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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
SUMMARY AS PASSED: (all summaries)
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.
FULL TEXT
- 01/13/10 Senate: Prefiled and ordered printed; offered 01/13/10 10100685D pdf
- 02/08/10 Senate: Committee substitute printed 10104998D-S1 pdf
- 02/10/10 Senate: Printed as engrossed 10104998D-ES1 pdf
- 03/08/10 House: Committee substitute printed 10105963D-H1 pdf
- 03/22/10 Senate: Bill text as passed Senate and House (SB409ER) pdf | impact statement
- 04/10/10 Governor: Acts of Assembly Chapter text (CHAP0352) pdf
AMENDMENTS
HISTORY
- 01/13/10 Senate: Prefiled and ordered printed; offered 01/13/10 10100685D
- 01/13/10 Senate: Referred to Committee for Courts of Justice
- 01/14/10 Senate: Assigned Courts sub: Civil
- 02/08/10 Senate: Reported from Courts of Justice with substitute (13-Y 0-N)
- 02/08/10 Senate: Committee substitute printed 10104998D-S1
- 02/09/10 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/10/10 Senate: Read second time
- 02/10/10 Senate: Reading of substitute waived
- 02/10/10 Senate: Committee substitute agreed to 10104998D-S1
- 02/10/10 Senate: Reading of amendments waived
- 02/10/10 Senate: Amendments by Senator Edwards agreed to
- 02/10/10 Senate: Engrossed by Senate - committee substitute with amendments SB409ES1
- 02/10/10 Senate: Printed as engrossed 10104998D-ES1
- 02/11/10 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/16/10 House: Placed on Calendar
- 02/16/10 House: Read first time
- 02/16/10 House: Referred to Committee for Courts of Justice
- 02/17/10 House: Assigned Courts sub: #4 Judicial Systems
- 03/08/10 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
- 03/08/10 House: Reported from Courts of Justice with substitute (21-Y 0-N)
- 03/08/10 House: Committee substitute printed 10105963D-H1
- 03/09/10 House: Read second time
- 03/09/10 House: Constitutional reading dispensed BLOCK VOTE (96-Y 0-N)
- 03/09/10 House: VOTE: --- AGREE TO (96-Y 0-N)
- 03/09/10 House: Motion to reconsider constitutional reading dispensed agreed to
- 03/09/10 House: Constitutional reading dispensed BLOCK VOTE (94-Y 0-N)
- 03/09/10 House: VOTE: --- ADOPTION #2 (94-Y 0-N)
- 03/09/10 House: Committee substitute agreed to 10105963D-H1
- 03/09/10 House: Engrossed by House - committee substitute SB409H1
- 03/09/10 House: Passed House with substitute BLOCK VOTE (95-Y 0-N)
- 03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
- 03/10/10 Senate: House substitute rejected by Senate (1-Y 39-N)
- 03/11/10 House: House insisted on substitute
- 03/11/10 House: House requested conference committee
- 03/11/10 Senate: Senate acceded to request (39-Y 0-N)
- 03/11/10 Senate: Conferees appointed by Senate
- 03/11/10 Senate: Senators: Vogel, Deeds, Puckett
- 03/11/10 House: Conferees appointed by House
- 03/11/10 House: Delegates: Janis, Kilgore, Herring
- 03/12/10 House: Conference report agreed to by House (95-Y 0-N)
- 03/12/10 House: VOTE: --- ADOPTION (95-Y 0-N)
- 03/12/10 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 03/22/10 Senate: Enrolled
- 03/22/10 Senate: Bill text as passed Senate and House (SB409ER)
- 03/22/10 House: Signed by Speaker
- 03/25/10 Senate: Signed by President
- 04/10/10 Governor: Approved by Governor-Chapter 352 (effective 7/1/10)
- 04/10/10 Governor: Acts of Assembly Chapter text (CHAP0352)