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2010 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: February 24, 2010
Time and Place: 2:00 P.M., Senate Room A

H.B. 8

Patron: Carrico

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.

H.B. 21

Patron: Kilgore

Space flight liability and immunity; sunset.  Repeals the July 1, 2013, expiration date on the act establishing space flight liability and immunity.

H.B. 39

Patron: Orrock

Bigamy; restitution.  Provides that a person found guilty of bigamy may, upon conviction, be ordered by the court to make restitution to the other party of the bigamous marriage if (i) such other party believed in good faith that the husband or wife of the first marriage was dead or that the first marriage had been annulled or dissolved by a divorce or was without knowledge of the first marriage and (ii) such party did not, after receiving knowledge that the husband or wife of the first marriage was not dead or that the first marriage had not been annulled or dissolved by a divorce, live together as husband and wife with such person guilty of bigamy.

H.B. 40

Patron: Orrock

Criminal nonsupport. Under current law a parent is not subject to prosecution for criminal nonsupport if the child receives aid under a federal or state program for aid to the permanently and totally disabled.  This bill clarifies that such a parent is subject to prosecution for desertion and nonsupport of a spouse and of any children who are not receiving such aid.

H.B. 107

Patron: Cole

Adult students under the jurisdiction of the juvenile and domestic relations district court; notification to schools. Clarifies that notification is to be given to the superintendents of school divisions when students who are 18 years of age or older are charged with certain crimes and are subject to the jurisdiction of the juvenile and domestic relations district court. The bill makes a similar change for providing notification when such students are committed to a Department of Juvenile Justice facility.

H.B. 144

Patron: O'Bannon

Last drink inquiry protocol. Gives the Department of Criminal Justice Services the power and duty to establish, publish and disseminate a model policy for law-enforcement personnel for handling individuals suspected of driving while intoxicated, including communication to the Alcoholic Beverage Control Board regarding the physical location where the individual consumed his last alcoholic beverage.

H.B. 210

Patron: Bulova

Extortion; definition of injury to property. Provides that for the purposes of the extortion statute "injury to property" includes the sale, distribution or release of personal identifying information listed in the identity theft statute, unless it is done with the intent to obtain money, property or a pecuniary benefit to which a person reasonably believes he is lawfully entitled.

H.B. 227

Patron: Watts

Sex offenses prohibiting entry onto school property. Current law allows an adult who is prohibited from entering upon school or child day center property because he was convicted of a sexually violent offense to petition either the juvenile and domestic relations district or circuit court of the locality for permission to enter the property; this bill provides that the petition must be filed in circuit court.

H.B. 314

Patron: McClellan

DNA data bank.  Makes technical changes providing that instead of blood, saliva and tissue samples, "samples of human biological evidence" shall be analyzed. The bill also provides that results of analyses are to be provided to an accused or his attorney.

H.B. 368

Patron: Ware, O.

Department of Criminal Justice Services; regional criminal justice academy training fund. Allows a locality to add a surcharge on traffic summonses and other like activities to support its independent criminal justice academy if such academy was certified by the Department of Criminal Justice Services as of July 1, 2010. Currently, to be able to add a surcharge, an independent academy had to be certified as of January 1, 2003.

H.B. 458

Patron: Herring

Attorney-issued summons; protective orders.  Eliminates the prohibition on attorney-issued summonses in cases involving the issuance of protective orders.

H.B. 618

Patron: Pogge

Constitutionality of local ordinances. Permits a locality to obtain a determination by the circuit court as to the constitutionality of a local ordinance that has been held to be unconstitutional in a court not of record. Currently, only the Commonwealth is able to obtain such a determination.

H.B. 637

Patron: Armstrong

Concealed handgun permit; fees.  Waives the concealed handgun permit fee (maximum $50) for certain designated boarding team members and boarding officers of the United States Coast Guard.

H.B. 719

Patron: Peace

Uniform Power of Attorney Act (UPOAA). Establishes in the Code of Virginia the Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006. The UPOAA consists of default rules that can be modified if the principal desires. Powers of attorney will be durable unless drafted to expire upon a specified date or event. The UPOAA addresses creation and use, good faith reliance, limitations of agent's powers, refusal to recognize, judicial review, notification of resignation, and other matters. The UPOAA contains an optional statutory form that may be used by an agent to certify facts concerning a power of attorney.

