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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 12, 2007
Time and Place: Monday February 12, 2007 Senate Room A 8:00 AM

H.B. 1680 Domestic assault case; unavailability of deferred proceedings for previously convicted felons.

Patron: Cosgrove

Unavailability of deferred proceedings in domestic assault cases for previously convicted felons. Provides that a person previously convicted of a felony offense against a person is not eligible for deferred proceedings in a domestic assault case unless the felony was committed more than 10 years prior to such consideration. Current law prohibits any consideration if a person has been convicted of an assault and battery type offense.

A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to unavailability of deferred proceedings in domestic assault cases for previously convicted felons.

078141276

H.B. 1738 Domestic assault warrants; issuance of emergency protective orders.

Patron: Fralin

Issuance of emergency protective orders with assault warrants.  The bill creates the presumption of further family abuse when there already exists or there is issued a warrant for domestic assault. Such presumption may be rebutted by the alleged abused person.

A BILL to amend and reenact § 16.1-253.4 of the Code of Virginia, relating to issuance of emergency protective orders contemporaneously with assault warrants; presumption of necessity of protective order.

073121302

H.B. 1739 Assault and battery; second and third offense against family or household member, penalty.

Patron: Fralin

Second offense of assault and battery against a family or household member; penalty.  Provides that the penalty for any person who commits a second offense of assault and battery against a family or household member within five years following a conviction of a prior such offense shall include a 30-day mandatory minimum term of incarceration and adds a six-month mandatory minimum sentence to the Class 6 felony for a third offense in 20 years. Assault and battery against a family or household member is a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-57.2 of the Code of Virginia, relating to second and third offense of assault and battery against a family or household member; penalty.

077021302

Impact Statements

H.B. 1770 Juveniles; destruction of fingerprints and photographs.

Patron: Cosgrove

Fingerprints and photographs of juveniles; destruction.  Provides that if a petition or warrant is not ultimately filed against a juvenile whose fingerprints are photographs are taken when the juvenile is taken into custody and charged with an act that, if committed by an adult, would be required to be reported to the Central Criminal Records Exchange, the fingerprints and photographs must be destroyed within 60 days.

A BILL to amend and reenact § 16.1-299 of the Code of Virginia, relating to fingerprints and photographs of juveniles.

074670276

H.B. 1777 Concealment of dead body; prohibition against, penalty.

Patron: Cosgrove

Prohibition against concealment of dead body; penalty.  Provides that any person who transports, secretes, conceals, or alters a dead body with malice and the intent to prevent detection of the death or the manner or cause of death is guilty of a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-323.02, relating to prohibition against concealment of dead body; penalty.

077020276

Impact Statements

H.B. 1793 Sexually abnormal offense; who may conduct mental evaluation of person convicted thereof.

Patron: Griffith

Who may conduct mental evaluation of a person convicted of a sexually abnormal offense.  Provides that a judge may order a defendant who is charged with a sexually abnormal offense to be examined by at least one psychiatrist or clinical psychologist or a state licensed clinical social worker who is certified as a sex offender treatment provider. Currently, the evaluation would have to be performed by a psychiatrist or psychologist only.

A BILL to amend and reenact § 19.2-301 of the Code of Virginia, relating to the mental examination of a person convicted of a sexually abnormal offense.

070425308

H.B. 1795 Identity theft; clarification in reference to person who may be victim thereof.

Patron: Griffith

Clarification in reference to person who may be victim of identity theft. Corrects possible reference to a fictitious person as a person who may be dead or alive.

A BILL to amend and reenact § 18.2-186.3 of the Code of Virginia, relating to clarification in reference to person who may be victim of identity theft.

075128308

H.B. 1800 Jurors; selection in condemnation cases.

Patron: Cosgrove

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.

076100276

H.B. 1864 Stalking; increases penalty for second conviction.

Patron: Wittman

Subsequent offenses of stalking; penalty.  Provides that a second stalking conviction occurring within five years (a Class 1 misdemeanor) is punishable by a mandatory minimum sentence of 30 days and that a third offense in five years or an offense during the pendency of a protective order is a Class 6 felony with a mandatory minimum sentence of 90 days.

