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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: February 14, 2005
Time and Place: Monday, 8:00 AM, Senate Room A
Patron: Cosgrove
Escape from custody without violence. Provides that if any person lawfully confined in jail or lawfully in the custody of any court or officer thereof or of any law-enforcement officer escapes, who is in custody for a parole or probation violation, other than by force or violence or by setting fire to the jail, he is guilty of a Class 1 misdemeanor. Currently, misdemeanor escape is punishable only when the prisoner is being held on a misdemeanor charge or conviction. This revision would apply to all legal custody situations.
Impact Statements
Patron: Janis
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: Janis
Multijurisdiction grand jury may investigate robbery. Includes robbery within the ambit of the multijurisdiction grand jury's investigative functions.
Patron: Lingamfelter
Conservators of the peace. Provides that attorneys for the Commonwealth are conservators of the peace.
Patron: Cosgrove
Free criminal history check for a Crime Stoppers, Crime Solvers or a Crime Line program board member. Provides that any board member or any person who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program shall not be required to pay for a criminal history records check for appointment to such a board.
Impact Statements
Patron: Spruill
Creditors; retirement benefits. Eliminates the limitations on the amount of an individual retirement account, to which an employer does not contribute, that are exempt from the claims of an individual's creditors.
Patron: Kilgore
Fiduciaries; obligation to comply with prudent investor rule. Provides that the investment protections associated with the "legal list" do no operate to relieve a fiduciary of his obligations under Virginia's prudent investor rule.
Patron: Cosgrove
Felony to fail to pay child support. Provides that any person who fails to pay child support for his or her child under the age of 18, or child of whatever age who is disabled or otherwise incapacitated from earning a living, when the amount of arrearage accruing on and after July 1, 2005, exceeds $25,000 of child support ordered by a court, is guilty of a Class 6 felony.
Impact Statements
Patron: Albo
Capital murder by members of criminal gangs; penalty. Provides that the willful, deliberate, and premeditated killing of any person by another pursuant to a membership requirement of, or at the direction or order of a member of, a criminal street gang as criminal street gang is defined in § 18.2-46.1 is capital murder.
Impact Statements
Patron: Tata
Possession of methamphetamine, methcathinone, amphetamine, or amphetamine precursors; penalty. Provides that any person found with two or more specified chemical agents or precursors with intent to manufacture methamphetamine, methcathinone, or amphetamine, is guilty of a Class 6 felony.
Impact Statements
Patron: Janis
Criminal appeals by the Commonwealth. Provides that in a felony case, a pretrial appeal from a circuit court may be taken by the Commonwealth from an order of a circuit court dismissing a warrant, information or indictment or any count or charge thereof, on the ground that the speedy trial statute was violated or that the defendant was subjected to double jeopardy.
Patron: Armstrong
Criminal Procedure; when interest is paid on an award of restitution. Provides that interest on an award of restitution runs from the date of the loss or damage unless the court orders interest to run from a different date.
Patron: Byron
Unlawful use of credit card scanning devices and re-encoders; penalty. Punishes as a Class 6 felony the use of a scanner or re-encoder to unlawfully reproduce the information in the magnetic stripe of a credit card.
Impact Statements
Patron: Gear
Purchase of handguns by certain law-enforcement officers. Allows certain law-enforcement agencies to sell service handguns to its current law-enforcement officers when the agency has purchased new service handguns and the handguns subject to sale are no longer used in the course of duty.
Patron: Joannou
Legal malpractice; Clients' Protection Fund. Requires the Virginia State Bar to assess attorneys who are licensed to practice law in Virginia and engaged in the active practice of law but are not covered by a legal malpractice insurance policy or by the risk management program adopted by the Division of Risk Management $1,500 annually, to be deposited into the Clients' Protection Fund. The requirement does not apply to government attorneys; attorneys employed solely as in-house counsel for a corporation or other business entity; attorneys registered as lobbyists; and other attorneys who do not normally represent the general public.
Patron: Marrs
Criminally negligent bodily injury; penalty. Provides that any person who, by negligence so gross, wanton and culpable as to show a reckless disregard of human life, health or safety, causes bodily injury to another, is guilty of a Class 6 felony.
Impact Statements
Patron: Albo
Illegal conveyance or possession of cellular telephone by prisoner; penalty. Creates a Class 1 misdemeanor for an incarcerated prisoner to possess and control a cellular telephone during the period of his incarceration.
