General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Courts not of Record

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Courts not of Record

Passed

P HB44

Orders of judgment in courts not of record. Clarifies that judges in courts not of record may enter as a judgment order a discrete written installment or settlement order that has been endorsed by counsel. Under current law, a judge may enter a discrete written order in such cases as he deems appropriate or may enter the judgment on a pleading, note or bond. There is a provision that the bill is declaratory of existing law.
Patron - Reese

P HB45

Guardian ad litems. Eliminates the statutory $100 cap on the amount of guardian ad litem compensation (in a circuit court) that may be recovered from parents who are financially able to pay. The bill permits the circuit court to assess as costs against the parents the maximum amount the court awards the attorney. The bill retains the statutory cap on compensation that may be assessed against parents in the juvenile court. The subject matter of this bill is addressed in Item 34, Paragraph G of the 2002 Appropriation Act.
Patron - Reese

P HB47

Civil jurisdiction in actions of unlawful entry or detainer in general district court. Provides that counter-claims and cross-claims filed in actions for unlawful entry or detainer where the occupant is using the premises primarily for business, commercial or agricultural purposes shall not be subject to the maximum jurisdictional limit of $15,000 applicable in general district court. The counter-claim or cross-claim must arise out of the same use of the property for business, commercial or agricultural purposes. Under current law, the plaintiff in such actions may sue for more than $15,000 in general district court, but counter-claims and cross-claims are limited to $15,000 or less.
Patron - Reese

P HB320

Capias for nonsupport. Eliminates the requirement that the court act "upon petition" to issue a civil show cause summons or a capias where it finds that (i) a respondent has failed to comply with an order concerning custody, visitation, support or maintenance and (ii) personal or substitute service has been obtained.
Patron - Kilgore

P HB344

Filing fees in custody and visitation cases. Creates a special rate for fees in custody and visitation proceedings barring any add-on fees in these cases and applies the special rate for appeal of these cases. The bill also corrects an omission in last year's legislation clarifying that a petition may be reissued without additional costs or fees if service could not be had. This is a recommendation of the Committee on District Courts. This bill incorporates HB 946 and HB 1284 and is identical to SB 103.
Patron - Kilgore

P HB580

Involuntary commitment of minors. Provides that the juvenile and domestic relations court serving the jurisdiction in which the minor is located is responsible for scheduling the involuntary commitment hearing. For emergency admissions, the same shall be scheduled where the juvenile is located or resides.
Patron - Hamilton

P HB600

Juvenile detention; appointment of attorney. Requires the appointment of an attorney for a child prior to an initial detention hearing unless an attorney has been retained and appears on behalf of the child; and provides for payment for such court-appointed attorney. The bill requires that the child's attorney be notified of the detention hearing and any rehearing and specifies that the attorney be given the opportunity to be heard at the detention hearing. The bill clarifies that a child who is not released from detention after a detention hearing shall be entitled to a detention review hearing and that the child's attorney shall be afforded an opportunity to be heard at the detention review hearing. Current law allows a rehearing upon parental request when the child is not released and the parent was not notified and does not appear. This bill adds requirements that in order for there to be a rehearing the parent must make a written request and state that he is willing and available to supervise the child upon release from detention and will return the child to court for all scheduled proceedings. Further amendments provide that, if it is determined that the child is not indigent, the parents must pay the costs of the attorney. A child who is alleged to have committed an offense that could lead to commitment to a juvenile correctional center may waive his right to an attorney only after he consults with an attorney. The act does not become effective until July 1, 2005.
Patron - Dudley

P HB653

Custody and confinement for juvenile offenses. Allows juvenile intake officers and magistrates to order confinement of a person 18 years of age or older in a jail rather than a juvenile detention home for an offense that occurred prior to the person obtaining the age of 18. Currently this authority is limited to judges. This bill is identical to SB 577.
Patron - Bell

