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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: February 6, 2013
Time and Place: 1/2 Hour After Adjournment of Senate / Senate Room B
Patron: Habeeb
Writ of actual innocence for juveniles adjudicated delinquent. Provides that a juvenile adjudicated delinquent in a circuit court of an offense that would be a felony if committed by an adult may petition the Supreme Court to issue a writ of actual innocence on the basis of biological or nonbiological evidence.
A BILL to amend and reenact §§ 19.2-327.1, 19.2-327.2, 19.2-327.3, 19.2-327.5, and 19.2-327.10 through 19.2-327.13 of the Code of Virginia, relating to writs of actual innocence; petition by juvenile adjudicated delinquent upon felony charge.13103952D
Patron: Cox, J.A.
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, peace officer or federal law-enforcement officer, or who falsely assumes or pretends to be any such officer, is guilty of a Class 1 misdemeanor. The bill also defines federal law-enforcement officer.
A BILL to amend and reenact § 18.2-174 of the Code of Virginia, relating to impersonating a law-enforcement officer; penalty.13103753D
Patron: Fariss
Private security services businesses; exemption. Exempts employees and sales representatives of an electronic security equipment retailer where they (i) sell the equipment at a store location, online, or by telephone, but not at the end user's premises; (ii) are not electronic security technicians; and (iii) do not have access to end user confidential information regarding the end user's electronic security equipment.
A BILL to amend and reenact § 9.1-140 of the Code of Virginia, relating to private security services businesses; exceptions.13102042D
Patron: Merricks
Testimony regarding field-test identification of controlled substances. Provides that any law-enforcement officer shall be permitted to testify as to results of field tests approved by the Department of Forensic Science regarding identification of a substance at issue in a preliminary hearing on a violation of subdivision 6 of § 53.1-203 (possession of drugs by an inmate). Under current law, this provision applies to only violations of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug crimes).
A BILL to amend and reenact § 19.2-188.1 of the Code of Virginia, relating to testimony regarding field-test identification of controlled substances.13102262D
Patron: Greason
Tenant's remedies; general district court. Provides that if a landlord unlawfully causes an interruption of utility services for leased premises, the residential tenant may obtain an order from general district court to recover possession of the premises, require the resumption of such interrupted utility services, or terminate the rental agreement.
A BILL to amend and reenact §§ 55-225.2, 55-248.26, and 55-248.40 of the Code of Virginia, relating to tenant's remedies; general district court.13100474D
Patron: Minchew
Retention of case records; general district court. Permits the chief judge of a general district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that they have been microfilmed or converted to an electronic format. Currently, such documents must be retained for 10 years. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-69.55 of the Code of Virginia, relating to record retention in general district courts.13101000D
Patron: Iaquinto
Record on appeal from district court. Provides that, upon the appeal of a general district court or juvenile and domestic relations district court judgment in a civil case to circuit court, except cases involving protective orders or a civil offense for a person's refusal to submit to having blood or breath samples taken to determine the drug or alcohol content of a person's blood, only the pleadings filed in the case shall be transmitted to the circuit court. All other materials contained in the case file, including all other documents, exhibits, or papers, shall be retained by the district court. Currently, the district court transfers all materials to the circuit court in the event of an appeal.
A BILL to amend and reenact §§ 16.1-69.55, 16.1-94.1, 16.1-112, and 16.1-296.2 of the Code of Virginia, relating to record on appeal from district court.13104442D
Patron: Lewis
Purchase of service firearms; minimum years of service. Reduces from 15 years to 10 years the minimum number of years that certain officers must serve in order to qualify to purchase their service handguns.
A BILL to amend and reenact § 59.1-148.3 of the Code of Virginia, relating to purchase of service handguns by certain officers; minimum years of service.13100699D
Patron: Lewis
Recording deeds; statement of preparation. Clarifies that the circuit court clerk may reject for filing or recording only deeds conveying real property, and not deeds of trust, unless the deed states on its first page that it was prepared either by the owner of the property or by an attorney licensed to practice in Virginia.