A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to subsequent offenses of stalking and stalking while protective order in effect; penalties.

077819554

Impact Statements

H.B. 1890 Driver's license; driving after forfeiture of licensure for DUI conviction, penalty.

Patron: Albo

Third offense driving on a suspended license; penalty.  Clarifies that a conviction of a third offense in 10 years of driving on a license that has been suspended, revoked, or restricted because of a DUI-related offense is a Class 6 felony when such offenses are committed within the 10-year period. Current law could be interpreted to punish on the basis of the dates of convictions rather than dates the offenses were committed.

A BILL to amend and reenact § 18.2-272 of the Code of Virginia, relating to driving after forfeiture of license; penalty.

078019204

H.B. 1921 Extortion; withholding immigration document.

Patron: Griffith

Extortion by withholding immigration document.  Provides that any person who knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person is guilty of a Class 5 felony.

A BILL to amend and reenact § 18.2-59 of the Code of Virginia, relating to extorting money, etc., by withholding immigration document; penalty.

077798308

Impact Statements

H.B. 1982 Protective orders; increases penalty for second offense for violation thereof.

Patron: Lohr

Violation of provisions of protective orders; penalty.  Provides that the punishment for any person convicted of a second misdemeanor violation of a protective order, when the offense is committed within five years of a conviction for a prior offense, shall include a mandatory minimum term of confinement of 30 days. The bill also provides that any person convicted of a third offense (including some felony offenses), when the third such offense is committed within 20 years of the first conviction, is guilty of a Class 6 felony, and punishment shall include a mandatory minimum term of confinement of six months.

A BILL to amend and reenact §§ 16.1-253.2 and 19.2-120 of the Code of Virginia, relating to violation of provisions of protective orders; penalty.

077829382

Impact Statements

H.B. 1988 Concealed weapons; officer of State Police to carry while on active duty with reserve forces.

Patron: Cox

Carrying concealed weapons; deployed state troopers. Allows an officer of the Virginia State Police to carry a concealed weapon while on active duty with the reserve forces of the United States military. Such officers would be issued written proof of consultation and favorable review of the need to carry a concealed handgun that would serve as a concealed handgun permit while the officer is on active duty. The system is modeled on the process used to allow retired law-enforcement officers to carry concealed weapons without a concealed handgun permit.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed handguns; deployed state troopers.

075843284

H.B. 2053 Capital murder; sentencing of juvenile convicted thereof.

Patron: McQuigg

Sentencing of juvenile convicted of capital murder.  Provides that, upon a finding of guilty of any felony charge, the court shall fix the sentence of a juvenile defendant without the intervention of a jury. Currently, the Code provides for involvement of a jury in a capital case; however, since a person convicted of capital murder while a juvenile may not be put to death, this is no longer necessary.

A BILL to amend and reenact § 16.1-272 of the Code of Virginia, relating to sentencing of juvenile capital murderer.

077002412

H.B. 2055 Public transportation; prohibits trespassing thereon, penalty.

Patron: McQuigg

Trespassing on public transportation; penalty.  Provides that any person who enters or remains upon or within a vehicle operated by a public transportation service without the permission of, or after having been forbidden to do so by, the owner, lessee, or authorized operator thereof is guilty of a Class 4 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-160.2, relating to prohibition on trespassing on public transportation; penalty.

077835412

Impact Statements

H.B. 2058 Notaries public; rewrites law to include electronic notarization & details application requirements.

Patron: McQuigg

Notaries public. Rewrites the notary law to include electronic notarization and details the application and technology requirements for electronic notarization. These particular provisions become effective July 1, 2008. A list of prohibited acts for notaries is included (e.g., use of official seal to promote or oppose products, candidates, etc.; use of signature or seal on incomplete documents; committing fraud under the guise of an official act) that subject the notary to suspension, removal, or reprimand as under current law. The bill also increases the Secretary's fee for commissioning a notary from $25 to $35 and allows a fee of $35 for commissioning an electronic notary. The fee for notarizing a document remains at $5, and the fee for electronic notarization is not to exceed $25.

