2013 SESSION

Convened January 9, 2013
Adjourned sine die February 23, 2013
Reconvened April 3, 2013
Adjourned sine die April 3, 2013

CRIMINAL PROCEDURE

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

(C) Carried over from 2012 Session (CD) Carried over but died in committee on or before 11/29/2012

Administrative Process Act; exemption for Department of Criminal Justice Services when developing, etc., standards established by Board, provided such actions are authorized by Governor. Amending § 2.2-4002. (Patron-Howell, SB 1024 (Chapter 780))

Appeal of bond decision; court granting or denying bail may, upon appeal thereof, stay execution of order for so long as reasonably practicable for party to obtain an expedited hearing before next higher court. Amending §§ 19.2-124 and 19.2-132. (Patron-Hope, HB 1311 (Chapter 408); McDougle, SB 1118 (Chapter 474))

Armed security officers; permits officers, licensed by Department of Criminal Justice Services, to carry firearms onto a private or religious school or child day center property if such officer is hired to provide protection to students, employees, and children. Amending §§ 18.2-308.1 and 63.2-1734. (Patron-Cole, HB 1582 (Chapter 416))

Arrest warrants; jail officer employed at regional jail or jail farm may execute. Amending §§ 19.2-72 and 19.2-76. (Patron-Bell, Robert B., HB 1763 (Chapter 207))

Arrestees; judicial officer may require as condition of release on bail fingerprints and photos. Amending §§ 19.2-123 and 19.2-390. (Patron-Stuart, SB 847 (Chapter 614))

Assault and battery; adds magistrates within enhanced penalty provision. Amending § 18.2-57. (Patron-Petersen, SB 853 (Chapter 711); Ebbin, SB 966 (I) See SB853)

Assault and battery; Class 1 misdemeanor against a family or household member. Amending §§ 18.2-57.2, 19.2-120, 19.2-120.1, and 37.2-506. (Patron-Loupassi, HB 992 (CD); Herring, SB 224 (CD))

Bail; minimum financial conditions. Amending § 19.2-121. (Patron-Wilt, HB 2293 (F))

Cellular phone; use as tracking device. Amending § 19.2-56.2. (Patron-Carr, HB 1903 (F))

Cellular telephone or other electronic devices; warrant required for search. Adding § 19.2-59.2. (Patron-Carr, HB 1897 (F))

Child care providers; background checks for eligibility for child care subsidy payments. Amending §§ 19.2-389 and 63.2-1725. (Patron-Greason, HB 1640 (Chapter 261))

Child Pornography Images Registry; exemptions from disclosure, etc. Amending § 19.2-390.3. (Patron-Iaquinto, HB 1821 (F); Stuart, SB 1211 (F))

Circuit court clerks; allowed to establish and maintain their own case management systems, etc., clerk shall submit data in format acceptable to Central Criminal Records Exchange. Amending §§ 17.1-295 and 17.1-502. (Patron-Iaquinto, HB 1716 (Chapter 422))

Concealed handgun permits and carrying concealed weapons; reorganizing and recodifying law. Amending §§ 15.2-915.3, 16.1-260, 17.1-406, 18.2-57.3, 18.2-287.01, 18.2-308, 18.2-311, 19.2-83.1, 19.2-120.1, 19.2-386.27, and 19.2-386.28; adding §§ 18.2-307.1 and 18.2-308.01 through 18.2-308.015. (Patron-Lingamfelter, HB 923 (CD))

Concealed handgun permits and concealed weapons; reorganizing and recodifying law related to carrying. Amending §§ 16.1-260, 17.1-406, 18.2-57.3, 18.2-287.01, 18.2-308, 18.2-311, 19.2-83.1, 19.2-120.1, 19.2-386.27, 19.2-386.28, and 24.2-643; adding §§ 18.2-307.1 and 18.2-308.01 through 18.2-308.015. (Patron-Lingamfelter, HB 1833 (Chapter 746))

