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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
Chairman: Kenneth W. Stolle
Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: February 4, 2004
Time and Place: Wednesday, 2:00 P.M., Senate Room B
1st 40 min. Committee will receive comments on Tort Reform Bills
Patron: Puller
Restoration of right to vote. Provides that a person convicted of a felony marijuana distribution charge who completed his sentence at least 10 years previously and has no other criminal convictions can petition for restoration of his civil right to be eligible to vote. The existing Code requirement of the demonstration of civic responsibility through community or comparable service will apply. In addition, the applicant must go through the procedure established by the Governor, who will determine whether to grant the petition.
Patron: Cuccinelli
Judgment rate of interest. Makes the judgment rate of interest for judgments not relating to a contract the prime rate plus two percent set as of the July 1 immediately prior to the date of judgment. Under current law, the judgment rate of interest is nine percent. A money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or the prime rate plus two percent set as of the July 1 immediately prior to the date of judgment, whichever is higher. Under current law, the judgment rate is the rate lawfully charged on such contract, or nine percent, whichever is higher.
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: Wampler
Reporting of assault and battery of a spouse or partner by military personnel. Requires a court to report a finding of guilt or a deferral of a finding of guilt of assault and battery of a spouse or partner by an active duty member of the United States Armed Forces to family advocacy representatives of the United States Armed Forces. The bill defines "spouse or partner" as a spouse or former spouse, whether or not he or she resides in the same home as the active duty member; an individual who has a child in common with the active duty member, whether or not he or she has been married to or lives in the same home as the active duty member; or an individual who cohabits with, or has cohabited in the previous 12 months with, the active duty member.
Patron: O'Brien
Criminal procedure; conservators of the peace. Adds special agents of the Department of Homeland Security to the list of those who are conservators of the peace.
Patron: O'Brien
Eminent domain. Requires that property be put to the public use for which it was condemned within 10 years and that if it is not, it will be offered for sale to the person who owned it at the time of condemnation before being publicly auctioned.
Patron: Howell
State police. Increases from 18 to 21 years the age of a person for whom a missing child report is filed when that person's whereabouts is unknown and the person has been reported missing to a law-enforcement agency. The bill also requires the police or sheriff's office, upon receiving a missing child report, to enter the information into the Virginia Criminal Information Network, in addition to other data systems.
Patron: Puller
Driver's license reinstatement fee. Increases the fee for reinstatement of a suspended or revoked driver's license from $30 to $60.
Patron: Ticer
Crimes against nature. Provides that human carnal knowledge is not a crime where all persons are consenting adults who are not in a public place and not engaged in prostitution.
Patron: Obenshain
Deadman's Statute. Increases the amount of evidence that is admissible when a party to a lawsuit is incapable of testifying. The bill provides that the statute does not apply if an interested witness testifies on behalf of the party who is incapable of testifying, replaces the current corroboration requirement with an assessment of the credibility of all evidence presented and clarifies that the blanket hearsay exception currently in the statute will apply only when the survivor offers testimony about the transaction. This bill is a recommendation of the Boyd Graves Conference.
Patron: Mims
Damage to cemetery property. Provides that a cemetery company owner or operator may bring an action to recover damages, including labor costs and attorney's fees, for the willful or malicious destruction of cemetery property, regardless of whether the damaged property is owned by the cemetery. The bill also amends the statute criminalizing such destruction to provide that a cemetery owner or operator has standing to be the complaining witness in a prosecution regardless of whether the damaged property is owned by the cemetery. A restitution requirement is added to the criminal statute.
Patron: Mims
Attorney-issued subpoenas. Eliminates the five-days before trial (or the date of return) restriction on attorney-issued subpoenas and makes them subject to the same time frame as all other subpoenas. The attorney-issued subpoenas will be subject to the general provision that a judge may choose not to enforce a subpoena that is issued within five days. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Mims
Civil remedies; failure of juror to appear. Increases the monetary range established in 1977 for fining a juror who fails to appear in court from "not less than $25 nor more than $100" to "not less than $50 nor more than $200."
Patron: Howell
Court service units; duties; distribution of protective order information. Requires each court service unit to provide to each person who is issued a protective order by the juvenile court a written statement of the conditions imposed by the order and procedures and time limits applicable to further proceedings on protective orders.
Patron: Devolites
Newspapers; legal notices. Requires that in order for a legal notice published in a newspaper to meet the statutory standard, it must be published in the Commonwealth. A newspaper shall be deemed published in the Commonwealth if it maintains its principal office in the Commonwealth for the purposes of gathering news, soliciting advertisements and determining the newspaper's form and content, and if it is printed in the Commonwealth. There is an exception for general circulation areas where there is no newspaper published in the Commonwealth.
