General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Courts not of Record

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Courts not of Record

Passed

P HB1402

Parental consent for abortion. Requires a physician to obtain parental consent prior to performing an abortion on an unemancipated minor. Under current law, the parents of the minor must be notified of the abortion, but do not have to give consent.
Patron - Black

P HB1520

Juvenile and domestic relations court expanded jurisdiction. Expands the definition of "child in need of services" to mean a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or any other person. This legislation is in response to the beating of a three year-old girl by two boys, ages five and six, in Loudoun County. This bill is identical to SB 991.
Patron - Black

P HB1527

Juvenile DUI and refusal. Gives the court the discretion to discharge and dismiss DUI and refusal proceedings against a juvenile. Under current law when a juvenile is found to have committed a violation of the DUI statute or to have unlawfully refused a blood test the court must dismiss the proceedings when the license has been restored and the terms and conditions have been met unless the violation resulted in the injury or death of any person.
Patron - Purkey

P HB1533

Juvenile court; definition of family and household member. Adds half-siblings to the definition of family or household member under the juvenile and domestic relations district court.
Patron - Melvin

P HB1559

Truancy court. Permits an intake officer to defer filing a truancy complaint petition for 90 days and to proceed informally by developing a truancy plan, provided the juvenile has not previously been proceeded against informally or adjudicated in need of supervision for failure to comply with compulsory school attendance. The juvenile and relevant adult must agree in writing to the development of a truancy plan and may participate in the plan. The intake officer may refer the juvenile to an appropriate public agency for development of a plan employing an interagency approach. If the juvenile does not complete the plan successfully within the 90-day period, the intake officer shall file the petition.
Patron - Orrock

P HB1572

Juvenile criminal information; schools. Rewrites provisions regarding the notification to a school division superintendent or school principal of criminal involvement of students. Current law requires division superintendents be notified when a petition is filed for certain crimes, but there is no follow-up as to the disposition of the charges unless there is a conviction. This bill requires notification when the juvenile is found not guilty or the charges are dismissed, withdrawn or reduced. This bill is a recommendation of the Youth Commission.
Patron - Hamilton

P HB1599

Restoration of competency to stand trial. Amends two of the statutes in the provisions regarding the defendant's competency to stand trial to provide that those statutes apply whether the defendant is a juvenile who is being tried as an adult or is an adult. The statutes amended govern raising the question of incompetency to stand trial and evaluation, and disposition and treatment when the defendant is found incompetent..
Patron - Melvin

P HB1842

Retention of district court records. Allows the destruction of documents in civil proceedings in which no service of process is had 24 months after the last return date.
Patron - Reese

P HB1915

Jurisdiction of juvenile court; when divested. Clarifies that the juvenile and domestic relations district court is divested of jurisdiction over the custody, guardianship, visitation or support when such issues are raised in the circuit court in a pendente lite hearing and where the circuit court is set to hear the issue on a date certain, including on a motions docket.
Patron - Almand

P HB2012

Notice of juvenile detention review hearing. Provides that notice of a juvenile detention review hearing shall be given to the probation and parole department of the local or state court services unit, as well as to the currently authorized parent, guardian, legal custodian or other person standing in loco parentis, the child's attorney, the child if 12 years of age or over, and to the attorney for the Commonwealth.
Patron - Bell

P HB2128

Parent education; custody, visitation, and support. Eliminates the 2003 sunset and modifies the existing requirements that parents attend educational seminars addressing the effects of separation or divorce on children, parenting responsibilities, etc. Under the bill the parties to any petition for custody, visitation or support shall show proof that they have attended within 12 months before their first court appearance or shall attend within 45 days thereafter an educational seminar which is at least four hours in length. Once a party has completed one educational program, the required completion of additional programs is at the court's discretion. Such programs are to be completed, where possible, prior to participating in mediation or alternative dispute resolution, and the court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Parties include natural or adoptive parents, or any person with a legitimate interest as defined in § 20-124.1. The fee for such programs shall be based on ability to pay, but shall in no cases exceed $50. This bill is identical to SB 1097 and incorporates HB 2029.
Patron - Reid

P HB2155

Juvenile medical records. Entitles a secure facility (most often a detention home) to obtain the medical records of a juvenile in its care directly from a health care provider if consent for release is refused or not readily obtainable from the parent or guardian. The records may be obtained only if necessary (i) for the provision of health care to the juvenile, (ii) to protect the health and safety of the juvenile or other residents or staff of the facility or (iii) to maintain the security and safety of the facility. Redisclosure of the records by facility staff is prohibited. This bill is a recommendation of the Youth Commission.
Patron - Hamilton