A BILL to amend and reenact §§ 2.2-409, 47.1-2, 47.1-3, 47.1-4, 47.1-5, 47.1-8, 47.1-9, 47.1-10, 47.1-11, 47.1-12, 47.1-13, 47.1-14, 47.1-16, 47.1-17, 47.1-18, 47.1-19, 47.1-20, 47.1-21, 47.1-22, 47.1-23, 47.1-25, and 47.1-30 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 47.1-7, by adding in Chapter 2 of Title 47.1 a section numbered 47.1-11.1, and by adding sections numbered 47.1-15 and 47.1-29.1; and to repeal §§ 47.1-32, 47.1-33, and 47.1-34 of the Code of Virginia, relating to public notaries; electronic public notaries; penalty.

077202412

Impact Statements

H.B. 2061 Appeal bonds; fees or costs shall not be assessed or collected for any appeal taken.

Patron: McQuigg

Appeal bonds. Provides that no service or filing fees shall be assessed or collected for any appeal from order denying bail or fixing terms of bond or recognizance.

A BILL to amend and reenact § 19.2-124 of the Code of Virginia, relating to appeal bonds.

070429412

Impact Statements

H.B. 2073 District and juvenile courts; failure to post bond, etc. will result in withdrawal of appeal.

Patron: Armstrong

District court appeal bond; juvenile courts. Provides that in appeals from district court decisions, including juvenile and domestic relations district court decisions, where an appeal bond is required, the failure to post such a bond or to cure defects or irregularities in a posted bond will result, if such defect is at the general district court, 30 days for the party to cure such defect. If at the circuit court, then the file shall be remanded to the general district court. This bill is a recommendation of the Boyd Graves Conference.

A BILL to amend and reenact §§ 16.1-109 and 16.1-296 of the Code of Virginia, relating to appeal bonds in cases from district and juvenile courts.

077242200

H.B. 2076 Police & court records; allows expungement hearing to occur immediately following acquittal, etc.

Patron: Armstrong

Expungement of police and court records. Provides for 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.

077729216

H.B. 2090 Lingebach, Walter S.; amends previous legislation providing relief thereto for property purchase.

Patron: Tata

Claims; Walter S. Lingebach. Amends previous legislation providing relief to Walter S. Lingebach. In 1971, Mr. Lingebach purchased real property in Northumberland County pursuant to the treasurer's delinquent tax sale. Under law at the time, Mr. Lingebach would have been eligible after a number of years to make application to obtain clear title; however, a statute that would have permitted him to continue the process to completion was repealed in 1984 pursuant to the recodification of Title 58 of the Code of Virginia because it was deemed "obsolete." The amendment allows Mr. Lingebach to institute a proceeding in the circuit court of Northumberland County to obtain a deed to such property in accordance with the provisions of the former § 58-1027 or former §§ 58-1029 through 58-1117 and extends the sunset provision from July 1, 2007, to July 1, 2008. This bill also contains an emergency clause.

A BILL to amend and reenact § 1 of the first enactment and the second enactment of Chapter 10 of the Acts of Assembly of 2005, relating to Walter S. Lingebach.

071981524

EMERGENCY

H.B. 2106 Concealed handgun permits; certain applicants not required to submit fingerprints.

Patron: Carrico

Concealed handgun permits; fingerprinting.  Clarifies that a locality may only require a concealed handgun permit applicant to submit fingerprints when applying for a new permit, but shall not require an existing permit holder to submit fingerprints when renewing a permit.

A BILL to amend and reenact §§ 15.2-915.3 and 18.2-308 of the Code of Virginia, relating to concealed handgun permits; fingerprinting.

075905264

H.B. 2126 Telephone party lines; repeal of punishments for misuse.

Patron: Hugo

Repeal of punishments for misuse of telephone party lines. Repeals punishments for misuse of telephone party lines.

A BILL to amend and reenact § 18.2-426 of the Code of Virginia, and to repeal §§ 18.2-424 and 18.2-425 of the Code of Virginia, relating to the punishment for misuse of telephone party lines; penalty.

077770332

H.B. 2144 Judgments; establishes procedure for satisfaction thereof in general district court.

