Virginia Senate passes prosecutorial discretion expansion and other reforms

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The Virginia Senate passed legislation Friday that would expand prosecutorial discretion and other criminal justice reforms.

Senate Bill 5033 would allow prosecutors to drop cases and craft deals that guarantee a reduction or a dismissal of a charge based on a defendant’s decision to seek rehabilitation, treatment or do community service.

The bill, which is sponsored by Sen. Scott Surovell, D-Mount Vernon, received bipartisan support, passing the chamber, 30-6. Similar legislation passed the Senate last year, but got held up in the House.

Another reform, which allows a person charged with marijuana possession to prepay a fine instead of appearing in court, also passed the Senate on Friday with bipartisan support, 29-7. The legislation, Senate Bill 5013, is sponsored by Sen. Richard Stuart, R-Montross.

Americans for Prosperity Virginia applauded the passage in a tweet.

“Glad to see [these bills] passed the Senate today with bipartisan support,” the tweet said. “We continue to support common-sense [criminal justice reform] that emphasizes public safety, human dignity and second chances.”

The Senate also passed a bill that would prevent police from searching someone or seizing property based solely on smelling the odor of marijuana. The legislation, Senate Bill 5029, is sponsored by Senate President Pro Tempore Louise Lucas, D-Portsmouth.

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