Juvenile court; allows State to appeal a suppression ruling to circuit court and Court of Appeals. (SB489)

Introduced By

Sen. Robert Hurt (R-Chatham)

Description

Juvenile court; interlocutory appeals by Commonwealth.  Allows the Commonwealth to appeal a juvenile court suppression ruling to circuit court and the Court of Appeals. Upon the motion of the Commonwealth the juvenile court must stay the proceedings and issue a written statement of its findings of law and relevant facts in support of its suppression ruling and submit the case to the circuit court for a de novo hearing. The hearing has priority on the circuit court's docket and if it upholds the suppression ruling, the Commonwealth may appeal to the Court of Appeals. The bill applies in preliminary hearings, transfer hearings and trials in juvenile court where the offense would be a felony if committed by an adult and to rulings prohibiting the use of certain evidence on the grounds that the evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination.

The bill also allows the time limitations on secure detention to be extended for the Commonwealth's appeal and provides that written court decisions of the Court of Appeals shall not contain the first or last name of the juvenile. Read the Bill »

Status

02/08/2010: Failed to Pass in Committee

History