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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 25, 2004
Time and Place: Wednesday, 2:00 P.M., Senate Room A
Patron: Albo
Three-year license suspension for refusal. Provides that if the court or jury finds the defendant guilty of an offense of refusal to submit to a blood alcohol test occurring within 10 years of a prior DUI, as charged in the warrant or summons issued pursuant to § 18.2-268.3, the court shall suspend the defendant's privilege to drive for a period of three years.
Patron: Albo
Crimes; carrying concealed weapon. Adds machete to the list of those weapons that are illegal to carry on the person hidden from observation.
Impact Statements
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: Athey
Amber alert system; issuance of alerts. Clarifies that the initial decision to make a local or regional Amber Alert is at the discretion of the local or regional law-enforcement officials, but the local or regional law-enforcement officials must provide information regarding the abducted child to the State Police prior to issuing the alert. The initial decision to make a state-wide Amber Alert is at the discretion of the State Police.
Impact Statements
Patron: Athey
Mandatory minimum fine for a first offense DUI. Clarifies that the mandatory minimum fine for a first offense DUI is not conditioned upon elevated blood alcohol content but simply the offense.
Patron: Nutter
Concealed weapons permit. Provides that an out-of-state concealed weapons permit authorizes the holder of the permit to carry a handgun in the Commonwealth if the permit-holder is at least 21 years of age. The bill allows recognition of the other state's permit even if the other state has a lower age requirement and permits weapons other than handguns. Virginia's age requirement (21 years) would apply and the only weapon authorized while the permit-holder is in Virginia is a handgun.
Patron: Janis
One gun a month. Allows the holder of a valid Virginia concealed-carry permit to purchase more than one handgun a month. The bill also allows a person to purchase more than one handgun a month if purchased through a private sale. Private sale is defined as a sale by a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. This language is drawn from federal law. The bill incorporates HB 186.
Patron: Keister
Assessment for courthouse and courtroom security. Provides that the fee assessed by counties and cities in criminal and traffic cases of up to $5 shall be appropriated by the governing body to the sheriff's office, and may be used not solely for courthouse security personnel, but also, at the sheriff's request, for courthouse security equipment including but not limited to stationary or moveable metal detectors, panic alarm systems, or loudspeaker systems. This bill incorporates HB 457 and HB 1140.
Patron: Marrs
Courts of record; disposition of papers. Allows the clerk of the circuit court to use an electronic format for the archival of records, papers, and documents of cases, as long as the clerk preserves them in accordance with the standards of the Virginia Library Board.
Impact Statements
Patron: Marrs
Deputy court clerks. Requires the Compensation Board, for each new circuit court judgeship approved, to fund additional deputy court clerk positions in accordance with Compensation Board staffing standards. The bill has a delayed effective date of January 1, 2005.
Impact Statements
Patron: Sherwood
Driving after forfeiture of license for DUI conviction. Clarifies that driving in contravention of a restricted license issued after a DUI conviction is equivalent to driving after forfeiture of the license for such a conviction.
Impact Statements
Patron: Carrico
Driving motor vehicle after ingesting illegal Schedule I or Schedule II drugs. Makes driving after ingesting any amount of illegally possessed Schedule I and Schedule II drugs a Class 2 misdemeanor.
Impact Statements
Patron: O'Bannon
Unlawful to assist individuals in procuring prescription drugs; penalty. Provides that any person who knowingly assists another in procuring for compensation prescription drugs from a pharmacy or other source he knows is not licensed, registered or permitted by the Board shall be guilty of a Class 6 felony. This bill will strengthen the Commonwealth laws to permit prompt action against unregulated Internet mail order pharmacies and storefront pharmacies that broker prescription drugs from other countries.
Impact Statements
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: Bell
Crimes; qualifications of persons authorized to take blood samples. Eliminates the word "professional" from the term "registered professional nurse" that describes a class of persons authorized to take blood samples.
Patron: Bell
Infected sexual battery; penalty. Provides that any person who, knowing he is infected with genital herpes, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the intent to transmit the infection to another person, is guilty of a Class 6 felony.
