Courts Not Of Record
Virginia 2023 Regular Session
Custodial interrogation of a child; statement of leniency. [HB-2066]
[Children and Youth ]
[Crime ]
[Criminal Justice ]
[Public Safety ]
Custodial interrogation of a child; statement of leniency. Creates a rebuttable presumption that any statement of leniency made by a law-enforcement officer to a child prior to or during an interrogation was not made knowingly and voluntarily. The bill defines "statement of leniency" as any statement regarding (i) the types or number of charges; (ii) the length of custody; (iii) any condition of release; (iv) contact with such child's parent, guardian, or legal custodian; or (v) any other promise, condition, fact, or factor that a court finds to
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Sponsored by: Rep. Jackie Glass
Left In Courts Of Justice on 02/07/2023
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Gettr Virginia 2023 Regular Session
Surgical & medical trtmt. of certain minors; parental consent, admission to mental health facility. [HB-2280]
[Healthcare ]
[Mental Health ]
[Children and Youth ]
[Public Health ]
Parental consent to surgical and medical treatment of certain minors; admission of minors to mental health facility for inpatient treatment. Requires written informed consent from the parent or guardian of any minor prior to any non-emergency surgical or medical treatment, mental health treatment, or immunization of a minor. The bill limits circumstances under existing law when a minor shall be deemed an adult for the purpose of consenting to certain medical or health services. The bill also allows a minor of any age to be admitted to a mental health
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Sponsored by: Rep. Dave LaRock
Left In Health, Welfare And Institutions on 02/07/2023
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Virginia 2023 Regular Session
Custodial interrogations; false statements to a child prohibited, inauthentic replica documents. [HB-2051]
[Crime ]
[Children and Youth ]
[Criminal Justice ]
[Public Safety ]
Custodial interrogations; false statements to a child prohibited; inauthentic replica documents prohibited. Prohibits law-enforcement officers from making false statements or materially misrepresenting any fact prior to or during a custodial interrogation of a child to secure the cooperation, confession, or conviction of such child. The bill also prohibits law-enforcement officers from using inauthentic replica documents during a custodial interrogation to secure a person's cooperation or confession or to secure a conviction. "Inauthentic replica
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Sponsored by: Rep. Marcia Price
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Community services boards; information to certain defendants, services provided by boards. [HB-2054]
[Mental Health ]
[Law Enforcement ]
[Public Health ]
[Criminal Justice ]
[Human Services ]
[Healthcare ]
Information to certain defendants; services of community services boards. Requires general district courts, juvenile and domestic relations district courts, and circuit courts, in cases in which a defendant is found not guilty of any offense after a trial at which evidence of the defendant's mental condition at the time of the alleged offense was introduced, to make available to the defendant information regarding services provided by the community services board and how such services may be accessed. The bill requires each community services board
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Sponsored by: Rep. Vivian Watts
Governor: Acts Of Assembly Chapter Text (chap0217) on 03/22/2023
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Virginia 2023 Regular Session
Abortion; right to informed consent, civil penalty. [HB-2270]
[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. Karen Greenhalgh
Passed By Indefinitely In Education And Health (10-y 5-n) on 02/16/2023
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Virginia 2023 Regular Session
Juvenile transfer hearing; factors to be considered. [HB-2121]
[Children and Youth ]
[Criminal Justice ]
Juvenile transfer hearing; factors to be considered. Adds the nature and extent of any prior trauma to the list of factors a juvenile and domestic relations district court shall consider when determining whether a juvenile is a proper person to remain within the jurisdiction of the juvenile court or to transfer the juvenile to circuit court for prosecution.
Sponsored by: Rep. Sally Hudson
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Higher educational institutions, public; agreement to provide aggregated, nonconfidential case data. [HB-2120]
[Education ]
[Data Privacy ]
Office of the Executive Secretary; public institutions of higher education; agreement to provide aggregated, nonconfidential case data in electronic format. Allows the Office of the Executive Secretary, at the request of a public institution of higher education, to enter into an agreement to provide aggregated, nonconfidential case data, including names and partial dates of birth of parties, in electronic format. The bill specifies that such data shall not be subject to the Virginia Freedom of Information Act.
