SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
961746316Be 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 regarding any matter
concerning a possible violation of the laws of the Commonwealth of Virginia
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
regarding any matter concerning a possible violation of the laws of
the Commonwealth of Virginia 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.