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2012 SESSION

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House Committee on Courts of Justice
Subcommittee #1 Criminal

Bell, Robert B. (Chairman), Albo, Cline, Gilbert, Miller, Villanueva, Morris, Watts, Herring

Date of Meeting: January 18, 2012
Time and Place: Wed., Jan 18, 2012, 1/2 hr. after adjournment, HR C

H.B. 14 Persons acting in defense of property; civil immunity provided for an occupant of dwelling, etc.

Patron: Habeeb

Immunity for persons acting in defense of property.  Provides civil immunity for an occupant of a dwelling who uses any degree of physical force while engaged in the defense of his dwelling when (i) the other person has unlawfully entered the dwelling and committed an overt act toward the occupant or another person in the dwelling and (ii) the occupant reasonably believes that he or another person in the dwelling is in imminent serious danger of bodily injury.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to immunity for persons acting in defense of property.

12100492D

H.B. 47 Persons acting in defense of property; civil immunity provided for an occupant of dwelling, etc.

Patron: Bell, Richard P.

Immunity for persons acting in defense of persons.  Provides civil immunity for an occupant of a dwelling who injures or kills another while engaged in the defense of his dwelling when (i) the other person has unlawfully entered the dwelling and committed an overt act toward the occupant or another person in the dwelling and (ii) the occupant reasonably believes that he or another person in the dwelling is in imminent danger of bodily injury.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to immunity for persons acting in defense of property.

12100533D

H.B. 48 Castle doctrine; self-defense and defense of others.

Patron: Bell, Richard P.

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.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self-defense and defense of others.

12100520D

H.B. 51 Deferred disposition; trial court shall announce judgment within 72 hours of guilt phase of trial.

Patron: Albo

Deferred disposition in a criminal case.  Provides that except as otherwise provided in law, a trial court presiding in a criminal case shall, unless all parties agree to a waiver of the requirement, announce a judgment of, or enter an order of, conviction or acquittal within 72 hours of the conclusion of the guilt phase of the trial. The bill also provides that if circumstances requiring delay exist, the court may, upon notice to the parties, delay announcement of the verdict or entry of the order for 21 additional days.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-298.02, relating to court authority to defer and dismiss a criminal case.

12100392D

H.B. 174 Bail bondsmen; requirements for property bail bondsmen, suspension of license.

Patron: Knight

Bail bondsmen; requirements for property bail bondsmen; suspension of license.  Provides that a property bail bondsman or his company must own the real estate that serves as the collateral on his bonds. The bill also provides that a property bail bondsman shall not enter into a bond if the penalty of such bond and all other outstanding bonds for which he is liable exceeds the true market value of the equity in the real estate. Current law provides that such penalty for which the property bail bondsman is liable cannot exceed four times the true market value of the equity in the real estate. The bill further provides that a property bail bondsman's license shall be suspended if he has not paid any forfeiture of bond within 60 days after notice of a final court order.

A BILL to amend and reenact §§ 9.1-185.5 and 9.1-185.8 of the Code of Virginia, relating to bail bondsmen; requirements for property bail bondsmen; suspension of license.

12103147D

H.B. 260 Health care providers; prohibited acts.

Patron: Cole

Regulation of health care providers; prohibited acts. Provides that any person who is licensed, registered, certified, or otherwise subject to the oversight of a health regulatory board who knowingly or intentionally makes any false statement or includes any false information in a patient's medical record shall be guilty of a Class 1 misdemeanor, and that any individual who knowingly or intentionally makes a false statement or provides false information related to the subject of an investigation to investigative personnel of the Department of Health Professions engaged in the investigation of a complaint shall be guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding sections numbered 54.1-2403.4 and 54.1-2506.02, relating to regulation of health care providers; prohibited acts.

12100242D

H.B. 287 Gang-free zones; expansion of zone areas.

Patron: Iaquinto

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.

A BILL to amend and reenact § 18.2-46.3:3 of the Code of Virginia, relating to enhanced punishment for gang activity taking place in a gang-free zone; penalties.

12102419D

Impact Statements

H.B. 436 Juveniles; certain persons imprisoned for life eligible for parole.

