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ACROSS SESSIONS
- Subject Index: Since 1995
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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 9, 2004
Time and Place: Monday, 9:00 A.M., Senate Room A
Patron: Howell
Churches; incorporation. Provides that churches may incorporate and hold legal title to real or personal property. In general, any legitimate business transaction or act of an incorporated church may be made without the appointment or use of trustees, to include the conveyance of any real or personal property owned by the incorporated church. A trustee of a church would be permitted to convey real or personal property to an incorporated church without the filing of an application or petition or other action in circuit court.
The bill would exempt from state and local recordation taxes deeds conveying real estate to an incorporated church, deeds of trust or mortgages given by an incorporated church, and deeds conveying real estate from an incorporated church.
The bill contains an emergency clause with an effective date of January 1, 2004.
EMERGENCY
Impact Statements
Patron: Cuccinelli
Concealed handgun permits; denial or revocation of permit. Clarifies that a person whose concealed handgun permit is revoked by a court has a right to an ore tenus hearing, and that notice of such hearing and the basis for the revocation must be provided to the permit holder. The bill also provides that a sheriff, chief of police, or attorney for the Commonwealth may not delegate the authority under subsection E 13 of § 18.2-308 to make a sworn written statement that an applicant for a permit is likely to use a weapon unlawfully or negligently, and if such a sworn statement is the basis for a permit denial or revocation, Part 4 of the Rules of the Supreme Court will apply at an ore tenus hearing. A person aggrieved by a decision of the Court of Appeals relating to a permit denial or revocation would be able to petition to appeal the decision the Supreme Court.
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: Stolle
Appeal bonds. Eliminates the current $25 million ceiling on an appeal bond securing non-compensatory damages and establishes in its place a $25 million ceiling on an appeal bond securing all damages awarded the appellee. Provides that where the appellee shows dissipation of assets by the appellant, the court may require the appellant to post a bond or irrevocable letter of credit in an amount up to the full amount of judgment.
Patron: Quayle
Child support. Revises the child support guideline by (i) providing that "gross income" shall not include income received by the payor parent from a second job that was taken in order to pay off child support arrearages and that cessation of the income is not the basis for a material change in circumstances; (ii) replacing the provision for "extraordinary medical and dental expenses" with a requirement that the parents pay in proportion to their incomes any reasonable and necessary unreimbursed medical or dental expenses in excess of $250 per year per child; (iii) directing the court to consider actual tax savings a party derives from the child-care cost deductions or credits; and (iv) changing the guideline review period from being completed every three years to being completed every four years.
Impact Statements
Patron: Norment
Transmission of prisoner orders. Provides that the certified copies of the orders that the clerk of court must transmit to the Department of Corrections when a person is convicted of a felony shall be transmitted by facsimile or by electronic mail. Under current law the method of transmission is not specified. The bill also clarifies that the 30 days in which the transmission must occur runs from the date the judge enters the final order.
Patron: Norment
Technology Trust Fund Fee. Increases the fee from $3 to $5 and allows the use of the Trust Fund for developing and updating land records automation plans for individual clerks' offices; modernizing land records in individual clerks' offices and providing remote access to land records statewide; obtaining and updating office automation and information technology equipment; preserving, maintaining and enhancing court records, including, but not limited to, the costs of repairs, maintenance, service contracts and system upgrades; and improving public access to court records. The bill allows the clerk to use the Trust Fund for technology improvements in the law and chancery and criminal divisions after implementation of automation of land records with statewide remote access.
Patron: Deeds
Spousal support. Creates a rebuttable presumption that if spousal support is awarded it shall continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation.
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: Stolle
Concealed weapons; concealed handgun permits. Provides that the possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting carries a concealed handgun permit. The bill also provides that the requirement for a concealed handgun permit does not apply to game wardens or Virginia Marine Police officers retired from the Law Enforcement Division of the Virginia Marine Resources Commission. When an application for a concealed handgun permit is denied, the denial order must state the basis for the denial and state the applicant's right for perfecting an appeal of the decision. The bill clarifies that misdemeanors set forth in Title 46.2 shall not be considered a disqualification for a concealed handgun permit. A retired law-enforcement officer from the Department of Game and Inland Fisheries does not have to pay a fee for a concealed handgun permit. Finally, for purpose of reciprocity, the bill would recognize a concealed weapons permit or license issued by another state to a person 21 years of age or older as a valid concealed handgun permit in the Commonwealth. The law currently recognizes only certain out-of-state concealed handgun permits.
