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2012 SESSION

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House Committee on Courts of Justice

Chairman: David B. Albo

Date of Meeting: February 10, 2012
Time and Place: Fri., Feb. 10, 2012, 1/2 hr. after adjournment, HR C
**HB 825 will be heard at Civil Sub & may be heard at full

H.B. 1 Unborn children; construing the word "person" under Virginia law to include.

Patron: Marshall, R.G.

Rights of unborn children.  Provides that unborn children at every stage of development enjoy all the rights, privileges, and immunities available to other persons, citizens, and residents of the Commonwealth, subject only to the laws and constitutions of Virginia and the United States, precedents of the United States Supreme Court, and provisions to the contrary in the statutes of the Commonwealth.

A BILL to construe the word "person" under Virginia law, including but not limited to § 8.01-50 of the Code of Virginia, to include unborn children.

12100423D

Last 5 actions:
11/21/11 House: Prefiled and ordered printed; offered 01/11/12 12100423D
11/21/11 House: Referred to Committee for Courts of Justice

H.B. 101 Rules of Evidence; adoption by Supreme Court of Virginia and approved by Code Commission, etc.

Patron: Loupassi

Rules of Evidence; adoption.  Provides that the Rules of Evidence (available here) that have been prepared and adopted by the Supreme Court of Virginia and approved by the Virginia Code Commission shall take effect on July 1, 2012. The bill also repeals current evidentiary provisions in the Code of Virginia that are included in the Rules of Evidence. This bill is a recommendation of the Virginia Code Commission.

A BILL to amend and reenact §§ 8.01-3, 8.01-390, 8.01-401, 8.01-407, 16.1-69.40, 18.2-268.3, 19.2-265.5, 26-17.9, 32.1-127.1:03, 55-43, 55-120, and 63.2-1509 of the Code of Virginia and to repeal §§ 8.01-375, 8.01-386, 8.01-388, and 8.01-391, Article 2.1 (§ 8.01-391.1) of Chapter 14 of Title 8.01, and §§ 8.01-397.1, 8.01-398, 8.01-400, 8.01-400.1, 8.01-400.2, 8.01-401.1, 8.01-401.3, 8.01-403, 8.01-404, 8.01-417.1, 8.01-418.1, 18.2-67.7, 19.2-184, 19.2-188.3, 19.2-265.1, 19.2-265.2, 19.2-268.1, 19.2-268.2, 19.2-271, 19.2-271.2, 19.2-271.3, 30-153, and 55-114 of the Code of Virginia, relating to the Rules of Evidence.

12100276D

Subcommittee: #6 Evidence

Last 5 actions:
12/29/11 House: Prefiled and ordered printed; offered 01/11/12 12100276D
12/29/11 House: Referred to Committee for Courts of Justice
01/24/12 House: Assigned Courts sub: #6 Evidence
02/08/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 284 District court; appeal of judgment in civil case to circuit court.

Patron: Iaquinto

Record on appeal from district court.  Provides that, upon the appeal of a district court judgment in a civil case to circuit court, only the original warrants or pleadings with the judgment endorsed thereon and all other pleadings filed in the case shall be transmitted to the circuit court. All other materials contained in the case file, including all other documents, exhibits, or papers, shall be retained by the district court. Currently, the district court transfers all materials to the circuit court in the event of an appeal.

A BILL to amend and reenact §§ 16.1-69.55 and 16.1-112 of the Code of Virginia, relating to record on appeal from district court.

12100199D

Impact Statements

Subcommittee: Civil

Last 5 actions:
01/10/12 House: Prefiled and ordered printed; offered 01/11/12 12100199D
01/10/12 House: Referred to Committee for Courts of Justice
01/13/12 House: Assigned Courts sub: Civil
01/30/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
01/31/12 House: Impact statement from DPB (HB284)

Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 348 Asset forfeitures; consolidates certain provisions and eliminates redundancies.

Patron: Miller

Asset forfeitures. Consolidates certain forfeiture provisions found in two chapters in Title 19.2 and found in Title 4.1 and eliminates redundancies. The bill changes forfeiture requirements with respect to firearms. The bill also provides that, unless otherwise provided by law, forfeitures are to be governed by Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.