P HB2188

Emergency removal of abused and neglected children. Requires a petitioner who fails to obtain an emergency removal order after four hours have elapsed following taking custody of the child to state the reasons therefor. The bill also states that the parents or guardians shall be given notice as soon as practicable and every effort shall be made to provide such notice in person.
Patron - Saxman

P HB2231

Access to juvenile's court records. Grants greater access to otherwise confidential records of the juvenile court and the Department of Juvenile Justice, including electronic access, to pretrial services officers and community-based probation officers for the purpose of preparing pretrial investigations, risk assessment instruments and post-sentence investigation reports.
Patron - Cline

P HB2274

Trial of juveniles as adults. Provides that an order terminating the juvenile court's jurisdiction after a juvenile has been transferred and tried as an adult shall not apply to any allegations of criminal conduct that would properly be within the jurisdiction of the juvenile and domestic relations district court if the defendant were an adult. Currently, upon conviction of the juvenile following transfer or certification and trial as an adult, the circuit court terminates the juvenile court's jurisdiction over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations of delinquency that have not been disposed of by the juvenile court at the time of the criminal conviction.
Patron - Hurt

P HB2282

Predispositional detention of juveniles. Makes it clear that a juvenile and domestic relations district court judge has the authority to order a juvenile into detention prior to final disposition even if the juvenile was not ordered into detention when first taken into custody. This bill does not change the statutory criteria that must be met before detention is ordered. An August 2002 Attorney General Opinion stated that a judge has no authority to temporarily detain a juvenile after an adjudication hearing but pending the disposition hearing when the juvenile was not originally taken into custody and detained. This bill is identical to SB 1060.
Patron - Hurt

P HB2405

Child support and enforcement; lien on personal injury and wrongful death awards; publication of delinquent parent list. Clarifies that a court may issue a show cause order or capias for failure to pay child or spousal support where personal or substitute service has been obtained. A lien on personal injury and wrongful death awards is created for child and spousal support and given priority over other liens except those established on behalf of (i) health care providers who treated the injured person; (ii) the Commonwealth; (iii) the attorney representing the injured person; and (iv) a health insurance provider (statutory right of subrogation). The bill requires the Division of Child Support Enforcement to publish a list of the most delinquent parents, as determined by the Commissioner, and gives the Commissioner of the Department of Social Services access to information held by criminal justice agencies for use in locating delinquent parents. This bill is identical to SB 1206.
Patron - Oder

P HB2431

DNA samples. Clarifies that DNA samples of juveniles charged with felonies can be taken from blood, saliva or tissue.
Patron - Hugo

P HB2444

Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases. Establishes a $25 filing fee for child custody or visitation cases in the juvenile and domestic relations district court.
Patron - Griffith

P HB2518

Court services units; personnel. Clarifies the authority of the (i) Director of Juvenile Justice to hire, transfer, and terminate probation officers and supervisors in state-operated court services units, and (ii) juvenile and domestic relations district court judges to appoint court services unit directors. The bill also clarifies the Director's control over state-operated units and the localities' control of locally operated units.
Patron - McDonnell

P HB2624

General district court pleadings; limited liability companies. Authorizes a limited liability company, limited partnership, professional corporation, business trust and other legal entities to prepare, execute, file, and have served on other parties certain pleadings in general district court proceedings without the intervention of an attorney. The bill also allows a resident manager employed by such a legal entity licensed as a real estate firm to obtain a judgment for possession, rent or damages. Partnerships and corporations currently have the authority extended to other legal entities by this bill. This bill is identical to SB 732 and incorporates HB 2546.
Patron - Marrs

P SB732

P SB825

Appointment of lawyers in juvenile court. Provides that when the juvenile and domestic relations district court deems it necessary, the court may appoint both counsel and a guardian ad litem for a party. This bill reflects what historically has been the practice in juvenile courts. An Attorney General's Opinion issued on July 16, 2002, interpreted the statute as allowing a party a right to representation either by a guardian ad litem or by counsel in particular categories of cases and as not conferring upon the court the discretionary authority to appoint either counsel or guardian ad litem in addition to the specified type of appointment. This bill makes it clear that the court has the discretionary authority to appoint both when necessary. The bill is a recommendation of the Committee on District Courts.
Patron - Marsh