Conditions of release; release of accused to pretrial services only when indigent. Amending § 19.2-123. (Patron-Martin, SB 1312 (F))

Conservators of the peace; includes any criminal investigator within Offices of Inspectors General of United States Department of Housing and Urban Development and Federal Housing Finance Agency among those agents designated. Amending § 19.2-12. (Patron-Brink, HB 1924 (F))

Conservators of the peace, special; any museum owned and managed by State to apply for appointment by circuit court. Amending § 19.2-13. (Patron-Webert, HB 2058 (Chapter 122); Edwards, SB 1048 (Chapter 105))

Continuances; if defendant acknowledges in writing his promise to appear on newly scheduled trial date, then counsel or defendant are not required to appear on original date, violation of terms. Adding § 19.2-266.3. (Patron-Norment, SB 1135 (Chapter 154))

Contraband cigarettes; allows forfeiture if possessed in violation of laws regarding sale, purchase, etc. Amending § 19.2-386.21. (Patron-Howell, SB 1022 (Chapter 627))

Controlled substances; law-enforcement officer’s testimony regarding field-test identification. Amending § 19.2-188.1. (Patron-Merricks, HB 1376 (Chapter 60))

Controlled substances, drugs or paraphernalia; law-enforcement reports on destruction of those seized to be submitted to Department of State Police, annual report to General Assembly. Amending § 19.2-386.23. (Patron-McEachin, SB 1146 (F))

Counterfeit cigarettes; any person, who knowingly distributes or possesses with intent to distribute amount fewer than 10 cartons, guilty of Class 1 misdemeanor. Amending §§ 18.2-246.13, 18.2-246.14, 18.2-246.15, and 19.2-245.01. (Patron-Herring, HB 2056 (F); Howell, SB 1019 (Chapter 625))

Court-appointed experts; compensation in criminal cases. Amending § 19.2-175. (Patron-Morrissey, HB 1364 (F))

Crime victims or witnesses; nondisclosure of personal and identifying information. Amending §§ 19.2-11.2 and 19.2-267. (Patron-Miller, HB 1794 (F))

Criminal activity; authorizes attorney for State to petition circuit court to freeze an account or safe deposit box owned or held by person charged. Adding § 19.2-10.3. (Patron-Ramadan, HB 2267 (F))

Criminal conviction; appeals to Court of Appeals or Supreme Court based on erroneously admitted evidence. Adding § 19.2-324.1. (Patron-Miller, HB 2338 (Chapter 675))

Criminal history record information; State Board of Health to require checks on emergency medical services providers. Amending §§ 19.2-389 and 32.1-111.5. (Patron-Pogge, HB 1383 (Chapter 176); Carrico, SB 1288 (Chapter 407))

Criminal history record information; unauthorized sale, publication, etc. Adding § 8.01-40.3. (Patron-Surovell, HB 1914 (F))

Criminal history record information checks and protective order registry; information shall be made available to Attorney General of United States for purposes of National Instant Criminal Background check to determine person’s eligibility to possess or purchase firearm. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Cosgrove, HB 2240 (F))

Criminal history record information checks and protective order registry; information shall be made available to Attorney General of United States for purposes of using National Instant Criminal Background Check System to determine person’s eligibility to possess, purchase, or receive a firearm. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Edwards, SB 1299 (F))

Criminal history record information checks upon handgun purchases; maintenance and dissemination of registry information. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Cosgrove, HB 237 (CD))

Criminal Injuries Compensation Fund; written notice, liability for reasonable charges for services, restitution, disposition of funds. Amending §§ 8.01-66.5, 8.01-66.6, 19.2-305.1, and 19.2-368.15. (Patron-Stolle, HB 1705 (Chapter 273))

Criminal judgment; appeal based on erroneously admitted evidence. Adding § 8.01-680.1. (Patron-Garrett, SB 1297 (F); Obenshain, SB 1348 (I) See SB1297)

