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2007 SESSION

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Senate Committee on Courts of Justice

Chairman: Kenneth W. Stolle

Clerk: Fred Hodnett, Richard Fiorella
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 22, 2007
Time and Place: Monday January 22, 2007 9:00 AM Senate Room A

S.B. 737 Custody and visitation cases; court may order confidential parental mental health records.

Patron: Cuccinelli

Admissibility of mental health care records in custody and visitation cases.  Repeals the current law which provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives.

A BILL to repeal § 20-124.3:1 of the Code of Virginia, relating to the admissiblity of mental health care records in custody and visitation cases.   

070001720

S.B. 827 Firearms; civil immunity for sellers, and requires criminal records check on transfers.

Patron: Devolites Davis

Transfer of firearms; criminal records check; penalties.  Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds the definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. The bill also provides that any party who sells, transfers, or trades a firearm shall be immune from all civil liability stemming from the use of the firearm sold, transferred, or traded in the commission of a crime if a criminal background check was conducted prior to the sale, transfer, or trade.

A BILL to amend and reenact § 54.1-4200 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 8.01-226.12, 18.2-308.2:4, and 54.1-4201.2, relating to firearm sales; civil immunity; criminal history record information checks; penalties.

075050726

Impact Statements

S.B. 915 Serious or Habitual Offenders Comprehensive Action Program (SHOCAP); school authorized to disclose.

Patron: Lambert

Student records; Serious or Habitual Offenders Comprehensive Action Program (SHOCAP). Provides that school personnel are authorized to disclose identifying information from a student's education records to members of the SHOCAP committee and the staff of member agencies for the purpose of furthering the ability of the juvenile justice system to effectively serve the student prior to adjudication.

A BILL to amend and reenact §§ 16.1-330.1 and 22.1-288.2 of the Code of Virginia, relating to student education records.

073351105

S.B. 927 Sexual offenses; prohibiting entry of those convicted onto school property, penalty.

Patron: Norment

Sex offenses prohibiting entry onto school property; penalty.  Provides that an adult who has been convicted of a sexually violent offense is guilty of a Class 6 felony if he enters or is present, during school hours, any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, unless he (i) is lawfully voting; (ii) is a student enrolled at the school; or (iii) has received a court order allowing him to enter upon such property. The bill provides that such an adult may petition the juvenile and domestic relations district court or circuit court in the county or city where the school or child day center is located for permission to enter such property. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to restrictions the court deems appropriate.

A BILL to amend and reenact § 16.1-241 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-370.5, relating to sex offenses prohibiting entry onto school property; penalty.

077783134

Impact Statements

S.B. 943 Indigent Defense Commission; powers and duties.

Patron: Quayle

Indigent Defense Commission. Gives the authority for securing office space for public defenders to the executive director of the Commission and allows for the delegation of certain powers and duties to the deputy executive director in the absence of the executive director.

A BILL to amend and reenact § 19.2-163.01 of the Code of Virginia, relating to the Indigent Defense Commission; powers and duties.

070551141

S.B. 997 Magistrates; required to deliver copy of any criminal warrant issued at request of citizen to State.

Patron: Houck

Powers of magistrates. Requires magistrates to deliver a copy of any criminal warrant issued at the request of a citizen to the attorney for the Commonwealth.

A BILL to amend and reenact § 19.2-45 of the Code of Virginia, relating to powers of magistrates.

074650740

S.B. 1007 Law-enforcement facilities; prohibits possession of weapons therein except by officers.

Patron: Saslaw

Possession of weapons; law-enforcement facility.  Prohibits the possession of weapons at any law-enforcement facility in the Commonwealth. There is an exception for law-enforcement officers.

A BILL to amend and reenact § 18.2-283.1 of the Code of Virginia, relating to possession of weapons; law-enforcement facilities.

078411260

S.B. 1010 Line of Duty Act; definition of disabled person.

Patron: Saslaw

Line of Duty Act; definition of disabled person. Amends the definition of "disabled person" by adding local employees.

A BILL to amend and reenact § 9.1-400 of the Code of Virginia, relating to the Line of Duty Act; definition of disabled person.

075223816

Impact Statements

S.B. 1019 Credit card application; person with intent to defraud in name of another.

Patron: Whipple

Fraudulent application for a credit card. Provides that any person who, for his own benefit and with intent to defraud, makes application in writing for a credit card in the name of another is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-195.2 of the Code of Virginia, relating to credit card application fraud; penalty.

