VA HB2112 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on January 12 2021 - 25% progression, died in committee
Action: 2021-02-05 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Court of Appeals; jurisdiction; number of judges. Expands the jurisdiction of the Court of Appeals of Virginia by providing for an appeal of right in every civil case and provides that the granting of further appeal to the Supreme Court of Virginia shall be within the discretion of the Supreme Court. The bill provides for an appeal of right in criminal cases by a defendant, but leaves unchanged the current requirement that in criminal cases the Commonwealth must petition the Court of Appeals for granting of an appeal. The bill increases from 11 to 15 the number of judges on the Court of Appeals. The bill also (i) provides jurisdiction to the Court of Appeals over interlocutory appeals and petitions for review of injunctions; (ii) allows for oral arguments to be dispensed with if the panel of judges makes a unanimous decision that the appeal is frivolous or that the dispositive issues on appeal have already been authoritatively decided; (iii) creates a process by which the Attorney General will be notified of any criminal appeal and has the opportunity to intervene as counsel of record by filing a notice of appearance, and allows the Commonwealth's attorney to be counsel of record provided the Attorney General has not filed such notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires the clerk of the circuit court to prepare a transcript of any trial for which an appeal is noticed to him; and (vi) requires an expedited review of appeals of permanent protective orders and of bond validation proceedings. Court of Appeals; jurisdiction; number of judges. Expands the jurisdiction of the Court of Appeals of Virginia by providing for an appeal of right in every civil case and provides that the granting of further appeal to the Supreme Court of Virginia shall be within the discretion of the Supreme Court. The bill provides for an appeal of right in criminal cases by a defendant, but leaves unchanged the current requirement that in criminal cases the Commonwealth must petition the Court of Appeals for granting of an appeal. The bill increases from 11 to 15 the number of judges on the Court of Appeals. The bill also (i) provides jurisdiction to the Court of Appeals over interlocutory appeals and petitions for review of injunctions; (ii) allows for oral arguments to be dispensed with if the panel of judges makes a unanimous decision that the appeal is frivolous or that the dispositive issues on appeal have already been authoritatively decided; (iii) creates a process by which the Attorney General will be notified of any criminal appeal and has the opportunity to intervene as counsel of record by filing a notice of appearance, and allows the Commonwealth's attorney to be counsel of record provided the Attorney General has not filed such notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires the clerk of the circuit court to prepare a transcript of any trial for which an appeal is noticed to him; and (vi) requires an expedited review of appeals of permanent protective orders and of bond validation proceedings.

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Title

Court of Appeals; expands jurisdiction, increases from 11 to 15 number of judges on Court.

Sponsors


History

DateChamberAction
2021-02-05HouseLeft in Courts of Justice
2021-01-12HouseReferred to Committee for Courts of Justice
2021-01-12HousePrefiled and ordered printed; offered 01/13/21 21102724D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
1521627(n/a)See Bill Text
1521643(n/a)See Bill Text
1522139(n/a)See Bill Text
1522140(n/a)See Bill Text
1522656(n/a)See Bill Text
1523104(n/a)See Bill Text
1523217(n/a)See Bill Text
1523221(n/a)See Bill Text
1523222(n/a)See Bill Text
1523227(n/a)See Bill Text
1523244(n/a)See Bill Text
1523308(n/a)See Bill Text
1523528(n/a)See Bill Text
1523605(n/a)See Bill Text
1523809(n/a)See Bill Text
1523909(n/a)See Bill Text
1524108(n/a)See Bill Text
1524120(n/a)See Bill Text
1525218(n/a)See Bill Text
1525367(n/a)See Bill Text
1526606(n/a)See Bill Text
1526632(n/a)See Bill Text
1527406(n/a)See Bill Text
161279.1(n/a)See Bill Text
171309(n/a)See Bill Text
171400(n/a)See Bill Text
171403(n/a)See Bill Text
171405(n/a)See Bill Text
171408(n/a)See Bill Text
171410(n/a)See Bill Text
171413(n/a)See Bill Text
171503(n/a)See Bill Text
171513(n/a)See Bill Text
182308.08(n/a)See Bill Text
182384(n/a)See Bill Text
192152.10(n/a)See Bill Text
192321(n/a)See Bill Text
192321.1(n/a)See Bill Text
192321.2(n/a)See Bill Text
192322.1(n/a)See Bill Text
192386.13(n/a)See Bill Text
192402(n/a)See Bill Text
192403(n/a)See Bill Text
192404(n/a)See Bill Text
22511(n/a)See Bill Text
221289.024(n/a)See Bill Text
22197(n/a)See Bill Text
242237(n/a)See Bill Text
242422(n/a)See Bill Text
242433(n/a)See Bill Text
251239(n/a)See Bill Text
32148.010(n/a)See Bill Text
32148.013(n/a)See Bill Text
332928(n/a)See Bill Text
801267.8(n/a)See Bill Text
80136(n/a)See Bill Text
801383.1(n/a)See Bill Text
801555(n/a)See Bill Text
801626(n/a)See Bill Text
801670(n/a)See Bill Text
801671(n/a)See Bill Text
801675.3(n/a)See Bill Text
801676.1(n/a)See Bill Text
91909(n/a)See Bill Text

Virginia State Sources


Bill Comments

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