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2011 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 17, 2011
Time and Place: 9:00 a.m. -- Senate Room A
REVISED - SB 820 taken off docket

S.B. 755

Patron: Reynolds

Concealed handgun permits; disqualification for residential mental health or substance abuse treatment.  Allows a person who has received mental health treatment or substance abuse treatment in a residential setting within five years from the application to petition the court for a permit to carry a concealed handgun. Currently, such persons are disqualified from obtaining a permit within five years of receiving residential treatment.

S.B. 756

Patron: Reynolds

Unexecuted warrants. Clarifies that unexecuted warrants can be destroyed if dismissed under a provision enacted during the 2010 Session of the General Assembly allowing an attorney for the Commonwealth to move the court for the dismissal of an unexecuted warrant or summons issued by a magistrate. This bill is a recommendation of the Committee on District Courts.

S.B. 764

Patron: Puller

Adoption of a child; absence of parental consent. Clarifies the standard a court must apply in when determining whether to allow adoption of a child in the absence of parental consent, stating that the court must determine that failure to grant the petition for adoption would be detrimental to the child, and that granting the petition for adoption would be in the best interests of the child. The bill also clarifies that, in cases in which parental consent to adoption is waived due to failure of the parent to contact the child for six months prior to the filing of the petition for adoption, the six-month period must be immediately preceding the filing of the petition.

S.B. 770

Patron: Marsden

Punishment for underage drinking and driving; penalty.  Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides that the punishment includes, but is not limited to, 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.

S.B. 772

Patron: Locke

Assault and battery; fire marshals; penalty.  Adds fire marshals and assistant fire marshals who have police powers to the definition of law-enforcement officer in the assault and battery criminal provision, which means that the punishment for committing an assault and battery on such a person who is engaged in the performance of his public duties is elevated from a Class 1 misdemeanor to a Class 6 felony, with a six-month mandatory minimum term of confinement.

S.B. 782

Patron: Reynolds

Power of magistrates to issue felony arrest warrants. Provides that a magistrate may not issue an arrest warrant for a felony offense upon the basis of a citizen complaint without prior authorization from the attorney for the Commonwealth or a law-enforcement agency in his jurisdiction. Currently, the magistrate need only consult with the attorney for the Commonwealth or law-enforcement agency.

S.B. 816

Patron: McEachin

Fees for civil cases; judicial salaries.  Increases civil filing fees by $50 to finance judicial salaries.

S.B. 849

Patron: Petersen

Illegal gambling; poker a game of skill.  Clarifies that poker games are deemed games of skill and nothing in the definition of illegal gambling shall be construed to make any poker game illegal. The bill defines "poker game" as any of several card games in which a player bets that the value of his hand is greater than that of the hands held by others, in which each subsequent player must either equal or raise the bet or drop out, and in which the player holding the highest hand at the end of the betting wins the prize, stake or other consideration, or thing of value.

S.B. 851

Patron: Petersen

Temporary injunctions.  Provides that, in assessing whether to award a temporary injunction, a court shall determine the prevailing party and fashion relief based upon the following factors: (i) the likelihood of irreparable harm to the party seeking the temporary injunction if the temporary injunction is denied; (ii) the likelihood of harm to the party not seeking the temporary injunction if the temporary injunction is granted; (iii) the likelihood that the party seeking the temporary injunction will succeed on the merits; and (iv) the public interest.

S.B. 855

Patron: Wagner

Courthouse assessments.  Allows localities to raise the fee assessed for courthouse construction, renovation, or maintenance above the current authorized amount of $2 once every two years beginning July 1, 2012, based upon the percentage increase in the Consumer Price Index.  The fee is assessed as part of the costs in civil, criminal and traffic cases.

S.B. 857

Patron: Wagner

Misdemeanor fines.  Provides that the maximum fine for a misdemeanor is raised each July 1, starting July 1, 2012, by an amount approximately equal to the annual rate of inflation for the previous calendar year.