Mid-Atlantic Juvenile Defender Center

HB 496 Crimes by Gangs Act; definition of predicate criminal act.

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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HB 531 Gang-related criminal information; law-enforcement agencies to forward to Dept. of State Police.

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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HB 658 Preliminary hearings; court reporter or mechanical or electronic device to record.

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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HB 916 and SB 181 Supreme Court; circuit court case management system changes to be approved by Executive Secretary.

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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HB 1131 Children’s Ombudsman, Office of; created, report.

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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HB 1568 Makes the review of a transfer decision a de novo review

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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HB 1519 Allows juveniles 11-13 years ordinarily in a correctional facility to be released to a detention center

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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HB 659 would require motions to suppress evidence and defense objections based on constitutional violations to be stated with particularity

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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HJ 179 requests the Board of Education to initiate a study to improve truancy and dropout rates

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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HJ 215 would create a subcommittee to study mental health services in jail facilities

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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HB 1209 provides for deferred disposition in criminal cases

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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HB 1207 would permit juveniles serving blended sentences to gain earned sentence credits for time served in juvenile facilities

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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HB 1426 will allow proceedings in J&DR Courts to be recorded

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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HB 808 provides for informed parental consent in special education services

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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