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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 27, 2006
Time and Place: Monday, 8:00 AM, Senate Room A, GAB
Patron: Fralin
Notice to crime victims of court hearings. Provides that victims shall be notified of the release of an accused on bail from a jail or Department of Corrections.
A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to crime victims' rights to notice of court proceedings.061137302
Impact Statements
Patron: Albo
DUI punishment. Clarifies that additional punishment for two offenses of DUI is applicable to any second offense occurring within five years after any prior offense, rather than a second offense occurring within five years after a first offense.
A BILL to amend and reenact § 18.2-270 of the Code of Virginia, relating to the penalty for subsequent offense of driving while intoxicated.061403204
Patron: Fralin
Mandatory reporting of child abuse and neglect by eligibility workers. Requires any person employed by a local department of social services who determines eligibility for public assistance and FAMIS to report suspected child abuse or neglect to the local department or the Department of Social Services' toll-free child abuse and neglect hotline.
A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to mandatory reporting of child abuse and neglect by eligibility workers; civil penalty.062482302
Impact Statements
Patron: Kilgore
Compensation of court-appointed counsel. Requires court-appointed counsel to make a written request within 30 days of trial for payment of his fees. This is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.063012160
Patron: Lingamfelter
False claims of independent contractor status; penalty. Makes it unlawful for a person to knowingly coerce, induce, assist, or threaten an individual to falsely declare himself to be an independent contractor, or falsely to claim that an individual employed by him is an independent contractor, in order to evade or avoid the withholding or payment of individual income tax. A violation is a Class 1 misdemeanor and violators are subject to a fine of not more than $10,000 or the tax that otherwise would have been due, whichever is greater.
A BILL to amend the Code of Virginia by adding a section numbered 58.1-485.1, relating to false claims of independent contractor status; individual income taxation; penalty.062624380
Impact Statements
Patron: Albo
Passenger rail service liability. Authorizes any agency or political subdivision of the Commonwealth that provides public rail transportation services to contract with a railroad company to allocate financial responsibility for claims related to passenger rail services. The measure limits the aggregate liability of the agency or political subdivision and the railroad company for claims arising from a single accident or incident related to passenger rail services to $250 million per incident or accident. Provides for an adjustment to the cap for inflation starting in 2011, and removes willful and wanton conduct from the cap.
A BILL to amend the Code of Virginia by adding a section numbered 56-446.1, relating to limitations on passenger rail transportation liability.061417204
Impact Statements
Patron: Carrico
Unlawful assembly at solemn ceremonies; penalty. Punishes the disruption of a funeral or memorial service as disorderly conduct, a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-415 of the Code of Virginia, relating to demonstrations at solemn ceremonies; penalty.061412264
Impact Statements
Patron: Griffith
Evidence of motor vehicle value. Provides that any vehicle valuation service may be used as evidence of a vehicle's value and not just the National Automobile Dealers' Association "black" or "yellow" book.
A BILL to amend and reenact § 8.01-419.1 of the Code of Virginia, relating to evidence of motor vehicle value.060784308
Patron: Armstrong
Jury trial of right; who deemed parties. Clarifies that only named plaintiffs, defendants, and third-party defendants are to be deemed parties under this statute.
A BILL to amend and reenact § 8.01-336 of the Code of Virginia, relating to jury trials and waiver of jury trial right.064227216
Patron: O'Bannon
Profits from crime. Provides that profits from crime are subject to a special order of escrow, with the profits going to the victim. If there is money remaining after a judgment in favor of the victim is paid, or if there is no judgment in favor of a victim, 25% of the defendant's legal fees paid by the Commonwealth may be reimbursed to the Commonwealth and the defendant's fines and costs may be paid. Any money remaining will be paid into the Literary Fund. Because Article VIII, Section 8 of the Virginia Constitution requires forfeited assets, other than those involved in the distribution of illegal drugs, to be deposited into the Literary Fund, under current law the money cannot be paid into the Criminal Injuries Compensation Fund.
A BILL to amend and reenact §§ 19.2-368.5, 19.2-368.20, and 19.2-368.21 of the Code of Virginia, relating to profits from crime; special order of escrow.061102440
Patron: Phillips
Mandatory dispute resolution orientation session. Requires, in a condemnation proceeding, that the parties must attend a dispute resolution orientation session.
