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2013 SESSION

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Senate Committee on Courts of Justice

Chairman: Thomas K. Norment, Jr.

Clerk: Hobie Lehman, Tyler Trumbo
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 21, 2013
Time and Place: 8:00 AM, Senate Room B
Updated to add SB 1001 and remove SB 1058

S.B. 706

Patron: Stuart

Financial exploitation of elderly or incapacitated adults; penalties. Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an incapacitated adult's money, assets, property, or financial resources with the intent to 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 in a position of trust, it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-178.1 and by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.35, relating to financial exploitation of incapacitated adults; penalties.

13100827D

S.B. 712

Patron: Stuart

Hoax explosive devices; penalty. Raises from a Class 6 felony to a Class 5 felony the construction, use, placement, sending, or causing to be sent any hoax explosive device so as to intentionally cause another person to believe that such device is a bomb or explosive.

A BILL to amend and reenact § 18.2-85 of the Code of Virginia, relating to manufacture, etc. of fire bomb, explosive materials, or hoax explosive devices; penalty.

13100904D

S.B. 738

Patron: Petersen

Indigent defense; appellate defender office. Creates an appellate defender office under the Virginia Indigent Defense Commission.

A BILL to amend and reenact § 19.2-163.01 of the Code of Virginia, relating to appellate defender office.

13100551D

S.B. 746

Patron: Stanley

Failure to report missing child; penalty. Provides that any parent, guardian, or other person responsible for the care of a child under the age of 12 who, with intent to conceal the fact that the child is missing, fails to report to law enforcement that the child is missing within a reasonable period of time after discovery of the fact is guilty of a Class 6 felony.

A BILL to amend and reenact § 18.2-371.1 of the Code of Virginia, relating to abuse and neglect of a child; penalty.

13100296D

S.B. 751

Patron: Stanley

Aggravated malicious wounding; penalty. Makes the aggravated malicious wounding of another without the specific intent to main, disfigure, disable, or kill a Class 6 felony.

A BILL to amend and reenact §§ 16.1-269.1 and 18.2-51.2 of the Code of Virginia, relating to aggravated malicious wounding; penalty.

13100649D

S.B. 763

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.

A BILL to amend and reenact §§ 18.2-386.1 and 19.2-249.2 of the Code of Virginia, relating to publication of images resulting from unlawful videotaping or photographing of another; venue; penalty.

13101720D

S.B. 795

Patron: Garrett

Forensic Toxicology Fund created. Creates the Forensic Toxicology Fund and provides that a convicted defendant who demanded the testimony of a forensic analyst rather than relying on the certificate of analysis is subject to an additional court cost of $50 payable to the Fund. The Fund will be used for expenses of the Department of Forensic Science related to analyzing controlled substances and breath alcohol tests.

A BILL to amend and reenact § 19.2-187.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 9.1 a section numbered 9.1-1108.1, relating to the Forensic Toxicology Fund; civil penalty.

13100720D

S.B. 801

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.

A BILL to amend and reenact § 18.2-67.5:1 of the Code of Virginia, relating to punishment for third misdemeanor sex offense; penalty.

13100931D

S.B. 811

Patron: Garrett

Filing fraudulent liens or encumbrances against a public employee; penalty. Provides that any person who knowingly files a fraudulent lien or encumbrance in a public record against the real or personal property of a state or local employee, member of the General Assembly, member of a local governing body, constitutional officer or employee of a constitutional officer, or board member or employee of a regional jail or jail farm on account of the performance of the official duties of such member, employee, or officer, knowing or having reason to know that such lien or encumbrance is false or contains a materially false or fraudulent statement or representation is guilty of a Class 5 felony.

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.2, relating to filing a fraudulent lien or encumbrance against a public employee; penalty.

13100964D

S.B. 832

Patron: Stuart

Mandatory minimum sentences to be served consecutively; penalty. Provides that for all crimes where a mandatory minimum sentence of imprisonment must be imposed on the guilty party, such sentence shall be served consecutively with any other sentence imposed on such party. Currently, the Code is inconsistent as some crimes that require a mandatory minimum sentence require that such sentences be served consecutively while others do not.