Impact Statements
Patron: Bell
Damaging signs. Makes it a Class 1 misdemeanor (jail for up to 12 months and/or a fine up to $2,500) to deface, damage, knock down, or remove any reflectorized street address sign posted to assist in address identification in connection with enhanced 9-1-1 service.
Impact Statements
Patron: Bell
Aggravated sexual battery. Provides that aggravated sexual battery committed against the will of the complaining witness or through the use of the complaining witness's mental incapacity or physical helplessness is, in and of itself, without any additional factors considered, a felony offense. Under current law, one of the following additional factors would be necessary: (i) the complaining witness is at least 13 but less than 15 years of age, (ii) the accused causes serious bodily or mental injury to the complaining witness, or (iii) the accused uses or threatens to use a dangerous weapon.
Impact Statements
Patron: Bell
Unlawful filming, videotaping or photographing of another; penalty. Provides that videotaping a nude or undergarment-clad nonconsenting person under the age of 18 is punishable as a Class 6 felony. Currently, the offense is a Class 1 misdemeanor without regard to the age of the nonconsenting person.
Impact Statements
Patron: Bell
Arrest for drunk driving. Allows an officer with the power of arrest to arrest a person, who was involved in an accident, at any location where such person has moved,. Currently, the officer is restricted to arresting such person who has been transported to a hospital or medical facility.
Patron: Bell
Penalties for driving while intoxicated. Reduces the blood alcohol content from 0.20 to 0.15 for purposes of mandatory confinement of 10 days, 20 days for second offense, and reduces the blood alcohol content from 0.25 to 0.20 for purposes of mandatory confinement of five days, 10 days for second offense. The bill adds a provision requiring a mandatory term of confinement of two days for a blood alcohol content of at least 0.12 percent but less than 0.15 percent.
Impact Statements
Patron: Bell
Juvenile alcohol offenses. Makes it clear that it is illegal for an underage person to consume alcoholic beverages as well as to purchase or possess them. The bill also provides that it is a Class 1 misdemeanor to give or provide alcohol to someone who is prohibited from possessing alcohol.
Impact Statements
Patron: Bell
Crimes; DUI; blood test. Eliminates within the implied consent statute the requirement that a blood or breath test be taken within three hours of the stop.
Patron: Bell
Revocation of license for multiple convictions of driving while intoxicated. Clarifies language regarding administrative license revocation for multiple DUI offenses to eliminate apparent requirement that a "second offense" or "third offense" be proven for the revocation to occur. Intended effect of new wording is to accomplish revocation for multiple "first offenses," i.e., those cases where the Commonwealth was unable to or did not prove that the defendant had a prior offense.
Patron: Shannon
Adds to the definition of sexual abuse: "the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts."
Impact Statements
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: Byron
Third offense assault and battery against a family or household member. Provides that upon a conviction for assault and battery against a family or household member, when the person has been previously convicted of two offenses of (i) assault and battery against a family or household member, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense similar to any of the above under the law of any other jurisdiction, in any combination, all of which occurred within a period of 10 years, and each of which occurred on a different date, the person is guilty of a Class 6 felony. Currently, the Class 6 felony applies only if the prior convictions were for assault and battery against a family or household member.
Impact Statements
Patron: Byron
Infected sexual battery; penalty. Provides that any person who, knowing he is infected with HIV, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with another person without disclosing the existence of his infection to the other person is guilty of a Class 6 felony. Currently, this is a crime if the perpetrator intends to infect the other person.
Impact Statements
Patron: Bell
Enhanced punishment for third DUI, etc. Provides that a person charged with third offense DUI is rebuttably presumed ineligible for bail. The bill also provides for a mandatory term of 10 days for anyone who causes bodily injury while driving intoxicated.
Impact Statements
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 knowingly allows him to be in the presence of the sale or manufacture or attempted manufacture of, a controlled substance or marijuana, where such action constitutes a felony violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2.
