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2009 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

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

Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 29, 2009
Time and Place: 7:30 A.M.. Senate Room A

S.B. 889

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.

S.B. 922

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.

S.B. 999

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."

S.B. 1009

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.

S.B. 1106

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.

S.B. 1196

Patron: Puckett

Behavioral Correction Program. Allows an offender who otherwise would be sentenced to a fixed term of incarceration of three years or longer and who the court determines requires treatment for drug or alcohol substance abuse issues to be committed to a special program lasting 18 months or more. Following the offender's release, he is placed on supervised probation.

S.B. 1224

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.

S.B. 1227

Patron: Barker

Provisional driver's license holders.  Makes cell phone use while driving by a provisional driver's license holder a "primary offense."

S.B. 1229

Patron: Barker

Protection of medical information.  Adds further protections to medical information by (i) adding medical information and health insurance information to the definition of personal information, which requires an individual to be notified in the case of a database security breach, and (ii) adding a corporation organized for the purpose of maintaining medical information to the definition of health care provider in the health records privacy act.

S.B. 1265

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.

S.B. 1268

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.

S.B. 1289

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.

S.B. 1300

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.

S.B. 1307

Patron: Hurt

Extradition.  Clarifies that a sheriff or police chief of a locality may hire a private entity to perform extraditions on behalf of the Commonwealth.

S.B. 1329

Patron: McEachin

Collateral consequences of criminal convictions.  Requires the Attorney General to identify, collect, and make available on the Internet a list of constitutional, statutory and regulatory collateral consequences of a criminal conviction.  Collateral consequences are those consequences that arise as a result of a criminal conviction (such as employment barriers) but are not imprisonment, parole, probation, fines, forfeiture, restitution, etc.

S.B. 1343

Patron: Reynolds

Restricted license eligibility while license is suspended.  Allows a court to issue a restricted license to a person whose license is suspended.

S.B. 1362

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.

S.B. 1363

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.

S.B. 1377

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.

S.B. 1380

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.

S.B. 1381

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.

S.B. 1384

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.

S.B. 1463

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.

S.B. 1541

Patron: Stolle

Law-Enforcement Officers Procedural Guarantee Act.  Provides that an officer shall be given reasonable notice before being questioned in an investigation. The bill also provides that if any procedural guarantees are intentionally denied an officer during the investigative process the information garnered may not be used against him.