SEARCH SITE

Search FAQs

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2010 SESSION

Convened January 13, 2010


CRIMINAL PROCEDURE

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation (C) Carried over to 2011 Session

Table of Contents | House Bill Index | Senate Bill Index | Chapter Index | PDF

Abduction or pandering; forfeiture of vehicle when involving a minor. Amending § 19.2-386.16. (Patron-Ebbin, HB 1113 (Chapter 710))
Affidavits; admissibility as evidence by government official regarding search of government records. Adding § 19.2-188.3. (Patron-Obenshain, SB 385 (Chapter 464))
Animal control officers; magistrate to issue arrest warrant for complaint thereby for felony offense. Amending §§ 3.2-6566, 19.2-71, and 19.2-72. (Patron-Bell, Robert B., HB 904 (Chapter 240))
Appeal of bail decision; court is determined based on where initial determination was made, etc. Amending § 19.2-124. (Patron-Armstrong, HB 636 (F))
Appeal of bail decision; court is determined based on where initial determination was made, etc. Amending §§ 19.2-124 and 19.2-132. (Patron-Reynolds, SB 75 (Chapter 592))
Assault and battery; penalty when against magistrate. Amending § 18.2-57. (Patron-Loupassi, HB 100 (F))
Assault and battery against a family or household member; if a person who commits against a person who is protected by a protective order is guilty of a misdemeanor. Amending §§ 18.2-57.2, 19.2-151, and 37.2-506. (Patron-McClellan, HB 216 (C))
Attorney-issued summons; eliminates prohibition of summonses in cases involving issuance of protective orders. Amending § 8.01-407. (Patron-Marsden, SB 721 (Chapter 486))
Attorney-issued summons; protective orders. Amending § 8.01-407. (Patron-Herring, HB 458 (Chapter 302))
Bail; terms set by court on a capias to be honored by magistrate. Adding § 19.2-130.1. (Patron-Griffith, HB 1194 (Chapter 312); Hurt, SB 490 (Chapter 375))
Bail bondsman; to receive criminal history information. Amending §§ 19.2-120 and 19.2-389. (Patron-Iaquinto, HB 1255 (Chapter 862))
Bail decision; appeal by an attorney for State. Amending § 19.2-124. (Patron-Reynolds, SB 724 (F))
Bail decision; specifies court which bond amount or term of recognizance should be appealed. Amending §§ 19.2-124 and 19.2-132. (Patron-Griffith, HB 291 (Chapter 404))
Bifurcated trial; when jury cannot agree on punishment, court shall impanel a different jury to ascertain. Amending § 19.2-295.1. (Patron-Cline, HB 1355 (F))
Capital cases; sentencing proceeding. Amending § 19.2-264.4. (Patron-Edwards, SB 162 (Chapter 658))
Capital murder; jury sentencing of a defendant who has entered a plea of guilty. Amending §§ 19.2-257 and 19.2-264.3. (Patron-Reynolds, SB 78 (F))
Capital murder; notice to State of expert testimony 60 days before trial. Amending § 19.2-264.3:1. (Patron-Iaquinto, HB 568 (Chapter 559))
Certificates of analysis; two-way video conferencing in criminal cases. Amending §§ 19.2-3.1 and 19.2-187.1. (Patron-Obenshain, SB 387 (Chapter 800))
Certificates of analysis and affidavits; State shall notify defendant if used in lieu of testimony. Amending §§ 18.2-472.1, 19.2-187, and 19.2-187.1. (Patron-McDougle, SB 106 (Chapter 656))
Community-based probation service agency, local; local probation programs to supervise offenders referred from drug courts. Amending § 19.2-303.3. (Patron-BaCote, HB 878 (F))
Companion animals; court may include in protective order provisions prohibiting harm. Amending §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Scott, J.M., HB 285 (C))
Concealed handgun permit applications; removes option for a locality to require an applicant to submit fingerprints. Amending § 18.2-308; repealing § 15.2-915.3. (Patron-Cline, HB 870 (F); Reynolds, SB 79 (F))
Concealed weapon and concealed handgun permits; reorganizes existing law. Amending §§ 15.2-915.3, 16.1-260, 17.1-406, 18.2-57.3, 18.2-287.01, 18.2-287.4, 18.2-308, 18.2-308.1, 18.2-311, 19.2-83.1, 19.2-120.1, 19.2-386.27, 19.2-386.28, and 22.1-277.07; adding §§ 18.2-308.01 through 18.2-308.014. (Patron-Lingamfelter, HB 489 (F))
