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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: February 22, 2006
Time and Place: Wednesday, 1/2 Hour after adjournment, Senate Room A, GAB
Revised added HB 940
Patron: Callahan
Courts Technology Fund; creation. Creates a special non-reverting fund to be administered by the Supreme Court of Virginia funded by (i) a $5 increase from July 1, 2006 through December 31, 2006 in clerks' fees for civil case filings in the district and circuit courts and a $10 increase thereafter, (ii) doubling the filing fee in the Court of Appeals and the Supreme Court to $50, and (iii) a $14 increase in the Supreme Court fee for a law license certificate and a certificate of qualification. Money in the Fund is to be allocated at the direction of the Supreme Court of Virginia to staff, advance, update, maintain, replace, repair and support the telecommunications and technology systems of the judicial system. Revenues raised in support of the Fund shall not be used to supplant current funding to the judicial branch.
A BILL to amend and reenact §§ 16.1-69.48:2, 17.1-275, 17.1-328, 17.1-329, and 17.1-418 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 1 of Title 17.1 a section numbered 17.1-132, relating to the creation of the Courts Technology Fund.066522160
Impact Statements
Patron: Cosgrove
Third offense driving on a suspended license; penalty. Makes the third or subsequent offense of driving on a suspended license, suspended for a DUI offense, within a 10-year period a Class 6 felony. It is currently a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-272 of the Code of Virginia, relating to third offense of driving while license, permit, or privilege to drive suspended or revoked; penalty.061405276
Impact Statements
Patron: Putney
Criminal procedure; compensation of court-appointed counsel. Authorizes the court, in cases where court-appointed counsel represents a defendant on a felony charge that may be punishable for a period of more than 20 years, to provide additional compensation of up to $850 for such counsel when the time and effort expended, the result obtained, the novelty and difficulty of the issues, or other circumstances warrant such additional compensation.
A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.062423476
Patron: Hamilton
Transfer of real property held by the Virginia School for the Deaf, Blind, and Multi-Disabled in Hampton. Authorizes the Governor to convey all real property, including all buildings and facilities located thereon, held in the name of the board of visitors of the Virginia School for the Deaf, Blind, and Multi-Disabled in Hampton to the New Horizons Regional Education Center, contingent on the two entities agree on a facilities and land use plan.
A BILL to authorize the Governor to convey the real property held in the name of the board of visitors of the Virginia School for the Deaf, Blind, and Multi-Disabled at Hampton to the New Horizons Regional Education Center.060316316
Patron: Carrico
Hearing for involuntary commitment of a minor; admissibility of state recommendations. States that state mental health facility recommendations are admissible during an involuntary commitment hearing of a minor. Also strikes language "or resides" throughout the statutes.
A BILL to amend and reenact §§ 16.1-340 and 16.1-341 of the Code of Virginia, relating to admissibility of state mental health facility recommendations during an involuntary commitment hearing for a minor.067849264
Patron: Nutter
Arson; penalty. Elevates the arson of an unoccupied church to a Class 3 felony from a Class 4 felony.
A BILL to amend and reenact § 18.2-77 of the Code of Virginia, relating to arson of an unoccupied school or church; penalty.060036436
Impact Statements
Patron: Oder
Criminal procedure; dissemination of criminal history record information. Provides for the dissemination of criminal history record information to shipyards for the purpose of screening potential employees and other personnel seeking access to shipyard facilities.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to the dissemination of criminal history record information to shipyards.063307444
Impact Statements
Patron: Watts
Crimes; brandishing a machete; penalty. Makes it illegal to brandish a machete with intent to intimidate, 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.061366544
Impact Statements
Patron: Amundson
Bad checks; child support; penalties. Specifies that writing a bad check for child or spousal support is a Class 1 misdemeanor.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-181.2, relating to issuing bad check for payment of child or spousal support; penalty .062462212
Impact Statements
Patron: Phillips
Felonies by prisoners; tampering, etc., with fire protection systems; penalty. Makes it a Class 6 felony for a prisoner in a state, local, or community correctional facility to willfully tamper with, damage, destroy, or disable any fire protection or fire suppression system, equipment, or sprinklers.
