The bill S.178, introduced by Senator Hashim, aims to establish new standards for speedy trials in criminal cases. It allows defendants charged with nonviolent misdemeanors to file a motion for dismissal if their trial does not commence within one year of the charge, and for nonviolent felonies if the trial does not start within two years. The bill also mandates that prosecutors respond to such motions within 14 days, providing justifications for any delays, and outlines various factors that may be considered in their response, including the seriousness of the offense and any misconduct by law enforcement.
Additionally, the bill specifies certain periods that will be excluded when calculating the time limits for trial commencement, such as delays due to the defendant's mental competency evaluations or the absence of essential witnesses. It also includes provisions for dismissing cases if the prosecutor fails to respond to a motion within the specified timeframe. The act is set to take effect upon passage, reinforcing the importance of timely trials in the criminal justice system.