HB 1165

Abstract

Nolle prosequi or dismissal without prejudiceprior to preliminary hearing; subsequent indictment; depositions.Provides that if the district court enters a nolle prosequi orgrants a dismissal without prejudice upon motion of the attorneyfor the Commonwealth on a misdemeanor or felony warrant prior toconducting a preliminary hearing and the defendant is subsequentlyindicted by a grand jury for the same offense, then (i) on the defendant'smotion, the case shall be remanded to the district court for a preliminaryhearing or (ii) the court may, with the consent of the defendant, direct that the depositions of any witnesses whose testimony wouldhave been relevant in determining probable cause be taken. The billprovides that such depositions shall be taken before a judge of the circuit court in which such indictments were returned, and the judgeshall rule upon all questions of evidence and otherwise control thetaking of the same as though it were taken in open court.