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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
Chairman: Kenneth W. Stolle
Clerk: Fred Hodnett, Richard Fiorella
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: February 19, 2007
Time and Place: Monday, 8:00 a.m., Senate Room A, General Assembly Building
Patron: Janis
Self defense and defense of others. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person. This bill incorporates HB 2458.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.077837348
Patron: Armstrong
Smoking in proximity to gas pumps; penalty. Provides that any person who smokes or uses an open flame within 20 feet of a pump used to fuel motor vehicles is guilty of a Class 2 misdemeanor.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 8 of Title 46.2 a section numbered 46.2-819.4, relating to smoking in proximity to gas pumps; penalty.073016216
Patron: Peace
Motor vehicles; eluding police officer. Adds an intermediate Class 1 misdemeanor penalty for anyone who disregards a signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in an attempt to elude or escape from a law-enforcement officer.
A BILL to amend and reenact § 46.2-817 of the Code of Virginia, relating to disregarding a signal by a law-enforcement officer to stop vehicle; penalty.077036454
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
Patron: Lingamfelter
Alcohol-related reckless driving. Provides that the Commissioner of the Department of Motor Vehicles shall not reinstate the driver's license of a defendant required to complete an alcohol safety action program for a conviction of reckless driving until notification of enrollment is received.
A BILL to amend and reenact § 46.2-392 of the Code of Virginia, relating to suspension of driver's license for reckless driving; alcohol safety action program.077802380
Patron: Wittman
Property conveyance; certain real property to the Rappahannock Area Community Services Board for use as an adult day-care facility. Authorizes the Governor to convey certain real property to the Rappahannock Area Community Services Board. The bill provides that such conveyance shall be made in a form approved by the Attorney General and that the appropriate officials of the Commonwealth are authorized to prepare, execute, and deliver such deed and other documents as may be necessary to accomplish the conveyance.
A BILL to authorize the Governor to convey certain real property to the Rappahannock Area Community Services Board for use as an adult day-care facility.070893276
Patron: Albo
Judge sentencing and reports to the Sentencing Commission. Clarifies reporting to the Sentencing Commission of any departure made by a court from a jury sentence. The bill also requires the court to explain its departure from a jury sentence when it suspends imposition of sentence in whole or in part and when it may impose probation and conditions upon the defendant.
A BILL to amend and reenact §§ 19.2-295, 19.2-298.01 and 19.2-303 of the Code of Virginia, relating to judge sentencing and mandatory reports to the Virginia Criminal Sentencing Commission.078349204
Patron: Albo
Exchange of medical and biological information for adoption; affidavit. Requires the filing of an affidavit stating that all reasonably attainable medical and psychological records of the child were provided to the prospective adoptive parent(s) prior to the entry of a final order of adoption. The affidavit shall be signed, under oath, by the agency or parent(s) and the prospective adoptive parent(s). The affidavit shall also include a statement of which documents were provided.
A BILL to amend and reenact § 63.2-1208 of the Code of Virginia, relating to the exchange of medical and psychological information.077641204
Patron: Albo
Juveniles; records. Allows law-enforcement agency access to a child who is committed to the Department of Juvenile Justice in order to investigate an offense that would be a felony if committed by an adult and is unrelated to the matters upon which the child is being detained, unless the child refuses.
A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to confidentiality of juvenile records held by the Department of Juvenile Justice.077833204
Patron: Toscano
Adoption laws; administrative changes. Changes the adoption laws to bring them up to date with the amendments made last session. Makes the change regarding notice of the entrustment and adoption from 21 to 15 days consistent throughout the adoption statutes and clarifies that if the putative father's identity is reasonably ascertainable, he must be noticed as the Putative Father Registry dictates.
A BILL to amend and reenact §§ 63.2-903, 63.2-1201, 63.2-1202, 63.2-1212, 63.2-1213, 63.2-1222, 63.2-1223, 63.2-1226, 63.2-1233, and 63.2-1241 of the Code of Virginia, relating to technical changes in the adoption laws.077218525
Patron: Suit
Conveyance of property by the Commonwealth. Requires prior written notice to the General Assembly of any transaction involving military property owned by the Commonwealth.
A BILL to amend and reenact § 2.2-1150 of the Code of Virginia, relating to conveyance of property by the Commonwealth.070920520
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
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
Patron: Nutter
Concealed handgun permits; recognition of out-of-state permits. Allows any person who is at least 21 years of age with a valid concealed handgun or concealed weapons permit issued by another state to carry a concealed handgun in the Commonwealth, so long as he also has a valid government-issued photo identification.
