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Courts not of Record

P Passed

P HB275
Power of circuit court over juvenile offender. Allows the circuit court to punish a juvenile convicted of a non-violent felony by imposing and suspending an adult sentence conditioned upon successful completion of terms and conditions as might be imposed by a juvenile court. The bill does not remove the circuit court's ability to punish the juvenile as an adult.
Patron - Cantor

P HB295
Commitment to the Department of Juvenile Justice. Changes criteria for commitment to the Department. Currently a child older than 10 years of age may be committed, this bill raises the age to 11 or older. The bill also provides for commitment to the Department for an offense which would be a Class 1 misdemeanor and the juvenile has been previously convicted of three Class 1 misdemeanors or a felony. Current law allows commitment for a Class 1 misdemeanor if the prior conviction was a felony or a Class 1 misdemeanor. The bill also clarifies that (i) abused and neglected children may not be committed to the Department and (ii) any juvenile who is in the custody of the Department and is subsequently convicted as an adult is to be transferred to the Department of Corrections. This bill is identical to SB 150 and SB 344.
Patron - Hamilton

P HB387
Reimbursement for construction of detention homes and other facilities. Requires the state to reimburse a locality 50 percent of the cost of construction, renovation, purchase, etc., of a detention home if the plans and specifications are preapproved by the Governor as required by law. This bill is identical to SB 196.
Patron - McDonnell

P HB482
Medical evidence admissible in juvenile and domestic relations district court. Places a medical laboratory on the same footing as a medical facility for the purpose of allowing laboratory analysis results into evidence. This change would allow a laboratory analysis to be admitted into evidence in child abuse or family abuse cases with only an affidavit of the analyst attesting to the truth and accuracy of the results and would avoid requiring the analyst to testify.
Patron - Watts

P HB490
Suspension of driver's license for truancy. Requires the juvenile and domestic relations court to order the denial of driving privileges for at least 30 days to any child at least 13 years of age upon a finding that the child has failed to comply with certain school attendance and parent-school conference meeting requirements. The measure provides for restricted licenses to be issued upon demonstration of hardship.
Patron - Hamilton

P HB507
Contempt of court. Increases from $50 to $250 the maximum fine for contempt of court. The 1999 General Assembly increased the fine to $250 in two sections but overlooked this section. This bill is a recommendation of the Committee on District Courts. Identical to SB 61.
Patron - Cranwell

P HB511
Protective orders; family abuse. Provides that a protective order may grant the petitioner use of a motor vehicle owned solely by the petitioner. Currently the petitioner may be granted use of a motor vehicle jointly owned by the parties but there is no provision to direct that a petitioner's own car be returned. This bill is identical to SB 353.
Patron - Cranwell

P HB567
Detention orders. Requires a detention order to state the offense for which the juvenile is being detained and if practicable, other pending and previous charges. The bill changes from "unreasonable danger to the person or property of others" to "a clear and substantial threat to the person or property of others" one of the standards to be considered in determining whether the juvenile should be released. This bill is a recommendation of the Youth Commission.
Patron - Jones, J. C.

P HB673
Exceptions to confidentiality of juvenile records or information. Allows a copy of any court order that imposes a curfew or other restrictions on a juvenile to be provided to the chief law-enforcement officer of the county or city wherein the juvenile resides. This bill is identical to SB 361.
Patron - Byron

P HB688
Emergency custody orders for minors. Authorizes magistrates to issue emergency custody orders for juveniles. A recent Attorney General opinion states that, under current law, a magistrate lacks authority to issue an emergency custody order under § 37.1-67.01 if the person is a minor. Section 37.1-67.01, regarding emergency custody orders, was added in 1995, and the cross reference was not picked up in the Psychiatric Inpatient Treatment of Minors Act. Thus, this bill is a technical amendment to correct an oversight made when the involuntary commitment statutes were revised in 1995. This bill is identical to Senate Bill 88.
Patron - Hamilton

P HB755
Number of district court judges. Increases the number of juvenile and domestic relations district court judges in the 14th judicial district (Henrico) and requires that the judges of the 14th judicial district render assistance to the 12th judicial district (Chesterfield, Colonial Heights) on a regular basis.
Patron - Howell

P HB849
Claim of error; juveniles. Provides that a claim of error must be raised within one year from the date of final judgment in the circuit court or one year from the effective date of the statute, whichever is later, or it will not constitute a ground for relief in any judicial proceeding.
Patron - Kilgore

