SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
Chairman: Kenneth W. Stolle
Clerk: Larry M. Girvin
Staff: Jessey French, Mary K. Felch
Date of Meeting: January 21, 2004
Time and Place: 2:00 P.M., Senate Room A
Patron: Puller
Conservatorship. Eliminates the authority of a conservator for an incapacitated person to seek a divorce without prior court authorization. Guardians of incapacitated persons are prohibited from seeking a change in a person's marital status without prior court approval.
Patron: Marsh
Transfer of firearms; criminal records check. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check.
Impact Statements
Patron: Puller
Divorce; property distribution. Adds the use or expenditure of marital property in anticipation of divorce or after the last separation to the factors that the court is directed to consider in determining the division or transfer of marital property, the amount of any monetary award, the apportionment of marital debts, and the method of payment.
Patron: Puckett
Civil immunity. Provides civil immunity for public officials who participate in a program where persons on probation are ordered as a condition of probation to pick up litter along a section of public roadway or waterway, unless there is willful misconduct. The bill also provides that it shall not be interpreted to grant any immunity to a motorist who, by his negligence, may injure such probationer.
Patron: Devolites
Appeal bond in support cases. Provides that part of a support order of a juvenile and domestic relations district court may be appealed without appealing the entire order and that no appeal bond is required if the finding of a support arrearage is not appealed and support is not suspended during the pendency of the appeal.
Impact Statements
Patron: Devolites
Concealed handgun permit. Modifies provision that exempts a retired law-enforcement officer from having to have a permit to carry a concealed handgun to provide that a retired officer who has reached 55 years of age qualifies for this provision. Under current law a retired law-enforcement officer qualifies only if he has 15 years of service or retired with a service-related disability.
Patron: Devolites
Juveniles; petitions filed for custody and visitation of any and all children of the parties. Provides that only one petition need be filed and only one filing fee shall be required for filing a petition for custody and visitation for any and all children of the parties.
Patron: Williams
Protection of infants. Provides that in civil proceedings involving child abuse, neglect or abandonment based solely on the parent having left the child at a hospital or rescue squad, it is an affirmative defense that the parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life. This is the same affirmative defense that the General Assembly made available in 2003 for parents in criminal abuse and neglect cases.
Patron: Cuccinelli
Nonsuits. Provides that a party shall not be allowed to suffer a nonsuit unless he does so on or before a date that is at least 14 days prior to the trial date. Under current law, a plaintiff may suffer one nonsuit of right at any point before the court sustains a motion to strike the evidence, before the jury retires, or before the action has been submitted to the court for decision.
Patron: Marsh
Duties of the attorney for the Commonwealth; magistrates. Repeals the provision requiring attorneys for the Commonwealth to provide legal advice and training to magistrates due to the potential conflict of the prosecutor advising a judicial officer. Magistrates receive training from the Supreme Court's Executive Secretary's Office, as provided by law.
Patron: Stolle
Number of circuit court judges. Adds one circuit court judge to each of the following circuits: First (Chesapeake); Fourteenth (Henrico); Fifteenth (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); Twenty-second (Danville, Franklin, Pittsylvania); and Twenty-ninth (Buchanan, Dickenson, Russell, Tazewell). This is a recommendation of Judicial Council.
Patron: Stolle
Number of juvenile and domestic relations district court judges. Increases the number of juvenile and domestic relations district court judges by one each in the 15th (Fredericksburg, King George, Stafford, Spotsylvania, Caroline, Hanover, Lancaster, Northumberland, Westmoreland, Richmond and Essex) and 27th (Galax, Radford, Pulaski, Wythe, Carroll, Montgomery, Floyd, Giles, Bland and Grayson) Districts.
Patron: Stolle
Judicial Retirement System; technical correction. Makes a technical correction to the maximum credit that a former judge may transfer to the Virginia Retirement System when he accepts a nonjudicial position covered by the Virginia Retirement System.
Patron: Stolle
Appointed counsel in capital cases. Provides that at least two attorneys shall be appointed in a capital case and that the capital defense unit attorney (2002 legislation requires that as of July 1, 2004, an attorney from a capital defense unit of the Public Defender Commission be appointed) shall serve as lead counsel. The bill allows the capital defense unit attorney to make a motion to the circuit court to withdraw as counsel if prior to the indictment the Commonwealth declares in writing that it will not seek the death penalty. The court is to allow the capital attorney to withdraw and to appoint a regular court-appointed attorney.
