General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Courts Not of Record


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Courts Not of Record

Passed

P HB62

Number of district court judges. Increases the number of general district court judges by one in each of the following districts: 19th (Fairfax and Fairfax County); 20th (Loudoun, Rappahannock, Fauquier); and 27th (Galax, Radford, Pulaski, Wythe, Carroll, Montgomery, Floyd, Giles, Bland, and Grayson). The bill also increases the number of juvenile court judges by one in each of the following districts: 7th (Newport News); 14th (Henrico); 19th (Fairfax and Fairfax County); and 26th (Harrisonburg, Winchester, Frederick, Clarke, Warren, Shenandoah, Page, and Rockingham). This bill is a recommendation of the Committee on District Courts. This bill is identical to SB 391.
Patron - Albo

P HB126

Juvenile detention hearings. Provides that if the juvenile and domestic relations district court does not sit within the county or city where the charge is pending on the day following the day the child is taken into custody and there is no ability to hold the hearing electronically the judge may conduct the hearing in another county or city. The bill also states that the attorney for the Commonwealth, the attorney for the child and the parents may appear electronically. The introduced bill was a recommendation of the Committee on District Courts.
Patron - Kilgore

P HB368

Hearing for involuntary commitment of a minor; admissibility of state recommendations. States that state mental health facility recommendations are admissible during an involuntary commitment hearing of a minor. The bill also amends the current law by stating that the minor's hearing is to be scheduled by the juvenile and domestic relations district court where the minor is located, as opposed to where the minor resides.
Patron - Carrico

P HB692

Juvenile confidentiality; gang exception. Provides that where the consideration of public safety requires, gang-related information pertaining to others, obtained from an investigation or supervision of a juvenile affiliated with a criminal street gang can be released by the Department of Juvenile Justice or a court service unit to a law-enforcement agency investigating criminal street gang activity. This bill is identical to SB 129.
Patron - Marsden

P HB812

Requirements for appeal; appeal bond. Removes the requirement that a plaintiff post a bond in order to appeal a judgment in cases where the defendant has not asserted a counterclaim.
Patron - Fralin

P HB847

Gang information; juvenile records. Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth. The bill also specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. The bill also says that the court order may be granted if the person, agency, or institution has a legitimate interest in the juvenile. Under current law the interest is limited to the case or in the work of the court. In addition, the Department of Juvenile Justice will be allowed to release the social reports and records of a child to certain law enforcement employees for the purpose of investigating criminal street gang activity. This bill is identical to SB 561.
Patron - Albo

P HB903

Parent convicted of certain crimes; custody and visitation. Provides that a child's parent or legal guardian can petition the court to enjoin an offending parent from petitioning the court for custody and visitation for up to ten years if the offending parent is convicted of sexual assault or murder of a child of the parent, a child residing with the parent or the other parent of the child, if doing so is in the best interest of the child. The court must appoint a guardian ad litem for the child.
Patron - Iaquinto

P HB1007

Filing time for child custody reports. Requires that a child custody report prepared pursuant to § 16.1-273 be furnished to all attorneys representing parties in the matter 10 days prior to the hearing instead of five days.
Patron - Hurt

P HB1017

Intake; alcohol-related offenses; juveniles. Clarifies the juvenile intake process where it is unnecessary to file a petition for the refusal to take a blood or breath test for alcohol-related offenses to make it consistent with implied consent statutes. This is a recommendation of the Committee on District Courts.
Patron - Hurt

P HB1046

Reporting certain juveniles to the Immigration and Customs Enforcement Agency. Provides that a juvenile intake officer shall report to the United States Immigration and Customs Enforcement Agency a juvenile who is the subject of a petition alleging he committed a violent juvenile felony and who the intake officer has probable cause to believe is in the United States illegally.
Patron - Reid

P HB1201

Courts not of record; jurisdiction of small claims court. Increases from $2,000 to $5,000 the ceiling of the jurisdictional amount of a small claims court.
Patron - Moran

P HB1237

Designation of district and circuit judges. Allows the Chief Justice to designate an active or retired judge to provide judicial assistance to another district or circuit if, in his opinion, the administration of justice so requires. Current law allows such designations only due to congestion in the court's work.
Patron - Melvin

P HB1325

Juveniles; administrative support order. Allows the Department of Social Services to establish the amount of the support obligation by the parents when a child is committed to the custody of the Department of Juvenile Justice, and allows the Department of Juvenile Justice to collect child support from the parents from the date it receives the child.
Patron - Caputo

P SB113

Fees collected by clerks; customary bank charges. Allows for the deduction of customary bank fees without first having to submit an invoice to the Executive Secretary's Office for payment. Entries reflecting the payment of these fees will still be entered into the Financial Management System. This is a recommendation of the Committee on District Courts.
Patron - Marsh

P SB120

Protective orders. Provides that a respondent may be ordered to restore or may be enjoined from terminating a necessary utility service to the residence that the petitioner has been granted exclusive possession of. The respondent can also be ordered to pay deposits to connect or restore necessary utility services if the respondent was required to provide alternative housing for the petitioner. The bill also allows for any other relief necessary for the protection of the petitioner and family or household members of the petitioner.
Patron - Howell

P SB129

Juvenile gang affiliations; release of information. Provides that the Department of Corrections or locally operated court service unit may release any information relating to gang-related activity, obtained from an investigation of a juvenile affiliated with a criminal street gang to any State Police, local police department, or sheriff's office. The exchange of information shall be for the purpose of an investigation into criminal street gang activity. This bill is identical to HB 692.
Patron - O'Brien

