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Courts Not of Record

P Passed

P HB1575

Loss of driving privileges for making a bomb threat. Provides that a juvenile who makes a bomb threat shall be additionally punished by depriving him of his privilege to drive for one year. This bill is identical to SB 789 (Houck).
Patron - Orrock

P HB1683

Number of district court judges. Creates one new judgeship each in the general district courts of the Sixth (Emporia, Hopewell, Prince George, Surry, Sussex, Greensville, Brunswick) and Seventeenth (Arlington, Falls Church) Judicial Districts, and in the juvenile and domestic relations district courts of the Eighth (Hampton) and Twelfth (Chesterfield, Colonial Heights) Judicial Districts. The requirement that the judges of the Fourteenth Judicial District (Henrico), Juvenile and Domestic Relations District Court assist the Twelfth Judicial District is removed. This bill is recommended by the Committee on District Courts.
Patron - Almand

P HB1753

Postdispositional detention. Amends legislation that will be effective July 1, 2002, to provide that if the period of postdispositional confinement is to exceed 30 days the juvenile must be committed to the Department of Juvenile Justice. The bill also adds a provision that a juvenile who has been committed to the Department of Juvenile Justice within the past 18 months is not eligible for postdispositional detention. This bill is a recommendation of the Commission on Youth, which reviewed the postdispositional legislation passed during the 2000 General Assembly Session.
Patron - McDonnell

P HB1889

Time for filing of certain reports. Provides that the chief judge of each juvenile and domestic relations district court may provide for an alternative means of copying and distributing CASA (Court Appointed Special Advocate) reports.
Patron - Watts

P HB2038

Authority to hire court services staff and directors. Clarifies the authority of the Director of the Department of Juvenile Justice to hire, transfer and terminate probation officers and supervisors as needed or demanded in state-operated court service units and clarifies the juvenile court's authority to appoint a court services unit director for each locally-operated court services unit. The bill does not become effective unless reenacted by the 2002 Session of the General Assembly.
Patron - Rust

P HB2066

District courts. Deletes specific leave provisions for district court personnel and provides that such policies will be fixed by the Committee on District Courts. This flexibility will make it easier for the district courts to follow the changes made in the leave system for executive branch personnel. There is a provision that salary classification schedules, vacation and sick leave policies shall be uniform throughout the Commonwealth. The bill, as introduced, was recommended by the Committee on District Courts.
Patron - Howell

P HB2271

Powers and duties of clerks of the general district court. Clarifies that no clerk or deputy clerk shall be civilly liable for providing information or assistance that is within the scope of his duties. This bill is identical to SB 1197 (Forbes).
Patron - Shuler

P HB2340

Virginia Juvenile Justice Information System. Updates and clarifies provisions relating to confidential juvenile justice information and the Department of Juvenile Justice. This bill is identical to SB 1195 (Forbes).
Patron - Blevins

P HB2641

Judicial Conference of Virginia for District Courts. Adds as active members to the Judicial Conference of Virginia for District Courts the president and secretary of the Virginia College of Criminal Defense Attorneys.
Patron - Albo

P HB2676

Emergency protective orders; Virginia criminal information network. Allows a court entering an emergency protective order to forward the information regarding the order to the Virginia criminal information network electronically where feasible and practical. This bill does not change the information that must be forwarded, but under current law the method of transferring the information is not specified.
Patron - Rhodes

P HB2795

Commitment of serious juvenile offenders. Allows the circuit court to qualify a transferred juvenile as a serious offender and commit him to the Department of Juvenile Justice regardless of whether he meets existing criteria regarding criminal background if, upon the court's review of the juvenile's entire criminal history, such qualification is otherwise justified.
Patron - McDonnell

P HB2841

Disclosure that a juvenile is a suspect in or has been arrested for certain crimes. Specifies that the chief of police or sheriff of a jurisdiction or his designee may disclose to a school principal that a juvenile is a suspect in or has been charged with (i) a violent juvenile felony; (ii) a crime involving arson or bombs; or (iii) a crime involving weapons.
Patron - Cox

