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2011 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

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

Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 20, 2011
Time and Place: 07:30am/Senate Room A

S.B. 745

Patron: Herring

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana.

S.B. 746

Patron: Norment

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana.

S.B. 748

Patron: Houck

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana.  Creates a new category for “synthetic marijuana” as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana.

S.B. 749

Patron: Smith

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana.

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. 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. 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.

S.B. 877

Patron: Reynolds

Definition of family or household member; penalty.  Redefines the definition of "family or household member" to include (1) a person's in-laws regardless of whether the in-laws reside in the same house as the person and (2) any individual who is or was involved in a continuing relationship of a romantic or intimate nature with the person. Expanding the definition of "family or household member" implicates crimes for which a family or household member is a victim (e.g., assault and battery against a family member) and protective orders under which a person may be protected (e.g., protective orders in cases of family abuse).

S.B. 919

Patron: McDougle

Penalty for certain crimes against adults 60 years of age or older.  Increases criminal penalties when the victim of the offense is 60 years of age or older and the offender knows or reasonably should know the victim of the offense is 60 years of age or older as follows: Any person who commits a grand larceny shall be punished by a term of imprisonment of not less than two nor more than 20 years. Any person who obtains money by false pretenses is guilty of a Class 3 felony. Any person who signs another's name to a writing is guilty of a Class 4 felony. Any person who commits an identity theft resulting in financial loss of greater than $200 is guilty of a Class 5 felony. Any person who commits a second or subsequent offense shall be sentenced to a term of imprisonment of two years in addition to the punishment provided for such offense.

S.B. 926

Patron: McDougle

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana.  Creates a new category for “synthetic marijuana” as a series of controlled substances listed in Schedule I (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule I, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana. However, except where synthetic marijuana is specifically exempted, it will fall under provisions in the Virginia Code that refer to controlled substances.

S.B. 992

Patron: Stuart

Imitation marijuana; penalty.  Provides the same penalties for the sale, gift, distribution or possession with the intent to sell, give or distribute imitation marijuana as for marijuana. This includes any substance that is an imitation, is intended to imitate, or that the person should reasonably know is used as an imitation for marijuana.

S.B. 1091

Patron: Hanger

Protective order; grounds. Expands the class of persons who may be issued a protective order from victims of stalking, sexual battery, aggravated sexual battery, or a criminal offense resulting in serious bodily injury to any party who is or has been subjected to conduct that causes a reasonable apprehension of death, criminal sexual assault, or bodily injury. The bill also authorizes protective orders to be issued based on the issuance of a warrant for the arrest of the respondent for certain crimes. The protective order may be issued irrespective of the relationship between the petitioner and respondent. The bill does not affect provisions authorizing protective orders in cases of family abuse.

S.B. 1140

Patron: Quayle

Bad checks; child support; penalties.  Specifies that writing a bad check for child or spousal support is subject to the criminal penalties for bad checks. The bill also adds writing a bad check for child or spousal support on behalf of a business, firm, or corporation knowing that there are insufficient funds to the provisions that make it a Class 1 misdemeanor or Class 6 felony ($200 or more) for an employer to write a bad check for wages.

S.B. 1181

Patron: Norment

DUI maiming; penalty.  Raises the penalty for DUI maiming, causing permanent impairment, from a Class 6 to a Class 4 felony and creates a Class 6 felony when the offense causes serious bodily injury without maiming.

S.B. 1185

Patron: Norment

Sex offenses prohibiting entry onto school or other property; penalty.  Expands the prohibition on entry onto school grounds by any adult convicted of a sexually violent offense to include (i) any school bus as defined in § 46.2-100, (ii) any designated school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity, or (iii) any property, public or private, during hours when such property is being used solely by a public or private elementary or secondary school for a school-related or school-sponsored activity.

S.B. 1186

Patron: Norment

Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana. The bill has an emergency clause.

EMERGENCY

S.B. 1222

Patron: Barker

Protective orders; acts of assault.  Allows a person to seek a protective order if a victim of assault. The bill also authorizes courts to issue protective orders that prohibit acts of assault and removes the requirement that bodily injury against an alleged victim be serious in order for a court to issue a protective order against the alleged perpetrator. Expanding the behavior for which a protective order may be issued implicates crimes for which a violation of a protective order is an element of the offense (e.g., trespass).

S.B. 1324

Patron: Herring

Crimes against incapacitated or elder adults; penalty.  Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony.

S.B. 1325

Patron: Herring

Financial exploitation of elderly or vulnerable adults; penalty. Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony.

S.B. 1364

Patron: Lucas

Protective orders; definition of family abuse; dating violence; penalty.  Makes numerous changes to the laws governing family abuse protective orders and stalking protective orders.

S.B. 1373

Patron: Wampler

Penalties for possession, sale, gift, or distribution of or possession with intent to sell, give, or distribute synthetic cannabinoids.  Creates a new category for “synthetic cannabinoids” as a series of controlled substances listed in Schedule I (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule I, punishment for possession and distribution of synthetic cannabinoids is largely in accord with the provisions for actual marijuana. However, except where synthetic cannabinoids is specifically exempted, it will fall under provisions in the Virginia Code that refer to controlled substances. The bill has an emergency clause.

EMERGENCY