A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handgun permits; recognition of out-of-state permits.078001436
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
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
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
Patron: Cosgrove
Computer trespass; spyware; penalty. Adds keyboard loggers and bots and zombies to the list of computer trespass crimes. The bill makes it a Class 6 felony for a person to install or cause to be installed, or collect information through, software capable of recording all or a majority of the keystrokes on the computer of another. The bill also makes it a crime to install or cause to be installed on the computer of another, computer software that takes control of that computer. The bill also reduces from $1,000 to $500 the amount of property damage that a person who violates § 18.2-152.4 (computer trespass) must cause before it will be considered a Class 6 felony. The bill adds a provision that enhances a violation of § 18.2-152.4 to a Class 6 felony if a person, in violation of this section, installs software on more than five computers of another, or installs software which records keystroke information regardless of the number of computers involved.
A BILL to amend and reenact § 18.2-152.4 of the Code of Virginia, relating to computer trespass; spyware; penalty.075707162
Patron: Putney
Waiver on compensation cap for court-appointed attorneys. Provides that court-appointed counsel may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the time and effort expended, the result obtained, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. In addition, for felony charges, counsel may request a waiver above the specified caps by the presiding judge who shall determine, by considering the effort expended and the time reasonably necessary for the representation whether additional waiver is justified. If the judge determines that the additional waiver is justified he forwards it to the Chief Judge of the Circuit Court for approval, which approval shall be contingent upon a certification of the Executive Secretary of the Supreme Court that sufficient funds are available for payment.
A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.078672476
Patron: Athey
Sex offenses prohibiting residing in proximity to children; penalty. Prohibits an adult who is convicted of an offense requiring registration where the victim was a minor from residing within 1000 feet of the premises of a child day center, a public, private, parochial, primary, secondary, or high school. A violation of this section is a Class 6 felony; however, this section shall not apply where the facility is established subsequent to the person's conviction.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-370.5, and to repeal § 18.2-370.3 of the Code of Virginia, relating to sex offenses prohibiting residing in proximity to children; penalty.077820220
Patron: Athey
Concealed handgun permits; retired law-enforcement officers. Provides that a retired law-enforcement officer who has been issued proof of consultation and review to carry a concealed handgun shall have the opportunity to annually participate, at the retired officer's expense, in the same firearms training required for active duty law-enforcement officers in the Commonwealth to carry a concealed handgun. The federal Law Enforcement Officers Safety Act requires that, in order to carry a concealed handgun pursuant to the Act, a retired law-enforcement officer be found by the state to meet the law-enforcement training standards established by the state. If a retired law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue to the retired officer a certification, valid for one year, indicating that he has meet the standards to carry a firearm.
A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handgun permits; retired law-enforcement officers.075176220
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, unlawful detainer, 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
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
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
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
Patron: Iaquinto
Driver's licenses issued to persons convicted of driving under the influence. Prohibits the Department of Motor Vehicles from issuing or reinstating the driver's license of a person who has been convicted of driving under the influence or a related offense during the three-year period following the conviction, unless the person provides proof that he has in effect a motor vehicle liability insurance policy with limits that are double the minimum limits required generally for motor vehicle liability insurance policies.
A BILL to amend and reenact § 46.2-316 of the Code of Virginia, relating to the issuance of driver's licenses to persons convicted of certain offenses; insurance required.077239342
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. This bill shall not apply to asbestos litigation.
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
Patron: Shannon
Tolling of speedy trial statute. Provides that the tolling of the speedy trial law already in place during the pendency of a pre-trial appeal by the Commonwealth is extended by 60 days (following mandate by the appellate court) to allow for issuance of trial witness subpoenas by the Commonwealth.
A BILL to amend and reenact § 19.2-409 of the Code of Virginia, relating to tolling speedy trial statute pending finality of pretrial appeal by the Commonwealth.073177502
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 information070434502
Patron: Janis
Certification of machine gun transfer and registration. Names the Superintendent of the Department of State Police as a chief law-enforcement officer for purposes of certifying applications for the transfer and registration of weapons subject to the National Firearms Act. Upon receipt of a request to certify an application, the Superintendent shall provide the certification within 15 days unless he has knowledge that the applicant is prohibited from receiving the weapon.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-295.1, relating to certification of the transfer and registration of a weapon subject to the National Firearms Act.075881348
Patron: Janis
Conviction of second or subsequent violent sex offense; penalty. Removes the requirement that the Commonwealth give prior notice to the defendant that it will seek punishment available under the "two-time loser" sex offender statute.
