TITLE 16.1. COURTS NOT OF RECORD.

§§ 16.1-69.9, 16.1-69.9:1, and 16.1-69.9:4. See § 19.2-35; HB 916.

§ 16.1-69.9:3. See § 17.1-511; SB 328.

§ 16.1-69.33 amended.
Committee on District Courts. Makes the Chief Justice a member and chairman of the Committee. Increases from one to two the number of general district court judges and juvenile and domestic relations court judges included on the Committee. SB 327; CH. 330.

§ 16.1-69.40:1. See § 46.2-878.2; HB 253.

§ 16.1-69.48:1 amended.
Fixed fee for misdemeanors, etc. Provides when a defendant in a criminal or traffic case in district court has multiple charges arising from the same incident and has been assessed a fixed fee for one of the charges and is later convicted of another charge that arises from that same incident that has a higher fixed fee, he is to be assessed the difference between the fixed fee earlier assessed and the higher fixed fee. HB 1141; CH. 371.

§§ 16.1-69.48:1 and 20-15 amended; § 9.1-116.1 added.
Virginia Domestic Violence Victim Fund. Creates the Virginia Domestic Violence Victim Fund. The Fund is to be administered by the Department of Criminal Justice Services, and the resources used to support the prosecution of domestic violence cases and victim services. The Fund shall be supported by dedication of a portion of increased court fees. The bill provides that $10 of the $20 tax on marriage licenses goes to the Department of Social Services for providing services to victims of domestic violence. The Department of Criminal Justice Services, in cooperation with the Statewide Facilitator for Victims of Domestic Violence within the Office of the Attorney General, is required to make all reasonable efforts to secure federal funds or other grant monies for domestic violence prosecution and services. HB 1234; CH. 375.

§§ 16.1-69.48:1 and 16.1-69.48:3. See § 17.1-275; HB 1430.

§§ 16.1-69.48:5 and 16.1-296 amended; § 16.1-296.2 added.
Filing fees in custody and visitation cases. Creates a special rate for fees in custody and visitation proceedings barring any add-on fees in these cases and applies the special rate for appeal of these cases. The bill also corrects an omission in last year's legislation clarifying that a petition may be reissued without additional costs or fees if service could not be had. This is a recommendation of the Committee on District Courts. HB 344; CH. 727/SB 103; CH. 659.

§§ 16.1-69.48:5, 16.1-107, and 16.1-112 amended.
Fees for services of district courts. Requires the district court clerks, in the case of an appeal filed pursuant to § 6.1-296, to collect fees for service of process of the notice of appeal in the circuit court before sending an appeal to the circuit court. The clerk is given the option to notify the appellee's attorney by regular mail that the appeal has been docketed. HB 982; CH. 366.

§ 16.1-77 amended.
Civil jurisdiction in actions of unlawful entry or detainer in general district court. Provides that counter-claims and cross-claims filed in actions for unlawful entry or detainer where the occupant is using the premises primarily for business, commercial or agricultural purposes shall not be subject to the maximum jurisdictional limit of $15,000 applicable in general district court. The counter-claim or cross-claim must arise out of the same use of the property for business, commercial or agricultural purposes. Under current law, the plaintiff in such actions may sue for more than $15,000 in general district court, but counter-claims and cross-claims are limited to $15,000 or less. HB 47; CH. 344.
§ 16.1-77. See § 9.1-102; HB 1057.

§§ 16.1-88.03 and 55-246.1 amended.
Pleadings and other papers signed by nonattorneys. Provides that a corporate officer (with the approval of the board of directors) or a manager, general partner or trustee, may in writing authorize an employee, a person licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons), a property manager, or a managing agent to (i) sign a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice filed in general district court, and (ii) appear in court to obtain a judgment for possession or for rent and damages. Under current law, the only nonlawyers who may sign such pleadings are a corporate officer (with the approval of the board of directors), a manager of a limited liability company, a general partner of any form of partnership or a trustee of any business trust, and the only nonlawyers who may appear in court on those pleadings are persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) and resident managers. HB 976; CH. 365/SB 630; CH. 338.

