SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2014 SESSION

  • print version
House Committee on Courts of Justice

Chairman: David B. Albo

Date of Meeting: February 3, 2014
Time and Place: 1/2 hour after adjournment of House in HRC

H.B. 15 Conflict of Interests Acts, State and Local Government and General Assembly; gifts, disclosures.

Patron: Marshall, R.G.

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; gifts; disclosures. Requires the disclosure on statements of economic interests for legislators and certain state and local government officers of gifts in excess of $100 made to immediate family members if such gift is made by a business, governmental entity, or individual that has transacted or is transacting business with the Commonwealth or its agencies, departments, or political subdivisions within 12 months from the date of the gift. "Immediate family member" is defined, for the purposes of gifts, to include (i) the filer's spouse; (ii) dependents residing with the filer; (iii) the filer's or his spouse's parent, grandparent, child, grandchild, brother, and sister; and (iv) any person habitually cohabiting with the filer in a relationship analogous to a marriage. The bill requires that legislators disclose gifts in excess of $100 accepted during a regular session of the General Assembly within five business days of the acceptance of the gift.

The bill also requires the disclosure on statements of economic interests for legislators and certain state and local government officers of liabilities owed by businesses in which the filer or an immediate family member holds an ownership interest.

Impact Statements

H.B. 43 Federal firearms laws; enforcement.

Patron: Marshall, R.G.

Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2013, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

Impact Statements

H.B. 49 Unlawful dissemination or sale of images of another; person is guilty of Class 1 misdemeanor.

Patron: Simon

Unlawful dissemination or sale of images of another. Provides that a person is guilty of a Class 1 misdemeanor if he, with the intent to cause substantial emotional distress, disseminates or sells any videotape, photograph, film, or other videographic or still image or reproduction thereof that depicts another person who is totally nude, in a state of undress, or engaged in sexual conduct where such person knows or has reason to know that he is not licensed or privileged to do so and the person depicted suffers substantial emotional distress.

Impact Statements

H.B. 91 Persons not guilty by reason of insanity; court-appointed counsel fees.

Patron: Habeeb

Persons not guilty by reason of insanity; court-appointed counsel fees. Increases from $25 to $75 the fee paid to court-appointed counsel representing a person in a civil commitment proceeding under Title 19.2 (Criminal Procedure). The bill also provides that court-appointed counsel representing a person who was acquitted of a felony by reason of insanity in a hearing to assess the need for inpatient hospitalization of the acquittee shall be paid a fee not to exceed $445 based on an hourly rate set by the Supreme Court of Virginia. This bill is a recommendation of the Judicial Council.

Impact Statements

H.B. 96 Suspended or revoked license; person who drives motor vehicle and causes death of another person.

Patron: Head

Driving on a suspended or revoked license and causing the death of another person; penalty. Provides that any person who drives a motor vehicle in a reckless manner knowing his driver's license is suspended or revoked and causes an accident that results in the death of another person is guilty of a Class 6 felony.

Impact Statements

H.B. 138 Magistrates; authorized to exercise powers regarding search warrants throughout Commonwealth.

Patron: Pogge

Magistrates; territorial jurisdiction; search warrants. Authorizes magistrates to exercise powers regarding search warrants throughout the Commonwealth.

H.B. 171 Crime victim rights; offenses by juveniles.

Patron: Farrell

Crime victim rights; offenses by juveniles. Expands the list of offenses for which a victim of a delinquent act committed by a juvenile may request that the victim be informed of the charge brought, the findings of the court, and the disposition of the case to include violations of assault and battery, stalking, violation of a protective order, sexual battery, or attempted sexual battery that would be misdemeanors if committed by an adult. The bill also provides that the definition of "victim" for purposes of the Crime Victim and Witness Rights Act includes victims of certain delinquent acts.

H.B. 180 Invention development services; required disclosure, civil penalty.

Patron: Farrell

Invention development services; disclosure and civil penalty. Requires each contract for invention development services to include on its cover sheet a disclosure that the contract is a fee-for-service with no guarantees as to the outcome, a disclosure of the average amount of money spent by the invention developer per customer in promoting an invention, and information as to how to file a complaint regarding invention development services with the Office of the Attorney General. The measure also increases the maximum amount of a civil penalty that the Attorney General may recover in an enforcement action from $3,000 to $25,000. The measure also clarifies that collected civil penalties will be deposited in the general fund. This bill is a recommendation of the Joint Commission on Technology and Science.

Impact Statements

H.B. 206 Higher educational institutions, four-year; mental health resources, online module and assessment.

Patron: Hope

Four-year public institutions of higher education; mental health resources, online module, and online assessment. Requires each four-year public institution of higher education in the Commonwealth to create and feature on its website a page with information dedicated solely to the mental health resources available to students at the institution. The bill requires the Department of Behavioral Health and Developmental Services, in conjunction with the State Council of Higher Education for Virginia, to create (i) a website that directs students to each institution's mental health resources page, (ii) an online interactive module on mental health, and (iii) a criterion-referenced online assessment to test each student's comprehension of the content of the module. The bill requires each incoming student to participate in the module and receive a passing score on the assessment.

