General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Courts Not of Record


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Courts Not of Record

Passed

P HB105

Appointment of designees by chairmen of Courts of Justice Committees. Allows the chairmen of the Courts of Justice committees to designate another member of the committee to sit in their stead on certain commissions, etc.
Patron - Albo

P HB282

Parentage proceedings; jurisdiction. Provides that circuit courts and juvenile and domestic relations district courts have concurrent original jurisdiction over proceedings to determine parentage only when the parentage of a child is at issue in any matter otherwise before the circuit court. In all other cases, the juvenile and domestic relations district court has exclusive original jurisdiction over parentage proceedings. As introduced, this bill was a recommendation of the Committee on District Courts and the Judicial Council. This bill is identical to SB 46.
Patron - Toscano

P HB400

Parental admission of minors for inpatient treatment; minors incapable of making an informed decision. Provides that minors 14 years of age or older who are incapable of making an informed decision may be admitted to inpatient treatment upon the application of a parent. The bill also defines the term "incapable of making an informed decision." This bill is identical to SB 67.
Patron - Hamilton

P HB402

Involuntary commitment petition; minors; withdrawal. Provides that a petition for the involuntary commitment of a minor shall be served upon the minor and the minor's parents unless the petition has been withdrawn or dismissed. Current law only provides that such petition need not be served if the petition has been dismissed. This bill is identical to SB 68.
Patron - Hamilton

P HB527

Retention of juvenile fingerprints; deferred disposition. Requires that fingerprints of a juvenile whose criminal charges are deferred and dismissed for an offense that would be a felony if committed by an adult, be sent to and retained by the Central Criminal Records Exchange. Currently such fingerprints are retained only upon a finding of delinquency or guilt.
Patron - Pogge

P HB582

Psychiatric inpatient treatment of minors; timing of petition and hearing. Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the issuance of the temporary detention order or the filing of the petition for such hearing, whichever occurs later. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission. This bill is identical to SB 276.
Patron - Marsden

P HB753

Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, the district court must forthwith, but no later than the end of the business day on which the order was issued, enter and transfer identifying information to the Virginia Criminal Information Network (VCIN) system. If the order is issued by the circuit court, the primary law-enforcement agency to whom the order was forwarded by the clerk of the court must enter the name of the person subject to the order and other appropriate information into VCIN. Upon entry of the order, a copy of the order and an addendum containing identifying information must be forwarded forthwith to the primary law-enforcement agency responsible for service. Upon effecting service, the agency must enter the date and time of service into VCIN. If an entering agency determines that any identifying information is incorrect, it must enter the corrected information into VCIN. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires, with some exceptions, that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report." This bill incorporates HB 974. This bill is identical to SB 540.
Patron - Peace

P HB1254

Juvenile crime; reports. Provides that a juvenile intake officer must report to the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security a juvenile who has been detained in a secure facility based on an allegation that he committed a violent juvenile felony, if the intake officer has probable cause to believe that the juvenile is in the U.S. illegally.
Patron - Marsden

P HB1258

Expungement of juvenile records. Requires that when a clerk destroys records pursuant to a juvenile record expungement, he shall destroy all records, including electronic records.
Patron - Marsden

P HB1489

Foster care plan. Eliminates the requirement that a foster care plan for a child placed out of his home be filed by a public agency, other than a local board of social services, designated by a community policy and management team. Currently, such agencies must file a foster care plan when placing a child through an agreement with the child's parents or guardians where legal custody remains with the parents or guardians.
Patron - Fralin

P HB1542

Local salary supplements for district court employees. Removes the restriction on local salary supplements paid to local district court employees. This bill is identical to SB 112.
Patron - Janis

P SB46

Parentage proceedings; jurisdiction. Provides that circuit courts and juvenile and domestic relations district courts have concurrent original jurisdiction over proceedings to determine parentage only when the parentage of a child is at issue in any matter otherwise before the circuit court. In all other cases, the juvenile and domestic relations district court has exclusive original jurisdiction over parentage proceedings. As introduced, this bill was a recommendation of the Committee on District Courts and the Judicial Council. This bill is identical to HB 282.
Patron - Puller

P SB67

Parental admission of minors for inpatient treatment; minors incapable of making an informed decision. Provides that minors 14 years of age or older who are incapable of making an informed decision may be admitted to inpatient treatment upon the application of a parent. The bill also defines the term "incapable of making an informed decision." This bill is identical to HB 400.
Patron - Howell

