A BILL to amend and reenact §§ 16.1-262 and 46.2-388 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 17.1 an article numbered 9, consisting of sections numbered 17.1-296 through 17.1-299, relating to Court Date Reminder Program established.
SB 442 establishes a statewide Court Date Reminder Program to notify criminal defendants and traffic infraction defendants of upcoming court dates and payment deadlines. The Executive Secretary of the Supreme Court would be required to develop or procure the program, which must send at least two reminders—one week before and one day before a scheduled appearance or required payment date—using text messages when possible, or other methods such as phone, email, or internet-based communication when text messaging is not available. The reminders must include key case information, opt-out information, consequences for failing to appear or pay, and instructions for resolving matters online when applicable.
The bill also requires follow-up notice within two days after certain court actions, such as issuance of a capias, a guilty finding, or driver’s license suspension, if the defendant fails to appear or pay. It directs court, law-enforcement, and corrections personnel to collect telephone numbers when practicable, prohibits penalizing a defendant for refusing to provide one, and requires collected numbers to be used only for the reminder program. The bill further requires a public website or similar mechanism for updating contact information and enrolling in the program, and it mandates annual data collection and reporting on enrollment, opt-outs, missing phone numbers, and failures to appear or pay.
SB 442 would add a new Article 9 to Title 17.1 of the Code of Virginia and amend §§ 16.1-262 and 46.2-388 to support the reminder system. It changes petition and summons procedures by allowing phone numbers collected in juvenile and other court filings to be used for the reminder program and by adding a phone-number field to uniform summons forms for motor vehicle law violations. The bill would affect defendants in criminal and traffic cases, juvenile defendants and their parents or guardians, court staff, law-enforcement officers, corrections personnel, and the Supreme Court’s Executive Secretary, who would administer the program and report its performance to the General Assembly.
The available vote history shows strong support, with the bill incorporated by the Courts of Justice Committee on a 15-0 vote. That suggests broad agreement on the general goal of reducing missed court appearances and related enforcement actions through reminder notifications. No committee transcript is available, so the record does not show detailed debate, but the unanimous vote indicates the proposal was viewed favorably by the committee.
The main policy issues implied by the bill are privacy, data use, and implementation burden. The bill addresses privacy concerns by limiting use of collected phone numbers to the reminder program and stating that refusal to provide a number cannot be held against a defendant. It also creates administrative obligations for courts, law enforcement, and corrections staff to collect contact information and for the Supreme Court to maintain the system, send reminders, and publish data. Potential points of contention would likely center on whether the program is sufficiently protective of personal information, whether defendants should be automatically enrolled or opt out, and whether the operational costs and staffing demands are justified by the expected reduction in failures to appear.