|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Specialty dockets; referrals.
Provides that any court may refer a defendant to a local specialty docket if such specialty docket exists within that jurisdiction. The bill provides that a court that has received a referral shall have jurisdiction over the defendant for any matter that does not dispose of a charge or defense for the duration of the referral and shall enter an order making a recommendation for disposing the matter, including any proposed findings of fact, at the end of the referral or any other time as necessary.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.4 as follows:
� 19.2-266.4. Referrals to specialty dockets from other courts.
A. If a local specialty docket that has been established in accordance with the Rules of Supreme Court of Virginia exists within a jurisdiction, any other court within that jurisdiction may refer any defendant to such specialty docket provided that such defendant meets the criteria to be accepted into such local specialty docket.
B. The court that has received such referral shall have jurisdiction over the defendant for any matter that does not dispose of a charge or defense for the duration of the referral. Jurisdiction for adjudication and all matters regarding the disposition of the case shall remain with the court making the referral.
C. At the end of the referral or any other time necessary if the referral needs to be terminated, the court that has received the referral shall enter an order making a recommendation for disposing the matter, including any proposed findings of fact. Within 14 days after entry of such order, any party may file specific written objections to the proposed findings and recommendations with the court making the referral. Failure to object in accordance with this subsection waives a partys right to object to the proposed findings. The referring court shall consider any objection to the proposed findings and recommendations. The referring court may accept, reject, or modify the recommendation or receive further evidence as necessary.
D. Nothing contained in this section shall confer a right or an expectation for a defendant to be referred to a local specialty docket nor shall it be construed as a requirement for a local specialty docket to accept for participation every defendant.
|01/07/2020||Senate||Senate: Prefiled and ordered printed; offered 01/08/20 20104266D|
|01/07/2020||Senate||Senate: Referred to Committee on the Judiciary|