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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 13, 2013
Time and Place: 1/2 Hour after adjournment of Senate / SR B

H.B. 1311 Bail, bond, or recognizance decision; court granting bail shall stay execution of such order, etc.

Patron: Hope

Accused to be held pending appeal by Commonwealth of bond decision. Provides that when a court grants bail to an accused, it shall, when there exists a resumption against bail, and may, when no such presumption exists, upon the noting of an appeal by the attorney for the Commonwealth, stay execution of such bail order of an accused who has not yet been released for as long as is reasonably practicable so that the attorney for the Commonwealth may obtain an expedited hearing of the appeal before the next higher court.

A BILL to amend and reenact § 19.2-124 of the Code of Virginia, relating to release of accused pending appeal of bond decision by the Commonwealth.

13104814D

H.B. 1432 Writ of actual innocence; revises one of allegations necessary to petition.

Patron: Albo

Writ of actual innocence. Revises one of the allegations necessary to a petition for a writ of actual innocence from "[the evidence] will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt" to "[the evidence] will prove that no rational trier of fact would have found proof of guilt beyond a reasonable doubt."

A BILL to amend and reenact §§ 19.2-327.3, 19.2-327.5, 19.2-327.11, and 19.2-327.13 of the Code of Virginia, relating to writs of actual innocence.

13102060D

H.B. 1546 Service of process; makes several changes to how process is made on nonresidents, etc.

Patron: Loupassi

Service of process on nonresidents. Makes several changes to how service of process is made on nonresidents and foreign corporations, including providing that (i) foreign corporations may be personally served with process outside of the Commonwealth in addition to substituted service on such corporation within the Commonwealth; (ii) service of process on the Commissioner of the Department of Motor Vehicles for nonresident motor vehicle owners or operators or the Secretary of the Commonwealth for nonresident aircraft owners or operators is effective on the date service is made on the Commissioner or the Secretary, and (iii) the Secretary of the Commonwealth or the statutory agent of a foreign corporation must provide a receipt noting the date service of process was made if the Secretary or statutory agent was served by hand delivery or any other method that does not provide a return of service. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 8.01-301, 8.01-310, 8.01-312, and 8.01-329 of the Code of Virginia, relating to service of process on nonresidents.

13100773D

H.B. 1559 DUI; any person convicted of subsequent offense is guilty of Class 6 felony, etc.

Patron: Morris

Fourth or subsequent DUI. Provides that any person convicted of an offense of §18.2-266 (DUI) after having been convicted of a previous DUI or DUI-related offense is guilty of a Class 6 felony and that punishment shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000. Under current law, penalties are the same but the offenses must occur within a 10-year period.

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.

13104519D

H.B. 1606 Prostitution; solicitation of a minor, penalty.

Patron: Hugo

Prostitution; solicitation of a minor; penalty. 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 and younger than 18 years of age 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.

13100986D

H.B. 1627 Real property; VDOT to convey a parcel of property owned by Department in Fauquier County, etc.

Patron: Webert

Transfer of property by VDOT. Authorizes VDOT to convey certain real property in Fauquier County controlled by the Department in exchange for other real property in Fauquier County to be used for a park-and-ride.

A BILL to authorize the Department of Transportation to convey certain property in Marshall in Fauquier County and to accept certain property in exchange.

13104839D

H.B. 1631 Drugs and paraphernalia; may be forfeited to law-enforcement agency for research and training.

Patron: Cosgrove

Drugs and paraphernalia forfeited to law enforcement. Provides that seized drugs and drug paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, may be forfeited to a law-enforcement agency for research and training purposes. Current law limits such forfeiture to the Department of Forensic Science for research and training purposes.

A BILL to amend and reenact § 19.2-386.23 of the Code of Virginia, relating to forfeiture of seized drugs and paraphernalia for training purposes.

13103912D

H.B. 1653 Sex Offender and Crimes Against Minors Registry; registration verification, etc.

Patron: Ingram

Sex Offender and Crimes Against Minors Registry; registration verification. Provides that the Department of Corrections or other supervisory personnel may accept physical verification performed by the State Police of the registration information on the Sex Offender and Crimes Against Minors Registry that is required of registrants over whom the Department or the supervisory personnel exercise control. Under current law, physical verification must be carried out by the Department or the supervisory personnel.

