As of March 7th, Governor Kaine signed and approved the Children’s Ombudsman Bill (HB 1131). No funding has been allocated as of yet.
Posted by cldunn on Mon, 17 Mar 2008 14:03
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Category 2008/Ombudsman/
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The Newport News (VA) Daily Press ran a story yesterday about the passage of HB93: “It could be a really good thing for the public defender system,” said David Johnson, executive director of the Virginia Indigent Defense Commission, the state agency that oversees public defenders. “We’re certainly optimistic that the governor will sign it. He’s [...]
Posted by natedenny on Wed, 5 Mar 2008 13:29
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Category 2008/Public defender/
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HB 1207, which will allow juveniles serving blended sentences to earn sentence credit for good time served in juvenile facilities, as described here, has passed both chambers of the General Assembly without amendment.
Posted by cldunn on Fri, 29 Feb 2008 11:49
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Category 2008 Session
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On Wednesday, HB 830 successfully passed the Senate. As previously noted, HB 830 allows an accused to call the custodian of the record for offenses that involve providing false information to the Sex Offender Registry.
Posted by lisamiddlekauff on Thu, 21 Feb 2008 20:17
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Category 2008 Session
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HB 1426, which would allow for the recording of proceedings in Juvenile & Domestic Relations Court, was referred to the Senate Committee of Courts of Justice after passing the House. It was continued until 2009 by a unanimous vote of Courts of Justice.
Posted by cldunn on Wed, 20 Feb 2008 18:24
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Category 2008 Session
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This Bill was left in committee on 02/12/08.
Posted by chadwickdrogers on Thu, 14 Feb 2008 09:07
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Category 2008 Session
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The Sub-committee that this Bill was assigned to never took ant action on this Bill was left in Committee on 02/12/08.
Posted by chadwickdrogers on Thu, 14 Feb 2008 09:06
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Category 2008 Session
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As of 02-12-2008 this bill was left in Appropriations.
Posted by chadwickdrogers on Thu, 14 Feb 2008 09:04
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Category 2008 Session
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HB 590 (adding larceny of a motor vehicle to the list of predicate criminal acts) and HB 1182 (adding grand larceny to the list of predicate criminal acts) have been effectively killed after being left in Appropriations.
Posted by erinbumgarner on Wed, 13 Feb 2008 12:49
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Category 2008 Session
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HB 552, which would have amended the process for removing information from the Sex Offender Registry, was left in the House Militia, Police, and Public Safety Committee, effectively killing the bill.
Posted by lisamiddlekauff on Wed, 13 Feb 2008 12:48
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Category 2008 Session
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HB 659, HJ 179, HB 585, and HJ 215 have all been left in their respective committees.
Posted by cldunn on Wed, 13 Feb 2008 12:46
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Category 2008 Session
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HB 589 (punishing those who voluntarily submit to hazing), HB 935 (admitting prior inconsistent statements), HB 940 (requiring defense motions to be made “with particularity”
, and HB 1519 (allowing 11-13 year olds to be released to juvenile detention homes) are all dead after being left in House Courts of Justice.
[...]
Posted by erinbumgarner on Wed, 13 Feb 2008 12:45
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Category 2008 Session
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Delegate Morrisey’s HB 1568 clarifying that appeals of juvenile transfers to adult court should be de novo has passed the house unanimously on a block vote as amended in the House Courts of Justice. Morrisey testified that the purpose was to clarify the types of evidence allowed to be heard in juvenile transfer appeal hearings. The House [...]
Posted by erinbumgarner on Wed, 13 Feb 2008 12:35
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Category 2008 Session
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HB 536, which as previously noted increased the compensation for some court appointed attorneys, was left in the House Appropriations Committee, effectively killing the bill.
Posted by lisamiddlekauff on Wed, 13 Feb 2008 12:33
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Category 2008 Session
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HB 1207, which would allow juveniles serving blended sentences to earn sentence credits for good time served. The bill passed the House 72 Y - 26 N - 1A.
Posted by cldunn on Wed, 13 Feb 2008 11:16
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Category 2008 Session
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Sen. McDougle’s legislation to clarify penalties for underage drunk drivers was defeated in the Senate Courts of Justice committee.
Posted by natedenny on Tue, 12 Feb 2008 10:49
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Category 2008/underage drinking/
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Del. Marsden’s legislation - which would have eliminated court services staff from the list of people who could advise juvenile defendants’ of their right to counsel - was removed from the House Courts of Justice criminal subcommittee docket by a voice vote last Wednesday.
Posted by natedenny on Tue, 12 Feb 2008 10:43
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Category 2008 Session
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SB 315 has moved to the Senate Floor with major changes. On second reading today, a floor substitute was adopted which would place the office within the Inspector General for Mental Health, Mental Retardation, and Substance Abuse Services Office. It would appear that the administration has agreed to absorb the office without the [...]
Posted by cldunn on Mon, 11 Feb 2008 18:02
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Category 2008 Session
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HB 1207, which would allow juveniles to earn sentence credits for good time served in juvenile facilities, was reported out of the Courts of Justice Committee on Friday February 8th with a 15-7 vote. Delegate Marsden did note that this bill might encourage juveniles and their attorneys to seek an adult disposition to accrue [...]
Posted by cldunn on Mon, 11 Feb 2008 18:00
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Category 2008 Session
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HB 1426, which would provide for the recording of proceedings in J & DR Court, has been unanimously passed by the House of Delegates. It has been referred to the Senate Courts of Justice Committee.
