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2008 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Clerk: Angi Murphy
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: February 11, 2008
Time and Place: 8:00 a.m., Senate Room A, General Assembly Building
REVISED -- TIME CHANGE ONLY

S.B. 170

Patron: Blevins

Custody and visitation; modification based on active military duty. Provides that a court cannot modify a custody or visitation order when one parent is on active military duty; however, a court may enter a temporary order modifying the prior custody or visitation order if it is in the best interests of the child. Any such temporary order expires upon the termination of the parent's active military duty, and the prior order is reinstated. Any such temporary order may also include a delegation of the visitation rights of a parent on active military duty to another person with a legitimate interest.

S.B. 188

Patron: Herring

Virginia Military Parents Equal Protection Act; creation.  Creates the Virginia Military Parents Equal Protection Act which limits a court's ability to permanently modify orders regarding the custody, visitation, or support of a child due to changed circumstances resulting from one parent's military service. Any modifications made to such orders are only effective for the length of the parent's military service. The bill defines military service as a combat deployment, contingency operation, or natural disaster requiring the use of orders that do not permit any family member to accompany a parent who is in the military. The bill also imposes a duty on the parent not in the military to accommodate the rights and leave schedule of the other parent.

S.B. 337

Patron: Cuccinelli

Recording courtroom proceedings.  Provides that proceedings in general and juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices. The bill also provides that the proceedings in misdemeanor cases may be recorded in the same manner. The bill also imposes a fee of $50 upon any party who uses mechanical or electronic devices provided by the court to make a verbatim recording of the evidence and incidents of a trial or proceeding in both circuit and district courts. The fee shall be retained locally and paid into a special fund for the purpose of repairing, replacing, or supplementing such devices or to pay for the purchase price of such devices or for renovations to the courtroom necessary for the use of such devices.

S.B. 394

Patron: Edwards

Termination of parental rights; juvenile court as court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.

S.B. 451

Patron: Petersen

Diversion Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to determine suitability to participate in the Diversion Center Incarceration Program.

S.B. 454

Patron: Petersen

Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities.  Requires the owner to disclose to the purchaser prior to settlement the presence of any storm water detention facilities on the property.

S.B. 563

Patron: Obenshain

Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court. The Chief Justice, or any justice designated by him, shall then inquire into the cause of the delay and may designate a judge or retired judge of a court of record or take other appropriate action to assist the regular judge in the performance of his duties. Current law only provides that the Chief Justice, or any justice designated by him, shall inquire into the cause of a delay if a civil case has been held under advisement for an unreasonable length of time. This bill is a recommendation of the Boyd-Graves Conference.

S.B. 611

Patron: Stolle

Detention Center Incarceration Program.  Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to have the defendant's suitability to participate in the Detention Center Incarceration Program determined.

S.B. 623

Patron: Stolle

Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), or any felony offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person), any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall exist unless and until notification is received from the United States Immigration and Customs Enforcement that it does not intend to detain the person.

S.B. 634

Patron: Ticer

Supplementing compensation of public defenders. Permits counties or cities that have public defender offices to supplement, payable from their own funds, the compensation of the public defender or his deputies or employees in excess of the compensation fixed by the executive director of the Virginia Indigent Defense Commission.

S.B. 638

Patron: Ticer

Notification of service of protective order. Provides that persons who have obtained a protective order shall receive notice of the service of such order by the local police department, sheriff's office, or other law-enforcement agency that served the order on the person subject to the order. The notification may be made through the Virginia Statewide VINE (Virginia Information and Notification Everyday) System.

S.B. 725

Patron: Cuccinelli

Grounds for divorce; minor children.  Provides that a married couple who have minor children may not obtain a divorce based on separation if the other party files a written objection with the court.

S.B. 772

Patron: Hurt

Bail.  Allows the court to bar a person from returning to a workplace, or temporarily suspend a person from an office of public trust as a condition of bail.