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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: March 3, 2004
Time and Place: Wednesday, 2:00 P.M., Senate Room A
Revised Added HB 1482
Patron: Albo
Discovery in misdemeanor cases in circuit court. Provides that in any criminal prosecution for a misdemeanor by trial de novo in circuit court, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 7C:5 (district court criminal discovery rule) of the Rules of the Supreme Court. Currently, by law or rule, no discovery is available on appeal of misdemeanor convictions to circuit court.
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: 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: Albo
Jail fees paid by those convicted of crimes. Provides that a sheriff or jail superintendent may charge an inmate convicted of a criminal offense, for each night spent in the facility, an amount equal to the average annual cost to house an inmate for one day at that facility, or he may charge $70 per day, whichever is less. The bill also provides that the sheriff or jail superintendent may not charge the inmate for more than five nights, or $350, whichever is less. The charge is based upon the 2002 average annual, statewide cost of housing a jail inmate of $67.19. The bill also reduces the VASAP fee by $70.
Patron: McQuigg
Reckless driving; penalties. Provides that if a person, while driving on a suspended or revoked operator's license, drives recklessly and causes the death or serious bodily injury of another, he is guilty of a Class 6 felony.
Impact Statements
Patron: McQuigg
Local, prepayable traffic offenses. Establishes unequivocally the prepayable fine for a local speeding offense at $200, subject to suspension only if the defendant performs some community service.
Patron: Johnson
Privilege as to marital communications. Provides that spoken or written marital communications are completely privileged from disclosure, under a privilege held by both spouses which continues after the marriage is dissolved, except in cases where either spouse is charged with a crime or tort against each other or against the child of either spouse. Under current law, a spouse may disclose otherwise privileged marital communications so long as the disclosure is by a means other than examination in the action or testimony.
Patron: Miles
Unclaimed property; sale and disposal by State Police. Allows the State Police to provide for the sale or use of unclaimed personal property that has been in its possession unclaimed for more than 60 days. "Unclaimed personal property" is defined to include any personal property, other than firearms or other weapons, that (i) belongs to another that has been acquired by a law-enforcement officer pursuant to his duties; (ii) is not needed in any criminal prosecution; (iii) has not been claimed by its rightful owner; and (iv) the State Treasurer has indicated will be declined pursuant to the Uniform Disposition of Unclaimed Property Act. Prior to sale or use of the unclaimed property, the State Police must attempt to notify by mail the rightful owner of the property, receive in writing from the attorney for the Commonwealth that the property is not needed for a criminal prosecution, and post on its website for 60 days a description of the property and notice of the time, date, and place of display and sale of the property. The bill also provides for the disposition of funds from such sale into the Literary Fund. Alternatively, the State Police may retain any unclaimed personal property for its own use, or use of other law-enforcement agencies, if that is a more economical alternative to the purchase of a similar item. No claim may be made or any suit initiated for the recovery of the property or the proceeds after one year from the date of sale. The bill also creates a section that allows the State Police to destroy unclaimed firearms or other weapons if it complies with the notice provisions relating to the disposition of unclaimed personal property set forth above.
Impact Statements
Patron: Janis
Concealed handgun permit; issuance of permit. Provides that a copy of a concealed handgun permit application will become a de facto permit if the court does not grant or deny the permit within 45 days of receipt of the completed application. The bill requires the clerk of the court to record the date that the completed application is received, and certify on the application if no action is taken by the court within the required 45-day time period. The clerk must send a copy of the certified application to the applicant, and the copy will serve as a de facto permit until the court grants a five-year concealed handgun permit or finds the applicant to be disqualified. If the five-year permit is denied, the applicant must surrender the de facto permit to the court. The clerk must also forward a copy of the certified application to the State Police and local law-enforcement agencies, so that the permit's existence and status will be known to law-enforcement agencies.
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: Nixon
Non-profit credit counseling; penalty. Requires credit counseling agencies to obtain a license from the State Corporation Commission in order to provide or offer to provide to consumers debt management plans. Under consumer debt management plans, an agency agrees to engage in debt settlement or debt pooling and distribution services on behalf of a consumer with the consumer's creditors, and the consumer gives money or control of his funds to the agency for distribution to the consumer's creditors. Licensees shall provide to consumers a statement that providing debt management plan services on behalf of the consumer may have a derogatory effect upon the consumer's credit report. The SCC's Bureau of Financial Institutions may investigate and examine the affairs, business, premises, and records of any person licensed or required to be licensed. The SCC may impose a fine or penalty on violators not exceeding $1,000. Any person operating without a license in violation of the Act shall be guilty of a Class 6 felony. Any person who suffers loss by reason of a violation may bring a civil action. The SCC may request the Attorney General to investigate a suspected violation. Any violation constitutes a prohibited practice under the Virginia Consumer Protection Act. The measure does not apply to a person licensed to practice law in the Commonwealth. An agency that had been licensed under the current statutes regulating non-profit debt counseling agencies, which laws are repealed by this measure, is required to reapply for the new license by October 1, 2004.
Impact Statements
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
Child support; extraordinary medical expenses. Makes computation and payment of future extraordinary medical expenses in sole and split custody arrangements identical to that for shared custody arrangements. Under current law, in sole and split custody arrangements, the allowable costs associated with extraordinary medical expenses are added to the basic child support obligation to establish a monthly child support amount. In shared custody arrangements, those costs are allocated in accordance with the parties' income shares and are paid in addition to the basic child support obligation. The approach under the shared custody arrangements permits for more accurate calculation and allocation of extraordinary medical expenses.
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: Janis
Immunity; skydiving. Provides that skydiving activity sponsors or skydiving professionals are not liable for injury to or death of a participant resulting from the inherent dangers of skydiving, and that no participant or his guardian, parent or representative shall have or make any claim or recover for injury, loss, damage or death of a participant resulting from an inherent danger of skydiving.
Patron: Janis
Failing to pay for motor fuel; penalty. Provides that any person who intentionally drives away without paying for motor fuel may be prosecuted for larceny. Currently, it is a $100 civil penalty.
Impact Statements
Patron: Janis
Penalties for aggressive driving. Allows court to suspend license of and issue a restricted license to a person convicted of aggressive driving.
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
Civil procedure; medical malpractice actions; nonsuits. Permits a court, in a medical malpractice case, to assess as costs against a party who gives notice of a nonsuit fewer than eight days before trial reasonable witness fees and travel costs of expert witnesses. If notice to suffer a nonsuit is given on or after the first day of trial, the court may assess against the nonsuiting party the reasonable costs incurred by the other party due to the late notice, including reasonable expert witness fees and travel, court reporter appearance fees, and fees for service of process incurred for witnesses at trial. Under current law, a court may assess only witness fees and travel costs for expert witnesses if a party gives notice of the nonsuit within five days of trial. This bill affects only those nonsuit provisions for actions maintained under the medical malpractice statute (Chapter 21.1 (§ 8.01-581.1 et seq.) of Title 8.01).
Patron: Bell
Forfeiture on recognizance. Clarifies that a criminal defendant's bond may be forfeited not only upon his failure to appear in court as required but upon his failure to meet the conditions of his recognizance, as well.
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
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
Crimes; DUI; blood test. Amends the implied consent statute to extend from three hours to six hours the time period in which a blood or breath test can be taken after a 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: 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: Marshall, R.G.
Affirmation of Marriage Act for the Commonwealth of Virginia. Declares as existing policy that the Commonwealth of Virginia does not recognize a marriage, civil union, partnership contract or other arrangement purporting to bestow any of the privileges or obligations of marriage under the laws of another state or territory of the United States unless such marriage conforms to Virginia law.
Patron: McDougle
Driving while license, permit, or privilege to drive suspended or revoked. Provides that mandatory minimum punishment for a third or subsequent offense of driving on a suspended license applies only if such offense occurs within 10 years of the first offense. The bill also unclutters existent language in an attempt to clarify, without changing the intent of the law.
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: Phillips
Criminal history records search; justices; judges and substitute judges; magistrates. Requires criminal history records checks of all persons elected by the General Assembly as justices of the Supreme Court, judges of the Court of Appeals, and judges of the circuit and district courts, and of all persons appointed by the circuit courts as magistrates or substitute judges. The bill also prohibits the appointment of substitute judges and magistrates with certain criminal backgrounds in the same manner as the prohibitions for appointment of special conservators of the peace.
Patron: Howell, A.T.
Judgment debtors; abbreviated social security numbers. Provides that only the last four digits of the social security number of the judgment debtor shall appear on a copy of a docketed judgment, a writ of fieri facias and any attachments thereto, or a garnishment summons.
Patron: Hugo
Penalties for racing. Provides that causing injury to another while racing is a Class 6 felony. The bill also requires surrender of a racer's driver's license upon conviction for one to three years.
