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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: Jescey French, Mary K. Felch
Date of Meeting: February 23, 2004
Time and Place: Monday, 9:00 A.M., Senate Room A
Patron: Cosgrove
Feticide. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. The bill also provides that any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years, and that any person who unlawfully, willfully and deliberately, without malice, kills the fetus of another is guilty of a Class 5 felony.
Impact Statements
Patron: Cosgrove
Public defenders' offices. Requires the establishment of a public defender's office in the City of Chesapeake.
Impact Statements
Patron: Reese
Restricted permit to operate a motor vehicle. Authorizes a court to issue a restricted permit to operate a motor vehicle to a person in order for that person to travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation.
Patron: Reese
Orders of judgment in courts not of record. Clarifies that judges in courts not of record may enter as a judgment order a discrete written installment or settlement order that has been endorsed by counsel. Under current law, a judge may enter a discrete written order in such cases as he deems appropriate or may enter the judgment on a pleading, note or bond.
Patron: Reese
Compensation of appointed counsel. Eliminates the $100 cap on compensation a circuit court may award to an attorney appointed to represent a child pursuant to subsection A of § 16.1-266. The compensation is assessed as costs against parents who are financially able to pay for an attorney but refuse to do so. The bill permits the court to assess as costs against the parents the maximum amount the court awards the attorney. The bill retains the cap on compensation in the general district court.
Impact Statements
Patron: Reese
Appeals from decisions of general district court. Permits issuance of a writ of execution immediately upon entry of judgment for possession in cases of judgment of default arising out of a trustee's deed following foreclosure. Under current law, writs of execution may not issue until expiration of the 10-day period for appeal, except in cases of judgment of default for nonpayment of rent. This bill extends that exception to those judgments of default arising out of a trustee's deed following foreclosure.
Patron: Reese
Civil jurisdiction in actions of unlawful entry or detainer in general district court. Extends, in actions for unlawful entry or detainer where the occupant is using the premises primarily for business, commercial or agricultural purposes, (i) the expanded general district court jurisdiction over, and (ii) the elimination of the maximum jurisdictional amount of $15,000, from claims to counter-claims and cross-claims. Under the current statute, the plaintiff may sue for more than $15,000 in general district court, but the defendant may counter-claim only for $15,000 or less.
Patron: Reese
Copies of subpoenaed documents to be provided to opposing party. Requires any party to a civil proceeding who subpoenas documents concerning an opposing party that are not available to either party to provide copies of the documents to the opposing party or his attorney. The requirement does not apply where the subpoenaed documents are returnable to and maintained by the clerk of court in which the proceeding is pending.
Patron: Sherwood
Definition of a law-enforcement officer. Corrects a nonexistent subsection reference.
Patron: Melvin
Senior justices and judges. Clarifies that a justice of the Supreme Court or judge of the Court of Appeals may retire and later be designated a senior justice or judge. The current language could be read that such designation would have to be achieved prior to retirement.
Patron: Melvin
Property bail bondsmen. Provides that a property bail bondsman needs to obtain a certificate from only one circuit court judge in order to operate statewide, rather than from a circuit court judge in each jurisdiction in which he intends to write bonds. This bill is a recommendation of the Judicial Council.
Patron: Wright
Possession or transportation of firearms by illegal aliens. Provides that an illegal alien shall be subject to punishment as a Class 6 felon for possession of any firearm. Currently, the law prohibits the possession of an assault weapon by any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence.
Impact Statements
Patron: Marshall, R.G.
Prohibited executions. Provides that the Department of Corrections shall promulgate regulations setting forth procedures to assure that no person sentenced to death shall be put to death while she is pregnant.
Patron: Kilgore
Civil procedure; disclosure of insurance liability limits. Requires disclosure of the liability limits to an attorney for an injured person, prior to the filing of a civil action for personal injuries resulting from a motor vehicle accident, after the attorney provides written notice of representation.
Patron: Oder
Malicious bodily injury; caustic substance. Includes as an offense maliciously causing bodily injury with an infectious biological substance or radiological agent.
Impact Statements
Patron: Hargrove
Mechanic's lien; keeper of garage, hanger or marina. Increases the maximum lien for repairs or alterations made at the request of the owner of the boat, aircraft, or vehicle that the keeper of the garage, hanger or marina shall have from $625 to $800.
Patron: Purkey
State Treasurer; interest paid to owners of unclaimed property. Specifies the applicable rate of interest to be paid to the owner of unclaimed property if the property was interest bearing and the holder fails to report the applicable rate of interest.
