Bill Text: VA SB409 | 2010 | Regular Session | Chaptered
Bill Title: Circuit court; duties of clerk.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-10 - Governor: Acts of Assembly Chapter text (CHAP0352) [SB409 Detail]
Download: Virginia-2010-SB409-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§17.1-218, 17.1-229, 19.2-270.4, 19.2-310, 43-17.1, and 55-66.6 of the Code of Virginia are amended and reenacted as follows: §17.1-218. Certified lists of county, district, town and city officers, and constitutional officers; vacancies and appointments.
§17.1-229. Additional documents to be recorded in deed book. All deeds, homestead deeds and leases of personal property, bills of sale, and all other contracts or liens as to personal property, which are by law required or permitted to be recorded, all mechanics' liens, all other liens not directed to be recorded elsewhere and all other writings relating to or affecting personal property which are authorized to be recorded shall, unless otherwise provided, be recorded in the deed book and shall be indexed in the general index book; provided, however, the clerk may reject any writing for recordation that is not specifically authorized by law and set out in the Code of Virginia. §19.2-270.4. When donation, destruction, or return of exhibits received in evidence authorized. A. Except as provided in §19.2-270.4:1 and unless objection with sufficient cause is made, the trial court in any criminal case may order the donation or destruction of any or all exhibits received in evidence during the course of the trial (i) in any misdemeanor case, at any time after the expiration of the time for filing an appeal from the final judgment of the court if no appeal is taken or if an appeal is taken, at any time after exhaustion of all appellate remedies and (ii) in any felony case, upon notice in the sentencing order or otherwise to the attorney for the Commonwealth, the defendant at his last known address, and attorney of record for the defendant in the case, after more than one year has expired from exhaustion of all appellate remedies, or, if no appeal is taken, after more than one year from the time for seeking appellate remedies has expired; and in the event the defendant is found not guilty by a court of law, the court may, upon entry of the final order, order the destruction, donation, or return of the exhibits; provided, however, if a petition for writ of habeas corpus is filed within such one-year period, then such order shall not be entered until exhaustion of such habeas corpus proceedings. Notwithstanding the foregoing, in all cases concluded prior to July 1, 2005, the notice requirement in this section shall not apply. The order of donation or destruction may require that photographs be made of all exhibits ordered to be donated or destroyed and that such photographs be appropriately labeled for future identification. In addition, the order shall state the nature of the exhibit subject to donation or destruction, identify the case in which such exhibit was received and from whom such exhibit was received, if known, and the manner by which the exhibit is to be destroyed or to whom donated. However, any money introduced into evidence, unless it is stolen from a third party, shall be subject to forfeiture by law-enforcement officials as otherwise provided by law, and if no forfeiture action is taken or if funds remain after any such forfeiture, the clerk shall escheat such funds as otherwise provided by law. B. Except as provided in §19.2-270.4:1, a circuit court for good cause shown, on notice to the attorney for the Commonwealth and any attorney for a defendant in the case, may order the return of any or all exhibits to the owners thereof, notwithstanding the pendency of any appeal or petition for a writ of habeas corpus. The order may be upon such conditions as the court deems appropriate for future identification and inclusion in the record of a case subject to retrial. In addition, the owner shall acknowledge in a sworn affidavit to be filed with the record of the case, that he has retaken possession of such exhibit or exhibits. C. Any photographs taken pursuant to an order of donation or destruction or an order returning exhibits to the owners shall be retained with the record in the case and, if necessary, shall be admissible in any subsequent trial of the same cause, subject to all other rules of evidence. D. Upon petition of any organization which is exempt from taxation under §501 (c) (3) of the Internal Revenue Code, the court in its sound discretion may order the donation of an exhibit to such charitable organization. §19.2-310. Transfer of prisoners to custody of Director of Department of Corrections. Every person sentenced by a court to the Department of
Corrections upon conviction of a felony shall be conveyed to an appropriate
receiving unit operated by the Department in the manner hereinafter provided.
The clerk of the court in which the person is sentenced shall forthwith
transmit to the Central Criminal Records Exchange the report of dispositions
required by §19.2-390. The clerk of the court within thirty days from the date
of the judgment shall forthwith transmit to the Director of the Department a
certified copy or copies of the order of trial and a certified copy of the
complete final order, and if he fails to do so Following receipt of the order of trial and a certified copy of the complete final order, the Director or his designee shall dispatch a correctional officer to the county or city with a warrant directed to the sheriff authorizing him to deliver the prisoner to the correctional officer whose duty it shall be to take charge of the person and convey him to an appropriate receiving unit designated by the Director or his designee. The Director or his designee shall allocate space available in the receiving unit or units by giving first priority to the transportation, as the transportation facilities of the Department may permit, of those persons held in jails who in the opinion of the Director or his designee except as required by §53.1-20 require immediate transportation to a receiving unit. In making such a determination of priority, the Director shall give due regard to the capacity of local as well as state correctional facilities and, to the extent feasible, shall seek to balance between local and state correctional facilities the excess of prisoners requiring detention. §43-17.1. Hearing on validity of lien. Any party, having an interest in real property against which a
lien has been filed, may, upon a showing of good cause, petition the court of
equity having jurisdiction wherein the building, structure, other property, or
railroad is located to hold a hearing to determine the validity of any
perfected lien on the property. After reasonable notice to the lien claimant
and any party to whom the benefit of the lien would inure and who has given
notice as provided in §43-18 of the Code of Virginia, the court shall hold a
hearing and determine the validity of the lien. If the court finds that the
lien is invalid, it shall forthwith order that the memorandum or notice of lien
be §55-66.6. Recordation of certificate of satisfaction, etc., required when release of lien recorded. Whenever a release of a deed of trust or other obligation
shall be admitted to record in the office of the clerk of any circuit court,
such clerk shall record a certificate of satisfaction or certificate of partial
satisfaction, stating that such deed or other obligation is released. The fee
charged by the clerk for recording such release shall be paid by the lien
debtor. Such certificate shall be indexed in the name of the grantors and
grantees of the instrument being released. If any clerk fails for ten days to
do anything required of him by this section, he shall be liable for any damage
which any person may sustain by reason of such failure 2. That §20-32 of the Code of Virginia is repealed. |
