Courts Of Record
Virginia 2008 Regular Session
Circuit court clerks; clarifies issues regarding electronic filing & recording of land records, etc. [SB-622]
Circuit Court clerks; electronic filing and recording; digital reproduction; recordation of judgments; secure remote access; deed cover sheets; fees collected by clerks. Clarifies a number of issues for circuit court clerks including (i) the use of the last four digits of a social security number on judgments (filer is responsible); (ii) that the clerk may provide information from a locality to remote access users; (iii) that the filer is responsible for cover sheet accuracy; (iv) allowing the clerk to rely on the cover sheet to index; and (v) the
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Sponsored by: Sen. Kenneth Stolle Governor: Acts Of Assembly Chapter Text (chap0833) on 04/14/2008
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Gettr Virginia 2008 Regular Session
Court of Appeals; en banc hearings. [SB-605]
Court of Appeals; en banc hearings. Clarifies that when there is a dissent in a panel opinion and an aggrieved party requests an en banc hearing, at least four judges of the court must vote in favor of the hearing. The bill makes it clear that the voting judges must be active and would not include retired judges sitting by designation. This bill is identical to
Sponsored by: Sen. Kenneth Stolle Governor: Acts Of Assembly Chapter Text (chap0156) on 03/05/2008
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Virginia 2008 Regular Session
Sex Offender & Crimes Against Minors Registry; person may petition circuit court about registration. [SB-590]
Sex offenders; registration; penalty. Makes various amendments addressing the Sex Offender and Crimes Against Minors Registry including which crimes require what level of registration and the length of registration (15 years prior to petition, 25 years prior to petition, or life) in order to ensure that Virginia law complies with the federal Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16901 et seq.). The bill also requires persons convicted of carnal knowledge of a child 13 or 14 years of age to register as a violent sex offender
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Sponsored by: Sen. Janet Howell Governor: Acts Of Assembly Chapter Text (chap0877) on 04/23/2008
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Virginia 2008 Regular Session
Circuit and district courts; withdrawal of appeals. [SB-566]
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.
Sponsored by: Sen. Mark Obenshain Governor: Acts Of Assembly Chapter Text (chap0706) on 04/14/2008
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Virginia 2008 Regular Session
Civil cases; time limit for those held under advisement. [SB-563]
Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court.
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Sponsored by: Sen. Mark Obenshain Governor: Acts Of Assembly Chapter Text (chap0813) on 04/14/2008
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Virginia 2008 Regular Session
Criminal appeals; to appeal conviction defense counsel must certify there is legitimate issue. [SB-547]
Criminal appeals. Provides that in order to appeal a circuit court conviction of a traffic infraction or a crime the defense counsel or the trial judge must certify that there is a legitimate issue for appeal.
Sponsored by: Sen. Robert Hurt Senate: Passed By Indefinitely In Courts Of Justice (15-y 0-n) on 02/06/2008
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Virginia 2008 Regular Session
Virginia Criminal Information Network (VCIN); protective order information sent thereto, expiration. [SB-540]
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
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Sponsored by: Sen. Mark Obenshain Governor: Acts Of Assembly Chapter Text (chap0246) on 03/06/2008
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Virginia 2008 Regular Session
Parentage proceedings; circuit courts, etc. have concurrent jurisdiction. [SB-46]
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
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Sponsored by: Sen. Linda Puller Governor: Acts Of Assembly Chapter Text (chap0201) on 03/05/2008
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Virginia 2008 Regular Session
Line of Duty Act; definition, and funding for Line of Duty Death and Health Benefits Trust Fund. [SB-41]
Line of Duty Act; definitions; funding for Line of Duty Death and Health Benefits Trust Fund. Includes local employees disabled on or after January 1, 1966, in the definition of %93disabled employee.%94 The bill also provides for a $1.50 fee to be collected per month from alarm company operators for each alarm system monitored and a $5 fee to be collected for processes and services in civil proceedings to provide funding to the Line of Duty Death and Health Benefits Trust Fund. This bill is identical to
Sponsored by: Sen. Roscoe Reynolds House: Left In Appropriations on 03/03/2008
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Virginia 2008 Regular Session
Parental rights; appeal when terminated. [SB-394]
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.