Impact Statements
Patron: Purkey
Electronic filing of reports of funds or property presumed abandoned. Requires a person to electronically remit reports containing 25 or more items of funds or other property presumed abandoned to the administrator in a format prescribed by the administrator. The administrator may waive this requirement when he determines, in his discretion, that it creates an undue hardship. Current law requires the person to create such a report and remit it to the administrator without specifying the format.
Impact Statements
Patron: Griffith
Sex offender registration procedures. Clarifies the manner in which a registered sex offender must (i) register with the law-enforcement agency of his residence within 10 days prior to a move out of the residence to a new locality, whether within or without the Commonwealth, and (ii) register with the new locality within 10 days following a move to a new residence within the state. The bill also clarifies that persons who have been in a state civil commitment program for sexually violent preditors who are required to register must do so within 10 days of release from the program.
Impact Statements
Patron: Kilgore
Filing fees in custody and visitation cases. Creates a special rate for fees in custody and visitation proceedings barring any add-on fees in these cases and applies the special rate for appeal of these cases. The bill also corrects an omission in last year's legislation clarifying that a petition may be reissued without additional costs or fees if service could not be had. This is a recommendation of the Committee on District Courts. The bill incorporates HB 946 and HB 1284.
Impact Statements
Patron: Watts
Persons who may perform marriage rites. Clarifies that a minister authorized to perform marriage ceremonies in the Commonwealth may do so anywhere in the Commonwealth.
Patron: Albo
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 and its affiliates to post a bond or irrevocable letter of credit in an amount up to the full amount of judgment. The bill contains a clause specifying that its provisions are procedural and not substantive in nature.
Patron: Suit
Concealed handgun application. States that there is no requirement as to the length of time an applicant for a concealed handgun permit must have been a resident or domiciliary of the county or city where he applies.
Patron: Kilgore
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
Patron: Keister
Assessment for courthouse and courtroom security. Broadens the use of the $5 fee collected by the courts for assessment for courthouse and courtroom security to funding all courthouse security, not just security personnel.
Patron: Stump
Civil immunity. Provides civil immunity for public officials and private volunteers who participate in a program in which persons on community service or persons on probation who are ordered as a condition of probation or community service to pick up litter along a section of public roadway or waterway. The immunity protects the public persons and private volunteers from liability for injury to the persons on probation or community service, unless there is willful misconduct on the part of the public person or private volunteer. The bill provides that it shall not be interpreted to grant any immunity to a motorist who, by his negligence, may injure such probationer or person on community service.
Patron: Albo
Civil recovery; health care provider professional services. Authorizes a health care provider, if an insured or enrollee of an accident and sickness insurance policy or health maintenance organization fails to remit insurance payments he has received for health care rendered, to institute a civil action to recover the lesser of $250 or three times the amount of the payment, together with the amount of the payment and any sanctions imposed pursuant to § 8.01-271.1. Action may be instituted only after the health care provider has invoiced the insured or enrollee for the services, and 30 days after the insured's or enrollee's receipt of the insurance payments.
Patron: Albo
Arrest and detention. Allows a law-enforcement officer to arrest without a warrant, an individual who is an illegal alien who is a felon and who has previously been deported. The individual may be detained until he is taken into federal custody or the expiration of 72 hours. The bill creates a presumption that an individual shall not be admitted to bail if he is an illegal alien.
Patron: Hamilton
Involuntary commitment of minors. Provides that the juvenile and domestic relations court serving the jurisdiction in which the minor is located is responsible for scheduling the involuntary commitment hearing. For emergency admissions, the same shall be scheduled where the juvenile is located or resides.
Patron: Hamilton
Public defender offices. Requires the establishment of a public defender office in the City of Newport News.
Impact Statements
Patron: Janis
Reports to be made by local law-enforcement officers to the Central Criminal Records Exchange (CCRE). Includes DUI as a reportable offense to CCRE by law-enforcement officers upon arrest. Currently, it is specifically excluded.
Impact Statements
Patron: Gear
York County Circuit Court. Changes the name of the York County Circuit Court to the York County-Poquoson Circuit Court.
Patron: Tata
Wrongful incarceration for a felony conviction. Provides guidelines for the compensation of persons wrongfully incarcerated. Under the guidelines a wrongfully incarcerated person may receive an amount of $70 per day of incarceration up to a maximum of $500,000. The compensation shall be paid as an initial lump sum equal to 25 percent of the award with the remaining 75 percent of the principal to be used to purchase an annuity to provide equal monthly payments to such person for a period certain of 10 years. The bill also provides for (i) a $15,000 transition assistance grant for a wrongfully incarcerated person upon his release from prison to be paid from the Criminal Fund, which amount shall be deducted from any award received and (ii) reimbursement of up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. The bill specifically provides that the payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. The bill incorporates HB 631.
