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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.
2006 SESSION
Chairman: Kenneth W. Stolle
Clerk: Larry M. Girvin
Staff: J. French, M. Felch, K. Shuey
Date of Meeting: January 23, 2006
Time and Place: Monday, 9:00 AM, Senate Room A, GAB
REVISED ADDED SB392 & SB555
Patron: Quayle
Bad checks; child support; penalties. Specifies that writing a bad check for child or spousal support falls within the criminal penalties for bad checks. The bill also adds writing a bad check for child or spousal support on behalf of a business, firm, or corporation knowing that there are insufficient funds to the provisions that make it a Class 1 misdemeanor or Class 6 felony ($200 or more) for an employer to write a bad check for wages.
A BILL to amend and reenact §§ 18.2-181 and 18.2-182 of the Code of Virginia, relating to bad checks; child and spousal support; penalty.061209800
Impact Statements
Patron: Puller
Crimes; brandishing a machete; penalty. Makes it illegal to brandish a machete in a threatening manner, and includes such offense as one of the predicate criminal acts that defines street gang activity.
A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-282.1, relating to brandishing a machete and doing so as a gang member; penalty.066065260
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, 2007, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
A BILL to establish a pilot program of mental health courts in the Commonwealth.061167728
Patron: Puller
Revocation of conditional release; period following revocation. Extends the duration of the custody period following the revocation of a person's conditional release but before he is subject to hospitalization and treatment from 30 days to 60 days.
A BILL to amend and reenact § 19.2-182.10 of the Code of Virginia, relating to the duration of the custody period following the revocation of a person's conditional release but before he is subject to hospitalization and treatment.063480136
Patron: Puller
Criminal procedure; compensation of expert witness. Eliminates the prohibition against compensating psychiatrists, clinical psychologists, or other experts who are employed by the Commonwealth and are appointed by the court to render professional service in trials involving an insanity defense or after conviction in a case in which the offense indicates sexual abnormality. The bill limits such compensation to that which is provided during non-state hours and that is approved as being outside the scope of state employment.
A BILL to amend and reenact § 19.2-175 of the Code of Virginia, relating to the compensation of an expert witness in certain criminal cases.062409136
Patron: Blevins
Not guilty by reason of insanity; conditional release. Provides that when a person who has been found not guilty by reason of insanity is on conditional release, the fact that he voluntary admits himself to a hospital does not automatically revoke his conditional release.
A BILL to amend and reenact §§ 19.2-182.8 and 19.2-182.9 of the Code of Virginia, relating to not guilty by reason of insanity; conditional release.063468136
Patron: Cuccinelli
Psychiatric Inpatient Commitment of Minors Act; special justices. Makes it clear that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.
A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803 and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Commitment of Minors Act; special justices.064315720
EMERGENCY
Patron: Cuccinelli
Human Anti-Trafficking Act. Creates the Human Anti-Trafficking Act and punishes trafficking in humans for forced labor as a Class 5 felony and trafficking in minors for sexual activity as a Class 4 felony. The measure also provides for civil remedies for the victims.
A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 18.2 an article numbered 10, consisting of sections numbered 18.2-76.3 through 18.2-76.6, creating the Human Anti-Trafficking Act; penalties.061236720
Impact Statements
Patron: Cuccinelli
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." The provision applies to pretrial, after conviction but before sentencing and after sentencing.
A BILL to amend and reenact §§ 19.2-169.6, 19.2-176 and 19.2-177.1 of the Code of Virginia, relating to mentally ill defendants.061204720
Patron: Howell
Sexually violent predators. Authorizes the Department of Mental Health, Mental Retardation and Substance Abuse Services to contract with the Department of Corrections to provide services for the monitoring and supervision of civilly committed sexually violent predators who are on conditional release.
A BILL to amend and reenact §§ 37.2-910 and 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators; emergency.061184134
EMERGENCY
Patron: Howell
Sexually violent predators. Establishes within the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Office of Sexually Violent Predator Services to administer provisions relating to the civil commitment of sexually violent predators.
