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2008 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

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

Clerk: Angi Murphy
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 29, 2008
Time and Place: 1/2 hr. after adjournment, 3rd Floor East, General Assembly Bldg.
REVISED

S.B. 3 Indecent exposure; penalty.

Patron: Puller

Elements of indecent exposure.  Provides that any person who (i) intentionally makes an obscene display or exposure of his person, or the private parts thereof, in (a) any public place, or (b) any place where others may see him, intending to be seen by others, or (ii) procures another to so expose himself, is guilty of a Class 1 misdemeanor. The section previously provided that such person was guilty of indecent exposure if the display was done in any public place or in any place where others are present, and did not include the requirement that he intended the display or exposure to be seen by others.

S.B. 88 Marijuana; expungement of charges.

Patron: Lucas

Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.

S.B. 113 Driver's license; penalty for driving without.

Patron: McDougle

Driving without a license; penalty.  Requires the court to suspend the driving privileges of a person convicted of driving without a license for a period not to exceed 90 days.

S.B. 115 Traffic lights; creates Class 1 misdemeanor for running red light.

Patron: McDougle

Traffic lights; penalty. Creates a Class 1 misdemeanor for running a red light, if running the red light is the sole and proximate cause of the death of another.

S.B. 123 Evidence; destruction of criminal exhibits.

Patron: Edwards

Destruction of criminal exhibits. Provides that the trial court may not order the destruction or donation of exhibits used in evidence without prior notice to the counsel for the parties and until expiration of five years from the date the judgment of the court became final.

S.B. 175 Sex offenders; prohibiting proximity to children.

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. 241 School employees; requires notification to Superintendent, etc. of certain convicted individuals.

Patron: Lucas

School employees; criminal acts. Requires (i) notification to the Superintendent of Public Instruction and the division superintendent of the conviction of any individual holding a license issued by the Board of Education; (ii) local school boards to develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee; (iii) the Board of Education to include requirements for the denial, suspension, cancellation, revocation, and reinstatement of licensure in its licensure regulations; (iv) notification to the Board of Education when a licensed employee of a school board is dismissed or resigns for certain convictions of enumerated crimes; and (v) notification to the Superintendent of Public Instruction when any individual holding a license is the subject of a founded complaint of child abuse or neglect. There is also a technical amendment.

S.B. 263 Hunting dogs; carrying weapons on another person's property to retrieve.

Patron: Deeds

Retrieving hunting dogs.  Requires the revocation of the hunting license for the current and the next hunting seasons as well as the forfeiture of the firearm or bow and arrow of any person who is convicted of carrying such weapons on another person's property while he is retrieving his hunting dogs.

S.B. 270 Indecent exposure; penalty.

Patron: Deeds

Elements of indecent exposure. Provides that any person who (i) intentionally makes an obscene display or exposure of his person, or the private parts thereof, in (a) any public place, or (b) any place where others may see him, intending to be seen by others, or (ii) procures another to so expose himself, is guilty of a Class 1 misdemeanor. The section previously provided that such person was guilty of indecent exposure if the display was done in any public place or in any place where others are present, and did not include the requirement that he intended the display or exposure to be seen by others.

S.B. 307 Identity theft; notice of database breach.

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. 309 Restricted driver's license; issuance to operate motor vehicle during period of suspension

Patron: Reynolds

Suspended license; unpaid fines.  Authorizes the issuance of a restricted permit to operate a motor vehicle during a period of suspension for unpaid fines and costs.

S.B. 310 Restricted driver's licenses; court to provide during period of suspension.

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. 364 Bad checks; attorneys for State to establish programs that allow persons to avoid prosecution.

Patron: Watkins

Worthless check program.  Authorizes attorneys for the Commonwealth to establish programs that allow persons who write bad checks to avoid prosecution if they pay full restitution to the victim, attend an educational program, and pay all fines and costs.

S.B. 395 Death sentence; execution dates

Patron: Edwards

Death sentence; execution dates. Removes some of the circumstances in which circuit courts are required to set execution dates before state and federal review of an inmate's death sentence is complete. The Federal Antiterrorism and Effective Death Penalty Act of 1996 has revised the remedies available to the convicted person and imposes a one-year statute of limitations for filing petitions for federal review of state convictions and sentences.

S.B. 397 Methamphetamine precursors; electronic log to be maintained by sellers of products.

Patron: Edwards

Methamphetamine precursors; electronic log.  Requires that the log currently required to be maintained by sellers of products containing ephedrine, pseudoephedrine, or any of their salts or isomers or any salts of isomers must be kept in electronic format. The Board of Pharmacy is required to establish and maintain the log and ensure that the log is capable of checking compliance against all state, local, and federal laws, including interfacing with other states to ensure comprehensive compliance.

