Senate Passes Bill to Ticket Teenagers on Cell Phones

 

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S.B. 1149 – First reading passed by on Friday by the full Senate

Senate Bill 1149 was passed by on the floor of the Senate on Friday along with all other First Readings on the Uncontested Calendar.  The constitutional reading was dispensed by a vote of 39-0.

The bill will be on the floor for its second reading on Monday.  The bill was reported by the full Courts of Justice with substitutes by a vote of 10-0.

S.B. 1149 proposes to amend certain sections of Chapters 4, 15, 16, 18, 55 and 66 of the Code of Virginia, relating to juvenile law.

If passed, then this bill would enable a judge to make available to the public the name and address of a juvenile and the nature of the offense for which a juvenile has been adjudicated delinquent (i) for an act, which would be a Class 1, 2, or 3 felony, forcible rape, robbery or burglary or similar offense if committed by an adult or (ii) in any case where a juvenile is sentenced as an adult in circuit court.  It would also enable a juvenile’s name to be made available to the public in instances where the juvenile is charged with a serious criminal act.  Further, it would allow for a copy of any court ordered curfew on a juvenile to be  such given to the chief law enforcement officer in the area in which the juvenile resides.  This bill would also authorize the release of any gang-related information to the State Police.

The MAJDC supports this bill in so far as it tries to clarify the code.

S.B. 1290 reported to full Senate

Senate Bill 1290 was reported this morning by the Senate Courts of Justice committee to the full Senate.

If passed, then this bill would require that an appeal from any final order or judgment of the juvenile court be taken in accordance with the appeal provisions specified for the general district courts.  It proposes to amend and reenact § 16.1-296 of the Code of Virginia, relating to appeals from juvenile and domestic relations district court.

On Wednesday, the criminal subcommittee had recommended reporting by a vote of 6-1.  The full committee adopted an amendment by the sub-committee, at the request of the Virginia Supreme Court, to include the language “shall be heard de novo.”  This recommendation essentially will clarify how these cases are handled on appeal.

Senator Hurt from Pittsylvania wondered if this wouldn’t open the door for someone to make the argument that they do not have to post bond before the appeal since it will now be a de novo hearing.  However, since previously these cases were heard de novo and this just clarifies the code, Chairman Marsh did not think that this would be a big problem.

The MAJDC supports this bill.

S.B. 861’s third reading before Senate on Monday

S.B. 861 was printed and engrossed with amendments on Friday by the full Senate and will be read a third time by the Senate on Monday.

SB 861, if passed, Creates the Office of the Children’s Ombudsman to provide ombudsman services such as investigation of complaints, inspection of service providers, and advocacy

Updates on the status of the Commonwealth Center for Children and Adolescents and the Southwestern Virginia Mental Institute-Adolescent Unit

The House has voted to fully restore funding for CCCA, but did not restore any funding for the SWVMHI adolescent unit. 

The Senate has voted to restore funding for both CCCA and the SWVMHI unit to operate at 50% capacity. 

 

Both the House and Senate included language for a working group of stakeholders to report to the GA by November 2009 on community capacity.

 

Please click the Senate link to view the Senate’s report.

HB 2310 – Referred to Senate Committee for Courts of Justice

HB 2310 has crossed over into the Senate.  On February 6, 2009 it was referred to the Senate Committee for Courts of Justice.

 

This bill provides that any person, agency, or institution that may inspect juvenile case files shall be authorized to have copies made of such records, subject to any restrictions, conditions, or prohibitions that the court may impose. HB 2310 is a recommendation of the Committee on District Courts.