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Courts of Record

P Passed

P HB1560

Closing of district courts. Provides that the chief judge of a district court may authorize the office of the clerk of the court to be closed on the basis of a possible threat to the health or safety of the general public or the clerk's staff.
Patron - Jones, J.C.

P HB1685

Senior justices and judges. Changes the word "secretary" to "support staff" to allow senior justices of the Supreme Court and senior judges of the Court of Appeals the flexibility to hire a law clerk rather than a secretary.
Patron - Howell

P HB1686

Court of Appeals. Eliminates statutory references to what expenses will be reimbursed for judges of the Court of Appeals and the staff positions to which the judges are entitled. The Code of Virginia currently specifies that each judge is entitled to one research assistant and the services of a secretary. The bill provides that each judge is entitled to the staff support authorized by the Appropriations Act.
Patron - Howell

P HB1759

Fees collected by circuit court clerks for deed recordation. Changes the fee collected by circuit court clerks from $13 plus additional dollars dependent on page length to a flat fee of $15 for 10 or fewer pages, $30 for 11-30 pages, and $50 for 31 or more pages.
Patron - Jones, J.C.

P HB1772

Remote access to nonconfidential circuit court records. Clarifies that those records held by a circuit court clerk include records stored in electronic format whether the storage media for such electronic records are on premises or elsewhere. The bill provides that remote access users are individuals who are not employees of the clerk's office.
Patron - Howell

P HB2043

Privacy of electronically filed court records. Requires the Supreme Court to promulgate rules to restrict remote electronic access to records in any cases filed electronically in the electronic filing pilot projects, to judges, court personnel, any persons assisting such persons in the administration of the electronic filing system, counsel of record, and parties appearing pro se. The bill expires on July 1, 2002.
Patron - Rust

P HB2199

Temporary recall of retired judges. Allows a judge to be recalled who retired under the Virginia Retirement System, instead of the Judicial Retirement System, after transferring from the judiciary to state service.
Patron - Almand

P HB2356

Modification of sentencing guidelines for methamphetamine. Requires the Virginia Criminal Sentencing Commission to develop discretionary felony sentencing guidelines for methamphetamine-related convictions and to assess the quantity of methamphetamine seized in such cases with regard to recently amended provisions of subsection H of § 18.2-248. The assessment must be completed by December 1, 2001. This bill is identical to SB 1178.
Patron - Weatherholtz

P HB2454

Payment of fees by credit card. Allows the circuit court clerk to accept credit cards for the payment of filing fees. Currently, the clerks only accept credit cards for fines and gun permits.
Patron - Phillips

P HB2487

Court of Appeals. Increases from two to three the number of judges on the Court of Appeals who must vote in favor of an en banc hearing when there is a dissent in the panel and the aggrieved party requests an en banc hearing. The bill also increases from two to three the number of other judges who must concur when any judge of a panel certifies that the panel decision is in conflict with a prior decision and should be heard en banc. This change recognizes the increase in the size of the Court of Appeals from 10 to 11 judges, a change made by the 2000 General Assembly. This bill is recommended by the Judicial Council.
Patron - Moran

P HB2749

Days of operation of clerks' offices. Expands the purposes for which the clerk, with the approval of the chief judge, may open the clerk's office on Saturdays to include recording instruments. Currently the court may be open on Saturday, solely for the purposes of (i) permitting examination and copying of court records and (ii) accepting applications for and granting licenses pursuant to applicable law. For all other purposes, including without limitation and the filing of actions at law and suits in equity and all pleadings, pleas and motions therein, the clerk's office shall be closed with the force and effect of a statutory closing as provided in § 1-13.3:1:1.
Patron - Deeds

P SB891

Circuit court clerks; powers, duties and fees. Makes technical corrections to various sections affecting circuit court clerks. Such corrections are not intended to create any substantive changes in policy and they are as follows: (1) With regard to records retention, the change clarifies that the clerk may destroy the originals of judgments once they are microfilmed or scanned in accordance with existing requirements; (2) a conflict regarding the fee payable for recording powers of attorney is eliminated; (3) an unintended conflict between the section relating to nonresident fiduciaries and a section relating to the qualification of a fiduciary without security is eliminated by clarifying that the clerk may waive the surety when he appoints; (4) the bill provides the protection from public inspection that is necessary for marriage licenses that have social security numbers as part of the record; (5) it makes clear that powers of attorney appointing agents for service of process on businesses trading under assumed names are to be filed in the deed books; (6) the bill makes clear that a copy of a will stored on microfilm or on an electronic medium can be certified as "a duly certified copy;" and (7) two outdated provisions are repealed. The bill also requires that social security numbers not be used on applications for marriage licenses.
Patron - Trumbo

