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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 7, 2007
Time and Place: Wednesday February 7, 2007 1/2 hour after adjournment.

H.B. 1652 Smoking; guilty of a misdemeanor if in certain proximity to oxygen source in health care facility.

Patron: Armstrong

Smoking in proximity to hospital oxygen source; penalty.  Provides that any person who smokes or uses an open flame within 25 feet of an oxygen source in a health care facility when the area is posted as an area where smoking and open flame are prohibited is guilty of a Class 2 misdemeanor.

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 smoking in proximity to an oxygen source; penalty.

073028216

Impact Statements

H.B. 1723 'Year 2000' references; eliminates references to problems arising therefrom.

Patron: Peace

"Year 2000" References.  Repeals civil liability and damage provisions that were enacted in 1999 in anticipation of "Year 2000" conversion problems.

A BILL to amend and reenact § 8.01-195.3 of the Code of Virginia and to repeal §§ 8.01-226.6, 8.01-227.1 through 8.01-227.3, 8.01-418.3, and 15.2-108 of the Code of Virginia, relating to "year 2000" references.

072089454

H.B. 1735 Nonsuits; dismissal of actions thereby.

Patron: Fralin

Nonsuits; notice required. Provides that in addition to the first nonsuit that may be taken as a matter of right, the court may allow additional nonsuits in a cause of action upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any unrepresented party. Currently, there is no requirement that such notice be provided if a court chooses to allow additional nonsuits. The bill also provides that, when suffering a nonsuit, the party shall inform the court if the cause of action has been previously nonsuited. A court order allowing an additional nonsuit shall indicate the number and dates of any previous nonsuits as well as the court in which any previous nonsuit was taken. 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 the dismissal of actions by nonsuit.

076099302

H.B. 1785 Puncturing motor vehicle tires; allows law-enforcement officer to utilize devices designed therefor.

Patron: Cosgrove

Crimes; devices for puncturing motor vehicle tires.  Authorizes law-enforcement officers to utilize devices designed to puncture motor vehicle tires to end pursuits without being subject to the current prohibition.

A BILL to amend and reenact § 18.2-147.2 of the Code of Virginia, relating to devices for puncturing motor vehicle tires.

074661276

H.B. 1787 Public officials, etc.; civil immunity from lawsuit by probationers assigned to recycling duty.

Patron: Kilgore

Civil immunity; recycling duties.  Provides civil immunity for public officials and private volunteers from a lawsuit by probationers who are assigned recycling duties at landfills, garbage transfer sites, and other public waste disposal systems.

A BILL to amend and reenact § 8.01-226.8 of the Code of Virginia, relating to civil immunity for public officials and private citizens participating in a recycling  program for probationers.

078289372

H.B. 1797 Injuries to persons, property or wrongful death; removes limiting tort language.

Patron: Griffith

Effect of covenant not to sue; contribution.  Applies § 8.01-35.1 to all injuries to persons or property or wrongful death and removes the limiting tort language.

A BILL to amend and reenact § 8.01-35.1 of the Code of Virginia, relating to the effect of covenants not to sue.

074316308

H.B. 1838 Irrevocable trusts; trustee's duty to inform and report.

Patron: Fralin

Trusts; trustee's duty to furnish information to beneficiary. Clarifies that if a trustee has a good faith belief that furnishing information to a beneficiary would be contrary to the purposes of the settlor he shall not be subject to removal or other sanctions.

A BILL to amend and reenact § 55-548.13 of the Code of Virginia, relating to a trustee's duty to inform and report.

077217302

H.B. 1840 Lead-based paint; landlord or property owner to notify tenant in writing that report is available.

Patron: Kilgore

Lead-based paint report; tenant.  Requires a landlord or property owner to notify the tenant in writing that the full lead-based report is available upon request.

A BILL to amend and reenact § 8.01-226.7 of the Code of Virginia, relating to providing a tenant a lead-based paint report.

078285372

H.B. 1899 Newspapers; legal notices or publications.

Patron: Albo

Legal notices or publications; newspapers.  Provides that a newspaper that does not have a second-class mailing permit does not need to have a bona fide list of paying subscribers before a court can grant the authority for the newspaper to publish ordinances, resolutions, notices, or advertisements required by law to be published in a newspaper. Currently, such newspapers are required to have a bona fide list of paying subscribers before such authority can be granted.

A BILL to amend and reenact § 8.01-324 of the Code of Virginia, relating to newspapers that may be used for legal notices and publications.

071965204

Impact Statements

H.B. 1909 Deeds; responsibility of attorney or party who prepares recordation.