061481844

S.B. 1049 Certification of laboratories that perform DNA analyses.

Patron: Lucas

Certification of laboratories that perform DNA analyses.  Provides that all DNA analyses offered as criminal evidence shall have been performed by laboratories accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB).

A BILL to amend and reenact § 19.2-270.5 of the Code of Virginia, relating to certification of laboratories that perform DNA analyses.

071316752

Impact Statements

S.B. 1065 Sex Offender Registry; penalty.

Patron: McDougle

Sex Offender Registry; penalty.  Clarifies that a person convicted of attempt or conspiracy to commit a registerable offense must register. The bill elevates carnal knowledge of a child 13 years of age but less than 15 years of age, which is currently a registerable offense, to a sexually violent offense and makes pandering, which is currently not a registerable offense, a sexually violent offense. The bill makes a first offense (currently a second offense) of production, publication, sale, possession with intent to distribute, and financing of sexually explicit visual material involving children a sexually violent offense. Federal convictions for sex trafficking, abusive sexual contact, and sexual abuse are added as sexually violent offenses.  Persons required to register will have to provide palm prints and vehicle registration information for any vehicle they own or operate.  Failure to reregister in person within three days following any change in owned or operated vehicle registration information will be a Class 6 felony.

Persons who do not have a continuing duty to register for life must petition the court in order to be relieved of the duty to register. In addition to the current requirement that a petition may not be filed for 10 years after initial registration or a conviction for failure to register, the bill adds that a person may not file a petition for 10 years after conviction of any felony, and that a petition may not be filed until all court-ordered treatment, counseling, and restitution is completed. The court must obtain a copy of the petitioner's complete criminal history and registration history and the Commonwealth must be made a party to the action.  The bill has an emergency clause.

A BILL to amend and reenact §§ 9.1-901, 9.1-902, 9.1-903, 9.1-908, 9.1-910, and 18.2-63 of the Code of Virginia, relating to sex offender registration; penalty.

077779120

EMERGENCY

Impact Statements

S.B. 1071 Sex offender registration; child pornography; penalties.

Patron: McDougle

Sex offender registration; child pornography; penalties. Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within three days of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age. The bill establishes enhanced penalties for the production, distribution, solicitation, participation, financing, or photographing of child pornography. The bill also clarifies that a person depicted or who presents the appearance of being less than 18 years of age in a sexually explicit manner is prima facie presumed to be less than 18 years of age. The bill repeals § 18.2-374.1:2 but inserts similar language in § 18.2-374.1:1 relating to facilitating payment for or access to child pornography.

A BILL to amend and reenact §§ 9.1-902, 9.1-903, 9.1-904, 9.1-912, 18.2-374.1, 18.2-374.1:1, and 18.2-374.3 of the Code of Virginia and to repeal § 18.2-374.1:2 of the Code of Virginia, relating to child pornography and sex offender registration requirements; penalties.

075731105

Impact Statements

S.B. 1117 Senior Alert Program; created.

Patron: Rerras

Senior Alert Program.  Creates a program for local, regional, or statewide notification of a missing senior or impaired adult. The program is similar to the Amber Alert Program for missing children.

A BILL to amend the Code of Virginia by adding in Title 52 a chapter numbered 7.2, consisting of sections numbered 52-34.4 through 52-34.6, relating to establishment of a statewide system for notification of missing seniors and impaired adults.

073332105

S.B. 1120 Trespass; knowledge that entry was forbidden.

Patron: Cuccinelli

Trespass; knowledge that entry was forbidden.  Provides that a person who goes or remains upon residential property or conspires to go or remain upon such property and who knows or reasonably should have known that any resident of such property suffered a substantial personal, physical, mental, or emotional loss, injury, or trauma within the week preceding the entry upon the property is guilty of trespass or conspiring to trespass, regardless of whether the lack of permission to enter the property was communicated to him. Under current law, a person is only guilty of trespass or conspiring to trespass if he has been forbidden, either orally, in writing, or by posted sign, from going onto or remaining on such property.

A BILL to amend and reenact §§ 18.2-23 and 18.2-119 of the Code of Virginia, relating to trespass; knowledge that entry was forbidden.

070048720

S.B. 1127 Magistrates; issuance of warrants.

