SB 853 Criminal cases; delayed appeals, assignments of errors dismissed in part.
William M. Stanley, Jr. | all patrons    ...    notes
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Summary as passed Senate: (all summaries)

Delayed appeals in criminal cases; assignment of errors dismissed in part. Provides that an appellant may file a motion for leave to pursue a delayed appeal in a criminal case in the Court of Appeals of Virginia when the appeal was dismissed, in whole or in part, for a failure to (i) initiate the appeal; (ii) adhere to proper form, procedures, or time limits in the perfection of the appeal; or (iii) file the indispensable transcript or written statement of facts, even if other parts of the appeal were refused on the merits. Under current law, an appellant may not pursue a delayed appeal in such a case if part of the appeal was refused on the merits. The bill also provides that an appellant may file a motion for leave to pursue a delayed appeal in a criminal case that is appealed to the Supreme Court of Virginia from the Court of Appeals of Virginia for those assignments of error that were dismissed because they did not adhere to a proper form, even if other assignments of error were refused on the merits. As introduced, this bill was a recommendation of the Judicial Council of Virginia. This bill is identical to HB 1545.

Full text:
12/02/16  Senate: Prefiled and ordered printed; offered 01/11/17 17101708D  pdf
01/25/17  Senate: Committee substitute printed 17104429D-S1  pdf
02/14/17  Senate: Bill text as passed Senate and House (SB853ER)  pdf
02/20/17  Governor: Acts of Assembly Chapter text (CHAP0079)  pdf

Status:
12/02/16  Senate: Prefiled and ordered printed; offered 01/11/17 17101708D
12/02/16  Senate: Referred to Committee for Courts of Justice
01/25/17  Senate: Committee substitute printed 17104429D-S1
01/25/17  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/27/17  Senate: Constitutional reading dispensed (39-Y 0-N)
01/30/17  Senate: Read second time
01/30/17  Senate: Reading of substitute waived
01/30/17  Senate: Committee substitute agreed to 17104429D-S1
01/30/17  Senate: Engrossed by Senate - committee substitute SB853S1
01/31/17  Senate: Read third time and passed Senate (40-Y 0-N)
02/03/17  House: Placed on Calendar
02/03/17  House: Read first time
02/03/17  House: Referred to Committee for Courts of Justice
02/08/17  House: Reported from Courts of Justice (21-Y 0-N)
02/10/17  House: Read second time
02/13/17  House: Read third time
02/13/17  House: Passed House BLOCK VOTE (97-Y 0-N)
02/13/17  House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/14/17  Senate: Enrolled
02/14/17  Senate: Bill text as passed Senate and House (SB853ER)
02/14/17  House: Signed by Speaker
02/15/17  Senate: Signed by President
02/15/17  Senate: Enrolled Bill Communicated to Governor on 2/15/17
02/15/17  Governor: Governor's Action Deadline Midnight, February 22, 2017
02/20/17  Governor: Approved by Governor-Chapter 79 (effective 7/1/17)
02/20/17  Governor: Acts of Assembly Chapter text (CHAP0079)