Courts Of Record
Virginia 2013 Regular Session
Criminal conviction; appeals to Court of Appeals, etc.,based on erroneously admitted evidence. [HB-2338]
Erroneously admitted evidence; appeal. Provides that when a criminal conviction is appealed based on a claim that the evidence to convict was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the conviction. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case must be remanded for a new trial if the Commonwealth so elects.
Sponsored by: Rep. Jackson Miller
Governor: Acts Of Assembly Chapter Text (chap0675) on 03/21/2013
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Gettr Virginia 2013 Regular Session
Social services, district board of; process for withdrawal by local governing body of county, etc. [HB-2270]
Withdrawal from district board of social services. Establishes a process for withdrawal from a district board of social services by the local governing body of a county or city and provides for judicial review in cases in which the Board of Social Services fails or refuses to approve the terms and conditions of a proposed plan for withdrawal from a district board of social services by a local government. The bill contains a reenactment clause.
Sponsored by: Rep. Roslyn Tyler
Governor: Acts Of Assembly Chapter Text (chap0315) on 03/13/2013
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Virginia 2013 Regular Session
Criminal activity proceeds; freeze of assets. [HB-2267]
Proceeds of criminal activity; freeze of assets. Authorizes the attorney for the Commonwealth to petition the circuit court to freeze an account or safe deposit box owned or held by a person charged with a crime. The court shall enter an order freezing such account or safe deposit box if it finds probable cause that the account or safe deposit box contains the proceeds of the crime or offense with which the person has been charged and there is reason to believe that the contents of the account or safe deposit box are likely to be removed and could
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Sponsored by: Rep. J. Randall Minchew
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Circuit court judges; increases number in Fifteenth Judicial Circuit. [HB-2093]
Number of circuit court judges; Fifteenth Circuit. Creates an additional circuit court judgeship in the Fifteenth Judicial Circuit (City of Fredericksburg and Counties of Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, and Westmoreland).
Sponsored by: Rep. Christopher Peace
Passed By Indefinitely In Finance (9-y 6-n) on 02/18/2013
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Virginia 2013 Regular Session
Conservators of the peace, special; State-owned museums to apply for appointment by circuit court. [HB-2058]
Special conservators of the peace; museums of the Commonwealth. Authorizes any museum owned and managed by the Commonwealth to apply for the appointment by the circuit court of a special conservator of the peace.
Sponsored by: Rep. Michael Webert
Governor: Acts Of Assembly Chapter Text (chap0122) on 03/06/2013
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Virginia 2013 Regular Session
Judicial Council; directed to report on law clerks used by appellate and circuit courts. [HB-1911]
Judicial Council; law clerks; report. Directs Judicial Council to report on law clerks used by the appellate and circuit courts.
Sponsored by: Sen. Scott Surovell
Left In Appropriations on 02/05/2013
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Virginia 2013 Regular Session
Concealed weapons and concealed handgun permits; reorganizing & recodifying law related to carrying. [HB-1833]
Reorganizing and recodifying the law related to carrying concealed weapons and concealed handgun permits. Reorganizes the existing §18.2-308 into a new Article 6.1 in Chapter 7 of Title 18.2. The new article creates separate, discrete sections to address the general criminal prohibition against carrying concealed weapons; the requirements for applying for a concealed handgun permit; the process the circuit court follows in reviewing, issuing, and denying permits; the appeals process procedures for nonresidents to obtain permits; the renewal process
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Sponsored by: Rep. L. Scott Lingamfelter
Governor: Acts Of Assembly Chapter Text (chap0746) on 04/03/2013
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Virginia 2013 Regular Session
Medical records or reports; method for introducing into evidence. [HB-1815]
Evidence of medical reports in district court and appeals to circuit court. Provides that the method for introducing into evidence medical records or reports in general district court in a civil action for personal injuries or to resolve a dispute with an insurance company or health care provider also applies to appeals of such action to the circuit court regardless of which party appeals. Currently, the same method only applies if the defendant appeals. This method of introducing medical records or reports into evidence may only be used by a plaintiff
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Sponsored by: Rep. Johnny Joannou
Governor: Acts Of Assembly Chapter Text (chap0078) on 03/05/2013
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Virginia 2013 Regular Session
Environmental courts; district court or circuit court may establish, specialized court dockets. [HB-1768]
Specialized court dockets; environmental courts. Provides that any district court or circuit court may establish an environmental court, a separate court docket within the existing calendar of a district or circuit court, that would have the authority to hear cases involving the protection, improvement, and preservation of the public health and the environment.
Sponsored by: Rep. Israel O'Quinn
Stricken From Docket By Courts Of Justice By Voice Vote on 01/28/2013
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Virginia 2013 Regular Session
Sentencing guidelines; definition of violent felony. [HB-1746]
Sentencing guidelines; definition of violent felony. Adds to the list of violent felonies: killing of a fetus, criminal street gang recruitment using force, strangulation of another, assault and battery when it is a hate crime, felony violation of a protective order, felony infected sexual battery, manufacture bombs, willfully discharging a firearm in a public place resulting in bodily injury, brandishing a machete or other bladed weapon near a school, wearing body armor while committing certain crimes, display of grooming video to child, cross
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0424) on 03/16/2013
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Virginia 2013 Regular Session
Circuit court clerks; allowed to establish and maintain their own case management systems, etc. [HB-1716]
Clerks' fees; case management systems, etc. Allows circuit court clerks to establish and maintain their own case management systems, financial management systems, or other independent technology. Data from a clerk's independent system may be provided directly to designated state agencies or to such agencies through an interface with the systems of the Executive Secretary of the Supreme Court of Virginia. The Executive Secretary shall provide an electronic interface to the data available on his systems to a circuit court clerk upon the clerk's written
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Sponsored by: Rep. Sal Iaquinto
Governor: Acts Of Assembly Chapter Text (chap0422) on 03/16/2013
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Virginia 2013 Regular Session
Circuit court clerks; electronic filing and records, remote access. [HB-1715]
Clerks of circuit courts; electronic filing and records; remote access. Makes various changes to the provisions that allow circuit court clerks to provide remote access to certain records and to charge a fee for such access. The bill also directs that fees assessed for electronic filing of cases and other records and accessing certain records remotely shall be paid to the clerk's nonreverting local fund to be used to cover the clerk's operational expenses.
