Virginia Senate Bill 1259 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on March 23 2023 - 100% progression
Action: 2023-03-23 - Governor: Acts of Assembly Chapter text (CHAP0315)
Text: Latest bill text (Chaptered) [HTML]

Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The bill provides that the attorney for the Commonwealth shall continue to represent the Commonwealth in any appeal regarding bail, bond, or recognizance before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The bill provides that the attorney for the Commonwealth shall continue to represent the Commonwealth in any appeal regarding bail, bond, or recognizance before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. The bill provides that the attorney for the Commonwealth shall represent the Commonwealth before the appellate courts on criminal pretrial petitions for appeal. The bill also provides that any appeal from any action collaterally attacking a criminal conviction lies directly to the Supreme Court. The bill eliminates the requirement that four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing in criminal pretrial appeals.

Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.

Sen. John Petersen [D]

2023-02-16 - House - House: VOTE: Passage (55-Y 43-N) (Y: 55 N: 43 NV: 0 Abs: 2) [PASS]
2023-02-13 - House - House: Reported from Courts of Justice (11-Y 8-N) (Y: 11 N: 8 NV: 0 Abs: 1) [PASS]
2023-02-06 - Senate - Senate: Passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-06 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-03 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2023-02-01 - Senate - Senate: Reported from Judiciary with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2023-03-23		Governor: Acts of Assembly Chapter text (CHAP0315)
2023-03-23		Governor: Approved by Governor-Chapter 315 (effective 7/1/23)
2023-03-02		Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-02	Senate	Enrolled Bill Communicated to Governor on March 2, 2023
2023-02-24	Senate	Signed by President
2023-02-21	House	Signed by Speaker
2023-02-21	Senate	Bill text as passed Senate and House (SB1259ER)
2023-02-21	Senate	Enrolled
2023-02-16	House	VOTE: Passage (55-Y 43-N)
2023-02-16	House	Passed House (55-Y 43-N)
2023-02-16	House	Passed by temporarily
2023-02-16	House	Read third time
2023-02-15	House	Read second time
2023-02-13	House	Reported from Courts of Justice (11-Y 8-N)
2023-02-10	House	Referred to Committee for Courts of Justice
2023-02-10	House	Read first time
2023-02-10	House	Placed on Calendar
2023-02-06	Senate	Passed Senate (39-Y 0-N)
2023-02-06	Senate	Constitutional reading dispensed (39-Y 0-N)
2023-02-06	Senate	Engrossed by Senate - committee substitute SB1259S1
2023-02-06	Senate	Committee substitute agreed to 23106017D-S1
2023-02-06	Senate	Reading of substitute waived
2023-02-06	Senate	Read second time
2023-02-03	Senate	Constitutional reading dispensed (38-Y 0-N)
2023-02-01	Senate	Committee substitute printed 23106017D-S1
2023-02-01	Senate	Reported from Judiciary with substitute (15-Y 0-N)
2023-01-10	Senate	Referred to Committee on the Judiciary
2023-01-10	Senate	Prefiled and ordered printed; offered 01/11/23 23102452D

HB2165 (Same As) 2023-03-23 - Governor: Acts of Assembly Chapter text (CHAP0314)

Chapter	Article	Section	Citation Type	Statute Text
15	2	1627	(n/a)	See Bill Text
17	1	407	(n/a)	See Bill Text
19	2	402	(n/a)	See Bill Text
19	2	404	(n/a)	See Bill Text
2	2	511	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB1259
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1259+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1259S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1259ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0315+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23106017D.pdf
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1259FS1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1259FER122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0133+SB1259
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0241SB1259+SB1259
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0276SB1259+SB1259
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0277SB1259+SB1259
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0255+SB1259
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1878+SB1259