Courts Not Of Record

State (Virginia)
Virginia 2022 Regular Session

Appeals bond; removes requirement for indigent parties to post, appeal of unlawful detainer. [HB-614] [Housing ] [Poverty ] [Law Enforcement ] [Public Safety ]
Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.

  

Sponsored by: Sen. Lamont Bagby Governor: Vetoed By Governor on 05/27/2022

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State (Virginia)
Virginia 2022 Regular Session

Admission to bail; rebuttable presumptions against bail. [HB-811] [Crime ] [Immigration ] [Criminal Justice ] [Public Safety ]
Admission to bail; rebuttable presumptions against bail. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill and for persons identified as being illegally present in the United States by U.S. Immigration and Customs Enforcement who are charged with certain offenses. The bill also provides that a magistrate, clerk, or deputy clerk of a district court or circuit court shall not admit to bail, that is not set by a judge, any person who is charged with an offense giving rise to a rebuttable presumption (continued...)

  

Sponsored by: Rep. Wren Williams Left In Courts Of Justice on 02/15/2022

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State (Virginia)
Virginia 2022 Regular Session

Juvenile law-enforcement records; inspection of records. [HB-731] [Crime ] [Children and Youth ] [Criminal Justice ] [Law Enforcement ] [Public Safety ]
Juvenile law-enforcement records; inspection. Provides that a juvenile, the parent, guardian, or other custodian of the juvenile, and counsel for the juvenile may inspect a law-enforcement record concerning such juvenile if (i) no other law or rule of the Supreme Court of Virginia requires or allows withholding of the record; (ii) the parent, guardian, or other custodian requesting the record is not a suspect, offender, or person of interest in the record; and (iii) any identifying information of any other involved juveniles is redacted.

  

Sponsored by: Rep. Jeion Ward Governor: Acts Of Assembly Chapter Text (chap0455) on 04/11/2022

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State (Virginia)
Virginia 2022 Regular Session

Controlled substances; reduces penalties for possession. [HB-612] [Cannabis ] [Crime ] [Criminal Justice ] [Pharmaceuticals ] [Public Safety ] [Overdose Prevention ] [Law Enforcement ]
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance committed on or after July 1, 2022, from the definition of barrier crime related to criminal history checks for eligibility (continued...)

  

Sponsored by: Rep. Sally Hudson Left In Courts Of Justice on 02/15/2022

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State (Virginia)
Virginia 2022 Regular Session

Statute of limitations; collection of medical debt. [HB-573] [Healthcare ] [Consumer Protection ] [Public Health ]
Statute of limitations; contracts for health care services. Provides that the statute of limitations for an action on any contract, written or unwritten, for health care services, including actions brought by the Commonwealth, is three years. The bill further provides that the accrual date for actions on such a contract is 30 days after the later of (i) issuance of the initial invoice or the due date stated in such invoice to the patient or person legally responsible for payment or (ii) if the patient voluntarily enters into a payment plan with (continued...)

  

Sponsored by: Rep. L. Kaye Kory Vote: (48-y 52-n) on 04/28/2022

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State (Virginia)
Virginia 2022 Regular Session

General district courts; filing an order of disposition from a criminal case. [HB-536] [Crime ] [Criminal Justice ] [Public Safety ]
Filing an order of disposition from a criminal case in general district courts. Provides that any adult criminal disposition for a misdemeanor or felony in a juvenile and domestic relations district court may be submitted to the general district court of the same territorial jurisdiction to be filed as a general district court record upon a petition filed by the victim of the offense and with the consent of the juvenile and domestic relations district court.

  

Sponsored by: Rep. Kelly Convirs-Fowler Stricken From Docket By Courts Of Justice (20-y 0-n) on 02/07/2022

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State (Virginia)
Virginia 2022 Regular Session

Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term. [SB-252] [Crime ] [Criminal Justice ] [Public Safety ]
Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses; report. Except for aggravated murder of a law-enforcement officer, eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement and to report its (continued...)

  

Sponsored by: Sen. John Edwards Incorporated By Judiciary on 01/17/2022

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State (Virginia)
Virginia 2022 Regular Session

Custodial interrogation of a child; advisement of rights. [HB-622] [Crime ] [Children and Youth ] [Criminal Justice ] [Public Safety ]
Custodial interrogation of a child; advisement of rights. Requires that prior to any custodial interrogation of a child by a law-enforcement officer, the child and, if no attorney is present and if no exception to the requirement that the child's parent, guardian, or legal custodian be notified applies, the child's parent, guardian, or legal custodian shall be advised that (i) the child has a right to remain silent; (ii) any statement the child makes can and may be used against the child; (iii) the child has a right to an attorney and that one will (continued...)