P SB789

P SB906

Civil procedure; maximum extension periods. Eliminates the 72- or 96-hour maximum extension periods in civil procedure relating to such things as involuntary detention and commitment to account for holiday weekend periods greater than 96 hours. The bill provides that when the maximum period in the civil procedure would expire on a Saturday, Sunday or legal holiday, the process continues until the next day that is not a Saturday, Sunday or legal holiday.
Patron - Mims

P SB1040

Pro tempore judges. Clarifies that the Governor's and circuit courts' powers of appointment of pro tempore judges exists only while the General Assembly is not in session. The language used in this bill is the same as used in the Constitution of Virginia.
Patron - Stolle

P SB1195

P SB1197

Clerks and deputy clerks of general district courts. Allows clerks and deputy clerks of general district courts to perform notarial acts. This bill is identical to HB 2271 (Shuler).
Patron - Forbes

P SB1296

Duties of court services units and local departments of social services; parole supervision of juveniles; secure residential facilities; authority of the juvenile court over adults. Separates the responsibilities of the Department of Juvenile Justice (DJJ) and the Department of Social Services over parole (post-release) supervision of juveniles. DJJ, through court services units, will be responsible for juveniles committed to it. The bill also gives the court the authority to place a child, 14 or older, into a secure residential facility (detention) for up to 10 days for violation of probation. The bill clarifies that the juvenile court retains authority over an adult on probation or parole for violations committed as a juvenile.
Patron - Mims

F Failed

F HB1586

Subpoenas duces tecum. Allows attorneys to directly issue subpoenas duces tecum in general district court, instead of issuing the subpoenas through the clerk of the court. This section of the Code of Virginia was one of the Code sections included in Chapter 813 of the 2000 Acts of Assembly, which had a sunset clause. This bill has been incorporated into HB 2366.
Patron - Jones, J.C.

F HB1606

Violation of provisions of protective orders; penalty. Raises the penalty for violation of the provisions of a protective order from a Class 1 misdemeanor to a Class 6 felony and imposes a mandatory, mimimum term of confinement of at least one year.
Patron - Weatherholtz

F HB1633

Emergency custody of certain abandoned children. Provides that if a parent voluntarily delivers physical custody of a child no older than 72 hours to a licensed hospital and does not express an intent to return for the child, the hospital shall take physical custody of the child, take any action necessary to protect the child's physical health and safety and immediately notify the local board of social services. The parents may remain anonymous and are presumed to have consented to termination of their parental rights. Hospital personnel who accept these children would be immune from civil and criminal liability. The Commonwealth shall reimburse the hospital for the hospital's actual expenses in accepting and caring for the child. The local board of social services shall assume the care, control and custody of the child immediately upon receipt of notice from the hospital and petition the court for a preliminary protective order for the child, hold a hearing the next business day and appoint a guardian ad litem. The bill provides an affirmative defense to prosecution for abuse and neglect for parents solely on the basis that they voluntarily abandoned their child. The bill requires the Board of Health to implement regulations requiring licensed hospitals to implement protocols for taking physical custody of abandoned children. The local department of social services shall contact local law enforcement to determine whether the abandoned child is a missing child and maintain records on the number of children who have been abandoned and forward the information to the Department of Social Services. The Department of Social Services shall file an annual report with the General Assembly on the statewide number of abandoned children. The Department of Social Services, in conjunction with the Department of Health, shall launch a media campaign to promote safe placement alternatives for newborn infants and publicize the emergency custody for certain abandoned children procedures. This bill is identical to HB 2154 and SB 785 and has been incorporated into HB 1891.
Patron - Moran

