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2010 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

Reynolds (Chairman), Norment, Howell, McDougle, Hurt, Deeds, McEachin

Clerk: Angi Murphy
Date of Meeting: February 22, 2010
Time and Place: 4:00 P.M., Senate Room A

H.B. 13

Patron: Marshall, R.G.

Availability of presentence reports to counsel for convicted person. Provides that counsel representing a person who has been convicted of a crime for which a presentence report was prepared by a probation officer may be provided a copy of the report, without a court order, when the convicted person is pursuing a post-conviction remedy.

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; disabled parent. Provides that a parent is subject to prosecution for the desertion or nonsupport of another child who is not receiving aid under a federal or state program for aid to the permanently and totally disabled or of a spouse.

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. 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. 864

Patron: Cline

Compensation of court-appointed counsel.  Requires a separate detailed accounting for representation expenses for each criminal charge and requires the judge to review the allocation of fees among the charges when counsel represents an indigent defendant on multiple charges that are tried by the court as part of the same judicial proceeding.

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. 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. 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.