Criminal Justice Services, Department of; electronic security businesses, electronic security personnel. Amending §§ 9.1-138, 9.1-139, and 9.1-149. (Patron-Martin, SB 1190 (F))

Criminal justice training academies; sovereign immunity of trainers certified by Department of Criminal Justice Services or an approved instructor. Amending § 15.2-1752. (Patron-Garrett, HB 1569 (Chapter 66); Newman, SB 1045 (Chapter 99))

Criminal justice training schools; adds to powers and duties of Department of Criminal Justice Services regarding oversight and evaluation of schools, report. Amending § 9.1-102. (Patron-Ware, O., HB 1819 (F))

Death penalty; Joint Legislative Audit and Review Commission to study direct and indirect monetary costs. (Patron-Howell, SJR 316 (F))

Driving under influence of alcohol; defendant’s blood or breath tested, exemplary damages. Amending § 8.01-44.5. (Patron-Surovell, HB 1909 (F); McDougle, SB 1169 (F))

Driving under influence of alcohol; presumption that blood alcohol concentration at time of incident is at least as high as test result as shown in certificate issued or certificate of analysis for blood test administered, test admissible as evidence, exemplary damages. Amending § 8.01-44.5. (Patron-McDougle, SB 1112 (Chapter 636))

Drone aircraft; limitations on use, report. Adding § 19.2-56.3. (Patron-Gilbert, HB 1616 (I) See HB2012)

Drug asset forfeiture; property may be used to fund salary and benefits for non-sworn personnel who are members of law-enforcement task force. Amending § 19.2-386.14. (Patron-Reeves, SB 907 (F))

Drugs and paraphernalia; may be forfeited to law-enforcement agency for research and training purposes with written consent of appropriate Commonwealth attorney. Amending § 19.2-386.23. (Patron-Cosgrove, HB 1631 (F))

Elderly or incapacitated adults; financial exploitation, penalties. Adding §§ 18.2-178.1 and 19.2-386.35. (Patron-Filler-Corn, HB 1781 (F); Herring, SB 1258 (I) See SB706)

Electronic security sales representatives; representative shall possess valid registration issued by Department of Criminal Justice Services. Amending § 9.1-139. (Patron-Cosgrove, HB 2302 (F))

Emergency custody and involuntary temporary detention; magistrates shall consider any request to authorize alternative transportation for certain persons. Amending §§ 37.2-808 and 37.2-810. (Patron-Carrico, SB 920 (Chapter 371))

Emergency protective orders; expungement of orders from record. Amending §§ 19.2-392.2 and 19.2-392.4. (Patron-Marsden, SB 1002 (F))

Expert witnesses; literature designations. Amending § 8.01-401.1. (Patron-Obenshain, SB 983 (Chapter 379))

Firearms; possession of weapons following conviction of certain crimes, penalty. Amending § 19.2-386.28; adding § 18.2-308.1:6. (Patron-Scott, J.M., HB 1410 (F))

Firearms; prohibition of sale, transfer, etc., of certain magazines, penalties. Amending § 19.2-386.29; adding § 18.2-309.1. (Patron-Lopez, HB 2251 (F))

Firearms; transportation or possession within residence of victim by persons subject to emergency protective orders and has been served with protective order, penalty. Amending § 18.2-308.1:4. (Patron-Favola, SB 864 (F))

Firearms; transportation or possession within residence of victim by persons subject to emergency protective orders, penalty. Amending § 18.2-308.1:4. (Patron-Favola, SB 554 (CD))

Forensic Toxicology Fund; created. Amending § 19.2-187.1; adding § 9.1-1108.1. (Patron-Garrett, SB 795 (F))

Fraud; court may vacate judgment of criminal conviction. Adding § 19.2-10.3. (Patron-Ward, HB 1492 (F); Alexander, SB 836 (I) See SB840)

Fraud; court may vacate judgment of criminal conviction or adjudication of person. Adding § 19.2-10.3. (Patron-Locke, SB 840 (F))

