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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 29, 2007
Time and Place: 8:30 AM Monday January 29, 2007 Senate Room A

S.B. 800 Criminal history record information; person requesting data may do so with signed job application.

Patron: Ruff

Criminal history record information.  Provides that the requirement that the person on whom the data is being obtained consent under oath to a request for his criminal history record information does not apply if the request is accompanied by a job application signed by the person.

A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to criminal history record information.

074312812

S.B. 855 Bail bondsmen; repeals certain provisions therefor.

Patron: Reynolds

Department of Criminal Justice Services; bail bondsmen.  Repeals the provision that requires all nonresident transfers and applicants for a bail bondsman license to satisfy all licensing requirements for residents of the Commonwealth. Also eliminated is the reciprocity provision for any individual whose physical place of residence and physical place of business are in a county or city located partly within the Commonwealth and partly within another state.

A BILL to repeal § 9.1-185.7 of the Code of Virginia, relating to the Department of Criminal Justice Services; bail bondsmen. 

070826808

S.B. 858 Strategic lawsuits against public participation; summary dismissal.

Patron: Reynolds

Strategic lawsuits against public participation; summary dismissal. Provides that in cases where the right to petition under the Virginia or United States Constitution is invoked as a defense, counterclaim, or cross-claim, a lawsuit brought maliciously and with the intent to harass the party invoking the right to petition may be subject to dismissal. Courts are also given the authority to impose sanctions on the parties bringing such lawsuits.

A BILL to amend the Code of Virginia by adding a section numbered § 8.01-223.2, relating to strategic lawsuits against public participation; summary dismissal.

070038808

S.B. 880 Police & court records; allows expungement hearing to occur immediately following acquittal, etc.

Patron: Deeds

Expungement of police and court records.  Allows an expungement hearing to occur immediately following an acquittal or dismissal. The bill also provides an automatic expungement if the convicted person has been granted a writ of actual innocence.

A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records.

078108724

S.B. 900 Virginia Beach Police Department Marine Patrol; enforcement of federal security and safety zones.

Patron: Rerras

Virginia Beach Police Department Marine Patrol; enforcement of federal security and safety zones.  Authorizes the Virginia Beach Police Department Marine Patrol to enforce federal security zones and federal safety zones within the tidal waters in the Virginia Beach Police Department's jurisdiction.

A BILL to authorize the Virginia Beach Police Department to enforce federal security and safety zones in tidal waters.

073023804

S.B. 909 Violation of right-of-way; guilty of reckless driving if cause death of another.

Patron: Obenshain

Reckless driving; violation of right-of-way resulting in death of another.  Provides that a person is guilty of reckless driving if he violates the right-of-way of any motor vehicle causing the death of another. The court must sentence the driver to 90 days in jail and suspend his driver's license for not less than six months or more than three years, although the court may suspend the penalties if the person completes 24 or more hours  of community service.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-863.1, relating to violating right-of-way resulting in death; penalty.

078945782

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. 919 Dispute resolution orientation session; parties in cases involving custody, etc. must attend.

Patron: Howell

Mandatory dispute resolution; custody, visitation, and child support.  Provides that parties in cases involving custody, visitation, and child support must be referred to and must attend a dispute resolution orientation session. This bill is a recommendation of the Boyd Graves Conference.

A BILL to amend and reenact § 20-124.4 of the Code of Virginia, relating to mandatory dispute resolution orientation sessions in custody, visitation, and child support cases.

078235744

S.B. 922 District court; enforcement of judgments.

Patron: Marsh

General district court judgments; satisfaction. Establishes a procedure for the satisfaction of judgments in general district court when the judgment creditor cannot be located. The bill provides that a judgment debtor wishing to discharge a judgment pursuant to the provisions of § 8.01-456 when the creditor cannot be located, may docket the general district court judgment in the circuit court having jurisdiction in the same geographic area as the general district court. An Attorney General's Opinion (May 16, 2006) stated that § 8.01-456 applied only to circuit courts. This bill is a recommendation of the Committee on District Courts.

