General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Courts not of Record

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Courts not of Record

Passed

P HB1580

Enforcement of judgments. Streamlines the process for enforcing judgments issued by a general district court and docketed in circuit court so as to extend enforcement timeframes by (i) eliminating the requirement for district court approval of the motion for extension, (ii) eliminating the requirement that all case documents in the district court must be filed in the circuit court, and (iii) permitting executions on the docketed civil judgments to issue from the general district court in which the judgment was obtained after the abstract of the circuit court judgment has been filed in the district court.
Patron - Reese

P HB1581

Pleadings and other papers by parties not represented by counsel; notice of address change. Requires those certain parties that may represent themselves in certain civil proceedings to promptly notify the clerk of court and any adverse parties of address changes. If a party fails to provide such notification, a mailing to or service upon a party at the most recent address contained in the court file of the case is deemed effective service or other notice.
Patron - Reese

P HB1789

Juveniles; information upon the commitment of a juvenile. Places upon the Department of Correctional Education the primary duty of transferring academic, and career and technical education and related achievement information to local school boards when children are returned to the community from the Department of Juvenile Justice's care.
Patron - Councill

P HB2206

Delinquent juveniles; disposition. Replaces the 12-month period during which the court may defer disposition of a delinquent juvenile with a provision that the court establish a specific period of time giving due regard to the gravity of the offense and the juvenile's history.
Patron - Marrs

P HB2209

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 - Marrs

P HB2245

Mental health transition plan. Requires the Board of Juvenile Justice, after consultation with the Board of Mental Health, Mental Retardation, and Substance Abuse Services and other related agencies, to promulgate regulations for the planning and provision of mental health, substance abuse or other therapeutic treatment services for persons returning to the community following commitment to a juvenile correctional center or postdispositional detention. This bill is identical to SB 843.
Patron - Bell

P HB2527

Court jurisdiction. Amends section that gives district and circuit courts for counties and cities lying on waters bounding the Commonwealth concurrent jurisdiction over the waters opposite the jurisdiction as far as the jurisdiction of the Commonwealth extends, to provide that it applies to the City of Norfolk. Under current law, the cities of Norfolk and Richmond are the only jurisdictions which do not have concurrent jurisdiction. This bill is identical to SB 1180.
Patron - Melvin

P HB2529

Notice of juvenile transfer hearing; sentencing. Requires the attorney for the Commonwealth to notify the court service unit of the need for a transfer report upon motion of the Commonwealth for a juvenile transfer hearing. If a juvenile tried as an adult is sentenced as juvenile, the bill requires the clerk to provide a copy of the court's final order or judgment to the appropriate court service unit.
Patron - Melvin

P HB2650

Criteria for detention of juvenile; appeal. Authorizes the attorney for the Commonwealth to appeal the decision of the intake officer or magistrate to release a juvenile if the juvenile violated a term or condition of his release, is convicted of or taken into custody for an additional offense, or the attorney for the Commonwealth presents evidence that incorrect or incomplete information was relied upon in establishing the initial terms of release. The attorney for the Commonwealth may appeal the decision of a juvenile court judge if the juvenile is released over his objection.
Patron - Hurt

P HB2661

Number of district judges. Adds a new general district court judge to the 15th Judicial District (Fredericksburg, Essex, Caroline, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland), and a new juvenile court judge to the 20th Judicial District (Loudoun, Fauquier, Rappahannock). This bill is identical to SB 1154.
Patron - McDonnell

P HB2670

Juveniles; representation by attorney. Provides that juveniles may waive representation by an attorney where the charged offense would be a felony if committed by an adult only after the juvenile consults with an attorney and the court determines that his waiver is free and voluntary. In addition, the waiver must be in writing, and the court must find that the child and parent consent and that the waiver is consistent with the interests of the child. This bill incorporates HB 2409.
Patron - McDonnell

