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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
Clerk: Angi Murphy
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: February 28, 2008
Time and Place: Immediately upon adjournment of Sen Transportation, Senate Room A
Patron: Ware, R.L.
Disregarding signal to stop; death of person; penalties. Provides that if a law-enforcement officer is killed or suffers serious bodily injury, as a result of the actions of a driver who has disregarded an officer's signal to stop his motor vehicle and who operates his motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person, the driver is guilty of a Class 4 felony. The bill also increases the penalty for disregarding a signal from a law-enforcement officer to stop or attempting to escape or elude a law-enforcement officer from a Class 3 misdemeanor to a Class 1 misdemeanor.
Patron: Lewis
Child restraints; penalties. Provides escalating penalties for repeat violators of the child restraint law. First time offenders will still be subject to the current civil penalty of fifty dollars, but those convicted of second or subsequent violations will be subject to a Class 3 misdemeanor penalty (fine up to $500). A third or subsequent conviction may result in driver's license suspension for 30 days.
Patron: Albo
Increased fines for traffic offenses. Imposes mandatory minimum fine of $2,250 for DUI offenses and mandatory minimum fines of $2,500 to $3,000 for vehicle-related felonies.
Patron: Kilgore
Civil procedure; disclosure of insurance liability limits. Allows an injured person, or his attorney, to obtain the liability of an insurance policy prior to filing a civil action for personal injuries resulting from a motor vehicle accident.
Patron: Albo
Involuntary commitment; indigent petitioner; right to counsel. States that, upon a finding that a petitioner is indigent, the court shall appoint the petitioner counsel.
Patron: Hamilton
Parental admission of minors for inpatient treatment; minors incapable of giving consent. Provides that minors 14 years of age or older who are incapable of giving informed consent may be admitted to inpatient treatment upon the application of a parent. The bill also defines the term "incapable of giving informed consent."
Patron: Hamilton
Emergency custody; who may accept custody. Allows the law-enforcement agency providing transportation to a person pursuant to an emergency custody order to transfer custody of the person to the facility or location to which the person is transported for evaluation if the facility or location (i) is licensed to provide the level of security necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security necessary to protect the person and others from harm, and (iii) has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody. This bill provides that the facility or location which accepts custody of a person may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.
Patron: Hamilton
Involuntary commitment petition; minors; withdrawal. Provides that a petition for the involuntary commitment of a minor shall be served upon the minor and the minor's parents unless the petition has been withdrawn or dismissed. Current law only provides that such petition need not be served if the petition has been dismissed.
Patron: Miller, J.H.
Misdemeanor arrest or summons at discretion of law-enforcement officer. 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 when the person fails to stop the unlawful act.
Patron: Bell
ECO, TDO, involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior or other relevant information, or suffer serious harm due to his lack of capacity to protect himself from harm, or provide for his basic human needs. This bill incorporates HB 1059 and HB 1237.
Patron: Bell
Commitment hearing; independent examiner or community services board member attending. Requires the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing.
Patron: Crockett-Stark
Sex offenses prohibiting entry onto school property; penalty. Provides that every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property. Currently, the prohibition only applies during school hours.
Patron: Watts
Medical records; disclosure; safe harbor. Provides that any health care provider or other provider rendering services to a person subject to involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties related to the commitment proceedings. The bill also provides that any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. This bill incorporates HB 1324.
Patron: Marsden
Psychiatric inpatient treatment of minors; timing of petition and hearing. Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the filing of the petition for such hearing. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission.
Patron: Marsden
Emergency custody orders; extension of time. Allows the magistrate to extend the time of emergency custody orders for one two-hour period if good cause exists to grant the extension. Good cause for an extension includes the need for additional time to (i) find a suitable facility in which to temporarily detain the person subject to the order, or (ii) complete a medical evaluation of the person.
Patron: Brink
Sex offenses prohibiting residing in proximity to children; penalty. Prohibits a person convicted of certain sex offenses from living within 500 feet of a public park that is adjacent to a primary, secondary or high school. A violation is a Class 6 felony and there is an exception if the public park was established within 500 feet of the offender's residence subsequent to his conviction.
Patron: Miller, J.H.
Enforcement of immigration laws; agreement with United States Immigrations and Customs Enforcement. States that it is the responsibility of the Governor to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow designated state and local law-enforcement officers to perform certain federal immigration law functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program.
Patron: Janis
Temporary custody orders; secure facility. Provides that a person who is subject to a temporary detention order shall remain in the custody of a law enforcement officer until the person is either detained within a secure facility or custody has been accepted by the appropriate personnel designated by the facility identified in the temporary detention order.
Patron: Janis
Temporary detention orders; admission as evidence. Clarifies that temporary detention orders and the records pertaining thereto are admissible as evidence because they are considered judicial records.
Patron: Janis
Purchase of firearms; consent form; mental health questions. Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment.
Patron: Janis
Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% BAC) 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 one year from the date of conviction and a mandatory minimum fine of $250. Punishment set forth in the bill mimics punishment for DUI.
Patron: Albo
Voluntary admission; report to CCRE. Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment.
Patron: Gilbert
Commitment hearings; petitioner right to appeal. Gives the petitioner the right to appeal a decision by the judge or special justice not to involuntarily commit a respondent.
Patron: Gilbert
Involuntary commitment; transfer to outpatient treatment. Provides that the person subject to an involuntary commitment order may petition the court to order that he be transferred to involuntary outpatient treatment or released and, upon consideration of the petition, a commitment hearing shall be conducted within 10 days. Only one such petition may be filed during each involuntary commitment order period.