A BILL to amend and reenact § 17.1-223 of the Code of Virginia, relating to recording deeds; statement of preparation.13100915D
Patron: Habeeb
Civil action; failed electronic funds transfer; unlawful detainer remedies. Provides that if an electronic funds transfer is rejected because of insufficient funds or because a stop-payment order was placed on such payment in bad faith, the payee of the electronic funds transfer may recover in a civil action in the same manner as an action to recover for a bad check. The bill also provides that a writ of possession in an unlawful detainer action may be requested by the plaintiff's attorney or agent in addition to the plaintiff, and that such attorney or agent may also present into evidence an affidavit with copies of documents showing the plaintiff's right to possession of the premises. The bill further provides that such affidavit may contain a list of outstanding rent, late charges, attorney fees, and other damages owed to the plaintiff, and the court shall enter a judgment for the amount listed when entering an order of possession if the court finds that such amount is accurate.
A BILL to amend and reenact §§ 8.01-27.1, 8.01-27.2, 8.01-126, and 8.01-471 of the Code of Virginia, relating to civil action; failed electronic payments; unlawful detainer remedies.13104055D
Patron: Lewis
Notice of intent to use involuntary intoxication offense. Provides that in any case in which a person charged with a felony intends (i) to put in issue his involuntary intoxication at the time of the offense charged and (ii) to present testimony of an expert to support his claim on this issue at his trial, he or his counsel shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial, of his intention to present such evidence. The bill also provides for the court to appoint an expert for the Commonwealth.
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 sections numbered 19.2-266.3 and 19.2-266.4, relating to notice by defendant to Commonwealth of intention to present evidence of involuntary intoxication.13100663D
Patron: Garrett
Criminal Justice Training Academies; sovereign immunity of trainers. Expands the immunity from civil liability that exists for any criminal justice training academy and its directors, officers, and employees to include (i) any trainer at the academy if he has been certified by the Department of Criminal Justice Services and (ii) any person who is a criminal justice training academy approved instructor.
A BILL to amend and reenact § 15.2-1752 of the Code of Virginia, relating to criminal justice training academies; immunity for trainers.13102496D
Patron: Minchew
Small estates; checks and negotiable instruments. Provides that if the successor to a decedent receives certain small assets in the form of checks, drafts, or other negotiable instruments that are payable to the decedent, the successor may endorse or negotiate such checks, drafts, or other negotiable instruments.
A BILL to amend and reenact § 64.2-601 of the Code of Virginia, relating to small estates; checks and negotiable instruments.13103279D
Patron: Farrell
Department of Criminal Justice Services; private security services businesses; firearms. Prohibits the Criminal Justice Services Board from adopting any regulation that would prevent an employee of any electronic security business, other than an alarm respondent, or a locksmith from carrying a firearm in the course of that person's duties when such person has been issued and carries with him a valid concealed handgun permit.
A BILL to amend and reenact § 9.1-141 of the Code of Virginia, relating to the Department of Criminal Justice Services; private security services businesses; concealed firearms.13103975D
Patron: BaCote
Restoration of parental rights. Creates a procedure for restoring parental rights to a parent whose rights to his child have previously been terminated when the child is at least 14 years of age and the child has not achieved his permanency goal. The bill also provides that the juvenile and domestic relations court may appoint a special advocate to provide services to a child who is the subject of judicial proceedings for the restoration of parental rights.
A BILL to amend and reenact § 9.1-151 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-283.2, relating to restoration of parental rights.13100391D
Patron: Greason
Child care providers; background checks for eligibility for child care subsidy payments. Requires any person seeking to enter into a contract with the Department of Social Services or a local department of social services for the provision of child care services for which subsidy payments may be paid to undergo a background check, and authorizes the dissemination of criminal history record information to the Department of Social Services or local department of social services for the purpose of screening such individuals.
A BILL to amend and reenact §§ 19.2-389 and 63.2-1725 of the Code of Virginia, relating to child day centers; background checks.13103282D
Patron: Watts
Protective orders; exempt from stay pending appeal. Clarifies that a protective order entered due to a violation of an initial protective order shall remain in effect upon petition for or the pendency of an appeal. The bill also includes family abuse protective orders issued in conjunction with a family abuse disposition among other protective orders that are not stayed upon appeal. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact §§ 16.1-106 and 16.1-298 of the Code of Virginia, relating to subsequent protective orders; exempt from stay pending appeal.13100998D
Patron: Kilgore
Electronic filing in civil proceedings; fee. Allows, but does not require, a circuit court clerk with an established electronic filing system to charge a $2 fee for every civil case initially filed by paper. Indigents are exempt from paying the fee. The fee is paid into the clerk's nonreverting local fund to be exclusively used to cover the operational expenses of the electronic filing system.
