2011 SESSION

Convened January 12, 2011 -

COURTS NOT OF RECORD

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Adoption procedures; makes numerous changes. Amending §§ 16.1-241, 16.1-243, 63.2-1202, 63.2-1230, and 63.2-1250. (Patron-Toscano, HB 2421 (F))

Appeal bond; requirement if defendant’s liability insurance doesn’t provide confirmation of coverage. Amending § 16.1-107. (Patron-Athey, HB 1845 (Chapter 58))

Cannabinoids, synthetic; penalties for transport, possession, sale, or distribution, etc. Amending §§ 4.1-225, 9.1-176.1, 15.2-907, 16.1-260, 16.1-278.8:01, 18.2-251, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-308, 18.2-308.1:5, 18.2-308.4, 18.2-474.1, 19.2-83.1, 19.2-187, 19.2-386.22 through 19.2-386.25, 22.1-277.08, 22.1-279.3:1, 24.2-233, 53.1-145, 53.1-203, and 54.1-3446; adding § 18.2-248.1:1. (Patron-Garrett, HB 1434 (Chapter 384); Herring, SB 745 (Chapter 410))

Child abduction; all money, property, etc., of persons used in abduction are subject to lawful seizure by order of court in which conviction is obtained. Amending §§ 19.2-386.16 and 52-33; adding § 19.2-386.32. (Patron-McClellan, HB 2361 (Chapter 818); Quayle, SB 1141 (Chapter 852))

Child custody or visitation; single petition may be filed in juvenile and domestic relations district court. Amending § 16.1-260. (Patron-Surovell, HB 1807 (F))

Child support; court shall make a determination and enter an order containing such determination. Amending § 16.1-278.15. (Patron-Kilgore, HB 1585 (F))

Child support; court shall make determination and enter an order at initial court date on any initial petition. Amending § 16.1-278.15. (Patron-Quayle, SB 1143 (F))

Child support, custody, or visitation; single petition may be filed in juvenile and domestic relations district court. Amending § 16.1-260. (Patron-Surovell, HB 822 (CD))

Circuit courts; juvenile’s right to appeal transfer of case. Amending § 16.1-269.6. (Patron-Edwards, SB 822 (F))

Circuit courts; shall have original and general jurisdiction over all cases involving termination of residual parental rights. Amending §§ 16.1-241, 16.1-276.2, 16.1-296, 16.1-309, and 17.1-513. (Patron-Griffith, HB 292 (CD))

Civil cases; increases filing fees to finance judicial salaries. Amending §§ 16.1-69.48:2, 17.1-275, 17.1-328, and 17.1-418. (Patron-McEachin, SB 816 (F))

Commitment on parole supervision; court services unit to consult with local department of social services 60 days prior to person’s release. Amending § 16.1-293. (Patron-Keam, HB 2276 (I) See HB2036)

Commitment on parole supervision; court services unit to consult with local department of social services 90 days prior to person’s release. Amending § 16.1-293. (Patron-Peace, HB 2036 (Chapter 39); Marsden, SB 1170 (Chapter 442))

Common interest communities; court may enter default judgment against unit owner on sworn affidavit. Amending §§ 16.1-77, 55-79.80:2, and 55-513. (Patron-Sickles, HB 2289 (Chapter 372); Herring, SB 1327 (Chapter 378))

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 (CD))

Computer analysis; clerk may assess person a fee not to exceed $100 for each performed by a law-enforcement agency upon any criminal conviction. Adding §§ 16.1-69.48:1.02 and 17.1-275.11:1. (Patron-Gilbert, HB 2449 (Chapter 511))

Court-appointed counsel; requires separate detailed accounting for representation expenses for each criminal charge. Amending § 19.2-163. (Patron-Cline, HB 864 (CD))

Courts; establishes new boundaries for various judicial circuits and districts, and reallocates number of judges. Amending §§ 15.2-2308, 16.1-69.9:3, 16.1-69.16, 16.1-69.18, 16.1-69.31, 16.1-266.2, 17.1-113, 17.1-114, 17.1-121, 17.1-501, 17.1-508, 17.1-510, 17.1-511, 19.2-6, and 55-168; adding §§ 16.1-69.6:01, 16.1-69.6:02, 17.1-506.1, and 17.1-507.1; repealing §§ 16.1-69.6, 16.1-69.6:1, 17.1-506, and 17.1-507. (Patron-Edwards, SB 1240 (F))

Criminal proceedings; investigative costs of law-enforcement agency. Amending § 17.1-275.5; adding § 16.1-69.48:1.02. (Patron-Bell, Robert B., HB 2067 (F))

Criminal records; clerk of district court shall ensure that all nonconfidential court records shall contain last four digits of person’s social security number. Amending §§ 16.1-69.54 and 17.1-225. (Patron-Abbott, HB 1259 (CD))

Criminal records; clerk of district court shall ensure that all nonconfidential court records shall contain last two digits of person’s social security number. Amending §§ 16.1-69.54 and 17.1-225. (Patron-Abbott, HB 1922 (F))