P HB948
Juvenile Community Crime Control Act. Requires the community-based services developed pursuant to the Act to be based on an annual review and objective assessment of court-related data. The biennial plan required to be submitted to the State Board of Juvenile Justice must provide the projected number of juveniles that will not require secure detention or state commitment because of the community-based services. The bill adds a requirement that each locality submit a quarterly progress report to the Department of Juvenile Justice.
Patron - Jackson

P HB1101
Prepayable fines. Provides that whether or not he was involved in an accident, a person charged with a traffic offense which is listed as prepayable in the Uniform Fine Schedule may prepay his fines and costs without court appearance. Currently, prepayable fines may not be prepaid by a person involved in an accident. This bill is effective January 1, 2001.
Patron - Albo

P HB1206
Juveniles; fingerprints and photographs. Allows law-enforcement agencies to retain fingerprints and photographs of juveniles charged with, but not convicted of, violent juvenile felonies or ancillary crimes.
Patron - Cantor

P HB1498
Child's records. Clarifies that the existing statute, that provides that neither parent shall be denied access to the academic or medical records, includes noncustodial parents.
Patron - Devolites

P SB61
Contempt of court. Increases from $50 to $250 the maximum fine for contempt of court. The 1999 General Assembly increased the fine to $250 in two sections but overlooked this section. The bill is a recommendation of the Committee on District Courts. Identical to HB 507.
Patron - Trumbo

P SB66
Postdispositional detention. Allows a court to defer disposition and place a juvenile in the temporary custody of the Department of Juvenile Justice to attend a boot camp provided bed space is available and the juvenile (i) has been found delinquent for a non-status offense, (ii) has not previously been and is not currently being adjudicated delinquent or found guilty of a violent juvenile felony, (iii) has not previously attended a boot camp, (iv) has not previously been committed to the Departmen, and (v) has been assessed as appropriate for boot camp. Additionally, the bill provides that if a juvenile 14 years of age or older is found to have committed an offense which if committed by an adult would be punishable by confinement in a state or local correctional facility, and the court determines among other factors that the juvenile has not previously been, and is not currently being adjudicated delinquent or found guilty of a violent juvenile felony, then the court may order the juvenile confined in a detention home or other secure facility for juveniles for a period not to exceed six months. The period of confinement ordered may exceed 30 calendar days if the juvenile has had an assessment completed by the secure facility to which he is ordered concerning the appropriateness of the placement.
Patron - Mims

P SB88
Emergency admission. Provides that a minor may be taken into custody and admitted for inpatient treatment with the assistance of a law-enforcement officer, pursuant to the emergency procedures specified in §§ 37.1-67.01 and 37.1-67.1. Currently, a minor may be taken into custody for involuntary civil commitment pursuant to procedures for a temporary detention order. This corrects an omission made when the adult civil commitment procedures were amended in 1995. Identical to HB 688.
Patron - Edwards

P SB150
Commitment to the Department of Juvenile Justice. Changes criteria for commitment to the Department. Currently a child older than 10 years of age may be committed, this bill raises the age to 11 or older. The bill also provides for commitment to the Department for an offense which would be a Class 1 misdemeanor and the juvenile has been previously convicted of three Class 1 misdemeanors or a felony. Current law allows commitment for a Class 1 misdemeanor if the prior conviction was a felony or a Class 1 misdemeanor. The bill also clarifies that (i) abused and neglected children may not be committed to the Department and (ii) any juvenile who is in the custody of the Department and is subsequently convicted as an adult is to be transferred to the Department of Corrections. This bill is identical to HB 295 and SB 344.
Patron - Stolle

P SB196
Detention home construction. Requires the Commonwealth to reimburse any county, city or any combination thereof, one-half the actual cost of construction, enlargement, renovation, purchase or rental of a detention home or other facilities where the plans and specifications were approved by the Governor. Under current law the Commonwealth is obligated to reimburse up to one-half of the cost. The bill applies only to projects completed on and after July 1, 2001.
Patron - Stolle

P SB301
Juvenile competency evaluation. Adds licensed professional counselors to the list of experts who may perform a juvenile forensic evaluation.
Patron - Edwards

P SB312
Juvenile records. Allows law-enforcement agencies to release records of a juvenile 14 years of age or older charged with certain felonies. Under current law this information may be released only if the juvenile is charged with murder or aggravated malicious wounding. This bill also allows release if the charge is felonious injury by mob, abduction, malicious wounding, malicious wounding of a law-enforcement officer, felonious poisoning, adulteration of products, robbery, carjacking, rape, forcible sodomy, or object sexual penetration.
Patron - Reynolds

P SB343
Department of Juvenile Justice; confidentiality of Department records. Allows the Department to share confidential information regarding a child with persons having a legitimate interest (e.g., providing services to the child under a Department contract or under the Virginia Juvenile Community Crime Control Act; or release of the information for security purposes).
Patron - Forbes

