VA HB2233 | 2021 | Regular Session

Note: Carry Foward to future HB2233

Status

Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Engrossed on January 26 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Text: Latest bill text (Engrossed) [HTML]

Summary

Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential. Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential.

Tracking Information

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Title

Orders of restitution; docketed on behalf of victim, enforcement.

Sponsors


Roll Calls

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-27 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2021-01-22 - House - House: Reported from Courts of Justice with amendment(s) (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-20 - House - House: Subcommittee recommends reporting with amendments (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-20 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
2021-01-28SenateReferred to Committee on the Judiciary
2021-01-28SenateConstitutional reading dispensed
2021-01-27HouseVOTE: Block Vote Passage (99-Y 0-N)
2021-01-27HouseRead third time and passed House BLOCK VOTE (99-Y 0-N)
2021-01-26HousePrinted as engrossed 21101548D-E
2021-01-26HouseEngrossed by House as amended HB2233E
2021-01-26HouseCommittee amendments agreed to
2021-01-26HouseRead second time
2021-01-25HouseRead first time
2021-01-22HouseReported from Courts of Justice with amendment(s) (22-Y 0-N)
2021-01-20HouseSubcommittee recommends reporting with amendments (8-Y 0-N)
2021-01-20HouseSubcommittee recommends reporting (8-Y 0-N)
2021-01-19HouseAssigned Courts sub: Criminal
2021-01-13HouseReferred to Committee for Courts of Justice
2021-01-13HousePrefiled and ordered printed; offered 01/13/21 21101548D

Same As/Similar To

HB2233 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192305.1(n/a)See Bill Text
192305.2(n/a)See Bill Text
192349(n/a)See Bill Text
192354(n/a)See Bill Text

Virginia State Sources


Bill Comments

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