Indigent defense; creates an appellate defender office under Virginia Indigent Defense Commission. Amending § 19.2-163.01. (Patron-Petersen, SB 738 (F))

Inmates; carnal knowledge, expansion to include defendants on bond, penalty is Class 1 misdemeanor. Amending § 18.2-64.2. (Patron-Wilt, HB 2294 (Chapter 602))

Interception of communications; Attorney General may apply for an order authorizing observation or monitoring of communications by a sheriff’s office. Amending §§ 19.2-66 and 19.2-68. (Patron-Black, SB 1373 (Chapter 664))

Interpreters; cost shall be borne by non-English-speaking defendant if he is convicted of criminal offense. Amending § 19.2-164. (Patron-Loupassi, HB 173 (CD); Stuart, SB 184 (CD))

Involuntary intoxication offense; notice by defendant to State of intention to present evidence. Adding §§ 19.2-266.3 and 19.2-266.4. (Patron-Lewis, HB 1517 (F))

Juvenile offenders; punishment for conviction of certain felonies. Amending §§ 18.2-10, 18.2-67.5:3, and 19.2-297.1. (Patron-Marsden, SB 809 (F))

Larceny; court may require accused to undergo an assessment and enter treatment or education program, if first offense may be placed on probation. Amending §§ 16.1-69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336; adding § 18.2-96.2. (Patron-Reeves, SB 71 (CD))

Law-Enforcement Assistance Program; Department of Criminal Justice Services to develop a peer-counseling program to provide certain services. Amending § 9.1-102. (Patron-Yost, HB 1379 (F))

Law-enforcement officers; grounds for decertification, Department of Criminal Justice Services authorized to waive requirements. Amending §§ 15.2-1705 and 15.2-1707. (Patron-Herring, HB 2121 (Chapter 307); Howell, SB 1026 (Chapter 468))

Lethality assessment program; Department of Criminal Justice Services to establish for first responders. Amending §§ 9.1-102 and 9.1-116.1. (Patron-Herring, SB 1061 (F))

Local police departments; cooperation agreements with any private police department certified by Department of Criminal Justice Services. Amending § 15.2-1726. (Patron-Garrett, HB 1561 (Chapter 250); Newman, SB 1047 (Chapter 472))

Magistrates; supervision by Executive Secretary of the Supreme Court of Virginia. Amending § 37.2-809. (Patron-Kilgore, HB 2091 (Chapter 87); Stuart, SB 753 (Chapter 321))

Mandatory minimum sentences; no person while serving portion of sentence is eligible to participate in work release program, unless person is committed to Department of Criminal Justice and is participating in work or education program. Amending § 18.2-12.1. (Patron-Cline, HB 2008 (F))

Medical malpractice; expert witness certification, court may conduct an in camera review. Amending §§ 8.01-20.1, 8.01-50.1, and 16.1-83.1. (Patron-Iaquinto, HB 1545 (Chapter 65); Alexander, SB 699 (Chapter 610); Northam, SB 1255 (I) See SB699)

Mental health experts; judicial appointment in criminal cases not involving insanity defense or competency to stand trial. Amending § 19.2-175; adding § 19.2-168.2. (Patron-Morrissey, HB 1365 (F))

Misdemeanors; expungement of criminal record available to petitioner whose charges are dismissed. Amending §19.2-392.2. (Patron-Ware, O., HB 2234 (F))

Misdemeanors; expungement of criminal records, person may file petition 10 years after conviction. Amending § 19.2-392.2. (Patron-Black, SB 725 (F))

Misdemeanors; expungement of police and court records. Amending § 19.2-392.2. (Patron-Johnson, HB 1675 (F); Carrico, SB 845 (F))

Money laundering; adds investigations of violations to jurisdiction of multijurisdiction grand juries. Amending § 19.2-215.1. (Patron-Fariss, HB 2248 (Chapter 314))