P SB344
Delinquent juveniles. Changes criteria for commitment to the Department. Currently a child older than 10 years of age may be committed, this bill raises the age to 11 or older. The bill also provides for commitment to the Department for an offense which would be a Class 1 misdemeanor and the juvenile has been previously convicted of three Class 1 misdemeanors or a felony. Current law allows commitment for a Class 1 misdemeanor if the prior conviction was a felony or a Class 1 misdemeanor. The bill also clarifies that (i) abused and neglected children may not be committed to the Department and (ii) any juvenile who is in the custody of the Department and is subsequently convicted as an adult is to be transferred to the Department of Corrections. This bill is identical to SB 150 and HB 295.
Patron - Forbes

P SB345
Virginia Juvenile Community Crime Control Act. Amends that portion of the Act that provides funding for the Tidewater Regional Group Home Commission to allow that Commission to continue to receive direct funding for providing predispositional and postdispositional court services.
Patron - Forbes

P SB348
Exclusion of victims. Provides that a victim in a juvenile or adult proceeding may not be excluded from the courtroom unless the court determines that the presence of the victim would impair the conduct of a fair trial.
Patron - Mims

P SB353
Protective orders; family abuse. Provides that a protective order may grant the petitioner use of a motor vehicle owned solely by the petitioner. Currently the petitioner may be granted use of a motor vehicle jointly owned by the parties but there is no provision to direct that a petitioner's own car be returned. Identical to HB 511.
Patron - Edwards

P SB361
Exceptions to confidentiality of juvenile records or information. Provides that a copy of any court order that imposes a curfew or other restrictions on a juvenile may be provided to the chief law-enforcement officer of the county or city wherein the juvenile resides. Identical to HB 673.
Patron - Newman

P SB446
Termination of parental rights. Provides that when a child is in foster care and a parent is unable to have the care and custody of his child for 20 consecutive months or longer because of the parent's incarceration, the court is permitted to hear a termination of parental rights petition. The court must make findings concerning certain listed factors and determine, by clear and convincing evidence, that it is in the best interests of the child to terminate parental rights. When a parent is incarcerated so that he cannot have the care and custody of his child for 20 consecutive months, the foster care plan is not required to include reasonable efforts to reunite a child with his parent. This legislation is proposed by the Court Improvement Program in the Office of the Executive Secretary of the Supreme Court and has been endorsed by the Committee on District Courts and the Judicial Council of Virginia.
Patron - Mims

P SB447
Foster care. Provides that when it is necessary to remove a child from his home he may be placed with a relative or other interested individual, including grandparents, in lieu of placement with a local department of social services. The bill establishes standards for such placements which are appropriate for each stage of the dependency process. The bill establishes a new permanent goal known as "another planned permanent living arrangement" for foster children who require long-term residential treatment. Other amendments clarify aspects of the permanency planning process. Annual foster care review hearings must be held for children whose parental rights have been terminated until a final order of adoption is entered, instead of until they are placed for adoption. The bill also modifies the child's objection to a termination of parental rights. This bill is a recommendation of the Court Improvement Program of the Office of the Executive Secretary of the Supreme Court and has been endorsed by the Committee on District Courts and the Judicial Council of Virginia.
Patron - Mims

P SB475
Juvenile court; jurisdiction for protective orders. Clarifies that the juvenile court retains jurisdiction to hear a protective order petition when there is a bill of complaint for divorce filed in the circuit court and a hearing on a different matter is scheduled 21 days from the date of filing. Apparently some petitioners for family abuse protective orders have been left without remedy in either juvenile or circuit court when the juvenile court declined to hold a hearing and either the respondent withdrew the bill of complaint or the circuit court was unable to schedule an expedited hearing on the protective order matter.
Patron - Howell

P SB520
Juvenile competency. Provides for the civil commitment of a person who was charged with a crime when younger than the age of 18 but who reaches the age of 18 during the time that the court finds him unrestorable to competency and in need of inpatient hospitalization. In 1999, the Virginia Commission on Youth recommended legislation to provide juvenile court procedures for determining whether a juvenile is competent to stand trial, for restoration of competency and for dispositions for unrestorably incompetent juveniles. The current law provides that an unrestorably incompetent juvenile may be committed to a facility operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services for a period of up to three years, depending upon the charge. This bill provides the statutory authority to commit a juvenile who turns 18 to an adult facility.
Patron - Forbes