A BILL to amend and reenact § 18.2-67.5:3 of the Code of Virginia, relating to punishment for subsequent convictions of sex crimes; penalty.070423348
Patron: Rapp
Penalty for failure to pay motor vehicle fines and costs. Removes the provision that a suspension of a driver's license for failure to pay fines and costs must run consecutively with any other suspension.
A BILL to amend and reenact § 46.2-395 of the Code of Virginia, relating to penalty for failure to pay motor vehicle fines and costs.070389480
Patron: Reid
State Lottery Department; lottery sales agents. Provides that the fact that lottery sales agents are licensed by the State Lottery Department does not, on that basis alone, deem the sales agents to be under any program or activity receiving state financial assistance or under any program or activity conducted by or on behalf of any state agency for purposes of the Americans with Disabilities Act.
A BILL to amend and reenact §§ 51.5-40 and 58.1-4009 of the Code of Virginia, relating to the State Lottery Department; lottery sales agents.070827150
Patron: Lingamfelter
Illegal conveyance of firearms; penalty. Makes it a Class 6 felony for any person, except for a law-enforcement officer in the performance of his official duties, to solicit or otherwise entice a firearms dealer to illegally convey a firearm other than to an actual buyer. A person who willfully and intentionally aids and abets a person violating this provision is likewise guilty of a Class 6 felony.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to illegal conveyance of firearms; penalty.075848105
Patron: Griffith
Sexually violent predators; civil commitment. Adds the following as sexually violent offenses: capital murder in the commission of, or subsequent to a rape or attempted rape, sodomy or forcible sodomy or object sexual penetration, capital murder in the commission of an abduction committed with intent to defile the victim, and first and second degree murder when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or object sexual penetration. Under current law, prisoners convicted of certain offenses (statutory rape, sodomy or object sexual penetration with child under age 13, and aggravated sexual battery with child under age 13 who suffered physical bodily injury) are referred with a score of four, and the remainder are referred with a five. The bill removes the requirement of physical bodily injury in connection with an aggravated sexual battery for the score to qualify as a four. The bill also provides that certain provisions regarding the identification, review, and preparation for filing a petition for commitment are procedural and not substantive or jurisdictional, and that absent gross negligence or willful misconduct, failure to comply is not a basis upon which a court can deny civil commitment or conditional release. Allows the CRC 120 instead of 90 days after receiving the name of an individual eligible to be evaluated for civil commitment to complete its assessment and submit its recommendation to the Attorney General and revises the CRC's criteria for assessment. The bill grants access to a variety of records to the Department of Mental Health, the CRC, and the Department of Corrections and provides that the existence of prior convictions or charges may be shown with affidavits or documentary evidence. Conditional release provisions are modified and it is expressly stated that medications that lower testosterone may not be used as a primary reason for determining that alternatives less restrictive than full commitment are appropriate.
A BILL to amend and reenact §§ 19.2-169.3, 37.2-900, 37.2-901 through 37.2-908, 37.2-910, and 37.2-912 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 37.2-905.1 and 37.2-905.2, relating to civil commitment of sexually violent predators.077847308
EMERGENCY
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 an arrest warrant for a misdemeanor charge if the underlying charge is a misdemeanor and an arrest warrant for a felony if the underlying charge is a felony. The bill makes a similar provision for escape from custody, providing that a person in custody on a misdemeanor charge or after conviction of a misdemeanor who escapes is guilty of a Class 1 misdemeanor. In the case of a felony, the person who escapes is guilty of a Class 6 felony.
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
Patron: Hurt
Notice of right to receive full marijuana analysis. Provides that if defendant requests full laboratory analysis of marijuana 10 days prior to trial and if it is unavailable at trial, defendant's remedy is a continuance. Field analysis of marijuana is admissible at trial. Full lab analysis is available to the defendant if he requests it. Currently, such request may be made pursuant to notice provided "prior to trial."
A BILL to amend and reenact § 19.2-188.1 of the Code of Virginia, relating to notice of right to receive full marijuana analysis.077836340
Patron: Hurt
Charging the crime of larceny. Provides that any charge of larceny or an offense deemed to be larceny (e.g., embezzlement) may be charged under the larceny statute and need not be charged with absolute specificity (e.g., larceny of banknotes pursuant to § 18.2-98).