A BILL to amend and reenact §§ 1-219.1, 2.2-3124, 3.2-4212, 3.2-5139, 4.1-336, 6.2-1003, 6.2-1085, 18.2-270, 18.2-340, 19.2-386.1, 19.2-386.2 through 19.2-386.5, 19.2-386.14, 19.2-386.16, 19.2-386.26, 19.2-386.29, 19.2-386.30, 19.2-386.31, 19.2-386.32, 22.1-142, 28.2-319, 28.2-407, 28.2-821, 28.2-900, 29.1-407, 29.1-521.2, 29.1-523.1, 29.1-524, 29.1-549, 30-126, 46.2-867, 46.2-1087, 46.2-1605, and 58.1-2274 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 19.2-386.2:1 and by adding in Chapter 22.2 of Title 19.2 sections numbered 19.2-386.33 and 19.2-386.34, and to repeal §§ 4.1-340 through 4.1-345 and 4.1-347 and Chapter 22 (§§ 19.2-369 through 19.2-386) of Title 19.2 of the Code of Virginia, relating to consolidation of asset forfeiture laws.

12103639D

Impact Statements

Subcommittee: #1 Criminal

Last 5 actions:
01/10/12 House: Referred to Committee on Militia, Police and Public Safety
01/27/12 House: Referred from Militia, Police and Public Safety
01/27/12 House: Referred to Committee for Courts of Justice
02/02/12 House: Assigned Courts sub: #1 Criminal
02/03/12 House: Impact statement from DPB (HB348)

H.B. 389 Criminal law; redefinition of triggerman rule, penalty.

Patron: Gilbert

Criminal law; redefinition of the triggerman rule.  Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, 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. 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.

A BILL to amend and reenact § 18.2-18 of the Code of Virginia, relating to redefinition of the "triggerman rule"; penalty.

12101763D

Impact Statements

Subcommittee: Criminal

Last 5 actions:
01/10/12 House: Referred to Committee for Courts of Justice
01/11/12 House: Impact statement from VCSC (HB389)
01/13/12 House: Assigned Courts sub: Criminal
01/30/12 House: Impact statement from DPB (HB389)
02/06/12 House: Subcommittee recommends reporting (7-Y 1-N)

Subcommittee recommends reporting (7-Y 1-N)

H.B. 462 Abortion; informed consent, shall undergo ultrasound imaging.

Patron: Byron

Abortion; informed consent.  Requires that, as a component of informed consent to an abortion, to determine gestation age, every pregnant female shall undergo ultrasound imaging and be given an opportunity to view the ultrasound image of her fetus prior to the abortion. The medical professional performing the ultrasound must obtain written certification from the woman that the opportunity was offered and whether the woman availed herself of the opportunity to see the ultrasound image or hear the fetal heartbeat. A copy of the ultrasound and the written certification shall be maintained in the woman's medical records at the facility where the abortion is to be performed.

A BILL to amend and reenact § 18.2-76 of the Code of Virginia, relating to ultrasound requirement as part of informed consent for abortion.

12102882D

Impact Statements

Subcommittee: Criminal

Last 5 actions:
01/10/12 House: Prefiled and ordered printed; offered 01/11/12 12102882D
01/10/12 House: Referred to Committee for Courts of Justice
01/13/12 House: Assigned Courts sub: Criminal
01/18/12 House: Impact statement from DPB (HB462)

H.B. 475 Involuntary commitment; alters criteria for ordering mandatory outpatient treatment.

Patron: Albo

Involuntary commitment; mandatory outpatient treatment.  Alters the criteria for ordering a person to mandatory outpatient treatment, replacing the requirements that the person has the capacity to understand and comply with the treatment, has expressed an interest in outpatient treatment, and has agreed to comply with the treatment with a requirement that the person, if left untreated, is reasonably likely to meet the criteria for involuntary commitment and whose mental illness has caused the person to refuse treatment on more than one previous occasion. The bill also eliminates the requirement that the treating physician determine that the person has the capacity to understand and comply with the treatment, has expressed an interest in outpatient treatment, and has agreed to comply with the treatment before discharging a person for a period of mandatory outpatient treatment following involuntary commitment. The bill also provides that the duration of mandatory outpatient treatment following involuntary commitment shall not exceed 90 days, unless the order is continued. The bill also eliminates the requirement that providers of mandatory outpatient treatment services must have actually agreed to deliver such services before mandatory outpatient treatment may be ordered. The bill also eliminates certain types of evidence that the judge or special justice was required to consider before ordering involuntary commitment. The bill also provides that mandatory outpatient treatment shall be provided in the least restrictive appropriate manner and that treatment with anti-psychotic medication does not include the use of force or restraint in administering such medication.

