2011 SESSION

Convened January 12, 2011 -

CRIMINAL PROCEDURE

(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

Accused released on recognizance; report to Central Criminal Records Exchange. Amending § 19.2-123. (Patron-Janis, HB 1997 (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))

Assault and battery against a family or household member; if committed against person protected by protective order, then guilty of a misdemeanor. Amending §§ 18.2-57.2, 19.2-151, and 37.2-506. (Patron-McClellan, HB 216 (CD))

Attorney fees; collection of unpaid fines, etc. Amending § 19.2-349. (Patron-Villanueva, HB 1967 (F))

Bad checks; person writing for payment of rent is subject to criminal penalties. Amending § 18.2-181. (Patron-Martin, SB 1411 (F))

Bail; magistrate shall set in accordance with order of court that issued capias. Amending § 19.2-130.1. (Patron-Bell, Robert B., HB 2060 (Chapter 112))

Bail bondsmen; regulation. Amending § 9.1-185.8. (Patron-Herring, HB 2437 (Chapter 623))

Bonds; in criminal or juvenile cases shall be payable to county, city, or town where recognizance was taken. Amending §§ 19.2-136 and 19.2-143. (Patron-Iaquinto, HB 2158 (Chapter 802))

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))

Certificates of analysis; adds Forensic Document Laboratory of U.S. Department of Homeland Security as an authorized lab in criminal matters. Amending §§ 19.2-187 and 19.2-187.01. (Patron-Norment, SB 1184 (Chapter 645))

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 pornography; restitution for victims. Amending § 19.2-305.1. (Patron-Janis, HB 1995 (Chapter 575); Deeds, SB 1426 (Chapter 588))

Citizenship of arrestee; arresting officer to ascertain. Adding § 19.2-83.3. (Patron-Lingamfelter, HB 2332 (I) See HB1430)

Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain. Amending §§ 19.2-80 and 19.2-82. (Patron-Albo, HB 1430 (F))

Communications intercepts; broadens jurisdictional scope of court issuing an order sought by Attorney General. Amending §§ 19.2-66 and 19.2-70. (Patron-Gilbert, HB 1780 (Chapter 403); Obenshain, SB 1198 (Chapter 414))

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))

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

Court-ordered disclosure of electronic communication service records; sealing of order. Amending § 19.2-70.3. (Patron-Iaquinto, HB 1593 (Chapter 392))

Criminal case; allows court to defer disposition. Amending § 19.2-303.4; adding § 19.2-303.6. (Patron-Quayle, SB 1142 (F))

Criminal cases; delayed appeal. Amending §§ 19.2-321.1 and 19.2-321.2. (Patron-Herring, HB 2438 (Chapter 278))

Criminal history record information; Departments of Rehabilitative Services and for Blind and Vision Impaired to obtain for purpose of employment. Amending § 19.2-389. (Patron-Merricks, HB 1707 (Chapter 449); Blevins, SB 956 (Chapter 432))

Criminal history record information; to be supplied at no charge to person who has applied to be volunteer with Boy Scouts of America, Girl Scouts of United States of America, etc. Amending § 19.2-389. (Patron-Abbott, HB 1923 (F))

Criminal Injuries Compensation Fund; expands category of criminal victims entitled to receive compensation to include injured victims of vehicular hit-and-run. Amending § 19.2-368.2. (Patron-Pogge, HB 1462 (F))

Criminal Justice Services Board and Department of Criminal Justice Services; powers and duties. Amending §§ 9.1-102, 9.1-150, and 9.1-176; repealing §§ 9.1-127, 9.1-158, 9.1-159, 9.1-160, 9.1-163, and 9.1-164. (Patron-Miller, J.H., HB 2387 (Chapter 821); Reynolds, SB 1163 (Chapter 854))

D N A data bank; modifies entities to which Department of Forensic Science may release information. Amending § 19.2-310.5. (Patron-Cline, HB 2281 (Chapter 66); Obenshain, SB 1197 (Chapter 171))

