Circuit court; duties of clerk. (SB409)

Introduced By

Sen. Jill Holtzman Vogel (R-Winchester)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Duties of the clerk of the circuit court.  Allows the court to order the immediate destruction, donation, or return of evidence where a defendant is found not guilty, and allows the clerk to do the same for cases concluded prior to July 1, 2008, without having to give specific notice, and requires the clerk to escheat all cash funds left over once forfeiture has concluded. The bill requires the clerk to keep his office open during convenient hours during those days on which that office is required to be open, and relieves the clerk of certifying local officers lists to the Secretary of the Commonwealth, by imposing that requirement on the locality itself, and of maintaining a list or book of local active volunteer fire fighters, by imposing that duty on the state Department of Fire Programs. The bill requires the clerk to record only those writings specifically required by law to be recorded. The bill also repeals several small monetary forfeitures imposed on the clerk for failure to (i) provide the Department of Corrections with copies of orders, (ii) record certificates of satisfaction as required, and (iii) perform any duty generally. Read the Bill »


Bill Has Passed


01/13/2010Prefiled and ordered printed; offered 01/13/10
01/13/2010Prefiled and ordered printed; offered 01/13/10 10100685D
01/13/2010Referred to Committee for Courts of Justice
01/14/2010Assigned Courts sub: Civil
02/08/2010Reported from Courts of Justice with substitute (13-Y 0-N) (see vote tally)
02/08/2010Committee substitute printed 10104998D-S1
02/09/2010Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/10/2010Read second time
02/10/2010Reading of substitute waived
02/10/2010Committee substitute agreed to 10104998D-S1
02/10/2010Reading of amendments waived
02/10/2010Amendments by Senator Edwards agreed to
02/10/2010Engrossed by Senate - committee substitute with amendments SB409ES1
02/10/2010Printed as engrossed 10104998D-ES1
02/11/2010Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/16/2010Placed on Calendar
02/16/2010Read first time
02/16/2010Referred to Committee for Courts of Justice
02/17/2010Assigned Courts sub: #4 Judicial Systems
03/08/2010Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
03/08/2010Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
03/08/2010Committee substitute printed 10105963D-H1
03/09/2010Read second time
03/09/2010Constitutional reading dispensed BLOCK VOTE (96-Y 0-N)
03/09/2010VOTE: --- AGREE TO (96-Y 0-N) (see vote tally)
03/09/2010Motion to reconsider constitutional reading dispensed agreed to
03/09/2010Constitutional reading dispensed BLOCK VOTE (94-Y 0-N)
03/09/2010VOTE: --- ADOPTION #2 (94-Y 0-N) (see vote tally)
03/09/2010Committee substitute agreed to 10105963D-H1
03/09/2010Engrossed by House - committee substitute SB409H1
03/09/2010Passed House with substitute BLOCK VOTE (95-Y 0-N)
03/09/2010VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally)
03/10/2010House substitute rejected by Senate (1-Y 39-N) (see vote tally)
03/11/2010House insisted on substitute
03/11/2010House requested conference committee
03/11/2010Senate acceded to request (39-Y 0-N) (see vote tally)
03/11/2010Conferees appointed by Senate
03/11/2010Senators: Vogel, Deeds, Puckett
03/11/2010Conferees appointed by House
03/11/2010Delegates: Janis, Kilgore, Herring
03/12/2010Conference report agreed to by House (95-Y 0-N)
03/12/2010VOTE: --- ADOPTION (95-Y 0-N) (see vote tally)
03/12/2010Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
03/22/2010Bill text as passed Senate and House (SB409ER)
03/22/2010Signed by Speaker
03/25/2010Signed by President
04/06/2010Impact statement from DPB (SB409ER)
04/10/2010G Approved by Governor-Chapter 352 (effective 7/1/10)
04/10/2010G Acts of Assembly Chapter text (CHAP0352)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.