F HB1684

Small claims court. Creates an exception to the general provision that a defendant may not be represented by an attorney in small claims court by allowing an attorney to appear on behalf of a defendant on the first return date for the limited purpose of removing the case to general district court before the trial starts. This bill is a recommendation of the Committee on District Courts. This bill has been incorporated into HB 1849.
Patron - Almand

F HB1839

Exclusive original civil jurisdiction of general district courts. Raises from $3,000 to $6,000 the exclusive original civil jurisdictional amount of general district courts.
Patron - Howell

F HB1874

Authority to defer and dismiss. Provides that before a judgment of guilt in a criminal case or delinquency proceeding, a judge may defer further proceedings and impose probation and such terms and conditions upon the defendant 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

F HB1894

Clerks' offices; hours of operation. Requires the Supreme Court to establish by rule the hours of operation for the district and circuit court clerks' offices.
Patron - Griffith

F HB2133

Juvenile and Domestic Relations District Court. Creates a pilot project in Fairfax County to determine the efficacy of appeals from the juvenile and domestic district relations court to the Court of Appeals.
Patron - McClure

F HB2154

Emergency custody of certain abandoned children. Provides that if a parent voluntarily delivers physical custody of a child no older than 72 hours to a licensed hospital and does not express an intent to return for the child, the hospital shall take physical custody of the child, take any action necessary to protect the child's physical health and safety and immediately notify the local board of social services. The parents may remain anonymous and are presumed to have consented to termination of their parental rights. Hospital personnel who accept these children would be immune from civil and criminal liability. The Commonwealth shall reimburse the hospital for the hospital's actual expenses in accepting and caring for the child. The local board of social services shall assume the care, control and custody of the child immediately upon receipt of notice from the hospital and petition the court for a preliminary protective order for the child, hold a hearing the next business day and appoint a guardian ad litem. The bill provides an affirmative defense to prosecution for abuse and neglect for parents solely on the basis that they voluntarily abandoned their child. The bill requires the Board of Health to implement regulations requiring licensed hospitals to implement protocols for taking physical custody of abandoned children. The local department of social services shall contact local law enforcement to determine whether the abandoned child is a missing child and maintain records on the number of children who have been abandoned and forward the information to the Department of Social Services. The Department of Social Services shall file an annual report with the General Assembly on the statewide number of abandoned children. The Department of Social Services, in conjunction with the Department of Health, shall launch a media campaign to promote safe placement alternatives for newborn infants and publicize the emergency custody for certain abandoned children procedures. This bill is identical to HB 1633 and SB 785 and has been incorporated into HB 1891.
Patron - Rhodes

F HB2280

Commitment of juveniles to the Department of Juvenile Justice. Allows the commitment of a juvenile to the Department of Juvenile Justice if the juvenile has been expelled from a boot camp.
Patron - Barlow

F HB2328

Assault and battery against a family or household member; penalty. Provides that upon conviction for an assault and battery against a family or household member, where it is alleged that (i) such person has been previously convicted of assault and battery against a family member and (ii) within 72 hours of that person's release from incarceration serving a sentence for such conviction, commits another such violation, such person shall be guilty of a Class 6 felony. The bill also requires trial for violation of a family protective order or family assault and battery within 45 days where practical.
Patron - Baskerville

F HB2370

Removal of action involving more than $3,000. Provides that if the plaintiff objects to the defendant's motion for removal of a case from district court to circuit court on the basis of jurisdictional amount, the district court may hear evidence to determine whether the defendant has a substantial defense to the action, exclusive of the sole issue of the amount or computation of damages. If the court finds that the defendant has no substantial defense, the removal application shall be denied. Currently there is no provision for a hearing upon objection by the plaintiff.
Patron - Joannou

F HB2547

Support of committed juvenile by parents, etc. Requires parents or other persons legally obligated to care for and support a juvenile committed to the Department of Juvenile Justice as a delinquent or serious offender to pay a reasonable amount of support to cover the cost of support and treatment of the juvenile.
Patron - Katzen

