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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: February 1, 2012
Time and Place: 1/2 hour after adjournment; Senate Room B
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
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: 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: 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: 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: 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: 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: McDougle
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.
Patron: Deeds
Critical incident stress management teams; privileged information; penalty. Creates a Class 2 misdemeanor for a member of a critical incident stress management team to disclose any information communicated to him by certain public safety personnel who are the subjects of peer support services. The bill allows public safety personnel to waive the privilege.
Patron: Deeds
Judgments for motor vehicle accident damages. Provides that a judgment for motor vehicle accident damages is deemed satisfied when it is no longer enforceable. Current law provides that upon application of a judgment creditor the Commissioner of Motor Vehicles must suspend the driver's license, registration certificates, and license plates of a person who has failed for 30 days to satisfy a motor vehicle accident judgment until the judgment is satisfied.
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: 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: 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: 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: Watkins
Virginia Alcohol Safety Action Program moved to executive branch. Changes the Virginia Alcohol Safety Action Program from a legislative agency with its own legislatively appointed commission to an agency under the auspices of the Criminal Justice Services Board.
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: 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: Puller
Riding transportation district train with fraudulent ticket;penalty. Provides a $750 minimum fine for the second offense within one year of using a fraudulent or counterfeit ticket.
Patron: Norment
Service pistol of Trooper Kevin W. Humphries. Transfers the service pistol of Trooper Kevin W. Humphries to his widow, Kristen P. Humphries.