A BILL to amend and reenact § 37.2-817 of the Code of Virginia, relating to involuntary commitment; mandatory outpatient treatment.

12103374D

Impact Statements

Subcommittee: #5 Mental Health

Last 5 actions:
01/10/12 House: Prefiled and ordered printed; offered 01/11/12 12103374D
01/10/12 House: Referred to Committee for Courts of Justice
01/16/12 House: Assigned Courts sub: #5 Mental Health
02/06/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
02/08/12 House: Impact statement from DPB (HB475)

Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 476 Mandatory outpatient treatment hearing; determination of treatment prior to release from commitment.

Patron: Albo

Mandatory outpatient treatment hearing prior to release from commitment.  Provides that prior to the release of a person who has been involuntarily admitted or who has voluntarily admitted himself, a hearing shall be held, upon the motion of the treating physician, a family member or personal representative of the person, or the community services board, to determine whether such person should be ordered to mandatory outpatient treatment upon release if he has been involuntarily admitted or has voluntarily admitted himself on at least two previous occasions.

A BILL to amend and reenact §§ 37.2-805 and 37.2-817 of the Code of Virginia, relating to mandatory outpatient treatment hearing prior to release from commitment.

12103375D

Impact Statements

Subcommittee: #5 Mental Health

Last 5 actions:
01/10/12 House: Prefiled and ordered printed; offered 01/11/12 12103375D
01/10/12 House: Referred to Committee for Courts of Justice
01/16/12 House: Assigned Courts sub: #5 Mental Health
01/30/12 House: Impact statement from DPB (HB476)
02/06/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 479 Counterfeit and contraband cigarettes; penalties.

Patron: Albo

Counterfeit and contraband cigarettes; penalties.  Imposes criminal penalties for possessing and selling contraband and counterfeit cigarettes, establishes legal limits for possession of tax-paid cigarettes by parties outside the legitimate distribution chain, and establishes a limit on retail sales of tax-paid cigarettes. The bill revises the definition of counterfeit cigarettes and creates the Cigarette Enforcement Fund to receive civil penalties and aid the law-enforcement agencies that discover and investigate violations of excise tax requirements.

A BILL to amend and reenact §§ 18.2-246.13, 18.2-246.14, 18.2-246.15, 19.2-386.21, 58.1-1000, 58.1-1007, 58.1-1017, and 58.1-1037 of the Code of Virginia, relating to counterfeit and contraband cigarettes; penalties.

12101446D

Impact Statements

Subcommittee: #1 Criminal

Last 5 actions:
01/10/12 House: Referred to Committee for Courts of Justice
01/11/12 House: Impact statement from VCSC (HB479)
01/28/12 House: Impact statement from TAX (HB479)
01/31/12 House: Assigned Courts sub: #1 Criminal
02/08/12 House: Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

H.B. 630 Racketeering; amends provisions that allow for forfeiture of real or personal property.

Patron: Morris

Racketeering; forfeiture.  Amends provisions that allow for forfeiture of real or personal property used in substantial connection with racketeering offenses to provide that the interest or profits derived from the investment of the forfeited money may also be forfeited.

A BILL to amend and reenact § 18.2-515 of the Code of Virginia, relating to racketeering offenses; forfeiture.

12102930D

Subcommittee: Criminal

Last 5 actions:
01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12102930D
01/11/12 House: Referred to Committee for Courts of Justice
01/13/12 House: Assigned Courts sub: Criminal
02/08/12 House: Subcommittee recommends reporting (8-Y 0-N)

Subcommittee recommends reporting (8-Y 0-N)

H.B. 638 Judicial authorization of treatment; advance directives.

Patron: Stolle

Judicial authorization of treatment; advance directives.  Provides that a court authorizing medical treatment for an incapacitated person must do so in conformity with the terms of the person's advance directive. The bill also provides that a court can authorize such treatment for an incapacitated person, despite the existence of an advance directive, where the person authorized to make medical decisions under the advance directive for the incapacitated person refuses or is unable to act or cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder or a person subject to an order of involuntary admission.

A BILL to amend and reenact §§ 37.2-1101 and 37.2-1102 of the Code of Virginia, relating to judicial authorization of treatment; advance directives.