P HB787

Confidentiality of court records; juveniles. Authorizes the attorney for the Commonwealth to obtain from a juvenile court papers filed in connection with a juvenile adjudication of guilt for an offense that would be a felony if committed by an adult for use as evidence in a pending criminal prosecution for a violation of § 18.2-308.2 (possession or transportation of firearms, stun weapons, tasers or concealed weapons by a convicted felon). The bill also allows a bondsman to know the status of his bond on a juvenile, without access to any other part of the juvenile's record.
Patron - Hurt

P HB976

Pleadings and other papers signed by nonattorneys. Provides that a corporate officer (with the approval of the board of directors) or a manager, general partner or trustee, may in writing authorize an employee, a person licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons), a property manager, or a managing agent to (i) sign a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice filed in general district court, and (ii) appear in court to obtain a judgment for possession or for rent and damages. Under current law, the only nonlawyers who may sign such pleadings are a corporate officer (with the approval of the board of directors), a manager of a limited liability company, a general partner of any form of partnership or a trustee of any business trust, and the only nonlawyers who may appear in court on those pleadings are persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) and resident managers. This bill is identical to SB 630.
Patron - Reese

P HB982

Fees for services of district courts. Requires the district court clerks, in the case of an appeal filed pursuant to § 16.1-296, to collect fees for service of process of the notice of appeal in the circuit court before sending an appeal to the circuit court. The clerk is given the option to notify the appellee's attorney by regular mail that the appeal has been docketed.
Patron - Reese

P HB1041

Child abuse and neglect; definition. Amends the definition of child abuse and neglect to include a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248.
Patron - Saxman

P HB1062

Intake of juveniles. Permits a juvenile intake officer to proceed informally against a juvenile more than once where the juvenile is alleged to have committed an offense that would be a Class 1 misdemeanor or lesser offense if committed by an adult, or is alleged to have committed a status offense. Under current law, intake officers may proceed informally only once where the juvenile is alleged to have committed such an offense. This bill would allow the intake officer to seek alternatives to court action when the offense the juvenile is alleged to have committed is not a violent juvenile felony, and is intended to help relieve the burden on juvenile court dockets.
Patron - Armstrong

P HB1080

Notification of school superintendent of criminal street gang activity committed by juvenile. Requires an intake officer to notify the school division superintendent of the filing of a petition against a juvenile in cases involving criminal street gang activity.
Patron - Parrish

P HB1096

Juvenile fingerprints and photographs. Mandates the taking of fingerprints and photographs of any juvenile who is taken into custody and charged with a delinquent act if the charge is one that has to be reported to the Central Criminal Records Exchange for an adult arrest (all felonies and most Class 1 and 2 misdemeanors except DUI, trespass and disorderly conduct). Under current law this procedure is mandatory only for juveniles 14 years of age or older who are charged with certain crimes classified as violent juvenile felonies. If the juvenile is found not guilty, the fingerprints and photographs are destroyed unless the charge was for a violent juvenile felony, in which case they are maintained in the Central Criminal Records Exchange and the juvenile court.
Patron - Moran

P HB1141

Fixed fee for misdemeanors, etc. Provides when a defendant in a criminal or traffic case in district court has multiple charges arising from the same incident and has been assessed a fixed fee for one of the charges and is later convicted of another charge that arises from that same incident that has a higher fixed fee, he is to be assessed the difference between the fixed fee earlier assessed and the higher fixed fee.
Patron - McDonnell

P HB1146

Appeals of juvenile court decisions. Requires the circuit court, when practicable, to review the appeal of a juvenile court's transfer decision within 45 days after transfer from the juvenile court. The bill also requires the circuit court, when practicable, to hold a hearing on the merits of any appeal of a juvenile court finding of delinquency or disposition within 45 days of its filing, if the juvenile is in a secure facility pending appeal. A juvenile who has been held continuously in secure detention pending appeal is to be released if there is no hearing on the merits of his case within 45 days; however, the court may extend the time limit for good cause shown as documented in the case record.
Patron - McDonnell