A BILL to amend and reenact § 9.1-907 of the Code of Virginia, relating to the Sex Offenders and Crimes Against Minors Registry; verification of registration information.

13101055D

H.B. 1668 Southwestern VA Mental Health Inst.; Governor to convey portion of real property in Smyth County.

Patron: Crockett-Stark

Authorizing the Governor to convey a portion of the real property known as the Southwestern Virginia Mental Health Institute to the Mount Rogers Community Services Board. Authorizes the Governor to convey, without consideration, that portion of the real property known as the Southwestern Virginia Mental Health Institute located in Marion in Smyth County, which is currently leased by the Mount Rogers Community Services Board, to the Mount Rogers Community Services Board for the purpose of providing services for individuals in need of mental health, developmental, and substance abuse services.

A BILL authorizing the Governor to convey certain real property held in the name of the Department of Behavioral Health and Developmental Services as part of the Southwestern Virginia Mental Health Institute located in Marion in Smyth County to the Mount Rogers Community Services Board.

13101995D

H.B. 1682 Mentally incapacitated persons; financial exploitation, penalty.

Patron: Bell, Robert B.

Financial exploitation of incapacitated persons; penalty. Provides that it is unlawful for any person who knows or should know that another person suffers from mental incapacity to, through the use of that other person's mental incapacity, take, obtain, or convert money or other thing of value belonging to that other person with the intent to permanently deprive him thereof. A violation is punishable as larceny. This bill incorporates HB 1455 and HB 1603.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-178.1, relating to financial exploitation of incapacitated persons; penalty.

13104545D

H.B. 1684 Identity theft; victim assistance, restitution, penalties.

Patron: Bell, Robert B.

Identity theft; penalties.  Raises the punishment for identity theft where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence from a Class 6 to a Class 5 felony and raises the punishment for identity theft where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence from a Class 5 to a Class 4 felony.

A BILL to amend and reenact § 18.2-186.3 of the Code of Virginia, relating to identity theft; penalties.

13104461D

H.B. 1685 General Services, Department of; conveyance of property located in City of Richmond;

Patron: McQuinn

Conveyance of property located in the City of Richmond; Department of General Services. Authorizes the Department of General Services, with the approval of the Governor, to convey to P & J Properties, Inc., a parcel of land located in the City of Richmond in Shockoe Bottom as described in a survey dated December 5, 2012. Under the bill the conveyance shall not be deemed a conveyance of surplus property and there shall be no requirement for the payment of any money consideration.

A BILL to authorize the Governor to convey certain real property in the City of Richmond.

13101900D

H.B. 1709 Dismissal of action by nonsuit; fees and costs.

Patron: Habeeb

Dismissal of action by nonsuit; fees and costs. Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. The bill also provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness of such expert witness costs and may, in the court's discretion, satisfy the reasonableness requirement, without the need for further testimony. This bill incorporates HB 1570.

A BILL to amend and reenact § 8.01-380 of the Code of Virginia, relating to dismissal of action by nonsuit; fees and costs.

13104552D

H.B. 1716 Circuit court clerks; allowed to establish and maintain their own case management systems, etc.

Patron: Iaquinto

Clerks' fees; case management systems, etc. Allows circuit court clerks to establish and maintain their own case management systems, financial management systems, or other independent technology. Data from a clerk's independent system may be provided directly to designated state agencies or to such agencies through an interface with the systems of the Executive Secretary of the Supreme Court of Virginia. The Executive Secretary shall provide an electronic interface to the data available on his systems to a circuit court clerk upon the clerk's written request, and cost of the interface shall be paid by the Executive Secretary from the Courts Technology Fund. The bill also defines the term "operational expenses."

A BILL to amend and reenact §§ 17.1-295 and 17.1-502 of the Code of Virginia, relating to clerk's fees; case management systems, etc.

13104292D

H.B. 1745 Children; taking indecent liberties, use of communications system to propose sex offenses.

Patron: Gilbert

Sex offenses involving a child; communications systems and indecent liberties. 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. The provision also applies if the child is at least 15 and the perpetrator is more than seven years older than the child. 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. The bill also includes in indecent liberties proposing that a child under the age of 15 feel or fondle his own sexual or genital parts.