P SB68

Involuntary commitment petition; minors; withdrawal. Provides that a petition for the involuntary commitment of a minor shall be served upon the minor and the minor's parents unless the petition has been withdrawn or dismissed. Current law only provides that such petition need not be served if the petition has been dismissed. This bill is identical to HB 402.
Patron - Howell

P SB112

Local salary supplements for district court employees. Removes the restriction on local salary supplements paid to local district court employees. This bill is identical to HB 1542.
Patron - McDougle

P SB173

Domestic violence; retention of records. Provides that records in cases involving misdemeanor convictions for (i) assault and battery against a family or household member, or (ii) violating a protective order shall be retained for 20 years. A third conviction for these crimes within 20 years is a felony, however, currently, such records are only required to be retained for 10 years.
Patron - Blevins

P SB247

Commitment of minors; appointment of counsel and guardians ad litem. Provides that a court shall appoint a guardian ad litem and counsel for a minor for involuntary commitment hearings and proceedings for the judicial approval of the admission for inpatient treatment of a minor 14 years of age or older over his objections.
Patron - Howell

P SB276

Psychiatric inpatient treatment of minors; timing of petition and hearing. Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the issuance of the temporary detention order or the filing of the petition for such hearing, whichever occurs later. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission. This bill incorporates SB 245. This bill is identical to HB 582.
Patron - Cuccinelli

P SB540

Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, the district court shall forthwith, but no later than the end of the business day on which the order was issued, enter and transfer identifying information to the Virginia Criminal Information Network (VCIN) system. If the order is issued by the circuit court, the primary law-enforcement agency to whom the order was forwarded by the clerk of the court shall enter the name of the person subject to the order and other appropriate information into VCIN. A copy of such order and an addendum containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. Upon effecting service, the agency shall enter the date and time of service into VCIN. The bill also provides that if any agency determines that any identifying information is incorrect, it shall enter the corrected information into VCIN. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report." This bill is identical to HB 753.
Patron - Obenshain

P SB566

Withdrawal of appeals from district courts; civil proceedings. Establishes procedures for parties who appeal decisions from district courts in civil actions to withdraw such appeals. Currently there are only procedures for the withdrawal of appeals from district courts in certain criminal cases. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
Patron - Obenshain

Failed

F HB95

Deferral of proceedings for traffic infractions. Provides that persons who have not (i) previously been convicted of any traffic offense, including any traffic infraction; (ii) previously been referred to a traffic school or driver improvement clinic in lieu of a conviction; or (iii) previously had proceedings against them for a traffic infraction dismissed pursuant to this section, may be placed on probation instead of being adjudicated guilty of a traffic infraction. Probation is conditioned on the person not being found guilty of another traffic offense that was committed within six months of the deferment. If this condition is fulfilled, the proceedings against the person shall be dismissed.
Patron - Purkey

F HB274

Termination of parental rights; appeal. Allows a person whose parental rights have been terminated by a ruling of the juvenile and domestic relations district court to appeal the matter directly to the court of appeals as opposed to appealing the matter to the circuit court.
Patron - Toscano

F HB493

Protective order information sent to VCIN. Requires that, when a court exercises its discretion and transfers information surrounding a protective order to VCIN, the information shall be complete and accurate and as required by the State Police.
Patron - Cosgrove

F HB573

Supervised visitation. States that any time supervised visitation is ordered, it shall be done in compliance with the following definition of supervised visitation:

"Supervised visitation" means contact between a parent and a child that occurs in the immediate presence of a supervising person approved by the court and under conditions designed to prevent any physical, emotional, or sexual abuse, threats, intimidation, abduction, or humiliation of either the child or the child's custodial parent or guardian. The supervising person shall not be any family or household member as that term is defined in clauses (i), (ii), (iv), (v), and (vi) under the definition of "family or household member" in § 16.1-228, nor in anyway financially affiliated with the parent subject to the supervised visitation. However, if the court orders supervised visitation pursuant to a finding that a child was or is being abused or neglected pursuant to subdivision 4 under the "abused and neglected" definition in § 16.1-228, the supervising person shall not be a family or household member as that term is defined in its entirety in § 16.1-228.
Patron - Watts

F HB591

Advisement of right to counsel; determination of indigency; probation officers. Removes probation officers and other court services staff from the list of persons who are permitted to advise a child of his right to counsel in cases in which the child is alleged to be in need of services, in need of supervision, or delinquent and from the list of persons who are permitted to advise a parent or guardian of his right to counsel in cases in which a child is alleged to be abused or neglected or at risk of abuse or neglect or in which a parent could be subjected to the loss of residual parental rights. The bill also provides that probation officers and other court services staff are not responsible for determining whether or not parties who request court-appointed counsel are indigent.
Patron - Marsden