A BILL to amend and reenact § 19.2-223 of the Code of Virginia, relating to charging the crime of larceny.075086340
Patron: Hurt
False statements to obtain property or credit; fraudulent credit card application; penalty. Raises penalty for making a false statement to obtain credit from a Class 2 to a Class 1 misdemeanor. Characterizes the crime of fraudulently obtaining less than $200 worth of goods, services, etc. as petit larceny rather than a Class 1 misdemeanor. (Obtaining $200 or more is already described as grand larceny.) Defines a written false statement to include information transmitted by computer, facsimile, e-mail, Internet, or any other electronic medium, other than by voice transmission through any such medium.
A BILL to amend and reenact §§ 18.2-186 and 18.2-195.2 of the Code of Virginia, relating to false statements to obtain property or credit; fraudulent credit card application; penalty.075085340
Patron: Gilbert
Criminal procedure; right to examine person performing analysis. Provides that if defendant requests the presence of the person as a witness who performed any laboratory analysis or examination or was involved in the chain of custody, his remedy, if the person is unavailable for trial, is a continuance.
A BILL to amend and reenact § 19.2-187.1 of the Code of Virginia, relating to right to examine person performing analysis or involved in chain of custody.077826306
Patron: Moran
Execution of search warrants. Allows an agent of the United States Department of Homeland Security and any inspector, law-enforcement official, or police personnel of the United States Postal Inspection Service to execute a search warrant in Virginia.
A BILL to amend and reenact § 19.2-56 of the Code of Virginia, relating to execution of search warrants.072851424
Patron: McEachin
Penalty for driving while intoxicated; subsequent offense; penalty. Eliminates the requirement that a third or fourth conviction for the offense of driving while intoxicated must have been committed within a 10-year period of the prior offenses in order for the defendant to receive enhanced penalties.
A BILL to amend and reenact § 18.2-270 of the Code of Virginia, relating to penalty for driving while intoxicated; subsequent offense; penalty.078518410
Patron: Phillips
Dissemination of criminal history record information; litter control officers. Grants special conservators of the peace employed by a county and who enforce state and local litter laws access to criminal history record information.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to dissemination of criminal history record information; litter control officers.075900460
Patron: Miller, J.H.
Misdemeanor summons. Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest is discretionary.
A BILL to amend and reenact § 19.2-74 of the Code of Virginia, relating to summons and arrest in misdemeanor cases.073383105
Patron: Bell
Mental health; temporary detention orders. Requires a magistrate issuing a temporary detention order to consider the recommendations of any treating or examining physician licensed in Virginia, if available, prior to rendering a decision.
A BILL to amend and reenact § 37.2-809 of the Code of Virginia, relating to temporary detention orders.075402232
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
Patron: Bell
Venue in child pornography cases. Provides that venue for a prosecution of production of child pornography may lie in the jurisdiction where the unlawful act occurs or where any sexually explicit visual material associated with such a violation is produced, reproduced, found, stored, or possessed.
A BILL to amend and reenact § 18.2-374.1 of the Code of Virginia, relating to proper venue for production, publication, sale, possession with intent to distribute, financing, etc., of sexually explicit items involving children.073237232
Patron: Bell
Use of communications systems to facilitate certain sex offenses involving children. Raises the penalty for use of a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of § 18.2-370 or § 18.2-374.1 (solicitation and certain sex offenses) from a Class 6 to a Class 5 felony.
A BILL to amend and reenact § 18.2-374.3 of the Code of Virginia, relating to use of communications systems to facilitate certain offenses involving children; penalty.073235232
Patron: Janis
Effect of dismissal of criminal charges. States that dismissal of a criminal charge by a court does not bar subsequent prosecution of the charge unless jeopardy attached at the earlier proceeding or unless the dismissal order explicitly states that the dismissal is with prejudice.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-265.6, relating to the dismissal of criminal charges.073385105
Patron: Scott, J.M.
Possession of firearms by certain persons who have had parental rights terminated; penalty. Prohibits a person who has had his parental rights terminated based upon a finding of aggravated circumstances from purchasing, possessing, or transporting a firearm. The bill defines aggravated circumstances as torture, chronic or severe abuse, or chronic or severe sexual abuse of a child of the parent or a child with whom the parent resided at the time such conduct occurred. A violation of this section would be a Class 1 misdemeanor.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:02, relating to purchase and possession of handguns by certain individuals.075828500
Patron: Fralin
Use of synthetic urine to defeat a drug or alcohol test. Provides that the Commissioner of the Department of Motor Vehicles shall disqualify for a period of one year any commercial driver's license holder who has been convicted of a violation of § 18.2-251.4 (falsifying urine tests).