Impact Statements
Patron: Obenshain
Sex Offender and Crimes Against Minors Registry Act. Adds to the list of those required to register under the act, any person who has solicited or has attempted to solicit, by use of a communications system, (i) a person under 18 years of age for the purpose of enticing that person to perform in or be a subject of sexually explicit visual material or otherwise be involved in the production, publication, sale, or possession with the intent to distribute such material, or (ii) a person under the age of 18 years of age for the purpose of violating the law that prohibits the possession of child pornography.
Patron: Stolle
Final judgments in circuit court; when modifiable and appealable. Repeals the provision enacted during the 2003 General Assembly Session that final judgments in circuit court criminal cases remain under the control of the circuit court for 90 days rather than the current 21 days. The filing deadlines for appeals and the transfer of the trial record to the Court of Appeals are proportionately increased to maintain consistency with current practice. The provision was scheduled to become effective on July 1, 2004, so it has never been in effect.
Patron: Stolle
Supreme Court. Allows the Chief Justice to designate senior, retired, or active judges of the Court of Appeals to serve on panels of the Supreme Court that consider petitions for appeal.
Patron: O'Brien
Serious or Habitual Offender Comprehensive Action Program (SHOCAP). Provides that a juvenile who has been convicted of one criminal street gang felony qualifies for SHOCAP. Under current law a juvenile must have been convicted of three felonies or misdemeanors to qualify, unless the felonies are murder, attempted murder, armed robbery or malicious wounding. SHOCAP is a program that provides control, supervision and treatment for serious or habitual juvenile offenders.
Patron: Blevins
Sheriffs' fees. Increases and clarifies some of the fees charged by sheriffs for (i) out-of-state service, (ii) sheriff's commission on executing a writ, and (iii) collection of expenses of advertising.
Patron: Blevins
Sheriff's fees. Increases the sheriff's fee for services related to repossessions, levies, evictions, sheriff's sales and out-of-state service of process.
Patron: Quayle
Pleadings and other papers signed by nonattorneys. Restores bona fide employees, persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) and property managers to the list of nonattorneys who may sign a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice filed in general district court. The bona fide employee, property manager or licensed person must be authorized to sign such pleadings by those individuals now statutorily authorized to sign such pleadings (a corporate officer (with the approval of the board of directors), a manager of a limited liability company, a general partner of any form of partnership or a trustee of any business trust).
Legislation passed in 2003 narrowed the class of signatories of pleadings (by eliminating "bona fide employee[s]") at the same time as it expanded the types of business entities whose authorized representatives could sign such pleadings. Under current law, persons licensed under § 54.1-2106.1 and resident managers can appear in court to recover rent or possession. The bill specifies (i) that property managers can appear in cour242.2-304.02t to recover rent or possession and (ii) that a person licensed under § 54.1-2106.1 or a property manager also can sign the necessary pleadings associated with recovery of rent or possession.
Patron: Saslaw
Report of arrest of adult school students to school superintendent for certain offenses. Requires that a public school student who is 18 or over and arrested for certain offenses be reported to the division superintendent. The offenses are the same as those for which a juvenile student would be reported (e.g., firearms; homicide, felonious assault, sexual assault; drug offenses; arson; burglary; robbery). The bill extends this list to include criminal street gang related activity.
Patron: Saslaw
Applicant Fingerprint Database. Requires the State Police to develop a fingerprint database for use in criminal background checks.
Patron: Houck
Retired law-enforcement officers; photo identification cards. Requires that upon retirement, a law-enforcement officer be issued a photo identification card indicating that he is a retired law-enforcement officer. The bill also requires that such identification cards be provided upon request to law-enforcement officers who retired before July 1, 2004.
Patron: Norment
College of William and Mary; easements. Provides for certain drainage and temporary construction easements related to the proposed right-of-way and easement dedication by The College of William and Mary for widening of the intersection of Monticello Avenue and Ironbound Road.
Patron: Quayle
Sunday closing laws. Repeals Virginia's "Blue laws."
Patron: Mims
Communications privilege. Provides that persons defined as domestic violence or sexual assault advocates and persons translating the communications between advocates and victims may not disclose oral or written communications between advocate and victim or be compelled to testify or provide any evidence regarding any such oral or written communications. The privilege does not extend to testimony or reporting requirements in matters relating to child abuse and neglect, nor does it extend to information that an attorney for the Commonwealth is required to disclose in a criminal case.
Patron: Rerras
Establishing the ownership and management relationship of the sailing vessel Virginia. Authorizes the Governor to enter into an agreement with the Virginia Maritime Heritage Foundation for the operation of the sailing vessel Virginia. Under the bill, ownership of the Virginia is transferred to the Commonwealth; however, the operation and maintenance of the Virginia is the responsibility of the Foundation. The bill sets out the minimum requirements of the agreement and that the Virginia is to be used for trade missions, marketing, economic development, film production, festivals and other events.
Impact Statements