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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 27, 2011
Time and Place: 07:30am/Senate Room A
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.
Patron: Marsh
Waiver of payment of interest on fines and costs; incarcerated defendant. Provides for the purging of interest on fines and costs for an incarcerated defendant when such fines and costs have accrued on cases other than the one for which the defendant is incarcerated. Current law provides for the interest waiver only for the case for which the defendant is incarcerated.
Patron: Obenshain
Commercial vehicles; persons required to register with the Sex Offender and Crimes Against Minors Registry. Prohibits persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required from (1) driving school buses and passenger-carrying commercial vehicles and (2) being issued commercial driver's licenses and instruction permits to drive school buses and passenger-carrying commercial vehicles.
Patron: Hanger
Access to concealed handgun permittee information. Prohibits the clerk of the court from disclosing identifying information contained on a concealed handgun permit application or on an order issuing a concealed handgun permit, if so requested by the applicant or permittee.
Patron: Hanger
Sealing psychological tests received into evidence. Provides that a court may, upon motion, seal a psychological test or other assessment device received into evidence if the moving party establishes that (i) the value of the psychological test or assessment device depends in whole or in part on the subject lacking knowledge of the testing or assessment process and (ii) public access to such test or assessment device would compromise the objectivity, fairness, or integrity of the testing or assessment process. Such motion may be brought by either a party to the proceeding or a psychologist who used, administered, or prepared the test or assessment device and who was called to testify in the proceeding.
Patron: Hanger
Department of Forensic Science; powers and duties. Provides for the Department of Forensic Science to provide forensic laboratory services upon the request of the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services.
Patron: McEachin
First offense DUI; ignition interlock and restricted license. Provides that a person who is convicted of DUI is required to have an ignition interlock on the first offense as a condition of a restricted license. Currently, the requirement for an interlock is imposed only upon a second offense or when the offender's blood alcohol content is above 0.15 percent. The bill also expands the likelihood that a first offender will be issued a restricted license when necessary for the offender's employment.
Patron: Quayle
Deferred disposition. Allows a court to defer disposition in and discharge and dismiss any criminal case.
Patron: Reynolds
Illegal gambling; definitions. Amends the definition of "illegal gambling" to clarify that the purchase of a product or other thing of value (e.g., phone card, Internet time), which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win money, is deemed consideration for the purposes of illegal gambling. The bill also clarifies that the conduct of a game, contest, lottery, scheme, or promotional offering may be lawful if (i) no part of the purpose of the contest is illegal gambling, (ii) no part of the contest involves the use of a gambling device, and (iii) the contest complies with certain requirements enumerated in the bill. The bill provides that it is declaratory of existing law.
Patron: Marsden
Detention of juvenile for violation of conditions of release. Provides that a juvenile taken into custody whose case is considered by a judge, intake officer or magistrate, who is released “under such conditions as may be imposed” by the judge, intake officer or magistrate and who then fails to adhere to the directions of the court, intake officer or magistrate while on conditional release may be detained in a secure facility, pursuant to a detention order or warrant, upon a finding by the judge, intake officer, or magistrate. This is to clarify that a juvenile may be detained for violation of such conditions.
Patron: Marsden
Supervision of juvenile or person during commitment and on parole. Requires the court services unit to consult with the local department of social services 60 days prior to a person's release from the Department of Juvenile Justice's commitment on parole supervision about the return of the person to the locality and the placement of the person. Under current law, the court services unit shall make such consultation four weeks prior to such person's release.
Patron: Marsden
Training standards for law-enforcement using tracking devices during pursuits. Requires the Department of Criminal Justice Services to establish training standards and publish a model policy for law-enforcement personnel for use of an electronic or mechanical tracking device in law-enforcement vehicle pursuits.
Patron: Marsden
Pretrial deposition of a witness in a criminal trial. Creates a mechanism for the taking of a pretrial deposition of a witness in a criminal trial who has been shown to the satisfaction of the court to be likely to be unavailable for trial because of sickness or impending death.
Patron: Obenshain
Illegal gambling; definitions. Amends the definition of "illegal gambling" to clarify that the purchase of a product or other thing of value (e.g., phone card, Internet time), which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win money, is deemed consideration for the purposes of illegal gambling. The bill also clarifies that the conduct of a game, contest, lottery, scheme, or promotional offering may be lawful if (i) no part of the purpose of the contest is illegal gambling, (ii) no part of the contest involves the use of a gambling device, and (iii) the contest complies with certain requirements enumerated in the bill. The bill provides that it is declaratory of existing law.
Patron: Obenshain
DNA data bank. Modifies the entities to which the Department of Forensic Science may release information from the DNA data bank and adds that information may be released to further a prosecution, not just an investigation as under current law.
Patron: Obenshain
Communications intercepts by the Attorney General. Broadens the jurisdictional scope of a court issuing an order for a communications intercept sought by the Attorney General so that the order may be issued by the court in the jurisdiction where the crime occurs or where the intercept occurs. The bill also extends the timeline for submission of reports to the federal government regarding such intercepts, to accommodate intercepts not fully concluded by the end of the calendar year.
Patron: Obenshain
Address Confidentiality Program. Expands the Address Confidentiality Program for victims of domestic violence to all jurisdictions within the Commonwealth. The bill also provides that the Office of the Attorney General will prepare an evaluation of the statewide implementation of the program by December 31, 2011, and repeals the enactment clause that conditioned the continuation of the program upon an appropriation for that purpose.
Patron: Obenshain
Criminal law; redefinition of the triggerman rule; penalty. Redefines the "triggerman rule," by expanding the principals in the second degree and accessories before the fact who can be charged with capital murder. This bill allows a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree in cases of the willful, deliberate, and premeditated killing of any person in the commission of rape, etc. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing in such a case. The bill also removes the provision that a principal in the second degree or an accessory before the fact in a capital murder in the commission of an act of terrorism must have acted pursuant to the direction or order of a person engaged in an act of terrorism.
Current law provides that principals in the second degree and accessories before the fact can be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism (if done pursuant to the direction or order of one who is engaged in terrorism) and that in all other cases of capital murder only the actual perpetrator is eligible for the death penalty and accessories and principals in the second degree can be punished only as if guilty of first degree murder.
Patron: Newman
Sex offenders on school property; penalty. Changes "and" to "or" in two places to avoid an interpretation that a sex offender is prohibited from being on school property during school-related or school-sponsored activities only if they occur during school hours.
Patron: McEachin
Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. The bill also makes it a Class 2 misdemeanor for a person to carry a loaded firearm onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consume an alcoholic beverage while on the premises.
Patron: Martin
Making, drawing, uttering, or delivering a bad check; penalty. Provides that any person making, drawing, uttering, or delivering any check, draft, or order in payment of rent pursuant to a lease agreement under Chapter 13 (Landlord and Tenant) or Chapter 13.2 (Virginia Residential Landlord and Tenant Act) of Title 55 with intent to defraud is guilty of a Class 1 misdemeanor if the amount is less than $200, and a Class 6 felony if the amount is $200 or more.