A BILL to amend and reenact §§ 18.2-12.1, 18.2-53.1, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.4, 46.2-391, and 53.1-203 of the Code of Virginia, relating to mandatory minimum sentences to be served consecutively; penalty.

13101494D

S.B. 853

Patron: Petersen

Assault and battery of magistrate; penalty. Elevates the  punishment for committing an assault and battery against a magistrate who is  engaged in the performance of his public duties from a Class 1 misdemeanor to a Class 6 felony, with a six-month mandatory minimum term of confinement.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of a magistrate; penalty.

13102891D

S.B. 928

Patron: Vogel

Mental health assessments for certain juveniles. Requires the juvenile and domestic relations court, when the attorney for the Commonwealth is seeking commitment of a juvenile, to order that an interdisciplinary team evaluate the service needs of a juvenile who has (i) been placed in a secure facility, (ii) had a mental health assessment completed by the secure facility that has identified a mental health need or mental illness, and (iii) been adjudicated delinquent and found eligible for commitment. A report of the evaluation must be filed with the clerk. The bill requires the court to consider the report when determining whether the juvenile will be committed to the Department of Juvenile Justice and to state in its order for commitment the basis for its findings.

A BILL to amend and reenact §§ 16.1-248.2, 16.1-273, 16.1-274, and 16.1-278.8 of the Code of Virginia, relating to mental health assessments for certain juveniles.

13101554D

S.B. 966

Patron: Ebbin

Assault and battery of magistrate; penalty. Elevates the punishment for committing an assault and battery against a magistrate who is engaged in the performance of his public duties from a Class 1 misdemeanor to a Class 6 felony, with a six-month mandatory minimum term of confinement.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of magistrate; penalty.

13101024D

S.B. 1001

Patron: Marsh

Transfer of firearms; criminal history records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.

A BILL to amend and reenact §§ 54.1-4200 and 54.1-4201.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.2:4 and 54.1-4201.2, relating to firearm sales; criminal history record information checks; penalties.

13103115D

S.B. 1015

Patron: Howell

Prostitution; solicitation of a minor. Provides that, in addition to the current Class 1 misdemeanor punishment for solicitation of prostitution generally, any person who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.

A BILL to amend and reenact § 18.2-346 of the Code of Virginia, relating to solicitation of a minor for prostitution; penalty.

13103293D

S.B. 1017

Patron: Howell

Tax-paid contraband cigarettes; penalties. Increases the penalty for possession with intent to distribute more than 25 but fewer than 500 cartons of tax-paid cigarettes by a person other than an authorized holder from a Class 2 to a Class 1 misdemeanor for a first offense and from a Class 1 misdemeanor to a Class 6 felony for a second or subsequent offense. The bill also imposes a Class 6 felony for possession, with intent to distribute, of 500 or more cartons of tax-paid cigarettes by a person other than an authorized holder and a Class 5 felony for a second or subsequent offense.

A BILL to amend and reenact § 58.1-1017.1 of the Code of Virginia, relating to possession with intent to distribute tax-paid, contraband cigarettes; penalties.

13102140D

S.B. 1018

Patron: Howell

Unstamped cigarettes; sale, transport, possession, etc.; penalties. Provides that it is a Class 6 felony to sell, purchase, transport, receive, or possess 500 or more packages of unstamped cigarettes and a Class 5 felony for a second offense; under current law, the threshold is 3,000 or more packages and there is no heightened penalty for a second offense. The bill also provides that it is a Class 1 misdemeanor to sell fewer than 500 packages of unstamped cigarettes; under current law the threshold is fewer than 3,000 packages and is a Class 2 misdemeanor.

A BILL to amend and reenact § 58.1-1017 of the Code of Virginia, relating to sale, purchase, possession, etc., of cigarettes for purpose of evading tax; penalties.

13102141D

S.B. 1019

Patron: Howell

Counterfeit cigarettes; penalties. Provides that any person who knowingly distributes or possesses with the intent to distribute counterfeit cigarettes where the amount is fewer than 10 cartons is guilty of a Class 1 misdemeanor for a first offense and a Class 6 felony for a second or subsequent offense. If the amount is 10 or more cartons, the offense is a Class 6 felony.

