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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
Chairman: Kenneth W. Stolle
Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: March 8, 2004
Time and Place: Monday, 8:00 A.M., Senate Room A
Revised Added HB 948, HB 668 and HB 1130
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.
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.
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.
Impact Statements
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.
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.
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.
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
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.
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
Penalties for aggressive driving. Allows court to suspend license of and issue a restricted license to a person convicted of aggressive driving.
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).
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
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.
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.
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.
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.
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.
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
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
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.
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.
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.
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.
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 trans fats, (ii) tobacco, or (iii) firearms. Excludes from the exemption actions based on manufacturing defects or breach of an express warranty.
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.
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