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Bill > SB999


VA SB999

VA SB999
Appeals; procedure on appeal, payment of expenses.


summary

Introduced
01/07/2025
In Committee
02/14/2025
Crossed Over
01/31/2025
Passed
03/07/2025
Dead
Signed/Enacted/Adopted
04/02/2025

Introduced Session

2025 Regular Session

Bill Summary

Appeals; security for appeal and fees; procedure on appeal. Changes the amount of the suspending bond required during the pendency of all appeals of any judgment granting legal, equitable, or any other form of relief from one year's interest calculated from the date of the notice of appeal to the value of the judgment plus two and one-half years' interest calculated from the date of the notice of appeal. The bill also provides an appellate court with discretion in assessing attorney fees, costs, and necessary expenses against an indigent defendant when the conviction of the defendant is upheld on appeal. Under current law, the appellate court must assess such fees, costs, and expenses against an indigent defendant when the conviction of the defendant is upheld on appeal. Finally, the bill also provides that a panel of the Court of Appeals may dispense with oral argument if such panel unanimously decides that such oral argument is unnecessary because the facts and legal arguments are adequately presented in the briefs and the record such that the decisional process would not be significantly aided by oral argument and provides that this provision shall expire on June 30, 2027, unless reenacted by the 2027 Session of the General Assembly.

AI Summary

This bill makes several modifications to Virginia's legal procedures, focusing on appeals and court processes. In the Court of Appeals, the bill allows a panel to unanimously decide to skip oral arguments if they determine that the briefs and record adequately present the facts and legal arguments, effectively streamlining the appeals process. The bill also changes how attorney fees and expenses are handled for indigent defendants (those who cannot afford legal representation): previously, the court was required to assess attorney fees, costs, and expenses against an indigent defendant if their conviction was upheld on appeal, but now the court has discretionary power to do so. Additionally, the bill modifies the language around payment of attorney fees, removing some gender-specific terminology and clarifying the process for when the Commonwealth will pay such fees. Importantly, the new provisions related to oral arguments will expire on June 30, 2027, unless the General Assembly specifically reenacts them during the 2027 legislative session, which provides a built-in mechanism for periodic review of these procedural changes.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Acts of Assembly Chapter text (CHAP0612) (on 04/02/2025)

bill text


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