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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: February 4, 2013
Time and Place: 8AM / Senate Room B

S.B. 938

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

S.B. 949

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

S.B. 1122

Patron: Norment

Deadman's Statute; corroboration of testimony by business records. Revises the Deadman's Statute by allowing for the corroboration of the testimony of an adverse or interested party by an entry in a business record authored by the adverse or interested party.

A BILL to amend and reenact § 8.01-397 of the Code of Virginia, relating to the Deadman's Statute; corroboration of testimony by business records.

13100539D

S.B. 1135

Patron: Norment

Continuances; appearance of parties. Provides that the court cannot require the parties or their counsel to appear at the originally scheduled hearing when a continuance is granted in advance of the date of the originally scheduled trial or hearing.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.3, relating to continuances; appearances.

13102987D

S.B. 1160

Patron: Barker

Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $250 and, for a second or subsequent offense, by a fine of $500. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill also provides that a violation of this provision does not preclude prosecution under any other applicable provision of the criminal law or of the law governing the operation of motor vehicles.

A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to penalty for texting while driving; primary offense.

13103482D

S.B. 1222

Patron: Norment

Reckless driving; using a handheld communications device; penalty. Provides that driving while simultaneously using a handheld communications device for something other than verbal communication constitutes driving a motor vehicle that is not under proper control, punishable as reckless driving, a Class 1 misdemeanor. Under current law, the more specific offense of "texting while driving" (repealed by this bill) incurs a $20 fine and is a secondary offense, which means that a law-enforcement officer must have cause to stop or detain a driver for some other violation, the primary offense, before issuing a citation for texting while driving, the secondary offense.

A BILL to amend and reenact §§ 46.2-341.20 and 46.2-853 of the Code of Virginia and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful use of handheld personal communications devices while driving; penalty.

13102174D

S.B. 1238

Patron: Barker

Reckless driving; texting; penalty. Provides that texting while driving is punishable as reckless driving, a Class 1 misdemeanor; currently, violations incur a $20 fine. The bill also makes texting while driving a primary offense; currently, law-enforcement officers must have cause to stop or detain a driver for some other violation before issuing a citation for texting while driving. If the degree of culpability is slight, the person may be found not guilty of reckless driving but guilty of texting while driving, which is punishable by a $50 fine.

A BILL to amend and reenact § 46.2-341.20 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 46.2-853.1, and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful texting while driving; penalty.

13103497D

S.B. 1297

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

S.B. 1312

Patron: Martin

Release of accused to pretrial services only when indigent. Provides that, when a person is arrested for either a felony or a misdemeanor, any judicial officer may place the person in the custody and supervision of a designated person, organization, or pretrial services agency but that no person shall be released to a pretrial services agency without a secured bond unless he is determined by a court to be indigent.

A BILL to amend and reenact § 19.2-123 of the Code of Virginia, relating to conditions of release without secured bond.

13103932D

S.B. 1331

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

S.B. 1337

Patron: Norment

Venue in civil cases; conduct of business activity; change of venue. Eliminates from the list of Category B venue (permissible venue) the forum where the defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth. The bill also provides that Category B venue exists where a defendant that is a corporation, partnership, or limited liability company has its principal office or place of business. The bill further provides that a court that has Category A venue (preferred venue) over a case may transfer that case to another forum if there is a lack of a practical nexus between the transferring court and the underlying cause of action.

A BILL to amend and reenact §§ 8.01-262, 8.01-265, and 16.1-77.2 of the Code of Virginia, relating to venue in civil cases; conduct of business activity; change of venue.

13103904D

S.B. 1372

Patron: Edwards

Transfer of firearms at gun shows; voluntary background check. Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if a party involved in a transaction wants one. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-4201.2, relating to firearms shows; voluntary background checks; penalties.

13104591D

S.B. 1373

Patron: Black

Interception of communications; sheriffs. Provides that the Attorney General may apply for authorization for the observation or monitoring of an interception of communications by a sheriff's office; under existing law the same may be done for a police department of a county or city or for U.S. law-enforcement officers.

A BILL to amend and reenact §§ 19.2-66 and 19.2-68 of the Code of Virginia, relating to authority to intercept communications; sheriffs.

13104488D