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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 16, 2009
Time and Place: 4:00 PM, Senate Room A
REVISED 2-13-09 (HB 1868 and HB1928 ADDED)

H.B. 1796

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).

H.B. 1868

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.

H.B. 1928

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.

H.B. 2016

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.

H.B. 2178

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.

H.B. 2245

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.

H.B. 2274

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.

H.B. 2303

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).

H.B. 2309

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.

H.B. 2362

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.

H.B. 2381

Patron: Scott, J.M.

Protective orders; companion animals.  Provides that a court may include in a protective order provisions for the protection of companion animals, possessed, leased, kept, or held by the party, or his family or household members, for whose benefit the protective order was entered.

H.B. 2393

Patron: Bell

Animal control officers deemed law-enforcement officers.  Adds animal control officers to the crime of obstruction of justice for the purpose of imposing enhanced punishment when the victim of such a crime is a law-enforcement officer.

H.B. 2400

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.

H.B. 2541

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.

H.B. 2623

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.

H.B. 2624

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

H.B. 2637

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.