Sponsored by: Rep. Sal Iaquinto
Governor: Acts Of Assembly Chapter Text (chap0077) on 03/05/2013
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Virginia 2013 Regular Session
District court or circuit court clerk; records sent to DMV. [HB-1714]
Records sent to the Department of Motor Vehicles; court clerks. Clarifies the timing for when a clerk of a district court or circuit court is required to forward an abstract of the record in certain cases to the Commissioner of the Department of Motor Vehicles. The bill further provides that if the records in the office of any district court or circuit court clerk show that the judgment in such cases has been vacated or nullified in any manner, the clerk shall make a report of such to the Commissioner. The bill provides further that no record in
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Sponsored by: Rep. Sal Iaquinto
Left In Transportation on 02/05/2013
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Virginia 2013 Regular Session
Circuit court clerks; revises various powers and duties for certification of records, etc. [HB-1658]
Clerk's fees; electronic records; certification of records; etc. Revises various powers and duties of circuit court clerks for certification of records, assessment of fees, etc., such as (i) providing that the use of the term "copy teste," "true copy," or "certified copy" is prima facie evidence that a document is a certified copy of the official record kept in the clerk's office; (ii) providing that no judgment for certain assessments or fees shall be recorded as a judgment in favor of the Commonwealth if such assessments or fees have been fully
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Sponsored by: Rep. C. Todd Gilbert
Governor: Acts Of Assembly Chapter Text (chap0263) on 03/13/2013
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Virginia 2013 Regular Session
Circuit court clerk; submission of trial court record in electronic form to appellate court. [HB-1654]
Courts of record; acceptability of electronic medium; submission of trial court record to appellate court. Requires a clerk of circuit court with an established electronic filing system to provide any appellate court the trial court record in electronic form.
Sponsored by: Rep. Terry Kilgore
Stricken From Docket By Courts Of Justice By Voice Vote on 01/28/2013
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Virginia 2013 Regular Session
Electronic filing in civil proceedings; certain circuit court clerks may charge an additional fee. [HB-1652]
Electronic filing in civil proceedings; fee. Allows, but does not require, a circuit court clerk with an established electronic filing system to charge a $2 fee for every civil case initially filed by paper. Indigents are exempt from paying the fee. The fee is paid into the clerk's nonreverting local fund to be exclusively used to cover the operational expenses of the electronic filing system.
Sponsored by: Rep. Terry Kilgore
Governor: Acts Of Assembly Chapter Text (chap0074) on 03/05/2013
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Virginia 2013 Regular Session
Online case management system; removal of defendant's name. [HB-1542]
Courts; online case management system; removal of defendant's name. Allows circuit court judge to order a clerk to remove or obscure the name of a criminal defendant from the online case management system upon a showing by the Commonwealth of a legitimate law-enforcement purpose. The removal or obfuscation will not affect the case file available to the public in the clerk's office.
Sponsored by: Rep. George Loupassi
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Deeds; circuit court clerk has authority to reject any deed or recordation for filing, etc. [HB-1507]
Recording deeds; statement of preparation. Clarifies that the circuit court clerk may reject for filing or recording a deed conveying not more than four residential dwelling units if the deed does not state on its first page that it was prepared either by the owner of the property or by an attorney licensed to practice in Virginia. The bill further clarifies that a deed of trust need not contain such a statement regarding its preparation.
Sponsored by: Sen. Lynwood Lewis
Governor: Acts Of Assembly Chapter Text (chap0193) on 03/12/2013
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Virginia 2013 Regular Session
District court; record on appeal. [HB-1483]
Record on appeal from district court. Provides that, upon the appeal of a general district court or juvenile and domestic relations district court judgment in a civil case to circuit court, except cases involving protective orders or a civil offense for a person's refusal to submit to having blood or breath samples taken to determine the drug or alcohol content of a person's blood, only the pleadings filed in the case shall be transmitted to the circuit court. All other materials contained in the case file, including all other documents, exhibits,
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Sponsored by: Rep. Sal Iaquinto
Passed By Indefinitely In Courts Of Justice (14-y 0-n) on 02/06/2013
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Virginia 2013 Regular Session
Senior judge system; to study feasibility & effect of implementing for circuit & district courts. [HB-1435]
Judges; senior judge system for the circuit and district courts of Virginia; study. Allows the Office of the Executive Secretary of the Supreme Court of Virginia to contract with an independent entity such as the National Center for State Courts to study the feasibility and effect of implementing a senior judge system. The Office of the Executive Secretary of the Supreme Court of Virginia shall submit an executive summary of its progress towards accomplishing the study by November 15, 2014.
Sponsored by: Rep. David Albo
Governor: Acts Of Assembly Chapter Text (chap0413) on 03/16/2013