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2008 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Date of Meeting: February 18, 2008
Time and Place: 8:30 AM, Senate Room A, General Assembly Building

H.B. 105

Patron: Albo

Appointment of designees by chairmen of Courts of Justice Committees.  Allows the chairmen of the Courts of Justice committees to designate another member of the committee to sit in their stead on certain commissions.

Subcommittee: Civil

01/21/08 House: Reported from Courts of Justice (21-Y 0-N)

01/25/08 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)

Last 5 actions:
01/25/08 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
01/25/08 House: Communicated to Senate
01/28/08 Senate: Constitutional reading dispensed
01/28/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 151

Patron: Lewis

Name change; proof that the applicant is U.S. citizen. Requires that every application for a change of name contain proof that the applicant is a United States citizen.

Subcommittee: Civil

01/21/08 House: Reported from Courts of Justice with amendments (20-Y 1-N)

01/25/08 House: Read third time and passed House (94-Y 3-N)

Last 5 actions:
01/25/08 House: VOTE: --- PASSAGE (94-Y 3-N)
01/25/08 House: Communicated to Senate
01/28/08 Senate: Constitutional reading dispensed
01/28/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 224

Patron: Cosgrove

Driving while intoxicated; elimination of requirement that intoxicant be self-administered. Eliminates the requirement that a person be under the influence of a self-administered intoxicant or drug in order to be convicted of driving while intoxicated. Instead, a person may be convicted if he operates a motor vehicle while under the influence of any self-administered narcotic drug or any other intoxicant or drug or any such substance he knows was administered to him.

Impact Statements

Subcommittee: Criminal

01/21/08 House: Reported from Courts of Justice with substitute (21-Y 0-N)

01/25/08 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)

Last 5 actions:
01/25/08 House: Communicated to Senate
01/28/08 Senate: Constitutional reading dispensed
01/28/08 Senate: Referred to Committee for Courts of Justice
02/04/08 House: Impact statement from DPB (HB224H1)
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 264

Patron: Ware, O.

Landlord and tenant law; appointment of resident agent by nonresident property owner. Requires that the Secretary of the Commonwealth, when acting as an agent for non-resident property owners, shall forward service of process to the address shown on the official tax record of the locality. Currently it is to be sent to the address shown on the lease.

Subcommittee: Civil

02/01/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 403

Patron: Hamilton

Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to an emergency, if a state of emergency has been or is subsequently declared, are not liable for any injury or wrongful death arising from the delivery or withholding of health care, if the withholding of health care or negligence was the result of a lack of resources attributable to the emergency. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition.

01/28/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee on Education and Health
02/14/08 Senate: Rereferred from Education and Health (15-Y 0-N)
02/14/08 Senate: Rereferred to Courts of Justice

H.B. 410

Patron: Griffith

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.

Impact Statements

02/08/08 House: Reported from Courts of Justice (22-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice
02/15/08 House: Impact statement from DPB (HB410)

H.B. 521

Patron: Suit

Mechanics' lien; active duty members of the military. Requires, if it is shown that the owner of a vehicle is an active duty member of the military, the Department of Motor Vehicles to include that information when lienholders inquire into vehicle ownership for the purposes of satisfying a lien. Also the bill requires persons having a lien to comply with the federal Servicemembers Civil Relief Act.

Impact Statements

Subcommittee: Civil

01/21/08 House: Reported from Courts of Justice (21-Y 0-N)

01/25/08 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)

Last 5 actions:
01/25/08 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
01/25/08 House: Communicated to Senate
01/28/08 Senate: Constitutional reading dispensed
01/28/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 557

Patron: Valentine

Criminal procedure; provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons. Eliminates § 8.01-407.1 from the sweep-in provision of the section since the provisions of  § 8.01-407.1 apply only to civil cases.

Subcommittee: Criminal

01/21/08 House: Reported from Courts of Justice (21-Y 0-N)

01/25/08 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)

Last 5 actions:
01/25/08 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
01/25/08 House: Communicated to Senate
01/28/08 Senate: Constitutional reading dispensed
01/28/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 584

Patron: Marsden

Presumption of knowledge of statewide standard of care; malpractice.  Adds nurses licensed by a state participating in the Nurse Licensure Compact to those persons presumed to know the statewide standard of care in the field in which they are qualified or certified for purposes of medical malpractice actions or proceedings before a medical malpractice review panel.