Disposition of driver’s licenses; court shall not order surrender of license under certain conditions. Amending § 46.2-398. (Patron-Albo, HB 2391 (Chapter 271))

Driving under influence of alcohol; penalty for transporting person 18 years of age or younger. Amending §§ 16.1-278.9, 18.2-36.1, 18.2-51.4, 18.2-266.1, and 18.2-270; adding § 18.2-270.02. (Patron-Miller, J.C., SB 300 (CD))

DUI Personal Responsibility Initiative Fund; established. Amending §§ 4.1-103, 16.1-69.48:1.01, and 17.1-275.11; adding § 18.2-270.02. (Patron-Loupassi, HB 1429 (F))

Emergency custody orders; increases hours in which orders must be executed after its issuance. Amending §§ 16.1-340 and 37.2-808. (Patron-Herring, HB 2090 (Chapter 249))

Emergency protective orders; law-enforcement officer may serve notice. Amending § 16.1-264. (Patron-Herring, HB 2089 (Chapter 482))

Family or household member; expands definition. Amending § 16.1-228. (Patron-Barker, SB 208 (CD); Reynolds, SB 877 (I) See SB1222)

Foster care; allows child placed in care to remain at his original school if determined by social services agency and school division. Amending §§ 16.1-281 and 22.1-3.4; adding § 63.2-900.3. (Patron-Barker, SB 1038 (Chapter 154))

Foster care plan; eliminates independent living as permanency goal option. Amending §§ 16.1-281, 16.1-282, 16.1-282.1, and 63.2-906. (Patron-Barker, SB 1037 (Chapter 730))

General district court; civil jurisdiction in actions of unlawful entry or detainer. Amending §§ 8.01-128 and 16.1-77. (Patron-Sherwood, HB 1534 (Chapter 76))

General district court; extends concurrent jurisdiction. Amending § 16.1-77. (Patron-Loupassi, HB 1446 (I) See HB1590)

Guardian ad litem; requires preliminary hearing be held prior to appointment. Amending §§ 37.2-1002, 37.2-1003 through 37.2-1006, 37.2-1008, and 37.2-1012; adding §§ 37.2-1002.1 and 37.2-1002.2. (Patron-Morgan, HB 2261 (F))

Guardianship; eliminates option for parents who are separated but not divorced to bring custody proceeding in either circuit court or juvenile and domestic relations district court. Amending § 31-8; repealing §§ 31-15 through 31-18. (Patron-Herring, HB 2085 (Chapter 113))

Inspection of motor vehicles; exceptions to requirements. Amending §§ 16.1-69.48:1, 17.1-275.7, 46.2-700, 46.2-908.3, 46.2-1157, and 46.2-1158.1; adding §§ 46.2-1158.01 and 46.2-1158.02; repealing § 46.2-1161. (Patron-McDougle, SB 915 (Chapter 283))

Judges; election in Court of Appeals, circuit court, general district court, and juvenile and domestic relations district court. (Patron-Janis, HJR 704 (P))

Judges; nominations for election to general district court. (Patron-Janis, HR 53 (P); Marsh, SR 25 (P))

Judges; nominations for election to juvenile and domestic relations district court. (Patron-Janis, HR 54 (P); Marsh, SR 26 (P))

Judicial circuits and districts; establishes new boundaries and reallocates number of judges serving. Amending §§ 15.2-2308, 16.1-69.9:3, 16.1-69.16, 16.1-69.18, 16.1-69.31, 16.1-266.2, 17.1-113, 17.1-114, 17.1-121, 17.1-501, 17.1-508, 17.1-510, 17.1-511, 19.2-6, and 55-168; adding §§ 16.1-69.6:01, 16.1-69.6:02, 17.1-506.1, and 17.1-507.1; repealing §§ 16.1-69.6, 16.1-69.6:1, 17.1-506, and 17.1-507. (Patron-Janis, HB 1990 (F))

Judicial vacancies; removes requirement that Committee on District Courts and Supreme Court certify vacancies in judiciary prior to legislature filling those vacancies. Amending §§ 16.1-69.9:3, 17.1-507, and 17.1-511. (Patron-Janis, HB 242 (CD))

Jurisdictional limits of courts; increases maximum civil limit of general district courts. Amending §§ 8.01-195.4, 16.1-77, 43-34, and 46.2-644.03. (Patron-Iaquinto, HB 1590 (Chapter 14); McEachin, SB 774 (Chapter 702))

Juvenile court deferral and dismissal; delinquency or traffic proceeding case that is dismissed following satisfaction of terms and conditions of deferred judgment is not eligible for expungement. Amending § 16.1-306. (Patron-Greason, HB 1448 (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 (CD))

Juvenile dispositions; gives circuit court authority to modify finding of guilt, etc. Amending § 16.1-272. (Patron-Howell, SB 948 (F))

Juvenile Justice, Department of; confidentiality of records. Amending § 16.1-300. (Patron-Gilbert, HB 1783 (Chapter 99); Reynolds, SB 1166 (Chapter 169))

