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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.
2008 SESSION
Chairman: Henry L. Marsh III
Date of Meeting: February 6, 2008
Time and Place: 2:00 p.m., Senate Room A, General Assembly Bldg.
Patron: Lucas
Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
12/26/07 Senate: Prefiled and ordered printed; offered 01/09/08 081195260
12/26/07 Senate: Referred to Committee for Courts of Justice
01/10/08 Senate: Assigned Courts sub: Criminal
01/30/08 Senate: Impact statement from DPB (SB88)
Patron: Reynolds
Definition of pyramid promotional schemes; penalty. Clearly defines activities described as "pyramid promotional schemes" and punishes any person who establishes, promotes, operates, or participates in any pyramid promotional scheme with a Class 1 misdemeanor. Currently, participation in such a scheme is not a crime.
Subcommittee: Criminal
Last 5 actions:
12/26/07 Senate: Prefiled and ordered printed; offered 01/09/08 088620316
12/26/07 Senate: Referred to Committee for Courts of Justice
01/10/08 Senate: Assigned Courts sub: Criminal
Patron: McDougle
Driving without a license; penalty. Requires the court to suspend the driving privileges of a person convicted of driving without a license for a period not to exceed 90 days.
Subcommittee: Criminal
Last 5 actions:
01/03/08 Senate: Prefiled and ordered printed; offered 01/09/08 083807272
01/03/08 Senate: Referred to Committee on Transportation
01/10/08 Senate: Rereferred from Transportation (15-Y 0-N)
01/10/08 Senate: Rereferred to Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
Patron: McDougle
Traffic lights; penalty. Creates a Class 1 misdemeanor for running a red light, if running the red light is the sole and proximate cause of the death of another.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/03/08 Senate: Referred to Committee on Transportation
01/10/08 Senate: Rereferred from Transportation (15-Y 0-N)
01/10/08 Senate: Rereferred to Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
01/23/08 Senate: Impact statement from DPB (SB115)
Patron: McDougle
Driver's license and registration; failure to carry. Imposes a fine of between $50 and $250 for failing to carry a driver's license and vehicle registration card. The current fine is $10. The existing provision that the summons will be dismissed if the person produces a license that was issued to him before the summons was issued or a registration card remains unchanged.
Impact Statements
Last 5 actions:
01/07/08 Senate: Prefiled and ordered printed; offered 01/09/08 081529272
01/07/08 Senate: Referred to Committee on Transportation
01/10/08 Senate: Rereferred from Transportation (15-Y 0-N)
01/10/08 Senate: Rereferred to Courts of Justice
01/28/08 Senate: Impact statement from DPB (SB224)
Patron: Lucas
School employees; criminal acts. Requires (i) notification to the Superintendent of Public Instruction and the division superintendent of the conviction of any individual holding a license issued by the Board of Education; (ii) local school boards to develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee; (iii) the Board of Education to include requirements for the denial, suspension, cancellation, revocation, and reinstatement of licensure in its licensure regulations; (iv) notification to the Board of Education when a licensed employee of a school board is dismissed or resigns for certain convictions of enumerated crimes; and (v) notification to the Superintendent of Public Instruction when any individual holding a license is the subject of a founded complaint of child abuse or neglect. There is also a technical amendment.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/08/08 Senate: Prefiled and ordered printed; offered 01/09/08 083341816
01/08/08 Senate: Referred to Committee for Courts of Justice
01/11/08 Senate: Assigned Courts sub: Criminal
01/28/08 Senate: Impact statement from DPB (SB241)
Patron: Reynolds
Database breach notification. Requires that an individual or a commercial entity that conducts business in Virginia and that owns or licenses data that includes personal information about a resident of Virginia shall, when it becomes aware of a breach of the security of the system, (i) conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and (ii) notify the Office of the Attorney General that a breach has occurred. A breach of the security of the system is defined as the unauthorized acquisition and access of unencrypted or unredacted data that compromises the security, confidentiality, or integrity of personal information maintained by an individual or a commercial entity. Types of notification meeting the requirements of this bill are listed, but not required if, after a reasonable investigation, the person or commercial entity determines that there is no reasonable likelihood of harm to affected Virginia residents. The Attorney General may bring an action in law to address violations and ensure proper compliance with this section. Nothing in this section shall limit an individual from recovering direct economic damages resulting from a violation of this section.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/08/08 Senate: Prefiled and ordered printed; offered 01/09/08 085678810
01/08/08 Senate: Referred to Committee for Courts of Justice
01/10/08 Senate: Assigned Courts sub: Criminal
01/24/08 Senate: Impact statement from DPB (SB307)
Patron: Vogel
Possession of concealed weapons in vehicles. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment.