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: Albo
Repeal of various statutes. Repeals, by recommendation of the Title 18.2 Study Subcommittee of the Virginia State Crime Commission, 13 statutes that have been little used and revises two such statutes. In determining whether to recommend a statute for repeal the Subcommittee looked at various factors, including the date enacted, the number of convictions under the statute, whether the statute was the subject of any appellate court cases and whether the elements of the offenses were covered by other statutes.
Patron: McDonnell
Transfer of forfeiture statutes to the criminal procedure code. Moves forfeiture provisions from Title 18.2 (criminal law) to Title 19.2 (criminal procedure) without substantive change.
Impact Statements
Patron: McDonnell
Mandatory minimum punishment. Sets out a definition of mandatory minimum punishment to mean that the court shall impose the entire term of confinement, the full amount of the fine and the complete requirement of community service. Currently the term is used inconsistently throughout the Code. This is a recommendation of the Title 18.2 Study Subcommittee of the Crime Commission.
Patron: McDonnell
Selected provisions of Title 18.2. Moves certain statutes out of Title 18.2 and into other titles of the Code. Bad check and civil liability provisions are moved to Title 8.01, authorizations for local ordinances are moved to Title 15.2 and nuisance provisions are moved to Title 48. This bill is a recommendation of the Title 18.2 Study Subcommittee of the Virginia State Crime Commission.
Patron: McDonnell
Venue; civil actions. Provides that Category B venue includes counties or cities in which the defendant regularly conducts substantial business activity. Under current law, Category B venue includes counties or cities in which the defendant regularly conducts affairs or business activity.
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
Administrative license revocation. Provides that when a person is arrested or summonsed for a DUI offense, the period of administrative license revocation shall be the earlier of trial or seven days for a first alleged offense, 30 days for a second alleged offense and 60 days for a third alleged offense. The person may petition the court for a restricted license based on substantial hardship. The suspension period is currently seven days in all cases.
Patron: McDonnell
Reimbursement for costs of responding to emergencies. Specifies that reimbursement to a locality for responding to a terrorist emergency may be converted to a judgment upon nonpayment and that failure to satisfy a judgment to a locality for responding to an emergency call necessitated by a DUI results in suspension of the person's driver's license and registration.
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
Appointment of magistrates. Provides that the authority of the chief circuit court judge to appoint magistrates and chief magistrates is to be exercised in consultation with the chief general district and juvenile court judges and that all appointments of magistrates are for four-year terms even if the appointment is to fill a vacancy.
Patron: McDonnell
Fixed fee for misdemeanors, etc. Provides that court costs in criminal and traffic matters in district court are to be charged once for multiple charges arising from a single incident only when those related charges are disposed of at the same time.
Impact Statements
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: Cline
Concealed handgun permits. Exempts retired officers of the law-enforcement division of the Virginia Marine Resources Commission from concealed weapons requirements. The bill also exempts certain retired law-enforcement officers who have reached the age of 55, other than officers terminated for cause, from the requirements. The bill provides that an order denying the issuance of a concealed handgun permit must state the basis for the denial and advise the applicant as to his right to and requirements for perfecting an appeal of the order. A law-enforcement officer with the U.S. Marshals Service would not have to pay a fee for a concealed handgun permit. For purposes of reciprocity, the official government-issued law-enforcement identification card issued to an active-duty law-enforcement officer in the Commonwealth who is exempt from obtaining a concealed handgun permit shall serve as the officer's concealed handgun permit. Finally, the bill sets forth a definition of a "law-enforcement officer" to be used throughout § 18.2-308 that includes individuals defined as a law-enforcement officer in § 9.1-101, including full-time law-enforcement officers employed by a law-enforcement agency of the United States or a political subdivision who perform similar duties to those set forth in § 9.1-101; campus police officers; law-enforcement agents of the United States Armed Forces; and federal agents authorized to carry weapons.
Impact Statements
Patron: BaCote
Criteria for detention or shelter care. Requires a juvenile probation officer to continually search for less restrictive alternatives to secure detention when a juvenile is detained in a local detention facility.
Patron: Griffith
Sexually violent predators; civil commitment. The bill requires state and local courts, clerks and agencies to provide the CRC with information that it requests. The prisoner must remain in secure custody pending the circuit court hearing and the date for the circuit court hearing is extended to 60 days after filing the petition from the current 30 days. The bill also provides for a minimum 30-day continuance if less than full commitment is ordered, during which time alternatives to full commitment shall be developed. The bill allows presentence and postsentence reports and victim impact statements to be used in the civil commitment process.
Patron: Bell
Venue for criminal sexual assault prosecutions. Provides that the venue for trial of any person transporting or attempting to transport through or across this Commonwealth, any person for the purposes of committing or attempting to commit criminal sexual assault is in any county or city in which any part of such transportation occurred and that the trial of any person charged with committing or attempting to commit criminal sexual assault against a person under 18 years of age is the county or city in which the crime is alleged to have occurred or in the county or city where the person under 18 years of age resided at the time of the offense.
Patron: Lingamfelter
Pneumatic guns. Allows a locality to regulate or restrict the use of pneumatic guns by ordinance, including requiring that minors under the age of 16 have adult supervision when using pneumatic guns. No such ordinance shall prohibit the use of pneumatic guns at shooting ranges or other property where firearms may be discharged. Commercial or private areas may be established for the use of pneumatic paintball guns, but such areas must provide protective equipment for the face and ears of participants, and signs must be posted warning against entry into the area by unprotected persons. The bill defines a "pneumatic gun" as an implement, designed as a gun, that expels a BB or pellet by action of pneumatic pressure. The bill clarifies definitions of other types of firearms to distinguish between firearms and pneumatic guns. The bill states that if a school operates a Junior Reserve Officers Training Corps (JROTC) program, the school cannot prohibit the JROTC from conducting marksmanship training that includes the use of pneumatic guns. However, students may be suspended for up to one year if they bring a pneumatic gun onto school property or to a school-sponsored activity without permission from the school administrator or the military commanding officer of a JROTC program.
Impact Statements
Patron: Hurt
Persons charged with first offense of assault and battery against a family or household member. Allows a court to order participation in a local community-based probation program established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if such program is available, when a person charged with first offense of assault and battery against a family or household member is placed on probation under deferred proceedings.
Patron: Hurt
Pretrial programs. Clarifies that pretrial service programs are for adults and juveniles transferred for trial as adults. The bill also repeals cross-references that are no longer necessary.
Patron: Janis
Product liability; products containing open and obvious dangers. Exempts manufacturers or sellers from liability for claims of injury due to voluntary use of a product containing open and obvious dangers, and directly caused by the open and obvious dangers of that product. Such products are limited to (i) food products made with sugar, butter or hydrogenated oils or transfats, (ii) tobacco, or (iii) firearms. Excludes from the exemption actions based on manufacturing defects or breach of an express warranty.
Patron: Cox
Servicemembers Civil Relief Act. Establishes civil law protections for servicemembers, consistent with federal law. Blocks entry of default judgment absent an affidavit stating whether the defendant is in military service, or that the plaintiff does not know if he is in such service. Authorizes setting aside default judgments against servicemembers as provided by federal law. Authorizes appointment of counsel to a servicemember defendant in accordance with federal and state law (§ 44-102.1, benefits and protections for Virginia National Guard members called to active duty), and permits the court to assess the attorney's costs and expenses against any party to the case.
Patron: Janis
Total Return Unitrust. Allows a trustee to convert a Virginia trust that directs or permits the distribution of trust net income (an income trust) into a unitrust that distributes a percentage of the trust assets. This bill provides statutory authority that is responsive to federal regulations revising the definition of income for federal tax law purposes. Those federal regulations in turn are responsive to changes in state law, including Virginia law, that permit trusts to use a total return method of investing to promote equitable treatment of trust beneficiaries. This bill codifies in Virginia law the safe harbor provisions of the federal regulations so that Virginia has full authority for converting an income trust to a total return trust, thus ensuring that Virginia trusts will not migrate to other states that have enacted the safe harbor provisions in state law.
Impact Statements
Patron: Armstrong
Mechanic's lien; attachment to easement. Clarifies that any mechanic's lien associated with work or materials furnished relative to an easement shall attach only to that easement and not to fee simple title to the real estate.
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.
Patron: McDonnell
Definition of explosive. Amends the definition of explosives to exclude small arms ammunition or components thereof that are packaged in the manufacturer's original packaging, except for black powder, or permissible fireworks. The bill also provides that the Fire Prevention Code does not apply to the handling, storage or sale by a licensed firearms dealer of small arms ammunition or components thereof packaged in the manufacturer's original packaging, except for black powder.