F HB2597

Civil jurisdiction of general district courts. Raises the exclusive original jurisdiction in general district courts to $6,000, exclusive of interest and any attorney's fees. The bill sets concurrent jurisdiction with the circuit courts when the amount of the claim exceeds $6,000 but does not exceed $15,000, exclusive of interest and such attorney's fees. Jurisdiction of claims when the amount exceeds $15,000 is limited to the circuit courts. Current law sets exclusive original jurisdiction in general district courts to $3,000.
Patron - Putney

F HB2653

Juvenile not guilty by reason of insanity. Recognizes the finding of "not guilty by reason of insanity" for a child charged with a delinquent act in juvenile court proceedings. The bill closely parallels the adult statute on not guilty by reason of insanity. If the court finds a child not guilty, 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 Commonwealth v. Chapman, 30 Va. App, 593, 601, 518 S.E.2d 847, 851 (1999) rev'd Virginia Supreme Court, November 3, 2000, Record No. 992706, where the Supreme Court held that the insanity defense is not available to juveniles absent specific statutory authority.
Patron - Darner

F HB2719

Compensation of appointed counsel for parents in abuse and neglect cases. Provides that when a juvenile and domestic relations district court appoints counsel to represent a parent, guardian or other adult in an abuse and neglect case, such counsel shall be compensated for his services at the same rate as the guardian ad litem.
Patron - McClure

F SB785

F SB912

Study; Permanent foster care placement. Directs the Department of Social Services to study permanent foster care placement options for children. The study shall include, but not be limited to, (i) an analysis of the process currently used in the Commonwealth to make permanent foster care placements, (ii) an evaluation of how many children in the Commonwealth will remain in the foster care system until they are emancipated as young adults, (iii) an evaluation of how many children in the Commonwealth who are placed in a permanent foster care placement in a traditional family setting end up returning to an institutional group residence because they cannot or will not thrive in the traditional family setting, (iv) an analysis of any federal legal impediment to a permanent foster care placement in an institutional residential setting and an analysis of whether a program funded solely by state funds could overcome any legal impediment, (v) recommendations for criteria to be used for a foster care program that would permit the courts to make a permanent foster care placement in an institutional group residence, and (vi) a determination of the changes required in existing state law and regulation to allow courts to make permanent foster care placements in institutional group residences. The Department must submit its findings and recommendations to the Governor and the General Assembly by October 15, 2001.
Patron - Potts

F SB1068

Boot camp; juveniles. Allows a juvenile court to commit to the Department of Juvenile Justice a juvenile who was expelled from a boot camp. Under current law when a juvenile is expelled from boot camp, the court can impose only those dispositions that could have been imposed at the time the juvenile was placed in boot camp. Also under current law there must be a certain combination of offenses in order to commit the juvenile to the Department of Juvenile Justice.
Patron - Quayle

F SB1136

Juvenile court; support appeals. Clarifies the bond requirements for appeal of an order establishing a support arrearage (arrearage bond) or suspending payment of support during pendency of an appeal (accrual bond), a conviction for failure to support (appearance or recognizance) and a finding of civil or criminal contempt involving a failure to support (appearance or recognizance). The bill treats an appearance bond as bail. Failure to post it does not keep the appeal from going forward, but the appellant may not be at liberty during the pendency of the appeal.
Patron - Marsh

F SB1288

Car theft; juveniles. Provides for a determinate mandatory commitment of no less than six months and no more than one year to the Department of Juvenile Justice for a juvenile's second or subsequent conviction of motor vehicle theft or unauthorized use within a three-year period.
Patron - Rerras

F SB1307

Exclusive civil original jurisdiction of general district courts. Raises the exclusive civil original jurisdiction in general district courts to $6,000, exclusive of interest and any attorney's fees. Current law sets exclusive civil original jurisdiction in general district courts to $3,000.
Patron - Newman

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