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2008 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Clerk: Angi Murphy
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: March 3, 2008
Time and Place: 9:00 A.M., Senate Room A, General Assembly Building

H.B. 161

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.

H.B. 371

Patron: Carrico

Local control of firearms; attorney fees.  Requires a locality to pay attorney fees resulting from taking certain actions prohibited with regard to firearm control.

H.B. 445

Patron: Rust

Occupancy limits.  Provides that no enforcement action shall be taken against the owner or managing agent of a single-family residential dwelling unit if such owner or managing agent is diligently pursuing certain legal remedies against the tenant.

H.B. 573

Patron: Watts

Supervised visitation. The bill states that any time supervised visitation is ordered, it shall be done in compliance with the following definition of supervised visitation:

"Supervised visitation" means contact between a parent and a child that occurs in the immediate presence of a supervising person approved by the court and under conditions designed to prevent any physical, emotional, or sexual abuse, threats, intimidation, abduction, or humiliation of either the child or the child's custodial parent or guardian. The supervising person shall not be any family or household member as that term is defined in clauses (i), (ii), (iv), (v), and (vi) under the definition of "family or household member" in § 16.1-228, nor in anyway financially affiliated with the parent subject to the supervised visitation. However, if the court orders supervised visitation pursuant to a finding that a child was or is being abused or neglected pursuant to subdivision 4 under the "abused and neglected" definition in § 16.1-228, the supervising person shall not be a family or household member as that term is defined in its entirety in § 16.1-228.

H.B. 576

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.

H.B. 934

Patron: Gilbert

No parole for jail inmates convicted of multiple misdemeanors.  Eliminates parole for a jail inmate whose misdemeanor offenses are committed on or after July 1, 2008. Currently, jail inmates sentenced to serve more than 12 months in jail for a combination of misdemeanor offenses are eligible for parole.

H.B. 1125

Patron: Jones, S.C.

Virginia Port Authority; Craney Island Marine Terminal expansion.  Authorizes the Virginia Marine Resources Commission to grant easements and rights-of-way across and in the beds of Hampton Roads Harbor (Lower James River), including a portion of the Baylor Survey, to the Virginia Port Authority, for the eastward expansion of Craney Island.

H.B. 1142

Patron: Fralin

Virginia Recreational Facilities Authority. Delays the reversion of title to real property from the Virginia Recreational Facilities Authority to the Commonwealth, in the event that the Authority ceases to operate a project, until July 1, 2009.  This bill contains an emergency clause.

EMERGENCY

H.B. 1208

Patron: Melvin

Conveyance of subaqueous lands.  Authorizes the Governor to sell and convey approximately 0.157 acres of previously filled subaqueous lands along the Elizabeth River in the City of Norfolk to Fort Norfolk LLC, in accordance with § 28.2-1200.1, which provides that the Commonwealth may convey previously filled subaqueous lands to private parties in an amount equivalent to 25 percent of the assessed value of the specified parcel, exclusive of buildings or other improvements.

H.B. 1317

Patron: Alexander

Conveyance of subaqueous lands.  Provides that a landowner may obtain a declaration from the Marine Resources Commission as to whether certain property is considered state-owned bottomlands and authorizes the Governor to sell and convey any interest that the Commonwealth retains in approximately 3.615 acres of previously filled subaqueous lands along the Lafayette River in the City of Norfolk to Thornton Hall of Norfolk LLC and 0.2 acres to Thornton Hall Inc. in accordance with § 28.2-1200.1, which provides that the Commonwealth may convey previously filled subaqueous lands to private parties in an amount equivalent to 25 percent of the assessed value of the specified parcel, exclusive of buildings or other improvements.

H.B. 1362

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.

H.B. 1442

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.

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.