A BILL to amend and reenact §§ 18.2-246.13, 18.2-246.14, 18.2-246.15, and 19.2-245.01 of the Code of Virginia, relating to counterfeit cigarettes; penalties.

13102143D

S.B. 1020

Patron: Howell

RICO; contraband cigarettes; penalties. Adds possession with intent to distribute tax-paid contraband cigarettes as a qualifying offense under the Virginia Racketeer Influenced and Corrupt Organization Act.

A BILL to amend and reenact § 18.2-513 of the Code of Virginia, relating to the Virginia Racketeer Influenced and Corrupt Organization Act; contraband cigarettes; penalties.

13102137D

S.B. 1022

Patron: Howell

Forfeiture of cigarettes. Allows forfeiture of cigarettes possessed in violation of laws regarding the sale, purchase, transport, receipt, or possession of unstamped cigarettes and the possession with intent to distribute of certain amounts of tax-paid cigarettes if the violation is knowing and intentional.

A BILL to amend and reenact § 19.2-386.21 of the Code of Virginia, relating to forfeiture of contraband cigarettes.

13102139D

S.B. 1031

Patron: Reeves

Use of communications system to propose sex offenses involving a child. Provides that it shall be unlawful for any person 18 years of age or older to use a communications system, including computers, computer networks, bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, any person he knows or has reason to believe is a child younger than 15 years of age to knowingly and intentionally propose that any such child feel or fondle his own sexual or genital parts. Currently it is unlawful to, among other things, propose that the child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of the child.

A BILL to amend and reenact § 18.2-374.3 of the Code of Virginia, relating to use of communications systems to facilitate certain offenses involving children.

13101867D

S.B. 1032

Patron: Reeves

Sex Offender and Crimes Against Minors Registry Act; offenses requiring registration. Adds to the list of offenses that require a person to register on the Sex Offender Registry any similar offense under the common law or codified law in effect at the time of the person's offense to those offenses that already require registration.

A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to the Sex Offender and Crimes Against Minors Registry Act; offenses requiring registration.

13101614D

S.B. 1033

Patron: Reeves

Juvenile correctional centers; penalties. Imposes the same penalties for offenses committed by persons confined in a juvenile correctional center as currently exist for persons who commit such offenses in an adult facility. The bill provides that the punishment for committing an assault and battery against a person directly involved in the care, treatment, or supervision of persons in the custody or under the supervision of the Department of Corrections or Department of Juvenile Justice who is engaged in the performance of his public duties is a Class 6 felony, with a six-month mandatory minimum term of confinement. Under current law, this provision applies to employees of the Department of Corrections.

A BILL to amend and reenact §§ 18.2-48.1, 18.2-57, 18.2-431.1, 18.2-473.1, 18.2-474, 18.2-474.1, 18.2-475, 18.2-476, and 18.2-477.2 of the Code of Virginia, relating to offenses committed by persons committed to the Department of Juvenile Justice in juvenile correctional centers; penalties.

13103062D

S.B. 1063

Patron: Herring

Stalking; electronic means; penalty. Provides that conduct that can constitute stalking includes electronic transmissions that produce a visual or textual message.

A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking; use of electronic means; penalty.

13103470D

S.B. 1083

Patron: Herring

Synthetic cannabinoids; research chemicals; penalties. Amends provisions added to the Code in previous years regarding the criminalization of synthetic cannabinoids and chemicals known as "research chemicals" (previously referred to as "bath salts") to add newly identified chemical compounds and structural classes. In addition to adding new chemical compounds as synthetic cannabinoids, the bill adds newly identified structural classes of synthetic cannabinoids so that new chemical compounds that fit within the structural class will nevertheless be considered synthetic cannabinoids without the precise chemical compound having to be added to the Code.

A BILL to amend and reenact §§ 18.2-248.1:1 and 54.1-3446 of the Code of Virginia, relating to regulation of synthetic cannabinoids; research chemicals; penalties.

