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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: January 16, 2008
Time and Place: 2:00 p.m., Wednesday, January 16, 2007, Senate Room A

S.B. 1 Civil remedial fees on certain drivers; repealed.

Patron: Houck

Civil remedial fees imposed on certain drivers.  Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers.  The bill further provides for refunds of any fees paid, with interest.

S.B. 4 Civil remedial fees on certain drivers; repealed.

Patron: Puller

Civil remedial fees imposed on certain drivers.  Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers.  The bill further provides for refunds of any fees paid, with interest.

S.B. 6 Civil remedial fees on certain drivers; repealed.

Patron: Lucas

Civil remedial fees imposed on certain drivers.  Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers.  The bill further provides for refunds of any fees paid, with interest.

S.B. 19 Judges; increases mandatory retirement age.

Patron: Edwards

Mandatory retirement age for judges. Increases the mandatory retirement age for judges from age 70 to age 75.

S.B. 34 Judges; increases mandatory retirement age.

Patron: Deeds

Mandatory retirement for judges.  Increases the mandatory retirement age for judges from age 70 to age 75.

S.B. 37 Anti-child exploitation; funding for law enforcement efforts.

Patron: Deeds

Appropriations; funding for anti-child-exploitation law enforcement.  Provides both one-time and ongoing appropriations to fund anti-child-exploitation law-enforcement efforts including the creation of two additional regional Internet Crimes Against Children task forces, one in Southeastern Virginia and one in Richmond/Central Virginia.

S.B. 42 Civil remedial fees; repeals provision for those imposed on certain drivers.

Patron: Reynolds

Civil remedial fees imposed on certain drivers.  Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers.  The bill further provides for refunds of any fees paid, with interest.

S.B. 46 Parentage proceedings; circuit courts, etc. have concurrent jurisdiction.

Patron: Puller

Parentage proceedings; jurisdiction. Clarifies that circuit courts and juvenile and domestic relations district courts have concurrent original jurisdiction over proceedings to determine parentage. Such concurrent jurisdiction is already provided for in Chapter 3.1 (proceedings to determine parentage) of Title 20. This bill is a recommendation of the Committee on District Courts and the Judicial Council.

S.B. 57 Civil remedial fees; repeals provision for those imposed on certain drivers.

Patron: Colgan

Civil remedial fees imposed on certain drivers.  Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers.  The bill further provides for refunds of any fees paid, with interest.

S.B. 74 Crimes Against Minors and Sex Offender Registry; use of data by SAVIN.

Patron: Howell

Crimes Against Minors and Sex Offender Registry. Allows the State Police to provide the Statewide Automated Victim Notification (SAVIN) system with Registry data in an electronic format to the Compensation Board for verification of registrant status and notification of victims and law enforcement.

EMERGENCY

S.B. 85 Civil remedial fees; repeals provision for those imposed on certain drivers.

Patron: Cuccinelli

Civil remedial fees on certain drivers.  Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

S.B. 95 Pyramid promotional schemes; definition thereof, penalty.

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.

S.B. 107 State Law Library; authorized users.

Patron: Cuccinelli

State Law Library; authorized users.  Authorizes members of the General Assembly to designate up to four individuals to perform legal research in the State Law Library.

S.B. 111 Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.

Patron: McDougle

Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.  Provides that an indigent defendant who has been charged with a capital offense may move for the appointment of experts to assist in the preparation of his defense.  The court shall hold an ex parte hearing on such a motion and may order the appointment of an expert. The expert's work product is protected by attorney-client privilege; however, the defendant shall comply with the discovery rules set forth in the Rules of the Supreme Court.

S.B. 118 Notarial certificates; removes requirement that wording appear on same page as signature.

Patron: Edwards

Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.

S.B. 153 Community service landscaping program; VDOT Commissioner to establish.