Last 5 actions:
01/08/08 Senate: Prefiled and ordered printed; offered 01/09/08 086550338
01/08/08 Senate: Referred to Committee for Courts of Justice
Patron: Vogel
Crimes; violence against women; testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses. Eliminates the procedure for a probable cause hearing to obtain a court order to require a defendant to undergo HIV testing when he has been charged with a defined violent offense against a child or woman and has initially refused an HIV test.
Subcommittee: Criminal
Last 5 actions:
01/08/08 Senate: Prefiled and ordered printed; offered 01/09/08 080517806
01/08/08 Senate: Referred to Committee for Courts of Justice
01/11/08 Senate: Assigned Courts sub: Criminal
Patron: Petersen
Diversion Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to determine suitability to participate in the Diversion Center Incarceration Program.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 086522824
01/09/08 Senate: Referred to Committee for Courts of Justice
01/11/08 Senate: Assigned Courts sub: Criminal
01/22/08 Senate: Impact statement from DPB (SB451)
Patron: Hanger
Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 085926232
01/09/08 Senate: Referred to Committee for Courts of Justice
Patron: McDougle
Resetting of bail, amending bail set upon arrest. When the court having jurisdiction of a bail proceeding believes the amount of bond or security set by a judicial officer at initial arrest to be inadequate or excessive, it may change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring. Currently, the court is limited to increasing the initial bail and may not impose additional bail requirements such as alcohol and drug monitoring.
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 083805272
01/09/08 Senate: Referred to Committee for Courts of Justice
01/11/08 Senate: Assigned Courts sub: Criminal
Patron: McDougle
Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% blood alcohol concentration) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides for forfeiture of such person's license to operate a motor vehicle for a period of not less than six months or more than a year from the date of conviction and either a mandatory minimum 50 hours of community service or a mandatory minimum fine of $500.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 080817272
01/09/08 Senate: Referred to Committee for Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
01/17/08 Senate: Impact statement from DPB (SB507)
Patron: Cuccinelli
Virginia Public Procurement Act; required contract provisions; immigration status verification. Requires contractors to certify that they have undertaken immigration status verification on all of their employees, and that all employees are legally authorized to work in the United States
Subcommittee: Special on Immigration
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 080442806
01/09/08 Senate: Referred to Committee for Courts of Justice
01/28/08 Senate: Assigned Courts sub: Special on Immigration
Patron: Obenshain
Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report."
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 081460806
01/09/08 Senate: Referred to Committee for Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Master Settlement Agreement; criminal enforcement activities; penalty. Makes several changes to enhance criminal enforcement activities. The bill provides that any tobacco product manufacturer, stamping agent, or importer of cigarettes, or any officer, employee, or agent of any such entity, who knowingly makes any materially false statement in reports, documents, and tax returns required to be filed or kept under the Master Settlement Agreement or other substantive law shall be guilty of a Class 6 felony. The Attorney General is authorized to prosecute such cases. The bill also requires persons to file cigarette delivery sales information with the Attorney General in addition to the current requirement that such information be filed with the Virginia Alcoholic Beverage Control Board. The bill adds criminal penalties for failure to file the required information, under current law all penalties are civil. The Attorney General is authorized to assess the civil penalties and prosecute criminal violations. In addition, the bill includes within the definition of "racketeering activity" the filing of false reports under the Tobacco Product Manufacturers Act, of false reports of cigarette delivery sales, and of false tobacco tax reports. The effective date of the bill is contingent on the appropriation of funds in the 2008 or a subsequent general appropriation act.