A BILL to amend and reenact § 16.1-69.55 of the Code of Virginia, relating to enforcement of judgments.

070723160

S.B. 928 Parental rights; termination thereof .

Patron: Ticer

Termination of parental rights. Replaces language throughout § 16.1-283, dealing with the termination of residual parental rights, which formerly provided that the court "may" terminate parental rights if the requisite conditions are met with language providing that the court "shall" terminate parental rights if the conditions are met. This bill allows consideration of the efforts made to rehabilitate the parent in response to the parent's abuse and neglect of other children in determining whether to terminate a parent's rights. This bill also provides that a court shall consider whether custody of a child should be granted to the relatives of a child when a parent's parental rights have been terminated. This bill also clarifies that reasonable efforts to reunite a parent with a child need not be made if any of the grounds for termination of parental rights under subsection E of § 16.1-283 exist.

A BILL to amend and reenact § 16.1-283 of the Code of Virginia, relating to termination of parental rights.

073335828

S.B. 929 Parental rights; may be terminated based on finding that the parent has abused another child.

Patron: Ticer

Termination of parental rights. Provides that the parental rights of a parent, when the child has been placed in foster care, may be terminated based on a finding that the parent has abused or neglected another child. Current law only permits termination upon a finding that the child in question has been abused or neglected. This bill also permits the termination of parental rights of a child less than one year old who is in the custody of a local board or child-placing agency when the parent is incarcerated and expected to remain so for more than one year or when two or more of the parent's other children are in the custody of a local board or child-placing agency in Virginia or a similar agency in any other state. This bill also allows consideration of the efforts made to rehabilitate the parent in response to the parent's abuse and neglect of other children in determining whether to terminate a parent's rights. This bill also clarifies that reasonable efforts to reunite a parent with a child need not be made if any of the grounds for termination of parental rights under subsection E of § 16.1-283 exist.

A BILL to amend and reenact § 16.1-283 of the Code of Virginia, relating to termination of parental rights.

075195828

S.B. 932 Protective orders; court may include for protection of companion animals and livestock.

Patron: Ticer

Protective orders; companion animals and livestock.  Provides that a court may include in a protective order entered under §§ 16.1-253, 16.1-253.1, 16.1-253.4, and 16.1-279.1 provisions for the protection of companion animals and livestock owned, possessed, leased, kept or held by the party, or his family or household members, for whose benefit the protective order was entered.

A BILL to amend and reenact §§ 16.1-253, 16.1-253.1, 16.1-253.4, and 16.1-279.1 of the Code of Virginia, relating to protective orders; companion animals, and livestock.

078130828

S.B. 945 Income deduction order; remitting payments via electronic funds transfer.

Patron: Quayle

Income deduction order; remitting payments.  Provides that all income deduction orders for support payments require that all employers with at least 100 employees and payroll processing firms with at least 50 clients remit payments under such orders via electronic funds transfer.

A BILL to amend and reenact § 20-79.3 of the Code of Virginia, relating to remitting payments for income deduction order by electronic funds transfer.

074287116

S.B. 947 Child custody; parties to submit custody implementation plan prior to entry thereof by court.

Patron: Quayle

Child custody arrangements.  Requires parties in custody cases to submit a custody implementation plan prior to the entry of a custody order by the court. If the parties cannot reach an agreement as to a plan, eight hours of mandatory mediation shall be ordered and, if still no agreement is reached, the court shall determine a custody plan. This bill also provides that physical custody of a child should be shared equally between the parties to the extent that such an arrangement is feasible and is in the child's best interests.

A BILL to amend and reenact §§ 20-124.2 and 20-124.4 of the Code of Virginia, relating to child custody arrangements.

079010800

S.B. 948 Pendente lite spousal support; guidelines.

