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Senate enacts SB 183 to codify 'plea in advance' for certain diversion cases with child‑victim safeguard
Summary
SB 183 authorizes a court to accept a guilty plea and hold it in abeyance (a plea-in-advance) under supervision, with the record sealed and reporting requirements to the Department of Public Safety; the Senate adopted a substitute and passed the bill.
The Senate passed SB 183 on Feb. 25, a bill that codifies a practice described on the floor as a "plea in advance" — a variant of diversion where a defendant enters a guilty plea that is held by the court while the defendant completes conditions of probation; the plea is finalized only if the defendant violates the agreement.
Sponsor Senator Hilliard said the substitute clarifies two points: the plea in advance cannot be used when the victim is a child under age 14, and the Department of Public Safety must receive required reports to create a record for future reference. Hilliard described the mechanism as different from typical diversion because the defendant actually enters a guilty plea that is sealed and held while compliance is monitored; substantial violations would set aside the diversion and lead to adjudication without a trial.
Senators described the practice as already used in some jurisdictions; the substitute puts the practice in statute and adds the reporting and the child‑victim exclusion. The Senate adopted the committee report, approved the substitute, and passed SB 183 under suspension of rules. The clerk recorded the roll call and announced the bill passed and will be sent to the House.
Quote: “The substitute bill… provides that this plea of abeyance cannot be used when the victim is a child … under the age of 14,” — Senator Hilliard, sponsor of SB 183.
