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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 31, 2007
Time and Place: Wednesday January 31, 2007
1/2 hour after adjournment Senate Room A

S.B. 738 Psychiatric Inpatient Treatment of Minors Act; authorization of certain judges & special justices.

Patron: Cuccinelli

Psychiatric Inpatient Treatment of Minors Act; special justices.  Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

064689720

Impact Statements

S.B. 739 Psychiatric Inpatient Treatment of Minors Act; authorization of chief judges of judicial circuits.

Patron: Cuccinelli

Psychiatric Inpatient Treatment of Minors Act; special justices.  Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act. This bill also authorizes the chief judge of the 2nd Judicial Circuit (Virginia Beach, Northampton, and Accomack) and the chief judge of the 19th Judicial Circuit (Fairfax County) to appoint special justices for the purpose of performing duties required of a judge under this Act. Such appointed judges are to be paid by the locality in which the special justice was appointed. This bill also states that an emergency exists and that the bill shall go into effect from its passage.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

064690720

EMERGENCY

S.B. 741 Involuntary commitment hearings; law students may represent petitioner without practicing attorney.

Patron: Cuccinelli

Involuntary commitment hearings; law students.  Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance.

A BILL to amend and reenact § 54.1-3900 of the Code of Virginia, relating to the practice of law; third-year students.

072149720

S.B. 763 Outpatient treatment orders; changes criteria therefor.

Patron: Cuccinelli

Mental health; outpatient treatment orders.  Changes the criteria for ordering outpatient mental health treatment rather than involuntary inpatient treatment. Strikes the requirement that a person be found to be a danger to himself or others and instead requires a finding that assisted outpatient treatment will be sufficient to prevent him from harming himself or others.

A BILL to amend and reenact § 37.2-817 of the Code of Virginia, relating to outpatient treatment orders.

072417720

Impact Statements

S.B. 780 Involuntary temporary detention; issuance and execution of order.

Patron: Cuccinelli

Involuntary temporary detention; issuance and execution of order.  Modifies one element of the legal standard for involuntary commitment by changing the requirement that individuals present an "imminent danger" to a requirement that individuals present a "significant risk." Emphasizes criteria required for involuntary commitment as found in prior records of treatment and noncompliance with treatment, and demonstrated in reports of witnesses, family members, physicians, or mental health professionals.

A BILL to amend and reenact § 37.2-809 of the Code of Virginia, relating to involuntary temporary detention; issuance and execution of order.

060445720

Impact Statements

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. 911 Nonsuits; notice required.

Patron: Obenshain

Nonsuits; notice required.  Requires reasonable notice for counsel of record and a reasonable attempt to notify parties not represented by counsel of any nonsuit in a matter after the first nonsuit. This is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-380 of the Code of Virginia, relating to notice of additional nonsuits.

073037200

S.B. 912 Witness, contradiction of; extrajudicial statement.

Patron: Obenshain

Contradiction of witness; extrajudicial statement.  Excepts statements made at the time of the wrongful act or negligence from those extrajudicial statements that cannot be used to contradict a witness.

A BILL to amend and reenact § 8.01-404 of the Code of Virginia, relating to contradiction of a witness by extrajudicial statement.

073033200

S.B. 913 Notice of claim; changes structure thereof against State or transportation district.

Patron: Obenshain

Notice of claim; government entity.  Changes the structure of the notice of claim against the Commonwealth or a transportation district and states that when notice is challenged under the statute, the claimant must prove receipt of notice and not just that notice was mailed. Also extends the notice of claim for tort claims to counties, cities and towns.

 A BILL to amend and reenact §§ 8.01-195.4  and 8.01-195.7 of the Code of Virginia, and by adding a section numbered 8.01-195.6:1 and by adding in Chapter 2 of Title 15.2 a section numbered 15.2-209, and to repeal § 8.01-195.6 of the Code of Virginia, relating to notice of claim; requirements of bringing a lawsuit against a government entity.

073036200

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. 937 Child support; court shall recalculate obligation of an obligor who is incarcerated.

Patron: Ticer

Child support; incarcerated obligor.  Provides that a court shall recalculate the child support obligation of an obligor who is incarcerated during the support period, the recalculation being retroactive to the date of incarceration. This bill also provides that prisoners and minor obligors are exempt from various fees and costs that may be collected by the Department of Social Services in enforcing support obligations. This bill further provides that reductions in the child support arrearages owed by prisoners and minor obligors should be granted for timely payments of support.

