Criminal cases; delayed appeals, assignments of errors dismissed in part.
Summary
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
Bill status
signed
all 5 stages cleared
Introduction
Dec 2016
Committee Review
Feb 2017
Senate Passage
Feb 2017
House of Delegates Passage
Feb 2017
Signed into Law
Feb 2017
Introduced Dec 2, 2016
Signed Feb 20, 2017
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
18
Key actions
4
Committee
4
Feb 20, 2017
Signed into law
Approved by Governor-Chapter 79 (effective 7/1/17)
executive
Feb 13, 2017
Legislature · Passed
Passed House BLOCK VOTE (97-Y 0-N)
legislature
Feb 3, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Jan 30, 2017
Legislature · Passed
Engrossed by Senate - committee substitute SB853S1
legislature
Jan 30, 2017
Legislature · Passed
Committee substitute agreed to 17104429D-S1
legislature
Dec 2, 2016
Committee
Referred to Committee for Courts of Justice
legislature
Dec 2, 2016
Introduced
Prefiled and ordered printed; offered 01/11/17 17101708D
legislature
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Bill Stanley
RRepublican
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