Patron: Norment

Magistrates; issuance of warrants.  Amends provision that prohibits magistrates from issuing any warrant or process in complaint of certain relatives of the magistrate, to provide that the magistrate may issue a warrant or process if the relative is a law-enforcement officer acting within the scope of his official duties.

A BILL to amend and reenact § 19.2-37 of the Code of Virginia, relating to issuance of warrants by magistrate.

078846780

S.B. 1130 Crimes; maiming of another resulting from operating a watercraft while intoxicated; penalty.

Patron: Norment

Crimes; maiming of another resulting from operating a watercraft while intoxicated; penalty.  Makes it a Class 6 felony to operate a watercraft while intoxicated in violation of § 29.1-738 or any local ordinance substantially similar in a manner so gross, wanton, and culpable as to show reckless disregard for human life, and to unintentionally cause the serious bodily injury of another person resulting in permanent and significant physical impairment. The bill also adds statutes dealing with boating while intoxicated to the statute that allows written reports of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room to be admissible in evidence as a business records exception to the hearsay rule in prosecutions for DUI.

A BILL to amend and reenact § 19.2-187.02 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-51.5, relating to maiming of another from operating a watercraft while intoxicated; penalty .

070559780

Impact Statements

S.B. 1157 Line of Duty Act; definition of disabled person.

Patron: Quayle

Line of Duty Act; definition of disabled person.  Amends the definition of "disabled person" by adding local employees.

A BILL to amend and reenact § 9.1-400 of the Code of Virginia, relating to the Line of Duty Act; definition of disabled person.

077573800

Impact Statements

S.B. 1158 Line of Duty Disability Fund.

Patron: Quayle

Line of Duty Disability Fund.  Establishes the Line of Duty Disability Fund to help pay the costs of disability benefits provided under the Line of Duty Act. Under the bill the Fund will consist of funds as may be appropriated by the General Assembly and moneys deposited from an additional $50 costs imposed for certain traffic incidents. Portions of the bill referring to the deposit of moneys from the additional fees imposed for certain traffic incidents will become effective only if legislation is enacted establishing for the deposit of such moneys into the Fund.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-401.1, relating to the Line of Duty Disability Fund.

077572800

S.B. 1159 Line of Duty Act; Line of Duty Disability Fund.

Patron: Quayle

Line of Duty Act; Line of Duty Disability Fund. 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.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-401.1, relating to the Line of Duty Act; Line of Duty Disability Fund.

071525800

Impact Statements

S.B. 1160 Reimbursement of expenses relating to certain traffic incidents; Line of Duty Disability Fund.

Patron: Quayle

Reimbursement of expenses relating to certain traffic incidents; Line of Duty Disability Fund.  Imposes an additional $50 cost for traffic incidents involving (i) operation of a motor vehicle, engine, train or watercraft while impaired, (ii) reckless driving, (iii) driving without a license or driving with a suspended or revoked license, and (iv) improperly leaving the scene of an accident. The additional funds will be deposited into the Line of Duty Disability Fund. The bill is contingent upon the enactment of legislation creating the fund.

A BILL to amend and reenact § 15.2-1716 of the Code of Virginia, relating to reimbursement of expenses relating to certain traffic incidents; Line of Duty Disability Fund.

074716800

Impact Statements

S.B. 1165 Conservators of peace, special; strikes provision that they have authority in any city or county.

Patron: Stolle

Special conservators of the peace.  Strikes a provision that special conservators of the peace have authority in any city or county where the corporate applicant or its subsidiary holds title to real property. This provision contradicts the statutory requirement that a conservator's authority is confined to court-imposed geographical limitations within the judicial circuit where the appointment is made.

A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; jurisdiction.

077737134

S.B. 1192 Interpreters for non-English-speaking persons; removes responsibility of arranging therefor.

Patron: Reynolds

Interpreters for non-English-speaking persons.  Removes the responsibility of arranging for interpreters for non-English-speaking defendants from the local pretrial services units leaving that responsibility with the court. The bill also requires the defendant to pay the costs of any interpreter when the defendant fails to appear for trial.

A BILL to amend and reenact §§ 19.2-152.4:3 and 19.2-164 of the Code of Virginia, relating to interpreters for non-English-speaking persons.

070720808

S.B. 1217 Forensic laboratory services; private police departments.

Patron: Hanger

Forensic laboratory services; private police departments.  Requires the Department of Forensic Science to provide forensic laboratory services upon request of any private police department employing special conservators of the peace. Private police departments currently have to go through a public law-enforcement agency to submit evidence to the lab.

