SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: March 8, 2010
Time and Place: 9:00 a.m., Senate Room A
Patron: Marshall, R.G.
Custody in state and local correctional facilities of those accused or convicted of federal terrorism. Provides that no person who is accused or convicted of terrorism in violation of federal law, as terrorism is defined in 18 U.S.C. § 2331, shall be held in custody in any state, regional, or local correction facility unless (i) such person is also accused or convicted of a violation of state or local law or (ii) there is an agreement or contract with the federal government, as of June 30, 2010, to hold federal prisoners, which may include any such person, at such state, regional, or local correctional facility.
Patron: Cole
Certain firearms taxes; destruction of records. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.
Patron: Pogge
Capital murder; fire marshals, deputy and assistant fire marshals, and EMS personnel; penalty. Adds fire marshals and deputy and assistant fire marshals with law-enforcement powers and emergency medical services personnel to the capital murder statute so that the death sentence can be imposed for their murder when such killing is for the purpose of interfering with the performance of their official duties.
Patron: Alexander
Writ of actual innocence; available after parole or pardon. Provides that the statutory guidelines employed by the General Assembly for determining compensation of persons who have been wrongfully incarcerated also apply to a person granted a writ of actual innocence based on nonbiological evidence and a person who has been granted an absolute pardon for the commission of a crime that he did not commit.
Patron: Janis
Retired judges under temporary recall. Requires that the General Assembly approve retired judges for service under temporary recall.
Patron: Janis
Judicial vacancies. Removes the requirement that the Committee on District Courts and the Supreme Court certify vacancies in the judiciary prior to the legislature filling those vacancies.
Patron: Griffith
Appeal of bail decision. Specifies the court to which a bail decision, bond amount, or term of recognizance should be appealed. The proper court is determined based on where the initial determination was made and the court in which the charge is pending. The bill also expands the ability of the attorney for the Commonwealth to appeal a bail decision and to make a motion to increase bond or revoke bail.
Patron: Griffith
Administration of the circuit court system; authority of circuit court judges. Clarifies that the executive secretary's responsibility as administrator of the circuit court system does not supersede the authority of the circuit court judges over running the court itself (e.g., setting terms of court, dockets, control of the courtroom, etc.).
Patron: Gilbert
Admissibility of certificates of analysis at preliminary hearing; at trial. Provides that at any preliminary hearing, certificates of analysis and reports prepared by lab analysts, etc., shall be admissible without the testimony of the person preparing such certificate or report. The bill also provides that when such an analyst appears in court on the day of trial to testify, the certificate of analysis shall be admissible (over procedural objection) The bill also provides that if the defendant demands the testimony of an analyst, and is convicted, he shall pay $50 in travel costs as court costs.
Patron: Gilbert
Criminal law; redefinition of the triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing.
Patron: Gilbert
Concealed handguns; restaurants. Prohibits a person, other than a federal, state, or local law-enforcement officer or a qualified retired law-enforcement officer, who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.
Patron: Rust
Administrative impoundment of motor vehicles. Provides for the administrative impoundment of motor vehicles when driving without an operator's license.
Patron: Tata
Compensation for wrongful incarceration for a felony conviction. Clarifies individuals granted an absolute pardon by the Governor may be considered under the wrongful incarceration compensation statute. The bill also provides that the amount of compensation provided under the statute be adjusted for inflation. In addition, the bill specifies that in addition to any subsequent conviction of a felony, any act resulting in the revocation of parole or probation shall also make a person who has been awarded compensation under the statute ineligible to receive any unpaid amount.
Patron: Peace
Foreclosure sales; trustee to pay taxes. Clarifies that, in the event of a foreclosure sale, the trustee shall cause the proceeds of the sale to be applied to the payment of taxes on the property. The bill also eliminates a redundancy in the Code pertaining to the duties of a trustee in a foreclosure sale.
Patron: Albo
Conditions of release without bond. Provides that no person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency unless he is determined by a court to be indigent.
Patron: Toscano
Post-adoption contact and communication agreements. Provides that in any case of adoption, adoptive parents may enter into post-adoption contact and communication agreements, and that the court may consider the appropriateness of any post-adoption contact and communication agreement at a permanency hearing for any child in foster care.
Patron: Cline
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.
Patron: Athey
Possession of concealed weapons. 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 boat if the handgun is secured in a container or compartment.
Patron: Bell, Robert B.
Definition of residence for the purposes of the sex offender registry. Provides that "residence" means, for any sex offender who declares himself homeless and has no legal residence, any location designated by him, which can be located with reasonable specificity, where he spends the night.
Patron: Bell, Robert B.
Barking dog ordinances; mediation. Provides that in any ordinance that regulates barking dogs, a locality may include provisions that require parties to use mediation or arbitration as an initial step in resolving a dispute.
Patron: Bell, Robert B.