A BILL to amend and reenact § 53.1-203 of the Code of Virginia, relating to felonies by prisoners; tampering, etc., with fire protection systems; penalty.064200460
Impact Statements
Patron: Marsden
Exceptions to confidentiality. Provides that gang-related information pertaining to a juvenile can be released to a law-enforcement agency as long as the juvenile in question is suspected to be a member of a criminal street gang and the law-enforcement agency requesting such information is investigating criminal street gang activity.
A BILL to amend and reenact § 16.1-309.1 of the Code of Virginia, relating to exceptions to confidentiality.062894390
Patron: McQuigg
Crimes; criminal street gangs; penalty. Adds to the list of crimes defined as "predicate criminal act" § 18.2-308, carrying a concealed weapon.
A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to street gangs; predicate criminal act; penalty.062464412
Impact Statements
Patron: BaCote
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.064606222
Impact Statements
Patron: Albo
Criminal street gang; definitions; penalty. Expands the definition of predicate criminal act under crimes by gangs to include threats to bomb (§ 18.2-83), 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.060031204
Impact Statements
Patron: Albo
Indigent Defense Commission. Requires the Commission to adopt rules and procedures for the conduct of its business and to ensure that the executive director complies with all Commission and statutory directives.
A BILL to amend and reenact §§ 19.2-163.01 and 19.2-163.02 of the Code of Virginia, relating to the Indigent Defense Commission; powers and duties.061215134
Patron: Albo
Gang information; juvenile records. Requires the Departments of Corrections and Juvenile Justice to collect information on individuals identified as gang members and transmit it to the Commonwealth's Attorneys' Services Council. The Council will disseminate the information to attorneys for the Commonwealth. An attorney for the Commonwealth may request an affidavit signed by the custodian of the records that a person on the list has been identified as a member of a criminal gang and the affidavit can be admitted into evidence in any court proceeding as prima facie evidence of the individual's gang membership. The bill also specifies that law-enforcement agencies, school administrations and probation offices are included as entities that may examine certain juvenile records held by the Department of Juvenile Justice if there is a court order determining that they have a legitimate interest. The bill also says that the court order may be granted if the person, agency, or institution has a legitimate interest in the juvenile. Under current law the interest is limited to the case or in the work of the court.
A BILL to amend and reenact §§ 2.2-2618, 16.1-300, 53.1-10, and 66-3.2 of the Code of Virginia, relating to criminal gang information.062475204
Impact Statements
Patron: Morgan
Conveyance of property. Authorizes the Virginia Marine Resources Commission to convey to a private party fee simple title to approximately 1.2 acres, more or less, in the Rappahannock River.
A BILL authorizing the Marine Resources Commission to convey certain lands in and over the Rappahannock River.067256428
Patron: Hurt
Offenses relating to registration and certificates of title; penalty. Raises the penalty, from a traffic infraction to a Class 1 misdemeanor, for using a false name or address in any application for the registration of any vehicle, for a certificate of title, or for any renewal or duplicate certificate, or knowingly making a false statement of material fact or concealing a material fact or committing a fraud in any registration application.
A BILL to amend and reenact § 46.2-613 of the Code of Virginia, relating to offenses involving registration and certificates of title; penalty.063715340
Impact Statements
Patron: Hurt
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 legal presence in the United States or 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.067976105
Impact Statements
Patron: Hurt
Sexually explicit material on the Internet; penalty. Makes aiding and abetting payment for access to sexually explicit material over the Internet involving persons under the age of 18 a Class 4 felony.
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 8 of Title 18.2 a section numbered 18.2-374.1:2, relating to sexually explicit items involving children; penalty.061382340
Impact Statements
Patron: Hurt
Assault and battery. Elevates an assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim is a justice or judge of any Virginia court, a clerk of court, or a magistrate if the official was engaged in his public duties. Under current law the enhanced penalty applies to law-enforcement officers, correctional officers and firefighters and lifesaving, rescue and emergency medical squad members who are engaged in the performance of their public duties as such.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault on a judge, clerk of court or magistrate; penalty.061194160
Impact Statements
Patron: Hurt
Capital murder. Provides that the willful, deliberate, and premeditated killing of a justice or judge of any Virginia court, when such killing is for the purpose of interfering with the performance of the judge's official duties or because of the judge's official duties, is capital murder.
