Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. (HB2165)
Introduced By
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The bill provides that the attorney for the Commonwealth shall continue to represent the Commonwealth in any appeal regarding bail, bond, or recognizance before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. The bill provides that the attorney for the Commonwealth shall represent the Commonwealth before the appellate courts on criminal pretrial petitions for appeal. The bill also provides that any appeal from any action collaterally attacking a criminal conviction lies directly to the Supreme Court. The bill eliminates the requirement that four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing in criminal pretrial appeals. This bill is identical to SB 1259. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/11/2023 | Committee |
| 01/11/2023 | Prefiled and ordered printed; offered 01/11/23 23102466D |
| 01/11/2023 | Referred to Committee for Courts of Justice |
| 01/19/2023 | Assigned Courts sub: Subcommittee #1 |
| 01/23/2023 | House subcommittee amendments and substitutes offered |
| 01/23/2023 | Subcommittee recommends reporting with substitute (5-Y 2-N) |
| 01/27/2023 | Reported from Courts of Justice with substitute (12-Y 8-N) (see vote tally) |
| 01/27/2023 | Committee substitute printed 23105046D-H1 |
| 01/31/2023 | Read first time |
| 02/01/2023 | Read second time |
| 02/01/2023 | Committee substitute agreed to 23105046D-H1 |
| 02/01/2023 | Engrossed by House - committee substitute HB2165H1 |
| 02/02/2023 | Read third time and passed House (54-Y 45-N) |
| 02/02/2023 | VOTE: Passage (54-Y 45-N) (see vote tally) |
| 02/03/2023 | Constitutional reading dispensed |
| 02/03/2023 | Referred to Committee on the Judiciary |
| 02/08/2023 | Impact statement from DPB (HB2165H1) |
| 02/13/2023 | Reported from Judiciary (13-Y 0-N) (see vote tally) |
| 02/14/2023 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/15/2023 | Read third time |
| 02/15/2023 | Passed by for the day |
| 02/16/2023 | Read third time |
| 02/16/2023 | Passed Senate (40-Y 0-N) (see vote tally) |
| 02/21/2023 | Enrolled |
| 02/21/2023 | Bill text as passed House and Senate (HB2165ER) |
| 02/21/2023 | Impact statement from DPB (HB2165ER) |
| 02/21/2023 | Signed by Speaker |
| 02/23/2023 | Signed by President |
| 03/02/2023 | Enrolled Bill communicated to Governor on March 2, 2023 |
| 03/02/2023 | G Governor's Action Deadline 11:59 p.m., March 27, 2023 |
| 03/23/2023 | G Approved by Governor-Chapter 314 (effective 7/1/23) |
| 03/23/2023 | G Acts of Assembly Chapter text (CHAP0314) |
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