F Failed

F HB1566

Indexing by tax map reference number. Excepts certificates of satisfaction from those instruments that certain localities shall require to be indexed by tax map reference number or parcel identification number.
Patron - Griffith

F HB1744

Number of circuit court judges. Adds a seventh circuit court judge to the Twenty-third Judicial Circuit (Roanoke, Salem and Roanoke County).
Patron - Griffith

F HB1792

Chief Justice of the Supreme Court of Virginia; election by the General Assembly. Requires that the Chief Justice be elected for a term of six years by the majority vote of the House and Senate. Currently, the Chief Justice is the justice with the longest service on the Court and holds that office without the restriction of a term.
Patron - Kilgore

F HB1793

Fees collected by clerks of circuit courts. Allows the clerks for Fairfax and Wise Counties, described by population brackets, to accept personal checks, credit cards, debit cards and/or any other commercially acceptable method of payment and to collect a service charge sufficient to cover the costs of credit card merchant processing for the services. The provisions of the act expire on July 1, 2006.
Patron - Kilgore

F HB1954

Costs and fees in dismissed drug cases. Requires a defendant whose case is dismissed under the first (drug) offender statute to pay all costs and fees ordinarily associated with the case, as if convicted.
Patron - Cox

F HB2445

Local judicial nominations committees. Establishes a judicial nominations committee in each circuit, composed of citizens and lawyers appointed by majority vote of the members of the General Assembly who represent any portion of the circuit. The committees are to investigate candidates (including incumbent judges) for circuit and district court vacancies and submit reports on up to three nominations per vacancy to the General Assembly. There is an opt-out provision for those delegations that already have nomination procedures in place.
Patron - Clement

F HB2536

Electronic filing of documents. Requires circuit court clerks to establish a system for electronic filing of all land records. The clerks are required to use a system developed or authorized by the Supreme Court of Virginia. Such system shall be standardized throughout the Commonwealth.
Patron - Phillips

F HB2592

Assessment for courthouse construction, renovation or maintenance. Allows any county or city to increase such assessment from four to six dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance.
Patron - Christian

F HB2675

Mandatory release on parole. Requires the Virginia Parole Board to review the time served by every person incarcerated in the Department of Corrections for a felony offense committed prior to January 1, 1995, and calculate whether that person has served the maximum term of confinement plus 10 percent under the sentencing guidelines in effect on July 1, 2001. If so, the person must immediately be released on parole. If not, the date on which he must be released shall be calculated and recorded in the person's record and the person must be released on that date.
Patron - Rhodes

F HB2685

Sentencing guideline modifications. Provides that any modification to the discretionary sentencing guidelines proposed on December 1 by the Sentencing Commission shall, with the advice and consent of the General Assembly, become effective on the next following July 1. Currently, the Commission's modifications are automatic unless otherwise provided by law.
Patron - Joannou

F HB2731

Remote access to nonconfidential court records. Provides that remote access users are those individuals not employed by the clerk's office.
Patron - Hargrove

F HB2770

Offender risk assessment instrument. Prohibits the Virginia Criminal Sentencing Commission from using the factors of race, sex, age, previous employment history, education, marital status or previous mental health treatment in determining a discretionary sentencing range.
Patron - Darner

F SB805

F SB860

Fees collected by the clerk for a felony reduced to a misdemeanor. Adds the misdemeanor drug sentencing fee of $75 to the fixed fee for a felony reduced to a misdemeanor collected by the clerk of the court.
Patron - Norment

F SB919

F SB1114

Number of circuit court judges. Adds an additional circuit court judge to the 23rd Judicial Circuit (Roanoke, Salem, and Roanoke County).
Patron - Edwards

F SB1119

Mental health courts; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to establish no less than two and no more than five mental health courts for nonviolent offenders with serious mental illnesses in Virginia by January 1, 2002.
Patron - Edwards

F SB1179

Court fees. Establishes fixed fees for proceedings for misdemeanors, traffic infractions and other violations in district and circuit court. The fixed fees aggregate the most common costs to be collected by clerks of court, many of which are earmarked for distribution to specific funds. The fees are collected in the case of a conviction, certain deferred dispositions without a finding of guilt, or revocation of probation or a suspended sentence. The bill was recommended by the Committee on District Courts in order to more efficiently process cases, utilize automation and minimize inconvenience to the public.
Patron - Norment

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