P HB2734

Organized criminal gang reporting. Repeals a provision relating specifically to reporting of organized youth gang activity, and creates a general law-enforcement reporting requirement of all gang activity to the Organized Criminal Gang File in the Virginia Criminal Information Network and the Violent Criminal Gang File of the National Crime Information Center maintained by the Federal Bureau of Investigation.
Patron - McQuigg

P HB2744

Foster care plans and home studies. Requires parent and child involvement in the development of foster care plans. The bill also requires home studies prior to any foster home placement, and requires the Board of Social Services to adopt regulations allowing for dual approval of homes as both foster and adoptive homes.
Patron - Alexander

P SB806

Cross-designation of judges by chief district judge. Increases the maximum duration of orders authorizing the cross-designation of juvenile and general district court judges from 90 days to one year.
Patron - Marsh

P SB843

Mental health transition plan. Requires the Board of Juvenile Justice, after consultation with the Board of Mental Health, Mental Retardation, and Substance Abuse Services, to promulgate regulations for the planning and provision of mental health, substance abuse or other therapeutic treatment services for persons returning to the community following commitment to a juvenile correctional center or postdispositional detention. This bill is identical to HB 2245.
Patron - Deeds

P SB1070

Psychiatric Inpatient Treatment of Minors Act. Adds a procedure for the hospitalization of a juvenile who is in detention or shelter care for a criminal offense pursuant to an order of a juvenile and domestic relations district court.
Patron - Cuccinelli

P SB1154

P SB1180

P SB1320

Confidentiality of juvenile records; escape exception. Amends provisions allowing the public release of juvenile information (name, age, physical description, photograph, charge, and other information that might expedite apprehension) when a juvenile becomes a fugitive from justice to apply to juveniles who are being held in custody by a law-enforcement officer or in a secure facility. Under current law release of this information is allowed only if the juvenile is charged with certain felonies (rape, robbery, burglary, or a Class 1, 2, or 3). Current law further provides that the information may be released only upon court order. This bill provides that if the juvenile becomes a fugitive from justice at a time when court is not in session, the Department of Juvenile Justice, attorney for the Commonwealth or a court services unit may release such information.
Patron - Reynolds

Failed

F 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

F HB1520

Pro se representation; closely held corporations. Expands the authority of a nonlawyer appearing on behalf of a closely held corporation in civil actions in general district court by authorizing him to file a bill of particulars or grounds of defense; argue motions; file or interrogate at debtor interrogatories; or file, issue, or argue any other paper, pleading, or proceeding that may be filed, issued or argued by a lawyer.
Patron - Janis

F HB1579

Salaries of substitute judges. Increases the salaries of substitute judges by $50 from $200 to $250 for a full day and from $100 to $150 for a half day.
Patron - Reese

F HB1583

Removal and appeals to circuit court; jurisdictional amount. Authorizes the circuit court, where a case is appealed or removed to a circuit court, to permit amendments to increase the amount of the claim above the jurisdictional limits for the general district court. Under current law, the circuit court holds that authority for only those cases the defendant appeals to circuit court.
Patron - Reese

F HB1702

General district court; medical records. Provides that if a personal injury case is removed from general district court to circuit court and the claim does not exceed $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. This bill has been incorporated into HB 2209.
Patron - Kilgore

F HB2058

Termination of parental rights; evidence. Provides that no court (i) conducting a hearing on termination of parental rights, (ii) entering an order terminating parental rights, or (iii) reviewing an order terminating parental rights shall consider any evidence based on events occurring after the date of the permanency planning hearing.
Patron - Byron

F HB2076

Protective orders; temporary possession of motor vehicle. Authorizes the court to grant temporary possession of a motor vehicle to a petitioner for a protective order until the parties agree to a division of property or the court enters an equitable distribution order. In no event may the period of temporary possession last more than two years from the date of the protective order.
Patron - Plum

