Javascript is required to run this page

SB1261

Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court.

Status:
Passed

Chief Patron:
John Edwards (D)

Session:
2021 Regular Session

Summary

As introduced. 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 frivolous or that the dispositive issues on appeal have already been authoritatively decided; (iii) creates a process by which the Attorney General will be notified of any criminal appeal and has the opportunity to intervene as counsel of record by filing a notice of appearance, and allows the Commonwealth's attorney to be counsel of record provided the Attorney General has not filed such notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) 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. (Less)
  • Bill History

  • 01/12/2021 - Senate: Prefiled and ordered printed; offered 01/13/21 21101357D
  • 01/12/2021 - Senate: Referred to Committee on the Judiciary
  • 01/25/2021 - Senate: Senate committee, floor amendments and substitutes offered
  • 01/25/2021 - Senate: Reported from Judiciary with substitute (8-Y 6-N 1-A)
  • 01/25/2021 - Senate: Committee substitute printed 21103599D-S1
  • 01/25/2021 - Senate: Rereferred to Finance and Appropriations
  • 02/02/2021 - Senate: Reported from Finance and Appropriations with amendment (11-Y 5-N)
  • 02/02/2021 - Senate: Impact statement from DPB (SB1261S1)
  • 02/03/2021 - Senate: Constitutional reading dispensed (37-Y 0-N)
  • 02/04/2021 - Senate: Read second time
  • 02/04/2021 - Senate: Reading of substitute waived
  • 02/04/2021 - Senate: Committee substitute agreed to 21103599D-S1
  • 02/04/2021 - Senate: Reading of amendment waived
  • 02/04/2021 - Senate: Committee amendment agreed to
  • 02/04/2021 - Senate: Engrossed by Senate - committee substitute with amendment SB1261ES1
  • 02/04/2021 - Senate: Printed as engrossed 21103599D-ES1
  • 02/05/2021 - Senate: Read third time and passed Senate (21-Y 18-N)   Close Floor Vote
  • 02/07/2021 - House: Placed on Calendar
  • 02/07/2021 - House: Read first time
  • 02/07/2021 - House: Referred to Committee for Courts of Justice
  • 02/08/2021 - House: Continued to Special Session 1 in Courts of Justice
  • 02/10/2021 - Senate: Impact statement from DPB (SB1261ES1)
  • 02/20/2021 - House: House committee, floor amendments and substitutes offered
  • 02/20/2021 - House: Reported from Courts of Justice with amendment(s) (13-Y 9-N)
  • 02/20/2021 - House: Referred to Committee on Appropriations
  • 02/21/2021 - House: Assigned App. sub: Transportation & Public Safety
  • 02/22/2021 - House: Subcommittee recommends reporting (5-Y 2-N)
  • 02/22/2021 - House: Reported from Appropriations (11-Y 9-N)
  • 02/23/2021 - House: Read second time
  • 02/24/2021 - House: Passed by for the day
  • 02/25/2021 - House: Read third time
  • 02/25/2021 - House: Committee on Courts of Justice amendments rejected
  • 02/25/2021 - House: Committee on Courts of Justice amendments reconsidered
  • 02/25/2021 - House: Committee on Courts of Justice amendments agreed to
  • 02/25/2021 - House: Amendment by Delegate Mullin agreed to
  • 02/25/2021 - House: Engrossed by House as amended
  • 02/25/2021 - House: Passed House with amendments (54-Y 45-N)
  • 02/25/2021 - House: VOTE: Passage (54-Y 45-N)   Close Floor Vote
  • 02/25/2021 - Senate: House amendments rejected by Senate (17-Y 21-N)   Close Floor Vote
  • 02/25/2021 - House: House insisted on amendments
  • 02/25/2021 - House: House requested conference committee
  • 02/25/2021 - Senate: Senate acceded to request (28-Y 10-N)
  • 02/25/2021 - Senate: Conferees appointed by Senate
  • 02/25/2021 - Senate: Senators: Edwards, Surovell, Deeds
  • 02/25/2021 - House: Conferees appointed by House
  • 02/25/2021 - House: Delegates: Herring, Mullin, Knight
  • 02/27/2021 - Conference: Amended by conference committee
  • 02/27/2021 - Senate: Conference report agreed to by Senate (20-Y 17-N)   Close Floor Vote
  • 02/27/2021 - House: Conference report agreed to by House (54-Y 42-N)
  • 02/27/2021 - House: VOTE: Agreed To (54-Y 42-N)   Close Floor Vote
  • 03/09/2021 - Senate: Enrolled
  • 03/09/2021 - Senate: Bill text as passed Senate and House (SB1261ER)
  • 03/09/2021 - Senate: Signed by President
  • 03/10/2021 - Senate: Impact statement from DPB (SB1261ER)
  • 03/11/2021 - House: Signed by Speaker
  • 03/15/2021 - Senate: Enrolled Bill Communicated to Governor on March 15, 2021
  • 03/15/2021 - Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
  • 03/31/2021 - Governor: Approved by Governor-Chapter 489 (effective - see bill)
  • 03/31/2021 - Governor: Acts of Assembly Chapter text (CHAP0489)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com


See other bills related to: