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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 21, 2008
Time and Place: 7:30 AM, Third Floor EAST Conference Rm, General Assembly Bldg.

H.B. 159

Patron: Albo

Stolen property; criminal investigation.  Provides that if a person buys or receives any goods used in the course of a criminal investigation by law-enforcement that the person believes are stolen, he is deemed guilty of larceny of the goods.

H.B. 181

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. 527

Patron: Pogge

Retention of fingerprints of juveniles given deferred disposition in a criminal case. Requires that fingerprints of a juvenile whose criminal charges are deferred and dismissed be sent to and retained by the Central Criminal Records Exchange. Currently such fingerprints are retained only upon a finding of delinquency or guilt.

H.B. 567

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. 953

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. 995

Patron: Bell

Unlawful filming of another. Adds the misdemeanor offense of unlawful filming of another to the statute that makes the third offense of certain misdemeanor sex offenses a Class 6 felony.  Under current law unlawful filming involving a nonconsenting person under the age of 18 is a Class 6 felony.

H.B. 996

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. 1007

Patron: Jones, D.C.

Virginia Fusion Intelligence Center; confidentiality; immunity.  Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department and employees of other agencies assigned to the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.

H.B. 1207

Patron: Melvin

Serious juvenile offenders. Allows a juvenile convicted as an adult and sentenced to an active term of incarceration with the Department of Juvenile Justice and followed by an active term of incarceration with the Department of Corrections to gain earned sentence credits while serving the juvenile portion of the sentence in a juvenile correctional center.

H.B. 1241

Patron: Moran

Elements of credit card theft.  Provides that a person who possesses a credit card of another, when the card was taken, obtained or withheld from another person, possession, custody or control of the card without the cardholder's consent, is guilty of credit card theft. This punishes possession of a stolen credit card as theft of a credit card and responds to the holding in Meeks v. Commonwealth, Record No. 062452, (Virginia Supreme Court, Nov. 2, 2007) in which it was held that a person who took a credit card in Fairfax County could not be prosecuted for credit card theft in Arlington.

H.B. 1258

Patron: Marsden

Expungement of juvenile records.  Requires that when a clerk destroys records pursuant to a juvenile record expungement, he shall destroy all records, including electronic records.

H.B. 1302

Patron: Nichols

Incident management. Provides that if a vehicle accident occurs on a highway, each vehicle shall be removed to the nearest exit ramp or parking area and also includes the nearest exit ramp or parking area in the definition of "scene of the accident." Also makes other technical amendments to increase the effectiveness and efficiency of incident management in the Commonwealth.

H.B. 1520

Patron: Massie

Failure to comply with sentencing order; penalty.  Creates a Class 1 misdemeanor for willfully and knowingly failing to surrender to jail at the time ordered by the court.

H.B. 1568

Patron: Morrissey

Transfer of juveniles to circuit court; appeal. Clarifies that when a decision to transfer a juvenile from a court not of record to a court of record is made, the court shall consider after-discovered evidence on the issue of transfer, that was not discovered, introduced, and considered during the initial transfer hearing.