Patron: Tata

Certain juveniles imprisoned for life eligible for parole.  Provides that any person sentenced to a term of life imprisonment upon conviction of a felony offense other than an offense set forth in Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2 (homicide offenses) who was a juvenile at the time of the commission of the offense is eligible for parole. This bill is in response to the U.S. Supreme Court decision in Graham v. Florida, 560 U.S. ___, 130 S. Ct. 2011, 2034 (2010), in which the Court held that, pursuant to the 8th Amendment prohibition on cruel and unusual punishment, "[t]he Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide."

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole eligibility for certain offenders convicted of felony offenses committed while juveniles.

12100033D

H.B. 563 Drug treatment court; authorized in City of Danville.

Patron: Marshall, D.W.

Drug treatment courts.  Authorizes the establishment of a drug treatment court in the City of Danville.

A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to drug treatment court for the City of Danville.

12100543D

H.B. 589 Repo men; traffic laws applicable.

Patron: Merricks

Repo men; traffic laws applicable.  Provides that the lienholder, or its agents or employees, are not authorized to violate any statute relating to the regulation of traffic or any local ordinance while engaged in the bona fide repossession of a vehicle, aircraft, boat, or vessel.

A BILL to amend and reenact § 18.2-148 of the Code of Virginia, relating to repo men; traffic laws applicable.

12100172D

H.B. 607 Unlawful filming of another; penalty.

Patron: LeMunyon

Unlawful filming of another; penalty.  Provides that the punishment for videotaping, photographing, or filming a nude or undergarment-clad nonconsenting person who is 18 years of age or older under circumstances where the person would have a reasonable expectation of privacy shall include a mandatory minimum term of confinement of 30 days.

A BILL to amend and reenact § 18.2-386.1 of the Code of Virginia, relating to unlawful filming of another; penalty.

12100067D

Impact Statements

H.B. 608 Unlawful filming of another; creates civil cause of action for victims.

Patron: LeMunyon

Victims of unlawful filming; civil action.  Creates a civil cause of action for victims of unlawful filming, videotaping, or photographing for which a victim may be awarded $150,000 per offense or actual damages sustained, whichever is greater, together with the costs of litigation and reasonable attorney fees.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-386.2, relating to victims of unlawful filming; civil relief.

12100125D

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

H.B. 673 Protective orders; Allows general distict court to transfer case to appropriate court.

Patron: Surovell

Protective order; transfer of venue.  Allows a general district court to transfer a case where a party is seeking a protective order to the appropriate juvenile and domestic relations district court or circuit court if either of the parties is a party to a substantially related action already pending in either such court.

A BILL to amend and reenact §§ 16.1-241 and 19.2-152.10 of the Code of Virginia, relating to protective orders; transfer of venue.

12100814D

H.B. 674 Protective orders; minor may petition on his own behalf without consent of parent or guardian.

Patron: Surovell

Protective orders; minors; jurisdiction.  Provides that a minor may petition for a protective order on his own behalf without the consent of a parent or guardian. The bill also provides that protective orders sought against individuals who are not family or household members of the person seeking the order may be brought in juvenile and domestic relations district court where the person seeking the order or the respondent is a juvenile.

A BILL to amend and reenact § 16.1-241 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-279.2, relating to protective orders; minors; jurisdiction.

12100813D

H.B. 675 Grand larceny; increases threshold amount from $200 to $500.

Patron: Surovell

Grand larceny; threshold amount. Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny. The same threshold is increased for certain property crimes.

A BILL to amend and reenact §§ 18.2-23, 18.2-95, 18.2-96, 18.2-96.1, 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia, relating to grand larceny and certain property crimes; threshold amount.

12103294D

H.B. 707 Funeral protests; penalty.

Patron: Filler-Corn

Funeral protests; penalty. Makes it unlawful for a person to disrupt a funeral or memorial service during the 60 minutes immediately preceding through the time immediately following such service with the intent to disrupt the service. A violation of this provision is a Class 2 misdemeanor for the first offense and a Class 1 misdemeanor for a subsequent offense.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-415.1, relating to disruption of a funeral or memorial service; penalty.

12103838D

H.B. 724 False advertising; real estate brokers and salespersons exemption.