Sponsored by: Rep. Sally Hudson
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Juvenile justice; human trafficking screening. [HB-2081]
[Human Rights ]
[Human Services ]
[Children and Youth ]
[Crime ]
[Criminal Justice ]
[Public Health ]
[Mental Health ]
Juvenile justice; human trafficking screening. Requires the Department of Juvenile Justice to use trauma-informed screening measures to identify whether any child committed to the Department has been a victim of human trafficking and determine appropriate treatment and service options. The bill also requires that, in cases in which a juvenile and domestic relations district court or circuit court orders that a juvenile within its jurisdiction be physically examined and treated by a physician or local mental health center, such examination include
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Sponsored by: Rep. Kathleen Murphy
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Criminal and traffic cases; fines and costs assessed against juveniles, report. [HB-2044]
[Crime ]
[Criminal Justice ]
[Children and Youth ]
[Race and Civil Rights ]
[Public Safety ]
Fines and costs assessed against juveniles in criminal and traffic cases; report. Gives a court discretion in determining the appropriate amount, if any, of fines and fees imposed against a juvenile for a traffic infraction or other traffic offense and eliminates the court's authority to impose a fine as an order of disposition for a juvenile delinquency. The bill also provides that after a juvenile is adjudicated to be delinquent but prior to the imposition of any penalty, the court shall determine the applicable fees and costs, including attorney
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Sponsored by: Rep. Irene Shin
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Juvenile and domestic relations district courts; notice of appeal to the circuit court. [HB-1992]
[Children and Youth ]
[Criminal Justice ]
Juvenile and domestic relations district courts; notice of appeal to the circuit court. Requires a copy of a notice of appeal from a final order or judgment of the juvenile court to be served by the appealing party upon the opposing party or each counsel of record. The bill also authorizes the court, on its own motion, to continue a hearing for or dismiss an appeal when the court makes a determination that the appealing party failed to properly serve a copy of notice of an otherwise proper appeal. Juvenile and domestic relations district courts;
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Sponsored by: Rep. Charniele Herring
Governor: Acts Of Assembly Chapter Text (chap0788) on 04/12/2023
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Virginia 2023 Regular Session
Protective orders; extensions and continuances, other monetary relief, penalty. [HB-1897]
[Crime ]
[Family-Related Legislation ]
[Public Safety ]
[Criminal Justice ]
Protective orders; extensions and continuances; penalty. Provides that if a petitioner files a written motion requesting a hearing to extend a permanent protective order, the court may issue an ex parte protective order until the extension hearing, which shall be held within 15 days of the issuance of such ex parte protective order and may be held after the expiration of the permanent protective order. If the respondent fails to appear at the extension hearing because the respondent was not personally served with such motion, a new date for the
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0620) on 03/26/2023
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Virginia 2023 Regular Session
Child abuse and neglect; custody and visitation, possession or consumption of substances. [SB-1214]
[Cannabis ]
[Family-Related Legislation ]
[Children and Youth ]
[Human Services ]
[Public Health ]
Child abuse and neglect; custody and visitation; possession or use of marijuana. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based solely on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed marijuana in accordance with applicable law. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional
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Sponsored by: Sen. Louise Lucas
Left In Courts Of Justice on 02/22/2023
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Virginia 2023 Regular Session
Minors; admission to mental health facility for inpatient treatment. [HB-1923]
[Mental Health ]
[Healthcare ]
[Children and Youth ]
[Public Health ]
Admission of minors to mental health facility for inpatient treatment. Increases from 14 years of age to 16 years of age the minimum age requiring the consent of a minor prior to his admission to a mental health facility for inpatient treatment upon the joint application of such minor and the consent of such minor's parent. The bill also increases from younger than 14 years of age to younger than 16 years of age the maximum age for admission of a minor to a mental health facility for inpatient treatment upon application and with the consent of such
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Sponsored by: Rep. Anne Ferrell Tata
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Family abuse protective orders; relief available, password to electronic device. [HB-1961]
[Family-Related Legislation ]
[Crime ]
[Cybersecurity ]
[Data Privacy ]
[Public Safety ]
[Children and Youth ]
[Criminal Justice ]
Family abuse protective orders; relief available; password to electronic device; enjoining surveillance; penalty. Provides that as a condition to be imposed by the court on the respondent, a petitioner with a protective order issued in a case that alleges family abuse and, where appropriate, any other family or household member, must be given the relevant password when being granted exclusive use and possession of a cellular telephone or other electronic device. The bill further provides that the court may enjoin the respondent from using a cellular
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Sponsored by: Rep. Michael Mullin
Governor: Acts Of Assembly Chapter Text (chap0370) on 03/23/2023
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Virginia 2023 Regular Session
Juvenile 16 years of age or older; charges requiring preliminary hearing. [HB-2017]
[Crime ]
[Criminal Justice ]
[Children and Youth ]
[Public Safety ]
Charges requiring preliminary hearing for a juvenile 16 years of age or older. Adds to the list of charges for which the juvenile court is required to conduct a preliminary hearing for juveniles 16 years of age or older a charge of entering a dwelling house, etc., with intent to commit murder, rape, robbery, or arson.