Patron: Kilgore

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.

070722160

H.B. 2203 Subaqueous lands; parties in City of Norfolk in 2006 not to pay fair market value thereof.

Patron: Wardrup

Conveyance of subaqueous lands.  Clarifies that the three parties who were authorized to receive conveyances of parcels of subaqueous lands located in the City of Norfolk in 2006 will not have to pay fair market value for these properties.  The bill exempts them from having to pay fair market value because they have paid local real estate taxes on these parcels along with the adjacent upland properties since they have owned the properties.

A BILL to amend Chapter 884 of the Acts of Assembly of the 2006 Regular Session by adding sections numbered 4 and 5, relating to the conveyance of subaqueous land.

072531536

Impact Statements

H.B. 2231 Concealed handguns; allows certain State Police officer who leaves in good standing to carry.

Patron: Nutter

Carrying concealed handguns; State Police officers.  Allows a State Police officer who leaves the Department of State Police in good standing, if such officer goes to a position in a criminal justice agency as a constitutional officer, to carry a concealed handgun with written proof of consultation and favorable review from the Department. This is the same standard that applies to retired law-enforcement officers in the Commonwealth.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed handguns; State Police officers.

075826436

H.B. 2266 Driver's license, restricted; person may drive in pursuit of health care services for his spouse.

Patron: Ebbin

Limits on driving on a restricted permit.  Provides that a person with a restricted permit, may drive in pursuit of health care services for his spouse. Currently, the restriction is narrower, allowing such person to drive an elderly parent for a medical necessity and to drive minor children to medical care facilities.

A BILL to amend and reenact § 18.2-271.1 of the Code of Virginia, relating to permissible criteria for driving on a restricted license.

078185300

H.B. 2318 Sentencing proceeding; victim impact testimony may be presented to jury.

Patron: Welch

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 prior criminal history and punishments imposed on the defendant for prior convictions to be presented to the jury (as opposed to current law, which allows "prior convictions").

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

070426552

H.B. 2332 Obstruction of justice; person who threatens attorney of State guilty of felony.

Patron: Gilbert

Crimes; obstruction of justice; penalty.  Provides that if any person by threats of bodily harm or force knowingly attempts to intimidate or impede an attorney for the Commonwealth lawfully engaged in his duties as such, he is guilty of a Class 5 felony.

A BILL to amend and reenact § 18.2-460 of the Code of Virginia, relating to obstructing justice; penalty.

078564306

Impact Statements

H.B. 2348 Triggerman rule; redefinition thereof.

Patron: Gilbert

Redefinition of the triggerman rule.  Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing.

A BILL to amend and reenact § 18.2-18 of the Code of Virginia, relating to redefinition of the "triggerman rule."

077815306

Impact Statements

H.B. 2349 Conservators of peace, special; strikes provision that they have authority in any city or county.

Patron: Sherwood

Special conservators of the peace. Provides that a special conservator of the peace appointed for a corporation may, for good cause shown, have jurisdiction in the circuit where the appointment is made and on any other property owned by the corporation outside of the jurisdiction.

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

075901504

H.B. 2364 Magistrates; required to deliver copy of any criminal warrant issued at request of citizen to State.

Patron: Scott, E.T.

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

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

074281498

Impact Statements

H.B. 2365 Dog collar; malicious removal thereof, penalty.

Patron: Scott, E.T.

Larceny of a dog collar; penalty.  Provides that any person who maliciously removes an electronic radio transmitting collar from a dog is guilty of a Class 1 misdemeanor; however, if the animal wearing the collar is lost or killed as a result of the collar theft, the person is guilty of a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-97.1, relating to malicious removal of a dog collar; penalty.

077805498

Impact Statements

H.B. 2368 Criminal cases; increases compensation of experts.

Patron: Nutter

Compensation of experts in criminal cases. Increases the maximum fee from $400 to $750 that the court may pay for professional services rendered by each psychiatrist, clinical psychologist or other expert appointed by the court to render professional service in a criminal case.

A BILL to amend and reenact § 19.2-175 of the Code of Virginia, relating to compensation of experts in criminal cases.

