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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.
2013 SESSION
Chairman: Thomas K. Norment, Jr.
Clerk: Hobie Lehman, Tyler Trumbo
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 23, 2013
Time and Place: 1/2 Hour after adjournment / SR B
Patron: Black
Expungement of certain misdemeanors. Allows a person convicted of certain misdemeanors who has successfully completed all terms of probation to file a petition for expungement 10 years after the conviction if he has never been convicted of any other offense. DUI, child abuse or neglect, domestic violence, sex offenses, and crimes that caused serious bodily injury do not qualify for expungement. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction aggravates punishment.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of criminal records.13100191D
Patron: Stanley
Failure to report missing child; penalty.
13100296D
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
Patron: Alexander
Petitions for writs of actual innocence; joint motion for writ of actual innocence. Provides that the attorney for the Commonwealth of the jurisdiction wherein a person was convicted of a felony may join in a petition for a biological or nonbiological writ of actual innocence. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto with the circuit court that entered the felony conviction and move the court for a hearing to consider release of the person on bail pending a ruling by the appellate court on the writ.
The bill also provides that petitions for writs of actual innocence in the case of either biological or nonbiological evidence may be brought for any felony and upon any plea. For both writs, the petitioner shall allege that the new evidence, had it been available at trial, would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner, as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." For the writ based on nonbiological evidence, the bill removes the limit that only one writ per conviction may be filed.
A BILL to amend and reenact §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-327.2:1 and 19.2-327.10:1, relating to the issuance of a writ of actual innocence; joint petition by convicted felon and attorney for the Commonwealth.13101178D
Patron: Garrett
Courts of record; land records; indigency determinations. Requires the Supreme Court to make available to the courts databases containing land records for use by the courts in indigency determinations.
A BILL to allow easy access to land records for use by the courts in indigency determinations.13101101D
Patron: Alexander
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction or adjudication was obtained by the commission of a material fraud upon the court or perjured testimony.
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 19.2 a section numbered 19.2-12, relating to vacation of criminal convictions upon occurrence of fraud upon the court.13101177D
Patron: Locke
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction or adjudication was obtained by the commission of a material fraud upon the court or perjured testimony.
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 19.2 a section numbered 19.2-12, relating to vacation of criminal convictions upon occurrence of fraud upon the court.13101271D
Patron: Carrico
Expungement of certain misdemeanors. Allows a person convicted of certain misdemeanors who has successfully completed all terms of probation to file a petition for expungement 10 years after the conviction if he has not been convicted of any other offense. DUI, child abuse or neglect, domestic violence, sex offenses, and crimes against persons do not qualify for expungement. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records.13100398D
Patron: Reeves
Asset forfeiture; task forces. Provides that property forfeited from drug cases, which under current law may be used to promote law enforcement, may be used to fund salary and benefits for non-sworn personnel who are members of a law-enforcement task force.
A BILL to amend and reenact § 19.2-386.14 of the Code of Virginia, relating to sharing of forfeited drug assets; law-enforcement task forces.13101812D
Patron: Garrett
Medical assistance fraud investigations; service of subpoenas. Authorizes the Attorney General or his authorized representative to serve subpoenas in medical assistance fraud cases.
A BILL to amend and reenact § 32.1-320 of the Code of Virginia, relating to duties of Attorney General; service of subpoenas in medical assistance fraud investigations.13101032D
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
Patron: Stanley
Identity theft; penalties. Reorganizes existing identify theft law and revises penalties. Under existing law, many penalties are based on the amount of financial loss or the number of persons whose identifying information was misused. The bill eliminates those criteria.
A BILL to amend and reenact §§ 2.2-511, 18.2-59, 18.2-152.5, 18.2-152.5:1, 18.2-186.3, 18.2-186.3:1, 18.2-186.4, 18.2-186.5, 19.2-8, 19.2-70.3, 19.2-349, 42.1-86.1, 53.1-127.5, and 58.1-4018.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-186.3:01, 18.2-186.3:02, and 18.2-186.3:03, relating to identity theft; penalties.13101634D
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
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
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
Patron: Newman
Sex offender registry; prior convictions. Requires that once a person's name is placed on the sex offender registry for a qualifying conviction or finding of not guilty by reason of insanity, the registry must list all prior known sex offense convictions that would require registration if the conviction occurred today. Under current law, convictions that occurred on or after July 1, 1994, and convictions for which the offender was incarcerated or on probation on or after July 1, 1994, are included on the registry. The bill will not add additional persons to the registry but will require pre-1994 conviction history for those who are already on the registry.
A BILL to amend and reenact § 9.1-913 of the Code of Virginia, relating to sex offender registry; previous convictions.13100743D
Patron: McDougle
Judicial conferences; meetings. Restricts meetings of the mandatory judicial conferences to no more than once every other year.