Impact Statements

Subcommittee: Civil

02/04/08 House: Reported from Courts of Justice with amendment (21-Y 0-N)

02/08/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/08/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/08/08 House: Communicated to Senate
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 586

Patron: Marsden

Remand of bail appeal. Allows the Supreme Court or Court of Appeals to remand an appeal of denial of bail to circuit court for such further action regarding bail as the appellate court directs. Currently the appellate court is limited to setting bail after overruling the denial. This is a recommendation of Judicial Council.

02/08/08 House: Reported from Appropriations (24-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 597

Patron: McClellan

Crimes; effect of subsequent marriage to child over 14 years of age. Repeals the code section that provides a defense to carnal knowledge of a 14-year-old female when there is a subsequent marriage of the victim and the perpetrator.

02/08/08 House: Reported from Courts of Justice with substitute (19-Y 3-N)

02/12/08 House: Read third time and passed House (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House (98-Y 0-N)
02/12/08 House: VOTE: --- PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 616

Patron: Amundson

Malpractice actions; limitation.  Extends the two-year limitations period for personal injury actions in malpractice cases arising out of the negligent failure to diagnose a malignant tumor or to communicate such diagnosis to the patient for a period of one year from the date the existence of a malignant tumor is communicated to the patient.

Subcommittee: Civil

02/04/08 House: Reported from Courts of Justice with amendment (22-Y 0-N)

02/08/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/08/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/08/08 House: Communicated to Senate
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 644

Patron: Hogan

Master Settlement Agreement; enforcement requirements for tobacco product manufacturers; national sales information.  Requires every tobacco product manufacturer whose cigarettes are to be sold in the Commonwealth to submit, as a condition of selling cigarettes in the Commonwealth, to the Attorney General a true and correct copy of each annual return or report filed with the Alcohol and Tobacco Tax and Trade Bureau for federal excise tax purposes.  Failure to submit the annual return or report will result in the loss of the tobacco manufacturer’s authority to sell cigarettes in the Commonwealth after 30 day’s notice.  This bill also provides provisions for the protection of the annual return data once in the possession of the Attorney General.

Impact Statements

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 682

Patron: Miller, P.J.

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

02/08/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 710

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 injury. 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.

Subcommittee: Criminal

02/04/08 House: Reported from Courts of Justice with amendment (18-Y 4-N)

02/08/08 House: Read third time and passed House (80-Y 19-N)

Last 5 actions:
02/08/08 House: VOTE: --- PASSAGE (80-Y 19-N)
02/08/08 House: Communicated to Senate
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 713

Patron: Janis

Preliminary protective orders; stalking; extension.  Allows the court to extend a preliminary protective order for a period of up to six months if the respondent fails to appear at the hearing. Language mirrors subsection B of § 16.2-253.1, relating to preliminary protective orders in family abuse cases.

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 715

Patron: Janis

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.

02/01/08 House: Reported from Courts of Justice with amendment (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice

H.B. 716

Patron: Janis

Conduct punishable as disorderly conduct. Removes the proviso that conduct punishable elsewhere in the Code as criminal conduct may not also be punished as disorderly conduct. This bill responds to the decision in Battle v. Commonwealth, 50 Va. App. 135, 647 S. E. 2d 499 (2007).

Impact Statements

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 717

Patron: Janis

Posting of bonds in support cases.  Clarifies that a court is not precluded from imposing a bond or recognizance designed to secure a child or spousal support obligation in cases where an additional bond or recognizance is imposed as a condition of the release of an obligor.

Subcommittee: Civil

01/28/08 House: Reported from Courts of Justice (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 729

Patron: Scott, E.T.

Marriage license.  Requires that the marriage record prepared by the clerk in issuing a marriage license include the last four digits of the social security number of each party if such number has been issued to the party by the Social Security Administration.

Subcommittee: Civil

02/01/08 House: Reported from Courts of Justice (14-Y 8-N)

02/08/08 House: Read third time and passed House (86-Y 13-N)

Last 5 actions:
02/08/08 House: VOTE: --- PASSAGE (86-Y 13-N)
02/08/08 House: Communicated to Senate
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 830

Patron: Kilgore

Affidavit as evidence of sex offender's failure to register; custodian of records. Provides that a person accused of failing to register or reregister as a sex offender may call, in any hearing or trial where an affidavit from the State Police stating the failure to register or reregister is admitted into evidence, the custodian of records issuing the affidavit as a witness. The custodian of records will be considered to be an adverse witness and he shall be summoned and appear at the cost of the Commonwealth.