Patron: Reynolds
Embezzlement by public official; penalty. Provides that it is a Class 4 felony for a public official or employee to knowingly misuse, misappropriate or unlawfully dispose of any public funds, and provides one year of incarceration in a state correctional facility with no suspension of sentence for each $50,000 misused, misappropriated or disposed of unlawfully.
Impact Statements
Patron: Potts
Limitation on recovery in medical malpractice actions; limitation on noneconomic damages. Strikes the previously scheduled increases in the medical malpractice recovery cap that were to occur in 2005, 2006, 2007, and 2008. Current law provides, pursuant to the struck language, for the $1.5 million cap to increase by $50,000 each year from 2000 to 2006 and to increase by $75,000 in 2007 and 2008. Pursuant to this provision, the last increase would be $50,000 in 2004. The bill also establishes a $500,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $500,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses.
Patron: Norment
Domestic violence; sexual assault. Requires the Department of Criminal Justice Services to establish training standards and a model policy for law-enforcement personnel in handling sexual assault and stalking cases and to establish training standards and model policy and protocols for local and regional sexual assault response teams. Provides that temporary (no more than 90 days) child support may be one of the conditions imposed on a respondent in a family abuse protective order. The bill requires that as of January 1, 2005, the treatment or education program that a court may refer the defendant to in a family abuse criminal case must be one approved by the Department of Criminal Justice Services. The bill requires the state police and local law-enforcement agencies to have policies that provide guidance to officers on domestic violence incidents involving law-enforcement officers and repeat offenders. The Department of Social Services is required to establish minimum training requirements on family abuse and domestic violence for child protective services workers and supervisors.
The bill also provides that a respondent to a protective order who violates the protective order by furtively entering the home of any protected party while the party is present or entering and remaining in the home of the protected party until the protected party arrives is guilty of a Class 6 felony. In addition, if the respondent to a protective order commits an assault and battery upon any party protected by the protective order resulting in bodily injury to the party, he is guilty of a Class 6 felony. Upon conviction of a third or subsequent offense of violation of a protective order the person is guilty of a Class 6 felony.
Impact Statements
Patron: Devolites
Domestic relations; persons authorized to perform marriage rites. Allows a circuit court judge to issue an order authorizing a person, resident in the jurisdiction in which the judge sits, to celebrate the rites of marriage in the Commonwealth. Currently, the judge can authorize a person to celebrate rites only in that same jurisdiction.
Patron: Devolites
Computer trespass. Provides that adding or altering information without authority is computer trespass. Adds to the aggravating factors for which computer trespass is elevated to a Class 6 felony using a computer in a way that involves a computer virus or similar computer program and obtaining the ability to use three or more computers or computer networks without notice to or knowledge of and express or implied permission of, the owners of those computers or computer networks, or a prior existing personal, business or contractual relationship with the owner.
Impact Statements
Patron: O'Brien
Concealed handgun permit; fees. Waives the concealed handgun permit fee (maximum $50) for law-enforcement officers retired from the U.S. Marshals Service.
Patron: Stolle
Racketeer Influenced and Corrupt Organization (RICO) Act. Creates a RICO act for Virginia under which various violations of the alcoholic beverage, banking, and criminal law become racketeering if conducted by persons in concert for the purpose of racketeering.
Impact Statements
Patron: Stolle
Crimes by gangs; definitions; recruitment; three strikes; forfeiture; obstruction of justice; penalties. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill eliminates the definition of "act of violence" and expands the scope of the act by amending the definition of "predicate criminal act" to include all felonies and additional misdemeanors such as assault and battery by mob, hazing of a student on school property, reckless handling of firearms, allowing access to firearms by children, oral threats to school employees, stalking, petit larceny, distribution of certain drugs to minors, willful discharge of a firearm in a public place, brandishing a firearm in a public place, carrying a loaded firearm, carrying certain concealed weapons, possession of certain weapons on school property, participation in a riot, unlawful assembly, and disorderly conduct. The bill creates a Class 1 misdemeanor to recruit a person into a criminal street gang and also creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The same crime against a juvenile is a Class 5 felony. The bill makes a third or subsequent conviction of sections prohibiting criminal street gang participation and recruitment a Class 3 felony (five to 20 years) with a mandatory minimum term of imprisonment of 10 years. The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. Finally, the bill increases from a Class 1 misdemeanor to a Class 6 felony the act of obstructing a judge, magistrate, justice, juror, witness, or any law-enforcement officer lawfully engaged in the discharge of his duty and the act of obstructing, by threats or force, such person lawfully engaged in the discharge of his duty. The bill also makes it a Class 5 felony to obstruct, by threats of bodily harm or force, such person lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate the prohibition against participating in a criminal street gang or the prohibition against recruiting juveniles to participate in a criminal street gang.