Impact Statements
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 082382806
01/09/08 Senate: Referred to Committee for Courts of Justice
01/11/08 Senate: Impact statement from VCSC (SB544)
Patron: Hurt
Master Settlement Agreement; regulation of cigarette manufacturers. Makes several changes to enhance the regulation of cigarette manufacturers and stamping agents and enforcement provisions. Changes include (i) establishing a bonding requirement for newly qualified and elevated risk nonparticipating tobacco manufacturers, (ii) authorizing the Attorney General to conduct audits and investigations for compliance with the requirements of the Master Settlement Agreement, (iii) requiring nonparticipating manufacturers located outside of the United States to appoint an agent in the state, and (iv) providing for the joint and several liability of nonparticipating manufacturers whose cigarettes are sold in Virginia and their importers for the deposit of required escrow payments. Under the bill, tobacco product manufacturers that are poor compliance risks or are not in compliance with the requirements of the Master Settlement Agreement may not be listed on the Virginia Tobacco Directory. The bill also exempts from FOIA records of the Office of the Attorney General acting pursuant to its enforcement authority under the Master Settlement Agreement, to the extent that such records contain reports, affidavits, correspondence, or other information submitted by a private business entity or principal thereof to the Office of the Attorney General.
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 082381806
01/09/08 Senate: Referred to Committee for Courts of Justice
Patron: Hurt
Criminal appeals. Provides that in order to appeal a circuit court conviction of a traffic infraction or a crime the defense counsel or the trial judge must certify that there is a legitimate issue for appeal.
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 086951556
01/09/08 Senate: Referred to Committee for Courts of Justice
01/21/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Multijurisdictional grand juries. Adds crimes related to identity theft and credit card fraud to the matters that a multijurisdictional grand jury may investigate .
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 086950556
01/09/08 Senate: Referred to Committee for Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Appointment of counsel; indigent defendants. Maintains the current provision, due to expire on July 1, 2008, that if there is no attorney reasonably available who is on the list maintained by the Indigent Defense Commission, the court may appoint an appropriately trained and experienced attorney not on the list and must notify the Commission of the appointment. The bill also clarifies that when the public defender is unable to represent the defendant due to a conflict of interest or the court finds that the appointment of other counsel is necessary to attain the ends of justice, the appointment shall be from the list maintained by the Commission.
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 080554846
01/09/08 Senate: Referred to Committee for Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
Patron: Saslaw
Trademarks and service marks; penalties. Expands the scope of laws protecting trademarks and service marks to include such marks registered with other states and the federal government, and makes it unlawful to reproduce, counterfeit, or colorably imitate a registered mark and apply it to patches, fabric, stickers, badges, emblems, medallions, charms, boxes, containers, cans, cases, handbags, documentation, packaging, or other components intended to be used on or in connection with goods or services. The penalties for violations are increased. Violations are punishable as a Class 1 misdemeanor unless the offense involves 100 or more items bearing a counterfeit mark or items with a counterfeit mark with a retail value of more than $200, in which case it is a Class 6 felony. Convictions where the offender maliciously causes or attempts to cause bodily injury of another is a Class 3 felony. If bodily injury is done unlawfully but not maliciously, it is a Class 6 felony. In addition, counterfeit articles are subject to forfeiture and violators are subject to a fine of up to three times the retail value of the goods.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Referred to Committee on Commerce and Labor
01/11/08 Senate: Impact statement from VCSC (SB577)
01/14/08 Senate: Rereferred from Commerce and Labor (15-Y 0-N)
01/14/08 Senate: Rereferred to Courts of Justice
01/21/08 Senate: Assigned Courts sub: Criminal
Patron: Norment
Alcoholic beverages; underage possession. Changes the penalty for possession of alcoholic beverages by a person under age 21 to a Class 2 misdemeanor (confinement in jail for not more than six months and a fine of not more than $1000, either or both) from a Class 1 misdemeanor (confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both).
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 086527284
01/09/08 Senate: Referred to Committee on Rehabilitation and Social Services
01/18/08 Senate: Rereferred from Rehabilitation and Social Services (15-Y 0-N)
01/18/08 Senate: Rereferred to Courts of Justice
01/21/08 Senate: Assigned Courts sub: Criminal
Patron: Norment
Medical malpractice; professional services. Defines the term "professional services" in the context of medical malpractice actions as services provided to a patient by a health care provider pursuant to federal or state statutes or regulations. The bill also provides that the definition of "health care" includes professional services provided during a patient's residency at a nursing home. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006).
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 086151284
01/09/08 Senate: Referred to Committee for Courts of Justice
Patron: Stolle
Detention Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to have the defendant's suitability to participate in the Detention Center Incarceration Program determined.
Impact Statements
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 086519824
01/09/08 Senate: Referred to Committee for Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
01/22/08 Senate: Impact statement from DPB (SB611)
Patron: Stolle
Petit larceny; substance abuse. Provides that a person who is convicted for the second time of petit larceny must undergo substance abuse screening as part of the sentence if the sentence includes probation supervision by a community-based probation services agency.
