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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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 23, 2009
Time and Place: 8:30 AM, Senate Room A
Patron: Ware, O.
Checks; stop-payment; civil actions. Provides that a party may recover against the drawer of a check, draft, or order the face amount of the check and other costs and fees if payment was refused because the drawer placed a stop-payment order on the check in bad faith. Currently, the law only allows for recovery if payment was refused because of lack of funds or credit.
Patron: Albo
Mandatory minimum punishment for DUI; elevated blood alcohol. Adds an additional qualifier in DUI punishment provisions that allows use of blood alcohol testing on whole blood to be admitted into evidence in a DUI prosecution, thus allowing mandatory punishments to be imposed when the blood alcohol concentration is elevated but the test may have been performed in another, e.g., hospital, setting.
Patron: Albo
Driving without an operator's license. Provides that any person who drives without an operator's license may be placed under arrest, fingerprinted and the arrest reported to the Central Criminal Records Exchange if the general district court for the jurisdiction has approved arrest for the offense of driving without an operator's license.
Patron: Oder
Civil immunity for charitable food donations and distributions. Provides that any charitable organization engaged in a food distribution program for needy persons shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the distributed food. In addition, the bill provides that any (i) volunteer who donates prepared food to a charitable organization engaged in a food distribution program for needy persons; (ii) restaurant and any processor, distributor, wholesaler, or retailer of food that donates unserved excess foods to any charitable organization for distribution to needy persons; and (iii) person, farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food who donates food to any food bank or any second harvest certified food bank or food bank member charity shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the donated food. This immunity does not apply to gross negligence, recklessness, or intentional acts.
Patron: Cole
Interstate Compact on Educational Opportunity for Military Children. Establishes a compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents. The compact is currently in effect as at least 10 states have enacted the compact into law.
Patron: Carrico
Felonies or misdemeanors by judges; terms of office. Provides that if a full-time district court judge is convicted of a felony or Class 1 misdemeanor during his term of office, and all rights of appeal have terminated, such term shall expire 30 days after the commencement of the next regular session of the General Assembly notwithstanding the term for which such judge was elected.
Patron: Loupassi
Unsolicited bulk electronic mail (spam); penalty. Creates a Class 1 misdemeanor when a person (1) uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited commercial electronic mail ("spam") through or into the computer network of an electronic mail service provider or its subscribers; or (2) knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of the transmission information or other routing information of spam; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam. A person is guilty of a Class 6 felony if, in addition to the elements of the Class 1 misdemeanor offense, the volume of spam transmitted exceeds a certain limit or the revenue generated exceeds a certain amount. This bill parallels the existing spam law but limits application to commercial electronic mail. Commercial electronic mail is defined in the bill as electronic mail, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
Patron: Griffith
Civil commitment of sexually violent predators; penalties. Makes a number of changes, including requiring that the court records for certain sexual misdemeanors be retained for 50 years rather than 10 years; allowing access to juvenile court and records of the Department of Juvenile Justice; addressing challenges to filing defects, including defendants under the Commitment Review Committee; removing the requirement that victims of certain crimes must have suffered physical bodily injury in order for certain prisoners to be referred to Commitment Review Committee; allowing access to sealed records; extending from 60 to 90 days the time for a probable cause hearing and allowing the respondent to waive his right to such hearing; setting a standard for the court to find probable cause; allowing hearings to be conducted using two-way electronic video and audio communications systems and telephonic communication for witnesses; and extending from 90 to 120 the number of days after the probable cause hearing for conduct of the trial.
Patron: Lingamfelter
Purchase of firearms by members of the United States Armed Forces. Allows active duty service members of the United States Armed Forces or the Virginia National Guard to purchase more than one handgun within a 30-day period. The bill has a delayed effective date of January 1, 2010.
Patron: Janis
Court-established community service programs. Provides that a court has the discretion to allow persons upon whom fines and costs have been imposed the option to discharge all or part of the fines or costs through the performance of community service.
