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2010 SESSION
SB 409 Circuit court; duties of clerk.
Introduced by: Jill Holtzman Vogel | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Duties of the clerk of the circuit court. Allows the court to order the immediate destruction, donation, or return of evidence where a defendant is found not guilty, and allows the clerk to do the same for cases concluded prior to July 1, 2005, without having to give specific notice, and requires the clerk to escheat all cash funds left over once forfeiture has concluded. The bill relieves the clerk of certifying local officers lists to the Secretary of the Commonwealth, by imposing that requirement on the locality itself. The bill requires that the clerk may reject any writing for recordation that is not specifically required by law to be recorded. The bill also repeals several small monetary forfeitures imposed on the clerk for failure to (i) record certificates of satisfaction as required, and (ii) perform any duty generally. The bill also reduces from $100 to $50 a monetary forfeiture imposed on the clerk for failure to provide the Department of Corrections with copies of orders.
SUMMARY AS PASSED SENATE:
Duties of the clerk of the circuit court. Allows the court to order the immediate destruction, donation, or return of evidence where a defendant is found not guilty, and allows the clerk to do the same for cases concluded prior to July 1, 2008, without having to give specific notice, and requires the clerk to escheat all cash funds left over once forfeiture has concluded. The bill relieves the clerk of certifying local officers lists to the Secretary of the Commonwealth, by imposing that requirement on the locality itself, and of maintaining a list or book of local active volunteer fire fighters, by imposing that duty on the state Department of Fire Programs. The bill requires the clerk to record only those writings specifically required by law to be recorded. The bill also repeals several small monetary forfeitures imposed on the clerk for failure to (i) provide the Department of Corrections with copies of orders, (ii) record certificates of satisfaction as required, and (iii) perform any duty generally.
SUMMARY AS INTRODUCED:
Duties of the clerk of the circuit court. Allows the court to order the immediate destruction, donation, or return of evidence where a defendant is found not guilty, and allows the clerk to do the same for cases concluded prior to July 1, 2008, without having to give specific notice, and requires the clerk to escheat all cash funds left over once forfeiture has concluded. The bill requires the clerk to keep his office open during convenient hours during those days on which that office is required to be open, and relieves the clerk of certifying local officers lists to the Secretary of the Commonwealth, by imposing that requirement on the locality itself, and of maintaining a list or book of local active volunteer fire fighters, by imposing that duty on the state Department of Fire Programs. The bill requires the clerk to record only those writings specifically required by law to be recorded. The bill also repeals several small monetary forfeitures imposed on the clerk for failure to (i) provide the Department of Corrections with copies of orders, (ii) record certificates of satisfaction as required, and (iii) perform any duty generally.