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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: February 5, 2007
Time and Place: Monday February 5, 2007 8:00 AM Senate Room A

S.B. 781 Private property; definition of public uses, report.

Patron: Cuccinelli

Eminent domain; definition of public uses.  Enacts two alternative definitions of the public uses for which private property may be taken, and provides for a November 2007 referendum at which voters may indicate which definition they prefer or vote to leave the law unchanged. If a majority of those voting vote in favor of one of the alternative definitions, it will take effect January 1, 2008.

A BILL to amend and reenact §§ 15.2-1800 and 15.2-1814 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 1-237.1, and to repeal § 15.2-1900 of the Code of Virginia, relating to eminent domain; definition of public uses; voter referendum.

075544720

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. 1037 Eminent domain; economic development.

Patron: O'Brien

Eminent domain; economic development.  Provides that in any instance in which a substantial purpose of a condemnation is economic development, a locality shall demonstrate that the condemnation is related to the redevelopment of an area that is at least two-thirds blighted.

A BILL to amend and reenact § 15.2-1900 of the Code of Virginia, relating to eminent domain; definition of public uses.

074701784

S.B. 1067 Volunteer assistant attorneys; adds City of Richmond to those localities with authority to appoint.

Patron: McDougle


Appointment of volunteer assistant attorneys for the Commonwealth.  Adds the City of Richmond to those localities with the authority to appoint volunteer assistant attorneys for the Commonwealth.

A BILL to amend and reenact the second enactment of Chapter 913 of the Acts of Assembly of 2000, relating to appointment of volunteer assistant attorneys for the Commonwealth.

071120766

S.B. 1068 Condemnation cases; jury selection.

Patron: McDougle

Condemnation cases; jury selection. Provides that jury selection in condemnation cases shall conform to the procedures established in Chapter 11 (§ 8.01-336 et seq.) of Title 8.01 and makes conforming changes to § 25.1-229. This bill also provides that jury commissioners shall determine the freeholder status of all qualified jurors. This bill is a recommendation of the Judicial Council.

A BILL to amend and reenact §§ 8.01-345, 8.01-346, and 25.1-229 of the Code of Virginia, relating to jury selection in condemnation cases.

070043160

S.B. 1096 Eminent domain; definition of public uses.

Patron: Obenshain

Eminent domain; definition of public uses.  Provides a definition of the term "public uses" mentioned in Article I, Section 11 of the Constitution of Virginia and specifies certain exceptions to this definition, including when the taking of land is for the primary purpose of (i) conferring financial gain on a private person, (ii) enhancing tax revenues, or (iii) furthering economic development or employment. The bill also clarifies that if the property to be taken is used in connection with the operation of a business, any business losses incurred must be included in determining just compensation and any damages for the landowner. The bill also provides that the power of eminent domain can only be used to take property to eliminate blight if the property in question is in fact blighted and serves to endanger the public health, safety, or welfare. The bill also provides that a landowner may be awarded reasonable costs, including attorney and appraisal fees, if the amount of just compensation and damages awarded to a landowner exceeds the amount of the final written offer made by the petitioner. Current law only permits an award of reasonable costs if the amount of just compensation and damages is 30 percent more than the amount of the final written offer and does not permit an award of attorney fees.

A BILL to amend and reenact §§ 15.2-1800, 15.2-1814, 25.1-230, 25.1-245, 36-27, and 36-50.1 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 1-237.1, and to repeal § 15.2-1900 of the Code of Virginia, relating to eminent domain; definition of public uses.

079079782

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. 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. 1203 Sexually violent predators; court may as an alternative that prisoner undergo physical castration.

Patron: Hanger

Sexually violent predators; civil commitment.  Provides that in the case of a prisoner who has been determined to be a sexually violent predator, when the only alternative is involuntary secure inpatient treatment, the court may, on petition of the prisoner, order, as an alternative to involuntary secure inpatient treatment, that the prisoner undergo physical castration and be placed on conditional release, in a manner and in accordance with terms and conditions developed by the Commissioner and the Department of Corrections.

A BILL to amend and reenact § 37.2-908 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 37.2-908.1, relating to conditional release of certain sexually violent predators.

079063732

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. 1296 Eminent domain; not to be used for purpose of economic development or to increase tax revenue.

Patron: Norment

Limitation on eminent domain; definition of public uses. States that eminent domain may not be used for the primary purpose of economic development or to increase tax revenue, although they may be incidental to the taking. No property may be transferred to a private party within five years of the taking unless it is offered for sale to the original owner and carves out an exception for public health and safety.

A BILL to amend the Code of Virginia by adding a section numbered 1-237.1, relating to eminent domain; definition of public uses. 

070403105

S.B. 1297 Condemnation action; requires owner to provide written report of appraisal.

Patron: Norment

Costs in a condemnation action; written appraisal report.  Requires an owner to provide a condemning party a written report of appraisal that complies with the requirements of the Uniform Standards of Professional Appraisal Practice to obtain costs and fees under § 25.1-245.

A BILL to amend and reenact § 25.1-245 of the Code of Virginia, relating to the owner receiving costs in condemnation action; written appraisal report.

073311105

Impact Statements

S.B. 1304 Eminent domain; definition of public uses.

Patron: Newman

Eminent domain; definition of public uses.  Provides a definition of public uses as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, and public corporations and public service companies. The bill states that public benefits or potential public benefits including economic development or private development, an increase in the tax base, tax revenues, employment, or general economic health and welfare shall not be considered when determining whether a use constitutes a public use.

A BILL to amend and reenact §§ 15.2-1800 and 15.2-1814 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 1-237.1, and to repeal § 15.2-1900 of the Code of Virginia, relating to eminent domain; definition of public uses.

078666776

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. 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

Impact Statements

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. 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. 1390 Eminent domain; definition of public uses.

Patron: Saslaw

Eminent domain; definition of public uses. Provides a definition of public uses as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, public corporations and public service companies. The bill states that the definition of public uses does not include the taking of land for the primary purpose of conferring a financial gain on a private person or increasing tax revenues.

A BILL to amend and reenact §§ 15.2-1800 and 15.2-1814 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 1-237.1, and to repeal § 15.2-1900 of the Code of Virginia, relating to eminent domain; definition of public uses.

076517816

Impact Statements

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

Impact Statements