A BILL to amend the Code of Virginia by adding a section numbered 25.1-205.1, relating to mandatory dispute resolution in condemnation cases.064195460
Patron: Welch
Self defense and defense of others. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.064125552
Patron: Albo
Sex crimes; penalties. Requires a mandatory minimum term of confinement of 25 years for the following offenses where the offender is more than three years older than the victim and the crime is committed at the same time as or after the commission of an abduction, burglary, or aggravated malicious wounding: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended (subject to revocation) for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy, or object sexual penetration involving a child under 13 years of age by an offender more than three years older than the victim, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension. The bill also provides that any person convicted of rape, forcible sodomy or object penetration of a child under 13 shall be prohibited from working on the property of a school or day care center, subject to a Class 6 felony penalty.
A BILL to amend and reenact §§ 18.2-48, 18.2-61, 18.2-67.1, 18.2-67.2, and 19.2-303 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 18.2-370.3, relating to sentences for certain sex crimes; penalties.061385204
Impact Statements
Patron: Kilgore
Prisoner civil litigation; subpoenas; summary judgment; access to records. Requires that any subpoena for witnesses or documents be specifically authorized by a judge of the court in which the case is filed. The bill requires the court to exercise its discretion in determining the scope of the subpoena and allows the court to condition the subpoena on such terms as the court finds appropriate considering the burden placed on the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. The bill also provides that a summary judgment motion may be made by any party after the commencement of a pro se civil action by a prisoner. The bill allows access to all records maintained by the Department of Corrections in the name of individual prisoners to counsel for the Commonwealth, an agency of the Commonwealth, a Commonwealth employee, or a private contractor providing services to the Department of Corrections in a pro se civil action brought by prisoner.
A BILL to amend and reenact § 8.01-695 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 27 of Title 8.01 sections numbered 8.01-696 and 8.01-697, relating to prisoner civil litigation; subpoenas; summary judgment; access to records.062858372
Patron: Kilgore
Civil remedies; immunity from lead-based paint poisoning. Defines "lead-based paint maintenance" under the immunity from liability statute for lead-based paint poisoning. The change gives immunity to the owner or agent of residential property if the owner or agent who is responsible for lead-based paint maintenance contracts with a licensed lead contractor to maintain the property in compliance with the lead-based paint hazard standards that are within the Property Maintenance Code of the Uniform Statewide Building Code. Prior to the case in chief, the bill allows a hearing on responsive pleadings that assert such immunity.
A BILL to amend and reenact § 8.01-226.7 of the Code of Virginia, relating to immunity from liability for lead-based paint maintenance.062882372
Impact Statements
Patron: Sherwood
Sex Offender and Crimes Against Minors Registry; penalties. Makes numerous changes to Registry provisions. First offense child pornography possession and burglary with the intent to commit certain felony sex offenses will be new Registry offenses if committed after July 1, 2006. The sex offender website will include persons convicted of all registerable sex offenses committed after July 1, 2006, not just persons convicted of violent sex offenses as under current law. The bill modifies the registration of a person convicted of murdering a child; registration will be required if the victim is under 15 years of age and if the minor victim is 15 or older and the murder is related to a registerable offense. Persons convicted in a foreign country will be required to register. Sex offenders will have three days to register or reregister after an address change rather than 10 and have to reregister for any employment change. Sex offenders moving into the Commonwealth will have three days to register instead of 10, as will nonresident visitors, workers and college students who are subject to registration requirements.
The State Police will be required to physically verify or cause to be physically verified registration information within the first 30 days of the initial registration or change of address and semi-annually each year thereafter.
Persons who have to register for murder of a minor will be required to reregister every 90 days, the same as a violent sex offender. In addition, when a sex offender is convicted of failing to register, he will be required to reregister more frequently (violent sex offenders monthly instead of every 90 days and sex offenders 180 days instead of 12 months). The duration of registration for sex offenders who have been convicted of failing to register is extended as they will no longer be permitted to get off of the registry in 10 years from the date of registration, but instead the requirement will be 10 years from the date of their last conviction for failing to register. In addition, murder of a minor will require lifetime registration.
Sex offenders convicted of failing to register will no longer be permitted to petition for relief for three years from the date of registration, but can petition five years from the date of their last conviction for failure to register.
