General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Courts of Record


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Courts of Record

Passed

P HB1845

Electronic filing of court documents. Expands the provisions for recording documents electronically to anyone who has entered into such an agreement with the court clerk. The bill makes technical changes to refer to the Uniform Electronic Transactions Act and the Rules of the Supreme Court of Virginia regarding electronic filing and electronic signatures.The bill makes permanent these provisions by repealing the sunset.
Patron - Reese

P HB2179

Criminal sentencing commission; modifications to discretionary sentencing guidelines. Imports into § 17.1-803 the requirement from § 17.1-806 that the Commission's annual report shall include any modifications to the discretionary sentencing guidelines that the Commission has adopted, and requires identification of the reasons supporting the modifications.
Patron - Kilgore

P HB2226

Supreme Court; distribution of reports. Authorizes the Court to distribute the published reports of the decisions of the Supreme Court and the Court of Appeals either in print or in electronic format.
Patron - Cline

P HB2294

Remote access to land records. Requires remote access to land records to be by paid subscription service through circuit court clerk's offices or designated application service providers.
Patron - Devolites

P HB2426

Posting certain information on the Internet; prohibitions. Provides that beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. The bill also provides an exception for court clerks providing remote access to their records if their network or system that is used to provide the access has been certified by the Department of Technology Planning. It also requires the Department to establish security standards that must be followed by court clerks providing remote access to records in consultation with circuit court clerks, the Supreme Court, the Compensation Board, users of land and other court records, and other interested citizens. The bill has a July 1, 2005, sunset provision.
Patron - Nixon

P SB714

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 - Wampler

P SB740

Fees collected by circuit court clerks; information technology fee. Extends the sunset on the collection of the Technology Trust Fund Fee from July 1, 2004, to July 1, 2008.
Patron - Marsh

P SB1258

Fees for driving under the influence conviction. Adds a fee of $100 for driving under the influence convictions.
Patron - Norment

Failed

F HB1682

Days of operation of clerks' offices. Provides that, for the purposes of closing circuit court clerks' offices, the authorization of the chief judge is sufficient in all cases. Currently, in some cases, the joint authorization by all judges in the circuit is required.
Patron - McDougle

F HB1847

Courts of record; fees. Repeals the statute imposing the penalty against any clerk, sheriff or other officer who fails to comply with his legal duties regarding receipt of fees for services.
Patron - Reese

F HB1898

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. This bill is incorporated into HB 2291.
Patron - Stump

F HB2052

Assessments for courthouse construction, etc., and law libraries. Increases from two dollars to four dollars the sum assessed for courthouse construction on each civil action filed, and removes the cap on the collection of fees in a civil action, which are used for courthouse construction, etc., and for support of a local law library.
Patron - Ingram

F HB2165

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. This bill is incorporated into HB 2291
Patron - Phillips

F HB2292

Confidential information in divorce cases; summary orders. Requires that the record of any divorce suit not contain the social security number of any party or of any minor child, or any financial information. This type of information, to the extent required by law to be provided to a governmental agency, shall be contained in a summary order. Such summary order can be used to distribute the information as required by law (e.g., to the Bureau of Vital Statistics) but shall otherwise be confidential except for the parties, their attorneys, and by court order.
Patron - Devolites

F HB2360

Courthouse construction. Provides for an additional six dollars to be available for courthouse construction by increasing the maximum assessment for costs in civil cases or an additional $10 for such construction by increasing the maximum assessment for costs in criminal and traffic cases.
Patron - Shuler

F HB2425

Fees collected by circuit court clerks. Adds a $10 fee to each filing of an action at law and each chancery case to be used for payment of juror fees through a local nonreverting fund, and provides that no clerks' fee is to be charged on estates under $15,000 (currently $5,000).
Patron - Marrs

F HB2458

Modification of sentencing guidelines for cocaine. Provides that for any conviction involving distribution of cocaine, when a determination of sentence under sentencing guidelines is made, that determination shall not be limited to a recommendation of detention center incarceration, but shall include other incarceration alternatives.
Patron - McDougle

F HB2614

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 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 - Petersen

F HB2672

Excess fees collected by clerks. Requires the Commonwealth to disburse to any locality its share of excess clerks' fees if the budget for clerks' offices is reduced and if that locality generates excess fees.
Patron - Drake

F HB2766

Modification of sentencing guidelines for embezzlement. Provides that for any conviction under § 18.2-111 involving an embezzlement valued at more than $100,000, the discretionary sentencing guidelines worksheets shall require the entry of a score that precludes a recommendation for alternative punishment.
Patron - Armstrong

F SB741

Fees collected by clerks of circuit courts. Increases the following fees: (i) in actions at law, those fees for suits greater than $150,000, (ii) for docketing judgments, (iii) for filing attorney-issued subpoenas, (iv) in chancery suits, (v) recordation and grantor tax, (vi) for recording a deed of trust or mortgage or deed of release, (vii) for recording deeds of partition and deeds transferring property upon divorce, (viii) for recording a contract or memorandum relating to real property, and (ix) for recording the sale of rolling stock; and increases the local recordation fees to equal the fee charged by the State (currently only one-third of the state's fee).
Patron - Marsh

F SB780

Assessments for courthouse construction, etc., and law libraries. Removes the cap on the collection of fees in a civil action, which are used for courthouse construction, etc., and for support of a local law library. This bill is incorporated into SB 1277.
Patron - Blevins

F SB818

Destruction of will files. Allows the clerk to destroy a will's file along with the original will after five years have passed since probate or recordation and allows destruction of originals of instruments which have been recorded and remained unretrieved by the recording party after six months, if the documents are no longer of any value and have been microfilmed.
Patron - Norment

F SB819

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

F SB983

Clerks' fees; what is taxed as costs. Clarifies what court costs are taxable in an attempt to make statewide practice more uniform. This is a recommendation of the Boyd-Graves Conference.
Patron - Mims

F SB1219

Recordation of plats. Allows the clerk to refuse to accept any plat for filing or recordation until such plat has been approved by the appropriate local governing body.
Patron - Williams

F SB1232

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 - Williams

F SB1277

Courthouse construction. Provides for up to an additional two dollars to be available for courthouse construction by increasing the maximum assessment for civil filing fees and removes the four dollar cap on the assessment for courthouse construction and public law library fees.
Patron - Rerras

F SB1310

Circuit court clerks; filing of documents. Allows a circuit court clerk to refuse to accept an instrument if the first page of the document does not contain the name of the title insurance underwriter and the policy number or a statement that there is no title insurance or that the policy number is not available or is unknown.
Patron - Deeds

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