P HB1209

Criteria for detention or shelter care. Allows a juvenile probation officer to continually search for less restrictive alternatives to secure detention when a juvenile is detained in a local detention facility.
Patron - BaCote

P HB1274

Temporary custody of juveniles. Eliminates language authorizing the placement of a juvenile who is alleged to be a child in need of services in the temporary custody of the Department of Juvenile Justice. Provides that temporary custody by the Department of Juvenile Justice is ordered for only those juveniles found to be delinquent for an offense that renders the juvenile eligible for commitment pursuant to: (i) subdivision A 14 of § 16.1-278.8 (the juvenile is aged 11 or older and the offense would be a felony if committed by an adult; a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense which would be a felony if committed by an adult; or would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been adjudicated delinquent on three occasions for offenses which would be Class 1 misdemeanors if committed by an adult) or (ii) § 16.1-285.1 (the juvenile is aged 14 or older and, among other things, has been found guilty of an offense which would be a felony if committed by an adult).
Patron - Moran

P HB1355

Delinquent juveniles; disposition. Requires, for juveniles 11 years of age or older who can be committed to the Department of Juvenile Justice for an offense that would be a Class 1 misdemeanor if committed by an adult, that the juvenile must have previously been adjudicated delinquent on three separate occasions.
Patron - Hamilton

P SB26

Use of summons in juvenile court; littering. Adds littering to the list of offenses for which a summons may be used to bring a proceeding in juvenile court instead of instituting a petition.
Patron - Marsh

P SB103

Juveniles; petitions filed for custody and visitation. Provides that only one petition need be filed and only one filing fee shall be required for all custody and visitation petitions simultaneously initiated by a single petitioner. This bill is identical to HB 344.
Patron - Devolites

P SB114

Protection of infants. Provides that in civil proceedings involving child abuse, neglect or abandonment based solely on the parent having left the child at a hospital or rescue squad, it is an affirmative defense that the parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within 14 days of the child's birth. The bill provides that for purposes of terminating parental rights and placing a child for adoption the court may find that the child has been neglected upon the ground of abandonment. This is similar to the affirmative defense that the General Assembly made available in 2003 for parents in criminal abuse and neglect cases.
Patron - Williams

P SB327

Committee on District Courts. Makes the Chief Justice a member and chairman of the Committee. Increases from one to two the number of general district court judges and juvenile and domestic relations court judges included on the Committee.
Patron - Stolle

P SB335

Service of process on teacher or other school personnel; restrictions; fees. Restricts service of a summons on school property to only a sheriff or his deputy in any custody or visitation case where the summons is issued for a teacher or other school personnel who is not a party to the proceeding. The bill applies the $12 service fee for service of a summons in any custody or visitation case.
Patron - Stolle

P SB577

P SB593

Juvenile intake; notification to school superintendent. Adds prohibited street gang participation to those enumerated crimes triggering a requirement that the intake officer provide notice to a school superintendent that a petition has been filed alleging a juvenile committed an act that would be a crime if committed by an adult.
Patron - Colgan

P SB617

Serious or Habitual Offender Comprehensive Action Program (SHOCAP). Provides that a juvenile who has been convicted of one criminal street gang felony qualifies for SHOCAP. Under current law a juvenile must have been convicted of three felonies or misdemeanors to qualify, unless the felonies are murder, attempted murder, armed robbery or malicious wounding. SHOCAP is a program that provides control, supervision and treatment for serious or habitual juvenile offenders.
Patron - O'Brien