The bill makes a second or subsequent conviction for failing to register as a sex offender a Class 6 felony and requires GPS monitoring and makes a second or subsequent conviction of failing to register as a violent sex offender or murderer a Class 5 felony and requires mandatory GPS monitoring.
Procedures to be used by correctional institutions and juvenile facilities to obtain registration information from sex offenders under their custody are made more comprehensive, and faster timelines for transmission of information to the State Police are added. An offender will be required to submit to having a DNA sample taken (if not already taken) and to being photographed by a law-enforcement agency every two years.
Failure to register is added to the offenses for which conviction bars loitering within 100 feet of a school. Persons convicted of such offenses after July 1, 2006, will also be prohibited from loitering within 100 feet of a child day program. Persons convicted of certain sex offenses will be prohibited from working or volunteering on the grounds of a school or day care center and will be prohibited from residing within 500 feet of a school or day care center.
Local school boards are required to ensure that schools within the division are registered to receive electronic notice of sex offenders within that school division and to develop and implement policies to provide information to parents regarding registration of sex offenders and the availability of information on the Registry. The Virginia Council for Private Education is required to provide the State Police with the location of and e-mail address for every accredited private school in the Commonwealth. Public and private two- and four-year institutions of higher education are required to electronically transmit enrollment information to the State Police for comparison with the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry. The Department of Motor Vehicles is required to electronically transmit application information and change of address information for the same purpose. The bill makes it a Class 4 felony to provide false information to obtain a driver's license with the intent to use it as proof of residency for sex offender registration purposes.
The bill also exempts the provisions of the Registry from the Freedom of Information Act and the Government Data Collection and Dissemination Practice Act and the Virginia Information Technologies Agency. The Department of Criminal Justice Services is required to advise and initiate training standards for criminal justice agencies and state, local and regional employees who work with the Registry.
This bill incorporates House Bills 205, 247, 271, 561, 799, 985, 988, 991, 993, 1012, 1015, and 1264.
A BILL to amend and reenact §§ 2.2-3706, 2.2-3802, 9.1-102, 9.1-902 through 9.1-910, 9.1-913, 9.1-914, 9.1-918, 18.2-370.2, 18.2-472.1, 19.2-390.1, 22.1-79, 22.1-79.3, 46.2-323, 46.2-324, 46.2-330, 46.2-345, 46.2-348, 53.1-115.1, 53.1-116.1, 53.1-121, and 53.1-160.1 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 9 of Title 9.1 a section numbered 9.1-921, and by adding sections numbered 16.1-249.1, 16.1-278.7:01, 16.1-278.7:02, 18.2-370.3, 18.2-370.4, 19.2-295.2:1 23-2.2:1, 53.1-23.2, and 53.1-116.1:01, relating to the Sex Offender and Crimes Against Minors Registry; sex crimes; penalties.063959504
Impact Statements
Patron: Sherwood
Civil immunity; victim notification program. Provides that the Virginia Sheriffs' Association and the Virginia Community Policing Institute, and the directors, managers, members, officers and employees of such entities are immune from civil liability for their acts or omissions relating to the establishment and operation of an automated victim notification system unless such act or omission was the result of gross negligence or willful misconduct.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.11, relating to civil immunity for operation of victim notification program.061316820
Patron: Hurt
Intake; alcohol-related offenses; juveniles. Clarifies the juvenile intake process where it is unnecessary to file a petition for certain alcohol-related offenses to make it consistent with implied consent statutes (specifically: maiming, etc., of another resulting from driving while intoxicated; persons under 21 driving after illegally consuming alcohol; and driving after forfeiture of license). This is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-260 of the Code of Virginia, relating to intake; alcohol-related offenses; juveniles.063010160
Patron: Griffith
Civil commitment of sexually violent predators. Adds to the list of offenses that qualify as sexually violent offenses: abduction with intent to defile, abduction of a child under 16 years of age for the purpose of prostitution, carnal knowledge of a child between 13 and 15 years of age, and carnal knowledge of minors in custody of the court or state. The requirement that the complaining witness be under 13 years of age for aggravated sexual battery to qualify is removed. A felony conviction for conspiracy to commit or attempt to commit any of the qualified offenses is added as a qualifying offense. Incompetent defendants will be reviewed by the Commitment Review Committee. The bill provides that the Static-99 will be used to identify prisoners who will be forwarded to the Commitment Review Committee (CRC) for assessment and that if the Director of the Department of Corrections and the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services agree that no specific scientifically validated instrument exists to measure the risk assessment of a prisoner, the prisoner may be evaluated by a psychiatrist or psychologist to determine if he should be forwarded to the CRC. A person on conditional release will be subject to mandatory GPS monitoring. The bill also adds abduction with intent to extort money or for immoral purposes to the felonies for which a presentence report is required. The provisions regarding qualifying offenses will be effective January 1, 2007, the remainder of the bill will be effective July 1, 2006.
