Virginia 2017 Regular Session Status: Enacted

SB 853 — Criminal cases; delayed appeals, assignments of errors dismissed in part.

Last action — Approved by Governor-Chapter 79 (effective 7/1/17)

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced December 02, 2016. Enacted.

Prognosis

Likely to advance 70% · 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.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

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.

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 Text

Action History

  1. Approved by Governor-Chapter 79 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, February 22, 2017

  3. Enrolled Bill Communicated to Governor on 2/15/17

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Passed House BLOCK VOTE (97-Y 0-N)

  8. Read third time

  9. Read second time

  10. Referred to Committee for Courts of Justice

  11. Read first time

  12. Placed on Calendar

  13. Engrossed by Senate - committee substitute SB853S1

  14. Committee substitute agreed to 17104429D-S1

  15. Reading of substitute waived

  16. Read second time

  17. Referred to Committee for Courts of Justice

  18. Prefiled and ordered printed; offered 01/11/17 17101708D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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.

Show all 147 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed House BLOCK VOTE

Passed 97 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 97000
Total 97000
% of votes cast 100%0%0%0%
How each member voted (97)
Member Party Vote
Albo — Yea
Cole — Yea
Edmunds — Yea
Filler-Corn — Yea
Freitas — Yea
Gilbert — Yea
Habeeb — Yea
Landes — Yea
LaRock — Yea
LeMunyon — Yea
Levine — Yea
Orrock — Yea
Villanueva — Yea
Yancey — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Cox — Yea
Jones — Yea
Marshall, D.W. — Yea
Marshall, R.G. — Yea
Miller — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Cline — Yea
Collins — Yea
Dudenhefer — Yea
Fariss — Yea
Farrell — Yea
Greason — Yea
Helsel — Yea
Heretick — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
Ingram — Yea
James — Yea
Keam — Yea
Kory — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Miyares — Yea
Mullin — Yea
Murphy — Yea
O'Bannon — Yea
Mr. Speaker — Yea
Peace — Yea
Plum — Yea
Pogge — Yea
Ransone — Yea
Robinson — Yea
Rush — Yea
Stolle — Yea
Toscano — Yea
Tyler — Yea
Yost — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Delores L. McQuinn — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 853 do?
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
Who sponsors SB 853?
SB 853 is sponsored by William M. Stanley, Jr..
What is the current status of SB 853?
This bill has been enacted into law. Introduced December 02, 2016. Enacted.
Where can I track SB 853?
Track SB 853 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 853

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 853

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →