2014 SESSION

Convened January 8, 2014
Adjourned sine die March 8, 2014
Reconvened April 23, 2014
Adjourned sine die April 23, 2014

COURTS OF RECORD

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

(C) Carried over to 2015 Session

Appeals to Supreme Court of Virginia and Court of Appeals of Virginia; filing of an electronic appendix by CD-ROM. Adding §§ 8.01-673.1 and 8.01-675.5. (Patron-Albo, HB 162 (C))

Appellate proceedings; audio and audio-visual records, circuit court opinions, fees for access to or copies of orders and opinions. Amending §§ 17.1-275 and 17.1-293; adding § 17.1-293.1. (Patron-Kilgore, HB 1018 (F))

Arraignment; defendant may enter conditional guilty plea in misdemeanor case or felony case in circuit court. Amending § 19.2-254. (Patron-Hope, HB 80 (Chapter 52))

Attorney General; prosecution of certain criminal cases in circuit courts. Amending § 2.2-511. (Patron-Massie, HB 1192 (F))

Cases under advisement; circuit court judge in civil action who holds decision on any matter, etc., for unreasonable length of time. Amending § 17.1-107. (Patron-Habeeb, HB 269 (Chapter 62))

Chief judges; authority to recall judges for duty after retirement. Amending §§ 16.1-69.22:1, 16.1-69.35, 17.1-105, and 17.1-106. (Patron-Cline, HB 967 (F))

Circuit court clerks; automated system in lieu of order books, etc. Amending §§ 17.1-124, 17.1-225, 17.1-242, 17.1-243, 17.1-258.3, 17.1-279, and 17.1-293. (Patron-McDougle, SB 435 (Chapter 460))

Circuit court judges; adds an additional judge to 20th Judicial Circuit. Amending § 17.1-507. (Patron-Minchew, HB 142 (F))

Clerk of court; costs taxed. Amending § 17.1-624. (Patron-Loupassi, HB 303 (Chapter 315))

Clerks offices; recordation, possession, etc., of child pornography, wills, when security is required. Amending §§ 17.1-123, 18.2-374.1:1, 19.2-165, 27-42, 55-142.3, and 64.2-505. (Patron-Cline, HB 1196 (Chapter 291))

Concealed handgun permit; clerk of circuit court to disclose information contained in application to applicant. Amending § 18.2-308.02. (Patron-Anderson, HB 357 (Chapter 401))

Condominium and Property Owners’ Association Acts; adoption and rule enforcement, appeals from courts not of record in civil cases, unit owners’ association or board of directors may file or defend legal action in general district or circuit court that seeks relief. Amending §§ 16.1-106, 55-79.80:2, and 55-513. (Patron-LeMunyon, HB 791 (Chapter 784))

Deferred disposition; allows court to defer and dismiss criminal case where defendant has been diagnosed with autism or intellectual disability, exception. Amending §§ 16.1-69.48:1, 17.1-275.2, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336; adding § 19.2-303.6. (Patron-Stuart, SB 173 (F))

District courts and circuit courts; no civil matter shall be dismissed with prejudice by any court for failure to comply with any rule. Amending § 8.01-4. (Patron-Joannou, HB 1038 (Chapter 348))

Electronic summons system; counties and cities may assess a fee as part of costs in each criminal or traffic case in district or circuit court to be used for implementation and maintenance of system. Amending § 17.1-275.5; adding § 17.1-279.1. (Patron-Villanueva, HB 477 (Chapter 325))

Evidence and incidents of trial; recording misdemeanor cases electronically in circuit court. Adding § 17.1-128.1. (Patron-Gilbert, HB 704 (Chapter 78))

Executed administrative search warrants, investigation warrants, and inspection warrants; maintenance by clerks of circuit courts. Amending §§ 3.2-3942, 3.2-6568, 10.1-610, 15.2-2286, 19.2-394, 19.2-395, 27-32.2, 27-37.1, 27-98.2, 27-98.3, 27-98.5, 36-105, 40.1-49.9, 40.1-49.10, 40.1-49.12, and 63.2-1718. (Patron-Stuart, SB 59 (Chapter 354))

Federal government; allows Governor to declare a state of emergency in response to a shutdown, etc. Amending §§ 17.1-114, 17.1-330, 44-146.16, and 56-247.1. (Patron-Marshall, R.G., HB 90 (F))

Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action against whistle blower, whistle blower may bring civil action in circuit court of jurisdiction where is employed, remedies. Amending § 2.2-3011. (Patron-Lingamfelter, HB 728 (Chapter 335))

General Assembly members; restricts any member from being elected or appointed to any judgeship during his term of office and for four years following expiration of such term. Adding §§ 16.1-69.19:1 and 17.1-102.1. (Patron-Morrissey, HB 309 (F))

Internet Crimes Against Children Fund; increases fee placed upon each felony or misdemeanor conviction, disbursement of fee, local school board shall implement physical fitness program which may include the Governor’s Child Safety Test, parents and guardians have right to review Test offered. Amending §§ 17.1-275.12 and 22.1-253.13:1. (Patron-Deeds, SB 262 (F))

Judge; election in circuit court. (Patron-Loupassi, HJR 260 (P))

Judge; nomination for election to circuit court. (Patron-Loupassi, HR 102 (P); Marsh, SR 31 (P))

Judges; adds fourth circuit court judge to 10th Judicial Circuit. Amending § 17.1-507. (Patron-Wright, HB 330 (F); Ruff, SB 543 (I) See SB443)

Judges; election in Court of Appeals, circuit court, general district court, juvenile and domestic relations district court, member of State Corporation Commission, and member of Virginia Workers’ Compensation Commission. (Patron-Loupassi, HJR 143 (P))

Judges; increases number in circuit and district courts in 20th and 26th Judicial Circuits. Amending §§ 16.1-69.6:1 and 17.1-507. (Patron-Vogel, SB 317 (I) See SB443)

Judges; maximum number in circuit, general district, and juvenile and domestic relations district courts, Chief Justice shall utilize authority to provide judicial assistance, as appropriate. Amending §§ 16.1-69.6:1 and 17.1-507. (Patron-Miller, HB 606 (Chapter 812); Norment, SB 443 (Chapter 822))

Judges; nominations for election to circuit court. (Patron-Loupassi, HR 75 (P); McDougle, SR 18 (P))

Judges; nominations for election to Court of Appeals of Virginia. (Patron-Loupassi, HR 74 (P); McDougle, SR 17 (P))

Judges; retirement allowance and service after retirement. Amending §§ 16.1-69.22:1, 16.1-69.35, 17.1-105, 17.1-106, 17.1-302, 17.1-401, 51.1-303, 51.1-306, and 51.1-308. (Patron-Jones, HB 10 (Chapter 776))

Judicial caseloads; Supreme Court of Virginia to develop weighted caseload system to assess throughout the Commonwealth, report. Adding § 17.1-100.1. (Patron-Hope, HB 353 (F))

Judicial performance evaluation program; required to submit evaluation reports on justices and judges whose terms expire during next session of General Assembly, report. Amending §§ 2.2-3705.7 and 17.1-100. (Patron-Loupassi, HB 272 (Chapter 808))

Jury commissioners; allows chief judge of each circuit court to designate circuit court personnel to select and determine jurors to be placed on master jury list. Amending §§ 8.01-339, 8.01-342 through 8.01-345, 19.2-263.3, and 25.1-229. (Patron-Knight, HB 188 (F))

Mature driver motor vehicle crash prevention course; license renewal, reduction in rates for certain persons. Amending §§ 16.1-69.48:1, 17.1-275, 38.2-2217, 46.2-330, and 46.2–505. (Patron-Hugo, HB 771 (Chapter 282))

Mature driver motor vehicle crash prevention course; option for court in adjudicating defendants, license renewal. Amending §§ 16.1-69.48:1, 17.1-275, 38.2-2217, 46.2-322, and 46.2-330; adding § 46.2-943.1. (Patron-McWaters, SB 180 (F))

Permits and approvals, certain; damages for unconstitutional grant or denial by locality, any action shall be filed with circuit court having jurisdiction of land affected, etc., provisions shall apply only to those granted or denied on or after July 1, 2014. Adding § 15.2-2208.1. (Patron-Morris, HB 1084 (Chapter 671); Obenshain, SB 578 (Chapter 717))

Police and court records; circuit court may waive hearing in an expungement proceeding. Amending § 19.2-392.2. (Patron-Surovell, HB 982 (F))

Police officers, special; repeals provisions allowing a circuit court for any locality to appoint. Amending §§ 2.2-2801, 9.1-101, 15.2-1124, 19.2-74, 19.2-81, and 46.2-752; repealing §§ 15.2-1737 through 15.2-1746. (Patron-Norment, SB 496 (Chapter 543))

Recordation and marginal release; clerk of circuit court not required to make recordings in margins of pages in record books to accommodate use of electronic filing databases, entry of assignment of judgment on judgment lien docket. Amending §§ 6.2-417, 8.01-269, 8.01-431, 8.01-434, 8.01-452, 8.01-455, 17.1-238, 17.1-250, 38.2-2419, 43-65, 43-68, 55-66.4:1, 55-157, 55-245, 58.1-3301, 58.1-3310, 58.1-3360, and 64.2-2703. (Patron-Robinson, HB 607 (Chapter 330))

Recordation of deeds and deeds of trust; use of cover sheets on deeds, clerk shall be immune from suits arising from recordation of any document, unless grossly negligent or engaged in willful misconduct. Amending §§ 17.1-223, 17.1-227, 17.1-227.1, 17.1-249, 17.1-252, 55-48, 55-58 through 55-58.3, 55-106, and 58.1-811. (Patron-Minchew, HB 763 (Chapter 338))

Sex Offender and Crimes Against Minors Registry; grants circuit courts discretion to accept name change applications from persons on Registry, if court finds that good cause exists for such application, order voiding application, if person files objection, court shall hold a hearing. Amending § 8.01-217. (Patron-Bell, Robert B., HB 233 (Chapter 232))

Sodomy; crimes against nature, clarifies provisions of clause, increase of fee for court costs, penalty. Amending §§ 17.1-275.12, 18.2-67.5:1, 18.2-346, 18.2-348, 18.2-356, 18.2-359, 18.2-361, 18.2-368, 18.2-370, 18.2-370.1, 18.2-371, and 18.2-374.3. (Patron-Garrett, SB 14 (Chapter 794))

Traffic light signal photo-monitoring; use of system, any finding in district court that an operator has violated an ordinance adopted shall be appealable to circuit court in a civil proceeding, reduces amount of matter in controversy necessary for an appeal in civil case. Amending §§ 15.2-968.1 and 16.1-106. (Patron-Joannou, HB 1040 (V))

Trafficking in persons; creates new felonies for forced labor or sexual servitude and adds new felonies as predicate criminal act under criminal gang statute, etc., report. Amending §§ 17.1-805, 18.2-46.1, 18.2-67.7, 18.2-346, 18.2-513, 19.2-11.2, 19.2-215.1, 19.2-305.1, and 19.2-386.32; adding §§ 2.2-224.2, 8.01-42.4, 9.1-116.2, 18.2-50.3, and 19.2-11.5. (Patron-McClellan, HB 716 (C))

Trafficking in persons; creates new felonies for forced labor or sexual servitude and adds new felonies as predicate criminal act under criminal gang statute, etc., Secretary of Public Safety to convene an anti-trafficking committee, report, Virginia Prevention of Human Trafficking Victim Fund created, penalties. Amending §§ 17.1-805, 18.2-46.1, 18.2-67.7, 18.2-346, 18.2-513, 19.2-11.2, 19.2-215.1, 19.2-305.1, and 19.2-386.32; adding §§ 2.2-224.2, 8.01-42.4, 9.1-116.2, 18.2-50.3, and 19.2-11.5. (Patron-Edwards, SB 373 (F))

Wills of living persons; safekeeping with certain clerks of circuit courts, delivery under seal. Amending § 64.2-409. (Patron-Filler-Corn, HB 551 (F))

Writ of actual innocence; petitions, bail hearings. Amending § 17.1-513; adding §§ 19.2-327.2:1 and 19.2-327.10:1. (Patron-Herring, HB 671 (C); Gilbert, HB 1189 (I) See HB671)

Zoning ordinance; circuit court of Grayson County shall order binding referendum to repeal existing ordinance. (Patron-Carrico, SB 668 (F))