A BILL to amend and reenact § 17.1-258.3 of the Code of Virginia, relating to electronic filing in civil proceedings; fee.13100637D
Patron: O'Quinn
Concealed handgun permit; retired investigator of the State Lottery Department; exception. Provides an exception for a concealed handgun permit for a qualifying retired investigator of the security division of the State Lottery Department. The bill contains technical amendments.
A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handgun permit; retired investigator of the State Lottery Department; exception.13101218D
Patron: Stolle
Criminal Injuries Compensation Fund. Provides that the Fund has a lien on a victim's claim if an award was made from the Fund. The bill also provides that if the defendant pays restitution, and the Fund has made any payments for expenses included in the restitution order, then at the request of the Fund, the clerk or other entity collecting the restitution must pay as much of the restitution collected to the Fund as will reimburse the Fund for its payments. The bill states that the clerk or other entity collecting the restitution must honor any written assignment of restitution in favor of the Fund.
A BILL to amend and reenact §§ 8.01-66.9, 19.2-305.1, and 19.2-368.15 of the Code of Virginia, relating to Criminal Injuries Compensation Fund; lien and restitution.13104005D
Patron: Iaquinto
Clerks of circuit courts; electronic filing and records; remote access. Makes various changes to the provisions that allow circuit court clerks to provide remote access to certain records and to charge a fee for such access. The bill also directs that fees assessed for electronic filing of cases and other records and accessing certain records remotely shall be paid to the clerk's nonreverting local fund to be used to cover the clerk's operational expenses.
A BILL to amend and reenact §§ 17.1-208, 17.1-258.3 through 17.1-258.4, 17.1-276, 17.1-292, 17.1-293, and 17.1-295 of the Code of Virginia, relating to clerks of circuit courts; electronic filing and records; remote access.13101978D
Patron: Toscano
Child support; imputation of income; attendance in educational or vocational program. Provides that a parent's decision to attend and complete an educational or vocational program that is likely to maintain or increase the parent's earning potential may be considered as a factor in determining whether to impute income to such parent for purposes of the parent's child support obligation. The bill also provides that any child care costs incurred by a custodial parent due to the parent's decision to attend such an education program may also be considered.
A BILL to amend and reenact § 20-108.1 of the Code of Virginia, relating to child support; imputation of income; enrollment in educational or vocational program.13101341D
Patron: Bell, Robert B.
Jail officer may execute a warrant in his jail. Authorizes an officer employed at a local jail, regional jail, or jail farm to execute upon a person being held in his jail a warrant, capias, or summons issued anywhere in the Commonwealth. Currently only a person with law-enforcement power may do so.
A BILL to amend and reenact §§ 19.2-72 and 19.2-76 of the Code of Virginia, relating to issuance of arrest warrants by jail officers.13104010D
Patron: Miller
Nondisclosure of crime victim or witness personal and identifying information. Provides that upon request of any witness in a criminal prosecution for the sale or manufacture of drugs or a violent felony as defined in subsection C of § 17.1-805, or any crime victim, neither a law-enforcement agency, the attorney for the Commonwealth, the counsel for a defendant, a court, nor the Department of Corrections, nor any employee of any of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the witness or victim or a member of the witness's or victim's family, except to the extent that disclosure is (i) of the site of the crime, (ii) required by law or the Rules of Supreme Court, (iii) necessary for law-enforcement purposes or preparation for court proceedings, or (iv) permitted by the court for good cause. Current law provides this protection to all crime victims but to witnesses only when the prosecutions involve violations of § 18.2-46.2 or 18.2-46.3 (criminal street gang offenses).
