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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: February 5, 2009
Time and Place: 7:30 a.m., Senate Room A

S.B. 890

Patron: McDougle

Motor vehicles; collection of court costs.  Requires where the court waives a fine for certain offenses that court costs still be collected.

S.B. 915

Patron: Stuart

Children of certain persons at certain criminal proceedings.  Provides that the court shall obtain from (i) persons at bail hearings, (ii) accused persons during arraignment, and (iii) defendants during the placement of probation and shall submit to the Department of Social Services the names, social security numbers, and dates of birth of the persons' and defendants' children, and the names of person having legal custody of such persons' and such defendants' children.

S.B. 967

Patron: Blevins

Sales of equines by dealers; penalty.  Requires that a receipt accompany any sale of a horse greater than $10,000. Any person acting as a dual agent for both the buyer and the seller in such a sale must receive written consent from the principals and disclose any compensation greater than $500. Violators shall be guilty of a Class 1 misdemeanor and civilly liable for treble damages.

S.B. 1136

Patron: Petersen

Grand larceny; threshold amount.  Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny.

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. 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. 1333

Patron: Cuccinelli

Paramilitary activity; penalty.  Makes it a Class 5 felony to provide land or other resources knowing that it will be used to conduct illegal paramilitary activities.

S.B. 1391

Patron: Stolle

Criminal convictions; DNA Notification. Permits the dissemination of Virginia criminal history information to certain individuals who volunteer in the identification, location, and notification of individuals convicted of crimes prior to the advent of DNA testing and the case files of which have since been found to contain evidence suitable for DNA testing. The bill also specifies other aspects of the notification process and has an emergency clause.

EMERGENCY

S.B. 1407

Patron: Norment

Criminal history record checks; volunteers.  Adds the Rita Welsh Adult Literacy Program to the agencies that may receive criminal history background checks for their volunteers without charge.

S.B. 1422

Patron: Stolle

Criminal penalties; larceny. Creates a new class of misdemeanor, called an “aggravated misdemeanor”, allowing for up to two years of incarceration and/or a fine of up to $2,500, for crimes including, but not limited to, larceny offenses between $200 and $500, second offense petit larceny, second offense of a violation of a protective order within five years, recruiting another into a street gang, assault and battery hate crimes, assault and battery of school personnel, second offense domestic assault, second offense stalking, second offense DUI crimes, third offense of driving on a suspended sentence, and driving after having been declared an habitual defendant. The bill also creates the crime of conspiracy to commit petit larceny and allowing for the amount of all goods stolen pursuant to such a conspiracy to be aggregated for any six-month period. Multijurisdictional grand juries are empowered to investigate and issue indictments for grand larceny and conspiracy to commit larceny. The bill adds larceny to the offenses that comprise a “predicate criminal act” as for the purposes of criminal gang activity and raises the threshold amount for grand larceny from $200 to $500.

S.B. 1424

Patron: Martin

DUI; prior offenses. Provides a definition of "substantially similar" for the purpose of determining when an out-of-state DUI conviction can be used to enhance punishment for a current Virginia DUI offense. Out-of-state laws that criminalize driving (i) while intoxicated, impaired, or under the influence and define intoxication or impairment as 0.08 or (ii) under the influence of, or while impaired by, alcohol, a drug, or alcohol and a drug are deemed to be substantially similar laws.

S.B. 1539

Patron: Hurt

Line of Duty Act; investigation of claims; police departments and sheriffs offices.  Provides that when a police department or sheriff's office is the last employer of the deceased or disabled person, then the department or office may conduct the investigation of the circumstances surrounding the deceased or disabled person and report the findings to the Comptroller. Currently all investigations of the circumstances must be conducted by the Virginia Department of State Police.