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2011 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

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

Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 13, 2011
Time and Place: 7:30am/Senate Rm.A

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. 767

Patron: Marsden

Expungement of protective orders.  Provides that a person against whom a protective order has been issued may petition to have police and court records relating to the protective order expunged if the order is subsequently dissolved by the issuing court.

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. 813

Patron: Martin

Threats of death or bodily injury; penalty.  Provides that any person who knowingly communicates, in a writing, a threat to kill or do bodily harm to a person or class of persons, regardless of whether the person or a member of the class of persons who is the object of the threat actually receives the threat, and the threat would place the object of the threat in reasonable apprehension of death or bodily injury is guilty of a Class 6 felony. Current law only governs threats made against a person or his family members or threats to do harm at a school or a school-related event or on a school bus. The bill also expands the types of government activities to include judicial proceedings for which threats to kill or do bodily injury with the intent to influence such government activities are punishable as Class 5 felony.

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.

S.B. 826

Patron: Edwards

Publication of unlawful photographs; penalty.  Provides that it is a Class 6 felony for a person to publish on the Internet a photograph or video made in violation of the current law prohibiting photographing, etc., a nonconsenting person in certain situations where there is an expectation of privacy.

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. 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.

S.B. 872

Patron: Stuart

Expansion of gang-free zones. Adds school bus stops and publicly owned parks, libraries and hospitals to the list of places denoted "gang-free zones." Criminal gang activity that occurs in gang-free zones receives additional punishment.