Patron: Stuart

VDOT maintenance; community service program. Requires the Commissioner of the Virginia Department of Transportation to establish a program whereby nonviolent misdemeanants who have a suspended sentence or who are on probation will mow rights-of-way or perform other landscaping tasks that VDOT is responsible for. The bill also provides civil immunity for the officials who participate.

S.B. 173 Domestic violence cases; retention of records.

Patron: Blevins

Domestic violence; retention of records.  Provides that records in cases involving misdemeanor convictions for (i) assault and battery against a family or household member, or (ii) violating a protective order shall be retained for 20 years. A third conviction for these crimes within 20 years is a felony, however, currently, such records are only required to be retained for 10 years.

S.B. 178 Judges; increases number in circuit court.

Patron: Marsh

Number of circuit court judges. Adds an additional circuit court judge to each of the following circuits: 10th (Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Lunenburg, Mecklenburg, Prince Edward); 14th (Henrico); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); 26th (Harrisonburg, Winchester, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren); 27th (Galax, Radford, Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski, Wythe); and 30th (Norton, Lee, Scott, Wise). This bill is a recommendation of Judicial Council.

S.B. 179 Judges; increases number in various general district courts.

Patron: Marsh

Number of district court judges.  Increases by one the number of general district court judges in the following districts: 2nd (Virginia Beach); 11th (Petersburg, Dinwiddie, Nottoway, Amelia, Powhatan); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); and 26th (Harrisonburg, Winchester, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren); and increases by one the number of juvenile and domestic relations district court judges in the following districts: 1st (Chesapeake); 11th (Petersburg, Dinwiddie, Nottoway, Amelia, Powhatan); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); 16th (Charlottesville, Madison, Greene, Albemarle, Fluvanna, Goochland, Louisa, Orange, Culpeper); 28th (Bristol, Smyth, Washington); and 29th (Tazewell, Buchanan, Russell, Dickenson). This bill is a recommendation of the Committee on District Courts.

S.B. 180 Preservation of papers in clerk's office.

Patron: Marsh

Preservation of papers in clerk's office. Requires that originals of all papers in the clerk's office be retained, even if reproduced electronically, and shall be destroyed only in accordance with law.

S.B. 181 Supreme Court; circuit court case management system changes to be approved by Executive Secretary.

Patron: Marsh

Supreme Court; circuit court case management system. Requires that any changes in circuit court clerks' technology plans which modify or supplant the statewide case or financial automated systems be approved by the Executive Secretary. The bill also requires the Compensation Board to consider local funds expended on circuit court technology plans in weighing technology funding requests.

S.B. 222 Possession of firearms by persons who committed felonies while juveniles

Patron: McDougle

Possession of firearms by persons who committed felonies while juveniles.  Provides that despite the date of his conviction, a juvenile adjudicated delinquent of certain heinous felonies shall not, when he reaches the age of 29 years, be entitled to possess a firearm. Currently, the prohibition on possession after the age of 29 exists only for juvenile felonies committed on or after July 2005.

S.B. 225 Remand of bail appeal.

Patron: McDougle

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.

S.B. 229 Search warrants; affidavits, etc.

Patron: McDougle

Search warrants; affidavits, etc.  Allows an affidavit in support of a search warrant to be delivered by facsimile after it is certified and provides that the certifying officer's designee or agent may deliver the affidavit. The bill adds a requirement that a copy of the affidavit be delivered to the clerk of the circuit court in the county or city where the warrant is issued if different than the county or city where the search is to be made. The inventory of seized property will go to the circuit court of the county or city where the search was conducted. The bill specifies that the officer or his designee or agent may deliver the warrant, inventory, and accompanying affidavit in person, by certified mail or by facsimile.

S.B. 281 Offender registration; local fee.

Patron: Miller, J.C.

Offender registration; local fee.  Allows local law-enforcement agencies to charge a fee, not to exceed $24, for registration or reregistration of certain offenders.