A BILL to amend and reenact §§ 18.2-370 and 18.2-374.3 of the Code of Virginia, relating to certain sexual offenses involving children.

13104454D

H.B. 1746 Sentencing guidelines; definition of violent felony.

Patron: Gilbert

Sentencing guidelines; definition of violent felony. Adds to the list of violent felonies: killing of a fetus, criminal street gang recruitment, strangulation of another, assault and battery when it is a hate crime, felony violation of a protective order, felony infected sexual battery, manufacture bombs, willfully discharging a firearm in a public place resulting in bodily injury, brandishing a machete or other bladed weapon near a school, wearing body armor while committing certain crimes, display of grooming video to child, cross burning, burning object with intent to intimidate, placing a swastika with intent to intimidate, displaying noose with intent to intimidate, treason, escape of sexually violent predator, and unauthorized dissemination of fusion center information resulting in death or serious bodily injury. When an offense falls under the definition of violent felony, sentencing ranges are increased, punishment is statutorily enhanced for certain other offenses, eligibility for participation in a drug treatment court is restricted, there is a presumption against bail for persons illegally present in the United States, the definition of victim for the purpose of compensation of crime victims by the Criminal Injuries Compensation Fund is expanded, registration of tow truck drivers is prohibited, and restoration of voting rights is limited.

A BILL to amend and reenact § 17.1-805 of the Code of Virginia, relating to sentencing guidelines; definition of violent felonies.

13104471D

H.B. 1751 Assault and battery; includes certain employees of DBHDS, penalty.

Patron: Miller

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.

13101369D

H.B. 1752 Personal representatives; Internet provider shall provide access to deceased minor's digital assets.

Patron: Wright

Powers of personal representatives; digital accounts. Provides that the personal representative of a deceased minor has the power to assume the deceased minor's terms of service agreement with an Internet service provider, communications service provider, or other online account service provider for the purposes of consenting to and obtaining the disclosure of the minor's digital assets. The provider shall provide the personal representative with access to the minor's digital assets within 30 days from the receipt of a written request from the personal representative and a copy of the deceased minor's death certificate. This bill incorporates HB 1584.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 64.2 an article numbered 3, consisting of sections numbered 64.2-109 and 64.2-110, relating to personal representative access to digital assets.

13104889D

H.B. 1766 Child sex crime cases; admission of prior sex offenses into evidence.

Patron: Bell, Robert B.

Prior sex offenses admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of sexual abuse, evidence of the defendant's conviction of another offense or offenses of sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant. The bill includes a second enactment requiring this new rule of evidence to be applied in conjunction with the Virginia rules of evidence. The bill incorporates HB 1623.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-67.7:1, relating to admission of prior sex offenses into evidence in child sex crime cases.

13104150D

H.B. 1783 Contraband cigarettes; increases penalty for possession with intent to distribute.

Patron: Gilbert

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.

13102168D

H.B. 1794 Crime victims or witnesses; nondisclosure of personal and identifying information.

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

H.B. 1806 Methamphetamine; substances used to manufacture.

Patron: Garrett

Substances used to manufacture methamphetamine. Adds ammonium nitrate to the list of substances of which the possession of two or more with the intent to manufacture methamphetamine is punishable as a Class 6 felony. The bill also strikes "metal" from the term "lithium metal."

A BILL to amend and reenact § 18.2-248 of the Code of Virginia, relating to substances used in manufacturing methamphetamine.

13102542D

H.B. 1816 Methamphetamine manufactory; penalty for allowing child younger than 15 yrs., etc., to be present.

Patron: Kilgore

Allowing child or incapacitated person to be present in methamphetamine manufactory; penalty. Provides that any person 18 years of age or older who knowingly allows a child younger than 15 years of age or a mentally incapacitated or physically helpless person to be present in the same dwelling, apartment, unit of a hotel, garage, shed, or vehicle (i) during the manufacture or attempted manufacture of methamphetamine or (ii) where there are present, with intent to manufacture methamphetamine, at least two of the components of methamphetamine manufacture is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years. Currently the prohibition applies only to a child in care or custody of the miscreant and does not punish for the presence of the child when the components of manufacture are found in the residence or other specified place.

A BILL to amend and reenact § 18.2-248.02 of the Code of Virginia, relating to manufacture of methamphetamine in presence of a minor or incapacitated person.