A BILL to amend and reenact §§ 16.1-220 and 17.1-708 of the Code of Virginia, relating to meetings of judicial conferences.13100275D
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
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
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
Patron: Norment
Incest; definitions of parent, etc.; penalty. Provides that for the purposes of the crime of incest parent includes step-parent, grandparent includes step-grandparent, child includes step-child, and grandchild includes step-grandchild.
A BILL to amend and reenact § 18.2-366 of the Code of Virginia, relating to incest; definition of parent, etc.; penalty.13103158D
Patron: McEachin
Destruction of controlled substances, etc.; Department of State Police. Requires law-enforcement reports on the destruction of seized controlled substances and other drugs and paraphernalia that under current law have to be submitted to the Board of Pharmacy to be submitted instead to the Department of State Police. The bill also requires the Department to maintain a listing of such submissions, make the list publicly available on the Department's website, and submit an annual report with such information to the General Assembly.
A BILL to amend and reenact § 19.2-386.23 of the Code of Virginia, relating to disposal of seized controlled substances, other drugs, and paraphernalia; duties of Department of State Police.13101990D
Patron: McDougle
Sex offenses prohibiting proximity to children; penalty. Adds "use of a communications system to facilitate certain offenses involving children" to the offenses that prohibit an adult convicted of such an offense from loitering within 100 feet of a place he knows or has reason to know is a school or day care center and from going, for the purpose of having contact with children who are not in his custody, within 100 feet of any place owned or operated by a locality that he knows or should know is a playground, athletic field or facility, or gymnasium.
A BILL to amend and reenact § 18.2-370.2 of the Code of Virginia, relating to sex offenses prohibiting proximity to children; communication systems; penalty.13102959D
Patron: Obenshain
Computer trespass; penalty. Provides that certain actions that constitute computer trespass, which under current law are Class 1 misdemeanors if done maliciously, are Class 1 misdemeanors if done unlawfully and Class 6 felonies if done maliciously.
A BILL to amend and reenact § 18.2-152.4 of the Code of Virginia, relating to computer trespass; penalty.13101033D
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
Patron: Vogel
State Medical Assistance Plan; investigatory powers of the Attorney General; allowable charge for services. Expands the authority of the Attorney General or his authorized representatives in auditing and investigating providers of services under the State Medical Assistance Plan by giving authority to compel the production of fingerprints, photographs, and handwriting exemplars by witnesses. The bill provides that a witness who refuses to testify or produce requested evidence may be held in contempt and incarcerated until he complies. Subpoenas are excepted from certain provisions related to health records privacy and notice provisions, and information developed during a civil investigation is privileged. The bill also requires the Department of Medical Assistance Services to require that the actual charge for certain services, equipment, and materials shall not exceed the lowest price charged by or paid to the provider by any individual or entity, with certain exceptions.
A BILL to amend and reenact §§ 32.1-320 and 32.1-325 of the Code of Virginia, relating to medical assistance services; duties of Attorney General; allowable charges.13102499D
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
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
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
Patron: Smith
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.13103788D
Patron: McEachin
Limitations on use of drone aircraft. Provides that no state agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police nor any department of law enforcement of any city, county or town, shall procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for use of such an aircraft. The bill also provides that it is not unlawful for any law-enforcement officer or other public official to operate a public unmanned aircraft system and disclose personal information from such operation if such officer reasonably determines that an emergency situation exists that involves immediate danger of death or serious physical injury to any person and the situation requires operation of a public unmanned aircraft system before a warrant authorizing such interception can, with due diligence, be obtained and there are grounds upon which such a warrant could be entered to authorize such operation. The bill also provides that it is not unlawful for a public institution of higher education to operate a public unmanned aircraft system solely for research or academic purposes. The bill also contains extensive procedural guarantees against release of personal information and contains reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-56.3, relating to regulation of public unmanned aircraft.
13103017D
Patron: Obenshain
Nondisclosure of concealed handgun permits; persons protected by certain protective orders. Prohibits the clerk of a circuit court who issued a concealed handgun permit from disclosing any information indicating the permit was issued, including all personal identifying information contained in the protected person's permit application, for a person who is protected by a protective order that is in full force and effect who has submitted a written request for the confidentiality of such information and a certified copy of the protective order to such clerk of court until the expiration date indicated on the protective order.
A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to nondisclosure of concealed handgun permits; persons protected by certain protective orders.13103858D
Patron: Vogel
Transfer of firearms; residency of armed forces members. Provides that residency for members of the armed forces for the purposes of firearms purchases in the Commonwealth shall include both the member's permanent duty post and the nearby state in which the member resides and from which he commutes to the permanent duty post.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to transfer of firearms; residency of armed forces members.13104285D