078204136

Impact Statements

H.B. 2369 Insanity; persons acquitted by reason thereof.

Patron: Brink

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.

078208136

H.B. 2410 Amber Alert Programs; amends definition of an abducted child to include secondary school students.

Patron: Athey

Virginia Amber Alert Program.  Amends the definition of an "abducted child" to include a person who is not an emancipated minor or who is enrolled in a secondary school.

A BILL to amend and reenact §§ 52-34.1 of the Code of Virginia, relating to Amber Alerts; secondary school students.

077039220

Impact Statements

H.B. 2415 Expert witness certifications; service of process.

Patron: Athey

Certification of expert witnesses; service of process; medical malpractice.  Clarifies that when the plaintiff requests service of process or requests the defendant to accept service of process, he is certifying that he has obtained an expert opinion that the defendant deviated from the applicable standard of care. The certifying expert's identity or qualifications shall not be discoverable.

A BILL to amend and reenact §§ 8.01-20.1, 8.01-50.1, and 16.1-83.1 of the Code of Virginia, relating to service of process and expert witness certification.

075248220

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. 2423 Criminal juror; information confidential.

Patron: Griffith

Criminal juror information confidential. Provides that any personal information concerning a member of a jury in a criminal trial shall be sealed by the court at the conclusion of the trial and shall be released only upon motion for good cause shown, with restrictions upon its use and further dissemination as may be deemed appropriate by the court.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-263.3, relating to confidentiality of juror information.

077009308

H.B. 2429 Gangs and terrorism crimes; prosecutuion of those committing.

Patron: Albo

Gangs and terrorism; penalty.  Provides that any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to participate, generally, in an act or acts of terrorism is guilty of a Class 4 felony. The bill also allows the Attorney General, with the concurrence of the local attorney for the Commonwealth, to assist in the prosecution of certain gang and terrorism crimes when committed on the grounds of a state correctional facility.

A BILL to amend and reenact §§ 2.2-511 and 18.2-46.5 of the Code of Virginia, relating to solicitation for terrorism; prosecution of terrorism and gang crimes by the Attorney General; penalty.

073320105

Impact Statements

H.B. 2431 Reversion of federal lands; State to take title to lands containing environmental contamination.

Patron: Albo

Reversion of federal lands to the Commonwealth.  Authorizes the Commonwealth to take title to federal lands containing environmental contamination if the United States agrees to indemnify the Commonwealth for associated liabilities and clean-up costs or otherwise provides satisfactory assurances that all corrective action necessary to protect human health and the environment will be taken at the sole expense of the United States.  The bill further provides that in addition, such transfer or reversion shall not occur unless and until the United States has agreed, and provides assurances satisfactory to the Commonwealth, to provide all infrastructure improvements required to accommodate the development of any property contiguous or adjacent to the property subject to the transfer or reversion.

A BILL to amend and reenact § 1-405 of the Code of Virginia, relating to the reversion of lands owned by the United States to the Commonwealth.

078137204

Impact Statements

H.B. 2459 Incapacitated adults; increase penalties for certain crimes against.

Patron: Cline

Crimes against incapacitated adults; penalties. Provides that when an incapacitated adult dies as a result of a person's abuse or neglect, that person is guilty of a Class 3 felony. There is currently no criminal punishment for such act.

A BILL to amend and reenact § 18.2-369 of the Code of Virginia, relating to penalties for crimes committed against incapacitated adults; penalties.

077811268

Impact Statements

H.B. 2524 Gangs; definition of predicate criminal act to determine membership therein.

Patron: Iaquinto

Predicate criminal acts necessary for criminal gang member status.  Adds "felony involving the use of a firearm or other weapon" to the list of acts that qualify as predicate criminal acts necessary for criminal gang member status.

A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to definition of predicate criminal act for purpose of determining membership in a criminal street gang.

077799342

Impact Statements

H.B. 2530 Psychiatric Inpatient Treatment of Minors Act; special justices allowed to perform hearings.

Patron: Iaquinto

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

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-344, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to involuntary commitment of juveniles.