Patron: Stolle
Service of process on teacher or other school personnel; restrictions; fees. Restricts service of a summons to only a sheriff, his deputy or a police officer in any case in which custody or visitation of a minor child or children is at issue and the summons is issued for a teacher or other school personnel who is not a party to the proceeding. The bill also doubles the fee to $24 for process and service in any case in which custody or visitation of a minor child or children is at issue.
Patron: Stolle
Judicial Inquiry and Review Commission; confidentiality. Removes the confidentiality of any evidence transmitted to the House and Senate Committees for Courts of Justice or to any member of the General Assembly concerning a judge who is up for election or reelection. The bill also removes the confidentiality surrounding complaints made and information given to the Commission except for those who receive a complaint in an official capacity, investigate a complaint, or participate in the official recording or transcription of proceedings of the Commission.
Patron: Williams
Concealed handgun reciprocity; law-enforcement officers. Provides that for the purposes of participation in concealed handgun reciprocity agreements with other jurisdictions, the official government identification card issued to an active duty law-enforcement officer in the Commonwealth is deemed to be a concealed handgun permit.
Patron: Deeds
Domestic relations; tax on marriage license. Eliminates the $20 tax on a marriage license if the parties to the application have received 4 hours of counseling from a person authorized to perform marriages or from a professional counselor.
Patron: Stolle
Civil remedies and procedures. Relating to appeal when verdict reduced and accepted under protest; new trial for inadequate damages.
Patron: Wagner
Child support guideline. Modifies the calculation of child support in shared custody by repealing the multiplier and distinguishing between variable and fixed costs. Variable costs are based on the percentage of time a parent has custody of the child.
Impact Statements
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: Obenshain
Concealed handgun permits. Provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided the permit holder is not a resident of Virginia and, if the permit does not include a photograph of the holder, he carries a current state or federal government-issued photo identification. Also requires that the Attorney General enter into reciprocal agreements with the states that require it for recognition of the validity of Virginia concealed handgun permits. The bill removes the requirement that the out-of-state permit holders meet Virginia requirements for issuance.
Patron: Obenshain
Child abuse and neglect; definition. Amends the definition of child abuse and neglect to include any child whose parents or other person responsible for his care allows him to be in the presence of, or on the premises during the distribution, manufacture or attempted manufacture of, a controlled substance or marijuana.
Impact Statements
Patron: Mims
Arrest and detention. Allows a law-enforcement officer acting upon reasonable suspicion that a criminal offense has occurred, is occurring or will occur to detain without a warrant until the individual can be taken into federal custody, an individual who is an illegal alien and who is subject to deportation. The bill provides that if a law-enforcement officer is unable to verify the identity of a person he shall follow the procedure for arrest without a warrant and have the person brought before a magistrate or other issuing authority for a probable cause hearing. If a warrant is not issued after the probable cause hearing the individual may be detained until law enforcement receives notification of his identity or until he is taken into federal custody. The bill creates a presumption that an individual shall not be admitted to bail if he is an illegal alien.
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
Deferred disposition; criminal offenses. Provides that a court shall not defer a conviction when the facts found by the court would justify a finding of guilt, unless there is specific statutory authorization for such deferral for the criminal offense with which the defendant is charged.
Patron: Mims
Child support petition. Clarifies that the retroactive modification of a child support order is not dependent on the court that the petition was originally filed in. Child support orders may be modified retroactively only to the date that the petition for modification was filed. When the modification petition is originally filed in juvenile and domestic relations district court and removed to circuit court, some circuit court judges have ruled that the circuit court can order child support retroactive to the date of filing in circuit court and others have ruled that retroactivity goes back to the date of filing in juvenile court. This bill provides that the child support may be modified back to the date that the modification petition was filed in any court.
