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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
Chairman: Thomas K. Norment, Jr.
Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 30, 2012
Time and Place: 8:00 AM -- Senate Room B
Patron: Stuart
Castle doctrine; self-defense and defense of others. Codifies a version of the "castle doctrine," allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person in the dwelling, without civil liability.
Patron: Stuart
Rape by coercion. Provides that any person who has sexual intercourse with a complaining witness, accomplished against the complaining witness's will by coercion, is guilty of rape. Currently such an offense must be accomplished by force, threat, or intimidation.
Patron: Stuart
Welfare and other entitlement fraud; penalties. Requires a 180-day mandatory minimum sentence for misdemeanor entitlement fraud, a one year mandatory minimum sentence for felony entitlement fraud, a repayment of three times the benefits received, and a lifetime bar on receipt of entitlement. The entitlements covered by the bill are housing assistance programs, medical assistance, food stamps, energy assistance, and any other program designated under regulations of the State Board of Social Services, State Board of Health, or Board of Medical Assistance Services.
Patron: Stanley
Castle doctrine. Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person who is lawfully in the dwelling, without civil liability.
Patron: Stanley
False report of injury of child; failure to report missing child. Provides that any parent, guardian, or other person responsible for the care of a child under the age of 12 years who (i) falsely reports to law-enforcement the circumstances of an accident or other occurrence that results in serious injury to the life or health of such child or (ii) fails to report the child is missing within 12 hours of discovery is guilty of a Class 6 felony.
Patron: Stanley
Concealed handgun permit applications; fingerprints. Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.
Patron: Howell
Civil commitment of sexually violent predators. Removes current language citing the Static-99 and score of "5" as the factor that determines whether violent sex offenders who are being released from prison must be referred for further review for possible civil commitment as a sexually violent predator. In its place, the bill directs the Commissioner of the Department of Behavioral Health and Developmental Services to prescribe a process for the Department of Corrections to use to identify offenders who warrant further assessment as a possible sexually violent predator. The Departments must report biennially to the General Assembly on the process being used. This bill is derived from the Joint Legislative Audit and Review Commission staff report entitled Review of the Civil Commitment of Sexually Violent Predators released at the November 2011 JLARC meeting.
Patron: Edwards
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.
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 filming, videotaping, or photographing a nonconsenting person in certain situations where there is an expectation of privacy.
Patron: Howell
Sanctions with Unified Rapid Enforcement (SURE) probation program created. Creates a specialized probation program available to offenders who are on probation pursuant to a suspended sentence and have not been convicted of a violent felony. The program provides for immediate arrest of a probation violator whose violation is not another crime. He would then be subject to a minimum of 5 to 10 days in jail, with the terms of confinement escalating for each subsequent offense. Upon a fourth violation the defendant would become ineligible for the SURE program. The program is to be initially administered by the Virginia Criminal Sentencing Commission as a pilot program in select jurisdictions for a period of two years.
Patron: Obenshain
Penalty for subsequent offenses of drug trafficking. Provides that any person convicted of a second offense of drug trafficking who has also been previously convicted of any violent felony offense set forth in subsection C of § 17.1-805 shall be fined not more than $500,000 and (i) if the maximum term of incarceration for such prior violent felony offense is 40 years or less, sentenced to an additional mandatory minimum term of incarceration of five years or (ii) if the maximum term of incarceration for such violent felony offense is greater than 40 years, sentenced to serve his term of incarceration consecutively with any other sentence of incarceration. The bill also increases the mandatory minimum term of incarceration for a third such offense from five to 10 years.
Patron: Stuart
Postrelease supervision of felons. Amends provisions regarding the imposition of an additional term of incarceration and postrelease supervision for certain felons who are sentenced to an active prison term. The bill clarifies that an additional term of incarceration is to be imposed and provides that if the court fails to impose the term, the length of the term is six months.
Patron: Stuart
Penalty for DUI manslaughter. Provides that the punishment for DUI manslaughter is to include a one-year mandatory term of confinement and raises the mandatory minimum term for aggravated DUI manslaughter from one to five years.
Patron: Stuart
Secure remote access fee. Exempts the Virginia Outdoors Foundation from having to pay the clerk of the circuit court a fee for remote access to land records. Currently, the Office of Attorney General, the Division of Debt Collection, the Department of Transportation, and the Department of Rail and Public Transportation are exempt from paying the fee.