Patron: Quayle

Pendente lite spousal support; guidelines.  Establishes a statewide formula to be used by courts to calculate the presumptive amount of an award of pendente lite spousal support although courts still have the discretion to deviate from the presumptive amount calculated under this formula. Many jurisdictions in the Commonwealth have already adopted different pendente lite spousal support formulae and the purpose of this bill is to make support cases more consistent statewide.

A BILL to amend the Code of Virginia by adding a section numbered 20-103.1, relating to pendente lite child support formula.

079012800

S.B. 952 Criminal jurors; disqualifications.

Patron: Quayle

Criminal jurors; disqualifications.  Prohibits relatives and persons with an employment relationship to the accused, any alleged victim of the accused, the attorney for the Commonwealth and court officers and employees from serving on the accused's jury.

A BILL to amend and reenact § 19.2-262 of the Code of Virginia, relating to juror qualification in criminal cases.

079017800

S.B. 963 George Washington's Grist Mill State Park; Department of Conservation and Recreation to convey.

Patron: Puller

Conveyance of George Washington's Grist Mill State Park.  Specifies that the George Washington's Grist Mill State Park property that the Department of Conservation and Recreation is authorized, pursuant to legislation enacted in 1996 and amended in 1997, to convey to the Mount Vernon Ladies' Association of the Union, Inc., includes parcels that were conveyed to the Department of Conservation and Recreation in 2001.

A BILL to amend and reenact § 1 of Chapter 803 of the Acts of Assembly of 1996 and § 1 of Chapter 811 of the Acts of Assembly of 1996, both as amended and reenacted by Chapter 580 of the Acts of Assembly of 1997, relating to the authority to convey the George Washington's Grist Mill State Park in Fairfax County.

070193796

Impact Statements

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. 1009 Civil actions; docketing for trial.

Patron: Saslaw

Civil actions; docketing for trial.  Provides that civil actions, except domestic relations cases brought under Chapter 11 of Title 16.1 or under Title 20, cannot be set for trial for at least six months after service of process is made on all defendants unless the parties to the action agree otherwise or good cause is shown that the trial should proceed at an earlier date.

A BILL to amend and reenact § 8.01-332 of the Code of Virginia, relating to docketing civil actions for trial.

070051824

S.B. 1022 Mechanic's lien; notice to owner of property subject thereto.

Patron: Whipple

Mechanic's lien; notice.  Provides that the clerk of the court where a memorandum of lien is filed shall send written notice to the owner of the property subject to the lien at the owner's last known address. Current law places no obligation on the clerk to provide written notice of the recordation of a mechanic's lien.

A BILL to amend and reenact § 43-4 of the Code of Virginia, relating to notice of mechanic's lien.

074423844

S.B. 1036 Child custody; virtual visitation through the use of various electronic communication equipment.

Patron: O'Brien

Child custody; virtual visitation.  Provides that the courts may order virtual visitation through the use of various electronic communication equipment, if the equipment is reasonably available, although such visitation can only be used to supplement, and not replace, actual visitation. The bill also provides that the amount of virtual visitation ordered is not a factor in determining child support and that the availability of virtual visitation cannot be a factor in determining whether a custodial parent is permitted to relocate with the child.

A BILL to amend and reenact §§ 16.1-274, 16.1-278.15, 20-124.1, 20-124.2, and 20-124.5 of the Code of Virginia, relating to virtual visitation.

073339784

S.B. 1047 Southampton County Jail Farm; Board of Corrections to convey to Southampton County sheriff's office.

Patron: Lucas

Conveyance of state owned property; Southampton County.  Conveys a parcel of real property to Southampton County from the Board of Corrections for use by the sheriff's office.

A BILL to convey a parcel of real property to Southampton County.

075033752

S.B. 1048 Marijuana; expungement of deferred and dismissed charges.

Patron: Lucas

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 10 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 provides 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.

075200752

S.B. 1103 Defendants; restoration of competency.

