2006 Code of Virginia § 16.1-131.1 - Procedure when constitutionality of a statute is challenged in a court not of record.

16.1-131.1. Procedure when constitutionality of a statute is challenged ina court not of record.

In any criminal or traffic case in a court not of record, if the court rulesthat a statute or local ordinance is unconstitutional, it shall upon motionof the Commonwealth, stay the proceedings and issue a written statement ofits findings of law and relevant facts, if any, in support of its ruling andshall transmit the case, together with all papers, documents, and evidenceconnected therewith, to the circuit court for a determination ofconstitutionality. Either party may file a brief with the circuit court.Either party may request oral argument before the circuit court. The circuitcourt shall give the issue priority on its docket. If the circuit court rulesthat the statute or local ordinance is unconstitutional, the Commonwealth mayappeal such interlocutory order to the Court of Appeals and thereafter to theSupreme Court; however, if the circuit court rules that the statute or localordinance is constitutional, the circuit court shall remand the case to thecourt not of record for trial consistent with the ruling of the circuit court.

(2006, cc. 571, 876.)