077234342

Impact Statements

H.B. 2531 Hunters; person going on prohibited lands for purpose of retrieving dogs.

Patron: Landes

Rights of certain hunters to trespass; identification.  Requires any person who goes onto the land of another to retrieve his hunting dogs shall identify himself upon request of the landowner. Willful failure to identify himself shall be a Class 4 misdemeanor.

A BILL to amend and reenact § 18.2-136 of the Code of Virginia, relating to right of hunters to go on lands of another; identification; penalty.

075879376

Impact Statements

H.B. 2575 Assault and battery against family member; deferred finding.

Patron: Shannon

Family assault and battery; deferred finding. Provides that a defendant who has waived his right to appeal cannot appeal the underlying offense in order to accept deferred findings of a family assault conviction.

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

073179502

H.B. 2576 Protective orders; extension by court.

Patron: Shannon

Protective orders; extension.  Provides that a court may, for good cause shown, extend a preliminary protective order where the party subject to the order fails to attend the required hearing. Current law provides that the party for whose benefit the protective order was issued is required to repeat the process to obtain the order so as to prevent its expiration.

A BILL to amend and reenact §§ 16.1-253.1, and 20-103 of the Code of Virginia, relating to extending preliminary protective orders.

070428502

H.B. 2642 Subaqueous land; Marine Resources Commission to convey certain S&S Marine Supply in Hampton.

Patron: Gear

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. This bill is identical to SB 1367.

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

072506304

Impact Statements

H.B. 2646 Emergency protective orders; issuance thereof judge to provide protected person with forms, etc.

Patron: Marsden

Preliminary protective orders.  States that the issuance of an emergency protective order shall be considered a petition for a preliminary protective order pursuant to § 16.1-253 and shall be docketed as if it were the same.

A BILL to amend and reenact § 16.1-253.4 of the Code of Virginia, relating to preliminary protective orders.

077034390

H.B. 2749 Sex offender registration; offender to include any electronic mail address, etc. that he will use.

Patron: Hurt

Sex offender registration; child pornography; penalties.  Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within 30 minutes of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age. The bill establishes enhanced penalties for the production, distribution, solicitation, participation, financing, or photographing of child pornography. The bill also clarifies that a person depicted by text or title or who appears to be less than 18 years of age in sexually explicit material is inferred to be less than 18 years of age. The bill repeals § 18.2-374.1:2 but inserts similar language in § 18.2-374.1:1 relating to facilitating payment for or access to child pornography.

A BILL to amend and reenact §§ 2.2-4006, 9.1-902, 9.1-903, 9.1-904, 9.1-912, 18.2-374.1, 18.2-374.1:1, and 18.2-374.3 of the Code of Virginia and to repeal § 18.2-374.1:2 of the Code of Virginia, relating to child pornography and sex offender registration requirements; penalties.

077816340

Impact Statements

H.B. 2756 Probation and suspended sentence; violations thereof considered misdemeanor charge.

Patron: Hurt

Probation and suspended sentence violations; escape.  Provides that a warrant or capias issued by a court for the arrest of a person for violating the terms of a suspended sentence or probation is considered a misdemeanor charge if the underlying charge is a misdemeanor and a felony if the underlying charge is a felony and makes the same provision for escape from custody.

A BILL to amend and reenact §§ 18.2-479 and 19.2-306 of the Code of Virginia, relating to probation and suspended sentence violations.

077033340

Impact Statements

H.B. 2782 Bottomlands; conveyance of state-owned.

Patron: Morgan

Conveyance of state-owned bottomlands.  Clarifies that it shall be the policy of the Commonwealth to convey only limited interests to state-owned bottomlands covered by state waters and to convey state-owned bottomlands covered by fill provided that such lands were lawfully filled.

A BILL to amend the Code of Virginia by adding a section numbered 28.2-1200.1, relating to the conveyance of state-owned bottomlands.

071005428

Impact Statements

H.B. 2828 Stalking; enhanced penalty therefor if victim is a minor.