Patron: Janis
Criminal law; penalties for underage drunk driving. Eliminates the sunset date of July 1, 2010, on the 2008 Act of Assembly that provides that "zero tolerance" (0.02 percent BAC) underage drinking and driving is punishable as a Class 1 misdemeanor, and provides for forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and either a mandatory minimum fine of $500 or 50 hours of community service. Prior to this chapter's enactment, the punishment was loss of license for six months and a fine of no more than $500. The bill also clarifies that punishment for underage drinking includes, but is not limited to, the license forfeiture and either a mandatory minimum fine of $500 or 50 hours of community service.
Patron: Janis
Boiler inspections; immunity. Provides that agents and special inspectors who are authorized by the Commissioner of Labor and Industry to conduct boiler inspections, but who are not employed or paid by the Commonwealth, are exempt from civil liability from furnishing or failing to furnish inspections. This immunity does not apply in instances of gross negligence or willful misconduct.
Patron: Nixon
Officer endorsement of writ of fieri facias. Eliminates the provision authorizing a judgment creditor to recover a sum not exceeding 15 percent upon the amount of the execution against an officer who fails to endorse a writ of fieri facias at the time he receives the writ and when he levies it upon the personal property of the debtor.
Patron: Watts
Sex offender registry. Adds a number of registration requirements in order to comply with the Adam Walsh Child Protection and Safety Act of 2006. Persons required to register must submit to state or local police information relating to immigration status, telephone numbers, professional and occupational licensing, volunteer positions, physical job site locations, change in employment status, temporary lodging and motor vehicles, watercraft and aircraft regularly operated by the person. Under current law nonresident offenders must register in Virginia if they are here for employment exceeding 14 days and if they are here for any other purpose for 30 days or more, this bill reduces both time frames to seven days.
Patron: Knight
Property conveyance. Authorizes the Board of Game and Inland Fisheries to convey approximately seven acres within the Cavalier Wildlife Management Area to Beaverdam Properties.
Patron: Lewis
Sex offender registration requirements. Provides that any person who is required to register on the Sex Offender and Crimes Against Minors Registry be required to reregister and submit to be photographed within three days of any significant change in his appearance.
Patron: Peace
Statewide case and financial management systems; interface with circuit courts. Gives the Executive Secretary of the Supreme Court the responsibility for the operation and maintenance of a statewide case management system and financial management system, for related technology improvements, and requires that he permit an interface to any circuit court that uses automation or technology improvements provided by a private vendor or the locality. The costs of designing, implementing, and maintaining any such interface shall be the responsibility of the circuit court clerk. Any expenses incurred by the office of the Executive Secretary, not to exceed $104,280, related to this system shall be reimbursed through the Technology Trust Fund.
Patron: McClellan
Emergency response; liability. Provides civil immunity for private and charitable organizations providing resources and assistance, without compensation, pursuant to a governor-declared emergency or during a formal emergency management training exercise, and at the request of the State Department of Emergency Management or a local emergency management employee. The immunity would not apply in instances of gross negligence, recklessness, or willful misconduct.
Patron: Ebbin
Abduction. Redefines abduction to include harboring, transporting, providing, procuring, or obtaining another for the purpose of depriving him of his liberty. The bill also redefines intimidation to include withholding a person's passport or like documents. The bill also adds four new RICO (Racketeer Influenced and Corrupt Organizations) crimes.
Patron: Rust
Impoundment of motor vehicle for driving without an operator's license. Provides that a person who is found to be driving a motor vehicle without an operator's license, having been previously convicted of such an offense, shall have his motor vehicle impounded for 30 days. Persons arrested for failure to have a valid operator's license who are under 18 years of age or whose licenses have been expired for less than one year are exempted from impoundment. The bill contains provisions to allow a person to retrieve his vehicle upon reinstatement of his driving privilege. This bill incorporates HB 1860.
Patron: Iaquinto
Life expectancy table. Changes table's figures that represent continued life expectancy.
Patron: Iaquinto
DUI ignition interlock limitations. Provides that a person who is convicted of DUI is required to have an ignition interlock on the first offense as a condition of a restricted license. Currently, the requirement for an interlock is only imposed upon a second offense or when the offender's BAC is above 0.15 percent.
Patron: Gear
Exemption from jury service; students. Provides that any person who is enrolled in and attends, as a full-time student, an accredited public or private institution of higher education shall be exempt from jury service upon his request. This exemption only applies to jury service during any term of court while classes are in session at the institution of higher education.
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.