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 081526328
01/09/08 Senate: Referred to Committee for Courts of Justice
01/14/08 Senate: Assigned Courts sub: Criminal
Patron: Stolle
Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), or any felony offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person), any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall exist unless and until notification is received from the United States Immigration and Customs Enforcement that it does not intend to detain the person.
Subcommittee: Special on Immigration
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 081698838
01/09/08 Senate: Referred to Committee for Courts of Justice
01/28/08 Senate: Assigned Courts sub: Special on Immigration
Patron: Ticer
Supplementing compensation of public defenders. Permits counties or cities that have public defender offices to supplement, payable from their own funds, the compensation of the public defender or his deputies or employees in excess of the compensation fixed by the executive director of the Virginia Indigent Defense Commission.
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 088204336
01/09/08 Senate: Referred to Committee for Courts of Justice
Patron: Ticer
Notification of service of protective order. Provides that persons who have obtained a protective order shall receive notice of the service of such order by the local police department, sheriff's office, or other law-enforcement agency that served the order on the person subject to the order. The notification may be made through the Virginia Statewide VINE (Virginia Information and Notification Everyday) System.
Subcommittee: Criminal
Last 5 actions:
01/09/08 Senate: Prefiled and ordered printed; offered 01/09/08 080743336
01/09/08 Senate: Referred to Committee for Courts of Justice
01/17/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Extradition. Clarifies that a sheriff or police chief of a locality may hire a private entity to perform extraditions on behalf of the Commonwealth.
Subcommittee: Criminal
Last 5 actions:
01/18/08 Senate: Presented and ordered printed 088917556
01/18/08 Senate: Referred to Committee for Courts of Justice
01/22/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Bail. Allows the court to bar a person from returning to a workplace, or temporarily suspend a person from an office of public trust as a condition of bail.
Subcommittee: Criminal
Last 5 actions:
01/18/08 Senate: Presented and ordered printed 088919556
01/18/08 Senate: Referred to Committee for Courts of Justice
01/22/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Prosecution of identity theft; statute of limitations. Allows prosecutions for misdemeanor identity theft to be commenced within the same limits as computer crimes. Those limits are the earlier of (i) five years after the commission of the last illegal act or (ii) one year after the existence of the illegal act and the identity of the offender are discovered.
Subcommittee: Criminal
Last 5 actions:
01/18/08 Senate: Presented and ordered printed 088920556
01/18/08 Senate: Referred to Committee for Courts of Justice
01/22/08 Senate: Assigned Courts sub: Criminal
Patron: Hurt
Concealed weapons; attorney for the Commonwealth may carry without a permit. Authorizes an attorney for the Commonwealth or an assistant attorney for the Commonwealth to carry a concealed handgun without obtaining a permit wherever such attorney may travel in the Commonwealth. Current law only authorizes an attorney for the Commonwealth to carry a concealed handgun without a permit while in the discharge of his official duties or while in transit to and from such duties.
Last 5 actions:
01/18/08 Senate: Presented and ordered printed 088921556
01/18/08 Senate: Referred to Committee for Courts of Justice
Patron: Obenshain
Professions and occupations; unlawful acts; employing illegal aliens. Provides that it is cause for disciplinary action by any regulatory board established pursuant to Title 54.1 against a regulant if such regulant has been convicted of a state or federal law prohibiting the employment of persons who are not legally eligible to be employed in the United States.
Impact Statements
Subcommittee: Special on Immigration
Last 5 actions:
01/18/08 Senate: Presented and ordered printed 089851288
01/18/08 Senate: Referred to Committee for Courts of Justice
01/23/08 Senate: Impact statement from DPB (SB782)
01/28/08 Senate: Assigned Courts sub: Special on Immigration
Patron: Deeds
Policies for responding to crimes involving sexual assault. Requires that the Department of State Police and local law-enforcement agencies establish written policies and procedures regarding response to incidents involving sexual assault. The Department of Criminal Justice Services is directed to provide law-enforcement agencies with technical support and assistance in developing the policies and procedures.
Subcommittee: Criminal
Last 5 actions:
01/18/08 Senate: Presented and ordered printed 089869220
01/18/08 Senate: Referred to Committee for Courts of Justice
01/22/08 Senate: Assigned Courts sub: Criminal