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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
Reynolds (Chairman), Norment, Howell, McDougle, Deeds, McEachin, Stuart
Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 24, 2011
Time and Place: 4:00 PM -- Senate Room A
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.
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.
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.
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).
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.
Patron: McDougle
Protective orders; GPS devices. Authorizes a judicial officer to require that a protective order respondent be subject to GPS monitoring that notifies the person to be protected and law enforcement when the monitored person is in violation of the order. The cost of the monitoring is to be paid by the monitored person.
Patron: Puckett
Causing the death of another while engaging in a vehicle race; penalty. Raises the penalty for causing the death of another person while engaging in a vehicle race to a mandatory minimum 20 years. The current penalty is a term of confinement of not less than one nor more than 20 years, one year of which is a mandatory minimum term of confinement. The racing must be done in a manner so gross, wanton and culpable as to show a reckless disregard for human life.
Patron: Hanger
Synthetic marijuana; penalties. Adds synthetic marijuana (known as K2 and Spice and various other names) to Schedule I of the Drug Control Act. Possession of a Schedule I drug is a Class 5 felony and the sentence for a first offense of manufacturing, selling, distributing or possessing with intent to manufacture, sell, give or distribute a Schedule I controlled substance is 5-40 years of imprisonment with a maximum fine of $500,000. There are additional felonies for subsequent offenses, transporting into the Commonwealth, distributing to a person under the age of 18 and selling, etc. on or near school property, etc.
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.
Patron: Reynolds
Criminal procedure warrantless arrest. Gives authority to special agents of the Department of Alcoholic Beverage Control to arrest, without a warrant, any person who commits any crime in the presence of the agent and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.
Patron: Reynolds
Powers and duties of the Criminal Justice Services Board and the Department of Criminal Justice Services. Repeals the requirements for the Department of Criminal Justice Services to (i) establish a Crime Prevention Center, (ii) adopt regulations for the implementation of detoxification center programs, and (iii) adopt the "McGruff" symbol and criteria for designation as a McGruff House. The bill also repeals the authority of the Board to provide for the coordination of the operation of a statewide comprehensive criminal justice information system for the exchange of criminal history record information among the criminal justice agencies of the state and its political subdivisions. In addition, the bill provides that the Virginia Law-Enforcement Accreditation Center established by the Department may, in cooperation with Virginia law-enforcement agencies, give technical assistance and administrative support, including staffing, for the establishment of a voluntary state law-enforcement accreditation standard. Under current law, the Department is required to give such assistance and support.
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.
Patron: Norment
Certificates of analysis; labs. Adds the Forensic Document Laboratory of the U.S. Department of Homeland Security as an authorized lab in criminal matters.
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.
Patron: Norment
Reimbursement for law-enforcement training by certain public employers. Provides that whenever a public employer provides law-enforcement training for a person who has been or will be hired as a law-enforcement officer with such employer, and such person terminates his position with the employer to work as a law-enforcement officer within two years of completing the training, then the subsequent employer shall reimburse the former employer the reasonable costs incurred for the training.
Patron: Obenshain
Sex offender registry. States that any court order or plea agreement that provides that a person is not required to register with the Sex Offender and Crimes Against Minors Registry is invalid and void ab initio if such provision is in conflict with the provisions of the Registry Act.
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).
Patron: Martin
Contraband and unstamped cigarettes; penalties. Decreases from 3,000 packs to 500 packs the threshold possession amount of contraband cigarettes that triggers a mandatory jail time. Currently, if an offender is found guilty of possessing 3,000 or more packages of contraband cigarettes, the sentence of such person includes a mandatory minimum term of confinement of 90 days. The bill also changes the felony threshold amount from 3,000 unstamped packs to 500 packs, to mirror the levels set out in the definition for "contraband cigarettes" in the federal Contraband Cigarette Trafficking Act.
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.
Patron: Stanley
Sex offender registry. Requires registration when a person 18 years of age or older is convicted of engaging in consensual sexual intercourse with a child 15 years of age or older. Registration will also be required for someone convicted of the federal crime of video voyeurism. Portions of the crimes against nature statute are moved from the regular registry to become classified as sexually violent offenses. Juveniles over the age of 13 adjudicated delinquent of a registerable offense on or after July 1, 2005, must register; however, their information is not required to be published on the Internet. Under current law the court has discretion in requiring registration for such juveniles. Passport and immigration information is added to the registration information that an offender must provide. Photographs will be taken at the time of physical verification by the authorities rather than every two years.
Patron: Wampler
Manufacturing, selling, giving, possessing with intent to manufacture methamphetamine; penalties. Provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of methamphetamine, its salts, its isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $250,000 and imprisonment for not less than five nor more than 40 years, two years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill also adds a two-year mandatory minimum term of imprisonment to the existing sentence of 10-to-40-years for allowing a child to be present during the manufacture of methamphetamine.