A BILL to amend and reenact §§ 19.2-169.3, 19.2-299, 37.2-900, 37.2-903, 37.2-904, 37.2-905, 37.2-906, 37.2-908, 37.2-910, and 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators.061222134
Impact Statements
Patron: Kilgore
Sale of pseudoephedrine by pharmacist; limits on purchase of pseudoephedrine; penalty. Provides that only a licensed pharmacist shall dispense, sell, or distribute any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, and that any person who acquires it shall produce a valid government-issued photo identification showing the date of birth of the person. The bill also provides that no person shall acquire more than nine grams of pseudoephedrine within any 30-day period. The penalty for violation of these provisions is a Class 1 misdemeanor.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.8, relating to regulation of sale of methamphetamine precursors; penalty.062481372
Impact Statements
Patron: Watts
Sex offenders near children; penalties. Prohibits those convicted of sexually violent offenses against minors from residing with minors to whom they are not related. The offense would be a Class 6 felony with six months mandatory minimum confinement and one year of home electronic monitoring upon release. The bill also provides that the parent or guardian of a child under the age of 18 who allows the child to reside in the same dwelling as a person who was convicted of a sexually violent offense against a minor is guilty of child abuse and neglect.
A BILL to amend and reenact §§ 9.1-909 and 16.1-228 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-370.02, relating to restrictions on registered sex offenders' proximity to children; penalties.061384544
Impact Statements
Patron: Scott, J.M.
Theft of utility service; liability; penalty. Provides that a person who tampers with a utility meter or diverts utility service without the payment to the utility company shall be liable to the company in an amount equal to the value of the services unlawfully used.
A BILL to amend and reenact § 18.2-163 of the Code of Virginia, relating to diverting utility service; penalties.062666500
Patron: Griffith
Civil commitment of sexually violent predators. Adds to the list of offenses that qualify as sexually violent offenses: abduction with intent to defile, abduction of a child under 16 years of age for the purpose of prostitution, carnal knowledge of a child between 13 and 15 years of age, carnal knowledge of minors in custody of the court or state, crimes against nature, indecent liberties, indecent liberties with children and indecent liberties with child by person in custodial or supervisory relationship. The requirement that the complaining witness be under 13 years of age for aggravated sexual battery to qualify is removed. A felony conviction for conspiracy to commit or attempt to commit any of the qualified offenses is added as a qualifying offense. Incompetent defendants will be reviewed by the Commitment Review Committee. The bill provides that the Static-99 will be used to identify prisoners who will be forwarded to the Commitment Review Committee (CRC) for assessment. The bill also adds abduction with intent to extort money or for immoral purposes to the felonies for which a presentence report is required. The Commitment Review Committee and Attorney General, for the purpose of sexually violent predator civil commitments, are added as persons having a legitimate interest in child protective services records.
A BILL to amend and reenact §§ 19.2-169.3, 19.2-299, 37.2-900, 37.2-903 through 37.2-908, 37.2-910, 37.2-912, 37.2-919, and 63.2-105 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 9 of Title 37.2 a section numbered 37.2-920, relating to civil commitment of sexually violent predators.061416308
Impact Statements
Patron: Rapp
Actions against parents for conduct of a minor. Amends statute to allow a cause of action against a parent or parents of a minor for personal injuries inflicted willfully and maliciously by that minor. Currently a cause of action only exists for damages inflicted to property.
A BILL to amend and reenact § 8.01-44 of the Code of Virginia, relating to actions against parents for conduct of a minor.060771480
Patron: Jones, D.C.
Tattooing or body piercing of minors; penalty. Prohibits all tattooing of persons under 16 and prohibits tattooing or piercing on a minor without parental presence or supervision of medical personnel. The penalty for a violation of this section is made uniform for any offense, as a Class 1 misdemeanor. Previously a first offense was a Class 2 misdemeanor.