P SB834

Violation of protective orders. Provides that when a defendant is convicted of violating a domestic or stalking protective order, the court must issue a new protective order for a specified period not to exceed two years from the date of conviction.
Patron - Howell

P SB893

Protective orders when warrant issued for perpetrator. Includes in the provisions that allow for the issuance of protective orders following incidents of stalking, provisions that allow for the issuance of protective orders following incidents of acts of violence resulting in serious bodily injury to a person. In order to obtain a protective order under these provisions an arrest warrant must have been issued for the alleged perpetrator.
Patron - Watkins

P SB971

Court system; designation of circuit judge to sit in district court. Allows the Chief Justice of the Supreme Court to designate a circuit court judge, with the judge's consent, to sit in district court. The bill also removes an old reference to a single district court judge serving the courts of the Eastern Shore.
Patron - Trumbo

P SB988

Prepayable fines for traffic infractions. Allows fines for violating the maximum speed limits in certain residence districts of counties, cities and towns to be prepayable.
Patron - Mims

P SB991

P SB1060

Predispositional detention. Makes it clear that a juvenile and domestic relations district court judge has the authority to order a juvenile into detention prior to the final disposition even if the juvenile was not ordered into detention when first taken into custody. This bill does not change the statutory criteria that must be met before detention is ordered. An August 2002 Attorney General Opinion stated that a judge has no authority to temporarily detain a juvenile for the period after an adjudication hearing and prior to the disposition hearing when the juvenile was not originally taken into custody and detained. This bill is identical to HB 2282.
Patron - O'Brien

P SB1077

Juvenile criminal records. Authorizes the release of juvenile information in the Central Criminal Records Exchange (CCRE) to certain State Police, sheriff and police department employees for purposes of the administration of criminal justice. Under the Code, fingerprints and disposition must be forwarded to CCRE for a juvenile of any age found guilty of a felony, misdemeanors under Title 54.1, and misdemeanors punishable by confinement in jail except for trespassing, DUI and disorderly conduct. However, fingerprints are only required to be taken for juveniles aged 14 and older charged with a violent juvenile felony. Taking fingerprints for other charges is discretionary by law enforcement. The purpose of the bill is to allow law-enforcement officers and federal probation officers access to a juvenile's criminal history record.The introduced bill was a recommendation of the Youth Commmission.
Patron - Rerras

P SB1078

Confidentiality of Department of Juvenile Justice records. Provides that a person who has reached the age of majority and requests his Department of Juvenile Justice records has access to those records even if he was not a ward of the Department. The bill also expands the Department's authority to withhold information contained in its records from inspection by the child's parent or guardian when Department staff determine that disclosure would be detrimental to a third party. Currently, the Department is able to withhold these records only when the disclosure would be detrimental to the child.
Patron - Rerras

P SB1097

Parent education; custody, visitation, and support cases. Eliminates the 2003 sunset and modifies the existing requirements that parents attend educational seminars addressing the effects of separation or divorce on children, parenting responsibilities, etc. Under the bill the parties to any petition for custody, visitation or support shall show proof that they have attended within 12 months before their first court appearance or shall attend within 45 days thereafter an educational seminar which is at least four hours in length. Once a party has completed one educational program, the required completion of additional programs is at the court's discretion. Such programs are to be completed, where possible, prior to participating in mediation or alternative dispute resolution, and the court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Parties include natural or adoptive parents, or any person with a legitimate interest as defined in § 20-124.1. The fee for such programs shall be based on ability to pay, but shall in no cases exceed $50. This bill is identical to HB 2128.
Patron - Edwards

P SB1124

Parental consent for abortion; penalty. Requires a physician to obtain parental consent prior to performing an abortion on an unemancipated minor. This provision sets out the procedures required for the minor to seek judicial authorization for an abortion if the minor does not elect to seek consent of an authorized person. Under current law, the parents of the minor must be notified of the abortion, but do not have to give consent. The bill requires the court on a petition seeking judicial authorization to find the minor to be capable of emancipation when deciding whether the minor is "mature" or not. If authorization for the abortion is given by the judge, the physician or his agent will be required to notify the parent; however, no notice will be required if the judge finds that the notice would not be in the best interest of the minor. Further, no consent or judicial bypass decision will be required if the minor "declares that she is abused or neglected" and "the attending physician has reason to suspect that the minor may be an abused or neglected child . . . and reports the suspected abuse or neglect." Consent is defined as the physician has given notice of intent to perform the abortion and has received authorization from an authorized person, or at least one authorized person is present with the minor seeking the abortion.
Patron - Stolle

