Circuit court clerks; revises various powers and duties for certification of records, etc. (HB1658)

Introduced By

Del. Todd Gilbert (R-Woodstock) with support from co-patron Del. Sal Iaquinto (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Clerk's fees; electronic records; certification of records; etc. Revises various powers and duties of circuit court clerks for certification of records, assessment of fees, etc., such as (i) providing that the use of the term "copy teste," "true copy," or "certified copy" is prima facie evidence that a document is a certified copy of the official record kept in the clerk's office; (ii) providing that a judgment for certain assessments or fees to be paid to the clerk of court shall be recorded as a judgment in favor of the Commonwealth if such assessments or fees are not fully paid on the date of sentencing; (iii) requiring the clerk to be reimbursed by the Criminal Fund for the fees associated with providing copies of records to court appointed counsel in a criminal case, (iv) allowing the clerk to charge up to $10 for any service rendered by the clerk that is not part of a court proceeding and for which no specific fee is provided by law; (v) defining "operational expenses," which are funded by certain clerk's fees, to include various technology maintenance and enhancements; (vi) clarifying that a clerk shall forward an abstract of certain convictions to the Department of Motor Vehicles within 18 days after such conviction or, in the case of civil judgments, within 30 days after the judgment has become final (vii) allowing the clerk to maintain records in adoption cases in electronic format; and (viii) repealing the requirement that a clerk verify the accuracy of a record made by him. Amends § 17.1-275, § 17.1-275.5, § 17.1-295, § 18.2-254.1, § 19.2-354, § 46.2-383, § 55-137.1, § 63.2-1245, § 8.01-389, § 8.01-405, § 8.01-446, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/07/2013Committee
01/07/2013Prefiled and ordered printed; offered 01/09/13 13101949D
01/07/2013Referred to Committee for Courts of Justice
01/11/2013Assigned Courts sub: #2 Civil
01/21/2013Subcommittee recommends reporting (8-Y 0-N)
01/21/2013Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
01/23/2013Reported from Courts of Justice with substitute (17-Y 0-N) (see vote tally)
01/23/2013Committee substitute printed 13104291D-H1
01/25/2013Read first time
01/28/2013Read second time
01/28/2013Committee substitute agreed to 13104291D-H1
01/28/2013Engrossed by House - committee substitute HB1658H1
01/29/2013Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/29/2013VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
01/30/2013Constitutional reading dispensed
01/30/2013Referred to Committee for Courts of Justice
02/07/2013Impact statement from DPB (HB1658H1)
02/11/2013Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/11/2013Committee substitute printed 13105075D-S1
02/11/2013Rereferred to Finance
02/13/2013Reported from Finance with amendment (15-Y 0-N) (see vote tally)
02/14/2013Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/15/2013Read third time
02/15/2013Reading of substitute waived
02/15/2013Committee substitute agreed to 13105075D-S1
02/15/2013Reading of amendment waived
02/15/2013Committee amendment agreed to
02/15/2013Engrossed by Senate - committee substitute with amendment HB1658S1
02/15/2013Passed Senate with substitute with amendment (38-Y 2-N) (see vote tally)
02/18/2013Placed on Calendar
02/19/2013Senate substitute with amendment agreed to by House 13105075D-S1 (97-Y 0-N)
02/19/2013VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/22/2013Enrolled
02/22/2013Bill text as passed House and Senate (HB1658ER)
02/22/2013Impact statement from DPB (HB1658ER)
02/23/2013Signed by Speaker
02/23/2013Signed by President
03/13/2013G Approved by Governor-Chapter 263 (effective 7/1/13)
03/13/2013G Acts of Assembly Chapter text (CHAP0263)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 5 minutes.

Comments

marshamaines writes:

This legislation could PROTECT the clerks from PERSONAL litigation for practicing law without a license, as well as permit the BAR CARDS who have turned Land Records into CRIME SCENES with their Robo-Executed "assignments" which enabled THEFT of HOMES by administrative foreclosures in cases whereby the banks had NO LEGAL nor LAWFUL INTERESTS in those properties - TO BE HELD ACCOUNTABLE FOR THEIR CRIMES. (and payments in bank shares from Bank of America for their frauds, and thefts)
I VOTE YES.