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice with amendment (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 882

Patron: Loupassi

Administrative orders; collection of interest.  Provides that administrative orders will be able to provide for interest and fix the period at which the interest commences on any principal sum awarded. The bill would, in the interest context, treat administrative orders as if they were a verdict, judgment, or decree.

Subcommittee: Civil

01/28/08 House: Reported from Courts of Justice (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 902

Patron: Mathieson

Registration procedures under the Sex Offender and Crimes Against Minors Act.  Clarifies that the vehicle information currently required to be filed with the registration is motor vehicle, watercraft and aircraft information.

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/07/08 House: Read third time and passed House (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: --- PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 931

Patron: Gilbert

Manufacturing, selling, giving, distributing of methamphetamine; penalty.  Provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill also provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1,000,000 and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.

Impact Statements

02/08/08 House: Reported from Appropriations (24-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 949

Patron: Iaquinto

Slayer statute. Amends the definition of "slayer" to include a person who is acquitted of murder criminally, but who is determined, by a preponderance of the evidence, either before or after his death, by a court to have murdered the decedent. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also provides that insurance companies are not liable on life insurance policies acquired by the slayer for the decedent if (i) the policy was procured by the slayer as part of the plan to murder the decedent, and (ii) the decedent's death from the slayer's act was within two years of the date the policy was issued.  The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevent a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute.

Subcommittee: Civil

02/01/08 House: Reported from Courts of Justice with amendments (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 956

Patron: Miller, P.J.

Criminal Injuries Compensation Fund; PERK reimbursements.  Allows the Fund to directly reimburse a health care provider for the costs of performing the physical evidence recovery kit (PERK) examinations used in cases of sexual assault.  The defendant, upon conviction, is required to reimburse the Commonwealth.

02/08/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 972

Patron: Shannon

Ford and Pullman property grants.  Ratifies the conveyance of certain lands in the County of Fairfax by the Commonwealth in 1951 and 1962.

Impact Statements

Subcommittee: Civil

01/29/08 House: Reported from General Laws with substitute (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil
02/13/08 House: Impact statement from DPB (HB972H1)

H.B. 978

Patron: Nutter

Property transfer; Virginia Tech. Authorizes the board of visitors of Virginia Polytechnic Institute and State University, with the approval of the Governor, to convey 95 acres to the Virginia Tech Foundation, Inc. to allow the expansion of the Virginia Tech Corporate Research Center.

Impact Statements

02/08/08 House: Reported from General Laws with substitute (21-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice
02/14/08 House: Impact statement from DPB (HB978H1)

H.B. 1037

Patron: Marshall, D.W.

Sale or conversion of nonprofit hospitals; public hearing.  Requires that, no later than 40 days prior to any disposition of assets, a nonprofit entity shall convene a public meeting to set forth its expectations about how the health care needs of the community will be served following the proposed disposition of assets and to receive comments and respond to questions on the potential impact of the proposed disposition of assets on the community served by the nonprofit entity. This bill also provides that notice of the time and place of such meeting shall be published at least 10 days prior to the meeting in a newspaper in which legal notices may be published in that jurisdiction.

Impact Statements

Subcommittee: Civil

01/29/08 House: Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)

02/01/08 House: Read third time and passed House (97-Y 1-N 1-A)

Last 5 actions:
02/01/08 House: Communicated to Senate
02/04/08 House: Impact statement from DPB (HB1037H1)
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 1042

Patron: Griffith

Homestead deeds; previous filings.  Adds to the homestead deed form the following questions: (i) how many homestead deeds has the householder filed previously, (ii) what was the amount of the exemption, and (iii) what jurisdiction was it in.

Subcommittee: Civil

01/28/08 House: Reported from Courts of Justice (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 1043

Patron: Watts

Use of polygraph on sex offense victims. Provides that no complaining witness of any alleged offense involving criminal sexual activity shall be requested to submit to a polygraph examination as a condition of proceeding with an investigation of the offense.

02/08/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 1044

Patron: Watts

Sex Offender Registry.  Makes it perfectly clear that persons convicted under certain Code sections that were amended by the 2007 General Assembly must register even though the sections have been rewritten. The bill requires the registration of any conviction of certain crimes involving use of a communications system to facilitate certain offenses involving children rather than current law which requires registration only when the victim is a minor or is physically helpless; because the crime exists only if the victim is a minor. The bill also revises definitions to make it clear that an out-of-state conviction for a registerable offense has the same status as a Virginia conviction.

