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Senate Judiciary weighs S178 to set statutory timelines for nonviolent cases
Summary
Legislative counsel outlined S178, which would let defendants move to dismiss nonviolent misdemeanors not tried within 12 months and nonviolent felonies not tried within 24 months; prosecutors would have 14 days to respond, and courts retain discretion under Rule 48.
The Senate Judiciary Committee heard a walkthrough of S178 on Jan. 7. Eric Fitzpatrick of the Office of Legislative Council said the bill would create a statutory procedure enabling defendants to file motions to dismiss when trials do not commence within set timeframes: 12 months for nonviolent misdemeanors and 24 months for nonviolent felonies. Fitzpatrick said the bill does not automatically require dismissal in every case but establishes the mechanism for courts to adjudicate delay claims.
Fitzpatrick explained the process: after a defendant moves to dismiss, the…
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