12103500D

Subcommittee: #5 Mental Health

Last 5 actions:
01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12103500D
01/11/12 House: Referred to Committee for Courts of Justice
01/16/12 House: Assigned Courts sub: #5 Mental Health
02/06/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 825 Application of foreign law; court decisions will be void as violation of public policy of State.

Patron: Marshall, R.G.

Application of foreign laws.  Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law.

A BILL to amend the Code of Virginia by adding in Title 8.01 a chapter numbered 17.4, consisting of a section numbered 8.01-465.26, relating to the application of foreign law in Virginia courts.

12102796D

Subcommittee: #2 Civil

Last 5 actions:
02/03/12 House: Reported from Courts of Justice (10-Y 6-N)
02/07/12 House: Read first time
02/08/12 House: Passed by for the day
02/09/12 House: Motion to rerefer to committee agreed to
02/09/12 House: Rereferred to Courts of Justice

Subcommittee recommends reporting (7-Y 1-N)

H.B. 958 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain.

Patron: Bell, Robert B.

Arresting officer to ascertain citizenship of arrestee.  Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States.

A BILL to amend and reenact §§ 19.2-80 and 19.2-82, relating to determination of citizenship of arrestee by arresting officer.

12102220D

Impact Statements

Subcommittee: #1 Criminal

Last 5 actions:
01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12102220D
01/11/12 House: Referred to Committee for Courts of Justice
01/16/12 House: Assigned Courts sub: #1 Criminal
01/31/12 House: Impact statement from DPB (HB958)
02/08/12 House: Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

H.B. 972 Involuntary commitment; criteria for commitment.

Patron: Bell, Robert B.

Criteria for involuntary commitment. Provides that when a court is to make a decision as to whether it should involuntarily commit a person for 30 days when less restrictive alternatives are inappropriate, it shall consider in addition to other relevant evidence, whether the person recently has been found by a court to be unrestorably incompetent to stand trial.

A BILL to amend and reenact § 37.2-817 of the Code of Virginia, relating to criteria for temporary involuntary commitment.

12102967D

Subcommittee: #5 Mental Health

Last 5 actions:
01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12102967D
01/11/12 House: Referred to Committee for Courts of Justice
01/24/12 House: Assigned Courts sub: #5 Mental Health
02/06/12 House: Subcommittee recommends reporting (5-Y 0-N)

Subcommittee recommends reporting (5-Y 0-N)

H.B. 975 Governmental utility corporation; acting as public service corporation or public service company.

Patron: Bell, Robert B.

Public service corporations and companies; governmental utility corporation.  Clarifies that a government utility corporation (a county or municipality, or entity or agency thereof, that provides or operates specified authorized utility services) shall be considered to be acting as a public service corporation or public service company with regard to the provision of such authorized utility services.

A BILL to amend and reenact § 1-219.1 of the Code of Virginia, relating to public service corporations and companies; government utility corporation.

12103428D

Subcommittee: #2 Civil

Last 5 actions:
01/11/12 House: Referred to Committee on Commerce and Labor
01/19/12 House: Referred from Commerce and Labor
01/19/12 House: Referred to Committee for Courts of Justice
01/23/12 House: Assigned Courts sub: #2 Civil
02/01/12 House: Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

H.B. 1001 Immigration laws; agreement with United States Immigration and Customs Enforcement.

Patron: Ramadan

Enforcement of immigration laws; agreement with United States Immigration and Customs Enforcement. Provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with United States Department of Homeland Security, Immigration and Customs Enforcement, as authorized under 8 U.S.C. § 1357(g), to permit the State Police to perform federal immigration law-enforcement functions in the Commonwealth after arrest of an alien.

A BILL to establish the responsibility of the Superintendent of State Police to enter into an agreement with U.S. Immigration and Customs Enforcement concerning the enforcement of immigration laws.

12103529D

Impact Statements

Subcommittee: #1 Criminal

Last 5 actions:
01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12103529D
01/11/12 House: Referred to Committee for Courts of Justice
01/23/12 House: Impact statement from DPB (HB1001)
01/31/12 House: Assigned Courts sub: #1 Criminal
02/08/12 House: Subcommittee recommends reporting (5-Y 2-N)

Subcommittee recommends reporting (5-Y 2-N)

H.B. 1060 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain.