Patron: Albo

Recordation of deeds.  Places the responsibility of complying with § 17.1-223 on the attorney or party who prepares the writing for recordation and also states that the same party remove the social security number from the writing prior to the instrument being submitted for recordation.

A BILL to amend and reenact § 17.1-223 of the Code of Virginia, relating to recordation of deeds.

078812204

H.B. 1922 Venue; change by court, who may bring motion.

Patron: Griffith

Change of venue by court; who may bring motion.  Allows any party to move the court for a change of venue and any party to oppose such motion. Also states that the standard of good cause shown for such motion shall include an attempt to comply with the laws of another state or the United States.

A BILL to amend and reenact § 8.01-265 of the Code of Virginia, relating to change of venue by the court; who may bring action.

078342308

H.B. 1923 Sex offender registry; not guilty by reason of insanity.

Patron: Griffith

Sex offender registry; not guilty by reason of insanity.  Provides that defendants found not guilty by reason of insanity or in the custody of the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services, or on conditional release on or after July 1, 2007, for an offense requiring registration in the Sex Offender and Crimes Against Minors Registry must register.

A BILL to amend and reenact § 9.1-901 of the Code of Virginia, relating to sex offender registry; persons found not guilty by reason of insanity; penalty.

075127308

Impact Statements

H.B. 2029 Victim notification; may be made through Statewide VINE System or other similar electronic system.

Patron: Sherwood

Victim notification. States that victim notification currently required by to be made by the Department of Corrections and local and regional jails may be made through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system.

A BILL to amend and reenact §§ 19.2-11.01, 53.1-133.02 and 53.1-160 of the Code of Virginia, relating to electronic victim notification.

075031504

H.B. 2068 Children; penalty for sexual abuse against child.

Patron: Cosgrove

Sexual battery; penalty.  Provides that it is a Class 1 misdemeanor for an adult to, with lascivious intent, commit sexual abuse against a child 13 years of age or older but under 15 years of age.

A BILL to amend and reenact § 9.1-902 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 18.2-67.4:2, relating to indecent liberties with children; penalty.

077814276

Impact Statements

H.B. 2115 Pro Hac Vice Fund; created.

Patron: Putney

Pro Hac Vice Fund; out-of-state-attorneys. Establishes the Pro Hac Vice Fund as a special, nonreverting fund comprised of fees collected for applications to associate counsel (out-of-state attorneys). Moneys in the Fund are to be used by the Supreme Court for improving the administration of justice. The fee, under new Rule 1A:4, will be $250.

A BILL to amend and reenact § 17.1-328 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 17.1-205, relating to fee for application of out-of-state attorney; fund for the administration of justice.

070718160

Impact Statements

H.B. 2175 Children; broadens list of sex offenses prohibiting proximity thereto.

Patron: BaCote

Sex offenses prohibiting proximity to children; penalty.  Adds publicly operated recreation centers and community center facilities serving children to those places where a person convicted of certain sexual offenses defined  as "sex offenses prohibiting proximity to children" is prohibited from loitering within 100 feet of.

A BILL to amend and reenact §§ 18.2-10, 18.2-370.2, 18.2-370.3 and 18.2-370.4 of the Code of Virginia, relating to sex offenses prohibiting proximity to children; penalties.

077817222

Impact Statements

H.B. 2244 Unlawful detainer actions; bad faith by tenant.

Patron: Howell, A.T.

Unlawful detainer actions; tenant's intent to cause injury.  Provides for a shorter period of time (15 days) for an initial hearing on an unlawful detainer action filed to terminate a tenancy pursuant to the Virginia Residential Landlord Tenant Act, where the plaintiff files a sworn affidavit stating (i) that the tenant has prior knowledge that he unlawfully detaining the plaintiff's property, and (ii) that the tenant is maliciously and willfully continuing the unlawful detainer intending to injure the plaintiff.

A BILL to amend and reenact § 8.01-126 of the Code of Virginia, relating to unlawful detainer actions; bad faith by tenant.

077203326

H.B. 2251 Uniform Trust Code; public notice when modifying or terminating charitable trusts .

Patron: Waddell

Uniform Trust Code; charitable trusts; public notice. Provides that notice by publication shall be given to the general public when there is a court proceeding to modify or terminate a charitable trust or to sell its real estate, in order to give members of the public the opportunity to share their views with the Attorney General. Failure to give notice is not jurisdictional but gives the Attorney General the right to reopen the proceeding for one year following entry of final judgment.

A BILL to amend and reenact § 55-542.06 of the Code of Virginia, relating to Uniform Trust Code; certain notice requirements.

