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TITLE 16.1. COURTS NOT OF RECORD.


§ 16.1-69.6:1 amended.
Number of district judges. Adds a new general district court judge to the 15th Judicial District (Fredericksburg, Essex, Caroline, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland), and a new juvenile court judge to the 20th Judicial District (Loudoun, Fauquier, Rappahannock). HB 2661; CH. 189/SB 1154; CH. 228.

§§ 16.1-69.29 and 17.1-516 amended.
Court jurisdiction. Amends section that gives district and circuit courts for counties and cities lying on waters bounding the Commonwealth concurrent jurisdiction over the waters opposite the jurisdiction as far as the jurisdiction of the Commonwealth extends, to provide that it applies to the City of Norfolk. Under current law the cities of Norfolk and Richmond are the only jurisdictions, that do not have concurrent jurisdiction. HB 2527; CH. 114/SB 1180; CH. 45.

§§ 16.1-69.35 and 16.1-241.
See § 1-200; HB 2640.

§ 16.1-69.35 amended.
Cross-designation of judges by chief district judge. Increases the maximum duration of orders authorizing the cross-designation of juvenile and general district court judges from 90 days to one year. SB 806; CH. 207.

§ 16.1-69.48:1.
See § 18.2-61; HB 2248.

§ 16.1-69.55 amended.
Enforcement of judgments. Streamlines the process for enforcing judgments issued by a general district court and docketed in circuit court so as to extend enforcement timeframes by (i) eliminating the requirement for district court approval of the motion for extension, (ii) eliminating the requirement that all case documents in the district court must be filed in the circuit court, and (iii) permitting executions on the docketed civil judgments to issue from the general district court in which the judgment was obtained after the abstract of the circuit court judgment has been filed in the district court. HB 1580; CH. 135.

§ 16.1-83.1.
See § 8.01-399; HB 2659/SB 1173.

§ 16.1-88.03 amended.
Pleadings and other papers by parties not represented by counsel; notice of address change. Requires those certain parties that may represent themselves in certain civil proceedings to promptly notify the clerk of court and any adverse parties of address changes. If a party fails to provide such notification, a mailing to or service upon a party at the most recent address contained in the court file of the case is deemed effective service or other notice. HB 1581; CH. 136.

§ 16.1-88.2 amended.
General district court; medical records. Provides that if a personal injury case is removed from general district court to circuit court and the claim is under $15,000, the parties may use general district court procedures to introduce medical evidence, rather than the circuit court procedures. In general district court a party may introduce evidence on injuries, treatment and examination and costs by a report and affidavit from the health care provider. In circuit court medical evidence is typically introduced by deposition or trial testimony of the health care provider. HB 2209; CH. 811.

§ 16.1-92.
See § 8.01-195.4; HB 1621.

§ 16.1-241.
See § 63.2-903; SB 854.

§§ 16.1-241, 16.1-278.11, 16.1-339, 16.1-346.1, and 16.1-348.
See § 37.2-100; SB 1023.

§ 16.1-248.1 amended.
Criteria for detention of juvenile; appeal. Authorizes the attorney for the Commonwealth to appeal the decision of the intake officer or magistrate to release a juvenile if the juvenile violated a term or condition of his release, is convicted of or taken into custody for an additional offense, or the attorney for the Commonwealth presents evidence that incorrect or incomplete information was relied upon in establishing the initial terms of release. The attorney for the Commonwealth may appeal the decision of a juvenile court judge if the juvenile is released over his objection. HB 2650; CH. 647.

§ 16.1-266 amended.
Juveniles; representation by attorney. Provides that juveniles may waive representation by an attorney where the charged offense would be a felony if committed by an adult only after the juvenile consults with an attorney and the court determines that his waiver is free and voluntary. In addition, the waiver must be in writing, and the court must find that the child and parent consent and that the waiver is consistent with the interests of the child. HB 2670; CH. 427.