Patron: Puller

Insane defendants; restoration of competency.  Clarifies the role of the director of the community services board or behavioral health authority in restoring the competency of a defendant who is receiving treatment on an outpatient basis. It also provides that the director is to make and receive reports regarding the competency of the defendant.

A BILL to amend and reenact §§ 19.2-169.2 and 19.2-169.3 of the Code of Virginia, relating to the disposition of incompetent defendants.

078199136

S.B. 1104 Insanity; persons acquitted by reason thereof.

Patron: Puller

Persons acquitted by reason of insanity.  Replaces certain language throughout Chapter 11.1 of Title 19.2 and adds, where omitted, the term "or behavioral health authority" wherever the term "community services board" appears.

A BILL to amend and reenact §§ 19.2-182.2, 19.2-182.5, 19.2-182.6, 19.2-182.7, 19.2-182.10, and 19.2-182.11 of the Code of Virginia, relating to the disposition of persons acquitted by reason of insanity.

078207136

S.B. 1126 Property damage or personal injury; parental liability for their child.

Patron: Norment

Property damage or personal injury; parental liability.  Establishes that parents have a duty to exercise reasonable care so as to control their child and, if this duty is not fulfilled, parents may be held liable to the full extent of property damage or personal injury caused through the actions of the child. Current law caps parental liability at $2,500 for damage to public or private property.

A BILL to amend and reenact §§ 8.01-43 and 8.01-44 of the Code of Virginia, relating to damage to property by a minor.

078926780

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. 1129 Order books; microfilming thereof, security negative copies provided to Library of Virginia.

Patron: Norment

Order books; microfilming.  Requires the clerk to ensure that order books are microfilmed and that security negative copies are provided to the Library of Virginia for storage.

A BILL to amend and reenact § 17.1-124 of the Code of Virginia, relating to microfilming of order books.

073064160

S.B. 1130 Watercraft; maiming of another resulting from operating thereof while intoxicated.

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. 1134 Insanity; petition for release of person acquitted by reason thereof.

Patron: Lambert

Petition for release of acquittee.  Provides that only when a motion for release from custody is made by the person acquitted by reason of insanity, shall the court order an evaluation by a psychiatrist and psychologist. Currently, this is required when the petition is by either the acquittee or the Commissioner of DMHMRSAS.

A BILL to amend and reenact § 19.2-182.6 of the Code of Virginia, relating to petition for release of a person acquitted by reason of insanity.

078205136

S.B. 1183 False claim or attempt to defraud State; increases civil penalty.

Patron: Williams

Civil actions brought by private persons benefiting Commonwealth; medical payments by commonwealth; statute of limitations. Removes motion for judgment language and replaces it with complaint language in actions under §§ 8.01-216 et seq. Increases the minimum (to $5,500) and maximum (to $11,000) amount of a civil penalty for making a false claim to or attempting to defraud the Commonwealth. Also states that a violator of § 8.01-216.3 shall be liable for reasonable attorney fees, expenses, and costs associated with maintaining a civil action under § 8.01-216.3. Such fees, expenses, and costs are to be paid to the Attorney General's Office. Includes civil actions brought by the Attorney General based on a false claim made to the Commonwealth (§ 8.01-216.4) under the statute promulgating the procedure for maintaining such action and the statute of limitations that would apply to such action. Provides that civil fraud actions brought by the Commonwealth to recover medical payments or benefits provided directly or indirectly by the Commonwealth must be brought within six years, or within three years after the fraud was discovered or reasonably should have been discovered. An action cannot be brought more than 10 years after the fraud occurred regardless of when it was discovered.

A BILL to amend and reenact §§ 8.01-216.3, 8.01-216.5, 8.01-216.6, 8.01-216.9, 32.1-312 and 32.1-313 of the Code of Virginia, relating to the payment of civil penalties for false claims; fraud actions for medical payments to the Commonwealth.

076086105

Impact Statements

S.B. 1189 Court-appointed counsel; qualification requirements.

