VA HB1545 | 2017 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on February 20 2017 - 100% progression
Action: 2017-02-20 - Governor: Acts of Assembly Chapter text (CHAP0077)
Text: Latest bill text (Chaptered) [HTML]

Summary

Delayed appeals in criminal cases; assignment of errors dismissed in part. Provides that an appellant may file a motion for leave to pursue a delayed appeal in a criminal case in the Court of Appeals of Virginia when the appeal was dismissed, in whole or in part, for a failure to (i) initiate the appeal; (ii) adhere to proper form, procedures, or time limits in the perfection of the appeal; or (iii) file the indispensable transcript or written statement of facts, even if other parts of the appeal were refused on the merits. Under current law, an appellant may not pursue a delayed appeal in such a case if part of the appeal was refused on the merits. The bill also provides that an appellant may file a motion for leave to pursue a delayed appeal in a criminal case that is appealed to the Supreme Court of Virginia from the Court of Appeals of Virginia for those assignments of error that were dismissed because they did not adhere to a proper form, even if other assignments of error were refused on the merits. As introduced, this bill was a recommendation of the Judicial Council of Virginia. This bill is identical to SB 853.

Tracking Information

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Title

Criminal cases; delayed appeals, assignments of errors dismissed in part.

Sponsors


Roll Calls

2017-02-08 - Senate - Senate: Passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2017-02-07 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-02-06 - Senate - Senate: Reported from Courts of Justice (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2017-01-26 - House - House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 0) [PASS]
2017-01-20 - House - House: Reported from Courts of Justice with amendments (20-Y 0-N) (Y: 20 N: 0 NV: 1 Abs: 0) [PASS]
2017-01-16 - House - House: Subcommittee recommends reporting with amendment (11-Y 0-N) (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2017-02-20 Governor: Acts of Assembly Chapter text (CHAP0077)
2017-02-20 Governor: Approved by Governor-Chapter 77 (effective 7/1/17)
2017-02-13 Governor: Governor's Action Deadline Midnight, February 20, 2017
2017-02-13HouseEnrolled Bill communicated to Governor on 2/13/17
2017-02-13SenateSigned by President
2017-02-10HouseSigned by Speaker
2017-02-10HouseBill text as passed House and Senate (HB1545ER)
2017-02-10HouseEnrolled
2017-02-08SenatePassed Senate (39-Y 0-N)
2017-02-08SenateRead third time
2017-02-07SenateConstitutional reading dispensed (40-Y 0-N)
2017-02-06SenateReported from Courts of Justice (15-Y 0-N)
2017-01-27SenateReferred to Committee for Courts of Justice
2017-01-27SenateConstitutional reading dispensed
2017-01-26HouseVOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
2017-01-26HouseRead third time and passed House BLOCK VOTE (99-Y 0-N)
2017-01-25HousePrinted as engrossed 17101710D-E
2017-01-25HouseEngrossed by House as amended HB1545E
2017-01-25HouseCommittee amendments agreed to
2017-01-25HouseRead second time
2017-01-24HouseRead first time
2017-01-20HouseReported from Courts of Justice with amendments (20-Y 0-N)
2017-01-16HouseSubcommittee recommends reporting with amendment (11-Y 0-N)
2017-01-13HouseAssigned Courts sub: Criminal Law
2016-12-29HouseReferred to Committee for Courts of Justice
2016-12-29HousePrefiled and ordered printed; offered 01/11/17 17101710D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192321.1(n/a)See Bill Text
192321.2(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HB1545
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1545+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1545E+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1545ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0077+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+H0801V0016+HB1545
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+H08V0039+HB1545
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+HV1604+HB1545
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+S03V0210+HB1545
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0390HB1545+HB1545
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0415HB1545+HB1545

Bill Comments

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