D N A samples; taken of those convicted of sexual battery when victim is a minor. Amending § 19.2-310.2. (Patron-Bell, Robert B., HB 2065 (Chapter 247))

Death sentence; removes some circumstances in which circuit courts are required to set execution dates. Amending § 53.1-232.1. (Patron-Herring, HB 2092 (F))

Defendants; Virginia State Crime Commission to study disposition of those unrestorably incompetent. (Patron-Bell, Robert B., HJR 626 (F))

Deferred dispositions; no court shall have authority to defer and dismiss a criminal case. Adding § 19.2-298.02. (Patron-Gilbert, HB 2513 (F))

Driver training standards; Department of Criminal Justice Services shall establish and publish a model policy for law enforcement that embody current best practices for pursuits and for responding to emergency calls. Amending § 9.1-102. (Patron-McQuinn, HB 2213 (Chapter 579); Howell, SB 944 (Chapter 635))

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 (CD))

Driving under influence of alcohol; notice of breath test certificate is to be provided to clerk of court no later than three business days following day provided to accused. Amending § 19.2-187.1. (Patron-Iaquinto, HB 1591 (Chapter 32))

Drug charges; expungement of records. Amending §§ 18.2-250.1, 18.2-251, and 19.2-392.2. (Patron-Ware, O., HB 1463 (F))

Drunk boating; reinstates language allowing for transfer of custody of person arrested. Amending § 19.2-81. (Patron-Cleaveland, HB 2423 (Chapter 510))

Eluding police; vehicle driven shall be forfeited and sold by sheriff. Amending §§ 4.1-340 and 19.2-386.16. (Patron-Loupassi, HB 1403 (F); McQuinn, HB 2211 (I) See HB1403)

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

Expert witnesses; literature designations. Amending § 8.01-401.1. (Patron-Obenshain, SB 806 (F))

Family abuse protective orders; upon conviction of assault and battery, court may enter order for a specified period. Amending § 18.2-57.2. (Patron-Ware, O., HB 1936 (F))

Financial exploitation of elderly or vulnerable adults; penalty. Adding §§ 18.2-178.1 and 19.2-386.32. (Patron-Watts, HB 1633 (F); Herring, SB 1325 (F))

Fines, costs, and fees; requires cost of collecting be added to total amounts due instead of paid from amounts collected, etc. Amending § 19.2-349. (Patron-Marsden, SB 1445 (F))

Forensic Science, Department of; powers and duties. Amending §§ 9.1-1101 and 19.2-310.5. (Patron-Hanger, SB 1103 (Chapter 638))

Freedom of Information Act; amends definition of criminal investigative file. Amending § 2.2-3706. (Patron-Edwards, SB 1467 (F))

Freedom of Information Act; criminal records are exempt from mandatory provisions. Amending § 2.2-3706. (Patron-Keam, HB 2269 (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 (CD))

Freedom of Information Act; requires that party against whom petition is brought must receive a copy at least three working days prior to filing. Amending § 2.2-3713. (Patron-Anderson, HB 1860 (Chapter 783); Puller, SB 763 (Chapter 133))

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-Anderson, HB 976 (CD); Puller, SB 147 (CD))

Global Positioning System (GPS); tracking for person on bond or as a condition of probation. Amending §§ 19.2-123 and 19.2-303. (Patron-Armstrong, HB 2106 (Chapter 799); McDougle, SB 925 (Chapter 837))

Governor’s warrant; changes requirement that warrant of arrest and extradition be received within four working days. Amending § 19.2-92. (Patron-Hope, HB 1891 (Chapter 59))

Grand larceny; increases threshold amount of money or value of goods. 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 1810 (F))

Human trafficking; Department of Criminal Justice Services, etc., regarding identification, etc., of offenses using common law and existing criminal statutes. Amending § 9.1-102. (Patron-Newman, SB 1453 (Chapter 719))

Incapacitated adults; abuse and neglect. Amending §§ 18.2-369 and 19.2-8. (Patron-Loupassi, HB 1606 (F))