Sponsored by: Sen. John Edwards Senate: Continued To 2009 In Courts Of Justice (15-y 0-n) on 02/11/2008
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Virginia 2008 Regular Session
Courtroom proceedings; provides general & juvenile & domestic relations district courts may record. [SB-337]
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
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Sponsored by: Sen. Kenneth Cuccinelli Senate: Stricken At The Request Of Patron In Courts Of Justice (15-y 0-n) on 02/11/2008
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Virginia 2008 Regular Session
Line of Duty Act; definition, and funding for Line of Duty Death and Health Benefits Trust Fund. [SB-329]
Line of Duty Act; definitions; funding for Line of Duty Death and Health Benefits Trust Fund. Includes local employees disabled on or after January 1, 1966, in the definition of “disabled employee.” The bill also provides for a $1.50 fee to be collected per month from alarm company operators for each alarm system monitored and a $5 fee to be collected for processes and services in civil proceedings to provide funding to the Line of Duty Death and Health Benefits Trust Fund. This bill is identical to
Sponsored by: Sen. John Edwards House: Left In Appropriations on 03/03/2008
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Virginia 2008 Regular Session
Circuit and district courts; use by Virginia State Bar of additional fees. [SB-248]
Additional fees in certain courts; use by Virginia State Bar. Increases the civil action filing fee in circuit and district court to $10. Currently, the fee is $5. The additional $5 would be deposited into the Legal Aid Services Fund.
Sponsored by: Sen. Janet Howell Governor: Acts Of Assembly Chapter Text (chap0692) on 04/14/2008
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Virginia 2008 Regular Session
Appellate court; remand of bail appeal. [SB-225]
Remand of bail appeal. Allows the Supreme Court or Court of Appeals to remand an appeal of denial of bail to circuit court for such further action regarding bail as the appellate court directs. Currently the appellate court is limited to setting bail after overruling the denial. This is a recommendation of the Judicial Council. This bill is identical to HB 586.
Sponsored by: Sen. Ryan McDougle Governor: Acts Of Assembly Chapter Text (chap0146) on 03/05/2008
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Virginia 2008 Regular Session
Supreme Court; circuit court case management system changes to be approved by Executive Secretary. [SB-181]
Supreme Court; circuit court case management system. Requires that any changes in circuit court clerks' technology plans which modify or supplant the statewide case or financial automated systems be approved by the Executive Secretary. The bill also requires the Compensation Board to consider local funds expended on circuit court technology plans in weighing technology funding requests.
Sponsored by: Sen. Henry Marsh Senate: Left In Courts Of Justice on 02/13/2008
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Virginia 2008 Regular Session
Clerk's office; preservation of papers. [SB-180]
Preservation of papers in court clerk's office. Requires that all papers in the clerk's office be preserved in the office, even if reproduced electronically, and shall be destroyed only in accordance with law. This bill is identical to
Sponsored by: Sen. Henry Marsh Governor: Acts Of Assembly Chapter Text (chap0142) on 03/05/2008
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Virginia 2008 Regular Session
Judges; increases number in circuit court. [SB-178]
Number of circuit court judges. Adds an additional circuit court judge to each of the following circuits: 10th (Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Lunenburg, Mecklenburg, Prince Edward); 14th (Henrico); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); 26th (Harrisonburg, Winchester, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren); 27th (Galax, Radford, Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski, Wythe); and 30th
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Sponsored by: Sen. Henry Marsh House: Continued To 2009 In Appropriations By Voice Vote on 02/27/2008
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Virginia 2008 Regular Session
Domestic violence cases; retention of records. [SB-173]
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.
Sponsored by: Sen. Harry Blevins Governor: Acts Of Assembly Chapter Text (chap0749) on 04/14/2008
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Virginia 2008 Regular Session
Judges; nominations for election to circuit court. [HR-5]
Nominating persons to be elected to circuit court judgeships.
Sponsored by: Rep. William Janis House: Bill Text As Passed House (hr5er) on 01/16/2008
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Virginia 2008 Regular Session
Judge; nomination for election to Court of Appeals. [HR-12]
Nominating a person to be elected to the Court of Appeals of Virginia.
Sponsored by: Rep. William Janis House: Bill Text As Passed House (hr12er) on 03/08/2008