P SB630

Pleadings and other papers signed by nonattorneys. Adds employees, persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) managing agents of a landlord, and property managers to the list of nonattorneys who may sign a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice filed in general district court. The employee, property manager, managing agent, or licensed person must be given written authorization to sign such pleadings by those individuals now statutorily authorized to sign such pleadings (a corporate officer (with the approval of the board of directors), a manager of a limited liability company, a general partner of any form of partnership or a trustee of any business trust). Legislation passed in 2003 narrowed the class of signatories of pleadings (by eliminating "bona fide employee[s]") at the same time as it expanded the types of business entities whose authorized representatives could sign such pleadings. Under current law, persons licensed under § 54.1-2106.1 and resident managers can appear in court to recover rent or possession. This bill is identical to HB 976.
Patron - Quayle

Failed

F HB39

Costs in court not of record. Provides that the courts may award as costs to a prevailing party, associated either with the trial of the action or with the recovery of judgment, the costs a pro se litigant incurs due to his absence from his employment resulting from his pro se representation. The pro se litigant must document his costs by affidavit and the costs awarded shall not exceed the lesser of 25 percent of actual damages awarded or $100.
Patron - Orrock

F HB80

Emergency protective orders. Amends the section on emergency protective orders to make it consistent with § 18.2-57.2, which makes assault and battery of a family or household member a crime. Section 18.2-57.2 requires that an emergency protective order be issued whenever a warrant for family assault is issued. This bill removes language that qualifies that mandate by requiring, in addition to the warrant, a finding that there will be probable danger of further acts of family abuse.
Patron - Cox

F HB125

Juvenile intake; notification to school superintendent. Adds a criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang pursuant to § 18.2-46.2 to those enumerated crimes triggering a requirement that the intake officer provide notice to a school superintendent that a petition has been filed alleging a juvenile committed an act that would be a crime if committed by an adult. This bill is incorporated into HB 1080.
Patron - Albo

F HB333

Juveniles not in custody; detention. Provides that where a juvenile has not been taken into custody, the court nevertheless may order detention in a secure facility or in shelter care pending completion of any testing or evaluation that the court requires to complete its final order of disposition. Any such order must comply with at least one of the conditions specified in subdivisions A 1 through A 4 of § 16.1-248.1. Under current law, the court has no authority to order any form of detention for a juvenile who is not first taken into custody. This lack of authority is especially problematic where the court requires testing or evaluation of the juvenile prior to entering a final order of disposition.
Patron - Pollard

F HB507

Violation of provisions of protective orders; penalty. Provides that the respondent to a protective order who violates the protective order by furtively entering the home of any protected party while the party is present or by entering and remaining in the home of the protected party until the protected party arrives is guilty of a Class 6 felony. The bill also provides that if the respondent to a protective order commits an assault and battery upon any party protected by the protective order resulting in bodily injury to the party, he is guilty of a Class 6 felony. The bill also provides that, upon conviction of a third or subsequent violation of a protective order punishable as a Class 1 misdemeanor offense, the person is guilty of a Class 6 felony. This bill is incorporated into HB 1233.
Patron - Marrs

F HB937

F HB946

Juveniles; petitions filed for custody and visitation of any and all children of the parties. Provides that only one petition need be filed and only one filing fee shall be required for filing a petition for custody and visitation for any and all children of the parties. This bill is incorporated into HB 344.
Patron - McDougle

F HB1276

Number of juvenile and domestic relations district court judges. Increases the number of juvenile and domestic relations district court judges by one each in the 15th (Fredericksburg, King George, Stafford, Spotsylvania, Caroline, Hanover, Lancaster, Northumberland, Westmoreland, Richmond and Essex) and 27th (Galax, Radford, Pulaski, Wythe, Carroll, Montgomery, Floyd, Giles, Bland and Grayson) Districts.
Patron - McDonnell

F SB96

Appeal bond in support cases. Provides that part of a support order of a juvenile and domestic relations district court may be appealed without appealing the entire order and that no appeal bond is required if the finding of a support arrearage is not appealed and support is not suspended during the pendency of the appeal.
Patron - Devolites