A BILL to amend and reenact § 18.2-31 of the Code of Virginia, relating to capital murder of a justice or judge of any Virginia court; penalty.063028160
Impact Statements
Patron: Hurt
Field test for marijuana evidence at trial. Provides that in any trial for marijuana possession, any law-enforcement officer shall be permitted to testify as to the results of any field test approved by the Department of Forensic Science, regarding whether or not any plant material, the identity of which is at issue, is marijuana. The bill also provides an opportunity for defense counsel to require full laboratory analysis.
A BILL to amend and reenact § 19.2-188.1 of the Code of Virginia, relating to field test for marijuana used as evidence at trial.061415340
Patron: Hurt
Child pornography; possession; penalty. Adds to the possession of child pornography statute a statement that the trier of fact may infer that a person who is depicted as or presents the appearance of being younger than 18 years of age in sexually explicit visual material is younger than 18 years of age. This provision is in the possession of child pornography with intent to distribute statute.
A BILL to amend and reenact § 18.2-374.1:1 of the Code of Virginia, relating to possession of child pornography; penalty.062472340
Impact Statements
Patron: Kilgore
Causing the death of another while engaging in a vehicle race; penalty. Provides that if a participant of a vehicle race causes the death of a nonparticipant during the vehicle race, the participant is guilty of aggravated involuntary manslaughter.
A BILL to amend and reenact § 46.2-865.1 of the Code of Virginia, relating to causing the death of another while engaging in a race; penalty.064336372
Impact Statements
Patron: Reid
Penalties for possession and manufacture of false identification; penalties. Increases and makes uniform the penalties for possessing and manufacturing false birth certificates and other forms of identification. Possession of a false birth certificate establishing a false status, occupation, or identity is raised from a Class 1 misdemeanor to a Class 6 felony. Use of a false birth certificate to buy a firearm or procure employment is raised to a Class 5 felony in this bill. Use of any other false document to buy a gun or get a job is a Class 6 felony. Under current law, it is a Class 2 misdemeanor to possess a false driver's license. This bill raises the penalty to a Class 1 misdemeanor for possession, manufacture or sale of a false driver's license.
A BILL to amend and reenact §§ 18.2-204.1 and 18.2-204.2 of the Code of Virginia, relating to fraudulent use of birth certificate, etc., penalties.061383488
Impact Statements
Patron: Cline
Identity theft; penalties. Increases the penalty for an identity theft violation from a Class 1 misdemeanor to Class 6 felony when identifying information of five or more persons is illegally accessed.
A BILL to amend and reenact § 18.2-186.3 of the Code of Virginia, relating to identity theft; penalties.062463268
Impact Statements
Patron: Carrico
Driving under the influence of drugs. Provides that a person who drives with 0.003 milligrams of tetrahydrocannabinol per liter of his blood is driving under the influence of drugs.
A BILL to amend and reenact §§ 18.2-266, 18.2-269, 29.1-738, 46.2-341.24, and 46.2-341.27 of the Code of Virginia, relating to driving under the influence of drugs.064424308
Impact Statements
Patron: Moran
Public defenders; compensation. Allows any county or city, in its discretion, to supplement the compensation of the public defender or any of his deputies or employees above the salary fixed by the executive director of the Commission.
A BILL to amend and reenact § 19.2-163.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-163.01:1, relating to compensation of public defenders; local supplement.064341424
Patron: Melvin
Designation of district and circuit judges. Allows the Chief Justice to designate an active or retired judge to provide judicial assistance to another district or circuit if, in his opinion, the administration of justice so requires. Current law allows such designations only due to congestion in the court's work.
A BILL to amend and reenact §§ 16.1-69.35 and 17.1-105 of the Code of Virginia, relating to the designation for administration of justice by the chief judge.061121160
Patron: Melvin
Emergency sessions of the Supreme Court of Virginia. Allows the Supreme Court during a state of emergency to convene at such time, in such location, and for such purposes as is necessary for the efficient and effective administration of justice and, in such circumstances, allows the justices to preside through the use of technology in order to satisfy the quorum requirement.
