District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional. (SB298)
Introduced By
Sen. Ken Cuccinelli (R-Fairfax)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
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 »
Status
04/05/2006: signed by governor
History
| Date | Action |
|---|---|
| 01/10/2006 | Prefiled and ordered printed; offered 01/11/06 062455720 |
| 01/10/2006 | Referred to Committee for Courts of Justice |
| 01/25/2006 | Reported from Courts of Justice with substitute (15-Y 0-N) |
| 01/26/2006 | Committee substitute printed 061391720-S1 |
| 01/27/2006 | Constitutional reading dispensed (38-Y 0-N) |
| 01/27/2006 | VOTE: (38-Y 0-N) |
| 01/30/2006 | Read second time |
| 01/30/2006 | Reading of substitute waived |
| 01/30/2006 | Committee substitute agreed to 061391720-S1 |
| 01/30/2006 | Engrossed by Senate - committee substitute SB298S1 |
| 01/31/2006 | Read third time and passed Senate (37-Y 0-N) |
| 01/31/2006 | VOTE: (37-Y 0-N) |
| 01/31/2006 | Communicated to House |
| 02/14/2006 | Placed on Calendar |
| 02/14/2006 | Read first time |
| 02/14/2006 | Referred to Committee for Courts of Justice |
| 02/16/2006 | Assigned Courts sub: Criminal Law |
| 03/06/2006 | Reported from Courts of Justice with substitute (21-Y 0-N) |
| 03/07/2006 | Committee substitute printed 060043720-H1 |
| 03/07/2006 | Read second time |
| 03/08/2006 | Read third time |
| 03/08/2006 | Committee substitute agreed to 060043720-H1 |
| 03/08/2006 | Engrossed by House - committee substitute SB298H1 |
| 03/08/2006 | Passed House with substitute (89-Y 6-N) |
| 03/08/2006 | VOTE: PASSAGE (89-Y 6-N) |
| 03/09/2006 | House substitute agreed to by Senate (38-Y 0-N) |
| 03/09/2006 | VOTE: (38-Y 0-N) |
| 03/15/2006 | Bill text as passed Senate and House (SB298ER) |
| 03/15/2006 | Enrolled |
| 03/15/2006 | Signed by Speaker |
| 03/16/2006 | Signed by President |
| 04/05/2006 | G Approved by Governor-Chapter 571 (effective 7/1/06) |
| 04/12/2006 | G Acts of Assembly Chapter text (CHAP0571) |