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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 15, 2013
Time and Place: 8 AM / Senate Room A

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. 1554 Risk management plans; insurance coverage for sheriffs, limitation on liability.

Patron: Loupassi

Risk management insurance coverage for sheriffs; limitation of liability. Provides that no sheriff or sheriff's appointee, agent, or representative shall be liable in his individual capacity for any civil judgment in excess of the maximum liability coverage provided under the risk management insurance plan.

   A BILL to amend and reenact § 2.2-1839 of the Code of Virginia, relating to risk management; insurance coverage for sheriffs; limitation on liability.

13104810D

H.B. 1630 Virginia Real Estate Time-Share Act; developer control in time-share estate program, control liens.

Patron: Cosgrove

Virginia Real Estate Time-Share Act; developer control in time-share estate program; control liens; foreclosure procedure. Provides that in addition to the current developer control termination provisions and to the extent that the purchase contract or time-share instrument does not expressly provide otherwise, the developer control period shall terminate when the developer is no longer the beneficiary on deeds of trust secured on at least 20 percent of the time-share estates. Under current law, the transfer must occur when the developer has (i) transferred to purchasers legal or equitable ownership of at least 90 percent of the time-share estates or (ii) completed all of the promised common elements and facilities comprising the time-share estate project, whichever occurs last. Under the bill, the commissioner of accounts to whom an account of sale is returned in connection with the foreclosure shall be entitiled to a fee, not to exceed $70, on each such sale. The bill includes a second enactment clause stating the intent of the General Assembly that the provisions of the bill relating to the developer control period shall apply retroactively to all registered time-share projects to the extent that the purchase contract or time-share instrument does not expressly provide otherwise. The bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 55-369 and 55-370 of the Code of Virginia, relating to the Virginia Real Estate Time-Share Act; developer control in time-share estate program; control liens; foreclosure procedure.

13100747D

H.B. 1642 Rights of parents; fundamental right to make decisions concerning care, etc., of their children.

Patron: Pogge

Rights of parents. Provides that a parent has a fundamental right to make decisions concerning the care, custody, and control of the parent's child. The bill further provides that the provisions of the bill are declarative of existing law. 

A BILL to amend the Code of Virginia by adding a section numbered 1-240.1, relating to rights of parents.

13104435D

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. 1720 Alcoholic beverages; person not requiring evidence of legal age is guilty of Class 3 misdemeanor.

Patron: Head

Alcoholic beverage control; proof of legal age required. Provides that any person selling alcoholic beverages to an individual shall require the individual to present a photo identification form issued by a governmental agency that contains the individual's complete name, height, weight, and date of birth indicating that the individual is 21 years of age or older. The bill excludes student identification cards as bona fide evidence of legal age. Failure to require identification is punished as a Class 3 misdemeanor.

A BILL to amend and reenact § 4.1-304 of the Code of Virginia, relating to alcoholic beverage control; proof of legal age required; penalty.

13104899D

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. 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. 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. 1907 Handheld personal communications devices; primary offense for texting while driving, mandatory fine.

Patron: Anderson

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 increases the punishment of any person convicted of reckless driving to include a $500 mandatory minimum fine if the person was texting at the time of the reckless driving 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 increases the punishment of any person convicted of reckless driving to include a $500 mandatory minimum fine if the person was texting at the time of the reckless driving offense. The bill incorporates HB 1357, HB 1360, HB 1495, HB1540, HB 1848, and HB 1883.

A BILL to amend and reenact §§ 46.2-868 and 46.2-1078.1 of the Code of Virginia, relating to unlawful use of handheld personal communications devices while driving; penalty.

13104350D

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. 2008 Criminal sentencing; mandatory minimum sentences, work release programs.

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

H.B. 2093 Circuit court judges; increases number in Fifteenth Judicial Circuit.

Patron: Peace

Number of circuit court judges; Fifteenth Circuit. Creates an additional circuit court judgeship in the Fifteenth Judicial Circuit (City of Fredericksburg and Counties of Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, and Westmoreland).

A BILL to amend and reenact § 17.1-507 of the Code of Virginia, relating to number of circuit court judges; Fifteenth Circuit.

13100381D

H.B. 2272 Motor vehicle accident; satisfaction of judgments for damages, suspensions requested by creditor.

Patron: Johnson

Satisfaction of judgments; motor vehicle accident. Provides that a suspension of a judgment debtor's driver's license shall not extend (i) beyond 10 years from the date of judgment for any civil judgment obtained in a general district court or (ii) beyond 20 years from the date of judgment for any civil judgment obtained in a circuit court. The bill has a delayed effective date of January 1, 2014.

A BILL to amend and reenact §§ 46.2-417 and 46.2-427 of the Code of Virginia, relating to satisfaction of judgments for damages in a motor vehicle accident.

13101776D

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. 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