A BILL to amend the Code of Virginia by adding a section numbered 37.2-900.1, relating to the office of sexually violent predator services.061230134
Patron: Obenshain
False identification cards used for establishing Virginia residency; penalty. Punishes the possession, manufacture, etc. of false identification cards with the intent to use same as evidence of Virginia residency as a Class 6 felony. Raises the penalty for possession without such intent from a Class 2 to a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-204.2 of the Code of Virginia, relating to false identification cards used for establishing Virginia residency; penalty.069816782
Impact Statements
Patron: Howell
Sexually explicit material on the Internet; penalty. Makes knowingly facilitating the payment, in any manner, for access to sexually explicit material over the Internet involving persons under the age of 18 a Class 4 felony.
A BILL to amend and reenact § 18.2-374.1 of the Code of Virginia, relating to sexually explicit items involving children; penalty.069817744
Impact Statements
Patron: Howell
Psychiatric Inpatient Commitment of Minors Act; special justices. Makes it clear that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.
A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803 and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Commitment of Minors Act; special justices.063015160
EMERGENCY
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." The provision applies to pretrial, after conviction but before sentencing and after sentencing.
A BILL to amend and reenact §§ 19.2-169.6, 19.2-176 and 19.2-177.1 of the Code of Virginia, relating to mentally ill defendants.061168728
Patron: Locke
Drug treatment courts. Establishes a drug treatment court in the City of Newport News.
A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to the establishment of drug treatment courts.063875750
Patron: Saslaw
Impersonating law-enforcement officer or misrepresenting vehicle; penalty. Provides that it is a Class 6 felony to impersonate a law-enforcement officer or to operate a motor vehicle with the intent to make another believe that it is a law-enforcement vehicle in a way that would make such a belief reasonable.
A BILL to amend and reenact § 18.2-174 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-174.2, relating to impersonating a law-enforcement officer; representation of vehicle as a law-enforcement vehicle; penalties.063779816
Impact Statements
Patron: Stolle
Third offense driving on a suspended license; penalty. Makes the third or subsequent offense of driving on a revoked license a Class 6 felony. Driving on a suspended license remains a Class 1 misdemeanor.
A BILL to amend and reenact §§ 46.2-301 and 46.2-302 of the Code of Virginia, relating to third offense of driving while license, permit, or privilege to drive suspended or revoked; penalty.061162820
Impact Statements
Patron: Devolites Davis
Fee for recording name of registered agent. Conforms the clerks' fee of $10 for recording the name of a registered agent.
A BILL to amend § 55-218.1 of the Code of Virginia, relating to conforming fee for recording name of registered agent.066513726
Patron: Devolites Davis
Crimes; brandishing a machete; penalty. Makes it illegal to brandish a machete in a threatening manner while committing one of many various crimes, and includes such offense as one of the predicate criminal acts that defines street gang activity.
A BILL to amend and reenact §§ 18.2-46.1 and 18.2-53.1 of the Code of Virginia, relating to brandishing a machete; penalty.066573726
Impact Statements
Patron: Devolites Davis
Identity theft; penalties. Increases the penalty for an identity theft violation from a Class 1 misdemeanor to Class 6 felony. Under current law there must be a financial loss greater than $200 in order for an initial violation to be a felony. The bill increases any second violation from a Class 6 felony to a Class 5 felony. The bill also increases any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation from a Class 6 felony to a Class 5 felony.
A BILL to amend and reenact § 18.2-186.3 of the Code of Virginia, relating to identity theft; penalties.069821726
Impact Statements
Patron: Norment
Fees for clerks, sheriffs, etc. Provides that clerks, sheriffs and other officers may not receive payment out of the state treasury for services rendered in cases of political subdivisions or municipal corporations of the Commonwealth. This prohibition currently applies to cases of the Commonwealth.
A BILL to amend and reenact § 17.1-266 of the Code of Virginia, relating to fees for clerks and sheriffs, etc.061200780
Patron: Norment
Criminal street gang; definitions; penalty. Expands the definition of predicate criminal act under crimes by gangs to include threats to bomb (§ 18.2-83), grand larceny (§ 18.2-95), receiving stolen property (§ 18.2-109), and receiving money for procuring person for prostitution (§ 18.2-356).