§§ 16.1-269.2 and 16.1-272 amended.
Notice of juvenile transfer hearing; sentencing. Requires the attorney for the Commonwealth to notify the court service unit of the need for a transfer report upon motion of the Commonwealth for a juvenile transfer hearing. If a juvenile tried as an adult is sentenced as juvenile, the bill requires the clerk to provide a copy of the court's final order or judgment to the appropriate court service unit. HB 2529; CH. 590.

§§ 16.1-269.2, 16.1-273, and 18.2-55.1 amended; § 52-8.6 added; § 16.1-299.2 repealed.
Organized criminal gang reporting. Repeals a provision relating specifically to reporting of organized youth gang activity, and creates a general law-enforcement reporting requirement of all gang activity to the Organized Criminal Gang File in the Virginia Criminal Information Network and the Violent Criminal Gang File of the National Crime Information Center maintained by the Federal Bureau of Investigation. HB 2734; CH. 843.

§ 16.1-278.8 amended.
Delinquent juveniles; disposition. Replaces the 12-month period during which the court may defer disposition of a delinquent juvenile with a provision that the court establish a specific period of time giving due regard to the gravity of the offense and the juvenile's history. HB 2206; CH. 810.

§ 16.1-278.9.
See § 4.1-305; HB 2255.

§ 16.1-278.18.
See § 20-78.2; HB 1988.

§§ 16.1-281, 63.2-900, and 63.2-906 amended.
Foster care plans and home studies. Requires parent and child involvement in the development of foster care plans. The bill also requires home studies prior to any foster home placement, and requires the Board of Social Services to adopt regulations allowing for dual approval of homes as both foster and adoptive homes. HB 2744; CH. 653.

§ 16.1-287 amended.
Juveniles; information upon the commitment of a juvenile. Places upon the Department of Correctional Education the primary duty of transferring academic, career and technical education, and related achievement information to local school boards when children are returned to the community from the Department of Juvenile Justice's care. HB 1789; CH. 154.

§ 16.1-293.1 added.
Mental health transition plan. Requires the Board of Juvenile Justice, after consultation with the Board of Mental Health, Mental Retardation, and Substance Abuse Services and other related agencies, to promulgate regulations for the planning and provision of mental health, substance abuse or other therapeutic treatment services for persons returning to the community following commitment to a juvenile correctional center or postdispositional detention. HB 2245; CH. 405/SB 843; CH. 334.

§ 16.1-296.
See § 8.01-2; SB 1118.

§ 16.1-301.
See § 19.2-368.5; SB 1131.

§ 16.1-309.1 amended.
Confidentiality of juvenile records; escape exception. Amends provisions allowing the public release of juvenile information (name, age, physical description, photograph, charge, and other information that might expedite apprehension) when a juvenile becomes a fugitive from justice to apply to juveniles who are being held in custody by a law-enforcement officer or in a secure facility. Under current law release of this information is allowed only if the juvenile is charged with certain felonies (rape, robbery, burglary, or a Class 1, 2, or 3). Current law further provides that the information may be released only upon court order. This bill provides that if the juvenile becomes a fugitive from justice at a time when court is not in session, the Department of Juvenile Justice, attorney for the Commonwealth or a court services unit may release such information. SB 1320; CH. 364.

§ 16.1-319.
See § 57-16.1; HB 2697.

§ 16.1-338.
See § 54.1-2969; HB 2516/SB 1109.

§§ 16.1-340, 16.1-341, 16.1-342, 16.1-345, and 16.1-346.1 amended.
Psychiatric Inpatient Treatment of Minors Act. Adds a procedure for the hospitalization of a juvenile who is in detention or shelter care for a criminal offense pursuant to an order of a juvenile and domestic relations district court. SB 1070; CH. 346.

§ 16.1-345.1.
See § 37.1-67.7; HB 578.

§ 16.1-356.
See § 8.01-400.2; HB 2503.

 


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2005 Digest | Code Commission | General Assembly