Patron: Iaquinto
Abuse or neglect proceedings; videotaped statement. Allows a videotaped statement of an alleged victim to be admissible into evidence in a criminal proceeding for child abuse or neglect if the child is 12 years of age or younger at the time the statement is offered and a number of other conditions are met, including having the alleged victim testify prior to entry of the statement and having all persons present at the time the statement was taken available to testify or be cross-examined at the proceeding where the recording is offered. The proponent of the videotaped statement must give the adverse party 10 days notice prior to the proceeding of his intent to offer the statement as evidence.
Patron: Bell
Definition of pyramid promotional schemes; penalty. Redefines activities described as "pyramid promotional schemes". The bill also includes pyramid schemes among prohibited consumer practices.
Patron: Bell
Unlawful filming of another. Adds the misdemeanor offense of unlawful filming of another to the statute that makes the third offense of certain misdemeanor sex offenses a Class 6 felony. Under current law unlawful filming involving a nonconsenting person under the age of 18 is a Class 6 felony.
Patron: Bell
Presumption of no bail upon conviction of a violent felony. Provides that when a judicial officer considers bail, he 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 the person has been convicted of, but not sentenced for, any crime for which bail is presumed unavailable at charge, a violent felony as defined in § 17.1-805, or an attempt to commit any such offense.
Patron: Jones, D.C.
Virginia Fusion Intelligence Center; confidentiality; immunity. Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department and employees of other agencies assigned to the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.
Patron: Fralin
Involuntary commitment hearings; factors to consider. Allows the magistrate, when considering whether to issue a temporary detention order, and requires the special justice, when considering a petition for involuntary commitment, to consider: (i) the recommendations of any treating or examining physician licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any medical records available and (v) any affidavits submitted, if the witness is unavailable and it so states in the affidavit. A magistrate may also consider hearsay evidence and any other information available that he deems relevant to the determination of whether to issue a temporary detention order. A special justice is required to also consider the examiner's certification and the preadmission screening report.
Patron: Melvin
Incompetent defendants; misdemeanors; dismissal of charges. Provides that if a defendant has been charged with a nonviolent property or trespass misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days, if his capacity has not been restored, the court shall decide whether he should be released, committed, or certified.
Patron: Hugo
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.
EMERGENCY
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.
Patron: Nichols
Incident management. Provides that if a vehicle accident occurs on a highway, each vehicle shall be removed to the nearest exit ramp or parking area and also includes the nearest exit ramp or parking area in the definition of "scene of the accident." Also makes other technical amendments to increase the effectiveness and efficiency of incident management in the Commonwealth.
Patron: Cline
Misuse of public assets. Provides that any officer, agent, or employee of the Commonwealth, or of any city, town, county, or any other political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony. The bill defines public assets as any personal property or services belonging to or paid for by a public body.
Patron: Cline
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 cause confusion or reproduce, counterfeit, or colorably imitate a registered mark. The penalties for violations are increased from a Class 2 to a Class 1 misdemeanor unless the offense involves 100 or more counterfeit marks or counterfeit items with a value of more than $200, in which case the penalty is a Class 6 felony. In addition, counterfeit articles are subject to forfeiture.
Patron: Dance
Suspended license; unpaid fines. Authorizes the issuance for good cause shown and upon verification of employment of a six-month restricted permit to operate a motor vehicle during a period of suspension for unpaid fines and costs.
Patron: Scott, J.M.
Revocation of concealed handgun permits; notification of the State Police. Requires the court that issued a person a concealed handgun permit to revoke the permit upon notification by the State Police that the person has been convicted of an offense that would disqualify him from obtaining a permit or if the person is adjudicated legally incompetent, mentally incapacitated, or is involuntarily committed. The law currently requires such persons to forfeit and surrender their concealed handgun permits, but does not require the issuing court to revoke the permit.
Patron: Iaquinto
DUI ignition interlock limitations. Requires the implementation of ignition interlock following a first DUI conviction and raises the administrative fee from $20 to $75. The bill also provides that the offender pay a monthly fee of $30 to ASAP and that the person is prohibited from driving a school bus or a school vehicle. The bill has an effective date of October 1, 2008.
Patron: Byron
Database breach notification. Requires an individual or entity that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system following discovery or notification of the breach to any resident of the Commonwealth whose unencrypted and unredacted personal information was, or is reasonably believed to have been accessed and acquired by an unauthorized person. A breach is defined as the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal information regarding multiple individuals and that causes, or the individual or entity reasonably believes has caused, or will cause, identity theft or other fraud to any resident of the Commonwealth. Violations by a state-charted or licensed financial institution shall be enforceable exclusively by the financial institution's primary state regulator. Violations by an entity regulated by the State Corporation Commission shall be enforceable exclusively by the Commission. All other violations shall be enforced by the Office of the Attorney General, which may obtain either actual damages or a civil penalty not to exceed $150,000 per breach or series of breaches of a similar nature that are discovered in a single investigation. This bill incorporates HB 390 (Delegate Bulova), HB 971 (Delegate Shannon), HB 1052 (Delegate Plum), and HB 1504 (Delegate Nixon).
Patron: May
Gang-related criminal information. Requires law-enforcement agencies to forward gang-related criminal information to the Department of State Police for inclusion in the annual Crime in Virginia report. This bill incorporates HB 531.