Impact Statements
Patron: Albo
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 adds unauthorized installation of software on the computer of another, disruption of another computer's ability to share or transfer information and maliciously obtaining computer information without authority as additional crimes of computer trespass, a Class 1 misdemeanor. The bill also reduces the felony (Class 6) threshold from $2,500 to $1,000 for property damage resulting from computer trespass.
Impact Statements
Patron: Albo
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 nuisances.
Impact Statements
Patron: Bell
Mental health transition plan. Requires the Board of Juvenile Justice, after consultation with the Board of Mental Health, Mental Retardation, and Substance Abuse Services and other related agencies, to promulgate regulations for the planning and provision of mental health, substance abuse or other therapeutic treatment services for persons returning to the community following commitment to a juvenile correctional center or postdispositional detention.
Impact Statements
Patron: Bell
Sexual crimes. Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute (often called the marital rape exemption). Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration statutes, the marital sexual assault statute is repealed. The bill retains the provisions that allow for counseling and therapy, and discharge and dismissal.
Impact Statements
Patron: Shannon
Controlled substances; penalties. Raises the penalty for manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance classified in Schedule III to a Class 5 felony from a Class 1 misdemeanor and a controlled substance classified in Schedule IV from a Class 1 misdemeanor to a Class 6 felony. The bill also provides that an accommodation sale is a Class 1 misdemeanor.
Impact Statements
Patron: Fralin
Criminal history record information. Allows a person, who has applied to be a volunteer with the Girl Scouts of the USA or the Boy Scouts of America serving troops in Virginia, to receive his own criminal history information at no charge.
Impact Statements
Patron: Barlow
False statements; school division residency; penalty. Creates a Class 4 misdemeanor charge for knowingly making a false statement concerning the residency of a child in a particular school division or school attendance zone.
Impact Statements
Patron: Barlow
Defense of electoral board members and general registrar staff; costs. Requires the Division of Risk Management to select counsel and the Commonwealth to pay the costs and legal fees associated with the defense of electoral board members and general registrar staff in any legal or equitable action. Under current law, such costs and fees are not supported in actions that do not seek monetary damages.
Impact Statements
Patron: Carrico
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.
Impact Statements
Patron: May
Virginia Computer Crimes Act; penalties. Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 joint study on Computer Crimes by the Joint Commission on Technology and Science and Virginia State Crime Commission. The bill modernizes definitions to comport with changing technology. The bill adds unauthorized installation of software on the computer of another, disruption of another computer's ability to share or transfer information, and maliciously obtaining computer information without authority as additional crimes of computer trespass, a Class 1 misdemeanor and provides the fraudulently gathering of such information as a Class 6 felony, a new crime and punishes transferring the information to another or use of the information as a Class 5 felony. Lastly, the bill reduces the threshold for property damage resulting from trespass to $1,000.
Impact Statements
Patron: Shuler
Marriage and family therapists. Adds marriage and family therapists to certain Code sections that list other mental health professionals. These sections involve privileged communications in civil actions, evaluation of juvenile competency, compensation for expert testimony, and services falling outside of the definition of employment for purposes of unemployment compensation.
Patron: Ingram
Possession of firearms on school property; concealed handgun permit exemption. Allows the holder of a valid concealed handgun permit to possess a handgun on school property while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.
Patron: Moran
Receivers for attorneys. Clarifies and makes more specific provisions regarding receiverships for attorneys who become disabled, impaired, absent, deceased, suspended, or disbarred. The bill also provides that receivers of attorneys' practices will be covered under the State's risk management plan when acting in an authorized governmental or proprietary capacity and in the course and scope of employment or authorization.
Impact Statements
Patron: Watts
Sexual offenses against children by a parent or grandparent; penalty. Raises criminal penalties for sex offenses committed by parents and grandparents against their children and grandchildren.
Impact Statements
Patron: Stump
Possession of explosive material. Provides that if a person is prohibited from possessing, transporting or carrying explosive materials because of a felony conviction, such person may possess, transport or carry explosive materials if his right to do so has been restored pursuant to federal law.
Patron: Weatherholtz
Crimes; restitution for cleanup of illegal lab. Requires the court to order a defendant to pay the costs associated with the removal and remediation of an illegal drug lab site.
Patron: Bell
Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information and punishes subsequent offenses and transferring the information to another or use of the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony.