Posted by cldunn on Sat, 9 Feb 2008 23:43
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Category 2008 Session
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HJ 113, which as previously noted was combined with HJ 160 and directs the Crime Commission to continue its study of the juvenile justice system, was unanimously passed by the House on February 8th.
Posted by lisamiddlekauff on Sat, 9 Feb 2008 18:12
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Category 2008 Session
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SB 610 passed the Senate unanimously on Friday. As we’ve previously posted, SB610 was the companion bill to H536 - it would increase compensation for court-appointed counsel for certain juvenile defendants.
Posted by natedenny on Sat, 9 Feb 2008 15:32
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Category 2008 Session
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HB 587, which attempted to limit the amount of restitution that could be imposed on juveniles, was carried over to 2009 by a voice vote in the House Courts of Justice on Friday, February 8.
Posted by lisamiddlekauff on Sat, 9 Feb 2008 14:02
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Category 2008 Session
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At the House Rules Committee meeting on February 5, HJ 160, which provided for a study of the juvenile justice system, was incorporated into HJ 113. HJ 113, sponsored by Del. Moran, continues the Crime Commission’s pre-existing study of the juvenile justice system. HJ 113 was substituted to reflect these changes, and [...]
Posted by lisamiddlekauff on Fri, 8 Feb 2008 13:55
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Category 2008 Session
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HB 1263 was continued to 2009 by a voice vote of the Committee on Education on January 30. A summary of HB 1263 can be found here.
Posted by lisamiddlekauff on Fri, 8 Feb 2008 13:42
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Category 2008 Session
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After a successful third reading on the House uncontested calendar Thursday, HB 830 passed the House and moves to the Senate. A summary of HB 830 can be found here.
Posted by lisamiddlekauff on Fri, 8 Feb 2008 08:38
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Category 2008 Session
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SB 732, which would have mandated the reporting of Class 1 misdemeanors to the public school system, has been killed by the Senate Education and Health Committee. The vote was 14-Y and 1-N in favor of killing the bill.
Posted by cldunn on Thu, 7 Feb 2008 13:20
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Category 2008 Session
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Delegate Marsden’s HB 590 and Delegate Lingamfelter’s HB 1182 have both passed the House Courts of Justice Committee unanimously. These bills both add crimes of larceny to the list of predicate criminal acts required under Virginia’s gang statute. Marsden’s bill adds the larceny of a moter vehicle, and Lingamfelter’s adds all grand larceny. They have both been referred [...]
Posted by erinbumgarner on Wed, 6 Feb 2008 13:34
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Category 2008 Session
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Senator’s Lock SJ 45 has been stricken at her request in the Senate Rules Committee.
Posted by erinbumgarner on Wed, 6 Feb 2008 13:34
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Category 2008 Session
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The New York Times editorial board today strongly condemns the practice of sentencing juvenile offenders to life without parole. According to Human Rights Watch, 2,380 people in this country are serving life sentences for crimes they committed before they turned 18. That makes the United States an extreme global outlier. Sentencing juveniles to life without parole [...]
Posted by natedenny on Wed, 6 Feb 2008 10:19
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Category 2008/life without parole/
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SB 315 was reported out of the Senate Committee on Rehabilitation and Social Services. It passed committee with only one dissenting vote and will move on to Senate Finance on the morning of Wednesday, February 6th.
Posted by cldunn on Tue, 5 Feb 2008 16:25
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Category 2008 Session
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The Newport News (Va.) Daily Press has an interesting piece on the need for salary increases in the Commonwealth’s public defender offices. As a matter of justice, Gochenour says, the state needs to keep his staff’s pay at a rate comparable to prosecutors. He’s in favor of localities being allowed to boost the pay of lawyers [...]
Posted by natedenny on Mon, 4 Feb 2008 13:07
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Category 2008 Session
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HB 585, which would increase fire safety in juvenile facilities, has been referred from House Appropriations and to the House Committee on General Laws. It was referred out by a voice vote on Monday, January 28th.
Posted by cldunn on Thu, 31 Jan 2008 19:54
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Category 2008 Session
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SB 315, which would create an independent Office of the Children’s Ombudsman, was heard in the General Laws and Technology Committee yesterday. Though the Committee reacted favorably to the bill, members believed that the Committee on Rehabilitation and Social Services had more expertise regarding the agencies the bill would cover so it was rereferred there. The [...]
Posted by cldunn on Thu, 31 Jan 2008 15:55
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Category 2008 Session
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HB 808 was carried over to the 2009 session by a voice vote of the House Education Committee on January 23. This legislation, as previously noted, would require informed parental consent before special education services could be re-evaluated or terminated.
Posted by lisamiddlekauff on Sat, 26 Jan 2008 11:34
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Category 2008 Session
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The Sentencing Law & Policy blog has highlighted a couple of really interesting stories on state efforts to come into compliance with the federal Adam Walsh Act. First, Stateline.org has a very thorough piece on the AWA’s impact on juvenile offenders and the consequences for states that don’t come into compliance. Strenuous objections also have been raised [...]
Posted by natedenny on Fri, 25 Jan 2008 13:18
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Category 2008/Adam Walsh Act/
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HB 1209 was carried over to the 2009 session by a voice vote of the House Courts of Justice Committee on January 21st. This legislation, as previously noted, would give the court the discretion to grant deferred disposition to criminal defendants.