A BILL to amend and reenact § 9.1-1101 of the Code of Virginia, relating to Department of Forensic Science.

073161732

S.B. 1220 Line of Duty Act.

Patron: Saslaw

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.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-401.1, relating to the Line of Duty Act fund.

075845816

Impact Statements

S.B. 1221 Community-based corrections programs; community service.

Patron: Puckett

Community-based corrections programs; community service. Provides that a person committed to Boot Camp Incarceration Programs, Detention Center Incarceration Programs, or Diversion Center Incarceration Programs shall receive credit toward the completion of any community service he was ordered to perform as part of his sentence for any community service performed during his commitment.

A BILL to amend and reenact §§ 19.2-316.1, 19.2-316.2, and 19.2-316.3 of the Code of Virginia, relating to credit for community service performed by offenders participating in community-based corrections programs.

078095792

S.B. 1224 Identity theft; notification of breach of information system.

Patron: Howell

Database breach notification. Requires an individual or a commercial entity that conducts business in Virginia and that owns or licenses computerized data that includes personal information to conduct in good faith a reasonable and prompt investigation when it becomes aware of a breach of the security of the system. If the investigation determines that misuse of information has or is reasonably likely to occur, the individual or commercial entity shall give notice to the Virginia resident as soon as possible. Notification must be made in good faith, in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. The bill also contains alternative notification provisions. The Office of the Attorney General may bring an action in law or equity to address violations of this section and other appropriate relief. The provisions of this bill, as they apply to governmental entities, become effective July 1, 2008.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-186.6, relating to identity theft prevention; notice of breach of information system.

079200744

Impact Statements

S.B. 1233 Assault and battery; adds federal law-enforcement officers to definition in statute.

Patron: Obenshain

Assault and battery; federal law-enforcement officers.  Adds federal law-enforcement officers to the definition of law-enforcement officer in the assault and battery statute, so that the enhanced punishment will apply. The enhanced punishment is a Class 6 felony with a mandatory minimum term of six months versus a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; federal law-enforcement officers; penalty.

072880782

Impact Statements

S.B. 1236 Juvenile offenses; judge may impose all penalties allowable by law therefor.

Patron: Obenshain

Punishment for certain juvenile offenses.  Clarifies that a judge may impose all penalties allowable by law for juveniles found delinquent of offenses that require the loss of driving privileges as set forth in § 16.1-278.9.

A BILL to amend and reenact § 16.1-278.9 of the Code of Virginia, relating to punishment for certain delinquent children.

078939782

S.B. 1239 Child pornography; seizure and forfeiture of equipment.

Patron: Obenshain

Child pornography; seizure and forfeiture of equipment; bail. Provides that all equipment and other personal property used in connection with the possession, production, distribution, publication, or sale of child pornography shall be subject to seizure and forfeiture. This bill also provides a person charged with violating § 18.2-374.1 (crimes involving child pornography) or § 18.2-374.3 (use of communications system to procure minors for various sexual offenses involving children) is rebuttably presumed ineligible for bail when the offender has reason to believe that the solicited person is a child under 15 years of age and the offender is at least five years older than the solicited person.

A BILL to amend and reenact §§ 19.2-120 and 19.2-386.31 of the Code of Virginia, relating to the exploitation and solicitation of children for sexual purposes; forfeiture of equipment; bail.

070059105

S.B. 1247 Assault and battery against family member; deferred finding.

Patron: Herring

Family assault and battery; deferred finding.  Provides that a defendant who has received a deferred finding cannot appeal the underlying offense unless he withdraws his consent to the deferred finding within 10 days of the entry of the order and files a notice of appeal within 10 days of the order of conviction.

A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to assault and battery against family member; deferred finding.

074460738

S.B. 1248 Juveniles; guilty of a violation driving without a license.

Patron: Herring

Driving without a license; juveniles.  Specifies that juveniles who drive without a license after the juvenile court has issued an order denying the juvenile the ability to apply for a license, are guilty of a violation of § 46.2-300 (driving without a license), which is a Class 2 misdemeanor.

A BILL to amend and reenact §§ 16.1-278.8 and 16.1-278.9 of the Code of Virginia, relating to delinquent juveniles; driving without a license.

074461738

S.B. 1262 Driver's license; notice of revocation.