Impact Statements
Patron: Stolle
Assault and battery; larceny. Provides that an assault and battery in the commission of a larceny is a Class 4 felony (two to 10 years) and, if there is bodily injury, the crime is punishable by confinement in a state correctional facility for two to 20 years.
Impact Statements
Patron: Stolle
Bail enforcement agents. Provides for the licensure and regulation of bail enforcement agents by the Board and Department of Criminal Justice Services. The regulatory scheme is effective October 1, 2005, but a provision that a felon may not engage in bail recovery is effective July 1, 2004. The bill is a recommendation of the Virginia State Crime Commission.
Impact Statements
Patron: Edwards
Dispositions for delinquent juveniles. Allows a juvenile 11 years of age or older to be committed to the Department of Juvenile Justice for a violation of § 18.2-308.7 (possession or transportation of certain firearms by persons under the age of 18), which is a Class 1 misdemeanor, if the liberty of the juvenile constitutes a clear and substantial threat to the person or property of others or to such juvenile's health. Under current law a juvenile cannot be committed for a Class 1 misdemeanor unless he has three previous Class 1 misdemeanors or a previous felony.
Impact Statements
Patron: Norment
Peer review entities; privileged communications. Extends the privileges of confidential communications to quality assurance or peer review committees established under (i) a national or state peer review entity, (ii) a national or state accreditation entity, (iii) a national professional association of health care providers or Virginia chapter of a national professional association of health care providers, or (iv) a statewide or local association representing health care providers licensed in the Commonwealth.
Patron: Newman
Medical malpractice; limit on attorney fees. Provides that beginning with medical malpractice actions accruing on or after July 1, 2004, attorney fees shall be limited in accordance with the following fee schedule: 40 percent of the first $50,000 of the sum recovered; 33 and one-third percent of the next $50,000 recovered; 25 percent of the next $500,000 recovered; and 15 percent of any amount greater than $600,000 of the sum recovered. The bill applies the percentage limitations to the sum recovered by the plaintiff through trial, settlement, or arbitration, less the expenses related to the action but including any liens for medical care or treatment. On application of the attorney, and with notice to the plaintiff, the court in which the action is pending may adjust the compensation that would be awarded by the fee schedule on the basis of specific factors, including the extent to which the sum recovered, less any legal fees, compensates the plaintiff for his damages.
Patron: Wagner
Property conveyance. Authorizes the Virginia Marine Resources Commission to convey a permanent easement of approximately 0.9 acres in the Mattaponi River, in King William County, to the City of Newport News for the purpose of constructing a raw water intake structure to provide water supply for the Newport News reservoir project.
Patron: Ticer
Hate crimes. Adds sexual orientation to the categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also adds sexual orientation to the categories of victims whose intentional selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor to a Class 6 felony penalty. The bill also adds sexual orientation to the definition of "hate crime" for purposes of a central repository of information regarding hate crimes maintained by the State Police.
Impact Statements
Patron: Obenshain
Modification of sentencing guidelines for methamphetamine. Provides that for any conviction involving any substance that contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers, the discretionary sentencing guidelines applicable to cocaine shall be used.
Patron: Mims
Consumer Real Estate Settlement Protection Act; summonses and subpoenas; orders have force and effect of circuit court decrees. Authorizes licensing authorities to issue summonses and subpoenas. The bill also gives orders of the licensing authorities imposing penalties or ordering restitution the force and effect of circuit court decrees.
Patron: Stosch
Banking and finance; subsidiary trust companies and trust company holding companies. Permits ownership of nonvoting stock of trust subsidiaries by companies other than banks or bank holding companies. The bill eliminates the requirement that a trust company holding company also control a securities-related company. "Control" is defined as ownership of 25 percent or more of the voting stock of a trust company. The bill also authorizes acquisition of a Virginia trust company by any bank holding company or any company having a trust subsidiary as permitted by federal law or the law of another state.
Patron: Puckett
Theft of timber; penalty. Provides treble damages plus reforestation costs against any person who cuts, removes, or severs any timber from the land of another without legal right or permission, and establishes criminal penalties for the theft of timber.
Impact Statements