VA HB2165 | 2023 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on March 23 2023 - 100% progression
Action: 2023-03-23 - Governor: Acts of Assembly Chapter text (CHAP0314)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on March 23 2023 - 100% progression
Action: 2023-03-23 - Governor: Acts of Assembly Chapter text (CHAP0314)
Text: Latest bill text (Chaptered) [HTML]
Summary
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. 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.
Title
Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.
Sponsors
Roll Calls
2023-02-16 - Senate - Senate: Passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-13 - Senate - Senate: Reported from Judiciary (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-02 - House - House: VOTE: Passage (54-Y 45-N) (Y: 54 N: 45 NV: 0 Abs: 1) [PASS]
2023-01-27 - House - House: Reported from Courts of Justice with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 0 Abs: 0) [PASS]
2023-01-23 - House - House: Subcommittee recommends reporting with substitute (5-Y 2-N) (Y: 5 N: 2 NV: 0 Abs: 1) [PASS]
2023-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-13 - Senate - Senate: Reported from Judiciary (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-02 - House - House: VOTE: Passage (54-Y 45-N) (Y: 54 N: 45 NV: 0 Abs: 1) [PASS]
2023-01-27 - House - House: Reported from Courts of Justice with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 0 Abs: 0) [PASS]
2023-01-23 - House - House: Subcommittee recommends reporting with substitute (5-Y 2-N) (Y: 5 N: 2 NV: 0 Abs: 1) [PASS]
History
Date | Chamber | Action |
---|---|---|
2023-03-23 | Governor: Acts of Assembly Chapter text (CHAP0314) | |
2023-03-23 | Governor: Approved by Governor-Chapter 314 (effective 7/1/23) | |
2023-03-02 | Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023 | |
2023-03-02 | House | Enrolled Bill communicated to Governor on March 2, 2023 |
2023-02-23 | Senate | Signed by President |
2023-02-21 | House | Signed by Speaker |
2023-02-21 | House | Bill text as passed House and Senate (HB2165ER) |
2023-02-21 | House | Enrolled |
2023-02-16 | Senate | Passed Senate (40-Y 0-N) |
2023-02-16 | Senate | Read third time |
2023-02-15 | Senate | Passed by for the day |
2023-02-15 | Senate | Read third time |
2023-02-14 | Senate | Constitutional reading dispensed (40-Y 0-N) |
2023-02-13 | Senate | Reported from Judiciary (13-Y 0-N) |
2023-02-03 | Senate | Referred to Committee on the Judiciary |
2023-02-03 | Senate | Constitutional reading dispensed |
2023-02-02 | House | VOTE: Passage (54-Y 45-N) |
2023-02-02 | House | Read third time and passed House (54-Y 45-N) |
2023-02-01 | House | Engrossed by House - committee substitute HB2165H1 |
2023-02-01 | House | Committee substitute agreed to 23105046D-H1 |
2023-02-01 | House | Read second time |
2023-01-31 | House | Read first time |
2023-01-27 | House | Committee substitute printed 23105046D-H1 |
2023-01-27 | House | Reported from Courts of Justice with substitute (12-Y 8-N) |
2023-01-23 | House | Subcommittee recommends reporting with substitute (5-Y 2-N) |
2023-01-19 | House | Assigned Courts sub: Subcommittee #1 |
2023-01-11 | House | Referred to Committee for Courts of Justice |
2023-01-11 | House | Prefiled and ordered printed; offered 01/11/23 23102466D |
Same As/Similar To
SB1259 (Same As) 2023-03-23 - Governor: Acts of Assembly Chapter text (CHAP0315)
Subjects
Administration of Government
Attorney General
Commonwealth's Attorneys
Courts of Record
Criminal Procedure
Attorney General
Commonwealth's Attorneys
Courts of Record
Criminal Procedure
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
15 | 2 | 1627 | (n/a) | See Bill Text |
17 | 1 | 403 | (n/a) | See Bill Text |
17 | 1 | 407 | (n/a) | See Bill Text |
19 | 2 | 402 | (n/a) | See Bill Text |
19 | 2 | 404 | (n/a) | See Bill Text |
2 | 2 | 511 | (n/a) | See Bill Text |