republic-os/legislation/us/states/va/2017/sb-853.md

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags

type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Criminal cases; delayed appeals, assignments of errors dismissed in part.	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	us/states/va	Virginia General Assembly	2017	SB 853	Virginia SB 853 (2017)	bill	Criminal Procedure	enacted	William M. Stanley, Jr.	4	18	5	2016-12-02	2017-02-20	openstates	ocd-bill/94ff31c3-89c9-47b5-9abb-9d14e5ffc628	http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB853	5638fea8f4ab13a4be56408e023f0b30baf6d88b2173d784534fab6b3f03f101	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-va

Virginia SB 853 (2017) — Criminal cases; delayed appeals, assignments of errors dismissed in part.

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

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. Governor: Acts of Assembly Chapter text (CHAP0079) (committee substitute) — source
2. Senate: Bill text as passed Senate and House (SB853ER) (committee substitute) — source
3. Senate: Committee substitute printed 17104429D-S1 (committee substitute) — source
4. Senate: Prefiled and ordered printed; offered 01/11/17 17101708D (committee substitute) — source

Votes

• Constitutional reading dispensed — 39–0 (pass) · legislature
• Reported from Courts of Justice with substitute — 15–0 (pass) · legislature
• Reported from Courts of Justice — 21–0 (pass) · legislature
• Passed House BLOCK VOTE — 97–0 (pass) · legislature
• Read third time and passed Senate — 40–0 (pass) · legislature

Sponsors

• William M. Stanley, Jr. — primary (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2016-12-02 Prefiled and ordered printed; offered 01/11/17 17101708D introduction
• 2016-12-02 Referred to Committee for Courts of Justice referral-committee
• 2017-01-30 Read second time reading-2
• 2017-01-30 Reading of substitute waived
• 2017-01-30 Committee substitute agreed to 17104429D-S1
• 2017-01-30 Engrossed by Senate - committee substitute SB853S1
• 2017-02-03 Placed on Calendar
• 2017-02-03 Read first time reading-1
• 2017-02-03 Referred to Committee for Courts of Justice referral-committee
• 2017-02-10 Read second time reading-2
• 2017-02-13 Read third time reading-3
• 2017-02-13 Passed House BLOCK VOTE (97-Y 0-N) passage
• 2017-02-14 Enrolled
• 2017-02-14 Signed by Speaker
• 2017-02-15 Signed by President
• 2017-02-15 Enrolled Bill Communicated to Governor on 2/15/17
• 2017-02-15 Governor's Action Deadline Midnight, February 22, 2017
• 2017-02-20 Approved by Governor-Chapter 79 (effective 7/1/17) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/94ff31c3-89c9-47b5-9abb-9d14e5ffc628. Confidence: reported (aggregated from official Virginia legislature records).