Conditions of release; no person arrested for a felony may be released to pretrial services agency in lieu of posting secure bond until he is determined by court to be indigent. Amending § 19.2-123. (Patron-Petersen, SB 716 (F))
Conditions of release; no person arrested for a felony may be released to pretrial services agency unless he is determined by court to be indigent. Amending § 19.2-123. (Patron-Albo, HB 728 (F))
Conditions of sentence suspension; allows credits to be applied toward reducing offender’s time on supervised probation. Amending § 19.2-303. (Patron-Howell, SB 615 (F))
Conservators of the peace, special; authorized to use seal of State. Amending § 19.2-13. (Patron-Lingamfelter, HB 1204 (Chapter 530))
Correctional facility work program; person who participates to contribute part of his pay for court imposed fines, costs, forfeiture, etc., owed. Amending § 53.1-41. (Patron-McDougle, SB 670 (Chapter 616))
Court-appointed counsel; requires separate detailed accounting for representation expenses for each criminal charge. Amending § 19.2-163. (Patron-Cline, HB 864 (C))
Crime victims; no law-enforcement officer shall inquire into immigration status thereof. Adding § 19.2-11.02. (Patron-Howell, SB 462 (F))
Criminal background checks; fingerprint checks of certain applicants and employees of public transit services. Amending §§ 15.2-1503.1 and 19.2-389; adding § 15.2-4517.1. (Patron-Miller, J.H., HB 690 (Chapter 563); Puller, SB 28 (Chapter 189))
Criminal confessions; inadmissible unless videotaped. Adding § 19.2-269.3. (Patron-Morrissey, HB 793 (F))
Criminal conviction record; person convicted of certain offenses to petition to have his conviction expunged after a five-year period has expired. Amending §§ 19.2-392.1, 19.2-392.2, and 19.2-392.3. (Patron-McEachin, SB 70 (F))
Criminal Injuries Compensation Fund; includes individuals who have suffered physical injury or death due to an attack by dangerous or vicious dogs. Amending § 19.2-368.2. (Patron-Watts, HB 809 (F))
Criminal Injuries Compensation Fund; Workers’ Compensation Commission to adopt rates for payment of claims for services allowed. Amending § 19.2-368.3. (Patron-Howell, SB 88 (Chapter 780))
Criminal justice training academies; locality may eliminate statutory requirement to contain word training in their name or title. Amending § 15.2-1747. (Patron-Edmunds, HB 600 (Chapter 516))
Criminal procedure; sentencing revocation report worksheets. Amending §§ 19.2-298.01 and 19.2-306. (Patron-Howell, SB 617 (F))
Decibel level of sound; authorizes a law-enforcement officer to use certain equipment to determine. Amending § 2.2-1112; adding § 19.2-270.7. (Patron-Tata, HB 563 (Chapter 558))
Deferred disposition in criminal cases; allows court to defer and dismiss any case other than Class 4 felonies. Amending §§ 18.2-67.5:1, 18.2-104, and 19.2-303.4; adding § 19.2-303.5. (Patron-Morrissey, HB 522 (F))
District court; expungement of police and court records. Adding § 19.2-392.2:1. (Patron-Surovell, HB 823 (F))
DNA data bank; Department of Forensic Science to receive samples of human biological evidence to analyze, classify, and file results of DNA identification characteristics profiles. Amending § 19.2-310.5. (Patron-McClellan, HB 314 (Chapter 502))
Domestic relations cases; trier may draw an adverse inference against any party or witness who refuses to answer questions regarding certain conduct which may be self-incriminating. Amending § 8.01-223.1. (Patron-Marshall, R.G., HB 14 (F); Toscano, HB 67 (I) See HB14)
Driving under influence of alcohol; expands driving under influence crimes for which an officer may arrest person without warrant to include persons driving watercraft. Amending §§ 19.2-74 and 19.2-81. (Patron-Reynolds, SB 688 (C))
Driving under influence of alcohol, arrestee; allows a law-enforcement officer to arrest someone for DUI on suspended license and to transfer custody to another officer who may obtain warrant based on statements of arresting officer. Amending § 19.2-81. (Patron-Iaquinto, HB 1254 (I) See HB770)