Patron: Nutter
Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and nonidentifying statistical information would be available to the general public.
Patron: Scott, E.T.
Possession of ammunition by convicted felons; penalty. Prohibits a convicted felon from possessing ammunition for a firearm. A violation is a Class 1 misdemeanor.
Patron: Marsden
Exemption from creditor process for retirement benefits. Prohibits a person acting as a trustee or custodian with respect to an individual retirement account or other exempt retirement plan from exercising setoff against the retirement plan except to the extent permitted under federal law.
Patron: Barlow
Transfer of custody in a DUI arrest, etc. Allows a law-enforcement officer to arrest without a warrant any person whom the officer has probable cause to suspect of driving while intoxicated or committing certain DUI-related offenses in the officer's presence and to thereafter transfer custody of the person suspected of any such violation to another officer, who may obtain a warrant based upon statements made to him by the arresting officer. Currently this transfer authority exists only for arrests made for drunk boating. The bill also provides that a law-enforcement officer may arrest, without a warrant, any person who commits any misdemeanor or traffic infraction, or substantially similar local ordinance, not committed in his presence, if he receives a message, from another officer who personally observed the violation, provided that the observing officer sends the message after he observes the alleged offense and positively identifies the alleged offender to the arresting officer. This bill incorporates HB 1954.
Patron: Albo
Outpatient treatment; voluntary admission. Provides that, in determining whether a person is capable of consenting to voluntary admission, the judge or special justice shall consider evidence regarding the person's past compliance or noncompliance with treatment.
Patron: Poindexter
Internet sex offender registry information. Allows the Internet sex offender registry information system to include a "wanted" notation for a person who is wanted for any crime. Currently, the "wanted" notation is only posted for a person who is wanted for failing to register.
Patron: Griffith
Fiduciaries; naming the subject of the fiduciary relationship as the party to an action; misnomer. Provides that if the subject of the fiduciary relationship is named in a pleading as the party in an action required to be prosecuted or defended in the name of the fiduciary, such naming shall be considered to be a misnomer and the pleading may be amended to reflect the name of the correct party.
Patron: Griffith
Evidence in a DUI blood test refusal proceeding. Provides that the Supreme Court of Virginia shall create an appendix to its rules entitled "Forms Provided By the Office of the Executive Secretary of the Supreme Court" and shall include in the appendix the forms provided by the Office of the Executive Secretary, including but not limited to, the form referenced in § 18.2-268.3 (refusal proceeding).
Patron: Melvin
Conditions of supervised probation. Provides that no probationer shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided the court and attorney for the Commonwealth do not object to such removal.
Patron: Carrico
State Police Volunteer Chaplaincy Program. Allows the Superintendent of State Police to establish a Voluntary Chaplaincy Program. The Superintendent may establish guidelines regarding the selection, conduct, and supervision of volunteers, but may not regulate the volunteers' expression of religious beliefs. The bill also requires that when a volunteer chaplain provides an invocation or benediction at a Department-sanctioned event, the printed program include a dislaimer that the beliefs expressed are those of the individual, and are not endorsed or approved by the Department of State Police.
Patron: Gilbert
Drug offenses; prior convictions. Specifies that prior out-of-state convictions for substantially similar offenses count as prior offenses for the purpose of enhancing punishment for possession of marijuana and for manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance.
Patron: Scott, J.M.
Protective orders; companion animals. Provides that a court may include in a protective order provisions prohibiting harm to a companion animal owned, possessed, leased, kept, or held by the petitioner, or his family or household members, when the harm to the companion animal is with the intent to threaten, coerce, intimidate or harm the petitioner or his family or household members.
Patron: Bell
Obstruction of justice; animal control officers. Includes animal control officers in the misdemeanor provisions of the obstruction of justice statute.
Patron: Bell
Sexual assault response teams. Requires attorneys for the Commonwealth to establish sexual assault response teams. Each team would be responsible for discussion of establishment of policies and coordinating responses to sexual assault incidents and to establish guidelines for community response.
Patron: Bulova
School records; self-authentication. Expands the types of school records that may be admissible in cases involving custody of the student or termination of parental rights to all school records provided that they are authenticated as true and accurate copies by the custodian of the records or by the person to whom the custodian reports, if they are different. Currently, only school records relating to attendance, transcripts, or grades are admissible based on such authentication.