Posted by cldunn on Thu, 24 Jan 2008 16:40
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Category 2008 Session
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Sen. Ryan McDougle (R-4) has introduced a bill that would clarify the penalties for underage driving while impaired. Under SB 507, underage drunk driving (a .02 BAC or more) is a Class 1 misdemeanor. It also creates as an alternative to the minimum $500 fine (which used to be the maximum fine) a mandatory minimum [...]
Posted by natedenny on Thu, 24 Jan 2008 11:54
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Category 2008/underage drinking/
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Sen. Stuart’s SB372 was carried over to next session at yesterday’s meeting of the Senate Courts of Justice criminal subcommittee. The legislation, as we’ve previously noted, would have required mandatory sex offender registration for juveniles 12 years of age or older - removing the judge’s current discretion and lowering the age from 13. [...]
Posted by natedenny on Wed, 23 Jan 2008 10:53
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Category 2008/mandatory registration/
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Del. C. Charles Caputo, a Democrat from Chantilly, has introduced legislation that would provide lighter sentences for underage drinkers who have summoned law enforcement or medical assistance on behalf of another. HB 740 amends two sections of the code: § 4.1-305 and § 4.1-306, which deal with underage purchase or possession of alcohol. The changes to [...]
Posted by natedenny on Wed, 23 Jan 2008 10:44
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Category 2008/underage drinking/
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Del. Albert C. Eisenberg 
-47) has introduced HB 606, legislation that would tighten rules about recording of juvenile interrogations. The bill amends Va. Code § 16.1-228 by adding in the following definitions:
“Custodial interrogation” means any interview conducted by a law-enforcement officer in such circumstances that would lead a reasonable person in the subject’s position to [...]
Posted by natedenny on Tue, 22 Jan 2008 11:37
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Category 2008 Session
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SB 610, a companion bill to HB 536, was referred to the Senate Finance Committee. As we have blogged previously, the bills would raise the compensation for court-appointed attorneys representing juveniles accused of crimes which would be felonies.
Posted by lisamiddlekauff on Tue, 22 Jan 2008 10:29
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Category 2008 Session
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HB 1233 provides that if a minor is convicted of reckless driving in violation of subdivision (i) of § 46.2-862 (reckless driving in excess of 20 miles per hour over the speed limit), he shall lose his privilege to drive for six months. Currently, there is no exception for minors and all persons convicted [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:34
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Category 2008 Session
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HB 1255 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. This bill would amend and reenact §§ 16.1-243 and 16.1-291 of the Code of Virginia and [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:33
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Category 2008 Session
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HB 1254 Allows the Department of Juvenile Justice to share with law enforcement the information of a juvenile, without request, if the Department reasonably believes that it would aid in a criminal investigation involving a predicate criminal act or a criminal street gang as those terms are defined in § 18.2-46.1. Also, the bill [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:31
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Category 2008 Session
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HB 1044 makes it clear that persons convicted under certain Code sections that were amended by the 2007 General Assembly must register even though the sections have been rewritten. The bill requires the registration of any conviction of certain crimes involving use of a communications system to facilitate certain offenses involving children rather than [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:30
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Category 2008 Session
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HB 964 provides that any failure to register is a Class 6 felony and makes it a Class 5 felony to fail to register if you have been convicted of either a sexually violent offense or murder. Under current law, failure to register for an offense other than a sexually violent offence or murder is [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:28
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Category 2008 Session
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HB 902 Clarifies that the vehicle information currently required to be filed with the registration is “motor” vehicle information. This bill would amend and reenact § 9.1-903 of the Code of Virginia and is sponsored by Delegate Robert W. Mathieson, a Democrat representing the 21st House district. This bill was referred to the House Committee [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:26
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Category 2008 Session
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HB 1258 states that when a clerk destroys records pursuant to a juvenile record expungement, the clerk shall obtain an order requiring all law-enforcement agencies, social services offices, correctional facilities, and Commonwealth attorneys’ offices to destroy their records as well. Also the bill requires the CCRE to notify federal criminal justice agencies of the expungement [...]
Posted by chadwickdrogers on Mon, 21 Jan 2008 15:24
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Category 2008 Session
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Senator Ralph Smith has introduced legislation that would require local authorities to report to the school division superintendent and to the principal all offenses committed by a student enrolled in the school that would be a Class 1 misdemeanor if committed by an adult. SB 732 amends § 22.1-279.3:1, which currently requires reporting only [...]
Posted by cldunn on Mon, 21 Jan 2008 10:21
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Category 2008 Session
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House Bill 496 increases the scope of “predicate criminal acts” by adding two crimes to the definition. The legislation would amend the definition of “predicate criminal act,” found at § 18.2-46.1(1) of the Virginia Code, to now include violations of §18.2-154 and §18.2-279. A violation of § 18.2-154 involves shooting at any train, car, vessel, [...]
Posted by joshuacheatham on Sun, 20 Jan 2008 23:58
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Category 2008 Session
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House Bill 531 adds § 52-28.1 to the Virginia Code. The bill requires that when a state or local law-enforcement agency determines that a felony or misdemeanor arrest is gang related, that the agency must orward the information to the Department of State Police. That information must then be included in the annual Crime in [...]
Posted by joshuacheatham on Sun, 20 Jan 2008 23:57
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Category 2008 Session
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Morgan Griffith, a Republican from the 8th District, submitted House Bill 658. This legislation amends §§ 19.2-165 and 19.2-166 of the Virginia Code. These amendments would require that the circuit court, when requested by the Commonwealth or an indigent defendant, must order a certified court reporter or mechanical or electronic device approved by the court [...]