  

Sponsored by: Rep. Sally Hudson Continued To 2023 In Courts Of Justice By Voice Vote on 01/28/2022

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State (Virginia)
Virginia 2022 Regular Session

Juveniles; appointment of counsel, indigency. [HB-658] [Children and Youth ] [Criminal Justice ] [Law Enforcement ] [Crime ]
Juveniles; appointment of counsel; indigency. Removes provisions stating that when the court appoints counsel to represent a child in a detention hearing or in a case involving a child who is alleged to be in need of services, in need of supervision, or delinquent and, after an investigation by the court services unit, finds that the parents are financially able to pay for such attorney in whole or in part and refuse to do so, the court shall assess costs against the parents for such legal services in the amount awarded the attorney by the court, (continued...)

  

Sponsored by: Rep. Patrick Hope Left In Courts Of Justice on 02/15/2022

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State (Virginia)
Virginia 2022 Regular Session

Virginia Sexual and Domestic Violence Victim Fund; purpose, fee apportionment. [SB-299] [Crime ] [Healthcare ] [Funding ] [Grants ] [Public Safety ] [Criminal Justice ] [Public Health ] [Human Services ] [Children and Youth ]
Virginia Sexual and Domestic Violence Victim Fund; purpose; fee apportionment. Provides that the Department of Criminal Justice Services shall adopt guidelines to make funds from the Virginia Sexual and Domestic Violence Victim Fund, which is used to support the prosecution of domestic violence cases and victim services, available to sexual assault service providers and hospitals for the purpose of funding the cost of salaries and equipment for sexual assault forensic examiners, sexual assault nurse examiners, and pediatric forensic nurses, with (continued...)

  

Sponsored by: Sen. Jennifer McClellan Continued To 2023 In Finance And Appropriations (15-y 1-n) on 02/02/2022

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State (Virginia)
Virginia 2022 Regular Session

Protective orders; human trafficking and sex trafficking, penalty. [HB-475] [Crime ] [Human Rights ] [Human Services ] [Children and Youth ] [Criminal Justice ] [Public Safety ]
Protective orders; petition; human trafficking and sex trafficking; penalty. Adds to the definitions of "family abuse" and "act of violence, force, or threat" used in the protective order provisions that acts of violence, force, or threat include acts in furtherance of human trafficking or commercial sex trafficking. The bill also allows a minor to petition for a protective order on his own behalf without the consent of a parent or guardian and without doing so by next friend.

  

Sponsored by: Rep. Kathleen Murphy Left In Courts Of Justice on 02/15/2022

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State (Virginia)
Virginia 2022 Regular Session

Termination of parental rights of person who committed sexual assault; evidence standard. [HB-359] [Family-Related Legislation ] [Crime ] [Children and Youth ] [Criminal Justice ] [Law Enforcement ]
Termination of parental rights of person who committed sexual assault; clear and convincing evidence standard. Provides that the parental rights of a person who has been found by a clear and convincing evidence standard to have committed rape, carnal knowledge, or incest, which act resulted in the conception of a child, may be terminated without the need for the person to have been charged with or convicted of such offense. The bill further provides that the consent of a person found to have committed such an offense is not necessary for the validity (continued...)

  

Sponsored by: Rep. Vivian Watts Continued To 2023 In Courts Of Justice By Voice Vote on 02/11/2022

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State (Virginia)
Virginia 2022 Regular Session

Juvenile boot camps; eliminates authority of the Department of Juvenile Justice to establish. [HB-228] [Crime ] [Children and Youth ] [Criminal Justice ] [Public Safety ] [Law Enforcement ]
Department of Juvenile Justice; juvenile boot Department of Juvenile Justice; juvenile boot camps. Eliminates the authority of the Department of Juvenile Justice to establish juvenile boot camps and the ability of a court to order a juvenile adjudicated delinquent to attend such a boot camp.

  

Sponsored by: Rep. Marcus Simon Governor: Acts Of Assembly Chapter Text (chap0414) on 04/11/2022

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State (Virginia)
Virginia 2022 Regular Session

Abortion; right to informed consent. [HB-212] [Reproductive Rights / Abortion ] [Healthcare ] [Public Health ]
Provision of abortion; right to informed consent. Requires physicians and authorized nurse practitioners to follow certain procedures and processes to effect a pregnant woman's informed written consent prior to the performance of an abortion. Provision of abortion; right to informed consent. Requires physicians and authorized nurse practitioners to follow certain procedures and processes to effect a pregnant woman's informed written consent prior to the performance of an abortion.

