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2010 SESSION
10105963DBe 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.
The clerk of the circuit court of each Each county,
incorporated town and city shall annually, by July 1, send to the Secretary
of the Commonwealth a list of all county, district, incorporated town and city
officers and all constitutional officers of the Commonwealth, serving in and
for their respective counties, incorporated towns and cities. When a vacancy
occurs in any such office the clerk locality shall notify the
Secretary of the Commonwealth within ten days and shall likewise notify the
Secretary of the election or appointment and qualification of any officer to
fill such vacancy within ten days after the qualification of such officer. All
such lists and notices sent to the Secretary of the Commonwealth shall be
certified by the clerk county executive or the county, town or city
manager or their designee.
§ 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 shall only record writings 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 he shall forfeit $100. Such copy or
copies shall contain, as nearly as ascertainable, the birth date of the person
sentenced. The sheriff shall certify to the Director of the Department any jail
credits to which the person to be confined is entitled at such time as that
person is transferred to the custody of the Director of the Department.
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 removed released from record.
§ 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 and shall pay a fine
of not less than $25 nor more than $100.
2. That § 20-32 of the Code of Virginia is repealed.