A BILL to amend and reenact § 17.1-304 of the Code of Virginia, relating to emergency sessions of the Supreme Court.061123160
Patron: Morgan
Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than ten years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.
A BILL to amend and reenact §§ 18.2-251 and 19.2-392.2 of the Code of Virginia, relating to expungement of deferred and dismissed marijuana charges.065606428
Patron: Morgan
Notice of release of acquittee. Provides that the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall give notice of the granting of an unescorted community visit to any victim of a felony offense against the person punishable by more than five years in prison that resulted in the charges on which a person was acquitted because of mental illness, or to the next-of-kin of the victim at the last known address, provided the person seeking notice submits a written request for such notice to the Commissioner.
A BILL to amend and reenact § 19.2-182.4 of the Code of Virginia, relating to notice of temporary visit release from commitment of those acquitted because of mental illness.062891428
Impact Statements
Patron: Bell
Crimes; conviction of third offense peeping; penalty. Makes it a Class 6 felony for a third or subsequent conviction for an offense under the peeping or spying section. The bill also requires that any person convicted within 10 years of three or more designated misdemeanors shall register under the Sex Offender and Crimes Against Minors Registry.
A BILL to amend and reenact §§ 9.1-902 and 18.2-67.5:1 of the Code of Virginia, relating to conviction of a third offense of peeping; penalty.061269232
Impact Statements
Patron: Bell
Punishment for distributing, manufacturing, etc., drugs; penalty. Imposes a five-year mandatory term of imprisonment for a third or subsequent conviction of any Schedule I or II drug sale or distribution. The bill also imposes a five-year mandatory minimum term of imprisonment for manufacturing, selling, giving, distributing or possessing with intent to manufacture 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. The bill also imposes a five-year mandatory minimum term of imprisonment for a third or subsequent felony offense for the sale, gift, distribution or possession with intent to sell, give or distribute marijuana.
A BILL to amend and reenact §§ 18.2-248 and 18.2-248.1 of the Code of Virginia, relating to punishment for distributing, manufacturing, etc., drugs; penalty.061411232
Impact Statements
Patron: Bell
Constitutional challenges. Provides that the district court shall remove a case to circuit court if the defendant moves for dismissal on the basis that the statute is unconstitutional. The bill also allows a pretrial appeal by the Commonwealth if the circuit court dismisses a criminal warrant, information or indictment or charge on the ground that a statute is unconstitutional.
A BILL to amend and reenact § 19.2-398 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-131.1, relating to constitutional challenges.062473232
Patron: Johnson
Criminal procedure; collection of unpaid fines and costs by local treasurers. Authorizes a local treasurer pursuant to an agreement with the attorney for the Commonwealth and subject to existing law regarding collection of delinquent taxes and other charges, to collect administrative costs and fees normally collected when collecting unpaid fines and court costs.
A BILL to amend and reenact § 19.2-349 of the Code of Virginia, relating to the collection of unpaid fines and costs by local treasurers.063750356
Patron: Jones, S.C.
Substitute and retired judges' per diem. Increases the per diem for substitute and retired judges and retired members of the State Corporation Commission and the Virginia Workers' Compensation Commission from $200 to $250 when such judges or members sit as substitutes or under recall, and $100 to $125, for judges who sit for half days or less.
A BILL to amend and reenact §§ 16.1-69.44 and 17.1-327 of the Code of Virginia, relating to substitute and retired judges' per diem.066703160
Patron: Melvin
Conveyance of subaqueous lands. Authorizes the Governor to convey approximately 2.437 acres of subaqueous lands in the Elizabeth River in Norfolk to Moon of Norfolk, L.L.C.
A BILL to authorize the Governor to convey any interest in subaqueous lands in the Elizabeth River in Norfolk to Moon of Norfolk, LLC.067279416
Patron: Dudley
Tampering with a waterworks; penalty. Creates the crime of tampering with a waterworks. The bill states that any person who tampers with a waterworks is guilty of a Class 3 felony or who unlawfully does so is guilty of a Class 6 felony.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-46.7:01, relating to tampering with waterworks; penalty.061395298
Impact Statements