A BILL to amend and reenact §§ 19.2-11.2 and 19.2-267 of the Code of Virginia, relating to crime victim's and witness's right to nondisclosure of certain information.13103459D
Patron: Toscano
Confidentiality of child support guidelines worksheets in mediated agreements. Eliminates two provisions requiring the disclosure of financial information obtained for the purposes of completing a child support guidelines worksheet in the course of mediation to the court even when an agreement has not been reached by the parties. Under current law, these provisions conflict with a mediator's duty of confidentiality. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact §§ 8.01-576.10 and 8.01-581.22 of the Code of Virginia, relating to confidentiality of child support guidelines worksheets in mediated agreements.
13101004D
Patron: Joannou
Evidence of medical reports in district court and appeals to circuit court. Provides that the method for introducing into evidence medical records or reports in general district court in a civil action for personal injuries or to resolve a dispute with an insurance company or health care provider also applies to appeals of such action to the circuit court regardless of which party appeals. Currently, the same method only applies if the defendant appeals. This method of introducing medical records or reports into evidence may only be used by a plaintiff in an appeal to circuit court if the plaintiff has not requested an amount on appeal in excess of the damages sought in the general district court.
A BILL to amend and reenact § 16.1-88.2 of the Code of Virginia, relating to evidence of medical reports in district court and appeals to circuit court.13100701D
Patron: Ware, O.
Powers and duties of the Commonwealth's Attorneys' Services Council. Requires the Council to provide information on changes in the law that affect the duties and responsibilities of law-enforcement officers and make such information available to law-enforcement agencies, law-enforcement training academies, and the Department of Criminal Justice Services.
A BILL to amend and reenact § 2.2-2618 of the Code of Virginia, relating to powers and duties of the Commonwealth's Attorneys' Services Council.13102151D
Patron: Lingamfelter
Reorganizing and recodifying the law related to carrying concealed weapons and concealed handgun permits. Reorganizes the existing § 18.2-308 into a new Article 6.1 in Chapter 7 of Title 18.2. The new article creates separate, discrete sections to address the general criminal prohibition against carrying concealed weapons; the requirements for applying for a concealed handgun permit; the process the circuit court follows in reviewing, issuing, and denying permits; the appeals process procedures for nonresidents to obtain permits; the renewal process disqualifications; and other procedural issues currently addressed in § 18.2-308. The bill also contains numerous technical amendments. This bill does not make any substantive changes to existing law.
A BILL to amend and reenact §§ 16.1-260, 17.1-406, 18.2-57.3, 18.2-287.01, 18.2-308, 18.2-311, 19.2-83.1, 19.2-120.1, 19.2-386.27, 19.2-386.28, and 24.2-643 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 7 of Title 18.2 an article numbered 6.1, consisting of sections numbered 18.2-307.1 through 18.2-308.015, relating to reorganizing and recodifying the law related to carrying concealed weapons and concealed handgun permits.13100666D
Patron: McClellan
Testimony in open court in divorce cases; notice. Allows the court to conduct ore tenus hearings in divorce cases without providing further notice to the defendant if the defendant has been personally served and has failed to appear. Under current law, the court may take depositions without further notice to the defendant if the defendant has been personally served and has failed to appear. As introduced, this bill was a recommendation of the Judicial Council of Virginia.
A BILL to amend and reenact § 20-99 of the Code of Virginia, relating to testimony in open court in divorce cases; notice.13101005D
Patron: Bell, Robert B.
Criminal procedure; functions of multijurisdiction grand jury. Adds the offense of receiving money for procuring a person to the list of offenses that a multijurisdiction grand jury can investigate. This allows such a jury to investigate human trafficking activities.
A BILL to amend and reenact § 19.2-215.1 of the Code of Virginia, relating to functions of multijurisdiction grand jury.13102387D
Patron: LeMunyon
Childhood sexual abuse; statute of limitations. Clarifies that the discovery rule used to determine when a cause of action for childhood sexual abuse accrues applies when the fact of the injury and its causal connection to the abuse is first communicated to the injured person. The provisions of this bill are declarative of existing law.
A BILL to amend and reenact § 8.01-249 of the Code of Virginia, relating to childhood sexual abuse; statute of limitations.13100137D
Patron: May
Use of electronic tracking devices; penalty. Provides that any person who uses an electronic tracking device through intentionally deceptive means and without consent to track the location of another person is guilty of a Class 3 misdemeanor. The bill includes exceptions.