Posted by joshuacheatham on Sun, 20 Jan 2008 23:56
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Category 2008 Session
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House Bill 916 and Senate Bill 181 amend §§ 17.1-279, 17.1-293, and 17.1-502 of the Virginia Code. The bills expand what the Compensation Board, when approving applications for monies from the Technology Trust Fund for automation and technology improvements in secure remote access to land records must consider. The bills require that the Board consider [...]
Posted by joshuacheatham on Sun, 20 Jan 2008 23:55
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Category 2008 Session
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House Bill 1131 creates the Office of the Children’s Ombudsman. Such an office would provide ombudsman services, including investigation of complaints, advocacy for the Department of Juvenile Justice and Department of Social Services. The Office would also provide information regarding these agencies to the public and State Government. It is important to note that the [...]
Posted by joshuacheatham on Sun, 20 Jan 2008 23:54
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Category 2008 Session
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Delegate Joe Morrisey has introduced HB 1568 which amends Va. Code sec. 16.1-296.6 which governs the appeal of a transfer of a juvenile from juvenile court to adult court. The current code section indicates that the hearing on appeal is to take further evidence on the appropriateness of the transfer. HB 1568 clarifies that the hearing should be [...]
Posted by erinbumgarner on Sun, 20 Jan 2008 22:08
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Category 2008 Session
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Delegate Dave Marsden has introduced legislation that would allow 11-13 year olds who are convicted of offenses that if committed by an adult would place them in an adult correctional center to be released to a juvenile detention center. Va. Code sec. 16.1-284.1 already allows this action for juvenile fourteen years of age and older. The bill only [...]
Posted by erinbumgarner on Sun, 20 Jan 2008 21:46
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Category 2008 Session
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Delegate Morgan Griffith has introduced legislation that would heighten the standard of specificity required for defense motions and objections to suppress evidence or dismiss a warrant, information, or charge on the grounds of a constitutional violation. HB 659 seeks to amend § 19.2-266.2 by inserting a clause into section B which already requires that these motions [...]
Posted by cldunn on Sun, 20 Jan 2008 17:22
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Category 2008 Session
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Delegate Frank Hall has introduced a resolution which requests the Board of Education to study the need for and ways of improving the coordination between chronic truancy and dropout prevention in Virginia. HJ 179 addresses critical truancy problems and the need to focus on the achievement gap and declining high school graduation rates. This legislation would [...]
Posted by cldunn on Sun, 20 Jan 2008 16:45
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Category 2008 Session
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Delegate Roslyn Tyler has introduced HJ 215 which would create a joint subcommittee to study mental health services in local and regional jails. The resolution addresses the shortages in public mental health services caused by deinstitutionalization, primarily the fact that there are many more mentally ill persons served in jails than in hospitals. [...]
Posted by cldunn on Sun, 20 Jan 2008 15:47
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Category 2008 Session
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Delegate Ken Melvin has introduced HB 1209 to give the court the discretion to grant deferred disposition to criminal defendants. The bill would create a new section in the criminal code (§ 19.2-303.5). No matter what plea the defendant makes, if the court finds facts sufficient to justify a determination of guilt, [...]
Posted by cldunn on Sun, 20 Jan 2008 14:56
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Category 2008 Session
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Delegate Ken Melvin has introduced legislation into the House which would allow a juvenile convicted as an adult and sentenced to a term of incarceration in the juvenile justice system followed by a term of incarceration in the adult criminal system to gain earned sentence credits for time served in juvenile correctional centers. HB 1207 would [...]
Posted by cldunn on Sun, 20 Jan 2008 14:08
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Category 2008 Session
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Delegate Morgan Griffith has introduced HB 1426, a piece of legislation which would permit either party or counsel to provide for the recording of any courtroom proceeding in Juvenile and Domestic Relations Court. The evidence and incidents of any proceeding may be recorded verbatim either by a courtroom reporter or by mechanical or electronic [...]
Posted by cldunn on Sun, 20 Jan 2008 12:59
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Category 2008 Session
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Delegate Englin has introduced HB 808, regarding special education services for children with disabilities. The bill amends Virginia Code § 22.1-214, to provide for informed parental consent before a child can be re-evaluated to assess their continued eligibility for special services, as well as informed parental consent before any such services can be terminated. HB 808 [...]
Posted by lisamiddlekauff on Sun, 20 Jan 2008 12:34
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Category 2008 Session
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Delegate Dave Marsden has introduced legislation in the House which would require the State Board of Juvenile Justice to promulgate regulations governing the use of smoke detectors, fire suppression systems, and fire-safe construction materials in newly constructed juvenile care facilities. The stated purpose of HB 585 is to increase the safety of juveniles in [...]
Posted by cldunn on Sat, 19 Jan 2008 15:33
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Category 2008 Session
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Delegate Franklin Hall had introduced legislation designed to combat the issue of truancy. HB 1263 amends a number of sections of the Virginia Code which deal with dropout and truancy prevention. Major provisions of the bill include: When a child is determined to be a child in need of supervision or a child in need of services, [...]
