HB1165:

Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment.

Bill Summary:

Nolle prosequi or dismissal without prejudice
prior to preliminary hearing; subsequent indictment; depositions.
Provides that if the district court enters a nolle prosequi or
grants a dismissal without prejudice upon motion of the attorney
for the Commonwealth on a misdemeanor or felony warrant prior to
conducting a preliminary hearing and the defendant is subsequently
indicted by a grand jury for the same offense, then (i) on the defendant's
motion, the case shall be remanded to the district court for a preliminary
hearing or (ii) the court may, with the consent of the defendant,
direct that the depositions of any witnesses whose testimony would
have been relevant in determining probable cause be taken. The bill
provides that such depositions shall be taken before a judge of the
circuit court in which such indictments were returned, and the judge
shall rule upon all questions of evidence and otherwise control the
taking of the same as though it were taken in open court.