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2008 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

Reynolds (Chairman), Saslaw, Stolle, Norment, Howell, Blevins, McDougle

Clerk: Angi Murphy
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 14, 2008
Time and Place: Monday - 9:00 AM, 3rd Floor East, General Assembly Bldg.

S.B. 26 Racketeer Influenced and Corrupt Organization Act; adds organized dogfighting as qualifying offense.

Patron: Reynolds

RICO; dogfighting.  Adds organized dogfighting as a qualifying offense under the Virginia Racketeer Influenced and Corrupt Organization Act.  

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. 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. 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. 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. 114 Sex offenders; application of prohibitions & school proximity prohibition to out-of-state violators.

Patron: McDougle

Application of sex offender prohibitions and school proximity prohibitions to out-of-state violators.  Clarifies that all offenses, for which sex offender registration is required and for which other prohibitions apply, include any similar such offenses under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof, or any such offenses for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.

S.B. 153 VDOT maintenance; community service program

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. 175 Sex offenders; proximity to children; penalties.

Patron: Blevins

Sex offenders; proximity to children; penalties.  Prohibits sex offenders from entering school and child day center property and from loitering near or entering community centers, public parks, and recreation centers. The bill also makes the prohibitions apply to persons with out-of-state convictions.

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. 307 Database breach notification.

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.

S.B. 310 Restricted driver’s licenses.

Patron: Reynolds

Restricted driver’s licenses. Authorizes a court to provide a restricted permit to operate a motor vehicle during the period of suspension of a permit to operate a motor vehicle.

S.B. 350 Crimes; embezzlement of public funds.

Patron: Reynolds

Crimes; embezzlement of public funds.  Provides that embezzlement of public funds can result from the misuse or misappropriation of public assets. The term "public assets" is defined to include, but not be limited to, accounts, documents, resources, equipment, records, materials, vouchers, property, personnel resources, services, money, or anything of value belonging or owed to the Commonwealth, to any city, town or county, or to any other political subdivision.

S.B. 351 Grand larceny; threshold amount. 

Patron: Reynolds

Grand larceny; threshold amount. Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny.

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. 372 Placement of juveniles on the sex offender registry.

Patron: Stuart

Placement of juveniles on the sex offender registry.  Provides that juveniles adjudicated delinquent for an offense for which registration on the sex offender registry is required and who are 12 years of age or older at the time of the offense shall be required to register.

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. 405 Controlled substances; nonresident pharmacies; penalties.

Patron: Puckett

Controlled substances; nonresident pharmacies; penalties. Adds new penalties and increases existing penalties related to controlled substances including: (i) a medical practitioner wrongly prescribing or dispensing a Schedule I or II drug shall be imprisoned for not less than five nor more than 40 years and fined not more than $500,000, and upon a second or subsequent conviction, may be sentenced to imprisonment for life and be fined not more than $500,000, and for Schedule III through V drugs, shall be guilty of a Class 5 felony; (ii) a pharmacist violating any provision of the Drug Control Act shall be guilty of a Class 5 felony for the first offense, and a Class 4 felony for a second or subsequent offense; and (iii) any person wrongfully obtaining a drug through fraud, forgery, misrepresentation, etc., shall be guilty of a Class 5 felony for the first offense and a Class 4 felony for a second or subsequent offense, rather than the current Class 6 felony for all such offenses. Also adds new reporting and approval requirements for nonresident pharmacies doing business over the internet and via electronic mail.

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.