A BILL to amend and reenact §§ 20-108.1, 20-108.2, 63.2-1921, 63.2-1952, and 63.2-1960 of the Code of Virginia, and to amend the Code of Virginia by adding in Article 10 of Chapter 19 of Title 63.2 a section numbered 63.2-1961, relating to prisoners' responsibility for child support.

073169828

Impact Statements

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. 981 Involuntary commitment; county police department to provide transportation.

Patron: Edwards

Involuntary commitment; transportation.  Provides that if the law-enforcement agency designated in a temporary detention order to provide transportation is a town agency and there is no town officer reasonably available to transport the person the magistrate shall specify in the order that the county police department or sheriff provide the transportation.

A BILL to amend and reenact § 37.2-810 of the Code of Virginia, relating to involuntary commitment; persons in the temporary detention process.

073088728

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. 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. 1041 Adoption laws; administrative changes.

Patron: O'Brien

Adoption laws; administrative changes.  Changes the adoption laws to bring them up to date with the amendments made last session. Makes the change regarding notice of the entrustment and adoption from 21 to 15 days consistent throughout the adoption statutes and clarifies that if the putative father's identity is reasonably ascertainable, he must be noticed as the Putative Father Registry dictates.

A BILL to amend and reenact §§ 63.2-903, 63.2-1202, 63.2-1212, 63.2-1213, 63.2-1222, 63.2-1223, 63.2-1233, and 63.2-1241 of the Code of Virginia, relating to technical changes in the adoption laws.

076055784

Impact Statements

S.B. 1042 Towing and recovery operators; exemption from liability when rendering emergency assistance.

Patron: O'Brien

Persons rendering emergency assistance; exemption from liability; towing and recovery operators. Provides that towing and recovery operators in compliance with Chapter 28 (§ 46.2-2800 et seq.) of Title 46.2 are exempt from liability when they are providing assistance upon the request of any police agency, fire department, rescue or emergency squad, or other governmental agency in the event of an accident or other emergency.

A BILL to amend and reenact § 8.01-225 of the Code of Virginia, relating to towing and recovery operators; exemption from liability.

079082784

S.B. 1045 Immigration; powers of law-enforcement officers by agreement with Department of Homeland Security.

Patron: O'Brien

Immigration; powers of law-enforcement officers.  Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security. The bill also allows the Department of Corrections to receive any person into a state or local facility committed under the authority of the United States.

A BILL to amend and reenact §§ 15.2-530, 15.2-1704, 15.2-1726, and 52-8 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 53.1-21.1, relating to immigration; powers of law-enforcement officers.

073324105

Impact Statements

S.B. 1052 Emergency custody order; authorizes sheriffs and sheriffs' deputies to execute orders.

Patron: Edwards

Emergency custody order; issuance and execution. Authorizes sheriffs and sheriffs' deputies to execute emergency custody orders.

A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to issuance and execution of emergency custody orders.

074390728

S.B. 1066 Bond or recognizance; appeal from order denying bail or fixing terms thereof.

Patron: McDougle

Appeal from order denying bail or fixing terms of bond or recognizance.  Provides that when there exists a rebuttable presumption against bail pursuant to § 19.2-120 and the court issues an order granting bail or conditions of recognizance, then upon motion by the attorney for the Commonwealth, the court shall stay the order, pending appeal by the Commonwealth.

A BILL to amend and reenact § 19.2-124 of the Code of Virginia, relating to appeal by Commonwealth from order denying bail or fixing terms of bail or recognizance.

070725766

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. 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. 1178 Confidentiality records; law-enforcement agency not required to obtain court order to inspect.

Patron: Stolle

Department of Juvenile Justice records; confidentiality.  Deletes the requirement that a law-enforcement agency, attorney for the Commonwealth, school administration, or probation office having a legitimate interest in the case, the juvenile, or the work of the court obtain a court order to inspect social, medical, psychiatric, and psychological reports and records of children who are or have been before the court, under supervision, receiving services from a court service unit, or committed to the Department of Juvenile Justice.

A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to Department of Juvenile Justice; confidentiality of records.

073094820

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. 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

Impact Statements

S.B. 1222 Self defense; person is justified using physical force when person enters dwelling unlawfully.

Patron: Puckett

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 to 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.

074783792

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. 1235 Attorneys-in-fact; death of principal.

Patron: Obenshain

Attorneys-in-fact; death of principal.  Clarifies that challenges may be made to actions of an attorney-in-fact and discovery may be obtained after the death of the principal. This bill is a recommendation of the Boyd Graves Conference.

A BILL to amend and reenact §§ 11-9.6 and 37.2-1018 of the Code of Virginia, relating to challenges to attorneys-in-fact made after the death of the principal.