Sponsored by: Rep. Les Adams
Left In Judiciary on 02/22/2023
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Virginia 2023 Regular Session
Family or household member; definition, penalty. [HB-1899]
[Family-Related Legislation ]
[Crime ]
[Children and Youth ]
[Criminal Justice ]
[Law Enforcement ]
Family or household member; definition; penalty. Adds to the definition of family or household members, for the purposes of definitions relating to juvenile and domestic relations district courts and multiple criminal and procedural statutes, step-brothers and step-sisters of a person and any individual who is a guardian, legal custodian, or other person standing in loco parentis of a person, or is a ward or dependent of such individual, regardless of whether such individual resides in the same home with the person.
Sponsored by: Rep. Patrick Hope
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Notifications in juvenile cases; exception to confidentiality. [SB-1264]
[Children and Youth ]
[Criminal Justice ]
[Law Enforcement ]
[Public Safety ]
[Crime ]
Notifications in juvenile cases; exception to confidentiality. Provides that whenever an intake officer proceeds informally against a juvenile, the Department of Juvenile Justice or a local court service unit may disclose only such information as necessary to enforce any provision of the diversion program to any law-enforcement officer, school principal where such juvenile attends school, or known victim. The bill also provides that a local court service unit may provide information regarding the availability and ordering of a protective order and
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Sponsored by: Sen. Ryan McDougle
Governor: Acts Of Assembly Chapter Text (chap0677) on 03/26/2023
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Virginia 2023 Regular Session
Juvenile and domestic relations district courts; concurrent jurisdiction, suits for divorce. [HB-1991]
[Family-Related Legislation ]
[Children and Youth ]
[Law Enforcement ]
[Criminal Justice ]
Juvenile and domestic relations district courts; concurrent jurisdiction; suits for divorce. Specifies that, when a suit for divorce has been filed in a circuit court in which the custody, guardianship, visitation, or support of children of the parties or spousal support is raised by the pleadings and a hearing, including a pendente lite hearing, is set by the circuit court on any such issue for a date certain or placed on a motions docket within 21 days of the filing, though such hearing itself may occur after such 21-day period, the juvenile and
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Sponsored by: Rep. Charniele Herring
Governor: Acts Of Assembly Chapter Text (chap0622) on 03/26/2023
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Virginia 2023 Regular Session
Juvenile and domestic relations district courts; appointment of counsel or guardian ad litem. [HB-1990]
[Children and Youth ]
[Law Enforcement ]
[Criminal Justice ]
Juvenile and domestic relations district courts; appointment of counsel or guardian ad litem; appeals. The bill specifies that any attorney appointed to represent a child or parent, guardian, or other adult at a hearing in the juvenile and domestic relations district court may continue representation upon appeal to the circuit court unless relieved or replaced in the manner provided by law. Juvenile and domestic relations district courts; appointment of counsel or guardian ad litem; appeals. The bill specifies that any attorney appointed to represent
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Sponsored by: Rep. Charniele Herring
Governor: Acts Of Assembly Chapter Text (chap0623) on 03/26/2023
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Virginia 2023 Regular Session
Juvenile and domestic relations district courts; adjudication of delinquency. [SB-1080]
[Children and Youth ]
[Criminal Justice ]
[Law Enforcement ]
[Crime ]
Juvenile and domestic relations district courts; Department of Juvenile Justice; adjudication of delinquency. 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 younger than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency
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Sponsored by: Sen. John Edwards
Passed By Indefinitely In Finance And Appropriations (11-y 5-n) on 02/02/2023