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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Tracking the Work of the Virginia Legislature on Juvenile Justice
E-mail: Mid-Atlantic Juvenile Defender Center