District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional. (SB298)

Introduced By

Sen. Ken Cuccinelli (R-Fairfax)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Constitutional challenges. Provides that in any criminal or traffic case in a court not of record, if the court rules that a statute or local ordinance is unconstitutional, it shall upon motion of the Commonwealth, stay the proceedings and transmit the case to the circuit court for a determination of constitutionality. If the circuit court rules that the statute or local ordinance is unconstitutional, the Commonwealth may appeal such interlocutory order to the Court of Appeals and thereafter to the Supreme Court; however, if the circuit court rules that the statute or local ordinance is constitutional, the circuit court shall remand the case to the court not of record for trial consistent with the ruling of the circuit court. The bill also provides that a pretrial appeal may be taken by the Commonwealth in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, on the ground that a statute on which the order is based is unconstitutional. Read the Bill »


04/05/2006: signed by governor


01/10/2006Prefiled and ordered printed; offered 01/11/06 062455720
01/10/2006Referred to Committee for Courts of Justice
01/25/2006Reported from Courts of Justice with substitute (15-Y 0-N)
01/26/2006Committee substitute printed 061391720-S1
01/27/2006Constitutional reading dispensed (38-Y 0-N)
01/27/2006VOTE: (38-Y 0-N)
01/30/2006Read second time
01/30/2006Reading of substitute waived
01/30/2006Committee substitute agreed to 061391720-S1
01/30/2006Engrossed by Senate - committee substitute SB298S1
01/31/2006Read third time and passed Senate (37-Y 0-N)
01/31/2006VOTE: (37-Y 0-N)
01/31/2006Communicated to House
02/14/2006Placed on Calendar
02/14/2006Read first time
02/14/2006Referred to Committee for Courts of Justice
02/16/2006Assigned Courts sub: Criminal Law
03/06/2006Reported from Courts of Justice with substitute (21-Y 0-N)
03/07/2006Committee substitute printed 060043720-H1
03/07/2006Read second time
03/08/2006Read third time
03/08/2006Committee substitute agreed to 060043720-H1
03/08/2006Engrossed by House - committee substitute SB298H1
03/08/2006Passed House with substitute (89-Y 6-N)
03/08/2006VOTE: PASSAGE (89-Y 6-N)
03/09/2006House substitute agreed to by Senate (38-Y 0-N)
03/09/2006VOTE: (38-Y 0-N)
03/15/2006Bill text as passed Senate and House (SB298ER)
03/15/2006Signed by Speaker
03/16/2006Signed by President
04/05/2006G Approved by Governor-Chapter 571 (effective 7/1/06)
04/12/2006G Acts of Assembly Chapter text (CHAP0571)