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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2009 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: February 2, 2009
Time and Place: 8:30 AM, Senate Room A
Patron: McDougle
Operation of a motor vehicle without an ignition interlock; penalty. Provides that operation of a motor vehicle without an ignition interlock when such operation is prohibited is a Class 1 misdemeanor and that the person's operator's license shall be revoked for one year.
Patron: Reynolds
Larceny of money. Allows larceny of bank notes, checks, or other writing or paper of value to be charged as larceny under the grand larceny and petit larceny statutes.
Patron: Smith
Occasional remote access to land records; fee. Allows for occasional remote access to land records by the general public and sets a fee in an amount not to exceed the usual copying fee. Such occasional remote users will not be charged the $50 per month subscriber fee.
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 in circuit court for the appointment of experts to assist in the preparation of his defense. The presiding judge shall designate another judge in the judicial circuit who shall hold an ex parte hearing on such a motion and may order the appointment of an expert. Any motion for an ex parte hearing shall be in writing and filed under seal and any ex parte hearing conducted shall be on the record and kept under seal as part of the record of the case. 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.
Patron: Quayle
Illegal gambling. Revises one portion of the definition of illegal gambling by deleting "a matter of chance" and inserting "contains any element of chance."
Patron: Quayle
History of sexual abuse; custody and visitation. Provides that any history of sexual abuse must be considered as a factor in determining the best interests of a child for purposes of awarding custody or visitation.
Patron: Deeds
Search warrants executed upon electronic communication service providers or remote computing service providers. Provides that a search warrant for records or other information pertaining to a subscriber to, or customer of, an electronic communication service or remote computing service that is transacting or has transacted any business in the Commonwealth, including the contents of electronic communications, may be served upon such a provider within or without the Commonwealth by mail, facsimile, or other electronic means. Currently, there is no provision for service of such a warrant outside the Commonwealth nor is there a specific provision allowing for mail, fax or electronic service. Additionally, under current law, electronic communications are expressly excluded from the coverage of the warrant.
Patron: Northam
Smoking in cars with minor present; civil penalty. Makes it unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, in which a minor is present, punishable by a fine not to exceed $100.
Patron: McDougle
Copies of medical bills and charges; no cost. Provides that a patient, patient's attorney, or insurance provider may obtain a list of charges or an account balance pertaining to that patient at no cost.
Patron: Smith
Highways; littering unsightly matter. Provides that when matter illegally dumped or disposed of was ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the court, in addition to the criminal penalty provided, may suspend the defendant's license to operate a motor vehicle for a period not to exceed 30 days.
Patron: Barker
Provisional driver's license holders. Makes cell phone use while driving by a provisional driver's license holder a "primary offense."
Patron: Barker
Child support. Amends child support guidelines related to provision of health insurance or payment of health care related costs to bring the guidelines into compliance with federal requirements by including health care costs actually paid by a parent's spouse to the basic child support obligation. This bill also amends the definitions of "health care coverage" to include plans available to a parent or parent's spouse that are available, accessible, and of reasonable cost, and "cash medical support." This bill also (i) amends the definition of "reasonable cost" pertaining to health care coverage as costs to the parent required to provide health care coverage that does not exceed five percent of that parent's gross income; (ii) provides that the Department of Social Services shall initiate a review of the order where there is an assignment under Title IV-A of the Social Security Act; (iii) requires the Department of Social Services to transfer the National Medical Support Notice for any parent who is required to pay support or provide health care coverage to the parent's employer within two business days; and (iv) requires an employer to notify the Department of Social Services promptly whenever the employment of the parent required to provide health care coverage is terminated.
Patron: Vogel
Unattended children in a motor vehicle. Provides that any driver or operator of a motor vehicle who leaves an unattended child in a motor vehicle is guilty of a Class 1 misdemeanor. The bill defines "unattended child" as a child under six years of age who has been left in a motor vehicle by the driver or operator of the vehicle when the driver or operator is unable to continuously observe the child, unless a person 12 years of age or older is physically present in the motor vehicle with the child.
Patron: Vogel
Personal appearance by two-way electronic video and audio communication. Provides that if two-way electronic video and audio communication is available for use by a judge in any pre-trial criminal proceeding, the judge shall use such communication in any proceeding that would otherwise require the transportation of a person from outside the jurisdiction of the court in order to appear in person before the court.
Patron: Newman
Land records; social security numbers. Requires, beginning July 1, 2012, that social security numbers not be contained in land records posted via secure remote access to the Internet.
Patron: McEachin
Expungement of criminal conviction record. Allows a person convicted of certain criminal offenses to petition to have his conviction expunged after a five-year period has expired following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence.
Patron: Hurt
Assault and battery of family or household member; deferred disposition. Rewrites the existing statute for clarity and requires rather than allows the court to order the person to obtain services from local community-based probation if the services are available. This bill is a recommendation of the Committee on District Courts.
Patron: Herring
School teachers as witnesses in certain proceedings. Provides that a party in any case in which custody or visitation of a minor child is at issue may have a subpoena issued to summon a teacher of the child to testify at a deposition or a court hearing. Prior to having the subpoena issued, however, the party shall contact the teacher to determine his teaching schedule, make reasonable efforts to avoid conflicts with that schedule, and explain to the teacher the party's reason for seeking the teacher's testimony. The bill permits the court to modify the date prescribed in the subpoena for attendance at the deposition or court hearing if it finds that such teacher's teaching responsibilities would otherwise be impaired by compliance with the subpoena. Furthermore, the bill authorizes the court to impose sanctions upon any party who has such subpoena issued in bad faith.