Patron: Bell
Duty to inform of right to counsel in juvenile court. Removes probation officers from the series of persons who must inform children and parents of their right to counsel and indigency criteria in certain juvenile court proceedings. Under current law, either the judge, clerk or probation officer must inform a child who is alleged to be delinquent or in need of services or supervision and the child's parent of the child's right to counsel and must inform a parent of the parent's right to counsel for an adjudicatory hearing where a child is alleged to be abused or neglected or for termination of parental rights.
Patron: Shannon
Missing child reports. Requires that local law-enforcement agencies enter descriptive information about a missing child into the Virginia Criminal Information Network and National Crime Information Center systems, forward the report to the Missing Children Information Clearinghouse maintained by the State Police, notify other local law-enforcement agencies, and initiate an investigation within two hours of receiving a report of a missing child. Currently, the law requires that this be done "immediately," but does not define what this means. The amendment clarifies that "immediately" means in no case more than two hours within receipt of the report.
Patron: Joannou
Patient health records. Provides that a patient's executor or administrator also may obtain copies of a patient's health care records where the records are requested in anticipation of litigation or in the course of litigation. Currently only a patient, his attorney, or an authorized insurer may obtain copies of the patient's health care records.
Patron: Joannou
Penalizing employee for service on jury panel. Provides that no person who is required to appear for jury duty shall be required to work on the date of his jury service.
Patron: Hurt
Criminal street gang crimes. Makes a third or subsequent conviction of sections prohibiting criminal street gang participation and recruitment within 10 years a Class 3 felony (five to 20 years in prison).
Impact Statements
Patron: McDougle
Attempted violent felonies. Provides that arrests for attempted violent felonies qualify for DNA sampling of the arrestee. Currently, attempts are not included.
Impact Statements
Patron: Hurt
Confidentiality of court records; juveniles. Authorizes the attorney for the Commonwealth to obtain prior adjudications of juvenile offenders from a juvenile and domestic relations district court for use as evidence in a pending criminal prosecution for a violation of § 18.2-308.2 (possession or transportation of firearms, stun weapons, tasers or concealed weapons by a convicted felon). The bill also allows a bondsman to know the status of his bond on a juvenile, without access to any other part of the juvenile's record.
Patron: Petersen
Hazing. Extends criminal liability to those who haze gang members. Currently, the law is limited to student victims.
Impact Statements
Patron: Byron
Identity theft; fictitious name; identity theft passport; Attorney General to conduct criminal prosecutions; day care records; penalties. Authorizes the Attorney General, at the specific request of the Governor and with the concurrence of the attorney for the Commonwealth, to institute or conduct criminal prosecutions in the circuit court for the crimes of identity theft (§ 18.2-186.3) and the use of a person's identity with the intent to intimidate, coerce, or harass (§ 18.2-186.4). The bill allows for a conviction under the identity theft statutes when the defendant uses a false or fictitious name. The bill requires the DMV, upon notification from the Attorney General that an Identity Theft Passport has been issued to a driver, to note the same on the driver's abstract. The bill directs child day programs that reproduce or retain documents of a child's proof of identity and age that are required upon the child's enrollment into the program to destroy them upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.
Impact Statements
Patron: Howell, A.T.
Property conveyance; subaqueous lands to City of Norfolk. Authorizes the Governor to convey certain subaqueous lands in the Elizabeth River at Norfolk to the City of Norfolk. The bill provides that such conveyance shall be made in a form approved by the Attorney General and that the appropriate officials of the Commonwealth are authorized to prepare, execute, and deliver such deed and other documents as may be necessary to accomplish the conveyance.
Impact Statements
Patron: Ebbin
Public defender offices. Requires the establishment of a public defender office in Arlington County and the City of Falls Church.
Impact Statements
Patron: Reese
Remote access fee. Allows clerks the additional option to assess the remote access fee by flat rate. Current law allows either for fees on each inquiry or fees for actual connect time.
Patron: Reese
Service of process on corporation. Replaces the term "managing employee" with "supervisory employee," defined as an employee charged by the corporation with employee supervision at a business location of the corporation, for the purposes of service of process in garnishment proceedings.
Patron: Reese
Civil remedies; service of process. Makes clear that failure to make return of service of process by anyone authorized to serve process within the time specified shall not invalidate any service of process or any judgment based thereon.
