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HB21-1309

Criminal Trial Continuances COVID-19 Pandemic

Concerning measures related to permitting continuing a criminal trial because of the COVID-19 pandemic.
Session:
2021 Regular Session
Subject:
Courts & Judicial
Bill Summary

Under existing law, a criminal defendant must be brought to trial within 6 months after the date of the entry of a plea of not guilty. However, there are circumstances that exclude a period of time when computing the time within which a defendant must be brought to trial. These exclusions extend the length of time within which the defendant must be brought to trial.

The bill permits the court to exclude a period of delay caused by the COVID-19 pandemic, not to exceed 6 months if the defendant is not in custody for the case pending a jury trial or not to exceed 3 months if the defendant is in custody for the case pending a jury trial, if the case includes a charge of a certain crime and other certain considerations are satisfied. The court may grant not more than 2 continuances 1 continuance due to a period of delay caused by the COVID-19 pandemic.

The bill requires the court that orders an exclusion of a period of delay caused by the COVID-19 pandemic to conduct a hearing for reconsideration of reconsider bond for an eligible defendant in custody awaiting trial.

A court shall not grant a continuance based on a delay caused by the COVID-19 pandemic on or after 5:01 p.m. on April 29, 2022.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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Bill Text