F Failed

F HB384
Drug offenses; required screening; commitment for treatment; post-release supervision. Requires a first time drug offender to undergo substance abuse screening and submit to periodic testing and allows the court to commit the defendant, based on the screening, to a treatment facility. The bill also requires that felons whose screening indicates substance abuse have an additional suspended term of incarceration imposed of between six months and three years.
Patron - McDonnell

F HB651
Children in need of services. Allows the juvenile or circuit court to find a child to be in need of services or a status offender in absentia and also allows the court to fine a child who is in need of services or a status offender up to $100.
Patron - Tata

F HB668
Delinquent juveniles. Allows the commitment of a juvenile to the Department of Juvenile Justice only if the juvenile has been adjudicated delinquent based on a felony offense. Currently, a juvenile may be committed for a Class 1 misdemeanor if it is a second or subsequent offense. The bill also allows the court to defer disposition and send a juvenile to boot camp for a Class 1 misdemeanor if it is a second or subsequent offense.
Patron - McDonnell

F HB669
Postdispositional detention. Provides for 30 day sentencing to secure detention as a dispositional option for juveniles who have not been found delinquent within the preceding 12 months. The bill also provides that a juvenile whose current offense is a Class 1 misdemeanor can be committed to the Department of Juvenile Justice only if his previous offense was a felony. Under current law the previous offense may be a misdemeanor. Juveniles who are placed in local detention for up to six months on a suspended commitment to the state may no longer subtract time served prior to disposition. Failure in post-dispositional placement will result in commitment to the State. The Board of Juvenile Justice is required to develop standards for separate programming for post-dispositional youth. The bill is a recommendation of the Commission on Youth.
Patron - McDonnell

F HB670
Time limitations for detention. Limits to 14 days the length of time a juvenile can be held in secure detention if no adjudicatory hearing has been held and if the juvenile has been detained for absconding from a facility or failing to appear in court. The bill also provides that a juvenile may be confined for violating a court order only if the original charge would warrant confinement and limits such confinement to 10 days. The bill prohibits placement in a juvenile detention facility of persons who violate a court order as a juvenile but are 18 or older at the time of disposition. The bill is a recommendation of the Youth Commission.
Patron - McDonnell

F HB931
Bail procedures, bail arraignment, access to criminal history information and services. Provided pursuant to the Pretrial Services Act.
Patron - Cranwell

F HB1221
Protective orders in family abuse. Limits the conditions a court may impose upon an abusing person to only that amount of protection necessary to ensure the safety of the parties.
Patron - McClure

F HB1328
Drug screenings of certain offenders. Allows juvenile substance abuse assessment to be done by qualified employees of agencies under contract to the Department of Juvenile Justice. The word "direct" is deleted so that employees qualified to conduct assessments have to be under the supervision of a certified substance abuse counselor but not the direct supervision of such counselor. Allows a pretrial services agency to request a person charged with a crime to submit to drug or alcohol screening or take a breath test for the presence of alcohol.
Patron - Almand

F HB1538
Pro tempore judges. Grants the authority for the appointment of district court judges to the Governor, instead of the circuit court judges, during recess of the General Assembly. The bill requires consultation by the Governor with each member of the General Assembly in the judicial district.
Patron - Kilgore

F SB90
Psychiatric Inpatient Treatment of Minors Act. Adds a reference to § 37.1-67.01 to clarify that the civil commitment emergency custody provisions applicable to adults apply to minors. Rolled into SB 88.
Patron - Edwards

F SB144
Power of circuit court over juvenile offender. Allows the circuit court to punish a juvenile convicted of a felony in the same manner as the juvenile courts, and no longer distinguishes between violent felonies and other felonies for purposes of punishment as a juvenile. The bill does not remove the circuit court's ability to punish the juvenile as an adult.
Patron - Forbes

F SB155
Drug offenses; required screening; commitment for treatment; post-release supervision. Requires a first time drug offender to undergo substance abuse screening and submit to periodic testing and allows the court to commit the defendant, based on the screening, to a treatment facility. The bill also requires that felons whose screening indicates substance abuse have an additional suspended term of incarceration imposed of between six months and three years. Rolled into SB 153 - Omnibus SABRE.
Patron - Stolle

F SB600
Drug screenings of certain offenders. Allows juvenile substance abuse assessment to be done by qualified employees of agencies under contract to the Department of Juvenile Justice. The word "direct" is deleted so that employees qualified to conduct assessments have to be under the supervision of a certified substance abuse counselor but not the direct supervision of such counselor. Allows a pretrial services agency to request a person charged with a crime to submit to drug or alcohol screening or take a breath test for the presence of alcohol. Rolled into SB 153 - Omnibus SABRE.
Patron - Stolle

