VA HB268 | 2024 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on April 3 2024 - 100% progression
Action: 2024-04-03 - Governor: Acts of Assembly Chapter text (CHAP0365)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on April 3 2024 - 100% progression
Action: 2024-04-03 - Governor: Acts of Assembly Chapter text (CHAP0365)
Text: Latest bill text (Chaptered) [HTML]
Summary
Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system. Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.
Title
Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim.
Sponsors
Roll Calls
2024-03-05 - House - House: VOTE: Adoption (100-Y 0-N) (Y: 100 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-04 - Senate - Senate: Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-03-01 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-28 - Senate - Senate: Reported from Courts of Justice with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Block Vote Passage (98-Y 0-N) (Y: 98 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice with substitute (21-Y 0-N) (Y: 21 N: 0 NV: 0 Abs: 1) [PASS]
2024-01-26 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
2024-03-04 - Senate - Senate: Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-03-01 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-28 - Senate - Senate: Reported from Courts of Justice with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Block Vote Passage (98-Y 0-N) (Y: 98 N: 0 NV: 0 Abs: 2) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice with substitute (21-Y 0-N) (Y: 21 N: 0 NV: 0 Abs: 1) [PASS]
2024-01-26 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-03 | Governor: Acts of Assembly Chapter text (CHAP0365) | |
| 2024-04-03 | Governor: Approved by Governor-Chapter 365 (effective 7/1/24) | |
| 2024-03-27 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-27 | House | Enrolled Bill communicated to Governor on March 27, 2024 |
| 2024-03-26 | House | Signed by Speaker |
| 2024-03-25 | Senate | Signed by President |
| 2024-03-25 | House | Bill text as passed House and Senate (HB268ER) |
| 2024-03-25 | House | Enrolled |
| 2024-03-05 | House | VOTE: Adoption (100-Y 0-N) |
| 2024-03-05 | House | Senate substitute agreed to by House 24107718D-S1 (100-Y 0-N) |
| 2024-03-04 | Senate | Passed Senate with substitute (39-Y 0-N) |
| 2024-03-04 | Senate | Engrossed by Senate - committee substitute HB268S1 |
| 2024-03-04 | Senate | Committee substitute agreed to 247107718D-S1 |
| 2024-03-04 | Senate | Reading of substitute waived |
| 2024-03-04 | Senate | Read third time |
| 2024-03-01 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-28 | Senate | Reported from Courts of Justice with substitute (15-Y 0-N) |
| 2024-02-28 | Senate | Committee substitute printed 24107718D-S1 |
| 2024-02-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-02-09 | Senate | Constitutional reading dispensed |
| 2024-02-08 | House | VOTE: Block Vote Passage (98-Y 0-N) |
| 2024-02-08 | House | Read third time and passed House BLOCK VOTE (98-Y 0-N) |
| 2024-02-07 | House | Engrossed by House - committee substitute HB268H1 |
| 2024-02-07 | House | Committee substitute agreed to 24106337D-H1 |
| 2024-02-07 | House | Read second time |
| 2024-02-06 | House | Read first time |
| 2024-02-02 | House | Committee substitute printed 24106337D-H1 |
| 2024-02-02 | House | Reported from Courts of Justice with substitute (21-Y 0-N) |
| 2024-01-26 | House | Subcommittee recommends reporting with substitute (8-Y 0-N) |
| 2024-01-23 | House | Assigned Courts sub: Criminal |
| 2024-01-05 | House | Referred to Committee for Courts of Justice |
| 2024-01-05 | House | Prefiled and ordered printed; offered 01/10/24 24101837D |
