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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: February 19, 2008
Time and Place: 7:30 AM, 3rd East Conference Room, General Assembly Building

H.B. 34 Aggravated sexual battery; person over 18 guilty of felony with child under 13.

Patron: Ingram

Taking indecent liberties with child by custodian; penalty.  Provides that a person 18 years of age or older is guilty of a Class 6 felony if he, with lascivious intent, knowingly and intentionally kisses a child under the age of 13 on the mouth while penetrating the mouth of such child with his tongue.

H.B. 159 Stolen property; person guilty of larceny if knowledge of property buying or given is stolen.

Patron: Albo

Proof that property is stolen.  Provides that if a person in possession of stolen property believes that the property is stolen, the person shall be charged with the knowledge that the property is stolen.

H.B. 181 Juror information; court may in criminal trial issue an order regulating disclosure thereof.

Patron: Marshall, R.G.

Juror information confidential. Provides that a court may in a criminal trial, upon the motion of either party or its own motion, and for good cause shown, issue an order regulating the disclosure of personal information of a juror to any person other than the counsel for either party. Good cause shown includes, but is not limited to, a likelihood of bribery, tampering, or physical injury to or harassment of a juror. "Personal information" is defined as any information collected by the court, clerk, or jury commissioner including, but not limited to, a juror's name, age, occupation, home and business addresses, telephone numbers, email addresses, and any other identifying information that would assist another in locating or contacting the juror. The bill also directs the Supreme Court to prescribe and publish rules that provide for the protection of a juror's personal information.

H.B. 433 Motor vehicle; forfeiture thereof for three or more offenses of driving without valid license.

Patron: Miller, J.H.

Impoundment of motor vehicle for three or more offenses of driving without a valid operator's license.  Provides that any vehicle driven in the commission of a third or subsequent offense of driving without a valid operator's license shall be subject to forfeiture.

H.B. 436 Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer.

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.

H.B. 567 Sexual offenses; those convicted prohibited entry onto school property.

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.

H.B. 622 Sexual offender; prohibited from residing in public park in proximity to children.

Patron: Brink

Sex offenses prohibiting from residing in proximity to children; penalty. Adds to the places where a sex offender is prohibited from living a public park that is adjacent to a primary, secondary, or high school.

H.B. 952 Insanity plea; time period for notice.

Patron: Iaquinto

Time period for notice of insanity plea. Provides that notice of a criminal defendant's insanity plea must be given to the Commonwealth at least 60 days prior to trial, or at most 60 days following indictment when the period between indictment and trial is less than 120 days.

H.B. 953 Abuse or neglect proceedings; videotaped statement.

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.

H.B. 965 Victims Compensation Fund; amends definition to include stalking victims.

Patron: Shannon

Victims Compensation Fund; stalking. Amends the definition of victim under the Fund to protect people who have been stalked.

H.B. 995 Unlawful filming of another; penalty increased to Class 6 felony.

Patron: Bell

Penalty for unlawful filming of another. Provides that a third offense of the unlawful filming of another, currently a Class 1 misdemeanor offense no matter how many times committed, is a Class 6 felony.

H.B. 996 Felony, violent; presumption of no bail upon conviction.

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.

H.B. 1179 Assault & battery; admission to bail person committing second or subsequent offense against family.

Patron: Lingamfelter

Criminal procedure; admission to bail.  Adds a presumption, subject to rebuttal, against admitting to bail any person who commits a second or subsequent assault and battery against a family or household member.

H.B. 1181 Conservators of the peace, special; circuit court judge required to appoint.

Patron: Lingamfelter

Appointment of special conservators of the peace.  Requires that a circuit court judge appoint a special conservator of the peace upon a showing by the sheriff, chief of police, or corporation authorized to do business in the Commonwealth that there is a necessity for the security of property or of the peace, and that the person or persons to be appointed possess a valid registration with the Department of Criminal Justice Services.

H.B. 1442 Ignition interlock; fee increased for administrative costs.

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, a school vehicle, or a passenger vehicle that carries more than 15 people.  The bill has an effective date of October 1, 2008.

H.B. 1510 Gang-related criminal information;law-enforcement agencies to forward to Department of State Police.

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.