073113533

H.B. 2321 Larceny; person who uses a computer to commit fraud.

Patron: Gilbert

Larceny by computer; penalties. Provides that a person who uses a computer or computer network to (i) purchase or attempt to purchase property or services with a mode of payment he knows or has reason to know is false, fictitious, or is without the consent of the responsible payor, or (ii) sell or attempt to sell property he knows or has reason to know is stolen, has committed larceny by computer which is punishable as larceny.

 A BILL to amend the Code of Virginia by adding a section numbered 18.2-152.6:1, relating to larceny by computer; penalty.

077809306

Impact Statements

H.B. 2344 Sexual offenses; prohibiting entry of those convicted onto school property, penalty.

Patron: Bell

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.

077784134

Impact Statements

H.B. 2347 Capital murder; includes premeditated killing of witness in criminal case.

Patron: Gilbert

Capital murder of a witness in a criminal case; penalty.  Provides that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case is punishable as capital murder, a Class 1 felony.

A BILL to amend and reenact § 18.2-31 of the Code of Virginia, relating to capital murder of a witness in a criminal case; penalty.

077761134

Impact Statements

H.B. 2372 Senior Alert Program; created.

Patron: Dudley

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 a section numbered 15.2-1718.1 and 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. 

075878298

Impact Statements

H.B. 2395 Reformation of trusts; real property deeded to trust.

Patron: Armstrong

Effect of deeding property to trust.  Provides that deeds or other instruments that purport to convey or transfer real or personal property to a trust instead of to the trustee shall be deemed to have conveyed or transferred the property to the trustee as fully as if the property was conveyed or transferred directly to the trustee.

A BILL to amend and reenact § 55-548.10 of the Code of Virginia, relating to function of a deed conveying property to trustees.

077029216

H.B. 2419 Magistrate, state; requires leave of court for party in litigation to subpoena to appear.

Patron: Kilgore

Civil remedies; summons for witness issued. Requires leave of court for a party in litigation to subpoena a state magistrate to appear.

A BILL to amend and reenact § 8.01-407 of the Code of Virginia, relating to how summons for a witness is issued; leave of court to summons a state magistrate.

073381105

H.B. 2425 District court; right to remove case to circuit court eliminated.

Patron: Griffith

Right to remove case to circuit court eliminated. Eliminates the right to remove an action from the general district court to the circuit court. An appeal bond is required to be posted within 30 days of judgment except for an appeal of an unlawful detainer.  Indigent persons do not have to post an appeal bond except in trespass, ejectment or any action involving the recovering of rents.

A BILL to amend and reenact §§ 16.1-69.55, 16.1-77.1, 16.1-77.2, 16.1-107, 16.1-122 and 55-232 of the Code of Virginia and to repeal §§ 8.01-127, 8.01-127.1 and 16.1-92 of the Code of Virginia, relating to the elimination of the right to remove a matter from the general district court to the circuit court.

076067308

H.B. 2517 Child abuse or neglect; criminal history records check on individuals being investigated.

Patron: Iaquinto

Child abuse or neglect; criminal history records; dissemination of such information.  Authorizes dissemination of criminal history record information and search results from the child abuse and neglect registry of individuals and other adult household members to support removal of a child during an evaluation for placement or to support an investigation of child abuse or neglect. Further authorizes dissemination of such information to aid criminal prosecution of child abuse, neglect, or related crimes.

A BILL to amend and reenact §§ 19.2-389 and 63.2-1505 of the Code of Virginia, relating to investigations of child abuse or neglect; criminal history records; dissemination of such information.

077223342

Impact Statements

H.B. 2521 Failure to serve process; court may dismiss action if process has not been served within one year.

Patron: Iaquinto

Dismissal for failure to serve process.  Provides that a court may dismiss an action if process has not been served within one year. The court may give notice to the plaintiff 30 days before ordering the dismissal to provide him an opportunity to show that service was timely effected or that due diligence was exercised to have service timely effected. If such a showing is made, the case will remain on the court's docket.

A BILL to amend and reenact § 8.01-335 of the Code of Virginia, relating to dismissal of actions for the failure to effect service of process within one year.

078904342

H.B. 2528 Garnishment; exemption of child support payments therefrom.

Patron: Iaquinto

Garnishment; child support payments.  Provides that child support payments received by a parent for the support of a child in his custody are exempt from execution, attachment, levy, garnishment, or other legal process. This bill does not affect the ability to garnish the income of a child support obligor.

A BILL to amend and reenact §§ 8.01-512.4 and 20-108.1 of the Code of Virginia, relating to exempting child support payments from garnishment.