F SB678
Pro tempore judges. Grants the authority for the appointment of district court judges to the Governor, instead of the circuit court judges, during recess of the General Assembly.
Patron - Forbes

C Carried Over

C HB314
Authority to defer, discharge and dismiss. Provides that at any time before a finding of guilt in a criminal case or delinquency proceeding, a judge of a district court may defer further proceedings and impose such terms and conditions upon the defendant, including probation, as the court deems proper in the case. The bill provides further that upon violation of a term or condition, the court may proceed with the case and that upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings without an adjudication of guilt or impose a sentence in accordance with the law.
Patron - Melvin

C HB687
Funding of local juvenile facilities, programs, etc. Gives the Compensation Board responsibility for apportioning among the localities appropriations for juvenile secure detention facilities and programs. Currently, the Department of Juvenile Justice has this responsibility. The bill contains technical amendments.
Patron - Hamilton

C HB700
Juvenile courts; termination of parental rights. Grants the juvenile courts exclusive jurisdiction over cases involving the termination of parental rights, prescribes procedures governing juries in these cases, and provides for appeals to be taken directly to the Court of Appeals.
Patron - Watts

C HB919
Limits on jurisdiction of the circuit court. Removes the jurisdiction of the circuit courts to try misdemeanors for which a presentment or indictment is brought in or for which an information is filed except on appeal from district courts.
Patron - Dickinson

C HB950
Runaways. Allows a child who has run away from his home, which is outside of the Commonwealth, to be taken into immediate custody.
Patron - Jackson

C HB952
Community-based system of services. Transfers the responsibility establishing standards for local programs to the Department of Criminal Justice Services. The state's share of financial assistance will be reflected in the appropriation to the Juvenile Community Crime Control Act. The bill also adds to the State Board of Juvenile Justice the duties of approving plans for state and local secure facilities, minimum standards for programs funded through the Department of Juvenile Justice, construction of detention homes, and for limiting the number of juveniles detained therein.
Patron - Jackson

C HB1084
Post-adoption contact agreements. Creates a post-adoption contact agreement that can be entered into by a birth parent and either an agency or the adoptive parents, which states the type of information to be shared by the parties after the adoption is complete. However, the agreement is not enforceable in any court and in no event shall failure to enter into such agreement or failure to comply with the agreement affect the validity of (i) the consent to the adoption; (ii) the voluntary relinquishment of parental rights; (iii) the voluntary or involuntary termination of parental rights; or (iv) the finality of the adoption.
Patron - Jones, J.C.

C HB1260
Child not responsible because of mental illness or mental retardation. Recognizes the finding of "not responsible because of mental illness or mental retardation" for a child charged with a delinquent act and closely parallels the adult statute. The standard requires that the child did not know the nature and consequences of the delinquent act or if he did know, he did not know the act was wrong. The finding specifically shall not be based on immaturity, age, or intoxication or substance abuse. If the court finds a child not responsible, and the child poses an unreasonable risk to the community, the court may commit the child to the Department of Mental Health, Mental Retardation and Substance Abuse Services for treatment. If the child does not pose a risk, the court may refer the child as one in need of services to the local family assessment and planning team for services under the Comprehensive Services Act for At-Risk Youth and Families. The bill adds such children to the mandated service pool under the Act. This bill is a recommendation of the Virginia Bar Association, which was requested by the General Assembly (see HJR 680, 1999) to review this area of the law. See also Chatman v. Commonwealth, 30 Va. App. 593 (1999), in which the Court of Appeals of Virginia held that the insanity defense is available to juveniles in delinquency proceedings. This case is on appeal to the Virginia Supreme Court.
Patron - Darner

C HB1550
Appointment of district court judges. Gives the Governor the power to appointment district court judges when the Assembly is not in session if the vacancy occurs more than 30 days prior to the next session. This power is currently held by the circuit courts and is not restricted by the 30-day grace period.
Patron - Kilgore

C SB588
Community-based system of services. Transfers the responsibility establishing standards for local programs to the Department of Criminal Justice Services. The state's share of financial assistance will be reflected in the appropriation to the Juvenile Community Crime Control Act. The bill also adds to the State Board of Juvenile Justice the duties of approving plans for state and local secure facilities, minimum standards for programs funded through the Department of Juvenile Justice, construction of detention homes, and for limiting the number of juveniles detained therein.
Patron - Norment

C SB601
Funding of local juvenile facilities, programs, etc. Gives the Compensation Board responsibility for apportioning among the localities appropriations for juvenile secure detention facilities and programs. Currently, the Department of Juvenile Justice has this responsibility. The bill contains technical amendments.
Patron - Stolle


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