A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to criminal street gang; definitions; penalty.069823780
Impact Statements
Patron: Devolites Davis
Human Anti-Trafficking Act. Creates the Human Anti-Trafficking Act and punishes trafficking in humans for forced labor as a Class 5 felony and trafficking in minors for sexual activity as a Class 4 felony. The measure also provides for civil remedies for the victims.
A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 18.2 an article numbered 10, consisting of sections numbered 18.2-76.3 through 18.2-76.6, creating the Human Anti-Trafficking Act; penalties.066571726
Impact Statements
Patron: Stolle
Destruction of human biological evidence; penalty. Makes it a Class 6 felony for a clerk of court or other public officer to intentionally destroy human biological evidence.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-471.1, relating to destruction of human biological evidence; penalty.061314820
Impact Statements
Patron: Stolle
Punishment for distributing, manufacturing, etc., drugs; penalty. Imposes a three-year mandatory term of imprisonment upon a second conviction of any Schedule I or II drug sale or distribution. Imposes a five-year mandatory minimum term of imprisonment for 100 grams of heroin, 500 grams of cocaine, 250 grams of cocaine base, 1,000 grams of marijuana, or 10 grams of methamphetamine. The mandatory minimum is not applicable if the person has no prior record, did not use violence, was not the leader of the drug operation, and cooperates fully with the prosecution. Any second offense involving 200 grams or more of methamphetamine is punished by a three-year mandatory minimum term of imprisonment, and a third offense is punished by a five-year mandatory minimum term. Imposes a 10-year mandatory term for engaging someone younger than 18 in the sale of marijuana in an amount of more than one ounce.
A BILL to amend and reenact §§ 18.2-248, 18.2-248.1, and 18.2-255 of the Code of Virginia, relating to punishment for distributing, manufacturing, etc., drugs; penalty.069824820
Impact Statements
Patron: Stolle
Commonwealth Transportation Safety Fund; court-ordered payments for certain offenses related to the operation of motor vehicles. Establishes the Commonwealth Transportation Safety Fund, to be used to fund capital projects and operations necessary to improve the safety of the Commonwealth's roads, and to provide for increased law-enforcement on Virginia's interstates and roads through the Highway Safety Corridor Program. Upon conviction of certain dangerous driving offenses and traffic infractions for which the Department of Motor Vehicles assigns 6 demerit points, a court shall order the offender to make a payment into the Fund. The court shall collect the payments on behalf of the Commonwealth, and remit the payments to the Fund.
A BILL to amend the Code of Virginia by adding a section numbered 33.1-221.1:9, relating to the Commonwealth Transportation Safety Fund; court-ordered payments for certain offenses related to the operation of motor vehicles.061647820
Patron: Stolle
Campus safety. Requires the Department of Criminal Justice Services to develop training standards for campus security officers and to provide technical support and assistance to campus police departments and campus security departments. The bill has an effective date of July 1, 2007.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; duties related to campus security and police officers.061226134
Patron: Stolle
Presentence investigations and reports. Clarifies that presentence reports are required in certain cases, such as sex offenses. Adds to the sex offenses abduction with intent to defile or to prostitute a child under 16 or assisting in such abductions, and attempted aggravated sexual battery.
A BILL to amend and reenact § 19.2-299 of the Code of Virginia, relating to presentence investigations and reports.066526156
Patron: McDougle
Penalty for possession of controlled substances. Provides that any person who is convicted of a felony violation of possession of a controlled substance shall be punished by a mandatory minimum term of confinement of 45 days and shall be ordered by the court to undergo drug education and rehabilitation during his term of confinement.
A BILL to amend and reenact § 18.2-250 of the Code of Virginia, relating to penalty for possession of controlled substances.060016408
Impact Statements
Patron: McDougle
Presumption of no bail for person charged with certain sex offenses. Provides that a person charged with certain sex offenses (carnal knowledge of children, aggravated sexual battery, fornication with one's child or grandchild, indecent liberties with a child) is rebuttably presumed ineligible for bail. Currently such a person is presumed ineligible when he is charged with a second such offense.