078908342

H.B. 2579 Mechanic's lien; adds certification of mailing therefor by general contractor.

Patron: Janis

Mechanic's lien; required statements.  Adds a certification of mailing to § 43-5, the statutory form for a memorandum for mechanic's lien claimed by a general contractor. This bill also adds a statement to the statutory mechanic's lien forms for general contractors, subcontractors (§ 43-8), and sub-subcontractors (§ 43-10) that provides that it is the intent of the claimant submitting the form to claim the benefit of a lien. These statements and the certification are required to be in a mechanic's lien memorandum under § 43-4.

A BILL to amend and reenact §§ 43-5, 43-8, and 43-10 of the Code of Virginia, relating to the form of a mechanic's lien memorandum.

070035348

H.B. 2580 Mechanic's liens; certification of mailing for certain contractors.

Patron: Janis

Mechanic's liens; certification of mailing.  Clarifies that subcontractors and sub-subcontractors are not subject to the same requirement as are general contractors to file along with a memorandum of lien a certification of mailing of a copy of the memorandum of lien on the owner of the property at the owner's last known address.

A BILL to amend and reenact § 43-4 of the Code of Virginia, relating to mechanic's liens; certification of mailing.

070033348

H.B. 2653 Firearms; illegal conveyance.

Patron: Lingamfelter

Illegal conveyance of firearms; penalty.  Makes it a Class 6 felony to solicit or otherwise entice a firearms dealer to illegally convey a firearm.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to illegal conveyance of firearms; penalty.

075848105

Impact Statements

H.B. 2659 Writ on judgement; sheriff to post copy thereof to recover specific property on party' door.

Patron: Marsden

Writ to recover property; posting on door. Allows the sheriff to post a copy of a writ on judgment to recover specific property on a party's door to effectuate service of property.

A BILL to amend and reenact § 8.01-470 of the Code of Virginia, relating to the posting of a writ to recover property.

074444390

H.B. 2750 Capital murder; premeditated killing of a judge or justice.

Patron: Hurt

Capital murder of a judge; penalty. Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties is punishable as capital murder, a Class 1 felony.

A BILL to amend and reenact § 18.2-31 of the Code of Virginia, relating to capital murder of a justice or judge; penalty.

070733340

Impact Statements

H.B. 2752 Amber Alert Program; use of certain technology.

Patron: Hurt

Virginia Amber Alert Program; use of certain technology.  Requires the State Police, where appropriate and when an existing system is available, to use automatic dialing-announcing device technology to alert residents in a particular geographic area of an Amber Alert. The calls would be targeted to the area where the abducted child was most recently seen. An automatic dialing-announcing device is one that selects and dials telephone numbers to disseminate a prerecorded or synthesized message.

A BILL to amend and reenact § 52-34.3 of the Code of Virginia, relating to the Virginia Amber Alert Program; use of technology.

075884340

Impact Statements

H.B. 2765 Construction; slayer statute.

Patron: Hurt

Construction; slayer statute. Clarifies that, in the event that federal preemption causes a person to benefit who should not, that the improper beneficiary shall bestow the benefit, either the item itself or its value, on the proper beneficiary.

A BILL to amend and reenact § 55-414 of the Code of Virginia, relating to acts barring property rights; slayer statute.

076069372

H.B. 2776 Sex offender counseling offices; prohibited within residential areas.

Patron: Athey

Sex offender counseling offices adjacent to residential areas.  Prohibits counseling offices and similar facilities that provide services to convicted sex offenders from operating within residential areas.

 

A BILL to prohibit the location of certain sex offender counseling offices adjacent to residential areas.

075177220

Impact Statements

H.B. 2788 Lieu of posting bond; adds surety bonds, etc. from attorney's escrow account to type of payment.

Patron: Joannou

Money to be deposited in lieu of bond.  Adds surety bonds, bank checks, and drafts from an attorney's escrow account to the type of payment that would be accepted in lieu of posting a bond under § 16.1-108.  Currently only cash or a check from the court is accepted.

A BILL to amend and reenact § 16.1-108 of the Code of Virginia, relating to the form of money to be deposited in lieu of bond.

073188352

H.B. 2829 Doctrine of worthier title; abolished.

Patron: Iaquinto

Doctrine of worthier title abolished.  Abolishes the doctrine of worthier title as a rule of law and as a rule of construction.

A BILL to amend the Code of Virginia by adding a section numbered 55-14.1, relating to the abolition of the doctrine of worthier title.

076076372

H.B. 2830 Divorce; revocation of death benefits, federal preemption.

