Bill Status of HB5431 102nd General Assembly
Short Description: CRIM PRO-SPEEDY TRIAL-COVID
Rep. Deanne M. Mazzochi
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a trial may not be delayed absent consent by the person or persons charged merely because of COVID-19, but that consent may not be unreasonably withheld. Provides that to stop or suspend a trial in progress or to not timely commence a trial that has been scheduled requires an individual quarantine order, medical order, or active infection of COVID-19 in the judge, a juror, a witness, a party, or legal counsel. Provides that the court may make reasonable efforts and accommodations for a trial in progress to stop or suspend the trial for a limited time or take other remedial measures that are in the best interests of the trial participants' health and safety, including, but not limited to, severing charges or persons, revisions to witness order, or seating of alternate jurors, but measures shall not include obligating the person or persons charged to modify legal counsel or obligating the accused to not call a witness in defense. Provides that the remedy for a violation of this subsection is securing injunctive relief to resume trial and, if the person or persons charged are granted the injunction to resume the trial, the moving party or parties shall be afforded reasonable costs and attorney's fees. Effective immediately.