Bill Text: VA SB489 | 2010 | Regular Session | Prefiled
Bill Title: Juvenile court; allows State to appeal a suppression ruling to circuit court and Court of Appeals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-08 - Senate: Passed by indefinitely in Courts of Justice (10-Y 4-N) [SB489 Detail]
Download: Virginia-2010-SB489-Prefiled.html
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10101861D Be it enacted by the General Assembly of Virginia: 1. That §§16.1-277.1, 17.1-406 and 17.1-413 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 8 of Chapter 11 of Title 16.1 a section numbered 16.1-277.2 as follows: §16.1-277.1. Time limitation. A. When a child is held continuously in secure detention, he shall be released from confinement if there is no adjudicatory or transfer hearing conducted by the court for the matters upon which he was detained within twenty-one days from the date he was first detained. B. If a child is not held in secure detention or is released from same after having been confined, an adjudicatory or transfer hearing on the matters charged in the petition or petitions issued against him shall be conducted within 120 days from the date the petition or petitions are filed. C. When a child is held in secure detention after the completion of his adjudicatory hearing or is detained when the juvenile court has retained jurisdiction as a result of a transfer hearing, he shall be released from such detention if the disposition hearing is not completed within thirty days from the date of the adjudicatory or transfer hearing. D. The time limitations provided for in this section shall be
tolled during any period in which (i) the whereabouts of the child are unknown,
(ii) the child has escaped from custody, §16.2-277.2. Commonwealth's appeals. A. In any trial of, preliminary hearing for, or transfer hearing for an offense that would be a felony if committed by an adult in a juvenile and domestic relations district court, motions or objections seeking suppression of evidence on the grounds such 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 shall be raised by motion or objection filed in writing in the court and notice given to opposing counsel not later than seven days before trial or hearing. The juvenile court may, however, for good cause shown and in the interest of justice, permit the motions or objections to be raised at a later time. B. If in any case involving an offense that would be a felony if committed by an adult, a juvenile court rules that 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, it shall upon motion of the Commonwealth, stay the proceedings and issue a written statement of law and relevant facts, if any, in support of its ruling and shall transmit the case, together with all papers, documents, and evidence connected therewith, to the circuit court for a de novo hearing and ruling on whether such evidence was obtained in violation of those provisions. The circuit court shall give such hearing priority on its docket. If the circuit court rules that evidence was obtained in violation of those provisions, the Commonwealth may appeal such interlocutory order to the Court of Appeals pursuant to the provisions of Chapter 25 (§19.2-398 et seq.) of Title 19.2; however, if the circuit court rules that evidence was not obtained in violation of those provisions, the circuit court shall forthwith remand the case to the juvenile court for trial, preliminary hearing, or transfer hearing consistent with the ruling of the circuit court. C. Upon the entry of any order of the juvenile court prohibiting the use of certain evidence on the grounds such 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 pursuant to this section, if the juvenile moves the court for release from detention, the juvenile court shall review the juvenile's detention status pending appeal to a circuit court. The burden shall be on the Commonwealth to show good cause why the juvenile should be held pursuant to the provisions of §16.1-248.1. D. Upon the reversal of a juvenile court's order by a circuit court, the Commonwealth may move the circuit court for a detention status review, and the circuit court shall entertain the motion. The Commonwealth shall carry no burden to show good cause why the juvenile should not be placed in detention pursuant to § 16.1-248.1. §17.1-406. Petitions for appeal; cases over which Court of Appeals does not have jurisdiction. A. Any aggrieved party may present a petition for appeal to the Court of Appeals from (i) any final conviction in a circuit court of a traffic infraction or a crime, except where a sentence of death has been imposed, (ii) any final decision of a circuit court on an application for a concealed weapons permit pursuant to subsection D of §18.2-308, (iii) any final order of a circuit court involving involuntary treatment of prisoners pursuant to §53.1-40.1, or (iv) any final order for declaratory or injunctive relief under §57-2.02. The Commonwealth or any county, city or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under §19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to §16.1-277.2 or 19.2-398. B. In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a conviction in which a sentence of death is imposed, from a final decision, judgment or order of a circuit court involving a petition for a writ of habeas corpus, from any final finding, decision, order, or judgment of the State Corporation Commission, and from proceedings under §§54.1-3935 and 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection. §17.1-413. Opinions; reporting, printing and electronic publication. A. The Court of Appeals shall state in writing the reasons for its decision (i) rejecting a petition for appeal or (ii) deciding a case after hearing. Subject to rules promulgated under §17.1-403 the Court in its discretion may render its decision by order or memorandum opinion. All orders and opinions of the Court of Appeals shall be preserved with the record of the case. Opinions designated by the Court of Appeals as having precedential value or as otherwise having significance for the law or legal system shall be expeditiously reported in separate Court of Appeals Reports in the same manner as the decisions and opinions of the Supreme Court. The clerk of the Court of Appeals shall retain in the clerk's office a list and brief summary of the case for all unpublished decisions and opinions of the Court of Appeals. The list of cases and summary shall be made available to any person upon request. B. The Executive Secretary of the Supreme Court shall contract for the printing of the reports of the Supreme Court and the Court of Appeals and for the advance sheets of each court. He shall select a printer for the reports and prescribe such contract terms as will ensure issuance of the reports as soon as practicable after a sufficient number of opinions are filed. He shall make such contracts after consultation with the Department of General Services and shall distribute these reports in accordance with the applicable provisions of law. He shall also provide for the electronic publication on the Internet of the opinions of the Supreme Court and Court of Appeals subject to conditions and restrictions established by each court regarding the electronic publication of its opinions. C. In an appeal taken pursuant to §16.1-277.2, no written decision shall contain the first or last name of the juvenile. |