Patron: Gilbert

Revocation of death benefits by divorce; federal preemption.  Provides that if federal law preempts the payment of a death benefit, the person whom the benefit was paid to because of federal preemption of the statute is liable for the amount received to the person who would have been paid had the statute not been preempted.

A BILL to amend and reenact § 20-111.1 of the Code of Virginia, relating to federal law preempting payment of death benefit.

076068372

H.B. 2831 Transfers to minors act; enables custodian of trust to transfer property without a court order.

Patron: Gilbert

Transfers to minors act; custodial trusts.  The bill enables the custodian of a trust benefiting a minor to transfer property, after the minor has reached age 21, to either a qualified minor's trust or other trust that the benefits the minor solely and provides him a general power of appointment.

A BILL to amend and reenact §§ 31-37 and 31-50 of the Code of Virginia, relating to trusts held for the benefit of minors.

076073372

H.B. 2832 Spendthrift trust; related duties.

Patron: Waddell

Spendthrift trust; related duties.  The changes to § 55-541.05 make the statute more consistent with other related code sections; changes to §§ 55-545.01, 55-545.03 and 55-545.06 make it clear that an exception creditor cannot reach a beneficiary's interest even if the instrument contains a spendthrift provision, limit an exception creditor's access to a beneficiary's benefits, and define mandatory distribution, respectively.

A BILL to amend and reenact §§ 55-541.05, 55-545.01, 55-545.03, and 55-545.06 of the Code of Virginia, relating to mandatory rules regarding spendthrift trusts.

076077372

H.B. 2833 Augmented estate; inclusion of insurance policies.

Patron: Waddell

Augmented estate; inclusion of insurance policies.  Clarifies that, notwithstanding what other statutes state regarding insurance policies and other benefits, they are to be included in the augmented estate. The bill is in response to the Supreme Court's opinion in Sexton v. Cornett.  

A BILL to amend and reenact §§ 64.1-16.1 and 64.1-16.2 of the Code of Virginia, relating to life insurance policy proceeds as part of the estate.

076079372

H.B. 2835 Attorney General; compromise and settlement of disputes.

Patron: Peace

Attorney General; compromise and settlement of disputes. In addition to making clarifying changes, increases from $50,000 to $250,000 the amount arising in a dispute, claim, or controversy involving the interests of the Commonwealth that the Attorney General may compromise and settle.

A BILL to amend and reenact § 2.2-514 of the Code of Virginia, relating to compromise and settlement of disputes.

073301105

H.B. 2836 Revocable trusts; validity thereof.

Patron: Peace

Validity of trust.  Corrects the numbering scheme of the statute to conform to the uniform trust law.

A BILL to amend and reenact § 55-546.04 of the Code of Virginia, relating to the validity of a revocable trust.

076078372

H.B. 2964 Motor vehicle; unlawful entry into.

Patron: Bell

Unlawful entry into a motor vehicle; penalties.  Makes it a Class 1 misdemeanor for a person to enter or remain within a motor vehicle knowing that he does not have permission of an owner, a lessee, or an authorized operator. There are exceptions for law-enforcement officers, lien holders, and persons removing abandoned vehicles.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-146.1, relating to unlawful entry into a motor vehicle; penalties.

073227232

H.B. 2978 Watercraft; maiming of another resulting from operating thereof while intoxicated.

Patron: Bell

Crimes; maiming of another resulting from operating a watercraft while intoxicated; penalty. Makes it a Class 6 felony to operate a watercraft or motorboat, while intoxicated in violation of § 29.1-738 or any local ordinance substantially similar thereto in a manner so gross, wanton, and culpable as to show a 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 provides for a five-year revocation of the privilege to operate a watercraft or motorboat.

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

077810232

Impact Statements

H.B. 3008 Uniform crime reports; shall be distributed in an electronic format.

Patron: Marsden

Uniform crime reports; shall be distributed in an electronic format.   States that Superintendent of State Police shall publish and distribute uniform crime reports in an electronic format to the General Assembly and office of the Governor; the availability of the reports shall be publicized to all law-enforcement agencies, attorneys for the Commonwealth and the courts.

A BILL to amend § 52-26 of the Code of Virginia relating to law-enforcement agencies.

079820390

Impact Statements

H.B. 3144 Lettner, Kimberly S.; authorized to retain her service pistol & shotgun for service to State Police.

Patron: Wardrup

Award of service pistol and shotgun to Captain Kimberly S. Lettner. Provides for the transfer to Captain Kimberly S. Lettner of her service pistol and shotgun.

A BILL to award a service pistol and shotgun to Captain Kimberly S. Lettner.

075862138