Virginia Senate Bill 1261 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 3-0)
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote
Text: Latest bill text (Engrossed) [HTML]

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 17 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 wholly without merit or that the dispositive issues on appeal have already been authoritatively decided and the appellant has not argued that the case law should be overturned, extended, or reversed; (iii) provides that the Attorney General shall represent the Commonwealth in criminal appeals unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the case files a notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires all criminal cases in a court of record to be recorded and 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. The bill has a delayed effective date of October 1, 2021, which is applicable to all provisions of the bill except for those increasing the number of judges on the Court of Appeals. The provisions of the bill are contingent on funding in a general appropriation act. 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 17 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 wholly without merit or that the dispositive issues on appeal have already been authoritatively decided and the appellant has not argued that the case law should be overturned, extended, or reversed; (iii) provides that the Attorney General shall represent the Commonwealth in criminal appeals unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the case files a notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires all criminal cases in a court of record to be recorded and 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. The bill has a delayed effective date of October 1, 2021, which is applicable to all provisions of the bill except for those increasing the number of judges on the Court of Appeals. The provisions of the bill are contingent on funding in a general appropriation act.

Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court.

Sen. John Edwards [D]

Sen. Joseph Morrissey [D]

Sen. Scott Surovell [D]

2021-02-05 - Senate - Senate: Read third time and passed Senate (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 2) [PASS]
2021-02-02 - Senate - Senate: Reported from Finance and Appropriations with amendment (11-Y 5-N) (Y: 11 N: 5 NV: 0 Abs: 0) [PASS]
2021-01-25 - Senate - Senate: Reported from Judiciary with substitute (8-Y 6-N 1-A) (Y: 8 N: 6 NV: 1 Abs: 0) [PASS]

Date	Chamber	Action
2021-02-08	House	Continued to Special Session 1 in Courts of Justice by voice vote
2021-02-07	House	Referred to Committee for Courts of Justice
2021-02-07	House	Read first time
2021-02-07	House	Placed on Calendar
2021-02-05	Senate	Read third time and passed Senate (21-Y 18-N)
2021-02-04	Senate	Printed as engrossed 21103599D-ES1
2021-02-04	Senate	Engrossed by Senate - committee substitute with amendment SB1261ES1
2021-02-04	Senate	Committee amendment agreed to
2021-02-04	Senate	Reading of amendment waived
2021-02-04	Senate	Committee substitute agreed to 21103599D-S1
2021-02-04	Senate	Reading of substitute waived
2021-02-04	Senate	Read second time
2021-02-03	Senate	Constitutional reading dispensed (37-Y 0-N)
2021-02-02	Senate	Reported from Finance and Appropriations with amendment (11-Y 5-N)
2021-01-25	Senate	Rereferred to Finance and Appropriations
2021-01-25	Senate	Committee substitute printed 21103599D-S1
2021-01-25	Senate	Reported from Judiciary with substitute (8-Y 6-N 1-A)
2021-01-12	Senate	Referred to Committee on the Judiciary
2021-01-12	Senate	Prefiled and ordered printed; offered 01/13/21 21101357D

SB1261 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote

Chapter	Article	Section	Citation Type	Statute Text
15	2	1627	(n/a)	See Bill Text
15	2	1643	(n/a)	See Bill Text
15	2	2139	(n/a)	See Bill Text
15	2	2140	(n/a)	See Bill Text
15	2	2656	(n/a)	See Bill Text
15	2	3104	(n/a)	See Bill Text
15	2	3217	(n/a)	See Bill Text
15	2	3221	(n/a)	See Bill Text
15	2	3222	(n/a)	See Bill Text
15	2	3227	(n/a)	See Bill Text
15	2	3244	(n/a)	See Bill Text
15	2	3308	(n/a)	See Bill Text
15	2	3528	(n/a)	See Bill Text
15	2	3605	(n/a)	See Bill Text
15	2	3809	(n/a)	See Bill Text
15	2	3909	(n/a)	See Bill Text
15	2	4108	(n/a)	See Bill Text
15	2	4120	(n/a)	See Bill Text
15	2	5218	(n/a)	See Bill Text
15	2	5367	(n/a)	See Bill Text
15	2	6606	(n/a)	See Bill Text
15	2	6632	(n/a)	See Bill Text
15	2	7406	(n/a)	See Bill Text
16	1	279.1	(n/a)	See Bill Text
17	1	309	(n/a)	See Bill Text
17	1	400	(n/a)	See Bill Text
17	1	403	(n/a)	See Bill Text
17	1	405	(n/a)	See Bill Text
17	1	408	(n/a)	See Bill Text
17	1	410	(n/a)	See Bill Text
17	1	413	(n/a)	See Bill Text
17	1	503	(n/a)	See Bill Text
17	1	513	(n/a)	See Bill Text
18	2	308.08	(n/a)	See Bill Text
18	2	384	(n/a)	See Bill Text
19	2	152.10	(n/a)	See Bill Text
19	2	321	(n/a)	See Bill Text
19	2	321.1	(n/a)	See Bill Text
19	2	321.2	(n/a)	See Bill Text
19	2	322.1	(n/a)	See Bill Text
19	2	386.13	(n/a)	See Bill Text
19	2	402	(n/a)	See Bill Text
19	2	403	(n/a)	See Bill Text
19	2	404	(n/a)	See Bill Text
2	2	511	(n/a)	See Bill Text
22	1	289.024	(n/a)	See Bill Text
22	1	97	(n/a)	See Bill Text
24	2	237	(n/a)	See Bill Text
24	2	422	(n/a)	See Bill Text
24	2	433	(n/a)	See Bill Text
25	1	239	(n/a)	See Bill Text
32	1	48.010	(n/a)	See Bill Text
32	1	48.013	(n/a)	See Bill Text
33	2	2917	(n/a)	See Bill Text
33	2	928	(n/a)	See Bill Text
37	2	920	(n/a)	See Bill Text
45	1	161.322	(n/a)	See Bill Text
55	1	1833	(n/a)	See Bill Text
55	1	1966	(n/a)	See Bill Text
55	1	2211	(n/a)	See Bill Text
58	1	1828	(n/a)	See Bill Text
58	1	2282	(n/a)	See Bill Text
58	1	3147	(n/a)	See Bill Text
58	1	3992	(n/a)	See Bill Text
58	1	527	(n/a)	See Bill Text
63	2	1710	(n/a)	See Bill Text
8	01	267.8	(n/a)	See Bill Text
8	01	36	(n/a)	See Bill Text
8	01	383.1	(n/a)	See Bill Text
8	01	555	(n/a)	See Bill Text
8	01	626	(n/a)	See Bill Text
8	01	670	(n/a)	See Bill Text
8	01	670.1	(n/a)	See Bill Text
8	01	671	(n/a)	See Bill Text
8	01	672	(n/a)	See Bill Text
8	01	675.3	(n/a)	See Bill Text
8	01	675.5	(n/a)	See Bill Text
8	01	675.6	(n/a)	See Bill Text
8	01	676.1	(n/a)	See Bill Text
9	1	909	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1261
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1261+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1261S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1261ES1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21103599D.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+SB1261AS
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1261FS1122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0071+SB1261
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S05V0097+SB1261
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0288SB1261+SB1261
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0340SB1261+SB1261