Patron: Stuart
Interpreter appointed for non-English-speaking defendant. Provides that the cost for an interpreter for a non-English-speaking defendant shall be borne by the defendant if he is convicted of the criminal offense.
Patron: Herring
Financial exploitation of certain adults; penalty. Provides that it is larceny for a person to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, take control of or endeavor to control, the money, assets, property, or financial resources of an incapacitated adult or an adult over 60 years of age, and convert the property to his own use or benefit. If the person is in a fiduciary relationship the penalty is a Class 3 felony.
Patron: Obenshain
Certain circuit court fees; judgments. Provides that judgments for certain circuit court assessments and fees shall be entered in favor of the Commonwealth if not fully paid within 15 days of the date of sentencing. The bill also institutes a fee of $25 for recording an order to celebrate the rites of marriage by a non-minister and a convenience fee for paying court fees by credit or debit card.
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.
Patron: Blevins
Sexually violent predators; civil commitment. 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.
Patron: Carrico
Purchase of handguns; eliminate limitation on handgun purchases. Eliminates the prohibition on purchasing more than one handgun in a 30-day period.
Patron: Carrico
Limitation on administrative actions relating to Firearms Act. Establishes legislative preemption of any administrative action taken by an administrative body that has the direct or indirect effect of governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof, unless the administrative body has express statutory authority. Under the bill, any administrative action taken prior to July 1, 2012, having a direct or indirect effect of governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid. The bill also requires administrative bodies to take appropriate action to bring any contrary administrative action into compliance.
Patron: McDougle
Recruitment of persons for criminal street gang; penalty. Provides that any person who, by telephone or by any electronically transmitted communication producing a visual or electronic message, solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 5 felony.
Patron: Deeds
Hearings in the Supreme Court of Virginia; Judicial Inquiry and Review Commission. Clarifies that the hearings allowed under the Constitution related to complaints filed by the Judicial Inquiry and Review Commission are to be evidentiary hearings and that both the Commission and the judge are entitled to present evidence and argument during such hearings subject to any scheduling orders issued by the Court.
Patron: McEachin
Firearms transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.
Patron: Stanley
Juveniles; trial as adults. Allows prosecutors the discretion to have juveniles charged with violations of certain gang offenses and repeat violations of certain drug offenses to be transferred to the circuit court for trial as an adult. The bill also provides that juveniles charged with an offense defined as an act of violence, if previously adjudicated delinquent of an act of violence, are automatically transferred to the circuit court for trial as an adult.
Patron: Ruff
Criminal history record information checks; required forms. Provides that the form provided by the State Police to be completed upon the sale of a firearm shall contain only the questions specific to Virginia law. The bill also provides that a copy of the consent form required under federal law for the purposes of running a criminal history record information check upon the purchase of a firearm shall be sent to the State Police by the dealer.
Patron: Stuart
Financial exploitation of elderly or incapacitated 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 incapacitated 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. The bill allows forfeiture of personal property used in connection with the crime.
Patron: McDougle
Criminal history record information check; making false statements; penalty. Provides that any person who knowingly makes a materially false statement on criminal history background check forms required for the purchase and transfer of firearms is guilty of a Class 5 felony. Current law uses the phrase "willfully and intentionally" rather than "knowingly." The bill contains technical amendments.
Patron: Obenshain
Medical Fraud Control Unit; appointment of investigators. Authorizes the Attorney General to appoint unit investigators to investigate fraud, abuse, or neglect in the provision of care under the plan for medical assistance. Such investigators would be considered law-enforcement officers and would be sworn to enforce the laws of the Commonwealth through the investigation of medical fraud and abuse. Such investigators would also be authorized to carry a concealed handgun while in the discharge of their official duties.
Patron: Vogel
Financial exploitation of elderly or vulnerable adults; penalty. Provides that it unlawful 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. A violation is deemed larceny unless the violation is by a caregiver or person with a fiduciary relationship in which case it is a Class 3 felony. The bill also allows forfeiture of personal property used in connection with the crime.