Patron: Janis
Closely held corporations; pro se representation. Allows a closely held corporation to be represented by an officer pro se before the general district courts (i) if the amount in controversy is $2,500 or less, and (ii) the officer has the unanimous consent of all the shareholders to do so. A closely held corporation is defined as a corporation the stock of which is held by no more than five persons and is not publicly offered or planned to be publicly offered.
Patron: Janis
Uniform Principal and Income Act (UPIA). Revises the Act to address a 2006 IRS ruling regarding marital deductions to ensure that an IRA or other retirement arrangement that is payable to a marital deduction trust qualifies for the federal estate tax marital deduction. The trustee will be required to demand certain distributions if the surviving spouse so requests because the IRS requires that the surviving spouse be separately entitled to demand the fund’s income. The bill also clarifies how a trust that is required to pay income to a beneficiary keeps enough money to pay its taxes and distribute the balance of the income to the mandatory income beneficiary. The bill also allows for the creation of grantor-created unitrusts to be administered in the manner of a total return unitrust. Current law allows for the conversion of income trusts into total return unitrusts but does not allow unitrusts to be otherwise created. The bill also provides that a qualified beneficiary of a trust, other than the attorney general of the Commonwealth, may petition the circuit court to convert an income trust to a total return unitrust, convert a total return unitrust to an income trust, or change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust assets. Currently, only the trustee may file such a petition.
Patron: Hargrove
Duty of care. Expands to owners of privately owned airports, heliports, and landing areas that would be used to operate aircraft or ultralight vehicles an exemption from the duty of care provision if the landowner does not charge a fee to use his property. Under the bill owners of such airports, flying fields, or heliports would not assume responsibility for or incur liability for certain negligent acts.
Patron: Janis
Judicial performance evaluation program. Requires the Survey and Evaluation Research Laboratory of the Center for Public Policy at Virginia Commonwealth University to administer the judicial performance evaluation program for the General Assembly and make annual reports to the Chairmen of the Committees for Courts of Justice of the House and Senate.
Patron: Amundson
Department of Professional and Occupational Regulation; criminal records checks. Requires the Department of Professional and Occupational Regulation (DPOR) to obtain criminal history record information from the Department of State Police regarding individuals for initial licensure as real estate licensees.
Patron: Valentine
"Move-over" law. Revises the class of stationary vehicles for which motorists must, if safe to do so, move left by providing a new definition of "emergency vehicle."
Patron: Howell, A.T.
Novelty lighters. Defines "novelty lighters" and provides that any person who knowingly sells a novelty lighter to a person he knows or has reason to know is a juvenile, is subject to a fine of no more than $50. This bill incorporates HB 2054.
Patron: Miller, J.H.
Arrest of illegal immigrants. Removes Code provision that prohibits an arrest of an illegal alien (who has been previously convicted of a felony and deported) more frequently than once every six months.
Patron: Loupassi
Expansion of jurisdiction of multijurisdiction grand jury to include investigation of trademark infringement. Expands jurisdiction of multijurisdiction grand jury to include investigation of trademark infringement.
Patron: Abbitt
Training of certain private correctional personnel at Central Virginia Regional Criminal Justice Training Academy. Allows the Central Virginia Regional Criminal Justice Training Academy to enter into an agreement to train private correctional personnel employed by the Immigration Centers of America-Farmville, so long as such agreement provides for the reimbursement of the costs of such training. Such trained employees are provided with the power of arrest during transport, so long as the employees meet Department of Criminal Justice Services compulsory minimum and in-service training standards for jailors. The bill contains an emergency clause.
EMERGENCY
Patron: Cline
Arrests for which fingerprints are required. Requires that fingerprints be taken and forwarded to the Central Criminal Records Exchange upon an arrest for a violation of a protective order issued under Title 16.1. Fingerprints are already authorized for misdemeanor violations of arrests for violation of stalking protective orders issued under Title 18.2.
Patron: Griffith
Real property tax; sale of tax-delinquent property. Provides that a party whose interest in tax-delinquent property is secured by a properly recorded deed of trust is not required to file a notice in order to have his claim paid upon the judicial sale of such property.