§§ 16.1-89 and 16.1-265. See § 8.01-407; SB 495.

§ 16.1-94 amended.
Orders of judgment in courts not of record. Clarifies that judges in courts not of record may enter as a judgment order a discrete written installment or settlement order that has been endorsed by counsel. Under current law, a judge may enter a discrete written order in such cases as he deems appropriate or may enter the judgment on a pleading, note or bond. There is a provision that the bill is declaratory of existing law. HB 44; CH. 341.

§§ 16.1-228 and 63.2-100 amended.
Child abuse and neglect; definition. Amends the definition of child abuse and neglect to include a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248. HB 1041; CH. 753.

§§ 16.1-228 and 63.2-100 amended.
Protection of infants. Provides that in civil proceedings involving child abuse, neglect or abandonment based solely on the parent having left the child at a hospital or rescue squad, it is an affirmative defense that the parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within 14 days of the child's birth. The bill provides that for purposes of terminating parental rights and placing a child for adoption the court may find that the child has been neglected upon the ground of abandonment. This is similar to the affirmative defense that the General Assembly made available in 2003 for parents in criminal abuse and neglect cases. SB 114; CH. 245.

§§ 8.01-293, 16.1-241, 16.1-264, and 17.1-272 amended.
Service of process on teacher or other school personnel; restrictions; fees. Restricts service of a summons on school property to only a sheriff or his deputy in any custody or visitation case where the summons is issued for a teacher or other school personnel who is not a party to the proceeding. The bill applies the $12 service fee for service of a summons in any custody or visitation case. SB 335; CH. 588.
§§ 16.1-241.2, 16.1-263, and 16.1-290.1. See § 22.1-263; HB 1326.

§§ 16.1-247 and 16.1-249 amended.
Custody and confinement for juvenile offenses. Allows juvenile intake officers and magistrates to order confinement of a person 18 years of age or older in a jail rather than a juvenile detention home for an offense that occurred prior to the person obtaining the age of 18. Currently this authority is limited to judges. HB 653; CH. 439/SB 577; CH. 415.

§ 16.1-248.1 amended.
Criteria for detention or shelter care. Allows a juvenile probation officer to continually search for less restrictive alternatives to secure detention when a juvenile is detained in a local detention facility. HB 1209; CH. 374.

§§ 16.1-250, 16.1-266, and 16.1-267 amended; § 16.1-250.1 repealed.
Juvenile detention; appointment of attorney. Requires the appointment of an attorney for a child prior to an initial detention hearing unless an attorney has been retained and appears on behalf of the child; and provides for payment for such court-appointed attorney. The bill requires that the child's attorney be notified of the detention hearing and any rehearing and specifies that the attorney be given the opportunity to be heard at the detention hearing. Current law allows a rehearing upon parental request when the child is not released and the parent was not notified and does not appear. This bill adds requirements that in order for there to be a rehearing the parent must make a written request and state that he is willing and available to supervise the child upon release from detention and will return the child to court for all scheduled proceedings. Further amendments provide that, if it is determined that the child is not indigent, the parents must pay the costs of the attorney. A child who is alleged to have committed an offense that could lead to commitment to a juvenile correctional center may waive his right to an attorney only after he consults with an attorney. HB 600; CH. 437 (effective 7/1/05).

