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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.
2005 SESSION
Chairman: Kenneth W. Stolle
Clerk: Larry M. Girvin
Staff: Jessica French,Mary K. Felch
Date of Meeting: January 26, 2005
Time and Place: Wednesday, 2 p.m., Senate Room A
Patron: Edwards
Mentally ill defendants; technical changes. Provides that a defendant in a criminal matter may be hospitalized if so seriously mentally ill as to be unable to care for himself. Under current law the standard is "imminently dangerous to himself or others."
Patron: Edwards
Crisis intervention pilot programs for persons with mental illness. Permits the Department of Criminal Justice Services to establish crisis intervention team pilot programs in up to six areas of the state by January 1, 2006. The crisis intervention pilot programs shall assist law-enforcement officers to respond to crisis situations involving persons with mental illness, substance abuse, or both. By November 1, 2005, the Department shall submit to the Joint Commission on Health Care a report outlining the plan for the program. The Department, in consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall establish a training program for all persons involved in the crisis intervention team pilot programs. Each crisis intervention team shall develop a protocol that permits law-enforcement officers to release from custody persons whom they encounter in crisis situations when the crisis intervention team has determined the person is sufficiently stable. The Department shall evaluate and report annually to the Joint Commission on Health Care on the impact and effectiveness of the crisis intervention team pilot programs.
Impact Statements
Patron: Edwards
Mental health courts; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to establish, by January 1, 2006, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
Impact Statements
Patron: Wampler
Fire bombs; definition. Amends the definition of a fire bomb to clarify that it includes a wick composed of any material capable of igniting the flammable material or chemical compound inside a container.
Patron: Marsh
Human biological evidence. Requires the Division of Forensic Science to store, preserve, and retain all biological evidence that is in its possession on July 1, 2005, and to develop an inventory of the evidence.
Patron: Mims
Clerks' fees; what is taxed as costs. Clarifies what court costs are taxable in an attempt to make statewide practice more uniform.
Patron: Cuccinelli
Firearms; carrying on public property. Declares that no person who lawfully possesses a firearm shall be prohibited from carrying such firearm on public property or the buildings thereon unless specifically prohibited by law.
Patron: Howell
Forfeiture of property. Allows alternative property to be seized in cases where a defendant's property is to be seized because of terrorism, money laundering or drug trafficking and the property originally designated for seizure is no longer available because of certain acts or omissions of the defendant.
Patron: Reynolds
Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute cocaine; penalties. Provides that any person who manufactures, sells, gives, distributes, or possesses cocaine with intent to manufacture, sell, give, or distribute it shall, in addition to any other punishment provided therefor, receive a mandatory minimum term of imprisonment of five years for a first offense. Upon a second or subsequent conviction of such a violation, the person shall receive a mandatory minimum term of imprisonment of 15 years and, upon a third conviction of such a violation, he shall be guilty of a Class 1 felony.
Impact Statements
Patron: Norment
Chain of custody form. Provides that a chain of custody form attested to by the employee of a law-enforcement agency responsible for the custody of physical evidence is prima facie evidence of the chain of custody.
Patron: Norment
Virginia Consumer Protection Act. Reduces the punitive damages that may be awarded upon a finding of a willful violation of the Virginia Consumer Protection Act to an amount that is not less than $100 nor more than $1,000. Currently, a person who suffers a loss as a result of an intentional violation may be awarded an additional amount equal to the greater of $1,000 or three times the actual damages sustained. The measure also caps the attorney's fees and court costs that may be awarded to a plaintiff under the Act to an amount equal to twice the actual damages awarded.
Patron: Blevins
Obscene videos in motor vehicles; penalty. Makes it unlawful (Class 4 misdemeanor, fine up to $250) for the operator of any motor vehicle to display or permit the display within the vehicle of any motion picture or video display that is either obscene or harmful to minors if such motion picture or video display can be seen by persons outside the vehicle.
Impact Statements
Patron: O'Brien
Improper driving; penalty. Provides that a person may be charged with the offense of improper driving when his conduct is of the kind that constitutes reckless driving but when his degree of culpability is slight. Currently it is only a lesser included offense of reckless driving.
Patron: Watkins
Sentencing guideline point enhancements for certain firearm crimes in certain localities. Provides that when the discretionary guidelines worksheets are prepared for cases in which the primary offense is murder, robbery, or assault and any such offense is committed with or attempted with a firearm, the guidelines worksheets shall be amended to allow for additional punishment for any locality in which certain criteria are met.