S.B. 439 Human immunodeficiency virus, etc.; testing of persons charged with crime against women.

Patron: Vogel

Crimes; violence against women; testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses.  Eliminates the procedure for a probable cause hearing to obtain a court order to require a defendant to undergo HIV testing when he has been charged with a defined violent offense against a child or woman and has initially refused an HIV test.

S.B. 451 Diversion Center Incarceration Program; placement of defendant with Department of Corrections.

Patron: Petersen

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.

S.B. 515 Driver's license; fingerprinting person who drives without, impoundment of vehicle.

Patron: Cuccinelli

Impoundment of motor vehicle for driving without an operator's license.  Allows law enforcement to use a portable device to fingerprint a person who drives without having been issued a license and requires the Central Criminal Records Exchange to receive, classify, and file any fingerprints submitted for such a violation. The bill also provides that any adult who is arrested for driving without an operator's license after previously being convicted of the same offense shall suffer a 30-day impoundment of his motor vehicle.

S.B. 540 Virginia Criminal Information Network (VCIN); protective order information sent thereto.

Patron: Obenshain

Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report."

S.B. 548 Bail; presumption against thereof for person charged with failure to appear.

Patron: Hurt

Presumption against bail.  Provides a presumption against bail for a person charged with failure to appear.

S.B. 556 Reckless driving; violation of right-of-way resulting in death of another.

Patron: Obenshain

Reckless driving; violation of right-of-way resulting in death of another.  Provides that a person is guilty of reckless driving if he violates the right-of-way of any motor vehicle causing the death of another. The court must sentence the driver to 90 days in jail and suspend his driver's license for not less than six months or more than three years, although the court may suspend the penalties if the person completes 24 or more hours of community service.

S.B. 560 Triggerman rule; redefinition thereof.

Patron: Obenshain

Redefinition of the triggerman rule.  Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing.

S.B. 590 Sex Offender and Crimes Against Minors Registry; makes various amendments thereto.

Patron: Howell

Sex offenders; registration; penalty. Makes various amendments addressing the Sex Offender and Crimes Against Minors Registry including what crimes require registration, the effect of a failure to register or reregister, the effect of providing false information or failing to provide registration information, and the procedures to petition for removal of a name from the Registry to ensure that Virginia law complies with the federal Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16901 et seq.).

S.B. 592 Animal protection and fighting; broadens penalty.

Patron: Norment

Animal protection and fighting; penalty. Broadens the Class 6 felony applicable to the crime of dogfighting to the fighting of any animals, including cocks, and the possession of any materials intended to enhance the ability of animals to fight. Attending an exhibition of animal fighting or permitting a minor to become involved in animal fighting is a Class 1 misdemeanor. Animals that are the subject of such criminal charges may be forfeited to the locality, but the owner may post bond to retain his ownership interest and repossess the animals if the court issues a finding of not guilty. Law-enforcement officers would be permitted to conduct searches at any time upon the issuance of warrants. Currently, such officers may only conduct searches during the day.

S.B. 611 Detention Center Incarceration Program; placement of defendant with Department of Corrections.

Patron: Stolle

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.

S.B. 628 Incarceration; waiving interest during period thereof.

Patron: Ticer

Waiving interest during period of incarceration.  Authorizes the court to waive interest on fines and costs accruing during any period that the defendant was incarcerated prior to July 1, 2008.

S.B. 638 Protective orders; notification of service.

Patron: Ticer

Notification of service of protective order. Provides that persons who have obtained a protective order shall receive notice of the service of such order by the local police department, sheriff's office, or other law-enforcement agency that served the order on the person subject to the order. The notification may be made through the Virginia Statewide VINE (Virginia Information and Notification Everyday) System.

S.B. 677 Criminal jurors; disqualifications.

Patron: Puckett

Criminal jurors; disqualifications.  Prohibits relatives and persons with an employment relationship to the accused, any alleged victim of the accused, the attorney for the Commonwealth, and court officers and employees from serving on the accused's jury.

S.B. 678 Drug treatment court; authorizes Tazewell County to establish.

Patron: Puckett

Drug Treatment Court Act.  Authorizes a drug treatment court for the County of Tazewell.

S.B. 775 Drug Treatment Court Act; authorized court for Franklin County.

Patron: Hurt

Drug Treatment Court Act. Authorizes a drug treatment court for the County of Franklin.

S.B. 786 Sexual assault; Dept. of State Police, etc. establish policies for responding to crimes involving.

Patron: Deeds

Policies for responding to crimes involving sexual assault.  Requires that the Department of State Police and local law-enforcement agencies establish written policies and procedures regarding response to incidents involving sexual assault. The Department of Criminal Justice Services is directed to provide law-enforcement agencies with technical support and assistance in developing the policies and procedures.