Patron: Yancey

False advertising; liability of real estate brokers and salespersons; exemption.  Exempts a licensed real estate broker or salesperson from criminal and civil liability for making an advertisement that contains any promise, assertion, representation, or statement of fact which is untrue, deceptive, or misleading if the information was (i) provided to such broker or salesperson by his client; (ii) obtained from a governmental entity; (iii) obtained from a nongovernmental person or entity that obtained the information from a governmental entity; or (iv) obtained from a person licensed, certified, or registered to provide professional services in the Commonwealth, upon which such broker or salesperson relies, and such broker or salesperson did not (a) have actual knowledge that the information was false or (b) act in reckless disregard of the truth.

A BILL to amend and reenact §§ 18.2-216 and 59.1-68.3 of the Code of Virginia, relating to false advertising; liability of real estate brokers and salespersons; exemption.

12102297D

H.B. 747 Juvenile delinquency records; destruction of court records for underage possession of alcohol.

Patron: Cline

Destruction of juvenile delinquency records; underage possession of alcohol.  Provides that the juvenile court records of a juvenile found delinquent for underage possession of alcohol shall be destroyed no sooner than his 21st birthday.

A BILL to amend and reenact § 16.1-306 of the Code of Virginia, relating to destruction of juvenile court delinquency records of a juvenile found guilty of underage possession of alcohol.

12102744D

H.B. 748 Expungement of cases; ineligibility for those deferred and dismissed.

Patron: Cline

Expungement ineligibility.  Clarifies that a criminal case that is dismissed following the satisfaction of terms and conditions of a deferred judgment is not eligible for expungement. Currently, a case that is "otherwise dismissed" or wherein a nolle prosequi is taken or the defendant is acquitted is eligible for expungement.

A BILL to amend and reenact §§ 16.1-306 and 19.2-392.2 of the Code of Virginia, relating to ineligibility for expungement of cases that are deferred and dismissed.

12102737D

H.B. 750 Inherent authority to defer and dismiss a criminal case.

Patron: Cline

Inherent authority to defer and dismiss a criminal case.  Provides that no court shall have the authority, upon a plea of guilty or nolo contendere or after a plea of not guilty, when the facts found by the court would justify a finding of guilt, to defer proceedings or to defer entry of a final order of guilt or to dismiss the case upon completion of terms and conditions except as provided by statute. The bill also provides that in no case shall the court defer entry of a final order of guilt for more than 60 days following conclusion of all of the evidence. This bill responds to the January 13, 2011, Supreme Court of Virginia decision in Hernandez v. Commonwealth, 281 Va. 222, 707 S.E.2d 273 (2011).

A BILL to amend the Code of Virginia by adding a section numbered 19.2-298.02, relating to inherent authority to defer and dismiss a criminal case.

12100320D

H.B. 753 Juvenile offenses; State attorney to file motion with court of offenses requiring registration.

Patron: Cline

Juvenile offenses requiring registration; motions by the attorney for the Commonwealth.  Permits the attorney for the Commonwealth to file a motion with the court at any time considering juveniles who have been adjudicated delinquent of any offense requiring registration. Currently, the law does not specifically address any time frame during which the attorney for the Commonwealth may file the required motion.

A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to juvenile offenses requiring registration; motions by the attorney for the Commonwealth.

12102732D

H.B. 770 Protective orders against law-enforcement officers.

Patron: Landes

Protective orders against law-enforcement officers.  Provides that an emergency protective order may only be issued against a law-enforcement officer for any action arising out of the performance of his duties if an investigation is conducted by an appropriate law-enforcement agency and just cause is found for the issuance of the order. The section does not apply to protective orders issued to protect a child, based on family abuse or issued in connection with a pending domestic relations case.

A BILL to amend and reenact § 19.2-152.8 of the Code of Virginia, relating to protective orders against law-enforcement officers.

12103205D

H.B. 793 Drug treatment court; authorized in County of Montgomery.

Patron: Rush

Drug treatment court. Authorizes a drug treatment court in the County of Montgomery.

A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to drug treatment court; County of Montgomery.

12102647D

H.B. 849 Juveniles; court to conduct review hearing in secure facility via two-way electronic video.

Patron: Johnson

Juveniles held in secure local facility; conduct of hearing.  Authorizes the court to conduct the mandatory review hearing for a juvenile held in a secure local facility via the use of two-way electronic video and audio communication. Such hearing shall otherwise be conducted in the same manner as if the juvenile appeared in person.