Patron: Reynolds
Restricted license eligibility while license is suspended. Allows a court to issue a restricted license to a person whose license is suspended.
Patron: Reynolds
Motions to suppress evidence, etc. Requires a criminal defendant to state with particularity his grounds for a motion to dismiss or to suppress evidence. The bill also requires the attorney for the Commonwealth to provide to the defendant a summary of the relevant facts upon which the defendant might make such a motion when the defendant has requested of the Commonwealth information he requires in order to articulate grounds upon which such motion is to be made.
Patron: Reynolds
Criminal procedure; compensation of court-appointed counsel. Provides compensation to counsel representing an indigent prisoner under sentence of death in a state habeas corpus proceeding, on the same basis as provided to counsel representing a defendant charged with a Class 1 felony.
Patron: Ruff
Land exchange. Authorizes an exchange of parcels of land between the Department of Conservation and Recreation and the Department of Forestry.
Patron: Stolle
Juvenile arrest information. Provides that police and sheriff departments may release current information on juvenile arrests to law-enforcement agencies in other states.
Patron: Stolle
Use of probation revocation and suspended sentence revocation worksheets. Requires that a court utilize sentencing revocation report worksheets in all probation revocation and sentence suspension revocation cases. Currently, such sentencing worksheets are statutorily required to be used only when sentencing following felony convictions.
Patron: Stolle
Writs of actual innocence; requirements. Extends the ability to petition for a writ of actual innocence based on previously unknown or untested biological evidence to individuals who are not incarcerated.
Patron: Stolle
Firearm silencers. Repeals the provision that makes it a Class 6 felony to possess a firearm muffler or silencer that is not registered in the National Firearms Registration and Transfer Record.
Patron: Stolle
Illegal software, ticket sales; penalty. Punishes the intentional use of or selling of software to circumvent an equitable ticket-buying process on a ticket seller's website as a Class 1 misdemeanor. The bill also clarifies the definition of "without authority" in the Computer Crimes Act and the definition of "improper means" in the Uniform Trade Secrets Act and makes a violation of the Uniform Trade Secrets Act a prohibited practice under the Consumer Protection Act.
Patron: Stolle
Firearms shows; state police presence. Requires the promoter of a firearms show to arrange and pay for a law-enforcement officer from the Department of State Police to be present at all times during a firearms show. Also allows the Superintendent of State Police to enter into agreements with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives whereby law-enforcement officers with the Department of State Police may be granted federal law-enforcement authority for the purposes of enforcing firearms laws of the United States.
Patron: Stolle
Medical malpractice; Patients' Compensation Fund. Provides that on and after July 1, 2009, a health care provider's personal liability is limited to $2 million for any injury to, or death of, a patient, and any amount due from a judgment or verdict in excess of $2 million shall be paid from the Patient's Compensation Fund. The bill provides that the Fund is financed through fees levied upon health care providers and collected by the health regulatory boards. The assets of the fund shall be used solely to pay that portion of the amount due from a malpractice judgment, settlement, or verdict in excess of $2 million and to administer the Patients' Compensation Program, which is governed by a board of directors whose appointments are prescribed in the bill and who manage and operate the Fund.
Patron: Norment
Purchase of service handgun. Allows designated law-enforcement officers to purchase their service handgun for $1 if they are receiving disability payments for a service-incurred disability with no expectation of returning to their former employment.
Patron: Norment
Improper driving; penalty. Increases the maximum penalty from $500 to $1,000.
Patron: Quayle
Admissibility of evidence of nonuse of safety lap belts and shoulder harness in civil actions. Provides that a violation of certain statutes relating to the installation or use of safety lap belts and shoulder harnesses or the use of child restraint devices may be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle.
Patron: Cuccinelli
Terms of the Chief Justice of the Virginia Supreme Court. Provides that the chief justice of the Virginia Supreme Court shall serve as chief justice for only two consecutive terms.
Patron: Petersen
Elected or appointed officials; limit on attorney-issued subpoenas. Provides that no subpoena for the attendance of an elected or appointed official of a public body may be issued by an attorney unless the subject matter of the subpoena is unrelated to his official duties. The bill does not affect the prohibition on attorney-issued subpoenas in all cases issued for the attendance of certain state, local, and federal officials.
Patron: McDougle
DUI; ignition interlock. Requires installation of an ignition interlock as a condition of license restoration (after the three-year revocation) for any second conviction, not just those committed within less than five years after a first offense.
Patron: Saslaw
Real property; Commonwealth's title. Allows the Governor, at the request of the user and with the concurrence of the Attorney General, to disclaim any and all rights, title, and interest of the Commonwealth in and to lands used for stormwater control systems or water or waste systems if there is no greater public need or purpose than such use. Such disclaimer shall be filed with the appropriate court and shall have the legal force and effect of disclaiming, releasing, and renouncing all of the right, title, and interest of the Commonwealth in and to such lands.
Patron: Miller, Y.B.
Conveyance; Virginia Marine Resources Commission. Authorizes the Virginia Marine Resources Commission to grant easements and rights-of-way across the beds of the Elizabeth River to the Department of Transportation for the improvement of the Midtown Tunnel. The conveyance includes a portion of the Baylor Survey.
Patron: Cuccinelli
Concealed handgun permits; handgun competence demonstration. Provides that the completion of a firearms training or safety course conducted by a state-certified or National Rifle Association-certified firearms instructor may be done electronically or on-line.