Impact Statements
Patron: Devolites Davis
Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language, and relocating language. The bill punishes using a computer to interfere with a computer system as a Class 1 misdemeanor and as a Class 6 felony if done while committing a separate felony. The bill imposes a minimum mandatory fine of $1,000 for a felony violation of the Computer Crimes Act.
Impact Statements
Patron: Devolites Davis
Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language and relocating language. The bill also redefines computer invasion of privacy involving the unauthorized gathering of identifying information and punishes subsequent offenses, transferring the information to another or use of the information another crime as a Class 6 felony. Currently, the offense is punishable only as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and punishes transferring the information to another or use of the information another crime as a Class 5 felony.
Impact Statements
Patron: Ticer
Elimination of capital punishment for minors. Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense. Currently, the age is 16 or older at the time of the offense.
Impact Statements
Patron: Stolle
Driving under the influence. Clarifies provisions in the driving under the influence laws, particularly in the refusal statute. The bill makes references to DUI manslaughter and DUI maiming consistent throughout the DUI laws. A law-enforcement officer will have to read the refusal form only to persons who refuse to take a blood or breath test.
Patron: Obenshain
Carrying concealed handguns; penalty. Amends the section requiring a person to have a valid permit to carry a concealed handgun, making it legal for a person to carry a concealed firearm so long as he informs a law-enforcement officer of his possession as soon as practicable if approached and he secures the firearm at the officer's request or allows the officer to secure the weapon.
Patron: Obenshain
Modification of sentencing guidelines for methamphetamine. Provides that for any conviction involving any substance that contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers, the discretionary sentencing guidelines applicable to cocaine shall be used.
Impact Statements
Patron: Obenshain
Computer crimes; phishing; penalty. Makes it a Class 6 felony to fraudulently obtain, record, or access from a computer the following identifying information of another: (i) social security number; (ii) driver's license number; (iii) bank account numbers; (iv) credit or debit card numbers; (v) personal identification numbers (PIN); (vi) electronic identification codes; (vii) automated or electronic signatures; (viii) biometric data; (ix) fingerprints; (x) passwords; or (xi) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services. Any person who sells or distributes such information or uses it to commit another crime is guilty of a Class 5 felony.
Impact Statements
Patron: Stolle
Hunting while intoxicated. Establishes a blood alcohol concentration level of 0.08 or greater at which it is unlawful to hunt with a firearm, bow and arrow, or crossbow. The bill includes an implied consent provision and the related testing procedures which parallel those of the driving under the influence and boating under the influence statutes. The bill also increases the penalty for hunting while intoxicated from a Class 2 to a Class 1 misdemeanor.
Impact Statements
Patron: Stolle
Number of district judges. Adds a new general district court judge to the 15th Judicial District (Fredericksburg, Essex, Caroline, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland), and a new juvenile court judge to the 20th Judicial District (Loudoun, Fauquier, Rappahannock).
Patron: Stolle
Sentencing guidelines for revocation of suspension of sentence or probation in felony cases. Directs the use of sentencing guidelines in revocation hearings for revocation of sentence suspension or revocation of probation where the initial sentencing was for a felony violation.
Patron: Stolle
Penalties for methamphetamine manufacture. Doubles the minimum penalty, from 5 to 10 years imprisonment, for manufacturing methamphetamine if the amount is 200 grams or more, and imposes enhanced punishment for a second or subsequent offense. The bill also provides that any person 18 years of age or older who maintains a custodial relationship over a child under the age of 18 and who allows that child to be present during the felonious manufacture or attempted manufacture of methamphetamine shall be imprisoned for not less than 10 nor more than 40 years to be served in addition to and consecutively with any other sentence.
Impact Statements
Patron: Stolle
Judicial Inquiry and Review Commission; confidentiality; Freedom of Information Act. Exempts the Commission from the Freedom of Information Act and also requires that ethical advice given to a judge by an attorney employed by the Commission and any attendant records be kept confidential. The bill allows the Commission to share such advice, without identifying the judge, with the judicial ethics advisory committee established by the Supreme Court.
