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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 14, 2007
Time and Place: 1/2 hour after Adjournment. SRA First 1/2 of meeting 2-4 pm
Bills not heard prior to 4PM will be heard on Monday, 2/19/07

H.B. 1618 Immigration laws; Governor to enter into agreement with federal Immigration, et al regarding.

Patron: Frederick

Immigration laws; Governor to enter into agreement with federal Immigration regarding. States that it is the responsibility of the Governor to enter into an agreement with federal Immigration and Customs Enforcement that would allow the Department of State Police to enforce civil immigration laws.

A BILL to establish the responsibility of the Governor or other eligible authority to enter into an agreement concerning enforcement of immigration laws.

079804303

Impact Statements

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. 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. 1970 Illegal aliens; it is unlawful to be in Virginia if in United States illegally.

Patron: Albo

Federal illegal alien status unlawful in Virginia; penalty. Provides that any alien who is present in the United States illegally and is removable, as verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor, but the offense is not a primary offense.

A BILL to amend and reenact § 19.2-81.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-504.2, relating to illegal alien status in Virginia; penalty.

077042204

Impact Statements

H.B. 1984 Alcoholic beverage control; definition of public place and local authority.

Patron: Lohr

Alcoholic beverage control; definition of public place.  Clarifies the definition of public place to include any sidewalk adjoining highways, streets, or lanes.

A BILL to amend and reenact §§ 4.1-100 and 4.1-128 of the Code of Virginia, relating to alcoholic beverage control; definition of public place; local authority.

070897382

H.B. 2322 Illegal immigrant; admission to bail.

Patron: Gilbert

Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any alien charged with a felony who is present in the United States illegally, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security.

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

077842306

Impact Statements

H.B. 2448 Illegal Immigration; verify citizenship status of persons in jail.

Patron: Frederick

Virginia Security and Immigration Compliance Act; penalty.  Requires that a jailer shall reasonably attempt to verify citizen status of certain persons who are confined in jail

A BILL to amend the Code of Virginia by adding in Chapter 7 of Title 19.2 a section numbered 19.2-83.2, relating to illegal immigration.

070087303

Impact Statements

H.B. 2622 Illegal alien; person who conceals or shields guilty of felony.

Patron: Reid

Harboring illegal alien; penalty.  Provides that any person who as a part of a commercial enterprise harbors, transports, or conceals an alien is guilty of a Class 6 felony if he knew that the alien was in the United States illegally.

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 concealing illegal aliens; penalty.

077028488

Impact Statements

H.B. 2673 Jury sentencing; empanelment of new jury in event of deadlock.

Patron: Griffith

Sentencing jury; deadlock. Provides for the empanelment of a new jury in the event of a deadlock in fixing punishment.

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

073376105

H.B. 2687 Unfair employment practices; discharging employees when unauthorized aliens are employed.

Patron: Reid

Unfair employment practices; discharging employees when unauthorized aliens are employed. States that it is an unfair employment practice for an employer to knowingly employ any unauthorized alien within the Commonwealth. An employee who is replaced by his employer with an unauthorized alien shall have a cause of action against his employer on or after July 1, 2007. Employers that are enrolled and participate in the federal Basic Pilot Program, are exempt from compliance with federal employment verification procedures under federal law, or have obtained certain employment eligibility verification documentation, are not subject to this measure. Someone discharged in violation of this unfair employment practice is entitled to recover treble damages, including lost wages from the date of the discharge until the date the employee has procured new employment, or 120 days, whichever occurs earlier, and reasonable attorney%92s fees and costs. This bill incorporates HB 1906.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-27.2, relating to discharge of employees by employers employing unauthorized aliens.

070262303

Impact Statements

H.B. 2688 Workers' compensation; benefits paid to unauthorized aliens.

Patron: Reid

Workers' compensation; benefits paid to unauthorized aliens; penalties. Makes an employer, rather than the employer's workers' compensation insurance carrier, liable for payment of workers' compensation benefits payable to an unauthorized alien. In addition, an employer is required to promptly reimburse a third party that has paid benefits to an unauthorized alien for payments it has made to the injured alien. An employer that verified the work authorization status of the injured worker, through use of the Basic Pilot Program operated by the United States Department of Homeland Security, obtained certain employment eligibility verification documentation, or is exempt from compliance with federal employment verification procedures under federal law, is exempt from these provisions. In addition, if an unauthorized alien who is eligible for disability is inadmissible to the United States under federal immigration law, the payor of the disability benefits shall require the unauthorized alien to present himself in person at a bank or financial institution located within a foreign country before receiving disability payments. A person violating these provisions is guilty of a Class 2 misdemeanor and subject to a civil penalty of $25,000.

A BILL to amend and reenact §§ 65.2-805 and 65.2-806 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 65.2-804.1, relating to the liability for workers' compensation benefits paid to unauthorized aliens; penalties.

079027303

Impact Statements

H.B. 2755 Sex Offender Registry; adds to list of those offenses requiring registration.

Patron: Hurt

Sex offender registration.  Adds to the list of those offenses requiring registration as a sex offender use of a communications system, including a computer or computer network, to engage a juvenile in a sex offense. The bill also redefines sexually violent offense to include a first offense of production of child pornography rather than a second or subsequent offense thereof, as is current law.

A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to additions to the list of offenses requiring registration as a sex offender.

077834340

Impact Statements

H.B. 2926 Immigration; powers of law-enforcement officers by agreement with Department of Homeland Security.

Patron: Rust

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 facility committed under the authority of the United States. This bill incorporates HB 2933.

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.

075885492

Impact Statements