Impact Statements
Patron: Albo
Criminal penalty revisions. Adds a new felony class of five to 40 years to the existing six classes in order to classify as many unclassified felonies as possible. A Class 1 felony (life imprisonment or death sentence) is renamed a capital felony and a Class 2 felony (20 years to life) is renumbered a Class 1 felony. The new felony of five to 40 years becomes a Class 2 felony. The crimes of abduction and assault are broken into degrees. The penalties for malicious wounding of a police officer and malicious wounding with a caustic substance are raised to Class 2 felonies (five to 40 years) from the current penalty of five to 30 years. The "marital exemptions" for forcible sodomy and object sexual penetration are eliminated, as was done with rape during the 2002 General Assembly Session. The penalty for conspiring or attempting to abduct a person is raised to the same level as conspiracies and attempts for other crimes. Many of the revisions made are ancillary Code changes necessitated by the substantive changes. This bill is recommended by the Title 18.2 Study Subcommittee of the Virginia State Crime Commission and is a response to HJR 687 (2001), which requested the Crime Commission to study the organizations and inconsistencies in Title 18.2, the level and extent of penalty and to review the proportionality of criminal penalties. The bill has an effective date of July 1, 2005.
Impact Statements
Patron: Albo
Sexual offenses; penalties. In order to comply with Lawrence v. Texas, 123 S. Ct. 2472 (2003), the bill repeals the statute making fornication a Class 4 misdemeanor and amends the lewd and lascivious behavior statute to specify that the behavior is illegal when performed in a public place. Without repealing the existing crimes against nature statute, the bill proposes a new statute that will ensure that such behavior is illegal when committed in a public place. The bill also amends certain statutes dealing with prostitution and sexual crimes against juveniles to ensure that if there is a court decision rendering the crimes against nature statute invalid, the behavior will still be illegal if committed with a child, if done in public or if done in connection with prostitution.
Impact Statements
Patron: Moran
Supreme court; standards of practice for court-appointed attorneys. Requires the Supreme Court of Virginia to establish standards of practice for court-appointed attorneys and to maintain a list of attorneys meeting such standards.
Impact Statements
Patron: Armstrong
Intake of juveniles. Permits a juvenile intake officer to proceed informally against a juvenile more than once where the juvenile is alleged to have committed an offense that would be a Class 1 misdemeanor or lesser offense if committed by an adult, or is alleged to have committed a status offense. Under current law, intake officers may proceed informally only once where the juvenile is alleged to have committed such an offense. This bill would allow the intake officer to seek alternatives to court action when the offense the juvenile is alleged to have committed is not a violent juvenile felony, and is intended to help relieve the burden on juvenile court dockets.
Impact Statements
Patron: Scott, E.T.
Admission of victim impact testimony. Clarifies that victim impact testimony is to be heard by the trier of fact whether the defendant is found guilty after trial or upon a guilty plea.
Patron: Moran
Exclusion of witnesses in criminal trials. Provides that any victim who is to be called as a witness in a criminal trial shall be exempt from the rule authorizing the exclusion of all witnesses unless, in accordance with the provisions of § 19.2-265.01 (presence of witness would cause impairment of conduct of the trial), his exclusion is specifically required.
Patron: Moran
Juvenile fingerprints and photographs. Mandates the taking of fingerprints and photographs of any juvenile who is taken into custody and charged with a delinquent act if the charge is one that has to be reported to the Central Criminal Records Exchange for an adult arrest (all felonies and most Class 1 and 2 misdemeanors except DUI, trespass and disorderly conduct). Under current law this procedure is mandatory only for juveniles 14 years of age or older who are charged with certain crimes classified as violent juvenile felonies. If the juvenile is found not guilty, the fingerprints and photographs are destroyed unless the charge was for a violent juvenile felony, in which case they are maintained in the Central Criminal Records Exchange and the juvenile court.
Patron: Moran
Penalty for driving while intoxicated; subsequent offense. Imposes a 10-day minimum mandatory sentence for a third offense DUI committed within 10-years and a six-month mandatory sentence if within five years. Currently, a fourth or subsequent offense results in a one-year minimum mandatory sentence.