§§ 9.1-102, 16.1-253.2, 16.1-279.1, 19.2-81.4, and 63.2-1502 amended.
Domestic violence; sexual assault. Requires the Department of Criminal Justice Services to establish training standards and a model policy for law-enforcement personnel in handling sexual assault and stalking cases and to establish training standards and model policy and protocols for local and regional sexual assault response teams. Provides that temporary child support may be one of the conditions imposed on a respondent in a family abuse protective order. The bill requires the state police and local law-enforcement agencies to have policies that provide guidance to officers on domestic violence incidents involving law-enforcement officers and repeat offenders. The Department of Social Services is required to establish minimum training requirements on family abuse and domestic violence for child protective services workers and supervisors. The Office of the Executive Secretary of the Supreme Court is required to determine appropriate standards for the approval of education and treatment programs for persons accused of assault and battery against a family or household member and arrange for such programs to be approved by an appropriate entity.
The bill also provides that a respondent to a protective order who commits an assault and battery resulting in serious bodily injury to a person protected by the protective order is guilty of a Class 6 felony. A respondent who violates the protective order by furtively entering the home of any protected party while the party is present or entering and remaining in the home of the protected party until the protected party arrives is guilty of a Class 6 felony. HB 1233; CH. 980/SB 236; CH. 972

§ 16.1-260 amended.
Intake of juveniles. Permits a juvenile intake officer to proceed informally against a juvenile more than once where the juvenile is alleged to have committed an offense that would be a Class 1 misdemeanor or lesser offense if committed by an adult, or is alleged to have committed a status offense. Under current law, intake officers may proceed informally only once where the juvenile is alleged to have committed such an offense. This bill would allow the intake officer to seek alternatives to court action when the offense the juvenile is alleged to have committed is not a violent juvenile felony, and is intended to help relieve the burden on juvenile court dockets. HB 1062; CH. 309.

§ 16.1-260 amended.
Notification of school superintendent of criminal street gang activity committed by juvenile. Requires an intake officer to notify the school division superintendent of the filing of a petition against a juvenile in cases involving criminal street gang activity. HB 1080; CH. 558.

§ 16.1-260 amended.
Use of summons in juvenile court; littering. Adds littering to the list of offenses for which a summons may be used to bring a proceeding in juvenile court instead of instituting a petition. SB 26; CH. 105.

§ 16.1-260 amended.
Juvenile courts; distribution of protective order information. Requires juvenile court intake officers to provide to a person seeking a protective order a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders for family and household members. The Virginia State Crime Commission, in conjunction with the Office of the Executive Secretary of the Supreme Court and the Department of Juvenile Justice, is required to develop the written explanation and the Executive Secretary must make the explanation available to law enforcement and to each court service unit for distribution. SB 551; CH. 255.

§ 16.1-260 amended.
Juvenile intake; notification to school superintendent. Adds prohibited street gang participation to those enumerated crimes triggering a requirement that the intake officer provide notice to a school superintendent that a petition has been filed alleging a juvenile committed an act that would be a crime if committed by an adult. SB 593; CH. 416.

§ 16.1-260. See § 19.2-83.1; SB 633.

§§ 16.1-266 and 16.1-343. See § 37.1-67.3; HB 878.
§ 16.1-266. See § 19.2-159; HB 1056/SB 330.
§ 16.1-266 and 16.1-343. See § 32.1-127.1:03; SB 337.

§ 16.1-267 amended.
Guardian ad litems. Eliminates the statutory $100 cap on the amount of guardian ad litem compensation (in a circuit court) that may be recovered from parents who are financially able to pay. The bill permits the circuit court to assess as costs against the parents the maximum amount the court awards the attorney. The bill retains the statutory cap on compensation that may be assessed against parents in the juvenile court. The subject matter of this bill is addressed in Item 34, Paragraph G of the 2002 Appropriation Act. HB 45; CH. 342.

§§ 16.1-269.6 and 16.1-296 amended.
Appeals of juvenile court decisions. Requires the circuit court, when practicable, to review the appeal of a juvenile court's transfer decision within 45 days after transfer from the juvenile court. The bill also requires the circuit court, when practicable, to hold a hearing on the merits of any appeal of a juvenile court finding of delinquency or disposition within 45 days of its filing, if the juvenile is in a secure facility pending appeal. A juvenile who has been held continuously in secure detention pending appeal is to be released if there is no hearing on the merits of his case within 45 days; however, the court may extend the time limit for good cause shown as documented in the case record. HB 1146; CH. 468.