Patron: Reynolds

Court-appointed counsel; qualifications. Clarifies the requirements to be met for qualification as a court-appointed attorney by setting out each type of case and listing the requirements. The bill also specifically lists requalification requirements, including a requirement that the Indigent Defense Commission provide information on MCLE programs that have been approved by the Commission.

A BILL to amend and reenact § 19.2-163.03 of the Code of Virginia, relating to the qualifications for court-appointed counsel.

073098141

S.B. 1198 Medical Services; State's lien for payment.

Patron: Edwards

Commonwealth's lien for payment of medical services; reduction. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised under § 2.2-514, this lien shall be reduced by an amount proportionate to the costs, expenses, and attorney fees incurred by the injured person.

A BILL to amend and reenact § 8.01-66.9 of the Code of Virginia, relating to liens for medical services paid for by the Commonwealth.

070015728

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. 1219 Lawful fence; amends definition of barbed wire and fences of boards.

Patron: Hanger

Lawful fence; definition.  Amends the definition of fences of barbed wire and fences of boards and expands the definition of a lawful fence to include any fence that is at least 42 inches high, constructed from materials sold for fencing and appropriate for the confinement of livestock, and installed so that livestock cannot creep through the fence.

A BILL to amend and reenact § 55-299 of the Code of Virginia, relating to the definition of lawful fence.

078810732

S.B. 1223 Police and court records; adds convictions vacated to expungement procedures.

Patron: McDougle

Expungement of police and court records. Adds convictions vacated pursuant to a writ of actual innocence to the expungement procedures and requires that electronic records be included in the expungement. The bill also requires that the court and parties strictly comply with the expungement procedures set forth otherwise any expungement order is void.

A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records.

077703105

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. 1250 Public hearings; immunity of citizens.

Patron: Herring

Immunity of citizens at public hearings.  Provides that any citizen appearing at a public hearing before the governing body of any locality or other political subdivision, or before another local governmental entity, shall be immune from a suit arising from the exercise of the citizen's right to speak to matters properly before the governing body. However, the immunity shall not apply to conduct constituting libel or slander.

A BILL to amend and reenact § 15.2-1405 of the Code of Virginia, relating to immunity of citizens at public hearings.

074438738

S.B. 1255 Courthouse; posting of notices.

Patron: Herring

Courthouse; posting of notices.  Provides that whenever notices, summonses, orders, and other official documents are required to be posted on or at the front door of a courthouse or on a public bulletin board at the courthouse, this requirement can be met if such documents are posted at or near the principal public entrance to the courthouse in a conspicuous location that has been approved by the chief judge of the circuit in which the courthouse is situated. This bill also provides that the posting of such documents may be made by any means, including electronic, provided that the means employed display the original document, an image of the original document, or otherwise display the same information contained in the original document.

A BILL to amend the Code of Virginia by adding a section numbered 1-211.1, relating to posting of notices at courthouses.

070046738

S.B. 1263 Creditors of decedent's estate; debts and taxes owed to political subdivisions.

Patron: Herring

Creditors of decedent's estate. Provides that debts and taxes owed to political subdivisions of the Commonwealth are to be included in the class of claims that is sixth in line to be paid from a decedent's estate.  Currently, only debts and taxes owed to the Commonwealth are included in this class of claims.

A BILL to amend and reenact § 64.1-157 of the Code of Virginia, relating to the order in which a decedent's debts are paid.

078045738

S.B. 1367 Subaqueous land; Marine Resources Commission to convey certain S&S Marine Supply in Hampton.

Patron: Williams

Conveyance of state-owned bottomlands in Hampton. Authorizes the Marine Resources Commission to convey three parcels of state-owned land consisting of 1,200 square feet, 10,900 square feet, and 22,400 square feet to private parties.

A BILL to authorize the Marine Resources Commission to convey certain lands in the City of Hampton.

071540848

S.B. 1372 Criminal justice training academy; Roanoke County to charge fees to support its participation.