F HB606

Recording of interrogations of juveniles. Requires that statements made by a juvenile criminal defendant accused of committing a violent juvenile felony are to be electronically recorded and that failure to record such statements shall be a factor to be considered by the court re admissibility.
Patron - Eisenberg

F HB750

Termination of parental rights; juvenile court as court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.
Patron - Toscano

F HB814

Information in protective orders. Provides that protective orders of all types shall include information on whether or not the respondent possesses a firearm.
Patron - Ward

F HB817

Number of district court judges. Increases by one the number of general district court judges in the following districts: 2nd (Virginia Beach); 11th (Petersburg, Dinwiddie, Nottoway, Amelia, Powhatan); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); and 26th (Harrisonburg, Winchester, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren); and increases by one the number of juvenile and domestic relations district court judges in the following districts: 1st (Chesapeake); 11th (Petersburg, Dinwiddie, Nottoway, Amelia, Powhatan); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); 16th (Charlottesville, Madison, Greene, Albemarle, Fluvanna, Goochland, Louisa, Orange, Culpeper); 28th (Bristol, Smyth, Washington); and 29th (Tazewell, Buchanan, Russell, Dickenson). This bill is a recommendation of the Committee on District Courts.
Patron - Albo

F HB968

Withdrawal of appeals from district courts; civil proceedings. Establishes procedures for parties who appeal decisions from district courts in civil actions to withdraw such appeals. Currently there are only procedures for the withdrawal of appeals from district courts in certain criminal cases. This bill is a recommendation of the Committee on District Courts and the Judicial Council.
Patron - Shannon

F HB970

Protective orders; probation violation. Provides that courts may, whenever a permanent protective order is issued, place the subject of the protective order on active probation making the violation of the protective order a probation violation.
Patron - Shannon

F HB974

Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report." This bill has been incorporated into HB 753.
Patron - Shannon

F HB1255

Venue; transfer of jurisdiction of a juvenile. Provides that a child released to a legal residence in a court services unit jurisdiction other than the committing jurisdiction shall be the responsibility of the court services unit in the jurisdiction of the legal residence.
Patron - Marsden

F HB1327

Custody and visitation; ex parte orders. Limits when an ex parte order establishing or modifying custody or visitation to situations where the child would be (i) subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result, or (ii) in cases to establish custody or visitation, removed from the court's jurisdiction to the child's immediate detriment. The party applying for an ex parte order must show that he has made a good faith attempt to give notice to the other party or that giving such notice would compound the threat to the child. If an ex parte order is entered, a preliminary hearing must be held within five business days where the party applying for the ex parte order must present his application de novo.
Patron - Peace

F HB1381

Closely held corporations; pro se representation. Allows a closely held corporation to be represented by an officer or an employee pro se before the general district courts if the amount in controversy is $4,500 or less.
Patron - Janis

F HB1519

Juveniles; ages 11 through 13; released to detention home. Provides that a juvenile between the ages of 11 and 13 who would ordinarily be punished for certain offenses in a correctional facility, may be released to a detention home or other juvenile facility if the operator of such facility notifies the court that they are capable and willing to accept juveniles between those ages.
Patron - Marsden

F HB1568

Transfer of juveniles to circuit court; appeal. Clarifies that when a decision to transfer a juvenile from a court not of record to a court of record is made, the court shall consider after-discovered evidence on the issue of transfer, that was not discovered, introduced, and considered during the initial transfer hearing.
Patron - Morrissey

F SB100

Protective orders; custody and visitation; access to child. Requires a court, when entering an order on behalf of another petitioner, to independently determine whether such order should prohibit contacts between a child and the person subject to a protective order, who is the parent or other custodian of the child. The court shall determine whether prohibiting such contacts in the protective order is necessary to protect the health and safety of the child and that there are no less drastic alternatives available. If the court determines that such contacts should not be prohibited, the court shall include in the protective order how such contacts will be maintained without violating the terms of the order.
Patron - Cuccinelli

F SB245

Psychiatric inpatient treatment of minors; timing of petition and hearing. Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the filing of the petition for such hearing. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission. This bill has been incorporated into SB 276.
Patron - Howell

