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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 19, 2011
Time and Place: 02:00p.m./Senate Room A

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.

A BILL to amend and reenact §§ 19.2-71 and 19.2-72 of the Code of Virginia, relating to power of magistrate to issue felony arrest warrant.

11100937D

S.B. 822

Patron: Edwards

Juvenile's right to appeal transfer to circuit court.  Provides for a juvenile's right to appeal to the circuit court the attorney for the Commonwealth's decision in certain violent felony cases to transfer  the juvenile's case to the circuit court for trial as an adult.

A BILL to amend and reenact § 16.1-269.6 of the Code of Virginia, relating to juvenile's right to appeal transfer to circuit court.

11101291D

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.

A BILL to amend and reenact § 18.2-325 of the Code of Virginia, relating to definition of illegal gambling.

11102096D

S.B. 870

Patron: Stuart

Blue Alert Program.  Provides for the establishment of a Blue Alert Program to be administered by the Department of State Police when a suspect for a crime involving the death or serious injury of a law-enforcement officer has not been apprehended and is a serious threat to the public or when a law-enforcement officer is missing while in the line of duty under suspicious circumstances.

A BILL to amend the Code of Virginia by adding in Title 52 a chapter numbered 7.3, consisting of sections numbered 52-34.7, 52-34.8, and 52-34.9, relating to establishment of the Virginia Blue Alert Program.

11100670D

S.B. 876

Patron: Stuart

Castle doctrine.  Encodes a version of the "castle doctrine," allowing a lawful occupant to use of physical force, including deadly force, against an intruder in his dwelling who has committed an overt act against him, without civil liability.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self-defense and defense of others.

11102140D

S.B. 903

Patron: Deeds

Definition of violent felony; penalty.  Removes an "and" in two places in the list of violent felonies to make it clear that a person does not need to be convicted of each felony in the clause in order to have a listed offense qualify as a violent felony. In one clause, the two felonies are § 18.2-308.1 (possession of weapon on school property) and § 18.2-308.2 (possession of firearm by a felon) and in the other clause, the two offenses are § 18.2-379 (employing or permitting minor to assist in offense under obscenity article) and § 18.2-381 (second offense under obscenity article).  The bill also makes it clear that one conviction under § 18.2-381 (second offense under obscenity article) qualifies as a violent felony.

A BILL to amend and reenact § 17.1-805 of the Code of Virginia, relating to definition of violent felony; penalty.

11100683D

S.B. 904

Patron: Deeds

Family assault and battery.  Allows the penalty for family assault and battery to be elevated from a Class 1 misdemeanor to a Class 6 felony if the defendant has previously been convicted of unlawful wounding or unlawful bodily injury by means of a substance. Under current law, malicious wounding and malicious bodily injury by means of a substance are two of the crimes that allow elevation of the penalty.

A BILL to amend and reenact § 18.2-57.2 of the Code of Virginia, relating to assault and battery against a family or household member; penalty.

11100684D

S.B. 914

Patron: McDougle

Offenses for which a juvenile is subject to transfer and trial as an adult; penalty. Provides that a juvenile age 14 or older will automatically be subject to a preliminary hearing in juvenile court and transferred to circuit court for trial as an adult if he is charged with any offense defined as an act of violence in § 19.2-297.1 and has been previously adjudicated delinquent for such an offense.

The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties when a juvenile 14 years of age or older is charged with gang participation in violation of § 18.2-46.2.

The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties whenever a juvenile 14 years of age or older is charged with manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance in violation of § 18.2-248; manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine in violation of § 18.2-248.03; felonious selling, giving, distributing or possessing with intent to distribute marijuana in violation of § 18.2-248.1; or possessing with intent to manufacture, sell, give, or distribute anabolic steroids in violation of § 18.2-248.5, if the juvenile has been previously adjudicated delinquent of any such offense.

A BILL to amend and reenact § 16.1-269.1 of the Code of Virginia, relating to transfer and trial as adults in circuit court of juveniles charged with certain offenses.

11102265D

S.B. 927

Patron: McDougle

Sex offender registry; affidavits.  Clarifies several provisions regarding the use of an affidavit in a criminal proceeding for failure to register as a sex offender. The bill makes it clear that the Melendez-Diaz procedures do not have to be followed for a preliminary hearing and that in preliminary hearings the Commonwealth is not responsible for summoning the custodian of the records issuing the affidavit.

A BILL to amend and reenact §§ 18.2-472.1 and 19.2-188.3 of the Code of Virginia, relating to sex offender registry; affidavits.

11100976D

S.B. 929

Patron: McDougle

Sale of tobacco products.  Provides that wrappings may be sold only in places that are not open to the general public and not generally accessible to minors and that an establishment which prohibits the presence of minors unless accompanied by an adult is not open to the general public. There is a civil penalty. Wrappings are defined in existing law as papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.

A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia, relating to prohibition on purchase or possession by or sale of tobacco products to minors; civil penalty.

11100596D

S.B. 944

Patron: Howell

Training standards for law-enforcement emergency calls and pursuits and lineups.  Requires the Department of Criminal Justice Services to establish training standards and publish a model policy for law-enforcement personnel assigned to vehicle patrol duties that comply with best practices for pursuits and for responding to emergency calls and to establish training standards and publish a model policy for law-enforcement personnel involved in criminal investigations that comply with best practices for conducting photographic and live lineups.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to powers and duties of the Criminal Justice Services Board and Department of Criminal Justice Services; training for law-enforcement personnel.

11102292D

S.B. 948

Patron: Howell

Juvenile dispositions. Gives the circuit court the authority to modify a finding of guilt to an adjudication of delinquency when a juvenile is tried in circuit court and fulfills the conditions of probation after the court has deferred the imposition of a final sentence and placed the juvenile on probation.

A BILL to amend and reenact § 16.1-272 of the Code of Virginia, relating to power of circuit court over juvenile offender.

11102269D

S.B. 962

Patron: Northam

Possession of certain substances with intent to manufacture methamphetamines. Refines the list of substances involved in the manufacture of methamphetamine, the possession of two of which, coupled with the intent to manufacture methamphetamine, is punished as a Class 6 felony. The change is intended to capture substances used in new methods of manufacture and to capture by-products, as well as precursors, of manufacture.

A BILL to amend and reenact § 18.2-248 of the Code of Virginia, relating to possession of certain substances with intent to manufacture methamphetamines.

11101190D

S.B. 1012

Patron: Puckett

Destruction of live marijuana plants.  Provides that where a seizure of more than 10 suspected marijuana plants is made in connection with any drug prosecution or investigation, the appropriate law-enforcement agency may destroy the plants by direction of the chief law-enforcement officer or his designee, without a court order, when it is not reasonably possible to preserve the plants in place or to remove the plants to another location; random and representative samples of the plants to be destroyed are retained for evidentiary purposes; and photographs or video recordings are taken to record the total amount of the suspected marijuana plants seized.

A BILL to amend and reenact § 19.2-386.24 of the Code of Virginia, relating to destruction of seized marijuana plants.

11101105D

S.B. 1028

Patron: Puckett

Drug Treatment Courts.  Provides for the establishment of drug treatment courts in Buchanan, Dickenson, Goochland, Montgomery, and Russell Counties, and for the establishment of a drug treatment court in the County of Wise that will serve the Counties of Lee, Scott, and Wise; provided that each court is funded within existing state and local appropriations.

A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to the establishment of drug treatment courts in Buchanan, Dickenson, Goochland, Montgomery, Russell, and Wise Counties.

11103527D