Patron: Bell

Criminal justice training academy fees.  Allows Roanoke County to charge certain fees to be used to support its participation in a local or independent criminal justice training academy. The fees are similar to those charged by the state on misdemeanors and traffic infractions for deposit into a state fund to provide financial support to regional criminal justice training academies.

A BILL to amend and reenact § 9.1-106 of the Code of Virginia, relating to criminal justice academy training fees.

075839700

S.B. 1373 Roanoke County Sheriff's Office; authorized to withdraw from Cardinal Criminal Justice Academy.

Patron: Bell

Withdrawal of the Roanoke County Sheriff's Office from training academy.  Authorizes the Roanoke County Sheriff's Office to withdraw from the Cardinal Criminal Justice Academy. Current statutory provisions only allow a county to withdraw upon two-thirds vote of the board of directors of an academy. This bill would allow the county to withdraw absent such a vote.

A BILL to authorize the withdrawal of the Roanoke County Sheriff's Office from the Cardinal Criminal Justice Academy.

075837700

Impact Statements

S.B. 1380 Victims of crime; restorative mediation.

Patron: Locke

Victims' rights; restorative mediation.  Provides that the victim of a criminal offense may request mediation with the defendant prior to the final disposition in the defendant's case. If mediation is conducted, the results of the mediation and the victim's statement of needs shall be presented to the court by the mediator prior to the sentencing hearing. The bill also provides that the Director of the Department of Corrections shall maintain a system for victim-offender mediation in the state correctional facilities. Such mediation shall be conducted upon the request of the victim and upon the agreement of both parties.

A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 53.1-25.2, relating to victims' right to restorative mediation.

076569750

S.B. 1381 Intestate succession; desertion by parents.

Patron: Locke

Intestate succession; desertion by parents.  Clarifies that if a parent is barred from inheriting from his child through intestate succession because he had willfully deserted or abandoned the child, no person may inherit from the child's estate through intestate succession where the person's only claim on the estate is through the parent who deserted or abandoned the child, unless the person has established a personal relationship with the child and maintained such relationship until the child's death. The bill also clarifies that the prohibition against a parent inheriting from a child applies regardless of whether the child was still a minor at the time of death.

A BILL to amend and reenact § 64.1-16.3 of the Code of Virginia, relating to intestate succession barred by desertion or abandonment.

071564750

S.B. 1384 Enjoyment of easement; visual nuisance.

Patron: Stosch

Enjoyment of easement; visual nuisance.  States that unreasonable interference with the enjoyment of an easement, if the easement provides the principal route of ingress and egress to the owner of the dominant estate's residence, includes placing objects or items adjacent to or in the vicinity of the easement that create a visual nuisance.  Fences, electric fences, cattle guards, gates, or division fences shall not constitute an object or item under the statute.

A BILL to amend and reenact § 55-50.1 of the Code of Virginia, relating to visual interference with the enjoyment of an easement.

072176824

S.B. 1392 Fort Monroe; Governor to convey property to Fort Monroe Federal Development Authority.

Patron: Williams

Fort Monroe Federal Development Authority board of directors. Authorizes the Governor to convey the property comprising Fort Monroe to the Federal Area Development Authority created by the City of Hampton. The bill also provides for the membership of the Fort Monroe Federal Development Authority and sets its quorum. The bill contains an emergency clause.

A BILL to permit the conveyance of Fort Monroe to the Federal Area Development Authority, to amend and reenact § 15.2-6304 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 15.2-6304.1, relating to Fort Monroe and appointment of Fort Monroe Federal Area Development Authority board of commissioners.

070880129

EMERGENCY

S.B. 1418 First Landing State Park; Department of Conservation and Recreation to lease portion thereof.

Patron: Wagner

Department of Conservation and Recreation, Lessor. Authorizes lease of certain land within First Landing State Park to the City of Virginia Beach, Lessee.

A BILL to authorize the Department of Conservation and Recreation, Lessor, to lease certain land within First Landing State Park to the City of Virginia Beach, Lessee.

079849832