Impact Statements

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 1133

Patron: Fralin

Enforcement of deed of trust or mortgage.  Reduces the time in which one may enforce a deed of trust or mortgage from 20 years to 10 years.

Subcommittee: Civil

01/28/08 House: Reported from Courts of Justice (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 1136

Patron: Griffith

Sentencing proceeding by the jury after conviction. Provides that criminal sentencing by a jury may be done by a different jury if the original jury cannot agree on punishment.

Subcommittee: Criminal

02/04/08 House: Reported from Courts of Justice (19-Y 3-N)

02/08/08 House: Read third time and passed House (63-Y 36-N)

Last 5 actions:
02/08/08 House: VOTE: --- PASSAGE (63-Y 36-N)
02/08/08 House: Communicated to Senate
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 1178

Patron: Lingamfelter

Forgery; penalty. Provides that anyone who affixes a facsimile or likeness of the signature of another person to a writing, with the intent to create the false impression that the writing was signed by that person, is guilty of a Class 1 misdemeanor.

Impact Statements

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/08/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/08/08 House: Communicated to Senate
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal
02/14/08 House: Impact statement from DPB (HB1178H1)

H.B. 1205

Patron: Melvin

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

02/08/08 House: Reported from Courts of Justice with substitute (22-Y 0-N)

02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/12/08 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08 House: Communicated to Senate
02/13/08 Senate: Constitutional reading dispensed
02/13/08 Senate: Referred to Committee for Courts of Justice

H.B. 1254

Patron: Marsden

Juvenile records; confidentiality.  Allows the Department of Juvenile Justice to share with law enforcement the information of a juvenile, without request, if the Department reasonably believes that it would aid in a criminal investigation involving a criminal street gang as the term is defined in § 18.2-46.1. Also, the bill provides that when such information is exchanged, it shall not include identifying information of the juvenile.

Impact Statements

Subcommittee: Criminal

02/04/08 House: Reported from Courts of Justice with amendments (19-Y 2-N)

02/11/08 House: Read third time and passed House (98-Y 0-N)

Last 5 actions:
02/11/08 House: Communicated to Senate
02/12/08 House: Impact statement from DJJ (HB1254E)
02/12/08 Senate: Constitutional reading dispensed
02/12/08 Senate: Referred to Committee for Courts of Justice
02/13/08 Senate: Assigned Courts sub: Criminal

H.B. 1294

Patron: Athey

Good Samaritan statute; where protection extends; what is considered compensation.  Provides that immunity under the statute extends to those providing care at a location for screening or stabilization in addition to the scene of the accident and en route to the hospital. Also the bill clarifies that reimbursement for expenses is not considered compensation under the statute.

Subcommittee: Civil

01/28/08 House: Reported from Courts of Justice (22-Y 0-N)

02/01/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/01/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/08 House: Communicated to Senate
02/04/08 Senate: Constitutional reading dispensed
02/04/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Civil

H.B. 1384

Patron: Janis

Selection of grand jurors. Clarifies that disinterest in outcome is required when a selection of grand jurors is made.

Subcommittee: Criminal

02/01/08 House: Reported from Courts of Justice with amendments (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal

H.B. 1542

Patron: Janis

Salary of district court clerk's office employees; supplements.  Allows localities to supplement the salary of district court clerk's office employees.

Impact Statements

02/01/08 House: Reported from Courts of Justice with amendments (22-Y 0-N)

02/07/08 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

Last 5 actions:
02/07/08 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/08 House: Communicated to Senate
02/08/08 Senate: Constitutional reading dispensed
02/08/08 Senate: Referred to Committee for Courts of Justice
02/11/08 House: Impact statement from DPB (HB1542E)

H.B. 1576

Patron: Morgan

Award of service handgun. Allows William A. Pruitt, retired Commissioner of the Virginia Marine Resources Authority, to purchase his service handgun.

02/06/08 House: Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N)

02/11/08 House: Passed House BLOCK VOTE (98-Y 0-N)

Last 5 actions:
02/11/08 House: Passed House BLOCK VOTE (98-Y 0-N)
02/11/08 House: VOTE: BLOCK VOTE PASSAGE #2 (98-Y 0-N)
02/11/08 House: Communicated to Senate
02/12/08 Senate: Constitutional reading dispensed
02/12/08 Senate: Referred to Committee for Courts of Justice