Posted by lisamiddlekauff on Sat, 19 Jan 2008 14:13
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Category 2008 Session
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Delegate Lingamfelter has introduced HB 1182 which adds grand larceny (18.2-95) to the list of predicate criminal acts of which two or more are needed to identify a group as a criminal street gang. Grand larceny under the Va. Code is defined as stealing $5 or more off of a person, steals goods valued over $200 [...]
Posted by erinbumgarner on Fri, 18 Jan 2008 14:02
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Category 2008 Session
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Del. Harvey Morgan, a Republican from Gloucester, has prefiled legislation that would allow an individual whose marijuana possession charge has been dismissed or discharged to file a petition to have police records related to that charge expunged. You can find the text of the legislation here. Del. Morgan’s bill amends § 18.2-251 and § 19.2-392.2 to [...]
Posted by natedenny on Tue, 8 Jan 2008 21:55
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Category 2008 Session
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Del. Moran -46) has prefiled legislation that would allow counties or cities to supplement compensation for public defenders by chipping in from their own municipal funds.
H.B. 93 would add a new section to Va. Code section 19.2-163.01 (which created the Virginia Indigent Defense Commission). The new section reads:
Notwithstanding any other provision of law, the [...]
Posted by natedenny on Thu, 27 Dec 2007 16:58
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Category 2008/Public defender/
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Del. Putney's bill would provide that court-appointed counsel may request a waiver of the limitations on compensation by submitting the request, in writing, accompanied by a detailed accounting of the time expended on the representation and the justification for the waiver, to the appropriate court. If the court determines that the request is justified, it shall be sent to the Executive Secretary of the Supreme Court of Virginia for approval. If approved by the Executive Secretary, the court shall direct that payment be made.
Status:
Posted by Alison Kenny on Thu, 25 Jan 2007 09:47
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Category 2007 Session
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Del. Gilbert's bill would provide that the court shall only discharge a delinquent child and dismiss the proceedings against him, where the finding of delinquency is based upon (i) the unlawful purchase, possession, or consumption of alcohol, (ii) the unlawful drinking or possession of alcohol on school grounds, or (iii) the unlawful use or possession of a handgun or "streetsweeper," if the child has not previously been adjudicated delinquent for a like offense, had a proceeding for a like offense dismissed, or had an adjudication of delinquency for a like offense deferred.
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Posted by Alison Kenny on Fri, 19 Jan 2007 14:13
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Category 2007 Session
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Del. Moran's bill would direct the Board of Education to appoint for each local school division a Children's Services Ombudsman as a resource for parents of special needs children, for the purpose of resolving and mediating complaints regarding any activity, practice, policy, or procedure of any program operated by a local school board affecting the health, safety, welfare, or rights of any school-age special needs child. The bill also contains an exemption from the Freedom of Information Act for investigations conducted by the Ombudsmen.
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Posted by Alison Kenny on Fri, 19 Jan 2007 14:11
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Category 2007 Session
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Del. Phillips's bill would conform the offenses committed within a facility or home to those for adult correctional facilities to reflect changes made in 2006.
Status:
Posted by Alison Kenny on Fri, 19 Jan 2007 14:09
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Category 2007 Session
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Sen. Lucas's bill would provide that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill provides that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.
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Posted by Alison Kenny on Fri, 19 Jan 2007 14:01
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Category 2007 Session
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Del. Reid's bill would provide that school personnel are authorized to disclose identifying information from a student's education records to members of the SHOCAP committee and the staff of member agencies for the purpose of furthering the ability of the juvenile justice system to effectively serve the student prior to adjudication.
Status:
1/22/07: Passed the House
1/23/07: Referred to Senate Committee on Education and Health
2/01/07: Reported unanimously from Education and Health with substitute
2/05/07: Passed Senate w/substitute
2/08/07: Senate substitute agreed to by the House
2/12?07: Signed by House Speaker and Senate President
2/19/07: Approved by Governor, Chapter 48, effective 7/1/07
Click here to read the full text of HB 2631
Posted by Alysha Fulkerson on Thu, 18 Jan 2007 21:06
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Category 2007 Session
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Del. McQuigg's bill would repeal the Interstate Compact Relating to Juveniles located in Article 14 (§ 16.1-323 et seq.) of Chapter 11 of Title 16.1 and replace it with the current version of the Interstate Compact for Juveniles, which has already been enacted in 30 states and provides for enhanced accountability, enforcement, visibility, and communication in relation to tracking and supervising juveniles moving across state borders
Status:
01/09/07: Referred to House Committee for Courts of Justice
01/16/07: Assigned to Courts Civil Law subcommittee
1/26/07: Reported from Court of Justice (18-Y 0-N)
1/30/07: Read first time in House
1/31/07: Read second time in House and engrossed
2/01/07: Read third time and passed House
2/2/07: Referred to Senate Committee on Privileges and Elections
2/13/07: Reported from Privileges and Elections with amendments
2/16/07: Passed Senate with amendments
2/20/07: Passed House with amendments
3/12/07: Approved by Governor, Chapter 277
This bill as passed is identical to SB 1290
Click here to read the full text of HB 2201
Posted by Alysha Fulkerson on Thu, 18 Jan 2007 21:01
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Category 2007 Session
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Offered by Sen. Locke, Senate Joint Resolution 329 calls on the Board of Education to study high school dropout and graduation rates in the Commonwealth. The Board must submit its report to the 2008 Session of the General Assembly.
Click here to read the full text of SJ 329.