Patron: Reese
Fees for services of district courts. Requires the district court clerks to collect fees for service of process in the circuit court before sending an appeal to the circuit court.
Patron: Reese
Mailing of notice, etc., by clerk. Allows the clerk to serve a notice, process or rule by certified or overnight mail as well as by registered mail as currently allowed.
Patron: Saxman
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 felony distribution, manufacture or attempted manufacture of, a controlled substance or marijuana.
Impact Statements
Patron: Melvin
Bail bondsmen. Provides for licensure and regulation of property and surety bail bondsmen by the Department of Criminal Justice Services. Surety bail bondsmen must also be licensed as property and casualty insurance agents by the State Corporation Commission. A bail bondsman is added to the membership of the Private Security Services Advisory Board. The bill is the result of a study by the Virginia State Crime Commission and is scheduled to become effective July 1, 2005.
Impact Statements
Patron: Moran
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: McDonnell
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: McDonnell
Computer crimes committed by adults. Clarifies language to ensure 18 means 18 and does not mean 19.
Patron: McDonnell
Admission to bail for multiple DUI offenders. Provides that upon the alleged third or subsequent offense for any DUI crime, or upon arrest for a third DUI while awaiting trial for a second, there shall be presumed no admission to bail pending trial.
Impact Statements
Patron: McDonnell
Multiple DUI offenders; Trauma Center Fund. Establishes in the state treasury a special nonreverting fund to be known as the Trauma Center Fund. The Fund shall consist of any moneys paid into it by those who commit a second or subsequent DUI offense and any moneys appropriated by the General Assembly. The Department of Criminal Justice Services is to award and administer grants from the Fund to appropriate trauma centers that routinely provide emergency medical care to victims of automobile accidents attributable to alcohol or drug use. The bill also requires that $50 shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund upon reinstatement of an operator's license instead of the current $25 when such additional fee is required, based upon the underlying offense.
Patron: McDonnell
Predicate crimes by criminal street gangs; penalty. Expands the list of predicate criminal acts that define a pattern of criminal activity and a criminal street gang to include certain drug sale, distribution, transportation, possession and manufacturing crimes, and brandishing a firearm and recruitment of a juvenile into a street gang.
Impact Statements
Patron: Griffith
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: Griffith
Virginia Domestic Violence Victim Fund. Creates the Virginia Domestic Violence Victim Fund. The Fund is to be administered by the Department of Criminal Justice Services, and the resources used to support the prosecution of domestic violence cases and victim services. The bill creates a set-aside of $10 from the $20 tax on marriage licenses directed to DCJS for providing services to domestic violence victims.
Impact Statements
Patron: Bland
Property conveyance; certain real property to City of Petersburg. Authorizes the Virginia Employment Commission to convey certain real property located at 10 North Jefferson Street in the City of Petersburg to the City of Petersburg. The bill provides that such conveyance shall be approved by the Governor and made in a form approved by the Attorney General and that the appropriate officials of the Commonwealth are authorized to prepare, execute, and deliver such deed and other documents as may be necessary to accomplish the conveyance.
Impact Statements
Patron: Cosgrove
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.
Impact Statements
Patron: Watts
Power of attorney; revocation. Authorizes a court to revoke, suspend, or otherwise limit the authority of an attorney-in-fact, held with respect to a person who has become incapacitated, at the request of, and based upon information provided by, the guardian, conservator or committee for that incapacitated person.
Patron: Kilgore
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.
Impact Statements
Patron: Suit
Property conveyance. Authorizes the Virginia Marine Resources Commission to grant an easement and 50-foot right-of-way to Virginia Electric and Power Company in the Elizabeth River for the construction of an additional electrical transmission line cable to provide service to Norfolk and the surrounding area. The easement will cross several Baylor Survey Grounds.
Impact Statements
Patron: Gear
Public defender offices. Requires the establishment of a public defender office in the City of Hampton.
Impact Statements
Patron: Reese
Rates of interest. Provides that the judgment and legal rates of interest both are lowered from the current rate of nine percent to seven percent, to reflect current market realities. Clarifies that where the relevant contract or instrument is silent and the court or jury has not set the interest rate, the same rate is applied for prejudgment and post-judgment interest.
Impact Statements
Patron: Hugo
Imposition of sales and use tax; declaratory judgment. Grants circuit courts original jurisdiction over civil actions where a Virginia business seeks a declaratory judgment that the business is not obligated to collect and remit sales and use taxes to another state.
Impact Statements