Incarcerated defendant; waiver of payment of interest on fines and costs for certain cases. Amending § 19.2-353.5. (Patron-Morrissey, HB 2347 (F); Marsh, SB 775 (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 (CD); Howell, SB 85 (CD))

Journalists; prohibits a body with authority to issue a subpoena to testify regarding any information. Adding §§ 2.2-4022.1, 8.01-410.1, and 19.2-282.1 through 19.2-282.8. (Patron-Comstock, HB 2199 (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 information dissemination; for determination of eligibility to possess or purchase a firearm, information shall be disseminated to State Police or U.S. Attorney General. Amending § 19.2-389.1. (Patron-Cosgrove, HB 2445 (F))

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

Local professional license violations; creates a statute of limitations. Amending § 19.2-8. (Patron-Keam, HB 2272 (Chapter 494))

Local treasurer; authorized to be compensated when collecting fines, costs, etc. Amending § 19.2-349. (Patron-Tata, HB 1785 (F))

Magistrates; ascertaining citizenship of arrested persons. Amending § 19.2-82. (Patron-Herring, SB 1328 (F))

Magistrates; power to issue felony arrest warrants. Amending §§ 19.2-71 and 19.2-72. (Patron-Cosgrove, HB 1650 (Chapter 205); Reynolds, SB 782 (Chapter 223))

Mandatory self-identification; failure to identify oneself to law-enforcement officer. Amending § 19.2-82.1. (Patron-Garrett, HB 1574 (F))

Marijuana plants; where there is a seizure of more than 10 suspected in connection with any drug prosecution, appropriate law-enforcement agency may destroy. Amending § 19.2-386.24. (Patron-Puckett, SB 1012 (F))

Marital privilege; in criminal cases, a person may refuse to disclose any confidential communication between his spouse and him during their marriage. Amending § 19.2-271.2. (Patron-Ingram, HB 2426 (F))

Medical malpractice actions; changes number of days after receipt of written request of defendant in which plaintiff must provide certification form. Amending § 8.01-20.1. (Patron-Herring, SB 1330 (F))

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

Missing and Exploited Children, National Center for; law enforcement to forward digital images of child pornography to Center. Adding § 19.2-390.4. (Patron-Villanueva, HB 1955 (F))

Multijurisdiction grand jury; investigate violation including insurance fraud. Amending § 19.2-215.1. (Patron-Loupassi, HB 2363 (Chapter 504))

Notice of seizure; when property is seized for forfeiture, notice is provided to treasurer of locality. Amending § 19.2-386.3. (Patron-Johnson, HB 2143 (Chapter 83))

Police and court records; expungement. Amending § 19.2-392.2. (Patron-Gilbert, HB 1776 (Chapter 362))

Police lineups; establishes a uniform procedure to be used by all law-enforcement agencies. Adding § 19.2-269.3. (Patron-Alexander, HB 207 (CD))

Presumption against admission to bail; adds to list of crimes committed. Amending § 19.2-120. (Patron-Wilt, HB 1713 (Chapter 450))

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))

Pretrial deposition; mechanism for taking and use of witness testimony in a criminal trial who is unavailable because of sickness or impending death. Adding § 19.2-268.3. (Patron-Marsden, SB 1180 (F))

Pretrial services agencies; removes mandatory requirement for locality to establish. Amending § 19.2-152.2. (Patron-Gilbert, HB 2450 (F))

Probationer; required to pay support to those legally responsible. Amending § 19.2-305. (Patron-Spruill, HB 1897 (F))

Prostitution; expungement of charge if person was forced to engage. Amending §§ 18.2-346 and 19.2-392.2. (Patron-Comstock, HB 2440 (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; expands class of persons who may be issued order from victims of stalking, etc. Amending §§ 17.1-272, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Filler-Corn, HB 1876 (I) See HB2063; Hanger, SB 1091 (I) See SB1222)

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; person who has been issued order may petition to have police and court records expunged. Amending § 19.2-392.4; adding § 19.2-392.2:1. (Patron-Marsden, SB 767 (F))