A BILL to amend and reenact § 18.2-371.3 of the Code of Virginia, relating to tattooing or body piercing of minors; penalty.060954364
Impact Statements
Patron: Janis
Criminal history background check of persons who enter the homes of others. Provides that any employer of persons whose employment requires that they enter the homes of others may acquire those persons' criminal history record information for the purpose of screening those individuals.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to dissemination of criminal history record information to employers of persons who enter the homes of others during employment.060020348
Patron: Janis
Effect of promise not to plead statute of limitations. Makes all written promises to not plead the statute of limitations valid as opposed to having the legal effect of promising to pay debt or discharge liability.
A BILL to amend and reenact § 8.01-232 of the Code of Virginia, relating to the effect of promises not to plead the statute of limitations.061163348
Patron: Alexander
Virginia Small Estate Act. Modifies the collection of personal property by affidavit provision by increasing from $15,000 to $50,000 the allowable value of the personal probate estate. Enactment will be January 1, 2007.
A BILL to amend and reenact § 64.1-132.2 of the Code of Virginia, relating to Virginia Small Estate Act.062890208
Patron: Morgan
Tenants by the entireties in real and personal property; transferred into trusts. Amends statute to allow any property owned as tenants by the entireties to be transferred into joint, separate, revocable or irrevocable trusts. Currently only the principal family residence can be transferred into a trust while maintaining tenants by the entireties' immunity. The changes also eliminate the requirements that the property has to be transferred in equal shares if being transferred to separate trusts.
A BILL to amend and reenact § 55-20.2 of the Code of Virginia, relating to property owned as tenants by the entireties being transferred into trusts.062412252
Patron: Caputo
Juveniles; administrative support order. Allows the Department of Social Services to establish the amount of the support obligation by the parents when a child is committed to the custody of the Department of Juvenile Justice, and allows the Department of Juvenile Justice to collect child support from the parents from the date it receives the child.
A BILL to amend and reenact § 16.1-290 of the Code of Virginia, relating to support for a committed juvenile.062454120
Impact Statements
Patron: Bell
Sex Offender Registry; penalties. Adds first offense child pornography possession and burglary with the intent to commit certain felony sex offenses as new Registry offenses if committed after July 1, 2006. The bill modifies the registration of a person convicted of murdering a child so that registration will be required if the victim is under 15 years of age and if the minor victim is 15 or older and the murder is related to a registerable sex offense. The bill requires registration of a person who commits a criminal homicide in conjunction with a violation of contributing to the delinquency of a child or abuse and neglect of a child. The bill adds burglary to the list of offenses, if committed twice, that are deemed sexually violent offenses. The bill places murder on an equal footing with sexually violent offenses for purposes of registration and makes a second or subsequent conviction for failing to register as a sex offender a Class 6 felony.
A BILL to amend and reenact §§ 9.1-902 and 18.2-472.1 of the Code of Virginia, relating to sex offender registration; penalty.065221232
Impact Statements
Patron: Bell
Photographs of explosives admissible in criminal prosecutions. Provides that in any prosecution involving an explosive material, bomb, or device defined in § 18.2-85, photographs of the material, bomb, or device shall be deemed competent evidence of such material, bomb, or device and shall be admissible in any proceeding, hearing, or trial of the case to the same extent as if such material, bomb, or device had been introduced as evidence.
A BILL to amend and reenact § 2.2-1107 of the Code of Virginia, relating to admission of photographs of explosive devices and materials as criminal evidence.061661232
Patron: Bell
Civil immunity; retired law-enforcement officer. States that a retired law enforcement officer, not acting in the scope of his employment, has civil immunity for actions he may take in the response to an emergency or to thwart the commission of a crime.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.11, relating to civil immunity for force used by retired law-enforcement officers.062843232
Patron: Bell
Process for issuance of search and arrest warrants. Provides that a person who seeks a search warrant may communicate with the issuing officer by facsimile and use a facsimile to transmit the affidavit for processing and issuing a search warrant.
A BILL to amend and reenact §§ 19.2-3.1 and 19.2-54 of the Code of Virginia, relating to issuance of search warrant.062452232
Patron: Bell
Laboratory results; physician immunity. Adds podiatry to the definition of physician under this section.