13104551D

H.B. 1820 Unstamped cigarettes; sale, transport, possession, etc., penalties.

Patron: Ware, O.

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; under current law, the threshold is 3,000 or more packages. The Class 2 misdemeanor threshold is reduced from less than 3,000 to less than 500 packages.

A BILL to amend and reenact § 58.1-1017 of the Code of Virginia, relating to unstamped cigarettes; sale, transport, possession, etc.; penalties.

13102131D

H.B. 1847 Criminal street gang predicate offenses; penalties.

Patron: Albo

Criminal street gang predicate offenses. Expands the class of criminal street gang predicate offenses to include capital murder, additional assault offenses, burglary offenses, grand larceny, sale of stolen property, manufacture/distribution of methamphetamine, violent use of a machine gun, possession/use of a sawed-off shotgun, additional firearm possession offenses, stalking, and additional drug offenses.

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

13104514D

H.B. 1850 Assault and battery; adds employees of local or regional corrections facilities.

Patron: Albo

Crimes; assault and battery; local and regional correctional facility employees; penalty. Adds employees of local or regional corrections facilities 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 of an employee of a local or regional corrections facility; penalty.

13102516D

H.B. 1862 Sex Offender and Crimes Against Minors Registry Act; add to list of offenses requiring registration.

Patron: Sherwood

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 codified law in former Title 18.1 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.

13104452D

H.B. 1927 Assault and battery; adds volunteer firefighter or any emergency medical service personnel, penalty.

Patron: Morris

Emergency medical services personnel; penalty for assault and battery. Adds emergency medical services personnel who are employed by or volunteers of an emergency medical services agency providing services pursuant to an agreement between the agency and a local government to the list of individuals of whom assault and battery may be a Class 6 felony.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to emergency medical services personnel; penalty for assault and battery.

13101984D

H.B. 1941 Cannabinoids, research chemicals, synthetic; penalties. Emergency.

Patron: Garrett

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. The bill contains an emergency clause and incorporates HB 1843.

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.

13104485D

EMERGENCY

H.B. 1955 Impersonating a law-enforcement officer or other public safety personnel; impersonating, penalty.

Patron: Landes

Impersonating a law-enforcement officer or other public safety personnel. Provides that any unauthorized person who wears a uniform identical to or substantially similar to a standard uniform used by an office of sheriff to impersonate the office of sheriff is guilty of a Class 1 misdemeanor (currently a Class 3 misdemeanor). The bill adds new punishment for a second or subsequent such offense: a Class 6 felony. The bill also adds the same new punishment for a second or subsequent offense of impersonating a law-enforcement officer or other public safety personnel, currently a Class 1 misdemeanor for any such offense.

A BILL to amend and reenact §§ 15.2-1612, 18.2-174, and 18.2-174.1 of the Code of Virginia, relating to impersonating a law-enforcement officer or other public safety personnel; penalty.

13104541D

H.B. 1981 Electronic tracking devices; person who uses without consent to track location of another, penalty.

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

H.B. 2012 Drones; moratorium on use of unmanned aircraft systems by state and local law-enforcement, etc.

Patron: Cline

Drones; moratorium. Places a moratorium on the use of unmanned aircraft systems by state and local law enforcement and regulatory entities until July 1, 2015, except in defined emergency situations. The bill incorporates HB 1616.

A BILL to place a moratorium on the use of unmanned aircraft systems.

13104704D

H.B. 2035 Old Flat State Forest; authorizes DOF to negotiate an exchange of lands in Grayson County.

Patron: O'Quinn

Land exchange in and adjacent to Old Flat State Forest in Grayson County. Authorizes the Department of Forestry to negotiate an exchange of lands with Rodney Richardson on an approximately acre-for-acre or equal-market-value basis. In return for conveying a parcel located in Old Flat State Forest to Richardson, the Department is authorized to accept from Richardson a parcel adjacent to the State Forest.

A BILL to authorize the Department of Forestry to negotiate an exchange of certain parcels of land in Grayson County.

13101249D

H.B. 2065 Juvenile correctional centers; penalties.