Patron: Stolle
Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language and relocating language. The bill reduces thresholds for damages and punishment, imposes minimum mandatory fines in some cases, and now specifically punishes gathering identifying information and circumventing security measures each as a felony.
Impact Statements
Patron: Stolle
Virginia Indigent Defense Commission; powers and duties. Requires the Commission to report periodically to the Virginia State Crime Commission and the courts committees and money committees of the House and Senate on the caseload of each public defender office.
Patron: Stolle
Cemetery operators, perpetual care trust funds and preneed burial contracts; penalties. Revises the penalty provisions to provide that a violation of the regulatory statutes must have been willful and intentional to constitute a misdemeanor. In order to constitute a felony a provision is added that the action must have been done with the intent to defraud.
Patron: Stolle
Number of circuit court judges. Creates a new circuit court judgeship in the 28th Judicial Circuit (Bristol, Washington, Smyth).
Patron: Stolle
Interstate or intrastate travel for illicit sex with a minor. Provides that any person who, knowingly, with lascivious intent and the intent to commit certain sex acts with a child (i) travels interstate or intrastate, or (ii) persuades, induces, entices, or coerces a child to travel interstate or intrastate and the child then travels interstate or intrastate, is guilty of a felony. A range of punishments is set out depending upon the age of the victim and age of the perpetrator.
Impact Statements
Patron: Stolle
Sex crime age limitations; penalties. Raises the age of the victim, for the purposes of committing the crime of taking indecent liberties with children, from 13 to 14. The bill also raises the age of the victim, for the purposes of committing the crime of aggravated sexual battery, from 12 to 14. The bill also removes the age restrictions (currently 13 to 14 years of age) on the crime of aggravated sexual battery when the act is committed by force, threat, intimidation or through the use of the victim's physical helplessness, or when the accused causes bodily or mental injury or uses a dangerous weapon.
Impact Statements
Patron: Stolle
Civil action for shoplifting and employee theft. Conforms the civil recovery provisions for shoplifting with the criminal shoplifting provisions by (i) basing civil recovery on retail value of the goods rather than the merchant's actual wholesale cost and (ii) making the civil recovery provision applicable when an offender appropriates goods or cash to another.
Patron: Mims
Crimes; criminal street gangs; penalties. Adds to the list of crimes defined as "predicate criminal act" the following: § 18.2-42, assault by mob; § 18.2-56.1, reckless handling of a firearm; § 18.2-59, extorting money; § 18.2-95, grand larceny; § 18.2-286.1, shooting from a motor vehicle; § 18.2-287.4, carrying a loaded firearm in public areas in certain localities; and § 18.2-308.1, possession of a firearm, stun weapon or taser on school property. In addition, the bill provides that "predicate criminal act" includes the violation of any offense substantially similar to these newly added crimes as well as the existing listed crimes when committed in another state or territory of the United States, the District of Columbia, or the United States. The bill provides enhanced punishments for gang activities taking place at or near schools, colleges, school buses, school bus stops, recreation centers, public libraries, and state hospitals. Also, it makes it a Class 1 misdemeanor for an attorney or other person to disclose to a defendant charged with a violation of § 18.2-46.2, 18.2-46.3, or 18.2-46.3:3 the address, telephone number or place of employment of a victim or witness to a defendant, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Finally the bill treats criminal street gangs as public nuisances and allows for the enjoinment of such nuisance, and provides for a mandatory minimum term of 10 days confinement in jail for any person who is in violation of any injunction against the criminal street gang.
Impact Statements
Patron: Stosch
Income tax; preparers of fraudulent returns; felony. Makes it a felony for income tax return preparers to fraudulently prepare returns or otherwise assist in filing fraudulent returns and authorizes the Tax Department to seek an injunction against the tax return preparer.
Impact Statements
Patron: Cuccinelli
Concealed handgun permits; persons disqualified. Revises provision that an individual is disqualified from obtaining a handgun permit upon a sworn, written statement of the sheriff, chief of police, or attorney for the Commonwealth that the applicant is likely to use a weapon unlawfully or negligently to endanger others, to provide that disqualification occurs upon such statement only if the court bases its decision on clear and convincing evidence of particular acts by the applicant within the three-year period immediately preceding the application.
Patron: Edwards
Child sex abuse crimes. Allows evidence of the defendant's prior conviction of child sexual abuse crimes in a case where he is accused of child sexual abuse.
Impact Statements