Impact Statements
Patron: Moran
Criminal procedure; criminal records exchange. Requires the law-enforcement agency making a report to the exchange to include within its report, along with the fingerprints, a mug shot of the individual arrested. The State Police and local law enforcement are required to establish written procedures for conducting in-person and photographic lineups.
Impact Statements
Patron: Hurt
Availability of presentence report to defendant. Allows counsel for the accused to provide the accused with his presentence report.
Patron: McDonnell
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).
Impact Statements
Patron: McDonnell
Number of circuit court judges. Creates a new circuit court judgeship in the 28th Judicial Circuit (Bristol, Washington, Smyth).
Impact Statements
Patron: Ebbin
Payment of wages with bad checks; penalty.Provides that an employer who pays wages with a bad check having a face value of $200 or more shall be guilty of a Class 6 felony.
Impact Statements
Patron: Lingamfelter
Firearm shows; prior notice. Eliminates the requirement that gun show promoters provide a list of vendors and exhibitors 72 hours prior to a show to the State Police and the sheriff or chief of police of the locality in which the show will be held. Gun show promoters will still be required to provide law-enforcement with at least 30-days notice of any show and provide a copy of the vendor and exhibitor list after the show. The bill also changes from 72 hours to five days the time within which the promoter must send the vendor and exhibitor list after the show, and would allow a promoter to send that list via email.
Patron: Pollard
Subsequent offenses of stalking. Provides that a second stalking conviction occurring within two years shall be a Class 6 felony rather than a Class 1 misdemeanor. Currently there is no such increased penalty. This would complement the existing increased penalty (from a Class 1 misdemeanor to a Class 6 felony) that results from a third or subsequent conviction within five years.
Impact Statements
Patron: Scott, J.M.
Possession and transportation of firearms, stun weapons, tasers or concealed weapons; juveniles adjudicated delinquent of certain crimes; penalty. Makes it unlawful for a person who was adjudicated delinquent on or after July 1, 2005, of murder, kidnapping, armed robbery, or rape and was 14 years of age or older at the time of the offense to possess or transport firearms, stun weapons, tasers, or concealed weapons for the rest of his life. Under current law, such a person would be able to posses these weapons at age 29. Possession or transport of these weapons is a Class 6 felony.
Impact Statements
Patron: McQuigg
Organized criminal gang reporting. Repeals a provision relating specifically to reporting of organized youth gang activity, and creates a general law-enforcement reporting requirement of all gang activity to the Organized Criminal Gang File in the Virginia Criminal Information Network and the Violent Criminal Gang File of the National Crime Network Center maintained by the Federal Bureau of Investigation. The bill also contains technical amendments.
Impact Statements
Patron: Cosgrove
Drug Treatment Court. Establishes a drug treatment court in Chesapeake.
Impact Statements
Patron: Sherwood
Sex Offender and Crimes Against Minors Registry Act; registration; enforcement. Amends the Sex Offender and Crimes Against Minors Registry Act to add murder of a child under 15 to the list of crimes for which registration is required, and sexual battery against a child under six to those crimes classified as sexually violent offenses. The bill requires that a sex offender who must register in his home state register in Virginia when he moves here, regardless of whether the underlying criminal offense is similar to a Virginia offense. The bill also requires the registration of a nonresident in Virginia for an extended visit. Finally, the bill clarifies that local law-enforcement agencies have the authority to enforce the provisions of the Act.
Impact Statements
Patron: Carrico
Board of Corrections; real property conveyed to Town of Marion. Authorizes the Governor to convey without consideration certain property in the custody of the Board of Corrections to the Town of Marion.
Impact Statements
Patron: Kilgore
Detention center incarceration program. Provides that participation in a diversion center incarceration program shall not be imposed in addition to an active sentence to a state correctional facility.
Patron: Wright
Concealed handgun permits; disqualifications. Amends the provision disqualifying a person from receiving a concealed handgun permit on the basis of a written statement of a sheriff, chief of police, or attorney for the Commonwealth alleging that the applicant is likely to use the weapon in an unlawful or negligent manner.
Currently, a person is disqualified if a sheriff, chief of police, or attorney for the Commonwealth submits such a statement to the court. The bill would allow the court to decide whether the information in the statement indicates likely unlawful or negligent behavior by a preponderance of the evidence. The bill would also require that a sworn statement be based on personal knowledge of specific acts that took place within the four years immediately preceding the permit application.