Driving under influence of alcohol arrests; an officer at a medical facility may issue a summons for violation thereof, and for refusal of certain tests. Amending §§ 19.2-73, 19.2-74, and 19.2-81. (Patron-Cleaveland, HB 770 (Chapter 840))
Drug recognition experts; law-enforcement officer who performs drug field tests shall be trained by Department of Forensic Science. Amending § 19.2-188.1. (Patron-Crockett-Stark, HB 1087 (F))
Elected or appointed officials; limit on attorney-issued subpoenas. Amending § 8.01-407. (Patron-Keam, HB 1127 (F))
Electronic communication or remote computing service; provider may verify authenticity of written reports or records that are admissible in evidence as business records. Amending § 19.2-70.3. (Patron-Hurt, SB 494 (Chapter 721))
Electronic communication service; foreign corporation shall disclose a record or information pertaining to a subscriber to an investigative or law-enforcement officer. Amending § 19.2-70.3. (Patron-Hurt, SB 493 (Chapter 720))
Electronic communication service providers; obtaining records by certain investigative or law-enforcement officers for investigation of certain missing persons. Amending § 19.2-70.3. (Patron-Greason, HB 1252 (Chapter 582))
Emergency protective and removal orders; party shall file in circuit court, which shall hear and determine, any petition therefor. Amending § 16.1-244. (Patron-Edwards, SB 436 (F))
Exhibits; relieves clerk of notifying defendant of destruction or disposal of those used as evidence at trial. Amending § 19.2-270.4. (Patron-Anderson, HB 979 (Chapter 366); Stuart, SB 153 (Chapter 454))
Expert witnesses; extends application of two evidentiary statutes applicable in civil cases to criminal cases. Amending § 19.2-267. (Patron-Surovell, HB 829 (F))
Expungement of criminal conviction record; allows a person to have his conviction expunged after 10 years have passed. Amending § 19.2-392.2. (Patron-Morrissey, HB 183 (F))
Financial institutions; method of obtaining records concerning banking and credit cards. Amending § 19.2-10.1. (Patron-Landes, HB 946 (Chapter 702))
Firearms; possession by certain persons who have had parental rights terminated. Amending § 19.2-386.28; adding § 18.2-308.2:02. (Patron-Scott, J.M., HB 1146 (F))
Freedom of Information Act; disclosure of criminal investigative records. Amending §§ 2.2-3706, 2.2-3711, and 15.2-1713.1. (Patron-Edwards, SB 711 (C))
Freedom of Information Act; when petition is filed, party against whom writ is brought must be served with a copy of petition prior to filing. Amending § 2.2-3713. (Patron-Miller, J.H., HB 689 (I) See HB976; Puller, SB 147 (C))
Immediate sanction probation program; established. (Patron-Bell, Robert B., HB 927 (Chapter 845))
Incarcerated defendant; waiver of payment of interest on fines and costs accrued on cases other than one for which defendant is incarcerated. Amending § 19.2-353.5. (Patron-Morrissey, HB 182 (F); Marsh, SB 126 (F))
Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Adding §§ 19.2-264.3:1.3 and 19.2-264.3:4. (Patron-Watkins, SB 248 (Chapter 789))
Inmates; court or person having custody must determine whether treatment of mental illness is necessary. Amending §§ 19.2-169.6, 19.2-174.1, 19.2-175, 19.2-178, 19.2-389, 32.1-127.1:03, 37.2-803, 37.2-804, 37.2-809, and 37.2-811; repealing §§ 19.2-176 and 19.2-177.1. (Patron-O’Bannon, HB 311 (Chapter 406); Howell, SB 87 (Chapter 340))
Interpreters for non-English-speaking persons; compensation. Amending § 19.2-164. (Patron-Janis, HB 1338 (F))
Involuntary temporary detention order; hearing to be held no less than 24 and no more than 72 hours after execution. Amending §§ 19.2-169.6, 19.2-176, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-O’Bannon, HB 307 (C); Howell, SB 85 (C))
Jailable offense; discretion of law-enforcement officer to arrest or issue summons therefor. Amending § 19.2-74. (Patron-Reynolds, SB 643 (F))
