Saturday, August 30, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1295: Supreme Court; direct appeals.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 17.1-308.1 as follows:
§ 17.1-308.1. Direct appeals from certain constitutional challenges.
A. Whenever any general district court or any administrative agency renders a decision declaring that a statute or a regulation of the Commonwealth is unconstitutional on its face or as applied, the Supreme Court in its discretion, on its own motion or upon application of the Attorney General, may certify the case for determination by the Supreme Court before it has been determined by the circuit court. The effect of such certification shall be to transfer jurisdiction over the case to the Supreme Court for all purposes.
B. In those instances when the Supreme Court makes such a certification, the Court, in aid of its appellate jurisdiction and at its discretion, may order that all proceedings involving the statute or regulation at issue be stayed pending resolution of the matter in the Supreme Court.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.