F HB2103

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, the person taking the child into custody shall advise the child whether he is at liberty to terminate the interrogation and leave. If the child does not leave, the person taking the child into custody shall (i) 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 unless such person is a suspect in the same criminal offense for which the child is in custody; (ii) notify such counsel or parent, guardian, legal custodian, or other person standing in loco parentis unless such person is a suspect in the same criminal offense for which the child is in custody; and (iii) not interrogate the child until reasonable efforts are made to notify such parent, guardian, legal custodian, or other person standing in loco parentis and such parent, guardian, legal custodian, or other person standing in loco parentis is given an opportunity to be present unless such person is a suspect in the same criminal offense for which the child is in custody. It shall be sufficient evidence of the fact that "reasonable efforts" were made to notify such person if the person taking the juvenile into custody by affidavit certifies that the identity and location of such person is not reasonably ascertainable.
Patron - McQuigg

F HB2149

Youth court program. Allows the use of a youth court program when informal action is taken on a complaint alleging a child is in need of services, in need of supervision or delinquent. A youth court program is an established youth program that is approved by the court and monitored by adults. It uses juvenile volunteers as lawyers, jurors, and other court personnel and adult volunteers as judges for peer trials and the imposition of sentences which emphasize restitution, rehabilitation, accountability, competency building and education, but not incarceration. The program charges a nonrefundable fee to be paid directly to the program.
Patron - Amundson

F HB2246

Guardian ad litem representing juvenile; duties. Specifies the duties a guardian ad litem for a juvenile may be required to undertake to ensure complete and proper representation.
Patron - Bell

F HB2409

Juvenile detention; appointment of attorney. Repeals House Bill 600 enacted during the 2004 Session of the General Assembly and scheduled to become effective July 1, 2005, that required the appointment of an attorney for a child prior to an initial detention hearing unless an attorney had been retained and appeared on behalf of the child; and provided for payment for such court-appointed attorney. The 2004 bill also required that the child's attorney be notified of the detention hearing and any rehearing and specified that the attorney be given the opportunity to be heard at the detention hearing. The 2004 bill also added 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 provided that, if it is determined that the child is not indigent, the parents must pay the costs of the attorney and that 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. This bill has been incorporated into HB 2670.
Patron - McDougle

F HB2634

Dispositions for delinquent juveniles; penalty. 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 committed 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 - Shannon

F HB2644

Juvenile and domestic relations district courts; definitions. Eliminates from the definition of "family or household member" language that includes certain in-laws who reside within the same home and replaces that language with "relatives, whether by blood or marriage," who reside within the same home. This definition is also used in sections that: prohibit recruitment of gang members by threats or force; criminalize assault and battery against a family member; criminalize stalking; allow an arrest without a warrant in certain instances when there is an assault and battery against a family member; authorize a court to exclude family members from a dwelling when a order is pending for divorce; and in the unfair insurance trade practices provisions.
Patron - Hurt

F HB2651

Juvenile court petitions. Provides that matters involving custody and visitation of a child may be commenced with the filing of a single petition where all parties are the same.
Patron - Hurt

F SB725

Mental health courts; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to establish, by January 1, 2006, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
Patron - Edwards

F SB826

Fixed misdemeanor and fixed felony fees. Increases the felony and misdemeanor fixed fees by $3. The increase will go to the Virginia Crime Victim-Witness Fund, which is a nonreverting fund administered by the Department of Criminal Justice Services to support victim and witness programs.
Patron - Mims

F SB927

Destruction of court records. Allows the district court clerk to destroy court records after electronic imaging.
Patron - Blevins

F SB1067

Dispositions for delinquent juveniles; penalty. 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 liberty of the juvenile constitutes a clear and substantial threat to the life or health of the juvenile or others and the juvenile was previously found delinquent based on an offense that would be a Class 1 misdemeanor if committed by an adult. 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 SB1329

Abused and neglected children; removal orders. Changes the standard of proof from preponderance to clear and convincing for a preliminary removal order or continuance of an existing order for an abused or neglected child. The bill creates a rebuttable presumption that the child should be placed with a relative or other interested person, including grandparents, pending a dispositional hearing and requires the court to consider whether such person is in a position to alleviate disruption in the child's life.
Patron - Cuccinelli

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Courts not of Record

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