H.B. 774

Patron: Cleaveland

Virginia Recreational Facilities Authority. Delays the reversion of title to real property from the Virginia Recreational Facilities Authority to the Commonwealth, in the event that the Authority ceases to operate, until July 1, 2011.

H.B. 869

Patron: Cline

Prohibition on wearing a mask; public emergency exception.  Adds to the existing exemptions in the section making it a Class 6 felony for a person over the age of 16 to wear a mask in public or on private property without the owner's written consent an exception when the Governor has declared a disaster or state of emergency in response to a public health emergency and defines the mask appropriate for the emergency.

H.B. 871

Patron: Cline

Concealed handgun permit applications; right to ore tenus hearing. Provides that upon denial of an application for a concealed handgun permit, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. The bill further provides that upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. In addition, the bill provides that (i) the applicant may be represented by counsel, but counsel shall not be appointed; (ii) the rules of evidence shall apply; and (iii) the final order of the court shall include the court's findings of fact and conclusions of law.

H.B. 911

Patron: Bell, Robert B.

Transfers of juveniles to circuit court; ancillary charges.  Clarifies that if a case against a juvenile 14 years of age or older for an offense that would be a felony if committed by an adult is transferred from the juvenile and domestic relations district court to the circuit court, all ancillary charges to that offense, even though they may not be felonies, are likewise transferred.

H.B. 930

Patron: Bell, Robert B.

Extension of protective orders.  Allows a petitioner who has obtained a protective order under § 16.1-279.1 (cases of family abuse) or § 19.2-152.10 (stalking) to obtain an extension of such order for a period of no more than two years if the respondent continues to pose a threat to the health or safety of the petitioner and the petitioner's family and household members. There is no limit on the number of extensions that may be requested.

H.B. 931

Patron: Bell, Robert B.

Protective orders; coordination with other states.  Requires the Executive Secretary of the Supreme Court, on an annual basis, to consult with the appropriate judicial authorities of adjacent states, and allows the Executive Secretary to consult with the appropriate judicial authorities of any other state, concerning the forms used in connection with the issuance of protective orders under the laws of the Commonwealth and the other states. The Executive Secretary shall, to the extent feasible under the laws of the Commonwealth, coordinate the contents of such protective order forms with other states in order to facilitate the enforcement of foreign protective orders in the Commonwealth and the enforcement of Virginia protective orders in other states.

H.B. 946

Patron: Landes

Obtaining records from financial entities. Provides that electronic data and electronic communications are included in the information that certain financial entities must provide pursuant to a subpoena duces tecum.

H.B. 1113

Patron: Ebbin

Forfeiture of vehicles used in abduction or pandering involving a minor. Provides that the motor vehicle of any person who engages in pandering when the prostitute is a minor or commits a felony violation of abduction when the victim is a minor is subject to forfeiture.

H.B. 1147

Patron: Scott, J.M.

Civil damages for computer trespass.  Expands the availability to institute a suit for civil damages resulting from computer trespass to include all eight statutory definitions of computer trespass. Currently, damages are available only for six kinds of computer trespass.

H.B. 1194

Patron: Griffith

Bail terms set by court on a capias to be honored by magistrate.  Provides that a magistrate who is to set the terms of bail of a person arrested and brought before him on a capias shall do so in accordance with the order of the court that issued the capias, if the court so orders.

H.B. 1216

Patron: McClellan

Public defenders; supplemental compensation.  Provides that supplemental compensation for public defenders provided by a locality shall go directly to the employees rather than going to the Indigent Defense Commission for distribution.

H.B. 1256

Patron: Miller, P.J.

Resignation of law-enforcement officers; carrying concealed weapon. Provides that certain law-enforcement officers who are eligible for retirement with at least 20 years of service and who resign from their position in good standing to accept a position covered by the Virginia Retirement System shall be eligible to carry a concealed handgun if he has received written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the agency from which the officer resigned.

H.B. 1257

Patron: Miller, P.J.

Purchase of service handguns; resignation in good standing. Provides that certain law-enforcement officers who are eligible for retirement with at least 20 years of service and who resign from their position in good standing to take another position covered by the Virginia Retirement System may purchase their service handgun for $1.