P SB1129

Court fees and costs. Implements amendments made by the 2002 Session of the General Assembly to the fixed-fee provisions for misdemeanors, traffic infractions, and other violations in circuit and district court.
Patron - Norment

P SB1206

P SB1246

Support payments to Department of Juvenile Justice. Provides that the Department of Juvenile Justice can apply to the Department of Social Services for child support when a juvenile is committed to its custody. The amount of child support a parent or other responsible party has to pay would be determined in accordance with the child support guideline. Under current law, the juvenile court must conduct an investigation and separate hearing to determine how much the responsible person should pay, and then must order such payment. The bill's purpose is to streamline the system by permitting payments to be established and obtained through the existing system afforded by the Division of Child Support Enforcement in the Department of Social Services, rather than on a case-by-case court adjudication. The bill also eliminates the roster now required to track children's whereabouts.
Patron - Mims

P SB1251

Fee for failure to appear. Raises from $10 to $20 the fee assessed when a guilty defendant fails to appear in a misdemeanor or traffic infraction case in district court.
Patron - Stolle

Failed

F HB1612

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. The Department is required to report to the General Assembly by December 1, 2003, and by December 1 in each of the five years following implementation of the law. 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. Chatman, 260 Va. 562, decided Novemer 3, 2000, where the Supreme Court held that the insanity defense is not available to juveniles absent specific statutory authority.
Patron - Darner

F HB1690

Juveniles; duty of person taking child into custody. Requires that whenever a child who is under 14 years old is taken into custody regarding the commission or alleged commission of certain acts and such child is deprived of his freedom, the person taking the child into custody shall (i) advise the child of such deprivation of freedom, (ii) advise the child that he has the right to counsel and to have present his parent, guardian, legal custodian or other person standing in loco parentis, (iii) notify such counsel or parent, guardian, legal custodian or other person standing in loco parentis, and (iv) not interrogate the child until reasonable efforts are made to notify such parent, guardian, legal custodian or other person standing in loco parentis and that person is given an opportunity to be present.
Patron - McQuigg

F HB1879

Teen court program. Authorizes the use of teen court programs as diversion programs in relatively minor cases involving juvenile offenders who volunteer to participate in a peer trial and sentencing process. The program must be approved by the juvenile court of the jurisdiction.
Patron - Amundson

F HB2029

Education in custody and visitation cases. Modifies the 2000 provisions that required the court to order parent education in contested cases. Under this bill the court must order attendance of an educational program for parents, guardians, legal custodians and persons serving in loco parentis who petition for custody or visitation, not just parents and not just in contested cases as in current law. The fee remains the same as in current law, which is a sliding scale, not to exceed $50. Under current law, the court may excuse participation in the educational program for good cause shown. This bill excuses participation for compelling circumstances and requires written documentation of the reason for the exemption. The bill requires attendance of the educational program before participating in mediation or other alternative dispute resolution method, unless the court allows the sequence to be reversed for good cause shown. The 2000 bill had a sunset clause and expires on July 1, 2003. This bill amends the Code as it is without the 2000 amendments, so some of the provisions that are new language in this bill are actually current law that will be repealed by the sunset clause on July 1, 2003. In order to give effect to this bill the sunset clause should not be repealed this session. This bill is incorporated into HB 2128.
Patron - Petersen

F HB2051

Hours of operation of district court clerks' offices. Provides that the chief judge shall require that the clerks' offices for all divisions of district courts shall remain open during hours established by Supreme Court Rule and that the hours shall be uniform throughout the Commonwealth.
Patron - Woodrum

F HB2095

Removal to circuit court. Amends provision that allows a defendant to remove an action from district court to circuit court if he has a substantial defense. Under current law the substantial defense must be exclusive of the sole issue of the amount or computation of damages; this bill adds causation of damages.
Patron - Joannou

F HB2276

Nondisclosure of protective orders. Provides that for the purposes of protective orders generally, if the person protected by the order requests nondisclosure, neither a law-enforcement agency, the attorney for the Commonwealth, a court or the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause. Currently, the nondisclosure is automatic, without regard to request by the person protected by the order.
Patron - Hurt

