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2021 SPECIAL SESSION I
SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court.
Introduced by: John S. Edwards | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Court of Appeals; jurisdiction; number of judges. Expands the jurisdiction of the Court of Appeals of Virginia by providing for an appeal of right in every civil case and provides that the granting of further appeal to the Supreme Court of Virginia shall be within the discretion of the Supreme Court. The bill provides for an appeal of right in criminal cases by a defendant, but leaves unchanged the current requirement that in criminal cases the Commonwealth must petition the Court of Appeals for granting of an appeal. The bill increases from 11 to 17 the number of judges on the Court of Appeals. The bill also (i) provides jurisdiction to the Court of Appeals over interlocutory appeals and petitions for review of injunctions; (ii) allows for oral arguments to be dispensed with if the panel of judges makes a unanimous decision that the appeal is wholly without merit or that the dispositive issues on appeal have already been authoritatively decided and the appellant has not argued that the case law should be overturned, extended, or reversed; (iii) provides that the Attorney General shall represent the Commonwealth in criminal appeals unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the case files a notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires all criminal cases in a court of record to be recorded and requires the clerk of the circuit court to prepare a transcript of any trial for which an appeal is noticed to him; and (vi) requires an expedited review of appeals of permanent protective orders and of bond validation proceedings. The bill has a delayed effective date of January 1, 2022, which is applicable to all provisions of the bill except for those increasing the number of judges on the Court of Appeals.
FULL TEXT
- 01/12/21 Senate: Prefiled and ordered printed; offered 01/13/21 21101357D pdf
- 01/25/21 Senate: Committee substitute printed 21103599D-S1 pdf | impact statement
- 02/04/21 Senate: Printed as engrossed 21103599D-ES1 pdf | impact statement
- 03/09/21 Senate: Bill text as passed Senate and House (SB1261ER) pdf | impact statement
- 03/31/21 Governor: Acts of Assembly Chapter text (CHAP0489) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- House amendments adopted
- House amendments engrossed
- House amendments not adopted
- Senate amendments
- Conference amendments
HISTORY
- 01/12/21 Senate: Prefiled and ordered printed; offered 01/13/21 21101357D
- 01/12/21 Senate: Referred to Committee on the Judiciary
- 01/25/21 Senate: Reported from Judiciary with substitute (8-Y 6-N 1-A)
- 01/25/21 Senate: Committee substitute printed 21103599D-S1
- 01/25/21 Senate: Rereferred to Finance and Appropriations
- 02/02/21 Senate: Reported from Finance and Appropriations with amendment (11-Y 5-N)
- 02/03/21 Senate: Constitutional reading dispensed (37-Y 0-N)
- 02/04/21 Senate: Read second time
- 02/04/21 Senate: Reading of substitute waived
- 02/04/21 Senate: Committee substitute agreed to 21103599D-S1
- 02/04/21 Senate: Reading of amendment waived
- 02/04/21 Senate: Committee amendment agreed to
- 02/04/21 Senate: Engrossed by Senate - committee substitute with amendment SB1261ES1
- 02/04/21 Senate: Printed as engrossed 21103599D-ES1
- 02/05/21 Senate: Read third time and passed Senate (21-Y 18-N)
- 02/07/21 House: Placed on Calendar
- 02/07/21 House: Read first time
- 02/07/21 House: Referred to Committee for Courts of Justice
- 02/08/21 House: Continued to Special Session 1 in Courts of Justice by voice vote
- 02/20/21 House: Reported from Courts of Justice with amendment(s) (13-Y 9-N)
- 02/20/21 House: Referred to Committee on Appropriations
- 02/21/21 House: Assigned App. sub: Transportation & Public Safety
- 02/22/21 House: Subcommittee recommends reporting (5-Y 2-N)
- 02/22/21 House: Reported from Appropriations (11-Y 9-N)
- 02/23/21 House: Read second time
- 02/24/21 House: Passed by for the day
- 02/25/21 House: Read third time
- 02/25/21 House: Committee on Courts of Justice amendments rejected
- 02/25/21 House: Committee on Courts of Justice amendments reconsidered
- 02/25/21 House: Committee on Courts of Justice amendments agreed to
- 02/25/21 House: Amendment by Delegate Mullin agreed to
- 02/25/21 House: Engrossed by House as amended
- 02/25/21 House: Passed House with amendments (54-Y 45-N)
- 02/25/21 House: VOTE: Passage (54-Y 45-N)
- 02/25/21 Senate: House amendments rejected by Senate (17-Y 21-N)
- 02/25/21 House: House insisted on amendments
- 02/25/21 House: House requested conference committee
- 02/25/21 Senate: Senate acceded to request (28-Y 10-N)
- 02/25/21 Senate: Conferees appointed by Senate
- 02/25/21 Senate: Senators: Edwards, Surovell, Deeds
- 02/25/21 House: Conferees appointed by House
- 02/25/21 House: Delegates: Herring, Mullin, Knight
- 02/27/21 Conference: Amended by conference committee
- 02/27/21 Senate: Conference report agreed to by Senate (20-Y 17-N)
- 02/27/21 House: Conference report agreed to by House (54-Y 42-N)
- 02/27/21 House: VOTE: Agreed To (54-Y 42-N)
- 03/09/21 Senate: Enrolled
- 03/09/21 Senate: Bill text as passed Senate and House (SB1261ER)
- 03/09/21 Senate: Signed by President
- 03/11/21 House: Signed by Speaker
- 03/15/21 Senate: Enrolled Bill Communicated to Governor on March 15, 2021
- 03/15/21 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/31/21 Governor: Approved by Governor-Chapter 489 (effective - see bill)
- 03/31/21 Governor: Acts of Assembly Chapter text (CHAP0489)