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2023 SESSION
SB 1259 Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.
Introduced by: J. Chapman Petersen | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The bill provides that the attorney for the Commonwealth shall continue to represent the Commonwealth in any appeal regarding bail, bond, or recognizance before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal.
The bill provides that the attorney for the Commonwealth shall represent the Commonwealth before the appellate courts on criminal pretrial petitions for appeal. The bill also provides that any appeal from any action collaterally attacking a criminal conviction lies directly to the Supreme Court. The bill eliminates the requirement that four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing in criminal pretrial appeals. This bill is identical to HB 2165.
FULL TEXT
- 01/10/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102452D pdf
- 02/01/23 Senate: Committee substitute printed 23106017D-S1 pdf | impact statement
- 02/21/23 Senate: Bill text as passed Senate and House (SB1259ER) pdf | impact statement
- 03/23/23 Governor: Acts of Assembly Chapter text (CHAP0315) pdf
AMENDMENTS
HISTORY
- 01/10/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102452D
- 01/10/23 Senate: Referred to Committee on the Judiciary
- 02/01/23 Senate: Reported from Judiciary with substitute (15-Y 0-N)
- 02/01/23 Senate: Committee substitute printed 23106017D-S1
- 02/03/23 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/06/23 Senate: Read second time
- 02/06/23 Senate: Reading of substitute waived
- 02/06/23 Senate: Committee substitute agreed to 23106017D-S1
- 02/06/23 Senate: Engrossed by Senate - committee substitute SB1259S1
- 02/06/23 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/06/23 Senate: Passed Senate (39-Y 0-N)
- 02/10/23 House: Placed on Calendar
- 02/10/23 House: Read first time
- 02/10/23 House: Referred to Committee for Courts of Justice
- 02/13/23 House: Reported from Courts of Justice (11-Y 8-N)
- 02/15/23 House: Read second time
- 02/16/23 House: Read third time
- 02/16/23 House: Passed by temporarily
- 02/16/23 House: Passed House (55-Y 43-N)
- 02/16/23 House: VOTE: Passage (55-Y 43-N)
- 02/21/23 Senate: Enrolled
- 02/21/23 Senate: Bill text as passed Senate and House (SB1259ER)
- 02/21/23 House: Signed by Speaker
- 02/24/23 Senate: Signed by President
- 03/02/23 Senate: Enrolled Bill Communicated to Governor on March 2, 2023
- 03/02/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/23/23 Governor: Approved by Governor-Chapter 315 (effective 7/1/23)
- 03/23/23 Governor: Acts of Assembly Chapter text (CHAP0315)