F HB2291

Circuit court clerks; recordation of documents. Allows the clerk to refuse to file any instrument that includes a grantor's, grantee's or trustee's social security number.
Patron - Devolites

F HB2378

Appointment of counsel for detention hearings. Requires the appointment of an attorney for a child prior to a detention hearing unless an attorney has been retained and appears on behalf of the child. The bill requires the child's attorney to be notified of the detention hearing and specifies that the attorney may be given the opportunity to be heard at the detention hearing. If it is determined that the child is not indigent, the parents must pay the costs of the attorney. There are provisions for a child to waive representation.
Patron - Moran

F HB2411

Disposition of delinquent juveniles. Allows the juvenile and domestic relations district court to defer disposition pending completion of a social history or substance abuse evaluation and place the juvenile in a secure facility for up to 60 days and to extend for another 30 days for good cause shown.
Patron - Marrs

F HB2448

Affirmative defense to prosecution for abuse and neglect; infant-receiving facilities; emergency custody of abandoned children. Provides that when any person voluntarily delivers a child no older than 72 hours to an infant-receiving facility, the person will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon the delivery of the child to an infant-receiving facility. Infant-receiving facilities include hospitals and police departments. Other facilities may opt in by complying with standards set up by the Department of Health and the Department of Social Services. The person may remain anonymous. Personnel who accept these children would be immune from liability absent gross negligence or willful misconduct. 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 incorporated into HB 2447.
Patron - Griffith

F HB2542

Abuse and lose; deferred findings. Makes discretionary the provisions requiring deferred finding in juvenile cases of drunk driving and refusal to submit to blood or breath tests. This bill is incorporated into HB 1527.
Patron - McDonnell

F HB2546

General district court pleadings; limited liability companies. Authorizes a limited liability company to prepare, execute, file, and have served on other parties certain pleadings in general district court proceedings without the intervention of an attorney. Partnerships and corporations currently have the same authority. This bill is incorporated into HB 2624.
Patron - McDonnell

F HB2590

F HB2686

Address confidentiality program for victims. Provides an address confidentiality program to allow certain victims, including victims of identity theft and domestic violence, to use an address designated by the Secretary of the Commonwealth for the purpose of receiving mail. Participants in the program would provide a confidential address to the Secretary to keep on file. The legislation provides certain application and certification procedures, as well as a penalty for providing false information to the Secretary. Additionally, the program allows participants to vote as absentee voters, provides that all records are confidential and not subject to the Virginia Freedom of Information Act and provides that the Secretary shall identify agencies that provide counseling and shelter services to participants.
Patron - Amundson

F HB2712

Court-ordered visitation; failure to comply. Provides that where there is a failure to comply with court-ordered visitation, the aggrieved parent may initiate a complaint with the Department of Social Services in the jurisdiction where the order was entered or where the failure to comply occurred.
Patron - Louderback

F SB1057

Affirmative defense to prosecution for abuse and neglect; infant-receiving facilities; emergency custody of abandoned children. Provides that when any person voluntarily delivers a child no older than 14 days to an approved facility, the person will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon the delivery of the child to an approved facility. The person may remain anonymous. Approved facilities include hospitals and police departments. Personnel who accept these children are immune from liability absent gross negligence or willful misconduct. 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. The Department of Social Services is required to make an annual report to the General Assembly compiling the number of children abondoned. This bill is incorporated into SB 1151.
Patron - Williams

F SB1098

Mental health courts; pilot program. Authorizes localities to seek federal funding for mental health court pilot projects and requires any pilot projects established to report to the General Assembly on their effectiveness and utilization by December 1, 2004.
Patron - Edwards

F SB1147

Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases. Creates a filing fee in the juvenile court for petitions involving custody, visitation or support.
Patron - Stolle

F SB1148

Predispositional detention. Makes it clear that a juvenile and domestic relations district court judge has the authority to order a juvenile into detention prior to the final disposition even if the juvenile was not ordered into detention when first taken into custody. This bill does not change the statutory criteria that must be met before detention is ordered. An August 2002 Attorney General Opinion stated that a judge has no authority to temporarily detain a juvenile after an adjudication hearing but pending the disposition hearing when the juvenile was not originally taken into custody and detained. The bill is a recommendation of the Committee on District Courts. This bill is incorporated into SB 1060.
Patron - Stolle

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