Commercial driver's license; disqualification. Provides that the Commissioner shall disqualify for a period of five years any person convicted of reckless driving, a violation of any provision of § 46.2-833 (running a red light), or any other violation of Title 46.2 punishable as a Class 1 misdemeanor or felony if such violation (i) was committed while operating a commercial motor vehicle and (ii) resulted in the death of another individual.
Patron: Bell, Robert B.
Capital murder; auxiliary law-enforcement officers; penalty. Adds auxiliary police officers and auxiliary deputy sheriffs to the capital murder statute so that the death sentence can be imposed for their murder.
Patron: Kilgore
Technological efficiencies in circuit court clerks' offices; fees. Makes technical changes in circuit court clerks' handling of electronic or digital filing and their maintenance and support of electronic filing. This bill incorporates HB 90 and HB 825.
Patron: Byron
Human infant; independent and separate existence. Provides that for the purposes of homicide, a human infant who has been born alive and is fully brought forth from the mother has achieved an independent and separate existence, regardless of whether the umbilical cord has been cut or the placenta detached.
Patron: Crockett-Stark
Carrying concealed handguns; retired law-enforcement officers. States that a retired law-enforcement officer who receives proof of consultation and favorable review to carry a concealed handgun without a concealed handgun permit is authorized to carry a concealed handgun in the same manner as a law-enforcement officer authorized to carry a concealed handgun.
Patron: Gilbert
Juvenile records; gang information; exceptions to confidentiality. Places an affirmative duty on the Department of Juvenile Justice to provide information to law-enforcement that may aid in initiating or furthering an investigation of a criminal street gang. The bill also requires, rather than allows, the Department or locally operated court services unit to release to law enforcement information on a juvenile's criminal street gang involvement and the criminal street gang-related activity of others and to include the identity of or identifying information of the juvenile. Locally designated gang task forces are added as authorized recipients of such information. The bill incorporates HB 254 and HB 255.
Patron: Griffith
Issuance of concealed handgun permits; clerk of court. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. The bill further provides that the court clerk is immune from suit arising from any acts or omissions relating to the issuance of concealed handgun permits without judicial review unless the clerk was grossly negligent or engaged in willful misconduct. This bill is not to be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2010.
Patron: Griffith
Actions or suits involving fiduciaries; style of the case; amendment of pleading. Provides that in any action or suit required to be prosecuted or defended by or in the name of a fiduciary, the style of the case in regard to the fiduciary must be substantially in the following form: "(Name of the subject of the fiduciary relationship) through (Name of fiduciary), (type of fiduciary relationship)." Failure to comply with this form does not affect the validity of any judgment or pleading, and pleadings that are not in the proper form shall be amended on the motion of any party or on the court's own motion. The provisions of the bill apply to any action or suit pending as of the effective date of the bill.
Patron: Griffith
Executive secretary as administrator of circuit court system. Allows the Executive Secretary of the Supreme Court to employ staff from state funds specifically appropriated to him for that purpose.
Patron: Iaquinto
DUI ignition interlock limitations. Provides that a person who is convicted of DUI is required to have an ignition interlock on the first offense as a condition of a restricted license. Currently, the requirement for an interlock is imposed only upon a second offense or when the offender's BAC is above 0.15 percent. This bill incorporates HB 923.
Patron: Iaquinto
Sex offenders; registration requirements; collateral proof of conditions requiring registration; verification of residency and notice to offenders committed to the Department of Behavioral Health and Developmental Services; notice of escape from commitment or escape from jail. The bill also provides that offenses for which a condition of registration is that the offense was committed against a minor, a physically helpless person or a mentally incapacitated person, the additional condition need not be alleged and proven at trial but may be adjudicated in a subsequent or collateral civil proceeding. The bill also provides that the residency of those offenders under the supervision of the Department of Corrections or Community Supervision pursuant to § 37.2-919 (persons committed to the Department of Behavioral Health and Developmental Services whether on conditional release or in involuntary secure inpatient treatment) shall be verified by the State Police. The bill also provides that the Department shall give notice to a sex offender committed to the Department of Behavioral Health and Developmental Services, prior to his release, of his requirement to register with the State Police as a sex offender; and that the Department shall give notice to the State Police within 12 hours if such an offender escapes from custody. The bill also provides that if a sex offender escapes from a jail, the jailer shall notify the State Police within 12 hours of the escape.
Patron: Janis
Interpreters for non-English-speaking persons; court costs. Provides that the costs of an interpreter for non-English speaking persons will be assessed as court costs if the defendant is found guilty. Under current law the court has discretion in assessing costs and may do so only under certain limited conditions.
Patron: Sickles
Child-care facilities in certain counties and cities; local regulation of possession and storage of firearms, ammunition, or components or combination thereof. Provides that certain Northern Virginia localities may adopt local ordinances that regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities, so long as such regulation remains no more extensive in scope than comparable state regulations applicable to family day-care homes.