Motor carrier and commercial drivers; amends several licensing laws, prohibition on texting by commercial motor vehicle driver. Amending §§ 19.2-389, 46.2-311, 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9, 46.2-341.10, 46.2-341.12, 46.2-341.14, 46.2-341.15, 46.2-341.16, 46.2-341.20, 46.2-348, 46.2-1076, 46.2-2001.1, 46.2-2001.3, 46.2-2005, 46.2-2011.9, 46.2-2011.11, 46.2-2011.23, 46.2-2011.24, 46.2-2099.19, 46.2-2108.4, 46.2-2122, 46.2-2132, 46.2-2133, and 46.2-2176; adding §§ 46.2-341.14:1 through 46.2-341.14:10, 46.2-341.20:4, and 46.2-341.20:5. (Patron-Cox, J.A., HB 2077 (Chapter 582); Newman, SB 1219 (Chapter 165))

Multijurisdiction grand jury; additional criminal violations that may investigate. Amending § 19.2-215.1. (Patron-Obenshain, SB 938 (Chapter 459))

Multijurisdiction grand jury; adds offense of receiving money for procuring person to list of offenses that jury can investigate. Amending § 19.2-215.1. (Patron-Bell, Robert B., HB 1870 (Chapter 83))

Nonconsecutive jail times; authorizes court to sentence defendants convicted of criminal offense to weekend days or nonconsecutive days to permit defendant to retain gainful employment. Amending § 53.1-131.1. (Patron-Norment, SB 1266 (F))

Nonviolent misdemeanor convictions; expungement of offense after passage of five years. Amending § 19.2-392.2. (Patron-Ware, O., HB 1925 (F))

Online case management system; circuit court judge may order removal of defendant’s name. Amending § 17.1-293. (Patron-Loupassi, HB 1542 (F))

Physician, licensed, physician’s assistant, nurse practitioner, or registered nurse; may perform procedure for physical evidence recovery kit examination. Adding § 54.1-2970.1. (Patron-Herring, HB 2120 (Chapter 441); Barker, SB 1006 (Chapter 532))

Postrelease supervision of felons; amends provisions. Amending §§ 18.2-10 and 19.2-295.2. (Patron-Stuart, SB 175 (CD))

Power of attorney; embezzlement by agent, penalty. Amending §§ 26-88 and 26-94. (Patron-Edwards, SB 108 (CD))

Prisoners; allows localities to charge persons for costs of transporting them to jail. Amending § 19.2-338. (Patron-Ware, O., HB 487 (CD))

Prisoners; collection by locality of actual cost of transporting. Amending § 19.2-338. (Patron-Ware, O., HB 1786 (F))

Private security services businesses; prohibits Criminal Justice Services Board from adopting any regulation that would prevent an employee, other than an alarm respondent, or locksmith, from carrying a firearm in course of that person’s duties. Amending § 9.1-141. (Patron-Farrell, HB 1604 (Chapter 69))

Prostitution, forced; expungement of charges. Amending §§ 18.2-346 and 19.2-392.2. (Patron-Watts, HB 1465 (F))

Prostitution, forced; expungement of charges when person was abducted. Amending §§ 18.2-346 and 19.2-392.2. (Patron-Watts, HB 1541 (F))

Prostitution, forced; vacating conviction, expungement of police and court records. Adding § 19.2-392.5. (Patron-Ebbin, SB 1273 (F))

Protective orders; exempt from stay pending an appeal. Amending §§ 16.1-106 and 16.1-298. (Patron-Watts, HB 1643 (Chapter 73); Howell, SB 1016 (Chapter 97))

Search and seizure; search warrant issued for computer, computer network, etc., shall be deemed to include physical components and electronic or digital information. Amending § 19.2-53. (Patron-Webert, HB 2050 (F); Reeves, SB 1030 (F))

Spousal privilege; creates statutory exception in criminal cases. Amending § 19.2-271.2. (Patron-Garrett, SB 796 (F))