Juveniles; filing of petition not necessary for certain misdemeanor offenses. Amending § 16.1-260. (Patron-Habeeb, HB 2462 (Chapter 825))

Juveniles; may be detained in secure facility for violation if fail to adhere to conditions of court upon being released. Amending § 16.1-248.1. (Patron-Marsden, SB 1168 (Chapter 644))

Juveniles; offenses for which juvenile is subject to transfer and trial as an adult. Amending § 16.1-269.1. (Patron-McDougle, SB 389 (CD); McDougle, SB 914 (F))

Juveniles; right in certain violent felony cases to appeal to circuit court. Amending § 16.1-269.6. (Patron-Edwards, SB 205 (CD))

Juveniles; transfer to circuit court for criminal trial. Amending §§ 16.1-228 and 16.1-269.1. (Patron-Greason, HB 1980 (F))

Law-enforcement employment; disclosure of juvenile records. Amending §§ 16.1-308 and 19.2-389.1. (Patron-Carrico, HB 2012 (Chapter 622))

Mental health courts; any district court or circuit court may establish. Adding § 19.2-180.1. (Patron-Edwards, SB 820 (F))

Parental rights; final orders for termination are appealed directly to Court of Appeals. Amending §§ 16.1-241, 16.1-296, 16.1-298, and 17.1-405; adding § 16.1-296.3. (Patron-Toscano, HB 748 (CD))

Prepayment of fines; chief judge of circuit court may enter an order allowing for those fines imposed under local traffic infraction, etc. Amending §§ 16.1-69.40:1 and 16.1-69.40:2. (Patron-Peace, HB 2033 (Chapter 694))

Pretrial appeal by State attorney; expanded to include an appeal on constitutionality of ruling by juvenile and domestic relations district court. Amending §§ 17.1-406 and 19.2-398. (Patron-Loupassi, HB 1406 (F))

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 (CD); Armstrong, HB 656 (CD))

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 (CD))

Protective orders; court may include in provisions prohibiting harm to companion animal and damage to any item of personal property. 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 1716 (I) See HB2063)

Protective orders; definition, makes numerous changes to laws governing family abuse, and stalking protective orders. Amending §§ 16.1-228, 16.1-253.1, 16.1-253.2, 16.1-253.4, 16.1-279.1, 18.2-57.2, 18.2-60.3, 18.2-60.4, 19.2-81.3, 19.2-152.8, 19.2-152.9, 19.2-152.10, 19.2-387.1, 19.2-390, and 52-45. (Patron-Lucas, SB 1364 (I) See SB1222)

Protective orders; expands class of persons eligible to obtain. Amending §§ 16.1-69.55, 16.1-228, 16.1-253.1, 16.1-253.4, 16.1-279.1, 17.1-213, 17.1-272, 18.2-60.4, 19.2-81.3, 19.2-120, 19.2-152.8, 19.2-152.9, and 19.2-152.10; adding § 19.2-152.7:1. (Patron-Bell, Robert B., HB 2063 (Chapter 480); Barker, SB 1222 (Chapter 445))

Protective orders; expands class of persons who is eligible to obtain in cases of family abuse to include persons who are in a dating relationship. Amending §§ 16.1-228, 16.1-243, 16.1-253.1, 16.1-253.2, 16.1-253.4, 16.1-260, 16.1-266.2, 16.1-279.1, 16.1-296, 16.1-298, 19.2-11.2, and 19.2-81.3. (Patron-Morrissey, HB 2340 (I) See HB2063)

Protective orders; makes numerous changes to laws governing family abuse and stalking orders, penalty. Amending §§ 16.1-69.55, 16.1-228, 16.1-253.1, 16.1-253.2, 16.1-253.4, 16.1-279.1, 17.1-213, 18.2-57.2, 18.2-60.3, 18.2-60.4, 19.2-81.3, 19.2-120, 19.2-152.8, 19.2-152.9, 19.2-152.10, 19.2-387.1, 19.2-390, and 52-45. (Patron-Toscano, HB 2422 (I) See HB2063)

Protective orders; service of notice by law-enforcement officer. Amending § 16.1-264. (Patron-Herring, HB 453 (CD))

Restoration of firearms rights; any person may petition court to restore his right after being acquitted by reason of insanity, etc. Amending §§ 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, and 18.2-308.2:1. (Patron-Athey, HB 1699 (Chapter 775))

Speed limits; adds Page County to list of counties where unposted maximum speed limit on nonsurface treated highways is 35 miles per hour. Amending § 46.2-873.1. (Patron-Gilbert, HB 1782 (Chapter 29))

Substitute judges; allows an assistant attorney for State to be appointed. Amending § 16.1-69.21. (Patron-Greason, HB 1978 (F))

Substitute judges; judge of a district court shall live within boundaries in which he serves or within an adjoining district. Amending § 16.1-69.16. (Patron-Villanueva, HB 2121 (F))

Unexecuted warrants; State attorney may move court for dismissal if issued by magistrate, exceptions. Amending § 19.2-76.1. (Patron-Athey, HB 1695 (Chapter 336))