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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 15, 2007
Time and Place: 1/2 hour after adjournment, Senate Room A

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. 1887 Alcoholic beverage control;unlawful purchase/possession of alcoholic beverages,deferred proceedings.

Patron: Albo

Alcoholic beverage control; unlawful purchase or possession of alcoholic beverages; deferred proceedings.  Provides that in the event of a violation for underage consumption, purchase or possession of alcoholic beverages where the court defers further proceedings and places the accused on probation subject to conditions, one of the conditions must be suspension of the accused's driver's license.  A restricted license may be issued.

A BILL to amend and reenact § 4.1-305 of the Code of Virginia, relating to alcoholic beverage control; unlawful purchase or possession of alcoholic beverages; deferred proceedings.

078134204

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. 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. 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 within 30 days shall have the same legal effect as if no appeal had ever been noted, if such defect is found by the general district court. If the error is discovered by 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. 2078 Clients' Protection Fund; Supreme Court to adopt rules assessing members of VA State Bar fee.

Patron: Armstrong

Clients' Protection Fund. Allows the Supreme Court to adopt rules assessing members of the Virginia State Bar an annual fee of up to $25 to be deposited in the State Bar Fund and transferred to the Clients' Protection Fund. The authority to adopt such rules will expire on July 1, 2015.

A BILL to amend and reenact § 54.1-3913.1 of the Code of Virginia, relating to Clients' Protection Fund.

072864128

Impact Statements

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. 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. 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. 2533 Criminal warrants; authorizes sheriff or his deputy to issue.

Patron: Landes

Criminal procedure; issuance of criminal warrants.  Authorizes a sheriff or his deputy to execute an arrest warrant in a town surrounded by the county that he serves, and to arrest someone committing a criminal act arising out of and during the execution of a warrant in a city or town surrounded by the county he serves. The venue for the prosecution of such crime lies in the jurisdiction where it occurred.

A BILL to amend and reenact § 19.2-72 of the Code of Virginia, relating to the issuance of criminal warrants.

075139376

H.B. 2570 Victims of crime; right to nondisclosure of certain information.

Patron: Shannon

Crime victim's right to nondisclosure of certain information.  Allows the appellate courts to exclude the first or last name of the victim of a crime involving any sexual assault or sexual abuse in its appellate decisions upon the request of the victim.

A BILL to amend and reenact § 19.2-11.2 of the Code of Virginia, relating to crime victim's right to nondisclosure of certain information

070434502

H.B. 2573 Concealed handgun permits; adds retired credentialed intelligence agents of armed forces, etc.

Patron: Shannon

Concealed handgun permits; fees. Adds retired credentialed intelligence agents of the armed forces of the United States or civilian agencies of the United States government to the list of retired individuals who do not have to pay the $50 fee for a concealed handgun permit.

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

075841502

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. 2589 Closely held corporations; allows representation by an officer, etc. pro se before gen. dist. court.

Patron: Janis

Closely held corporations; pro se representation. Allows a closely held corporation to be represented by an officer or an employee pro se before the general district courts if the amount in controversy is $4,500 or less. Defines closely held corporation as a corporation, which stock is held by no more than 10 people and has not been and is not planned to be publicly offered.

A BILL to amend the Code of Virginia by adding a section numbered 16.1-81.1, relating to closely held corporations; pro se representation.

077243348

H.B. 2660 Juveniles; investigation of social history prior to commitment.

Patron: Marsden

Investigation of the social history of juveniles at the time of commitment.  Requires the court to order an investigation of a juvenile's social history at the time of the juvenile's commitment. The investigation shall be completed within 15 days of the commitment. Currently such an investigation is permissive.

A BILL to amend and reenact §§ 16.1-273 and 16.1-278.7 of the Code of Virginia, relating to the investigation of the social history of juveniles prior to commitment.

078157390

Impact Statements

H.B. 2661 Confidential records; adds group homes, etc to list eligible to review records of Dept. of Juv. Jus.

Patron: Marsden

Release of confidential records of the Department of Juvenile Justice.  Adds group homes, residential facilities, and postdispositional facilities to the list of those eligible to review social, medical, psychiatric, and psychological reports and records of children who are or have been (i) before the court, (ii) under supervision, or (iii) receiving services from a court service unit or who are committed to the Department of Juvenile Justice. The bill also provides for release of copies of those records to the newly added review-eligible facilities and only to those facilities and requires destruction of those records if the juvenile is not admitted to such a facility.

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

078159390

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. 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. 2759 Search warrant affidavits; delivery in person or by mail.

Patron: Hurt

Search warrant affidavits; delivery.  Allows affidavits for search warrants to be delivered in person or mailed by certified mail, return receipt requested.

A BILL to amend and reenact § 19.2-54 of the Code of Virginia, relating to search warrant affidavits; delivery by mail.

073055160

H.B. 2766 Retirement benefits; exemption of certain from creditor process.

Patron: Hurt

Exemption of certain retirement benefits from creditor process.  Conforms the state exemption of retirement benefits to that allowed under new federal bankruptcy law.

A BILL to amend and reenact § 34-34 of the Code of Virginia, relating to the exemption of certain retirement benefits from creditors.

076074372

H.B. 2767 Fiduciaries; presumption of prudence.

