history | hilite | pdf
Offered January 8, 2003
Prefiled January 8, 2003
A BILL to amend the Code of Virginia by adding in Chapter 19 of Title 19.2 a section numbered 19.2-327.01, relating to final judgments in trial court; modification and appeal.

Patrons-- McDonnell, Albo, Griffith and Kilgore; Senators: Martin, Norment and Stolle
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 19 of Title 19.2 a section numbered 19.2-327.01 as follows:

19.2-327.01. Final judgments in circuit court; when modifiable and appealable.

Notwithstanding any rule of court, all final judgments, orders and decrees, in a criminal case in a circuit court shall remain under the control of the circuit court, and be subject to be modified, vacated, or suspended for 90 days after the date of entry, and no longer. Notwithstanding the finality of the judgment, in a criminal case the circuit court may postpone execution of the sentence in order to give the accused an opportunity to apply for a writ of error and supersedeas; such postponement, however, shall not extend any of the time limits prescribed by either statute or rule of court for applying for a writ of error. The date of entry of any final judgment, order or decree shall be the date the judgment, order, or decree is signed by the judge.

No criminal appeal from the circuit court' s final judgment shall be allowed unless, within 100 days after entry of final judgment or other appealable order or decree, counsel files with the clerk of the circuit court a notice of appeal, mails or delivers a copy of such notice to all opposing counsel and the clerk of the Court of Appeals at the same time, and otherwise follows the applicable rules of court. Notwithstanding the time limits established by the rules of court, the clerk of the circuit court shall, whether or not so requested, transmit the record in the case in time for delivery to the clerk of the Court of Appeals within 6 months after entry of the judgment appealed from.


Legislative Information System