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2010 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Clerk: Angi Murphy
Date of Meeting: February 10, 2010
Time and Place: 2:00 p.m., Senate Room A

S.B. 3

Patron: Smith

Renewal of concealed handgun permits. Allows a person who previously has been issued a Virginia concealed handgun permit to submit an application to renew the permit via the United States mail.

S.B. 46

Patron: Stuart

Special education program for children with disabilities; recovery of attorney fees.  Authorizes a court to award reasonable attorney fees and costs to a prevailing party, who is the parent of a child with a disability, in a civil action he is allowed to bring before the court because he is aggrieved by earlier findings and a decision resolving a dispute as to program placements, individualized education programs, tuition eligibility and other matters.

S.B. 65

Patron: Lucas

Psychiatric treatment of minors.  Revises the Psychiatric Inpatient Treatment of Minors Act in order to create a stand alone juvenile commitment act that will be titled the Psychiatric Treatment of Minors Act and to eliminate various cross references to the adult commitment statutes in Title 37.2. The bill incorporates various provisions from the adult commitment statutes, including provisions regarding the transportation of persons in the commitment process, the preparation of preadmission screening reports, and the process for emergency custody and temporary detention orders, into the Act. The bill also revises the appeals process, reducing the time to note an appeal from 30 to 10 days, which is consistent with other appeals from the juvenile and domestic relations district court.

S.B. 79

Patron: Reynolds

Concealed handgun permit applications; fingerprints. Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.

S.B. 87

Patron: Howell

Hospitalization of inmates in local correctional facilities.  Repeals provisions dealing with determining (i) a defendant's competency to be sentenced after he has been convicted of a crime and (ii) whether an inmate who is in the custody of a local correctional facility needs to be involuntarily hospitalized for treatment of mental illness, and substantially incorporates these provisions into statutes dealing generally with determinations of a defendant's competency and the hospitalization of inmates in the custody of local correctional facilities. The bill sets forth the procedures that a court or a person having custody of an inmate must follow to determine whether treatment of mental illness is necessary.

S.B. 334

Patron: Hanger

Concealed handguns; restaurants; penalty.  Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.

S.B. 408

Patron: Vogel

Possession of concealed weapons in vehicles. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or vessel if the handgun is locked in a container or compartment.

S.B. 501

Patron: Lucas

Concealed handgun permits; disqualifying convictions. Provides that a conviction from another state for driving while intoxicated or for drunkenness in public within the preceding three years disqualifies an individual from obtaining a concealed handgun permit.

S.B. 529

Patron: Puller

Civil commitment of sexually violent predators; evaluation. Provides that an evaluation for initial determination of whether a prisoner meets the definition of a sexually violent predator may be performed by a licensed professional counselor or licensed clinical social worker.

S.B. 533

Patron: McDougle

Concealed handgun permit applications; right to ore tenus hearing.  Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.

S.B. 595

Patron: Lucas

Transfer of firearms; criminal records check; penalties.  Adds a definition of "firearms show vendor" and requires that a criminal background check be performed on the prospective transferee, if such transferee does not possess a concealed handgun permit, before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.