Patron: Vogel
Permanent protective orders. Provides a circuit court jurisdiction to hear petitions to modify, dissolve, or extend a permanent protective order if the circuit court issued the order. The bill requires the court, when a protective order is issued, to enter and transfer identifying information to the Virginia Criminal Information Network (VCIN) system. Circuit court clerks who are not currently using the Statewide Case Management System are not required to make reports directly to VCIN until July 1, 2013.
Patron: Herring
Assault and battery of a family or household member by strangulation; penalty. Raises the penalty for assault and battery of a family or household member from a Class 1 misdemeanor to a Class 6 felony when the assault and battery is accomplished by strangling the victim. The bill also raises from a Class 6 to a Class 5 felony the penalty for assault and battery of a family or household member when the perpetrator has been convicted of certain prior offenses and commits the offense by strangulation. The bill also expands the list of prior offenses for which aggravated punishment is authorized to include unlawful wounding as well as malicious wounding.
Patron: Black
Immigration query at arrest or during detention. Provides that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee.
Patron: Garrett
Commitment of sexually violent predators; probable cause hearing; use of video and audio communication system. Provides that the hearing to determine whether probable cause exists to believe that a person is a sexually violent predator who should be civilly committed may be conducted by using a two-way electronic video and audio communication system.
Patron: Newman
Harassment by computer by prisoners; penalty. Makes it a Class 1 misdemeanor for a prisoner or a person acting on behalf of a prisoner to use a computer, computer network, or social networking site to harass, intimidate, or threaten a crime victim.
Patron: Saslaw
Motor vehicle fuels sales tax. Transfers the administration and collection of the motor vehicle fuels sales tax imposed in certain transportation districts from the Department of Taxation to the Department of Motor Vehicles, effective July 1, 2013.
Patron: Northam
Assault and battery a felony when certain classes of people are victimized; penalty. Expands the class of people for whom, when they are victims of an assault or assault and battery, the offense is punished as a Class 6 felony. The expanded class would include a person employed as a prison contractor as defined in § 53.1-261.
Patron: Northam
Property conveyance. Authorizes the Department of General Services, with the approval of the Governor and in a form approved by the Attorney General, to convey to the County of Accomack for the nominal consideration of $1, a parcel of land with improvements consisting of approximately 0.83 acres (Tax Map # 86A1-A-11) located in the Town of Accomac.
Patron: Favola
Transportation or possession of firearms; certain emergency protective orders; penalty. Creates a Class 1 misdemeanor for the transportation or possession of firearms within the residence of the alleged victim by persons subject to emergency protective orders issued as a result of an assault and battery against a family or household member.
Patron: Ruff
Concealed handgun permits; application procedures. Alters certain application procedures to obtain a concealed handgun permit, including allowing for the submission of an initial application via U.S. mail. The bill also restricts the clerk and the circuit court from requesting or requiring any information from an applicant other than that which is allowed on the concealed handgun permit application.
Patron: Edwards
Courts not of record; circuit court hearing; termination of juvenile court jurisdiction; objections and appeals. Provides, in certain violent felony cases, for a juvenile's right to appeal to the circuit court the attorney for the Commonwealth's decision to certify that the juvenile's case be transferred to the circuit court for trial as an adult. If the juvenile appeals the decision to transfer, the circuit court will conduct a hearing on the merits, using factors currently used by the juvenile and domestic relations district court for transfer decisions.
Patron: Northam
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.
Patron: Black
Transfer of rifles and shotguns.
Patron: Petersen
Crimes; urinating in public. Creates the crime of urinating in public, punishable as a Class 4 misdemeanor.
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 on or about his person 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 creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person 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. The bill contains technical amendments.
Patron: McEachin
Compensation for wrongful incarceration. Eliminates 20-year maximum for calculating compensation for wrongful incarceration and allows those wrongfully incarcerated to be compensated for each year of incarceration.
Patron: Garrett
Felony punishment for subsequent misdemeanor sex offense; penalty. Provides that when a person is convicted of a specified misdemeanor sex offense and it is alleged in the warrant that he was convicted of two or more substantially similar offenses under the laws of another state or territory of the United States, the District of Columbia, or the United States within the previous 10 years, he is guilty of a Class 6 felony. Currently, the prior convictions are limited to convictions under Virginia law.
Patron: Garrett
Concealed handgun permits; fingerprint submission upon application. Removes the provision allowing localities to require a person to submit to fingerprinting upon application for a concealed handgun permit.