Posted by Eileen Geller on Thu, 18 Jan 2007 18:43
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Category 2007 Session
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Sen. Puller's resolution would continue the Joint Subcommittee to Study the Commonwealth's Program for Prisoner Reentry to Society for the purpose of receiving the recommendations and report of the Virginia Prisoner Reentry Policy Academy. The joint subcommittee must submit its executive summary and report to the Governor and the 2008 Session of the General Assembly. This resolution is a recommendation of the Joint Subcommittee to Study the Commonwealth's Program for Prisoner Reentry to Society.
Posted by Eileen Geller on Thu, 18 Jan 2007 18:38
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Category 2007 Session
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Offered by Sen. Miller, Senate Joint Resolution 348 calls for the Joint Legislative Audit and Review Commission to conduct a study comparing the costs of incarceration and the costs ofeducation. The Commission would be directed to calculate the per person cost of receiving a public education in Virginia, and compare it to the per person cost of incarceration for five, ten, fifteen, and twenty year periods.
Posted by Eileen Geller on Thu, 18 Jan 2007 18:31
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Category 2007 Session
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Sen. Puckett's proposal would amend the Code of Virginia to create a separate account for all commission payments received as a result of the phone systems in Virginia's correctional facilities. The account will be called the Prisoner Reentry Fund, and the money will be used for independent pre-release and post-release transition services programs.
SB 1080 reprted from the Committee on Rehabilitation and Social Services with amendment on 01/19/07. Referred to Senate Finance Committee.
01/31/07: Failed to report out of Senate Finance Committee.
Click here to read the full text of SB 1080.
Posted by Eileen Geller on Thu, 18 Jan 2007 18:23
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Category 2007 Session
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Sen. Cuccinelli's bill would amend the Code of Virginia by clarifying that retired judges, substitute judges and special judges are authorized to perform hearings under the Act.
Status:
10/11/06: Referred to Senate Committee for Courts of Justice
1/15/07: Assigned to Senate Courts subcommittee: Involuntary Commitment
2/06/07: Left in Courts of Justice
Click here to read the full text of SB 739
Posted by Alysha Fulkerson on Mon, 15 Jan 2007 13:49
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Category 2007 Session
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Sen. Edwards' bill would amend section 16.1-323 of the Code of Virginia by repealing the current Interstate Compact relating to juveniles and replacing it with a new version of the Interstate Compact for juveniles which provides for enhanced accountability, enforcement, visibility, and communication in relation to tracking and supervising juveniles across state borders.
Status:
01/10/07: Referred to Senate Committee on Privileges and Elections
1/23/07: Reported from P&E with amendments
1/25/07: Constitutional Reading dispensed (39-Y 0-N)
1/25/07: Senate: VOTE (39-Y 0-N)
1/26/07: Second reading; Committee Amendments agreed to; Engrossed by Senate
1/29/07: Passed Senate
2/05/07: Read first time in House and referred to House Courts of Justice
2/06/07: Assigned to Courts subcomittee Civil Law
2/19/07: Reported from Courts of Justice
2/21/07: Passed House
3/15/07: Approved by Governor
This bill is identical to HB 2201 which passed the House, passed the Senate, and was approved by the Governor
Click here to read the full text of SB 1290
Posted by Alysha Fulkerson on Mon, 15 Jan 2007 13:40
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Category 2007 Session
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Sen. Herring's bill would amend sections 16.1-278.8 and 16.1-278.9 of the Code of Virginia by specifiying that juveniles who drive without a license after a juvenile court has issued an order denying the juvenile the ability to apply for a license are guilty of a violation of section 46.2-300.
Status:
01/10/07: Referred to Senate Committee for Courts of Justice
1/22/07: Passed by indefinitely in Court of Justice (12-Y 1-N)
Click here to read the full text of SB 1248
Posted by Alysha Fulkerson on Mon, 15 Jan 2007 13:33
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Category 2007 Session
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Sen. Obenshain's bill would amend section 16.1-278.9 of the Code of Virginia by clarifying that a judge may impose all penalties allowable by law for juveniles found delinquent of offenses that require the loss of driving privileges.
Status:
01/10/07: Referred to Senate Committee for Courts of Justice
1/22/07: Reported from Court of Justice (14-Y 0-N)
1/23/07: Senate Vote (40-Y 0-N)
1/24/07: Read second time and engrossed
1/25/07: Read third time and passed Senate (39-Y 0-N)
2/06/07: Read first time in House and referred to Courts of Justice
2/16/07: Reported from House Courts of Justice
2/21/07: Passed the House with amendments
2/22/07: House amendments agreed to by Senate
3/8/07: Signed by Speaker
3/11/07: Signed by President
Click here to read the full text of SB 1236
Posted by Alysha Fulkerson on Mon, 15 Jan 2007 13:20
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Category 2007 Session
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Sen. Reynold's bill would amend section 19.2-163.03 of the Code of Virginia by setting out requirements to be met for qualification as a court-appointed attorney according to each type of case. Re-qualification requirements are also listed including MCLE programs.
Status:
01/10/07: Referred to Senate Committee for Courts of Justice
1/29/07: Reported from Senate Courts of Justice unanimously
1/30/07: Senate vote (unanimous)
1/31/07: Read second time and engrossed in Senate
2/1/07: Read third time and passed Senate
2/06/07: Read first time in House and referred to Courts of Justice
2/16/07: Reported from House Courts of Justice
2/21/07: Passed House
3/7/07: Signed by Speaker
3/8/07: Signed by President
Click here to read the full text of SB 1189
Posted by Alysha Fulkerson on Mon, 15 Jan 2007 13:12
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Category 2007 Session
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Sen. Stolle's bill would amend section 19.2-163 of the Code of Virginia by providing that court-appointed counsel may request a waiver of the current limitations on compensation.