Patron: Anderson

Arresting officer to ascertain citizenship of arrestee.  Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The bill further provides that when a warrantless arrest is made and the law-enforcement officer finds probable cause to believe that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. If the judicial officer concurs in the determination of the officer and finds probable cause to believe that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail.

A BILL to amend the Code of Virginia by adding in Chapter 7 of Title 19.2 a section numbered 19.2-83.3, relating to determination of citizenship of arrestee by arresting officer; admission to bail.

12102414D

Impact Statements

Subcommittee: #1 Criminal

Last 5 actions:
01/11/12 House: Prefiled and ordered printed; offered 01/11/12 12102414D
01/11/12 House: Referred to Committee for Courts of Justice
01/31/12 House: Impact statement from DPB (HB1060)
01/31/12 House: Assigned Courts sub: #1 Criminal
02/08/12 House: Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

Subcommittee recommends reporting with amendment(s) (6-Y 2-N)

H.B. 1152 Threat assessment teams; authorized to receive health and criminal history records of students.

Patron: Massie

Threat assessment teams; criminal history and juvenile records.  Authorizes threat assessment teams established by private nonprofit institutions of higher education to receive health and criminal history records of students for the purposes of assessment and intervention.

A BILL to amend and reenact §§ 19.2-389, 19.2-389.1, and 32.1-127.1:03 of the Code of Virginia, relating to records of threat assessment teams.

12104005D

Subcommittee: #5 Mental Health

Last 5 actions:
01/16/12 House: Presented and ordered printed 12104005D
01/16/12 House: Referred to Committee for Courts of Justice
01/26/12 House: Assigned Courts sub: #5 Mental Health
02/06/12 House: Subcommittee recommends reporting (5-Y 0-N)

Subcommittee recommends reporting (5-Y 0-N)

H.B. 1154 State Police, Department of; access to electronic evidence.

Patron: Poindexter

Department of State Police; access to electronic evidence.  Provides for access by the Department of State Police to certain electronic evidence, documentation, and related materials that may be physically located outside the Commonwealth but that may be accessed by insurance professionals conducting business within the Commonwealth.

A BILL to amend and reenact § 52-38 of the Code of Virginia, relating to the Department of State Police; access to electronic evidence, documentation, and related materials.

12103715D

Subcommittee: #1 Criminal

Last 5 actions:
02/06/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
02/07/12 House: Reported from Militia, Police and Public Safety (18-Y 0-N)
02/07/12 House: Referred to Committee for Courts of Justice
02/07/12 House: Assigned Courts sub: #1 Criminal
02/08/12 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)

Subcommittee recommends reporting with amendment(s) (8-Y 0-N)

H.B. 1160 Unlawful detention of U.S. citizens; prevents any agency, etc., from assisting in investigation.

Patron: Marshall, R.G.

Unlawful detention of United States citizens.  Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.

A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.

12103119D

Subcommittee: #2 Civil

Last 5 actions:
01/16/12 House: Presented and ordered printed 12103119D
01/16/12 House: Referred to Committee for Courts of Justice
01/23/12 House: Assigned Courts sub: #2 Civil
01/25/12 House: Subcommittee recommends reporting (6-Y 3-N)

Subcommittee recommends reporting (6-Y 3-N)

H.B. 1238 Forfeited drug assets; redirection of assets to construction of Public Safety Memorial.

Patron: Farrell

Redirection of forfeited drug assets to construction of Commonwealth Public Safety Memorial.  Provides that between July 1, 2012, and July 1, 2014, state and local agencies may direct cash funds and proceeds from forfeited drug assets to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Funding decisions shall be made following an internal analysis that determines contributions will not negatively impact law-enforcement training or operations.

A BILL to amend and reenact § 19.2-386.14 of the Code of Virginia, relating to disposition of forfeited drug assets.

12103912D

Subcommittee: #1 Criminal

Last 5 actions:
01/20/12 House: Presented and ordered printed 12103912D
01/20/12 House: Referred to Committee for Courts of Justice
01/24/12 House: Assigned Courts sub: #1 Criminal
02/08/12 House: Subcommittee recommends reporting (8-Y 0-N)

Subcommittee recommends reporting (8-Y 0-N)

H.B. 1265 Mechanics' lien' notice; claimant must send to property owner 60 days before filing.