F SB169

F SB339

Dispositions for delinquent juveniles. Allows a juvenile 11 years of age or older to be committed to the Department of Juvenile Justice for a violation of § 18.2-308.7 (possession or transportation of certain firearms by persons under the age of 18), which is a Class 1 misdemeanor, if the juvenile has previously been adjudicated delinquent of a Class 1 misdemeanor and if the liberty of the juvenile constitutes a clear and substantial threat to the life or health of the juvenile or others. Under current law a juvenile cannot be committed for a Class 1 misdemeanor unless he has three previous Class 1 misdemeanors or a previous felony.
Patron - Edwards

F SB486

Child abuse and neglect; definition. Amends the definition of child abuse and neglect to include any child whose parents or other person responsible for his care knowingly allows him to be present during the unlawful sale, manufacture or attempted manufacture of a Schedule I or II controlled substance, where such unlawful sale, manufacture or attempted manufacture would constitute a felony.
Patron - Obenshain

F SB578

Duty to inform of right to counsel in juvenile court. Removes probation officers from the series of persons who must inform children and parents of their right to counsel and indigency criteria in certain juvenile court proceedings. Under current law, either the judge, clerk or probation officer must inform a child who is alleged to be delinquent or in need of services or supervision and the child's parent of the child's right to counsel and must inform a parent of the parent's right to counsel for an adjudicatory hearing where a child is alleged to be abused or neglected or for termination of parental rights.
Patron - Colgan

Carried Over

C HB42

Retention of records in general district court. Extends the record retention requirements and streamlines the time limitations on enforcing judgments rendered in general district court by providing that where the judgment is docketed in the circuit court, the district court shall, upon petition by a party prior to the expiration of 10 years from the date of judgment and proof of the circuit court docketing, retain the case records for 20 years and extend the limitation on enforcement from 10 years to 20 years. Under current law, where the general district court grants an extension of the limitations on enforcement of the judgment, the case records are forwarded to the circuit court and the judgment thereafter is treated as a circuit court judgment. Alternatively, under current law, the plaintiff may docket an abstract of the judgment in the circuit court so as to obtain the extended enforcement time frame (the judgment in other respects remains a district court judgment and the records are retained for 10 years). The bill retains the current statutory provision that the judgment creditor may extend the limitation for enforcing the judgment pursuant to § 8.01-251. The bill modifies current law by amending § 16.1-69.55 (Retention of case records), which is referenced in § 16.1-94.1 (Limitations on enforcement of district court judgments).
Patron - Reese

C HB328

Foster care plans; reasonable efforts. Broadens bases for eliminating requirement to make "reasonable efforts" to reunite child with parent to include cases where the parent has been convicted of certain offenses against any child (rather than a "child of the parent" or "a child with whom the parent resided at the time" the offense occurred). Makes the reference to "aggravated circumstances" consistent with the proposed statutory change by defining such circumstances as being certain acts committed against, or allowed to occur against, any child (rather than a "child of the parent" or "a child with whom the parent resided at the time" the offense occurred).
Patron - Griffith

C HB652

C HB735

General district court; medical records. Provides that if a personal injury case is removed from general district court to circuit court and the claim is under $15,000, the parties may use general district court procedures to introduce medical evidence, rather than the circuit court procedures. In general district court a party may introduce evidence on injuries, treatment and examination and costs by a report and affidavit from the health care provider. In circuit court medical evidence is typically introduced by deposition or trial testimony of the health care provider.
Patron - Joannou

C HB1317

Hearing on preliminary protective orders. Provides that the hearing following issuance of a preliminary protective order shall be held within five days of the issuance of the preliminary order rather than the current 15 days.
Patron - Louderback

C SB469

Juvenile petition. Allows a juvenile to file a petition on his own behalf if he alleges sufficient facts to invoke the jurisdiction of the juvenile and domestic relations district court and if the petition is authorized by an intake officer. The intake officer may proceed informally to resolve the matter or may permit the juvenile to file a petition. If a petition is filed, the court must appoint a guardian ad litem to represent the juvenile.
Patron - Ticer

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Courts not of Record

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