Student teachers and student teacher supervisors; fingerprinting, criminal history records check, and child abuse and neglect data. Amending § 19.2-389; adding §§ 22.1-290.2 through 22.1-290.5. (Patron-Yost, HB 1537 (F))

Temporary detention; law-enforcement agency to execute order and provide transportation by 5:00 p.m. on day following receipt of magistrate’s order. Amending §§ 16.1-340.2 and 37.2-810. (Patron-Garrett, SB 1323 (F))

Temporary detention orders; increases maximum duration that person may be detained from 48 to 72 hours. Amending §§ 19.2-169.6, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-Yost, HB 1680 (F))

Temporary detention orders; increases maximum duration that person may be detained from 48 to 72 hours, effective date. Amending §§ 19.2-169.6, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-Barker, SB 996 (F))

Testimony by custodians of records, lab analysts, etc.; use of two-way electronic video and audio communication. Amending §§ 18.2-472.1 and 19.2-187.1. (Patron-Cline, HB 2007 (F))

Uniform Power of Attorney Act; an agent under power of attorney who violates with intent to defraud principal and converts principal’s property is guilty of embezzlement. Amending §§ 64.2-1615 and 64.2-1621. (Patron-Ware, O., HB 2053 (F))

Unlawful photographs and video; Class 6 felony for a person to publish on Internet, penalty. Amending §§ 18.2-386.1 and 19.2-249.2. (Patron-Edwards, SB 96 (CD); Edwards, SB 763 (F))

Virginia Uniform Certificate of Title for Watercraft Act; adoption of Act, technical amendments. Amending §§ 8.2A-104, 19.2-81, 29.1-738, 29.1-801, and 58.1-1404; adding §§ 29.1-733.2 through 29.1-733.29; repealing §§ 29.1-712 through 29.1-733.1. (Patron-Wagner, SB 1117 (Chapter 787))

Voters; Central Criminal Records Exchange to submit monthly list to State Board of all registered voters, notification to general registrar of any felony conviction. Amending §§ 19.2-389, 24.2-114, and 24.2-409. (Patron-Bell, Robert B., HB 1765 (Chapter 491))

Warrants; requirement for certain telecommunications records. Amending §§ 18.2-152.17 and 19.2-70.3. (Patron-Carr, HB 1904 (F))

Wearing a mask; exception to criminal punishment. Amending § 18.2-422. (Patron-McQuinn, HB 1810 (F))

Wiretapping; authorization for monitoring by sheriff’s office. Amending §§ 19.2-66 and 19.2-68. (Patron-Greason, HB 2266 (Chapter 448))

Workers’ compensation; coverage for trainees at criminal justice training academies. Adding § 65.2-106. (Patron-Garrett, HB 2018 (Chapter 219))

Writ of actual innocence; joint motion for petitions. Amending §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11; adding §§ 19.2-327.2:1 and 19.2-327.10:1. (Patron-Alexander, SB 823 (F))

Writ of actual innocence; joint petition by convicted felon and attorney for State. Adding §§ 19.2-327.2:1 and 19.2-327.10:1. (Patron-Herring, HB 1919 (F))

Writ of actual innocence; petition by juvenile adjudicated delinquent by a circuit court of felony charge. Amending §§ 19.2-327.1, 19.2-327.2, 19.2-327.3, 19.2-327.5, and 19.2-327.10 through 19.2-327.13. (Patron-Habeeb, HB 1308 (Chapter 170))

Writ of actual innocence; revises one of allegations necessary to petition. Amending §§ 19.2-327.3, 19.2-327.5, 19.2-327.11, and 19.2-327.13. (Patron-Albo, HB 1432 (Chapter 180))

Writ of actual innocence; type of plea required for issuance. Amending §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11. (Patron-Herring, HB 1920 (F))

Writs of actual innocence; petitions in case of either biological or nonbiological evidence may be brought for any felony and upon any plea. Amending §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11. (Patron-Morrissey, HB 1355 (F))