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

Protective orders, preliminary; makes prohibition on purchasing and transporting firearms applicable to persons where a petition alleging abuse or neglect has been filed. Amending § 18.2-308.1:4. (Patron-Gilbert, HB 1779 (Chapter 402); Reynolds, SB 754 (Chapter 373))

Protective orders, preliminary; makes prohibition on purchasing and transporting firearms applicable to persons whose orders contain a finding of abuse or neglect. Amending § 18.2-308.1:4. (Patron-Reynolds, SB 758 (F))

Psychological tests; court may, upon motion, seal test received into evidence. Amending § 19.2-267; adding § 8.01-413.03. (Patron-Hanger, SB 1089 (F))

Restricted license; authorizes court to issue to travel to and from jail when defendant is on work release. Amending § 18.2-271.1. (Patron-McClellan, HB 2362 (Chapter 592))

Search warrant affidavit; public availability. Amending § 19.2-54. (Patron-Loupassi, HB 1479 (Chapter 196))

Search warrants; allows court to temporarily seal. Amending § 19.2-54. (Patron-Miller, J.H., HB 1909 (Chapter 219))

Sex offender registry; clarifies several provisions regarding use of an affidavit in criminal proceeding for failure to register. Amending §§ 18.2-472.1 and 19.2-188.3. (Patron-McDougle, SB 927 (Chapter 285))

Subpoenaed nonjudicial records; party requesting is liable for reasonable charges of State including searching, copying, etc. Amending § 8.01-390. (Patron-Marsden, SB 1169 (F))

Tracking devices; Department of Criminal Justice Services to establish training standards and model policy for law-enforcement personnel for use. Amending § 9.1-102. (Patron-Marsden, SB 1172 (F))

Trademark infringement; court in criminal proceeding to order that material be destroyed, etc. Amending §§ 59.1-92.2, 59.1-92.12, and 59.1-92.13. (Patron-Cline, HB 2148 (Chapter 801))

Unauthorized practice of law; increases statute of limitations on prosecutions. Amending § 19.2-8. (Patron-Edwards, SB 1067 (Chapter 553))

Unexecuted warrants; clarifies that can be destroyed if dismissed, exceptions. Amending § 19.2-76.1. (Patron-Reynolds, SB 756 (Chapter 347))

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))

Uniform Statewide Building Code; harmonizes statute of limitations for criminal prosecutions at one year. Amending §§ 19.2-8 and 36-106. (Patron-Abbitt, HB 2168 (Chapter 118); Miller, J.C., SB 941 (Chapter 143))

Uniform Statewide Building Code; limitation on prosecutions for violation. Amending §§ 19.2-8 and 36-106. (Patron-Merricks, HB 1918 (I) See HB2168)

Victims of domestic violence; expands Address Confidentiality Program to all jurisdictions within State. Amending § 2.2-515.2 and Chapter 649, 2008 Acts; repealing third enactment of Chapter 599, 2007 Acts. (Patron-Wilt, HB 1757 (Chapter 97); Obenshain, SB 1199 (Chapter 172))

Victims of human trafficking; Department of Social Services to develop plan for provision of services. (Patron-Ebbin, HB 2190 (Chapter 258))

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 (CD))

Warrantless arrest; authority to special agents of Department of Alcoholic Beverage Control to arrest person who commits any crime in presence of agent. Amending § 19.2-81. (Patron-Reynolds, SB 1162 (Chapter 643))

Warrants; authorizes local governments to regularly publish information relating thereto. Amending § 58.1-3131. (Patron-Cline, HB 2155 (Chapter 485); Petersen, SB 844 (Chapter 597))

Wiretap devices; supervision and control by sheriff or chief of police. Amending § 19.2-63.1. (Patron-Landes, HB 1455 (Chapter 193))

Writ of actual evidence; allows testing of biological evidence to be conducted for purposes thereof. Amending § 19.2-327.1. (Patron-Morrissey, HB 2351 (F))