Patron: Herring

Revocation of driver's license; notice.  Provides that, upon the conviction of a person driving after the forfeiture of his driver's license, the court shall suspend the person's license for an additional period of time in accordance with the provisions for administrative suspension and revocation set forth in §§ 46.2-389 and 46.2-391. The court shall also order the person to surrender his license upon conviction and to notify the person of the impending administrative suspension and revocation of his license. The court shall also notify the Department of Motor Vehicles of the conviction, the terms of the license suspension, and that notification of the administrative suspension had been given to the convicted person. The bill also provides that the court's notification to the convicted person constitutes actual notice of the administrative revocation of his driver's license.

A BILL to amend and reenact § 18.2-272 of the Code of Virginia, relating to notice of revocation of driver's license.

070055738

S.B. 1293 Clerks, sheriffs, etc.; localities exempt from paying fees for certain services.

Patron: Norment

Fees for clerks, sheriffs, etc.  Provides that localities are exempt from paying any fees for services rendered by clerks, sheriffs, and other officers for services rendered in cases of the locality where the locality is a party to a case in its own court system or in any other jurisdiction where the locality and the other jurisdiction have a reciprocal waiver of fees agreement. The bill further provides that sheriffs may grant a waiver of sheriff's fees to other localities.

A BILL to amend and reenact § 17.1-266 of the Code of Virginia, relating to fees for clerks, sheriffs, etc., for services rendered in the cases of the Commonwealth or its political subdivisions.

070040780

S.B. 1294 Jury sentencing proceeding.

Patron: Norment

Jury sentencing proceeding.  Restates, to eliminate any possibility of confusion, the provision in current law that victim impact testimony may be presented at the sentencing proceeding. The bill also allows the punishments imposed on the defendant for prior convictions to be presented to the jury.

A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by the jury after conviction.

073378105

S.B. 1298 Criminal history record information; agency not required to collect if on Internet website.

Patron: Newman

Criminal history; reporting.  Provides that a criminal justice agency is not required to collect, maintain or update criminal history record information, as defined in § 9.1-101, when such information is already available through the case management system accessible through the website of the Supreme Court of Virginia. This bill also provides that before disclosing such information, the agency should verify its accuracy through the case management system.

A BILL to amend and reenact § 9.1-126 of the Code of Virginia, relating to reporting of criminal history.

070022776

S.B. 1308 Courthouse security; training of officers providing.

Patron: Newman

Courthouse security; training.  Provides that sheriffs may designate deputies that will provide only partial courthouse security, primarily guarding the entrances and working metal detectors. The bill also provides that the Department of Criminal Justice Services will establish an abbreviated two-week training course for such deputies. Currently, deputies used in this limited role must attend the same training as those who are fulfilling all the duties of courthouse and courtroom security officers, which lasts between six and eight weeks.

A BILL to amend and reenact §§ 9.1-102 and 53.1-120 of the Code of Virginia, relating to training of officers providing courthouse security.

070021776

S.B. 1319 Conservators of peace, special; conviction of Class 1 misdemeanor to prevent person from becoming.

Patron: Puckett

Special conservators of the peace; barrier crimes.  Amends provision that prohibits a person from being a special conservator of the peace if they have any firearms conviction to provide that the conviction must be a Class 1 misdemeanor to prevent the person from being a conservator. Existing law includes all firearms misdemeanors. The provision that any felony is a barrier remains unchanged.

A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; barrier crimes.

079164792

S.B. 1359 Crisis intervention pilot programs for persons with mental illness.

Patron: Edwards

Crisis intervention pilot programs for persons with mental illness.  Permits the Department of Criminal Justice Services to establish crisis intervention team pilot programs in up to six areas of the state by January 1, 2008. The crisis intervention team pilot programs shall assist law-enforcement officers in responding to crisis situations involving persons with mental illness, substance abuse, or both. By November 1, 2007, the Department shall submit to the Joint Commission on Health Care a report outlining the plan for the program. The Department, in consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall establish a training program for all persons involved in the crisis intervention team pilot programs. Each crisis intervention team shall develop a protocol that permits law-enforcement officers to release from custody persons whom they encounter in crisis situations when the crisis intervention team has determined the person is sufficiently stable. The Department shall evaluate and report annually to the Joint Commission on Health Care on the impact and effectiveness of the crisis intervention team pilot programs.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 9.1 an article numbered 13, consisting of sections numbered 9.1-187 through 9.1-190, relating to crisis intervention teams.

078315728