§ 16.1-275 amended.
Temporary custody of juveniles. Eliminates language authorizing the placement of a juvenile who is alleged to be a child in need of services in the temporary custody of the Department of Juvenile Justice. Provides that temporary custody by the Department of Juvenile Justice is ordered for only those juveniles found to be delinquent for an offense that renders the juvenile eligible for commitment pursuant to: (i) subdivision A 14 of §16.1-278.8 (the juvenile is aged 11 or older and the offense would be a felony if committed by an adult; a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense which would be a felony if committed by an adult; or would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been adjudicated delinquent on three occasions for offenses which would be Class 1 misdemeanors if committed by an adult) or (ii) § 16.1-285.1 (the juvenile is aged 14 or older and, among other things, has been found guilty of an offense which would be a felony if committed by an adult). HB 1274; CH. 321.

§ 16.1-278.8. See § 18.2-46.1; HB 1060.

§ 16.1-278.8 amended.
Delinquent juveniles; disposition. Requires, for juveniles 11 years of age or older who can be committed to the Department of Juvenile Justice for an offense that would be a Class 1 misdemeanor if committed by an adult, that the juvenile must have previously been adjudicated delinquent on three separate occasions. HB 1355; CH. 325.

§ 16.1-278.15. See § 20-103; HB 447.

§ 16.1-278.16 amended.
Capias for nonsupport. Eliminates the requirement that the court act "upon petition" to issue a civil show cause summons or a capias where it finds that (i) a respondent has failed to comply with an order concerning custody, visitation, support or maintenance and (ii) personal or substitute service has been obtained. HB 320; CH. 219.

§ 16.1-278.18. See § 20-74; SB 497.

§ 16.1-299 amended.
Juvenile fingerprints and photographs. Mandates the taking of fingerprints and photographs of any juvenile who is taken into custody and charged with a delinquent act if the charge is one that has to be reported to the Central Criminal Records Exchange for an adult arrest (all felonies and most Class 1 and 2 misdemeanors except DUI, trespass and disorderly conduct). Under current law this procedure is mandatory only for juveniles 14 years of age or older who are charged with certain crimes classified as violent juvenile felonies. If the juvenile is found not guilty, the fingerprints and photographs are destroyed unless the charge was for a violent juvenile felony, in which case they are maintained in the Central Criminal Records Exchange and the juvenile court. HB 1096; CH. 464.

§ 16.1-305 amended.
Confidentiality of court records; juveniles. Authorizes the attorney for the Commonwealth to obtain from a juvenile court papers filed in connection with a juvenile adjudication of guilt for an offense that would be a felony if committed by an adult for use as evidence in a pending criminal prosecution for a violation of § 18.2-308.2 (possession or transportation of firearms, stun weapons, tasers or concealed weapons by a convicted felon). The bill also allows a bondsman to know the status of his bond on a juvenile, without access to any other part of the juvenile's record. HB 787; CH. 446.

§ 16.1-330.1 amended.
Serious or Habitual Offender Comprehensive Action Program (SHOCAP). Provides that a juvenile who has been convicted of one criminal street gang felony qualifies for SHOCAP. Under current law a juvenile must have been convicted of three felonies or misdemeanors to qualify, unless the felonies are murder, attempted murder, armed robbery or malicious wounding. SHOCAP is a program that provides control, supervision and treatment for serious or habitual juvenile offenders. SB 617; CH. 418.

§§ 16.1-340 and 16.1-341 amended.
Involuntary commitment of minors. Provides that the juvenile and domestic relations court serving the jurisdiction in which the minor is located is responsible for scheduling the involuntary commitment hearing. For emergency admissions, the same shall be scheduled where the juvenile is located or resides. HB 580; CH. 283.