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2007 SESSION

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Senate Committee on Courts of Justice
Subcommittee Involuntary Commitment

Blevins (Chairman), Saslaw, Howell, Cuccinelli

Clerk: Fred Hodnett, Richard Fiorella
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 31, 2007
Time and Place: Immediately after adjournment Senate Room A

S.B. 738 Psychiatric Inpatient Treatment of Minors Act; authorization of certain judges & special justices.

Patron: Cuccinelli

Psychiatric Inpatient Treatment of Minors Act; special justices.  Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

064689720

Impact Statements

S.B. 739 Psychiatric Inpatient Treatment of Minors Act; authorization of chief judges of judicial circuits.

Patron: Cuccinelli

Psychiatric Inpatient Treatment of Minors Act; special justices.  Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act. This bill also authorizes the chief judge of the 2nd Judicial Circuit (Virginia Beach, Northampton, and Accomack) and the chief judge of the 19th Judicial Circuit (Fairfax County) to appoint special justices for the purpose of performing duties required of a judge under this Act. Such appointed judges are to be paid by the locality in which the special justice was appointed. This bill also states that an emergency exists and that the bill shall go into effect from its passage.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

064690720

EMERGENCY

S.B. 741 Involuntary commitment hearings; law students may represent petitioner without practicing attorney.

Patron: Cuccinelli

Involuntary commitment hearings; law students.  Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance.

A BILL to amend and reenact § 54.1-3900 of the Code of Virginia, relating to the practice of law; third-year students.

072149720

S.B. 1269 Psychiatric Inpatient Treatment of Minors Act; authorization of certain judges & special justices.

Patron: Herring

Psychiatric Inpatient Treatment of Minors Act; special justices. Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

074464738