Patron: Hurt

Fiduciaries; presumption of prudence.  Clarifies when fiduciaries will receive the presumption of prudence in investing and extends the presumption to custodians and custodial trustees. The bill provides that the presumption of prudence in investing only applies to a fiduciary (i) in a calendar year in which the value of the intangible personal property under his management does not exceed $100,000 at the beginning of the year, or (ii) who has obtained express authorization from a court with jurisdiction that the presumption of prudence in investing applies.

A BILL to amend and reenact §§ 26-40.01, 26-45.13, 31-48, and 55-34.7 of the Code of Virginia, relating to the presumption of prudence granted to a fiduciary.

076072372

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 a qualified minor's trust. Such a transfer has the effect of terminating the custodianship to the extent of the property transferred.

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. 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. 2853 Stun weapons; eliminates references to tasers throughout Code.

Patron: Moran

Stun weapons; definition. Eliminates references to "tasers" throughout the Code of Virginia, and amends the definition of a "stun weapon" to mean a mechanism designed to emit a charge or shock to temporarily incapacitate a person. Previously, the Code of Virginia differentiated between this type of mechanism and a taser, which was defined as emitting a shock through the use of a projectile.

A BILL to amend and reenact §§ 18.2-57.02, 18.2-283.1, 18.2-287.01, 18.2-308.1, 18.2-308.2, 19.2-386.28, and 19.2-386.29 of the Code of Virginia, relating to stun weapons; definition.

075842424

H.B. 2864 Powers of attorney; duties and liabilities of agents.

Patron: Moran

Duties and liabilities of a holder of a power of attorney.  States that a holder of any power of attorney has a fiduciary relationship with the subject of the power of attorney and may be held liable for any breach of that fiduciary duty. The bill also expands the financial accounting requirement for a holder of the power of attorney from two years prior to the request to five years. The bill also provides that in the case of an indigent principal, if the holder of the power of attorney is removed from his position by the court due to abuse, neglect, or exploitation of the principal, the holder shall bear the costs and fees associated with the performance of his duties.

A BILL to amend and reenact §§ 11-9.1, 11-9.6 and 37.2-1018 of the Code of Virginia, relating to duties and liabilities of holders of power of attorneys.

077229424

H.B. 2890 Secure juvenile facility or detention home; punishment for certain offenses committed within.

Patron: Phillips

Punishment for certain offenses committed within a secure juvenile facility or detention home.  Conforms the offenses committed within a facility or home to those for adult correctional facilities to reflect changes made in 2006.

A BILL to amend and reenact § 18.2-477.2 of the Code of Virginia, relating to punishment for certain offenses committed within a secure juvenile facility or detention home.

061480460

H.B. 2947 Obstruction of justice; how crime is charged.

Patron: Wittman

How the crime of obstructing justice is charged. Clarifies that when a person is charged with the misdemeanor offense of obstructing justice (general crimes), such charge is independent of the felony charge (the felony offense is reserved for a specific list of crimes).

A BILL to amend and reenact § 18.2-460 of the Code of Virginia, relating to clarification of how the crime of obstructing justice is charged.

073232232

H.B. 3007 Juvenile certification; only certified upon conviction.

Patron: Marsden

Juvenile certification; only certified upon conviction.  States that juveniles are only certified as adults upon conviction.

A BILL to amend § 16.1-271 of the Code of Virginia relating to juvenile certification; only certified upon conviction.

079819390

H.B. 3041 Conservators of peace; sworn municipal park rangers may be.

Patron: BaCote

Conservators of the peace; municipal park rangers.  Makes sworn municipal park rangers conservators of the peace.

A BILL to amend and reenact § 19.2-12 of the Code of Virginia, relating to conservators of the peace; municipal park rangers.

077560480

H.B. 3083 Liens; nonexoneration thereof against property bequeathed.

Patron: Toscano

Nonexoneration of liens against property bequeathed.  States that any mortgage, pledge, security interest or other lien on a specific item of property shall pass encumbered by said lien. Excepts out circumstances where an agent holding a durable power of attorney or a conservator, guardian or committee grants the lien in question.

A BILL to amend the Code of Virginia by adding a section numbered 64.1-157.1, relating to the nonexoneration of liens against property bequeathed.

076520454

H.B. 3085 Children; expands scope of rape shield statute to include prosecution for taking indecent liberties.

Patron: Shannon

Admission of evidence; taking indecent liberties.  Expands the scope of the rape shield statute to include prosecutions for taking indecent liberties with children under § 18.2-370, 18.2-370.01, or 18.2-370.1. Currently, the statute only applies to prosecutions of criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. This bill also adds § 18.2-370.01 (taking indecent liberties with a child under the age of 14 by a child over the age of 13 and under the age of 18 where the accused is five or more years older than the victim) to the list of offenses where the court may, on its own motion or at the request of the Commonwealth, the complaining witness, the accused or their counsel, exclude all persons from the courtroom during preliminary hearings except officers of the court and certain other persons whose presence the court finds is necessary and will not impair the conduct of a fair hearing.

A BILL to amend and reenact §§ 18.2-67.7 and 18.2-67.8 of the Code of Virginia, relating to the admission of evidence in cases of taking indecent liberties with children.

079122502

H.B. 3098 Ignition interlock; installation in vehicle, and loss of restricted license.

Patron: Iaquinto

Ignition interlock and loss of restricted license. Provides that a DUI ignition interlock installation shall be for six consecutive months as opposed to the current "six months" provided that the defendant has no alcohol-related violations of the interlock requirements.

A BILL to amend and reenact § 18.2-270.1 of the Code of Virginia, relating to loss of driving privilege for use of alcohol with ignition interlock.

077025342