Impact Statements
Patron: Moran
Divorce; property distribution. Adds the use or expenditure of marital property for a non-marital purpose, done in anticipation of divorce or separation, or after the last separation, to the factors that the court shall 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
Audiovisual recording of motion pictures unlawful; penalty. Prohibits recording of a motion picture while it is being shown at a movie theater and punishes such behavior as a Class 1 misdemeanor.
Impact Statements
Patron: McDonnell
Forfeiture of vehicle for third DUI offense. Provides that any person convicted a third or subsequent time for DUI within 10 years shall suffer the seizure and forfeiture of his vehicle.
Patron: McDonnell
Mandatory ignition interlock. Provides that, in addition to any penalty provided by law for a DUI conviction the court shall, for any offense where an offender's blood alcohol content equals or exceeds 0.15 percent, as a condition of a restricted license or as a condition of license restoration, require an ignition interlock.
Patron: McDonnell
Purchase of firearms. Provides that the law governing purchase of firearms in Virginia by Virginians shall not apply to restrict purchase, trade or transfer of firearms by a resident of Virginia when the resident of Virginia makes such purchase, trade or transfer in another state and that when a resident of Virginia makes a purchase, trade or transfer of firearms in another state, the laws and regulations of that state and of the United States governing the purchase, trade or transfer of firearms shall apply.
Patron: McDonnell
Appeals of juvenile court decisions. Requires the circuit court to hold a hearing on the merits of any appeal of a finding of delinquency or the disposition within 45 days of its filing, if the juvenile is in a secure facility pending appeal. Those limitations are tolled for any period of escape, and the court may extend the time limit for good cause shown as documented in the case record. If either the juvenile or the attorney for the Commonwealth has appealed a transfer decision, the circuit court must hear the appeal within 45 days after receiving the case from the juvenile court.
Impact Statements
Patron: McDonnell
Penalty for driving while intoxicated; subsequent offense. Creates a mandatory minimum term of 30 days for a second offense within five years, formerly five days; for a second offense within five to 10 years, 10 days in jail, formerly no mandatory minimum; for a third offense within 10 years, 60 days, formerly 10 days; and for a third offense within five years, 180 days, formerly 30 days.
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: Moran
Temporary custody of juveniles. Eliminates language authorizing the placement of a juvenile who is alleged to be a child in need of services in the temporary custody of the Department of Juvenile Justice. Provides that temporary custody by the Department of Juvenile Justice is ordered for only those juveniles found to be delinquent for an offense that renders the juvenile eligible for commitment pursuant to: (i) subdivision A 14 of § 16.1-278.8 (the juvenile is aged 11 or older and the offense would be a felony if committed by an adult; a Class 1 misdemeanor if committed by an adult and the juvenile has previously been found to be delinquent based on an offense which would be a felony if committed by an adult; or would be a Class 1 misdemeanor if committed by an adult and the juvenile has previously been adjudicated delinquent on three occasions for offenses which would be Class 1 misdemeanors if committed by an adult) or (ii) § 16.1-285.1 (the juvenile is aged 14 or older and, among other things, has been found guilty of an offense which would be a felony if committed by an adult).
Impact Statements
Patron: Lingamfelter
Sales and purchases of firearms in contiguous states. Repeals provisions regulating sales of firearms to residents of contiguous states and purchase of firearms by Virginia residents in contiguous states. This bill incorporates HB 353 and HB 1086.
Patron: Hamilton
Delinquent juveniles; disposition. Requires, for juveniles 11 years of age or older who can be committed to the Department of Juvenile Justice for an offense that would be a Class 1 misdemeanor if committed by an adult, that the juvenile must have previously been adjudicated delinquent on three separate occasions.
Impact Statements
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: Gear
Public defender offices. Requires the establishment of a public defender office in the City of Hampton.
Impact Statements
Patron: McDonnell
Exemplary damages for persons injured by intoxicated drivers. Provides that a person is liable for exemplary damages if he causes injury or death while driving with a blood alcohol content of 0.15 percent notwithstanding his lack of knowledge of his intoxication. Currently, in order to be liable he must reasonably know that he has consumed too much alcohol to drive safely.