Patron: Purkey

Mechanics' lien' notice. Provides that a mechanics' lien claimant must send to the property owner written notice of his intent to file a memorandum of lien and a copy of the memorandum at least 60 days before filing the memorandum with the clerk of the court. The clerk shall not accept or record any memorandum of lien that is filed prior to the expiration of the 60-day period or that is not accompanied by a copy of the notice sent to the property owner.

A BILL to amend and reenact § 43-4 of the Code of Virginia, relating to mechanics' liens; notice.

12104134D

Subcommittee: #2 Civil

Last 5 actions:
01/20/12 House: Presented and ordered printed 12104134D
01/20/12 House: Referred to Committee for Courts of Justice
01/24/12 House: Assigned Courts sub: #2 Civil
01/25/12 House: Subcommittee recommends reporting (7-Y 1-N)

Subcommittee recommends reporting (7-Y 1-N)

H.B. 1271 Sexually violent predators; mandatory minimum life sentence for certain sex crimes.

Patron: Jones

Punishment and civil commitment of sexually violent predators; penalty.  Imposes a mandatory minimum life sentence for the sexually violent offenses of rape, forcible sodomy, and object sexual penetration of a child under the age of 13. The bill also eliminates the use of the Static-99 assessment instrument for evaluating whether a prisoner convicted of a sexually violent offense or an unrestorably incompetent defendant charged with a sexually violent offense should be civilly committed. Instead, the Director of the Department of Corrections, in coordination with the Attorney General and the Department of Behavioral Health and Developmental Services, shall develop an assessment protocol to determine whether the prisoner or defendant meets the definition of a sexually violent predator. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General.

A BILL to amend and reenact §§ 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:3, 19.2-169.3, 19.2-303, 37.2-903, and 37.2-904 of the Code of Virginia, relating to punishment and assessment of certain sexually violent predators; penalty.

12104109D

Impact Statements

Subcommittee: #1 Criminal

Last 5 actions:
01/20/12 House: Presented and ordered printed 12104109D
01/20/12 House: Referred to Committee for Courts of Justice
01/23/12 House: Impact statement from VCSC (HB1271)
01/24/12 House: Assigned Courts sub: #1 Criminal
02/08/12 House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N)

Subcommittee recommends reporting with amendment(s) (7-Y 0-N)

H.B. 1280 Psychiatric hospital admissions; local inmates.

Patron: Stolle

Psychiatric hospital admissions; local inmates.  Amends the criteria for psychiatric inpatient admission for inmates at local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs. Under current law the standard is that the mentally ill inmate will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting or threatening harm.

A BILL to amend and reenact § 19.2-169.6 of the Code of Virginia, relating to inpatient psychiatric hospital admission from local correctional facility; criteria.

12104506D

Impact Statements

Subcommittee: #5 Mental Health

Last 5 actions:
01/20/12 House: Presented and ordered printed 12104506D
01/20/12 House: Referred to Committee for Courts of Justice
01/24/12 House: Assigned Courts sub: #5 Mental Health
02/06/12 House: Subcommittee recommends reporting (5-Y 0-N)
02/09/12 House: Impact statement from DPB (HB1280)

Subcommittee recommends reporting (5-Y 0-N)

H.B. 1284 Circuit court clerk; duties.

Patron: Cline

Clerks of court; certain duties of the circuit court clerk.  Clarifies when the clerk of the court may destroy case file papers, and also clarifies that a person seeking authorization to perform marriages must file a petition with the clerk and pay any applicable fees. The bill allows the clerk to require the filing of a separate instrument acknowledging a confessed judgment and relieves the clerk of all requirements to (i) maintain a list of volunteer firefighters and (ii) provide marriage license applicants with health information.

A BILL to amend and reenact §§ 8.01-391, 8.01-431, 15.2-1412, 17.1-213, 20-25, 27-42, and 32.1-69.1:1 of the Code of Virginia and to repeal §§ 17.1-209, 20-14.2, and 38.2-2411 of the Code of Virginia, relating to certain duties of the circuit court clerk.

12103891D

Subcommittee: #2 Civil

Last 5 actions:
01/20/12 House: Presented and ordered printed 12103891D
01/20/12 House: Referred to Committee for Courts of Justice
01/24/12 House: Assigned Courts sub: #2 Civil
01/30/12 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)

Subcommittee recommends reporting with amendment(s) (8-Y 0-N)