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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 28, 2013
Time and Place: 8 AM / Senate Room B
Patron: Petersen
Foreclosure; use of false records, documents, or statements. Provides that any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure shall be liable to the injured party. Upon proof of both a violation and damages, the injured party shall be entitled to appropriate equitable relief and compensatory damages. If compensatory damages are awarded, an injured party may also be awarded punitive damages. A person violating the provisions of this bill shall be liable for reasonable attorney fees and costs of a civil action.
A BILL to amend the Code of Virginia by adding a section numbered 55-59.5, relating to foreclosure; use of false record, document, or statement.13100542D
Patron: Edwards
Pre-death proof of wills and trusts. Allows a testator or settlor to petition the court during his lifetime to determine the validity of his will or revocable trust. The bill requires that notice of the proceeding be given to all interested persons and provides that the court order proving the will or revocable trust is binding after the testator's or settlor's death.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 64.2 a section numbered 64.2-109, relating to pre-death proof of wills and trusts.13101680D
Patron: Edwards
Fiduciary attorney-client privilege. Provides for the common law attorney-client privilege to be extended to fiduciaries when they are seeking advice from counsel. This bill specifies that only the person acting as a fiduciary is considered the client of the attorney for the purposes of this privilege.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 64.2 a section numbered 64.2-109, relating to fiduciary attorney-client privilege.13101681D
Patron: Garrett
Spousal privilege. Creates a statutory exception to the spousal privilege in criminal cases where the spouses conspired or acted jointly in the commission of the crime.
A BILL to amend and reenact § 19.2-271.2 of the Code of Virginia, relating to testimony of husband and wife in criminal cases; exception.13100721D
Patron: Marsden
Juvenile sentences. Provides a mechanism for persons who are sentenced to more than 25 years for a nonhomicide offense committed while a juvenile to petition the court for a modification of sentence at age 35 or after serving 20 years of the sentence, whichever occurs last.
A BILL to amend and reenact § 16.1-272 of the Code of Virginia, relating to juvenile offenders with certain sentences; proceeding for sentence modification.13100735D
Patron: Marsden
Juvenile offenders; sentence modification. Requires a sentencing hearing for persons convicted of a crime committed when a juvenile for which the only available punishment is a life sentence and provides that the punishment is a Class 2 felony (20 years to life). This bill is in response to Miller v. Alabama (567 U.S.___, 2012) where the United States Supreme Court held that the Eighth Amendment prohibits a sentencing scheme that requires life in prison without the possibility of parole for juvenile homicide offenders.
A BILL to amend and reenact § 16.1-272 of the Code of Virginia, relating to sentence modification for certain juvenile offenders.13100737D
Patron: Stuart
Fingerprints and photos of arrestees. Provides that a judicial officer may require as a condition of release on bail that the accused accompany the arresting officer to the jurisdiction's fingerprinting facility to have his photograph and fingerprints taken prior to his release. The bill also provides that the fingerprints and photograph may be taken wherever the magistrate is located, including at a regional jail, even though the accused is not admitted to jail.
A BILL to amend and reenact §§ 19.2-123 and 19.2-390 of the Code of Virginia, relating to release on bond; fingerprints and photographs of accused.13101496D
Patron: Stanley
Criminal procedure; contempt appeal. Allows a circuit judge to sit without a jury to hear an appeal from a summary contempt judgment of the district court.
A BILL to amend and reenact § 18.2-459 of the Code of Virginia, relating to summary contempt appeal.13102415D
Patron: Petersen
Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office.
A BILL to amend and reenact § 8.01-299 of the Code of Virginia, relating to substituted service of process on registered agent of corporation.13103266D
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: Reeves
Rights of parents. Provides that parents have a fundamental right to direct the upbringing, education, and care of their children and such right shall not be infringed by the government unless the governmental interest as applied to the parents is of the highest order and not otherwise served.
A BILL to amend the Code of Virginia by adding a section numbered 1-240.1, relating to rights of parents.13103252D
Patron: Obenshain
Multijurisdiction grand jury. Adds to the criminal violations that a multijurisdiction grand jury may investigate the following: crimes by mobs, malicious felonious assault and malicious bodily woundings, robbery, carjacking, felonious sexual assault, certain arsons, and RICO crimes.
A BILL to amend and reenact § 19.2-215.1 of the Code of Virginia, relating to multijurisdiction grand jury.13101632D
Patron: Ebbin
Lewd and lascivious cohabitation. Eliminates the crime of lewd and lascivious cohabitation.
A BILL to amend and reenact § 18.2-345 of the Code of Virginia, relating to lewd and lascivious cohabitation.13103511D
Patron: Northam
Smoking in vehicle with minor present. Provides that any person who smokes in a motor vehicle, whether in motion or at rest, when a minor under the age of 15 is in the motor vehicle is subject to a civil penalty of $100. The offense may be charged on a uniform traffic summons.
A BILL to amend the Code of Virginia by adding a section numbered 46.2-112.1, relating to smoking in motor vehicles; presence of minor under age 15; civil penalty.13102217D
Patron: Obenshain
Conveyance of land in G. Richard Thompson Wildlife Management Area to Warren County. Authorizes the Board of Game and Inland Fisheries to convey to Warren County two parcels of land located in the G. Richard Thompson Wildlife Management Area. The two parcels are located on Route 638 and measure 3.19 acres in total area.
A BILL to authorize the Board of Game and Inland Fisheries to convey certain lands in Warren County.13102593D
Patron: Reeves
Search and seizure of computer and contents. Provides that any search warrant issued for the search and seizure of a computer, computer network, or other device containing electronic or digital information shall be deemed to include the search and seizure of the physical components and the electronic or digital information contained in any such device or network. The bill also provides that the search of the contents of any such device or network may be done in any location and is not limited to the location where such device or network was seized.