A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to presumption of no bail when charged with certain sex offenses.064426408
Patron: Puckett
Therapeutic incarceration; creation of incarceration program for defendants who are substance abusers. Creates a Therapeutic Incarceration Program to which the court can confine a defendant sentenced for three or more years who needs substance abuse treatment. The program will be at least 18 months in duration, and upon successful completion of the program the court shall order supervised probation. The bill provides for withdrawal from and re-entry into the program. The Department of Corrections is required to evaluate the program after one year of operation.
A BILL to amend the Code of Virginia by adding in Chapter 18 of Title 19.2 an article numbered 6, consisting of section number 19.2-316.4, relating to the creation of a therapeutic incarceration program.063797792
Patron: Deeds
Restitution. Provides for the Commonwealth to be responsible for seeking restitution for the victim. The bill creates a system under which the clerk of court is responsible for collecting, tracking, and distributing restitution payments. This responsibility can also be designated to local bonding agencies as desired. Additionally, the bill states that any collection fees for delinquent restitution payments are to be paid by the defendant. Any restitution installment plan payments more than 90 days in default are to be voided and sent to collection; however, the defendant does retain the option of entering into a new payment plan.
A BILL to amend and reenact §§ 19.2-305.1, 19.2-305.2, 19.2-305.4, 19.2-349, 19.2-353.3, 19.2-354, and 19.2-358 of the Code of Virginia, relating to restitution for property damage or loss.063858724
Patron: Martin
Department of Criminal Justice Services; use of private security business fees. Clarifies that the licensing, certification, and registration fees charged by the Department of Criminal Justice services to private security services businesses may only be used for the purposes set forth in Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia.
A BILL to amend and reenact § 9.1-142 of the Code of Virginia, relating to the Department of Criminal Justice Services; use of private security business fees.067094760
Impact Statements
Patron: Locke
Conveyance of certain real property to a nonmunicipal entity; City of Hampton. Provides that the conveyance of a portion of the Carousel Site to a nonmunicipal entity does not constitute a violation of the restrictions established by the Virginia Outdoors Fund Grant Program so long as the purpose of such conveyance is to enhance the public recreational facilities currently on the Carousel Site.
A BILL to allow the conveyance of certain real property in Hampton to a nonmunicipal entity containing deed restrictions, relating to outdoor recreation parks and facilities.063874750
Patron: Edwards
Courthouse security fee. Increases the fee assessed for costs in criminal and traffic cases to $10. Additionally, the bill states that the assessment shall be used solely for the funding of courthouse security personnel, equipment, and other personal property used in connection with courthouse security.
A BILL to amend and reenact § 53.1-120 of the Code of Virginia, relating to the courthouse security fee.064618728
Patron: Quayle
Line of Duty Act. Creates the Line of Duty Disability Fund and funds it by imposing an additional $50 cost for certain traffic violations. The Fund is to be used to pay the costs of continued health benefits coverage provided to employees and their families under the Line of Duty Act (the Act). The bill also provides that any local employee who meets the definition of a deceased or disabled person under the Act who was disabled on or after January 1, 1972, not otherwise already receiving the continued health insurance coverage benefit under this section, shall be entitled to the continued health insurance coverage benefit beginning July 1, 2006.
A BILL to amend and reenact §§ 9.1-401 and 15.2-1716 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 9.1-401.1, relating to Line of Duty benefits and funding.068213800
Patron: Puller
Forensic evaluations. Provides for an increase in the fee cap received by mental health experts who have been appointed by the court to render professional service from $400 to $750.
A BILL to amend and reenact § 19.2-175 of the Code of Virginia, relating to the compensation cap for experts appointed by the court.064615160
Patron: Lucas
Drug treatment courts. Eliminates the requirement for General Assembly approval when establishing drug treatment courts in localities of the Commonwealth.
A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to the establishment of drug treatment courts.068222752
Patron: Cuccinelli
Overtime compensation for state law-enforcement employees. Clarifies that the current overtime compensation provisions for law-enforcement employees applies to state law-enforcement employees.
A BILL to amend and reenact § 9.1-700 of the Code of Virginia, relating to overtime compensation for state law-enforcement employees.065343720