A BILL to amend the Code of Virginia by adding a section numbered 46.2-341.18:2, relating to use of synthetic urine to defeat drug test; penalty.077841302
Patron: Bell
DNA analysis and data bank; collection of DNA samples. Provides that the Department of Forensic Science shall, on a weekly basis, provide to the Local Inmate Data System (LIDS) the most current information submitted the DNA data bank that it maintains regarding persons who are required to submit a blood, saliva, or tissue sample for DNA analysis pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2, as well as removing from LIDS and the data bank persons who are no longer eligible to be in the data bank. The Department of Forensic Science and the Department of Corrections shall, on a quarterly basis, compare the databases of offenders under the custody or supervision of the Department of Corrections with the DNA data bank and, if a person is not identified in the DNA data bank, the Department of Corrections shall require the person to submit a DNA sample. The bill also provides that a person who is required to submit a DNA sample is not relieved from the requirement to submit a DNA sample because a sample was not taken or, if taken, because a sample cannot be located in the DNA data bank. The fee for taking a DNA sample may be charged only one time regardless of the number of samples taken. The bill also provides that the DNA sample of a person who is not sentenced to a period of confinement shall be taken before he is released from the custody of the sentencing court. Prior to or upon sentencing, the clerk of court is responsible for reviewing LIDS to determine whether a DNA sample has been submitted and, if not, the court shall order that a sample be taken forthwith by the sheriff or bailiff. The bill also provides that probation and parole officers, community-based probation programs, and sheriffs and regional jailers are required to review LIDS upon intake and again prior to discharge of an offender who is required to submit a DNA sample to determine whether a sample has been taken. If it is determined that no DNA sample has been taken, then the person shall be required to submit a sample for DNA analysis. Probation and parole officers are also required to take a DNA sample or verify that a DNA sample has been submitted to the DNA data bank for every offender accepted pursuant to the Interstate Compact for the Supervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convicted of an offense that would be considered a felony if committed in Virginia. Probation and parole officers in cases involving juvenile offenders who are required to submit a DNA sample for analysis pursuant to § 16.1-299.1 also must determine whether a sample has been taken by reviewing LIDS upon intake and again prior to discharge and, if no sample has been taken, shall require the offender to submit a DNA sample for analysis. The bill also provides that the Department of Juvenile Justice shall verify that a DNA sample for an offender has been received by the Department of Forensic Science and, if no sample has been received, notify the court which shall then order that a sample be submitted for DNA analysis. The use of a DNA sample contained in the data bank that was taken in good faith does not invalidate the use of the sample and any detention, arrest, or conviction of a person resulting from the use of the sample shall not be invalidated. The bill also provides that the Secretary of Public Safety shall review the procedures for the collection of DNA samples and submit a status report by November 1, 2007 to the Chairmen of the House Appropriations Committee, the Senate Finance Committee, the House Committee for Courts of Justice, and the Senate Committee for Courts of Justice.
A BILL to amend and reenact §§ 9.1-176.1, 16.1-237, 16.1-299.1, 19.2-303, 19.2-303.3 19.2-310.2, 19.2-310.3, and 53.1-145 of the Code of Virginia, relating to DNA analysis and data bank; penalty.070094232
Patron: Lingamfelter
Religious freedom. Reiterates an individual's freedom of religion and prohibits a government entity from unduly burdening such right. The bill provides a cause of action for declaratory or injunctive relief for violation.
A BILL to amend the Code of Virginia by adding a section numbered 57-2.02, relating to religious freedom.070879380
Patron: Albo
Privileged communications; health care providers. States that any data, reports, records, memoranda, analyses, or written or oral statements designed to improve patient safety and health care quality or outcomes are not discoverable or admissible in any civil, criminal, or administrative proceeding and shall be presumed not to be medical records. The discovery and admissibility of records detailing the factual description of an incident or medical records regarding a patient kept in the ordinary course of business or treatment is not affected by this provision.
A BILL to amend and reenact § 8.01-581.17 of the Code of Virginia, relating to the discoverability of data created by health care providers for the purpose of improving the quality of health care.077227204
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
Patron: Janis
Shooting in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision.