Patron: Peace

Enhanced penalty for stalking of a minor.  Provides that if at the time of the offense of stalking, the victim is a minor and the offender is 10 or more years older than the victim, the sentence imposed shall include a mandatory minimum term of confinement of 60 days. The bill also provides that for a second or subsequent such conviction occurring within five years the penalty shall include a mandatory minimum term of confinement of six months.

A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to enhanced penalty for stalking a minor.

077030454

Impact Statements

H.B. 2953 Administrative subpoena; issued for records of electronic communication service, etc.

Patron: Bell

Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation concerning pornography and use of communications systems to facilitate certain sexual offenses with children.

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

077848232

H.B. 2959 Police and court records; expungement hearing to occur if person granted writ of actual innocence.

Patron: Bell

Expungement of police and court records.  Allows an expungement hearing to occur in the circuit court that entered the original conviction if a person has been granted a writ of actual innocence. If a person has been granted an absolute pardon by the governor for a crime he did not commit and files a petition for expungement, the expungement is automatic.

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

077041232

H.B. 2980 Child pornography; seizure and forfeiture of equipment.

Patron: Bell

Child pornography; seizure and forfeiture of equipment; bail.  Provides that all equipment and other personal property used in connection with the possession, production, distribution, publication, or sale of child pornography or in connection with solicitation of a minor for child pornography shall be subject to seizure and forfeiture.

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

077845232

Impact Statements

H.B. 2990 Subaqueous lands; Marine Resources Commission to convey adjoining parcels thereof.

Patron: Melvin

Conveyance of subaqueous land.  Authorizes the Marine Resources Commission to convey a parcel of subaqueous land in the Elizabeth River in Norfolk to a private corporation at fair market value.

A BILL to authorize the Marine Resources Commission to convey a certain parcel of subaqueous land in the Elizabeth River.

072584416

Impact Statements

H.B. 2991 Public defenders; duties.

Patron: Melvin

Public defenders; duties. Clarifies that the public defenders are responsible for managing their offices and that assistants do not have the same managerial authority. The bill also mirrors § 19.2-163.01, clarifying the role of the Indigent Defense Commission as supervisory. Finally, the bill removes the language requiring representation of indigent prisoners in habeas cases.

A BILL to amend and reenact § 19.2-163.3 of the Code of Virginia, relating to the duties of public defenders.

073018141

H.B. 3108 Constitutional rights; inquiries into exercise thereof.

Patron: Janis

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.

077236348

Impact Statements

H.B. 3112 Notaries; fees for services.

Patron: Cole

Notaries; fees for services. Increases from $5 to $10, the fee a notary may charge for services provided.

A BILL to amend and reenact § 47.1-19 of the Code of Virginia, relating to notaries; fees for services.

076514272

Impact Statements

H.B. 3151 First Landing State Park; Department of Conservation to lease certain land therein.

Patron: Iaquinto

Department of Conservation and Recreation, Lessor.  Authorizes lease of certain land within First Landing State Park to the City of Virginia Beach, Lessee.  This bill is identical to SB 1418.

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

071159342

Impact Statements

H.B. 3181 Richmond, City of; declares a certain escheat verdict therein as null and void.

Patron: McClellan

City of Richmond escheat verdict.  Declares an escheat verdict in the City of Richmond dated December 29, 1989, and recorded in deed book 224, page 453, as null and void.

A BILL to void an escheat jury verdict issued in the City of Richmond, dated December 29, 1989, and recorded in deed book 224, page 453.

076579114

H.B. 3199 Written appraisal report; costs in condemnation action.

Patron: Athey

Costs in a condemnation action; written appraisal report. Requires the owner to provide a condemning party a written report of appraisal that complies with the requirements of the Uniform Standards of Professional Practice to obtain costs and fees under § 25.1-245 and creates § 24.1-417.1 whereby a property owner can receive a partial reimbursement of costs of a written appraisal report if no agreement can be reached.

A BILL to amend and reenact § 25.1-245 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 25.1-417.1, relating to the owner receiving costs in condemnation actions; written appraisal report, and to provide for partial reimbursement of owners for the some of the costs of obtaining a written appraisal if no agreement as to the price of property needed for public purposes is reached with the Department of Transportation in certain circumstances and conditions.

077241220