Juvenile court docket; cases of assault and battery against family or household member to be advanced and heard within 30 days of arrest. Amending § 16.1-241. (Patron-McDougle, SB 177 (C))
Larceny; increases threshold amount of money or value of goods that defendant must take before crime rises from petit to grand. Amending §§ 18.2-23, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553. (Patron-Surovell, HB 828 (F); Petersen, SB 125 (F))
Law-enforcement officer; discretion of officer to arrest or issue summons to person for jailable offense. Amending § 19.2-74. (Patron-Miller, J.H., HB 681 (F))
Magistrate; may not issue an arrest warrant for a felony offense upon basis of a complaint by a person other than a law-enforcement officer. Amending § 19.2-71. (Patron-Ward, HB 1286 (F))
Mandatory self-identification; identifying oneself to law-enforcement officer when lawfully detained. Amending § 19.2-82.1. (Patron-Garrett, HB 1049 (F))
Marijuana; decriminalizes simple possession thereof, civil penalty. Amending §§ 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-252, 18.2-255, 18.2-255.2, 18.2-258, 18.2-259.1, 18.2-265.3, 18.2-308.1:5, 19.2-386.22, and 53.1-203; repealing § 18.2-255.1. (Patron-Morgan, HB 1134 (F))
Marijuana field test results; notice may be given by law-enforcement officer to defendant or, if defendant is a minor, to his parent or guardian. Amending § 19.2-188.1. (Patron-Cline, HB 1352 (F))
Marijuana plants; provides seizure of more than 10 is made in connection with any drug prosecution or investigation, law-enforcement agency may retain 10 of seized plants and destroy remainder. Amending § 19.2-386.24. (Patron-Reynolds, SB 444 (F))
Melendez-Diaz notice; notice of 6th Amendment rights to be given to an accused who is proceeding pro se. Amending §§ 18.2-472.1 and 19.2-187.1. (Patron-Surovell, HB 824 (F))
Mental health courts; definition, district and circuit courts may establish in any jurisdiction or for treatment for an offender. Adding § 19.2-180.1. (Patron-Edwards, SB 158 (F))
Misdemeanors; appointment of counsel, imposition of penalty of incarceration in certain cases. Amending §§ 19.2-157 and 19.2-160. (Patron-Cleaveland, HB 1394 (F))
Misdemeanors; incarceration options, appointment of counsel or waiver of right. Amending §§ 19.2-157 and 19.2-160. (Patron-Griffith, HB 1393 (F))
Multi-jurisdiction grand jury; impanelment. Amending § 19.2-215.3. (Patron-Griffith, HB 1195 (Chapter 438))
Nolle prosequi; entered only in discretion of court. Amending § 19.2-265.3. (Patron-Miller, J.H., HB 691 (F))
Petition to vacate finding of guilt of convicted person; upon discovery of new evidence. Adding § 19.2-9.2. (Patron-Morrissey, HB 184 (F))
Podiatry; testifying as an expert witness, definition of practice. Amending § 54.1-2900; adding § 8.01-401.2:1. (Patron-Peace, HB 723 (Chapter 725); Howell, SB 82 (Chapter 715))
Police lineups; establishes a uniform procedure to be used by all law-enforcement agencies. Adding § 19.2-269.3. (Patron-Alexander, HB 207 (C))
Preliminary hearing; admissibility of certificates of analysis at hearing and trial. Amending §§ 17.1-275.5, 19.2-183, and 19.2-187.1. (Patron-Gilbert, HB 500 (Chapter 555))
Preliminary hearing; admissibility of certificates of analysis at trial. Amending §§ 19.2-183 and 19.2-187.1. (Patron-Herring, HB 456 (F))
Preliminary hearing; district court judge may order witness testimony to be reduced to writing. Amending § 19.2-185. (Patron-Toscano, HB 68 (F); McDougle, SB 176 (F))
Presentence reports; availability to counsel for convicted person. Amending §§ 9.1-177.1 and 19.2-299. (Patron-Marshall, R.G., HB 13 (Chapter 223))
Primates; prohibits any person from acquiring after July 1, 2010, penalty. Amending § 3.2-6581; adding § 3.2-6584.1. (Patron-Ticer, SB 570 (F))
Protective orders; allows petitioner to obtain an extension of such order for period of no more than two years. Amending §§ 16.1-279.1 and 19.2-152.10. (Patron-Bell, Robert B., HB 930 (Chapter 425); Howell, SB 468 (Chapter 468))
