Virginia 2023 Regular Session Status: Enacted

HB 1992 — Juvenile and domestic relations district courts; notice of appeal to the circuit court.

Last action — Acts of Assembly Chapter text (CHAP0788)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 12, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 8 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

108 added · 110 removed

Plain-language change summary

The updated bill HB 1992 introduces a new requirement that in cases of family support disputes, parties now have 30 days to appeal from a final order, rather than the standard 10 days given for other cases. Additionally, it clarifies that failing to serve the notice of appeal properly does not automatically invalidate the appeal, allowing more flexibility for those contesting decisions. These changes aim to ensure fairness in the appeal process and afford families more time to navigate legal complexities, particularly in sensitive situations involving support orders.

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VIRGINIA ACTS OF ASSEMBLY -- 2023 RECONVENED SESSION CHAPTER 788 An Act to amend and reenact § 16.1-296 of the Code of Virginia, relating to juvenile and domestic relations district courts;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact § 16.1-296 of the Code of Virginia, relating to juvenile and domestic relations district courts;
[H 1992] Approved April 12, 2023 Be it enacted by the General Assembly of Virginia:
E N [H 1992] Approved R O 1.
1.
A.
L A.
From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment, order, or conviction and shall be heard de novo.
From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 daEs from the entry of a final judgment, order, or conviction and shall be heard de novo.
However, in In any such case, a copy of the notice of appeal shall be served consistent with Rule 1:12 of the Rules of Supreme of the appealing party to properly serve the notice of appeal shall not affect the validity of an otherwise proper appeal.
However, in In any such case, a copy of the notice of appeal shall be served consistent with Rule 1:12 of the Rules of Dupreme Court of Virginia by the appealing party upon the opposing party or each counsel of record.
However, if the court determines that the appealing party failed to properly serve a copy of the notice of appeal upon an opposing party, the court may, on its own motion, (i) continue any hearing on such appeal or (ii) dismiss such appeal absent a showing of good cause by the appealing party.
The failure proper appeal.
However, if the court determines that the appealing party failed to properly serve a copyise of the notice of appeal upon an opposing party, the court may, on its own motion, (i) continue any hearing on such appeal or (ii) dismiss such appeal absent a showing of good cause by the appealing party.
In a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment.
In a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgmHnt.
Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.
Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered p1rsuant to § 1B.
B.
Where an appeal is taken by a child on a finding that he or she is delinquent and on a disposition pursuant to § 16.1-278.8, trial by jury on the issue of guilt or innocence of the alleged delinquent act may be had on motion of the child, the attorney for the Commonwealth or the circuit court judge.
Where an appeal is taken by a child on a finding that he or she is delinquent and on a disposition may be had on motion of the child, the attorney for the Commonwealth or the circuit court judge.
If the alleged delinquent act is one which, if committed by an adult, would constitute a felony, the child shall be entitled to a jury of 12 persons.
If thet alleged delinquent act is one which, if committed by an adult, would constitute a felony, the child shall be entitled to a jury of 12 persons.
In any hearing held upon an appeal taken by a child on a finding that he is delinquent and on a disposition pursuant to § 16.1-278.8, the provisions of § 16.1-302 shall apply mutatis mutandis, except in the case of trial by jury which shall be open.
In any hearing held upon an appeal taken by a child on a finding that he is delinquent and on a the case of trial by jury which shall be open.
If proceedings in the circuit court are closed pursuant to this subsection, any records or portions thereof relating to such closed proceedings shall remain confidential.
If proceedings in the circuit court are closed pursuant ton this subsection, any records or portions thereof relating to such closed proceedings shall remain confidential.
Upon receipt of the notice of appeal from the juvenile court, the circuit court shall provide a copy of the order and a copy of the notice of appeal to the attorney for the Commonwealth within seven days after receipt of notice of an appeal.
Upon receipt of the notice of appeal from the juvenile court, the circuit court shall provide a days after receipt of notice of an appeal.
When an appeal is taken in a case involving termination of parental rights brought under § 16.1-283, the circuit court shall hold a hearing on the merits of the case within 90 days of the perfecting of the appeal.
When an appeal is taken in a case involving termination of parental rights brought under perfecting of the appeal.
E.
of 2 E.
Where an appeal is taken by an adult on a finding of guilty of an offense within the jurisdiction of the juvenile and domestic relations district court, the appeal shall be dealt with in all respects as is an of 2 appeal from a general district court pursuant to §§ 16.1-132 through 16.1-137;
Where an appeal is taken by an adult on a finding of guilty of an offense within the jurisdiction of the juvenile and domestic relations district court, the appeal shall be dealt with in all respects as is an appeal from a general district court pursuant to §§ 16.1-132 through 16.1-137;
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Action History

  1. Acts of Assembly Chapter text (CHAP0788)

  2. Enacted, Chapter 788 (effective 7/1/23)

  3. Signed by President as reenrolled

  4. Signed by Speaker as reenrolled

  5. Reenrolled bill text (HB1992ER2)

  6. Reenrolled

  7. Governor's recommendation adopted

  8. Senate concurred in Governor's recommendation (40-Y 0-N)

  9. VOTE: Adoption (96-Y 0-N)

  10. House concurred in Governor's recommendation (96-Y 0-N)

  11. Placed on Calendar

  12. Governor's recommendation received by House

  13. Governor's Action Deadline 11:59 p.m., March 27, 2023

  14. Enrolled Bill communicated to Governor on March 2, 2023

  15. Signed by President

  16. Signed by Speaker

  17. Bill text as passed House and Senate (HB1992ER)

  18. Enrolled

  19. Passed Senate (40-Y 0-N)

  20. Read third time

  21. Constitutional reading dispensed (40-Y 0-N)

  22. Reported from Judiciary (15-Y 0-N)

  23. Referred to Committee on the Judiciary

  24. Constitutional reading dispensed

  25. VOTE: Passage (98-Y 1-N)

  26. Read third time and passed House (98-Y 1-N)

  27. Engrossed by House - committee substitute HB1992H1

  28. Committee substitute agreed to 23105142D-H1

  29. Read second time

  30. Read first time

  31. Committee substitute printed 23105142D-H1

  32. Reported from Courts of Justice with substitute (19-Y 1-N)

  33. Subcommittee recommends reporting with substitute (7-Y 1-N)

  34. House subcommittee amendments and substitutes offered

  35. Assigned Courts sub: Subcommittee #2

  36. Referred to Committee for Courts of Justice

  37. Prefiled and ordered printed; offered 01/11/23 23100641D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 1992?
HB 1992 is sponsored by Charniele L. Herring.
What is the current status of HB 1992?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
Where can I track HB 1992?
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