A BILL to amend and reenact § 16.1-284.1 of the Code of Virginia, relating to juveniles held in secure local facility; conduct of hearing.

12103140D

H.B. 854 Drug treatment court; authorized in County of Montgomery.

Patron: Yost

Drug treatment court.  Authorizes a drug treatment court in the County of Montgomery.

A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to drug treatment court; County of Montgomery.

12102055D

H.B. 915 Habeas corpus; oral argument on motion.

Patron: Minchew

Habeas corpus; oral argument on the motion.  Provides that in habeas corpus actions, oral argument on any motion shall be heard only at the request of the court. The court shall rule on the record whenever possible.

A BILL to amend and reenact § 8.01-654 of the Code of Virginia, relating to writ of habeas corpus; oral argument.

12102926D

H.B. 916 Prisoners; harassment by computer, penalty.

Patron: Minchew

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.

A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to harassment by computer by prisoners; penalty.

12102373D

H.B. 924 Larceny; conspiracy to commit, penalty.

Patron: Lingamfelter

Conspiracy to commit larceny.  Provides that if any person shall conspire, confederate, or combine with another or others in the Commonwealth to commit larceny or counsel, assist, aid, or abet another in the performance of a larceny, where the aggregate value of the goods or merchandise involved is less than $200, he is guilty of a Class 1 misdemeanor. Currently, such a conspiracy, etc., is punishable only as a felony (one to 20 years imprisonment) and only when the aggregate value of the goods or merchandise involved is more than $200.

A BILL to amend and reenact § 18.2-23 of the Code of Virginia, relating to conspiracy to commit larceny; penalty.

12100080D

H.B. 925 Castle doctrine; codifies version allowing use of deadly force against an intruder in dwelling.

Patron: Lingamfelter

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.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self-defense and defense of others.

12100106D

H.B. 948 Criminal Injuries Compensation Fund; crimes included.

Patron: Bell, Robert B.

Criminal Injuries Compensation Fund; crimes included. Expands the category of crime victims entitled to receive compensation from the Fund to include injured victims of felony vehicular hit and run. Under current law, injuries resulting from the operation of a motor vehicle are not covered unless they were intentionally inflicted or resulted from a violation of DUI or DUI maiming.

A BILL to amend and reenact § 19.2-368.2 of the Code of Virginia, relating to Criminal Injuries Compensation Fund; hit and run.

12102363D

H.B. 950 Costs for certain transcripts paid by the court.

Patron: Bell, Robert B.

Costs for certain transcripts paid by the court.  Provides that in all felony cases in which a transcript of any related prior proceedings, including but not limited to a mistrial or preliminary hearing, is provided to the defendant, a transcript shall also be made available contemporaneously to the Commonwealth. The cost of such transcript shall be included in any allowances made by the court out of the state treasury from the appropriation for criminal charges on the certificate of the court stating the nature of the service.

A BILL to amend and reenact § 19.2-165 of the Code of Virginia, relating to cost allowances for trial and hearing transcripts provided to the Commonwealth.

12101922D

H.B. 956 Immediate sanction probation.

Patron: Bell, Robert B.

Immediate sanction probation.  Continues immediate sanction probation programs adopted in 2010 and which were subject to sunset on July 1, 2012, and removes the two program limit (expands program to statewide application). The bill provides that as a condition of suspension of sentence pursuant to § 19.2-303, a defendant who was not convicted of a violent crime may be ordered to participate in an immediate sanction probation program. An offender arrested for a violation of the conditions of his probation would receive an expedited hearing before the court. An affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony. The immediate sanction hearing is not authorized for new criminal offenses or absconding for more than seven days. Such an offender would serve no more than 30 days in jail for a probation offense.

A BILL to amend and reenact § 19.2-303.5 of the Code of Virginia, relating to statewide application of immediate sanction probation programs.

12102287D

H.J.R. 122 Study; parole; report.

Patron: Sickles

Study; parole; report.  Establishes a joint subcommittee to study reinstituting parole in the Commonwealth.

Establishing a joint subcommittee to study reinstituting parole in the Commonwealth. Report.

12102437D