Protective orders; authorizes a judicial officer to require that a respondent be subject to GPS monitoring. Amending §§ 16.1-253.1, 16.1-253.4, 16.1-279.1, 18.2-60.3, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 20-103. (Patron-Pogge, HB 164 (C); Armstrong, HB 656 (C))
Protective orders; clarifies that minor may petition therefor with or without consent of a parent, etc. Adding § 16.1-279.2. (Patron-Oder, HB 1156 (C))
Protective orders; requires Executive Secretary of Supreme Court, on an annual basis, to consult with appropriate judicial authorities of adjacent states. (Patron-Bell, Robert B., HB 931 (Chapter 426); Howell, SB 467 (Chapter 467))
Protective orders; service of notice by law-enforcement officer. Amending § 16.1-264. (Patron-Herring, HB 453 (C))
Public defenders; Indigent Defense Commission to study creation of office to serve Montgomery County. (Patron-Nutter, HJR 129 (F))
Public defenders; supplemental compensation. Amending §§ 19.2-163.01 and 19.2-163.01:1. (Patron-McClellan, HB 1216 (Chapter 314))
Release on recognizance; accused shall be released on his own by a judicial officer only upon completion of processing. Amending § 19.2-123. (Patron-Iaquinto, HB 1253 (F))
Restorative justice programs; established for offenders and victims. Adding § 19.2-11.5. (Patron-Hanger, SB 679 (F))
Search warrant and affidavit, out-of-state; to be honored by State corporation or other entity when properly served. Amending § 19.2-70.3. (Patron-Marshall, R.G., HB 84 (Chapter 319); Hurt, SB 492 (Chapter 473))
Servicemembers and Veterans Court Act; created, report. Adding § 19.2-5.1. (Patron-Gear, HB 663 (F))
State attorneys; increase of fees in criminal cases. Amending § 15.2-1627.3. (Patron-Albo, HB 1208 (F))
State attorneys; increase of fees in criminal cases. Amending §§ 15.2-1627.3, 17.1-275.1 through 17.1-275.4, 17.1-275.7, 17.1-275.8, and 17.1-275.9. (Patron-McDougle, SB 531 (F))
Threat assessment teams; availability of certain records established by higher educational institutions relating to assessment or intervention with specific individual. Amending §§ 2.2-3705.4, 19.2-389, 19.2-389.1, 23-9.2:10, and 32.1-127.1:03. (Patron-Bell, Robert B., HB 903 (Chapter 524); Edwards, SB 207 (Chapter 456))
Unexecuted warrants; allows state attorney to move court which warrant or summons would be returnable for dismissal of any unserved. Amending § 19.2-76.1. (Patron-Reynolds, SB 72 (Chapter 652))
Veterans’ mental health courts; allows Hampton Roads to establish. Adding § 19.2-5.1. (Patron-Miller, J.C., SB 592 (I) See SB158)
Victims of crime; may visit perpetrator in prison facility. Amending §§ 19.2-11.4 and 53.1-30. (Patron-Bell, Robert B., HB 913 (Chapter 844))
Virginia Criminal Information Network (VCIN); person who has violated provisions of his post-release supervision to be entered into system. Amending §§ 19.2-390, 53.1-149, and 53.1-162. (Patron-Landes, HB 585 (Chapter 273))
Voluntary admission; person admitted to facility for mental health treatment after issuance of temporary detention order. Amending §§ 19.2-169.6, 19.2-176, 19.2-182.9, 37.2-805, 37.2-809, 37.2-813, 37.2-814, and 37.2-819. (Patron-Howell, SB 84 (C))
Witnesses; State attorney to designate, in felony cases, one investigative law-enforcement official who may remain in courtroom. Amending § 19.2-265.1. (Patron-Hurt, SB 488 (F))
Wrongful incarceration; definition, compensation. Amending § 8.01-195.10. (Patron-Alexander, HB 203 (Chapter 496))
Zoning appeals, Board of; fee for filing appeal by person aggrieved by decision, court to allow writ of certiorari to review decision of board. Amending §§ 15.2-2311 and 15.2-2314. (Patron-Athey, HB 1063 (Chapter 241))

2010 Cumulative Index of Bills, Joint Resolutions, and Resolutions - For additional information, please contact the House of Delegates Information and Public Relations Office, P. O. Box 406, State Capitol, Richmond, Virginia 23218, telephone (804) 698-1500. Last updated 06/17/10