A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 4 of Title 18.2 a section numbered 18.2-60.5, relating to the use of electronic tracking devices; penalty.13101088D
Patron: Sickles
Automated external defibrillators; immunity. Provides that a person who maintains an automated external defibrillator (AED) located on real property owned or controlled by such person shall not be civilly liable for any personal injury resulting from the use of the AED in an emergency, unless such personal injury results from gross negligence or willful or wanton misconduct of the person who maintains the AED or his agent or employee.
A BILL to amend and reenact § 8.01-225 of the Code of Virginia, relating to automated external defibrillators; immunity.13104066D
Patron: Cline
Criminal sentencing; mandatory minimum sentences; work release programs. Clarifies that no person while serving that portion of a sentence that is a mandatory minimum is eligible for work release, unless such person is participating in a work or education program operated by or under contract with the Department of Juvenile Justice.
A BILL to amend and reenact § 18.2-12.1 of the Code of Virginia, relating to mandatory minimum sentences; work release programs.13102857D
Patron: Robinson
Notaries; qualifications. Replaces the requirement that to be qualified to be a commissioned notary, a person must be a "citizen" of the United States with the requirement that he must be a "legal resident" of the United States. This bill contains technical amendments.
A BILL to amend and reenact §§ 47.1-4 and 47.1-23 of the Code of Virginia, relating to notaries; qualifications.13101893D
Patron: Webert
Special conservators of the peace; state agencies, institutions, and departments. Authorizes any museum of the Commonwealth to apply for the appointment by the circuit court of a special conservator of the peace.
A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; museums of the Commonwealth.13102463D
Patron: Kilgore
Executive Secretary of the Supreme Court of Virginia; supervision of magistrates. Requires the Executive Secretary of the Supreme Court to establish and require magistrates be available for performing certain duties related to issuing temporary detention orders. Under current law, the chief judge of each district court is responsible for this oversight. The change makes this responsibility consistent with the current supervisory structure set out in § 19.2-35, which grants supervisory authority over the magistrates to the Executive Secretary. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 37.2-809 of the Code of Virginia, relating to the Executive Secretary of the Supreme Court of Virginia; supervision of magistrates.13101002D
Patron: Hodges
Foster care; time to conduct hearings, etc. Adjusts certain time frames for conducting or petitioning for hearings of a child in foster care and filing foster care plans in order to bring Virginia into compliance with Title IV, Part E (Federal Payments for Foster Care and Adoption Assistance) of the federal Social Security Act. The bill has a delayed effective date of July 1, 2014.
A BILL to amend and reenact §§ 16.1-252, 16.1-253, 16.1-277.02, 16.1-278.2, 16.1-278.3, 16.1-281, 16.1-282, and 16.1-282.1 of the Code of Virginia, relating to foster care; time to conduct hearings, etc.13101375D
Patron: Helsel
Guardians; annual report to local department of social services. Requires court-appointed guardians of incapacitated persons to file the annual report of all money and other property received, chargeable, or disbursed with the local department of social services where the incapacitated person resides. Under current law, a guardian must file the annual report with the local department of social services for the jurisdiction where the guardian was appointed, which must then forward the report to the local department where the incapacitated person resides.
A BILL to amend and reenact § 64.2-2020 of the Code of Virginia, relating to court-appointed guardians of incapacitated persons; annual report to local department of social services.13101840D
Patron: Peace
Construction of the use of old Code sections in wills, etc. Provides that references to former Code sections that were repealed and replaced during the recodification of Title 64.1 in wills, trust instruments, powers of attorney, or other instruments made after the effective date of Title 64.2 shall be construed to refer to the current Code section in Title 64.2.
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 construction of the use of old Code references in wills, etc.13102011D
Patron: Fariss
Money laundering investigations by multijurisdiction grand jury. Adds investigations of money laundering violations to the jurisdiction of multijurisdiction grand juries.
A BILL to amend and reenact § 19.2-215.1 of the Code of Virginia, relating to money laundering investigations by multijurisdiction grand jury.13103865D
Patron: Anderson
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.13104603D