HB2283 - 452R - House Bill Summary

House of Representatives

HB 2283

municipal prosecution; diversion

Sponsors: Representative Marsh

X	Committee on Judiciary
	Caucus and COW
	Third Read
	As Passed the House

HB 2283 allows the chief prosecutor of a city or town to establish a diversion program to provide for the dismissal of criminal complaints if the program’s requirements are successfully completed.

History

Diversion programs that require criminal offenders to successfully complete counseling programs in order to have the charges against them dismissed are already in existence. Currently, a county attorney has statutory authority to divert prosecution in favor of a diversion program; however, municipal prosecutors do not have that statutory authority.

Provisions

· Allows a chief prosecuting officer of a city or town to establish a diversion program that allows for the dismissal of a criminal complaint upon successful completion of the program’s requirements.

· Stipulates that diversion programs shall not be available for persons accused of a crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or to a person who previously completed the diversion program for a similar offense.

· Stipulates that the prosecutor has sole discretion to decide whether to divert prosecution before a guilty plea or trial.

· Stipulates that if a guilty plea is required before entry into a diversion program, the court must approve the diversion plea agreement.

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· 45th Legislature