Fellow Virginia Researchers and LVA staff in particular:
On several Virginia and North Carolina rootsweb email lists there has been
discussion and alarm regarding Senate Bill 818, which passed the Virginia
Senate unanimously on February 4 and is now before the House. This summary
appears at this link. Since it is not a long bill I have pasted it in its
entirety at the end:
http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818
"Summary as passed Senate: <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818S">(all summaries)</A>
Destruction of will files. Allows the clerk to destroy a will's file along
with the original will after 5 years have passed since probate or recordation
and allows destruction of originals of instruments which have been recorded
and remained unretrieved by the recording party after 6 months, if the
documents are no longer of any value and have been microfilmed."
There is understanding among list subscribers regarding the origin of the
bill and the problems of storage of original documents. However, there is
concern that there does not appear to be any "instructions" in the bill
(though there may be such in other official committee documents that comprise
the legiislative history) encouraging/advising county courts to offer these
documents to interested parties, such as local historical societies,
libraries, essentially anybody -- not to mention LVA -- before such records
are destroyed. Goodness, I'd think counties could make alot of money simply
selling them! I know I'd certainly consider buying several if made
available.
It would seem as if all of us who have visited courthouses could soon find
there would be no purpose in doing so because all of the old documents there
could be destroyed. While there is a requirement for microfilming, I
believe all of us who have viewed such films know that often it is necessary
to return to the originals to puzzle words out, view tops/bottoms cut off,
etc.
I am interested in commentary from LVA staff as to any thoughts on the bill.
Is alarm justified? Are there further moves afoot to amend the legislation
in the House? Is passage a "done deal"?
If alarm is not justified, (a) will this bill simply advance LVA's collection
of all old records, as the NC State Archives do -- does LVA see its staff
scooping up such documents before deep sixed?; (b) does this bill reflect the
needs of only a select group of counties and the rest would be expected to
maintain their old records; and/or (c) other options?
Thanks in advance for any comments.
Best Regards, Janet Hunter
http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+SB818
<A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818">summary</A> | <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+SB818+pdf">pdf</A>
030795508
SENATE BILL NO. 818
Offered January 8, 2003
Prefiled January 6, 2003
A BILL to amend and reenact § 17.1-213 of the Code of Virginia, relating to
destruction of will files.
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Patron-- Norment
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-213">17.1-213</A> of the Code of Virginia is amended and reenacted as
follows:
§ <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-213">17.1-213</A>. Disposition of papers in ended cases.
A. All case files for cases ended prior to January 1, 1913, shall be
permanently maintained in hardcopy form, either in the locality served by the
circuit court where such files originated or in The Library of Virginia in
accordance with the provisions of §§ <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-83">42.1-83</A> and <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-86">42.1-86</A>.
B. The following records for cases ending on or after January 1, 1913, may be
destroyed in their entirety at the discretion of the clerk of each circuit
court after having been retained for ten 10 years after conclusion:
1. Conditional sales contracts;
2. Concealed weapons permit applications;
3. Minister appointments;
4. Petitions for appointment of trustee;
5. Name changes;
6. Nolle prosequi cases;
7. Law and chancery matters that are voluntarily dismissed, including
nonsuits, cases that are dismissed as settled and agreed, cases that are
dismissed with or without prejudice, cases that are discontinued or dismissed
under § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-335">8.01-335</A> and district court appeals dismissed under § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-113">16.1-113</A> prior
to 1988;
8. Misdemeanor and traffic cases, including those which were commenced on a
felony charge but concluded as a misdemeanor;
9. Suits to enforce a lien;
10. Garnishments;
11. Executions except for those covered in § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-484">8.01-484</A>;
12. Miscellaneous oaths and qualifications, but only if the order or oath or
qualification is spread in the appropriate order book; and
13. Civil cases pertaining to declarations of habitual offender status and
full restoration of driving privileges.
C. All other records or cases ending on or after January 1, 1913, may be
destroyed in their entirety at the discretion of the clerk of each circuit
court subject to the following guidelines:
1. All civil and chancery case files to which subsection D does not pertain
may be destroyed after twenty 20 years from the court order date.
2. All criminal cases dismissed, including those not a true bill, acquittals
and not guilty verdicts, may be destroyed after ten 10 years from the court
order date.
3. All criminal case files involving a felony conviction may be destroyed (i)
after twenty 20 years from the sentencing date or (ii) when the sentence term
ends, whichever comes later.
D. Under the provisions of subsections B and C, the entire file of any case
deemed by the local clerk of court to have historical value, as defined in § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-77">
42.1-77</A>, or genealogical or sensational significance shall be retained
permanently as shall all cases in which the title to real estate is
established, conveyed or condemned by an order or decree of the court. The
final order for all cases in which the title to real estate is so affected
shall include an appropriate notification thereof to the clerk.
E. Except as provided in subsection A, the clerk of a circuit court may cause
(i) any or all ended records, papers, or documents pertaining to law,
chancery, and criminal cases which have been ended for a period of three 3
years or longer, (ii) any unexecuted search warrants and affidavits for
unexecuted search warrants, provided at least three 3 years have passed since
issued, (iii) any abstracts of judgments, and (iv) original wills and will
files, to be destroyed if such records, papers, documents, or wills no longer
have administrative, fiscal, historical, or legal value to warrant continued
retention, provided such records, papers, or documents have been microfilmed.
Such microfilm and microphotographic process and equipment shall meet state
archival microfilm standards pursuant to § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-82">42.1-82</A> and such microfilm shall
be placed in conveniently accessible files and provisions made for examining
and using same. The clerk shall further provide security negative copies of
such microfilmed materials for storage in The Library of Virginia.
<A HREF="http://leg1.state.va.us/031/lis.htm">Legislative Information System</A>
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