  

Sponsored by: Rep. Robert Orrock Passed By Indefinitely In Education And Health (10-y 5-n) on 03/03/2022

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State (Virginia)
Virginia 2022 Regular Session

Emergency custody and temporary detention orders; transportation of minor, acceptance of custody. [HB-159] [Law Enforcement ] [Mental Health ] [Public Safety ] [Transportation and Motor Vehicles ] [Healthcare ] [Children and Youth ] [Criminal Justice ]
Emergency custody and temporary detention orders; custody. Requires a facility or location to which a minor or adult who is subject to an emergency custody or temporary detention order is transported to accept custody of the minor or adult upon completion of transportation and arrival of the minor or adult at the facility and specifies that the primary law-enforcement agency shall provide transportation of a person who is involved in the involuntary commitment process, rather than a sheriff, as provided under current law. Emergency custody and (continued...)

  

Sponsored by: Rep. Kathy Byron Left In Courts Of Justice on 02/15/2022

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State (Virginia)
Virginia 2022 Regular Session

Emergency custody and temporary detention; governing transportation & custody of minors and adults. [HB-163] [Mental Health ] [Law Enforcement ] [Public Safety ] [Healthcare ] [Children and Youth ] [Criminal Justice ]
Emergency custody and temporary detention; transportation and custody. Amends numerous sections governing emergency custody and temporary detention of minors and adults to clarify duties of law-enforcement agencies and mental health facilities with regard to custody. The bill requires facilities to take custody of a minor or person who is the subject of an emergency custody order or temporary detention order immediately upon completion of transportation and arrival of the minor or person at the facility; specifies that if a facility does not take (continued...)

  

Sponsored by: Rep. C. Matthew Fariss Left In Appropriations on 02/15/2022

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State (Virginia)
Virginia 2022 Regular Session

Juvenile law-enforcement records; inspection of records. [SB-149] [Crime ] [Children and Youth ] [Criminal Justice ] [Law Enforcement ] [Public Safety ]
Juvenile law-enforcement records; inspection. Provides that a juvenile, the parent, guardian, or other custodian of the juvenile, and counsel for the juvenile may inspect a law-enforcement record concerning such juvenile if (i) no other law or rule of the Supreme Court of Virginia requires or allows withholding of the record; (ii) the parent, guardian, or other custodian requesting the record is not a suspect, offender, or person of interest in the record; and (iii) any identifying information of any other involved juveniles is redacted.

  

Sponsored by: Sen. Taylor Mason Governor: Acts Of Assembly Chapter Text (chap0456) on 04/11/2022

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State (Virginia)
Virginia 2022 Regular Session

Juvenile and domestic relations district courts; raises maximum age for delinquency matters. [SB-134] [Children and Youth ] [Criminal Justice ] [Law Enforcement ] [Funding ] [Budget and Spending ] [Mental Health ] [Public Safety ] [Healthcare ] [Family-Related Legislation ] [Crime ]
Juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but less than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings (continued...)

  

Sponsored by: Sen. John Edwards Left In Courts Of Justice on 03/08/2022

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State (Virginia)
Virginia 2022 Regular Session

Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term. [SB-104] [Crime ] [Criminal Justice ] [Public Safety ]
Elimination of mandatory minimum sentences; modification Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses; report. Except for aggravated murder of a law-enforcement officer, eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by (continued...)

  

Sponsored by: Sen. John Edwards Defeated By Senate (17-y 23-n) on 02/14/2022

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State (Virginia)
Virginia 2022 Regular Session

Retired circuit and district court judges under recall; evaluation. [SB-106] [Law Enforcement ] [Criminal Justice ] [Public Safety ] [Retirement ] [Pensions ]
Retired circuit and district court judges under recall; evaluation; qualification by the Senate Committee on the Judiciary and the House Committee for Courts of Justice. Requires that retired district court judges sitting as substitutes be found qualified every three years by the Senate Committee on the Judiciary and House Committee for Courts of Justice instead of authorized by the Chief Justice of the Supreme Court of Virginia. The bill also requires the Office of the Executive Secretary of the Supreme Court of Virginia to prepare and distribute (continued...)

  

Sponsored by: Sen. Scott Surovell Governor: Acts Of Assembly Chapter Text (chap0532) on 04/11/2022

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