S.B. 284 Department of Motor Vehicles Special Agents; criminal enforcement authority.

Patron: Wampler

Department of Motor Vehicles Special Agents; criminal enforcement authority.  Provides full-time sworn members of the enforcement division of the Department of Motor Vehicles full authority to enforce the laws of the Commonwealth.

S.B. 287 Civil remedial fees; repeals provision for those imposed on certain drivers.

Patron: Wampler

Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

S.B. 301 Common Interest Community Board; established.

Patron: Whipple

Common Interest Community Board. Establishes a Common Interest Communities Board, creates a Common Interest Management Information Fund and allows for a certification process for Common Interest Association managers.

S.B. 327 Notarial certificates.

Patron: Quayle

Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.

S.B. 369 Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.

Patron: Watkins

Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Provides that an indigent defendant who has been charged with a capital offense may move for the appointment of experts to assist in the preparation of his defense. The court shall hold an ex parte hearing on such a motion and may order the appointment of an expert. The expert's work product is protected by attorney-client privilege; however, the defendant shall comply with the discovery rules set forth in the Rules of the Supreme Court.

S.B. 379 Concealed weapons; box cutters; penalty.

Patron: Martin

Concealed weapons; box cutters; penalty.  Adds box cutters to the list of weapons that are prohibited from being carried concealed and allows the court to exclude certain weapons from being prohibited if such item was carried for a legitimate occupational, recreational, or personal reason.

S.B. 384 Capital murder of certain firefighters and emergency rescue personnel; penalty.

Patron: Martin

Capital murder of certain firefighters and emergency rescue personnel; penalty.  Provides that the willful, deliberate, and premeditated killing of a fire marshal, firefighter, or member of an emergency rescue squad is punishable as capital murder, a Class 1 felony, when the killing is for the purpose of interfering with his official duties.

S.B. 391 DUI Court.

Patron: Martin

DUI Court. Allows Chesterfield and Colonial Heights General District Courts to use a special docket to run a driving under the influence court based on the state drug court model. Participants will be those who violate ASAP program requirements, but participation will not result in a reduction of charges.

S.B. 409 Disqualification for appointment as special conservator of the peace.

Patron: Puckett

Disqualification for appointment as special conservator of the peace. Provides that no person with a conviction for a criminal offense involving (a) moral turpitude, (b) assault and battery, (c) damage to real or personal property, (d) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (e) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or (f) any felony, or for any Class 1 misdemeanor involving firearms, is eligible to become a special conservator of the peace. Currently, the listing includes any conviction of a criminal offense involving firearms, which would include Class 2, 3, and 4 misdemeanors as disqualifiers.

S.B. 411 Transportation funding; motor fuels tax and abusive driver fees.

Patron: Puckett

Transportation funding; motor fuels tax and abusive driver fees.  Repeals certain abusive driver fees and increases the motor fuels tax rate by $0.025 per gallon from $0.175 to $0.20. The bill further provides for a refund of any abusive driver fees paid, with interest.

S.B. 427 Lis pendens; zoning ordinance violation.

Patron: Barker

Lis pendens; zoning ordinance violation. Provides that in actions to enforce a zoning ordinance, no lis pendens or attachment shall affect a bona fide purchaser of real or personal estate unless the memorandum of lis pendens recorded in the clerk's office contains a description of the alleged zoning violation.

S.B. 430 Civil remedial fees on certain drivers.

Patron: Vogel

Civil remedial fees on certain drivers.  Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

S.B. 443 Civil remedial fees on certain drivers; repealed.

Patron: Petersen

Civil remedial fees on certain drivers.  Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

S.B. 454 Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities.

Patron: Petersen

Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities.  Requires the owner to disclose to the purchaser prior to settlement the presence of any storm water detention facilities on the property.

S.B. 550 Notarial certificates.

Patron: Hurt

Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.

S.B. 664 Civil remedial fees on certain drivers.

Patron: Newman

Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.