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.
The MAJDC Law Blog 