VA SB489 | 2010 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 13 2010 - 25% progression, died in chamber
Action: 2010-02-08 - Senate: Passed by indefinitely in Courts of Justice (10-Y 4-N)
Text: Latest bill text (Prefiled) [HTML]

Summary

Juvenile court; interlocutory appeals by Commonwealth. Allows the Commonwealth to appeal a juvenile court suppression ruling to circuit court and the Court of Appeals. Upon the motion of the Commonwealth the juvenile court must stay the proceedings and issue a written statement of its findings of law and relevant facts in support of its suppression ruling and submit the case to the circuit court for a de novo hearing. The hearing has priority on the circuit court's docket and if it upholds the suppression ruling, the Commonwealth may appeal to the Court of Appeals. The bill applies in preliminary hearings, transfer hearings and trials in juvenile court where the offense would be a felony if committed by an adult and to rulings prohibiting the use of certain evidence on the grounds that the evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination. The bill also allows the time limitations on secure detention to be extended for the Commonwealth's appeal and provides that written court decisions of the Court of Appeals shall not contain the first or last name of the juvenile.

Tracking Information

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Title

Juvenile court; allows State to appeal a suppression ruling to circuit court and Court of Appeals.

Sponsors


Roll Calls

2010-02-08 - Senate - Senate: Passed by indefinitely in Courts of Justice (10-Y 4-N) (Y: 10 N: 4 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2010-02-08 Senate: Passed by indefinitely in Courts of Justice (10-Y 4-N)
2010-01-14 Senate: Assigned Courts sub: Criminal
2010-01-13 Senate: Referred to Committee for Courts of Justice
2010-01-13 Senate: Prefiled and ordered printed; offered 01/13/10 10101861D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
161277.1(n/a)See Bill Text
161277.2(n/a)See Bill Text
171406(n/a)See Bill Text
171413(n/a)See Bill Text

Virginia State Sources


Bill Comments

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