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February 2003

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"Research and writing about Virginia genealogy and family history." <[log in to unmask]>
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Fri, 7 Feb 2003 12:16:49 EST
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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. 
----------
Patron-- Norment 
----------
Referred to Committee for Courts of Justice 
----------
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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