Status:
01/10/07: Referred to Committee for Courts of Justice
1/17/07: Reported from Courts with amendments
1/17/07: Referred to Senate Finance
2/01/07: Reported from Senate Finance
2/06/07: Passed Senate
2/07/07: Referred to House Court of Justice
2/09/07: Assigned to Courts Criminal Law subcommittee
2/16/07: Reported from House Courts with substitute and referred to House Appropriations
2/19/07: Reported from House Appropriations
2/21/07: Passed House
2/22/07: Passed Senate
3/8/07: Signed by President
3/11/07: Signed by Speaker
Click here to view SB 1168 as amended
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 20:23
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Category 2007 Session
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Sen. O'brien's bill would amend section 46.2-334.01 of the Code of Virginia by making violations of various restrictions applicable to drivers under 19 years of age a primary offense rather than a secondary offense as currently provided by law.
Status:
01/09/07: Referred to Senate Committee of Transportation
2/01/07: Left in Transportation
Click here to read the full text of SB 1040
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 17:06
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Category 2007 Session
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Sen. O'Brien's bill would amend section 46.2-334.01 of the Code of Virginia by providing that any person person under 18 years old shall not operate a vehicle while using any cellular telephone or other wireless telecommunication device except in specified emergency situations.
Status:
01/09/07: Referred to Senate Committee on Transportation
1/25/07: Reported from Transportation with substitute (15-Y 0-N)
1/29/07: Senate vote (38-Y 0-N 1-A)
1/30/07: Engrossed by Senate with substitute
1/31/07: Passed Senate unanimously
2/03/07: Read first time in House and referred to Transportation
2/15/07: Reported from House Transportation with substitute
2/16/07: House second reading
2/21/07: Passed House
2/22/07: Passed Senate with substitute
3/7/07: Signed by President
3/8/07: Signed by Speaker
Click here to read SB 1039 as amended
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 16:53
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Category 2007 Session
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Sen. Lambert's bill would amend sections 16.1-330.1 and 22.1-288.2 of the Code of Virginia by providing that school personnel are authorized to disclose identifying information from a student's scholastic record to members of the SHOCAP committee for the purpose of furthering the ability of the juvenile justice system to effectively serve the student prior to adjudication.
Status:
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 16:42
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Category 2007 Session
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Sen. McDougle's bill would amend section 18.2-46.1 of the Code of Virginia by allowing a person to be charged for criminal street gang participation for the first offense for specific drug-related activities. Currently, a person can only be charged for criminal street gang participation for a second or subsequent violation.
Status:
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 16:32
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Category 2007 Session
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Sen. McDougle's bill would amend section 19.2-243 of the Code of Virginia by adding the juvenile and domestic relations court to the speedy trial act such that a juvenile accused of committing a felony shall be forever discharged from prosecution for such offense if no trial is commenced in the circuit court by the requisite time period. Currently this Code provision only speaks to General District courts.
Status:
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 16:24
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Category 2007 Session
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Sen. Miller's bill would create a new provision in the Code of Virginia allowing local school boards to establish after school programs designed to prevent at-risk youth from engaging in illegal or gang-related activities for elementary, middle and high school students.
Status:
01/08/07: referred to the Senate Committee on Education and Health
01/12/07: assigned to the Senate Public Education subcommittee
2/01/07: Reported from Education and Health with amendment
2/01/07: Referred to Senate Finance
Click here to read the full text of SB 863
Posted by Alysha Fulkerson on Sun, 14 Jan 2007 16:04
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Category 2007 Session
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Sen. Stolle's bill would amend § 16.1-300 of the Code of Virginia to allow access to children's social, medical, psychiatric and psychological records without a court order, as is currently required, for any law-enforcement agency, attorney for the Commonwealth, school administration, or probation office having a legitimate interest in the case, the juvenile or the work of the court.
02/06/07: Left in Senate Courts of Justice.
Click here to read the full text of SB 1178.
Posted by Eileen Geller on Thu, 11 Jan 2007 20:32
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Category 2007 Session
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Proposed by Del. Kilgore, HB 1756l amends § 51.1-212 of the Code of Virginia to add parole and probation officers employed by the Dept. of Juvenile Justice to the list of members in the Virginia Law Officers Retirement System. A similar bill, SB 962, has been proposed by Sen. Quayle.
Status:
02/06/07: HB 1756 left in House Committee on Appropriations.
02/07/07: SB 962 left in Senate Finance Committee.
Click here to read the full text of HB 1756.
Click here to read the full text of SB 962.
Posted by Eileen Geller on Thu, 11 Jan 2007 20:18
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Category 2007 Session
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Del. Marsden's bill amends §16.1-300 of the Code of Virginia to allow the release of a juvenile's records for purposes of consideration of admission to a group home, residential facility, or post-dispositional facility.
Committee Update:
On the 1/29/07 agenda for the House Committee on Courts of Justice Subcommittee on Criminal Law.
On 02/02/07, the House Committee on Courts of Justice reported HB 2661 (21-Y 0-N).
On 02/06/07, passed House (99-Y 0-N).
On 02/07/07, referred to Senate Committee on Courts of Justice.
