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1995 SESSION
LD7188316Be it enacted by the General Assembly of Virginia:
1. That § 16.1-302 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 16.1-302. Dockets, indices and order books; hearings and records private; right to public hearing; presence of juvenile in court.
Every juvenile court shall keep a separate docket of cases arising under this law.
Every circuit court shall keep a separate docket, index, and, for entry of its orders, a separate order book or file for cases on appeal from the juvenile court except: (i) cases involving support pursuant to § 20-61 or subdivisions A 3, F or L of § 16.1-241; (ii) cases involving criminal offenses committed by adults which are commenced on a warrant or a summons as described in Title 19.2; and (iii) cases involving civil commitments of adults pursuant to Title 37.1. Such cases shall be docketed on the appropriate docket and the orders in such cases shall be entered in the appropriate order book as used with similar cases commenced in circuit court.
The general public shall not be excluded from all
any juvenile court hearings and only such persons admitted as the
judge shall deem proper, except that in unless the judge, in his
discretion, determines all of the following: (i) that the matter pending
before him is not one of public interest and concern, (ii) that one of the
parties is a juvenile, and (iii) that maintaining confidentiality would
further the goal of the juvenile system of rehabilitation and treatment of
the juvenile before the court. In any hearing held for the purpose of
adjudicating the alleged violation of any criminal law, or law defining a
traffic infraction, the child juvenile or adult so
charged shall have a right to be present and shall have the right to a public
hearing unless expressly waived by such person.
The chief judge may provide by rule that any juvenile licensed to operate a
motor vehicle who has been charged with a traffic infraction may waive court
appearance and admit to the infraction or infractions charged if he or she
and a parent, legal guardian, or person standing in loco parentis to the
juvenile appear in person at the court or before a magistrate or sign and
either mail or deliver to the court or magistrate a written form of
appearance, plea and waiver, provided that the written form contains the
notarized signature of the parent, legal guardian, or person standing in loco
parentis to the juvenile. An emancipated juvenile charged with a traffic
infraction shall have the opportunity to waive court appearance and admit to
the infraction or infractions if he or she appears in person at the court or
before a magistrate or signs and either mails or delivers to the court or
magistrate a written form of appearance, plea, and waiver, provided that the
written plea form containing the signature of the emancipated juvenile is
accompanied by a notarized sworn statement which details the facts supporting
the claim of emancipated status. Whenever the sole purpose of a proceeding is
to determine the custody of a child juvenile of tender
years, the presence of such child juvenile in court
may be waived by the judge at any stage thereof.
§ 16.1-302. (Delayed effective date) Dockets, indices and order books; hearings and records private; right to public hearing; presence of juvenile in court.
Every family court shall keep a separate docket of cases arising under this law.
Every circuit court shall keep a separate docket, index, and, for entry of its orders, a separate order book or file for cases on appeal from the family court except: (i) cases involving support pursuant to § 20-61; (ii) cases involving criminal offenses committed by adults which are commenced on a warrant or a summons as described in Title 19.2; and (iii) cases involving civil commitments of adults pursuant to Title 37.1. Such cases shall be docketed on the appropriate docket and the orders in such cases shall be entered in the appropriate order book as used with similar cases commenced in circuit court.
The general public shall not be excluded from all
any family court hearings and only such persons admitted as the
judge shall deem proper, except that (i) this provision shall not apply to
unless the judge, in his discretion, determines all of the
following: (i) that the matter pending before him is not one of public
interest and concern, (ii) that one of the parties is a juvenile, and (iii)
that maintaining confidentiality would further the goal of the juvenile
system of rehabilitation and treatment of the juvenile before the court. The
court shall not exclude the general public under any circumstances for
cases for involving divorce, annulment or
affirmation of marriage, separate maintenance, equitable distribution based
on a foreign decree, change of name, amendment of a birth certificate, or
judicial review of school board actions or of hearing officer decisions;
and (ii) in. In any hearing held for the purpose of
adjudicating the alleged violation of any criminal law, or law defining a
traffic infraction, the child juvenile or adult so
charged shall have a right to be present and shall have the right to a public
hearing unless expressly waived by such person.
The chief judge may provide by rule that any juvenile licensed to operate a
motor vehicle who has been charged with a traffic infraction may waive court
appearance and admit to the infraction or infractions charged if he or she
and a parent, legal guardian, or person standing in loco parentis to the
juvenile appear in person at the court or before a magistrate or sign and
either mail or deliver to the court or magistrate a written form of
appearance, plea and waiver, provided that the written form contains the
notarized signature of the parent, legal guardian, or person standing in loco
parentis to the juvenile. An emancipated juvenile charged with a traffic
infraction shall have the opportunity to waive court appearance and admit to
the infraction or infractions if he or she appears in person at the court or
before a magistrate or signs and either mails or delivers to the court or
magistrate a written form of appearance, plea, and waiver, provided that the
written plea form containing the signature of the emancipated juvenile is
accompanied by a notarized sworn statement which details the facts supporting
the claim of emancipated status. Whenever the sole purpose of a proceeding is
to determine the custody of a child juvenile of tender
years, the presence of such child juvenile in court may
be waived by the judge at any stage thereof.