073031200

S.B. 1244 Custody and visitation cases; locality may assess a fee in addition to filing fee charged.

Patron: Herring

Filing fees; custody and visitation cases.  Provides that in addition to the filing fee charged in custody or visitation cases brought in the juvenile and domestic relations district court set forth in § 16.1-69.48:5, a locality may also assess a fee pursuant to § 42.1-70, as part of the costs incident to each action filed, a sum for the establishment and maintenance of a law library in the locality. Currently, § 16.1-69.48:5 precludes the charging, in custody or visitation cases brought in the juvenile and domestic relations district courts, of any fees in addition to the filing fee set forth therein.

A BILL to amend and reenact § 16.1-69.48:5 of the Code of Virginia, relating to filing fees in custody or visitation cases in juvenile and domestic relations district courts.

070047738

S.B. 1269 Psychiatric Inpatient Treatment of Minors Act; authorization of certain judges & special justices.

Patron: Herring

Psychiatric Inpatient Treatment of Minors Act; special justices. Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

074464738

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 Sentencing proceeding; victim impact testimony may be presented to jury.

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. 1347 Guardian ad litem; petition for appointment thereof examined by physician before being appointed.

Patron: Ruff

Guardian ad litem; evaluation for appointment.  Provides that the subject of a petition for appointment of a guardian ad litem must be examined by a physician or psychologist before a guardian is appointed.

A BILL to amend and reenact § 37.2-1005 of the Code of Virginia, relating to evaluations for appointing a guardian ad litem.

079244812

S.B. 1355 Driving under influence of alcohol; plea agreements in case resulting in physical injury to victim.

Patron: O'Brien

Driving while intoxicated; plea agreements.  Provides that, in a case brought pursuant to § 18.2-266 (driving while intoxicated), which resulted in physical injury to a victim, an attorney for the Commonwealth shall not enter into a plea agreement with a defendant that would allow the defendant to plead guilty to an offense not related to his intoxication without the consent of the victim.

A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to plea agreements in cases of driving while intoxicated that resulted in bodily injury.

079228784

S.B. 1357 Administrative subpoena; issued for records of electronic communication service, etc.

Patron: Obenshain

Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth and law-enforcement officers have the authority to issue administrative subpoenas to obtain records and information from electronic communication service and remote computing service providers. This bill also provides that search warrants may be issued to obtain records and information from service providers located in and outside the Commonwealth and that warrants issued by other states for providers whose principal place of business is in the Commonwealth will be enforced in the Commonwealth.

A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-10.2 and 19-56.2, relating to administrative subpoenas and warrants for providers of electronic communication services or remote computing services.

073291105

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. 1397 Audio and audio-visual recordings; clarifies penalty language for unlawful commercial production of.

Patron: McDougle

Commercial production of unlawful audio and audio-visual recordings.  Clarifies penalty language in the law proscribing the commercial production of unlawful audio and audio-visual recordings.

A BILL to amend and reenact § 59.1-41.6 of the Code of Virginia, relating to penalty for sale of unlawful sound or audio-visual recordings; penalty.

077022766

S.B. 1401 Motor vehicle stops; law-enforcement officer to inform person of reason therefor.

Patron: Marsh

Motor vehicle stops.  Requires a law-enforcement officer to inform the person stopped of the reason for the stop.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-936.1, relating to motor vehicle stops.

070558756

S.B. 1405 Constitutional rights; inquiries into exercise thereof.

Patron: Hanger

Inquiries into the exercise of constitutional rights; civil penalty. Prohibits any person from inquiring of a minor or mentally incompetent person as to the exercise of constitutionally protected rights, such as the exercise of religion or the right to keep and bear arms, by the person's family or household for purposes of statistical development or to justify the provision of social services by a person not retained by the parent or legal guardian. A violation is subject to a civil penalty not to exceed $100. The section provides for certain exemptions from the prohibition.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of Title 18.2 a section numbered 18.2-511.1, relating to inquiries into the exercise of constitutional rights; civil penalty.

076568732

S.B. 1421 Admission to bail; persons not lawfully present in United States.

Patron: Herring

Criminal procedure; admission to bail; persons not lawfully present in the United States; presumption.  Adds a presumption, subject to rebuttal, against admitting to bail any person who commits a felony while not lawfully present in the United States.  Requires judicial officers, to the extent feasible, to verify with the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security prior to a bail hearing whether a person is a citizen or is otherwise lawfully present in the United States.

A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to admission to bail.

079851738