Virginia Senate Bill 1426 (Prior Session Legislation)

---

Spectrum: Bipartisan Bill
Status: Engrossed on February 3 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]

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.

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

Sen. William Stanley [R]

Sen. Jennifer McClellan [D]

2021-02-03 - Senate - Senate: Passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-02 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 0 Abs: 3) [PASS]
2021-02-01 - Senate - Senate: Reported from Judiciary with amendments (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-02-08	House	Continued to Special Session 1 in Courts of Justice by voice vote
2021-02-05	House	Referred to Committee for Courts of Justice
2021-02-05	House	Read first time
2021-02-05	House	Placed on Calendar
2021-02-03	Senate	Passed Senate (39-Y 0-N)
2021-02-03	Senate	Constitutional reading dispensed (39-Y 0-N)
2021-02-03	Senate	Printed as engrossed 21101671D-E
2021-02-03	Senate	Engrossed by Senate as amended SB1426E
2021-02-03	Senate	Committee amendments agreed to
2021-02-03	Senate	Reading of amendments waived
2021-02-03	Senate	Read second time
2021-02-02	Senate	Constitutional reading dispensed (36-Y 0-N)
2021-02-01	Senate	Reported from Judiciary with amendments (14-Y 0-N)
2021-01-14	Senate	Referred to Committee on the Judiciary
2021-01-14	Senate	Presented and ordered printed 21101671D

SB1426 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote

Chapter	Article	Section	Citation Type	Statute Text
19	2	305.1	(n/a)	See Bill Text
19	2	305.2	(n/a)	See Bill Text
19	2	349	(n/a)	See Bill Text
19	2	354	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1426
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1426+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1426E+hil
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+SB1426AS
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21103813A.pdf
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0115+SB1426
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0257SB1426+SB1426
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0285SB1426+SB1426
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0286SB1426+SB1426