Impact Statements
Patron: Mims
Purchase money trusts. Provides that any deed of trust that secures a loan is deemed a purchase money deed of trust if the proceeds are used by the borrower to acquire real property.
Patron: Mims
Uniform Child Custody Jurisdiction and Enforcement Act. Makes several modifications to the continuing jurisdiction provisions of the Act. The changes provide that the state with initial jurisdiction does not lose jurisdiction until both parents move out of that state. The current provision says until the "child's parents" move out of the state and it is unclear what happens if one parent moves to another state. The Act is a uniform act proposed by the National Conference of Commissioners on Uniform State Laws and was enacted in 2001 to replace the Uniform Child Custody Jurisdiction Act, which Virginia enacted in 1979.
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: Hanger
Paternity tests. Provides that in cases of unwed parents, administrative and judicial child support orders must contain a statement that paternity has been established through scientifically reliable genetic tests. This provision does not apply where the alleged father has adopted the child, knew that the child was conceived through artificial insemination, is deceased or such testing is impractical or inappropriate for the circumstances of a particular case.
Impact Statements
Patron: Howell
Loaded firearms in restaurants. Prohibits the carrying of a loaded firearm in a restaurant or club with an ABC license. There is an exception for law-enforcement officers and for the owners and employees of the club or restaurant who have a concealed handgun permit.
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: Cuccinelli
Carrying concealed handgun; alcohol consumption. Repeals the prohibition on carrying a concealed handgun in a restaurant or club and revises the Class 1 misdemeanor provision by providing that it is a Class 1 misdemeanor to carry a concealed handgun in a public place after consuming alcohol or while under the influence of an illegal drug. The bill provides that a blood alcohol level of 0.02 or less is not a violation. The bill provides that anyone who has a concealed handgun permit is deemed to have consented to have his blood and breath samples taken. An unreasonable refusal is grounds for revocation of the handgun permit for five years and subjects the person to a civil penalty of not more than $500.
Patron: Deeds
Circuit court clerks; filing of documents. Allows a circuit court clerk to refuse to accept an instrument if the first page of the document does not contain the name of the title insurance underwriter and the policy number or a statement that there is no title insurance or that the policy number is not available or is unknown.
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: Lucas
Drug treatment courts. Establishes drug treatment courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases.
Patron: Edwards
Mentally ill defendants. Provides that a defendant in a criminal matter may be hospitalized if so seriously mentally ill as to be unable to care for himself. Under current law the standard is "imminently dangerous to self or others."
Patron: Stolle
Guns in airports. Provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missle or projectile of any kind, (ii) frame, receiver, muffler, silencer, missle, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, tasers, stun weapons and those weapons specified in subsection A of §18.2-308. This prohibition does not apply to law-enforcement officers or a ticketed passenger who transports a lawful firearm into or out of an air carrier airport terminal to check the firearm with his luggage or retrieve the firearm from the baggage claim area.
Impact Statements
Patron: Obenshain
Criminal procedure; magistrates. Eliminates the prohibition of appointing a person as a magistrate if such person's spouse is a law-enforcement officer.
Patron: Cuccinelli
Involuntary commitment hearings; law students. Provides that it is not the unauthorized practice of law for a third-year law student at a Virginia law school to represent a petitioner in an involuntary mental commitment hearing without the presence of a practicing attorney. The student must have completed certain coursework and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services and that he can be held liable only for intentional malfeasance.
Patron: Deeds
Divorce decrees; spousal support, modification and enforcement. Provides that agreements that are incorporated into a divorce decree are subject to revision by the court upon a showing of clear and convincing evidence that a term or provision is causing manifest injustice or that a change in condition has made such term or provision unconscionable. In the case of a divorce decree, the bill allows the court to order incarceration for contempt only when the court is convinced beyond a reasonable doubt that the contempt is willful, intentional and malicious. The bill also provides that a court may not award spousal support unless there is an agreement between the parties to do so. The bill states that spousal support terminates upon cohabitation.