P SB298

Constitutional challenges. Provides that in any criminal or traffic case in a court not of record, if the court rules that a statute or local ordinance is unconstitutional, it shall upon motion of the Commonwealth, stay the proceedings and transmit the case to the circuit court for a determination of constitutionality. If the circuit court rules that the statute or local ordinance is unconstitutional, the Commonwealth may appeal such interlocutory order to the Court of Appeals and thereafter to the Supreme Court; however, if the circuit court rules that the statute or local ordinance is constitutional, the circuit court shall remand the case to the court not of record for trial consistent with the ruling of the circuit court. The bill also provides that a pretrial appeal may be taken by the Commonwealth in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, on the ground that a statute on which the order is based is unconstitutional.
Patron - Cuccinelli

P SB379

District court; parties not represented by counsel. Provides that parties in a civil case not represented by counsel must make written notification of an address change if they have made an appearance in the case. There is no requirement in current law that such parties shall have made an appearance. This bill is a recommendation of the Committee on District Courts.
Patron - McDougle

P SB391

Number of district court judges. Increases the number of general district court judges by one in each of the following districts: 19th (Fairfax and Fairfax County); 20th (Loudoun, Rappahannock, Fauquier); and 27th (Galax, Radford, Pulaski, Wythe, Carroll, Montgomery, Floyd, Giles, Bland, and Grayson). The bill also increases the number of juvenile court judges by one in each of the following districts: 7th (Newport News); 14th (Henrico); 19th (Fairfax and Fairfax County); and 26th (Harrisonburg, Winchester, Frederick, Clarke, Warren, Shenandoah, Page, and Rockingham). This bill is a recommendation of the Committee on District Courts. This bill is identical to HB 62.
Patron - Stolle

P SB561

Gang information; juvenile records. Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth. The bill also specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. The bill also says that the court order may be granted if the person, agency, or institution has a legitimate interest in the juvenile. Under current law the interest is limited to the case or in the work of the court. In addition, the Department of Juvenile Justice will be allowed to release the social reports and records of a child to certain law enforcement employees for the purpose of investigating criminal street gang activity. This bill is identical to HB 847 and incorporates SB 151 and SB 351.
Patron - Stolle

P SB656

Registration of new student. Requires a parent, guardian, or other person having control or charge of a child of school age to provide to a public school, upon registration of a student, information concerning certain criminal convictions or delinquency adjudications. When the registration results from foster care placement, the information shall be furnished by the local social services agency or licensed child-placing agency that made the foster care placement.
Patron - Rerras

Failed

F HB1033

Juvenile sentencing. Allows juveniles who are transferred to circuit court for trial as adults to be sentenced by a jury and specifies that the jury sentence is a recommendation and the court retains the power to sentence as a juvenile offender if the judge so chooses.
Patron - Hurt

F HB1169

Recording of interrogations of juveniles. Provides that statements made by a juvenile criminal defendant are presumed inadmissible in a court unless reliably recorded. The presumption may be overcome if the statement is otherwise reliable and was recorded out-of-state or by a federal officer.
Patron - Eisenberg

F SB149

Protective orders. Requires that prohibited acts under any protective orders be specifically described in the order and that the prohibited acts include that the respondent not be in the alleged victim's or petitioner's physical presence. The bill also provides if the expiration of a protective order occurs at a time that the court is not in session, the expiration shall be extended until 5 p.m. of the next business day that the court which issued the order is in session. This is currently the law for emergency protective orders only.
Patron - Deeds

F SB210

Mental health courts; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to establish by January 1, 2007, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
Patron - Edwards

F SB235

Domestic violence victims; personal addresses confidential. Requires the Statewide Facilitator for Victims of Domestic Violence in the Office of the Attorney General to establish a program to protect victims of domestic violence by authorizing the use of designated addresses for such victims. This bill is contingent upon appropriation of funds.
Patron - Ticer

F SB290

Psychiatric Inpatient Commitment of Minors Act; special justices. Makes it clear that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.
Patron - Cuccinelli

F SB351

Juveniles; release of information. Allows the Department of Juvenile Justice to release the social, medical, psychiatric, or psychological reports and records of a child to certain law enforcement employees for the purpose of investigating criminal street gang activity. This bill was incorporated into SB 561.
Patron - Howell

F SB672

Compulsory school attendance, truancy, and chronic tardiness. Incorporates the concept of chronic tardiness into the reporting, recordkeeping, and enforcement provisions of the compulsory school attendance law and other enforcement provisions relating to the welfare of children, including the law relating to juvenile and domestic courts and the parental responsibility law relating to public education and discipline. This bill requires the Board of Education to promulgate regulations defining "chronically tardy" to identify those children who are in violation of compulsory school attendance by reason of being habitually and without justification absent from school for a significant portion of the day because of routine and substantial late arrival to school.
Patron - Obenshain

Carried Over

C HB712

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 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.
Patron - McQuigg

C SB340

Removal to circuit court. Standardizes the removal of cases from district court to circuit court. Among other things, the bill removes term "affidavit of substantial defense" and replaces it with motions and requires a hearing on the motion to remove. The application of the simplified admission of medical records is extended to all cases removed to circuit court, not just those where the claim does not exceed the jurisdictional amount set forth in 17.1-77. This bill is a recommendation of the Boyd-Graves Conference.
Patron - Obenshain

C SB585

Kinship care services. Allows children who are placed in kinship care and their caregivers access to all foster care services.
Patron - Miller

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