A BILL to amend and reenact § 8.01-581.18 of the Code of Virginia, relating to adding podiatry to the definition of physician under this section.061309232
Patron: Bell
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, 37.2-912, and 53.1-145 of the Code of Virginia, relating to civil commitment of sexually violent predators; emergency.063975232
EMERGENCY
Impact Statements
Patron: Ingram
Sale of violent or sexually explicit video games; penalty. By adding "video or computer game" to definitions, makes the sale, rental, loan or commercial display of a sexually explicit video or computer game to a juvenile a Class 2 misdemeanor.
A BILL to amend and reenact §§ 18.2-390 and 18.2-391 of the Code of Virginia, relating to sale of violent or sexually explicit video games to juveniles; penalty.061397344
Impact Statements
Patron: Brink
Confidentiality of presentencing investigation reports. Provides that presentencing investigation reports compiled by local probation officers for general district courts are to remain confidential and are exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
A BILL to amend and reenact § 9.1-177.1 of the Code of Virginia, relating to the confidentiality of presentencing investigation reports.064614248
Patron: Griffith
Certificate of analysis; availability to defendant when entered into evidence. Eliminates the requirement that the clerk of the court mail the certificate of analysis to the counsel of the accused. The bill provides that if, upon proper request made by counsel of record for the accused, a copy of such certificate is not mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused in a timely maner, the defendant shall be entitled to continue the hearing or trial.
A BILL to amend and reenact § 19.2-187 of the Code of Virginia, relating to providing certificates of analysis to defense counsel.061394308
Patron: Ware, O.
Secure bonds; time within which default is recorded; remittance; power of attorney to be filed with Department of Criminal Justice Services. Provides that only the actual value of real estate be used to determine solvency for posting a bond. The bill extends from 60 to 150 days the time period before which a default is recorded, and extends the time for remittance of a default from one to two years. The bill also requires that any power of attorney executed creating an agent to execute a bail bond be filed with the Department of Criminal Justice Services.
A BILL to amend and reenact §§ 19.2-123, 19.2-143, and 38.2-2416 of the Code of Virginia, relating to secure bonds; time within which default is recorded; remittance; power of attorney to be filed with Department of Criminal Justice Services.063046538
Impact Statements
Patron: Plum
Reporting identity theft to law-enforcement agencies. Provides that a consumer may report a case of identity theft to the law-enforcement agency where he resides. The bill also provides that upon receipt of a court order and upon request by such person, the Office of the Attorney General, in cooperation with the State Police, shall issue an "Identity Theft Passport" stating that such an order has been submitted.
A BILL to amend and reenact §§ 18.2-186.3:1 and 18.2-186.5 of the Code of Virginia, relating to reporting identity theft to law-enforcement agencies; Identity Theft Passport.066693464
Impact Statements
Patron: Saxman
Condemnation; sport shooting ranges. Provides that upon condemnation of a sport shooting range, the condemnor shall provide another location within a reasonable distance and provide for the total replacement of land, facilities, and all provisions under § 15.2-917.
A BILL to amend and reenact § 15.2-917 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 25.1-410.1, relating to condemnation of sport shooting ranges.062884496
Patron: Rapp
Reckless driving. Defines reckless driving as (i) driving a motor vehicle at a speed of 20 miles per hour or more in excess of the maximum speed limit or (ii) driving in excess of 80 miles per hour regardless of the maximum speed limit.
A BILL to amend and reenact § 46.2-862 of the Code of Virginia, relating to reckless driving.061413480
Patron: Bell
Sex offenses prohibiting certain employment; penalty. Provides that any adult who has been convicted of rape, forcible sodomy, or object sexual penetration shall be prohibited from working or volunteering on property he knows or has reason to know is a public or private elementary or secondary school or child day center property. A violation of this section is punishable as a Class 6 felony.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-370.3, relating to employment and volunteer activity prohibitions for certain sex offenders; penalty.060034232
Impact Statements
Patron: Lingamfelter
Special conservators of the peace; jurisdiction. Allows a special conservator of the peace to operate outside of the jurisdiction of his appointment if the sheriff, chief of police, or corporation that made the application for appointment notifies the new jurisdiction in which the conservator needs to operate and the Department of Criminal Justice Services, via registered mail. The terms and conditions of the conservator's appointment shall apply in the new jurisdiction.
A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; jurisdiction.063932380