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2021 SESSION
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 SENATE: (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 October 1, 2021, which is applicable to all provisions of the bill except for those increasing the number of judges on the Court of Appeals. The provisions of the bill are contingent on funding in a general appropriation act.
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
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