A BILL to amend and reenact § 19.2-53 of the Code of Virginia, relating to seizure and search of computers and like devices.13101873D
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: Newman
Agreements for consolidation or cooperation of police departments; private police departments. Allows private police departments that have been designated as criminal justice agencies and are subject to the training and compliance requirements of the Department of Criminal Justice Services to be party to a consolidation or cooperation agreement with the police departments of any locality, any federal agency exercising police powers, the police of a state-supported institution of higher education, and the Division of Capitol Police.
A BILL to amend and reenact §§ 15.2-1724 and 15.2-1726 of the Code of Virginia, relating to agreements for consolidation or cooperation of police departments; private police departments.13102913D
Patron: Carrico
Conveyance of easements. Authorizes the conveyance of right-of-way easements between the Department of Forestry and the Ratcliffe Foundation. The easements will allow the Department better access to Channels State Forest and will allow the Foundation to access its other properties.
A BILL authorizing the exchange of easements between the Department of Forestry and the Ratcliffe Foundation.13101251D
Patron: McDougle
Appeal of bond decision. Provides that when a bail, bond, or recognizance decision is appealed, the court that made the decision may, for good cause shown, stay the execution of the order for so long as reasonably practicable for the party appealing the order to obtain an expedited hearing before the court to which such order was appealed.
A BILL to amend and reenact §§ 19.2-124 and 19.2-132 of the Code of Virginia, relating to appeal of bond decision; stays.13101092D
Patron: McDougle
Impersonating a law-enforcement officer. Provides that any person who falsely assumes or exercises the functions, powers, duties and privileges incident to the office of sheriff, police officer, marshal, or other local, city, county, state or federal law-enforcement officer, or who falsely assumes or pretends to be any such officer, is guilty of a Class 1 misdemeanor. "Local, city, county, state, or federal law-enforcement officer" replaces the descriptor "peace officer" that is used in the code section currently.
A BILL to amend and reenact § 18.2-174 of the Code of Virginia, relating to impersonating a law-enforcement officer; penalty.
13101887D
Patron: McEachin
Disposition of minors engaging in prostitution; forced prostitution. Provides that only an adult can be guilty of the crime of being a prostitute and that any minor who engages in prostitution is to be considered a child in need of services. The bill also provides that there shall exist an affirmative defense to the crime of prostitution when the person arrested or charged was induced to engage in prostitution through the use of force, intimidation, or deception by another.
A BILL to amend and reenact § 18.2-346 of the Code of Virginia, relating to disposition of minors engaging in prostitution; forced prostitution.13103129D
Patron: Smith
Littering and illegal dumping; community service. Provides that when a person is convicted of illegally dumping or disposing of garbage or refuse on public property or on private property without the permission of the owner, the court shall order a mandatory minimum of 10 hours of community service. Under current law, community service in litter abatement may be ordered in lieu of confinement in jail and is not mandatory.
A BILL to amend and reenact § 33.1-346 of the Code of Virginia and to repeal § 33.1-346.1 of the Code of Virginia, relating to littering and illegal dumping; community service.13102620D
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: Stuart
Child Pornography Images Registry; exemptions from disclosure, etc. Provides that records related to child abuse and exploitation that are in the possession of the Department of State Police pursuant to its duties in maintaining the Child Pornography Images Registry are exempt from the Virginia Freedom of Information Act and the Government Data Collection and Dissemination Practices Act and that the Registry is not subject to the Virginia Information Technology Agency.
A BILL to amend and reenact § 19.2-390.3 of the Code of Virginia, relating to Child Pornography Images Registry; exemptions from disclosure, etc.13101912D
Patron: Ebbin
Forced prostitution; expungement. Provides that there shall exist an affirmative defense to the crime of prostitution when the person arrested or charged was abducted for the purpose of prostitution in violation of § 18.2-48 and was induced to engage in prostitution through the use of force, intimidation, or deception by another. The bill also provides for expungement of a prostitution charge when the person was abducted for the purpose of prostitution in violation of § 18.2-48 and was induced to engage in prostitution through the use of force, intimidation, or deception by another.
A BILL to amend and reenact §§ 18.2-346 and 19.2-392.2 of the Code of Virginia, relating to forced prostitution; expungement of prostitution charges.13103887D
Patron: Garrett
Erroneously admitted evidence; appeal. Provides that when a criminal judgment is appealed based on a claim that the evidence to convict was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the judgment. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-680.1, relating to erroneously admitted evidence; appeal.13101641D
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
Property conveyance; certain real property to the Mennel Milling Company located in Roanoke County, Virginia. Modifies a 2011 enactment whereby the Department of General Services was authorized to convey certain real property to the Mennel Milling Company. The bill changes the terms of the conveyance of certain real property to the Mennel Milling Company located in Roanoke County, Virginia, by providing that the conveyance is to be made at no cost to the Commonwealth relating to the conveyance such as title insurance fees and premiums, environmental investigations, and survey costs, but expressly excluding any potential costs expended by the Commonwealth related to the improvement and use of the property exchanged or for costs expended by the Commonwealth in connection with the use of the parcel conveyed. The bill also removes the emergency clause on the 2011 enactment.
A BILL to amend and reenact § 1 of Chapter 256 of the Acts of Assembly of 2011 and to repeal the second enactment of Chapter 256 of the Acts of Assembly of 2011, relating to the conveyance of certain real property to the Mennel Milling Company located in Roanoke County.
13103790D
Patron: Obenshain
Erroneously admitted evidence; appeal. Provides that when a criminal judgment is appealed based on a claim that the evidence to convict was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the judgment. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-680.1, relating to erroneously admitted evidence; appeal.13101640D