F SB337

Recording courtroom proceedings. Provides that proceedings in general and juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices. The bill also provides that the proceedings in misdemeanor cases may be recorded in the same manner. The bill also imposes a fee of $50 upon any party who uses mechanical or electronic devices provided by the court to make a verbatim recording of the evidence and incidents of a trial or proceeding in both circuit and district courts. The fee shall be retained locally and paid into a special fund for the purpose of repairing, replacing, or supplementing such devices or to pay for the purchase price of such devices or for renovations to the courtroom necessary for the use of such devices.
Patron - Cuccinelli

F SB518

Custody and visitation; ex parte orders. Limits when an ex parte order establishing or modifying custody or visitation to situations where the child would be (i) subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result, or (ii) in cases to establish custody or visitation, removed from the court's jurisdiction to the child's immediate detriment. The party applying for an ex parte order must show that he has made a good faith attempt to give notice to the other party or that giving such notice would compound the threat to the child. If an ex parte order is entered, a preliminary hearing must be held within five business days where the party applying for the ex parte order must present his application de novo.
Patron - Quayle

F SB564

Appeal bonds; support cases. Provides that a party may elect to appeal only the portions of a juvenile and domestic relations district court judgment (i) establishing or modifying support, or (ii) convicting him or holding him in contempt for failure to support, without appealing any portion of the judgment establishing a support arrearage. If such an election is made, the portion of the judgment establishing an arrearage remains in full force and effect and is not subject to appeal. The bill also clarifies that only parties who appeal the portion of a judgment establishing a support arrearage, either alone or in conjunction with an appeal of a support order, have to post an appeal bond. This bill is a recommendation of the Boyd-Graves Conference.
Patron - Obenshain

Carried Over

C HB323

Prepayable traffic infractions; payment of costs. Eliminates the payment of costs where the fine for an offense or infraction is prepaid.
Patron - Saxman

C HB1252

Court ordered investigations; child custody. Clarifies that child custody investigations shall only be conducted by local department of social services.
Patron - Marsden

C HB1321

Foster care plan for children 16 years of age or older; opt out option. Clarifies that a foster care plan can provide, for children 16 years and older, no substitute parental supervision and allows for, under the same plan, educational or vocational training to help the child transition out of the foster care system. Also delineates the procedure by which any person 18 to 21 years of age who is in the independent living system may choose to opt out of the independent living system and the procedure for disqualification from independent living system.
Patron - Toscano

C HB1426

Recording courtroom proceedings; juvenile and domestic relations district court. Provides that proceedings in juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices.
Patron - Griffith

C HB1518

Emergency protective orders; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to allow magistrates in Accomack County not to use emergency custody orders but to instead use preliminary protective orders.
Patron - Marsden

C HB1550

Service of process. Provides that if a plaintiff requesting the reissuance of service of process on a defendant where service was not had, the plaintiff must pay the requisite fee for each subsequent reissuance of process requested after two attempts have been made. Currently, the law provides that process may be reissued once if service is not had after the initial request and that no fee is charged for this reissuance, but it is silent on subsequent requests for reissuances. The bill also eliminates the exception that requests for reissuance of a notice of motion for judgment are not governed by the reissuance provision. The bill further clarifies that in civil actions in the general district courts, service of process is considered timely if (i) it is made within 12 months of the commencement of an action, or (ii) if made more than 12 months after an action is commenced, the court finds that the plaintiff exercised due diligence to have timely service made on the defendant.
Patron - Peace

C SB179

Number of district court judges. Increases by one the number of general district court judges in the following districts: 2nd (Virginia Beach); 11th (Petersburg, Dinwiddie, Nottoway, Amelia, Powhatan); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); and 26th (Harrisonburg, Winchester, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren); and increases by one the number of juvenile and domestic relations district court judges in the following districts: 1st (Chesapeake); 11th (Petersburg, Dinwiddie, Nottoway, Amelia, Powhatan); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); 16th (Charlottesville, Madison, Greene, Albemarle, Fluvanna, Goochland, Louisa, Orange, Culpeper); 28th (Bristol, Smyth, Washington); and 29th (Tazewell, Buchanan, Russell, Dickenson). This bill is a recommendation of the Committee on District Courts.
Patron - Marsh

C SB394

Termination of parental rights; juvenile court as court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.
Patron - Edwards

C SB492

Real ID; alternative verification system. Requires the Department of Health's Office of Vital Records, along with the Department of Motor Vehicles and other appropriate state and local agencies, to develop and implement a plan to provide Virginia resident verification, as an alternative to the requirements of the federal Real ID Act of 2005. The measure specifies that Virginia shall not comply with the unfunded mandates of the Real ID Act.
Patron - Hanger

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