On the 02/14/07 docket for the Senate Committee on Courts of Justice.
On 02/15/07, reported from Senate Committee on Courts of Justice with amendment (13-Y, 2-N).
On 02/20/07, read for the third time in the Senate.
On 02/20/07, passed Senate with amendment (40-Y 0-N).
On 02/21/07, placed on House calendar.
On 02/22/07, Senate amendment agreed to by House (98-Y 0-N).
Click here to read the Senate amendment to HB 2661.
Click here to read the full text of HB 2661.
Posted by Eileen Geller on Thu, 11 Jan 2007 19:52
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Category 2007 Session
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Proposed by Del. McQuigg, HB 2053 amends § 16.1-272 of the Code of Virginia to provide that, upon a finding of guilty for a juvenile in a capital murder case, the court shall fix the juvenile's sentence without the intervention of a jury.
Committee Update:
On the 1/29/07 agenda for the House Committee on Courts of Justice Subcommittee on Criminal Law.
On 02/02/07, HB 2053 was reported from the House Committee on Courts of Justice (21-Y 0-N).
On 02/06/07, HB 2053 passed House (99-Y 0-N).
On 02/07/07, referred to Senate Committee Courts of Justice.
On the 02/12/07 docket for the Senate Committee on Courts of Justice. Committee meets at 8:00 a.m. in Senate Room A.
On 02/12/07, HB 2053 reported from Senate Committee on Courts of Justice (15-Y 0-N).
On 02/14/07, read for the third time in Senate.
On 02/14/07, passed Senate (40-Y 0-N).
Click here to read the full text of HB 2053.
Posted by Eileen Geller on Thu, 11 Jan 2007 19:48
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Category 2007 Session
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Introduced by Delegate Eisenberg, this bill requires that custodial interrogations of juveniles suspected of committing a violent juvenile felony are to be electronically recorded and that failure to record shall be a factor to be considered by the court regarding admissibility.
Committee Update:
On the 1/29/07 agenda for the House Committee on Courts of Justice Subcommitte on Criminal Law.
02/06/07: HB 1693 left in the House Committee on Courts of Justice Subcommittee on Criminal Law.
Click here to read the text of HB 1693.
Posted by Eileen Geller on Thu, 11 Jan 2007 19:42
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Category 2007 Session
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Proposed by Del. Marsden, HB 2660 would amend §§ 16.1-273 and 16.1-278.1 of the Code of Virginia to require a social history be prepared before any juvenile may be committed to the Department of Juvenile Justice.
Committee Update:
On the 1/29/07 agenda for the House Committee on Courts of Justice Subcommittee on Criminal Law.
On 02/02/07, the House Committee on Courts of Justice reported HB 2660 with amendments (21-Y 0-N).
On 02/06/07, HB 2660 passed House (99-Y 0-N).
On 02/07/07, referred to Senate Committee for Courts of Justice.
On the 02/14/07 docket for the Senate Committee for Courts of Justice.
On 02/15/07, reported from Senate Committee for Courts of Justice with amendment (13-Y 0-N).
On 02/20/07, read for the third time in the Senate.
On 02/20/07, Passed senate with amendment (40-Y 0-N).
On 02/21/07, placed on House calendar.
On 02/22/07, Senate amendment agreed to by House (97-Y 0-N).
Click here to read the House amendments to HB 2660.
Click here to read the Senate amendments to HB 2660.
Click here to read the full text of HB 2660.
Posted by Eileen Geller on Thu, 11 Jan 2007 09:16
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Category 2007 Session
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Del. Marsden's bill would create a new provision in the Code of Virginia requiring parole or probation officers to investigate the immigration status of any adult or juvenile convicted of participating in a criminal street gang. If the parole or probation officer discovers that the person is in the country illegally, the bill would require him to report the information to the U.S. Immigration and Customs Enforcement Agency, and he may report any information he has on other household members.
Committee Update:
On the 1/29/07 agenda for the House Committee on Courts of Justice Subcommittee on Criminal Law.
On 02/06/07, left in House Committee on Courts of Justice.
Click here to read the full text of HB 3006.
Posted by Eileen Geller on Thu, 11 Jan 2007 09:07
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Category 2007 Session
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This amendment to § 16.1-271 of the Code of Virginia, also known at the "once an adult, always an adult" provision, is sponsored by Del. Marsden. HB 3007 amends the current version of the code to require that a juvenile transferred to adult court be convicted before that juvenile is considered an adult for any subsequent offenses. Current judicial interpretation of § 16.1-271 requires only "trial or treatment" of a juvenile in adult court.
Committee Update:
1/29/07: Reported out of subcommittee unanimously. Sent on to the full House Committee on Courts of Justice.
02/02/07: Reported from the House Committee on Courts of Justice (21-Y 0-N).
02/06/07: Passed House (99-Y 0-N).
02/07/07: Referred to Senate Committee for Courts of Justice.
02/14/07: On the docket for the Senate Committee for Courts of Justice.
02/15/07: Reported from Senate Committee for Courts of Justice (13-Y 0-N).
02/20/07: Read for third time in Senate.
02/20/07: Passed Senate (40-Y 0-N).
Click here to read the full text of HB 3007.
Posted by Eileen Geller on Thu, 11 Jan 2007 08:53
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Category 2007 Session
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Tracking the Work of the Virginia Legislature on Juvenile Justice
E-mail: Mid-Atlantic Juvenile Defender Center