A BILL to amend and reenact §§ 15.2-1113.1, 15.2-1210, 18.2-56.1, and 18.2-286 of the Code of Virginia, relating to shooting in certain areas.075851348
Patron: Rust
Driving without a license; penalties. Provides that a second offense of driving without a license is a Class 1 misdemeanor. The bill also provides that any person convicted of a third or subsequent offense of driving without a license within a 10-year period shall serve a mandatory minimum term of confinement in jail of 10 days (that shall not be imposed in an emergency). A first offense of driving without a license is currently a Class 2 misdemeanor.
A BILL to amend and reenact § 46.2-300 of the Code of Virginia, relating to driving without a license; penalties.077839492
Patron: Kilgore
Civil remedies; service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator. Provides specific authority for the service of process upon the DMV Commissioner when a nonresident operating a motor vehicle in the Commonwealth has violated a provision of Title 46.2 or a parallel local ordinance. Currently, this authority exists only if the nonresident is involved in an accident.
A BILL to amend and reenact § 8.01-308 of the Code of Virginia, relating to service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator.079097372
Patron: Kilgore
Civil remedies; when personal jurisdiction over person may be exercised. Grants personal jurisdiction over a nonresident in all cases in which a local tax, fine, penalty, interest, or similar charge is owed by the nonresident. Currently, the "long-arm" statute establishes jurisdiction over a nonresident who has incurred a tangible personal property tax liability.
A BILL to amend and reenact § 8.01-328.1 of the Code of Virginia, relating to when personal jurisdiction over person may be exercised.079095372
Patron: Ebbin
Conservator; requirements for sale of real estate. Provides that, prior to the conveyance of real estate, the court may require that a conservator of a person deemed incapacitated use a common source information company when listing the property for sale.
A BILL to amend and reenact § 37.2-1023 of the Code of Virginia, relating to powers of conservator; sale of real estate.077240300
Patron: Peace
Medical evidence; appeals to circuit court. Allows the procedure for introducing medical reports at the general district court level to be used in matters that are appealed to the circuit court.
A BILL to amend and reenact § 16.2-88.2 of the Code of Virginia, relating to evidence of medical reports and records in cases appealed to circuit court.078352454
Patron: Kilgore
Spaceflight Liability and Immunity Act; corporate tax exemptions for spaceflight entities. Grants immunity to spaceflight entities providing spaceflight activities to any participant in a suborbital flight. Spaceflight entities are required to distribute warning statements to all participants notifying them of their immunity from civil suit. The Act does not provide immunity from gross negligence, situations where the spaceflight entity has actual knowledge of a dangerous condition, or intentional injuries to the participant.
A BILL to amend and reenact the Code of Virginia by adding in Chapter 3 of Title 8.01 an article numbered 24, consisting of a section numbered 8.01-227.8, relating to the promotion of spaceflight in Virginia.077237424
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
Patron: Armstrong
Wills; writings intended as wills. States that if a document is not in compliance with the requirements of executing a will, the document can still be valid as a will if the proponent proves by clear and convincing evidence that the decedent intended the document to be (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or alteration of the will, or (iv) a partial or complete revival of a formerly revoked will or portion thereof. The remedy provided for in this bill may not be used to excuse any failure to comply with the requirement for a testator's signature, except where two persons mistakenly sign each other's will, or signs the self-proving certificate to a will instead of the will itself. The remedy is also only available in proceedings filed in the appropriate circuit court within one year after the decedent's death, and where all interested persons are made parties to the proceedings. The provisions of this bill apply to all documents of decedents who died on or after July 1, 1998, regardless of when the documents came into existence.
A BILL to amend the Code of Virginia by adding a section numbered 64.1-49.1, relating to writings intended as wills.079846216
Patron: Ware, O.
Department of Criminal Justice Services; bail bondsmen. Adds a definition of agent as a person licensed as a bail bondsman who has been given a power of attorney to act on behalf of a licensed property bail bondsman. The bill also provides that a property bail bondsman shall not enter into any bond if the aggregate of the penalty of such bond and all other bonds, on which he has not been released from liability, is in excess of four times the true market value of the equity in his real estate, cash, or certificates of deposit issued by a federally insured institution, or any combination thereof.
A BILL to amend and reenact §§ 9.1-185 and 9.1-185.8 of the Code of Virginia, relating to the Department of Criminal Justice Services; bail bondsmen.079119308