13103226D

S.B. 1103

Patron: McDougle

DUI; alcohol monitoring devices. Allows persons convicted of a first offense DUI to wear a transdermal alcohol monitoring device (generally a bracelet around the ankle) that continuously monitors the person's blood alcohol level. A person who wears the device must refrain from any alcohol consumption and can get a restricted driver's license for the required suspension period that does not limit his destinations.

A BILL to amend and reenact §§ 18.2-271.1 and 18.2-272 of the Code of Virginia, relating to restricted license for first offense DUI; alcohol monitoring device.

13103136D

S.B. 1113

Patron: McDougle

Filing fraudulent liens or encumbrances against a public employee; penalty. Provides that any person who knowingly files a fraudulent lien or encumbrance in a public record against the real or personal property of a state or local employee, member of the General Assembly, member of a local governing body, constitutional officer or employee of a constitutional officer, or board member or employee of a regional jail or jail farm on account of the performance of the official duties of such member, employee, or officer, knowing or having reason to know that such lien or encumbrance is false or contains a materially false or fraudulent statement or representation is guilty of a Class 5 felony.

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.2, relating to filing a fraudulent lien or encumbrance against a public employee; penalty.

13101735D

S.B. 1174

Patron: Obenshain

Electronic devices used to commit computer crimes. Prohibits use of an "electronic device" to commit numerous computer crimes. The bill defines electronic device.

A BILL to amend and reenact §§ 18.2-152.2, 18.2-152.3, 18.2-152.7, 18.2-152.7:1, and 18.2-152.8 of the Code of Virginia, relating to using an electronic device to commit computer crimes.

13101623D

S.B. 1182

Patron: Vogel

Crimes; assault and battery. Includes an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services within the enhanced penalty provision of the assault and battery section.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; certain employees of Department of Behavioral Health and Developmental Services; penalty.

13101368D

S.B. 1192

Patron: Hanger

The Department of State Police; reimbursement of expenses. Provides that the Department of State Police may recover the cost of all reasonable expenses for providing emergency response services from a person convicted of certain offenses involving motor vehicles. The bill limits the liability for such reasonable expenses to $1,000, which may include the Department's cost of accounting for such expenses, limited to a fee not to exceed $350.

A BILL to amend the Code of Virginia by adding a section numbered 52-5.1, relating to the Department of State Police; reimbursement of expenses.

13101624D

S.B. 1205

Patron: McDougle

Criminal street gang predicate offenses. Expands the class of criminal street gang offenses to include all felony crimes against property, all felony drug offenses, and all felony offenses involving prostitution. The class also specifically includes all homicide offenses, some but not all of which would be considered "acts of violence" under the current law.

A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to what constitutes criminal street gang predicate offenses.

13101636D

S.B. 1258

Patron: Herring

Financial exploitation of elderly or incapacitated adults; penalties. Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an incapacitated adult's money, assets, property, or financial resources with the intent to 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 in a position of trust, it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-178.1 and by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.35, relating to financial exploitation of incapacitated adults; penalties.

13103692D

S.B. 1272

Patron: Norment

Felony DUI; penalty. Provides that any person convicted of a felony DUI offense (including DUI manslaughter and DUI maiming, by motor vehicle or watercraft) is guilty of a Class 6 felony for any subsequent DUI conviction and subject to the same driver's license revocation provision as for a third or subsequent DUI conviction within 10 years, which means that the person can petition for reinstatement of his driver's license five years after the date of his last conviction.

A BILL to amend and reenact §§ 18.2-270, 18.2-271, and 46.2-391 of the Code of Virginia, relating to penalty for driving while intoxicated; subsequent offense; license revocation; penalty.

13103379D

S.B. 1299

Patron: Edwards

Criminal history record information checks; protective order registry; dissemination of information. Provides that certain criminal history record information and protective order registry information shall be made available to the Attorney General of the United States for the purposes of using the National Instant Criminal Background Check System to determine a person's eligibility to possess or receive a firearm under state or federal law.

A BILL to amend and reenact §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1 of the Code of Virginia, relating to criminal history record information checks; maintenance and dissemination of registry information.

13103814D