Patron: Peace

Correctional centers; adult and juvenile; penalties. For selected offenses, imposes the same penalties for offenses committed by persons confined in a juvenile correctional center as currently exist for adult prisoners. Persons who deliver certain items to committed juveniles or allow their escape will face penalties comparable to the same conduct involving adult prisoners. The bill makes it a Class 6 felony, with a six-month mandatory minimum term of confinement to assault persons directly involved in the care, treatment, or supervision of persons in the custody or under the supervision of the Department of Corrections engaged in the performance of public duties; 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.

13104331D

H.B. 2186 Real property; authorizes VDOT to exchange property controlled by Dept. in Albemarle Co.

Patron: Dudenhefer

Transfer of property by VDOT. Authorizes VDOT to exchange real property controlled by the Department in Albemarle County for private property owned by the Wachtmeister 1981 Revocable Trust.

A BILL to authorize an exchange of real property controlled by the Department of Transportation.

13101419D

H.B. 2211 Stalking; Class 6 felony for conviction of second offense within five years of prior conviction.

Patron: McClellan

Penalty for second offense of stalking. Provides that, upon conviction of a second offense of stalking occurring within five years of a prior conviction of such an offense, if such person was also convicted within the five-year period prior to the instant offense of a violation of (i) assault and battery and other crimes against the person when the victim of that crime was the same person who was the victim of the stalking activity in the instant conviction, (ii) domestic assault, or (iii) a protective order, such person is guilty of a Class 6 felony.

A BILL to amend and reenact §§ 18.2-60.3 and 18.2-308.1:4 of the Code of Virginia, relating to felony punishment for a second stalking conviction.

13104622D

H.B. 2235 Firearms; increases penalties for use, display, or discharge during commission of certain felonies.

Patron: Lingamfelter

Use, display, or discharge of firearm in committing felony. Increases (exclusively mandatory minimum) penalties for use or display of a firearm during the commission of certain felonies from three to four years for a first offense and from five to six years for a second or subsequent offense.

A BILL to amend and reenact § 18.2-53.1 of the Code of Virginia, relating to use, display, or discharge of firearm in committing felony; penalty.

13104019D

H.B. 2266 Wiretapping; authorization for monitoring by sheriff's office.

Patron: Greason

Wiretap monitoring by sheriff's office. Provides that when the Attorney General or Chief Deputy Attorney General applies to a court for a wiretap authorization he may also apply for authorization for the observation or monitoring of the interception by a sheriff's office of a county or city. Under current law the observation or monitoring is limited to a police department.

A BILL to amend and reenact § 19.2-66 of the Code of Virginia, relating to authorization for wiretap monitoring by a sheriff's office.

13103549D

H.B. 2269 Mandatory minimum sentences; term of confinement shall be served consecutively.

Patron: Bell, Robert B.

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.

13100817D

H.B. 2294 Inmates; carnal knowledge, expansion to include defendants on bond, penalty is Class 1 misdemeanor.

Patron: Wilt

Carnal knowledge of an inmate; expansion to include defendants on bond. Provides that an accused is guilty of carnal knowledge of a pretrial defendant or posttrial offender if he (i) is an owner or employee of the bail bond company that posted the pretrial defendant's or posttrial offender's bond, (ii) has the authority to revoke the pretrial defendant's or posttrial offender's bond, and (iii) carnally knows, without use of force, threat, or intimidation, a pretrial defendant or posttrial offender. Such offense is a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-64.2 of the Code of Virginia, relating to carnal knowledge of an inmate; expansion to include defendants on bond.

13104905D

H.B. 2306 Eminent domain; just compensation paid for real property, tax assessments.

Patron: Ramadan

Eminent domain; just compensation; tax assessments. Provides that just compensation paid for real property taken pursuant to eminent domain shall not be less than the appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes when the entire parcel for which the assessment has been made is to be acquired, whichever is greater. Nothing in the bill makes evidence of tax assessments admissible as proof of value in an eminent domain proceeding. Under current law, just compensation shall not be less than the appraisal of fair market value if such an appraisal is required.

A BILL to amend and reenact §§ 25.1-204, 25.1-305, 25.1-417, 33.1-89, and 33.1-120 of the Code of Virginia, relating to eminent domain; just compensation; tax assessments.

13104657D

H.B. 2338 Criminal conviction; appeals to Court of Appeals, etc.,based on erroneously admitted evidence.

Patron: Miller

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 if the Commonwealth so elects.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-324.1, relating to erroneously admitted evidence; appeal.

13104687D