The bill also requires the governing board of each public institution of higher education to develop and implement policies that advise students, faculty, and staff, including residence hall staff, of the proper procedures for identifying and addressing the needs of students exhibiting symptoms of depression, anxiety, or self-destructive behavior in addition to suicidal tendencies or behavior as required in current law. The bill has a delayed effective date of July 1, 2015.

Impact Statements

H.B. 235 Sex Offender & Crimes Against Minors Registry Act; amends to add solicitation of prostitution.

Patron: Bell, Robert B.

Sex Offender and Crimes Against Minors Registry Act; solicitation of prostitution; minors. Amends the Sex Offender and Crimes Against Minors Registry Act to add solicitation of prostitution from a minor.

Impact Statements

H.B. 271 Candidate filing requirements; gift disclosures.

Patron: Bulova

Candidate filing requirements; gift disclosures. Requires candidates for Governor, Lieutenant Governor, Attorney General, and the General Assembly to file gift disclosure information based on the information reportable under Schedule E of the Conflicts of Interests Acts' statement of economic interests for Governor, Lieutenant Governor, Attorney General, and General Assembly members. The Schedule E information will be filed with the State Board of Elections and as part of the candidate's periodic campaign finance reports.

Impact Statements

H.B. 293 Temporary detention; determining facility for individual.

Patron: Bell, Robert B.

Determining facility of temporary detention. Provides that an individual for whom a temporary detention order is issued shall be detained in a state facility unless the state facility or an employee or designee of the community services board is able to identify an alternative facility that is able and willing to provide temporary detention. The bill directs the Department of Behavioral Health and Developmental Services to establish an acute care psychiatric bed registry that shall provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.

Impact Statements

H.B. 323 Temporary detention order; transportation.

Patron: O'Bannon

Temporary detention order; transportation. Provides that the law-enforcement agency specified to execute a temporary detention order and transport the person who is the subject of the order shall be any law-enforcement agency that is willing and able to execute the order and provide transportation or, if no other law-enforcement agency is willing and able to execute the order and provide transportation, the law-enforcement agency of the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located.

Impact Statements

H.B. 326 Unlawful dissemination or sale of images of another; person is guilty of Class 1 misdemeanor.

Patron: Bell, Robert B.

Unlawful dissemination or sale of images of another. Provides that a person is guilty of a Class 1 misdemeanor if he, with the intent to coerce, harass, or intimidate the depicted person, maliciously disseminates or sells any videotape, photograph, film, or other videographic or still image or reproduction thereof that depicts another person who is totally nude, in a state of undress, or engaged in sexual conduct where such person knows or has reason to know that he is not licensed or authorized to do so. If the depicted person is under the age of 18, the penalty is a Class 6 felony.

Impact Statements

H.B. 344 Harassment by computer; impersonating another, penalty.

Patron: Taylor

Harassment by computer; impersonating another; penalty. Makes it a Class 6 felony for a person having assumed the identity of another living individual to use a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, make an obscene proposal, or threaten an illegal or immoral act.

Impact Statements

H.B. 478 Emergency custody orders; duration, extension.

Patron: Villanueva

Emergency custody orders; duration; extension. Provides for a second two-hour extension of the time during which a person may be held pursuant to an emergency custody order.

Impact Statements

H.B. 485 Abduction and prostitution offenses; administrative subpoena for electronic communication service.

Patron: Hugo

Administrative subpoena for electronic communication service or remote computing service records; abduction and prostitution offenses. Adds certain abduction and prostitution offenses to the list of crimes for which attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation.

H.B. 486 Human trafficking of children; reports and investigation.

Patron: Hugo

Human trafficking of children; reports and investigation. Requires individuals currently required to report suspected child abuse or neglect to also report suspected cases of human trafficking of a child and specifies the duties of local departments of social services and courts with regard to investigating complaints of suspected human trafficking of a child.

Impact Statements

H.B. 487 Fiduciaries; letters of administration, bond without surety.

Patron: Knight

Fiduciaries; letters of administration; bond without surety. Provides that certificates of qualification and letters of administration for obtaining probate must state the amount of any surety required, or that no surety was required. The bill also requires good cause be shown in order for a circuit court, or circuit court clerk, having authority to appoint a personal representative to allow that representative to give bond without surety where the amount coming into possession of the personal representative is $15,000 or less. The bill also provides that no personal representative giving bond without surety under this section shall be permitted control over a decedent's property valued in excess of $15,000.

H.B. 492 Notaries; non-English advertising, notice requirement.

Patron: Albo

Notaries; advertising; notice requirement. Prohibits a notary public from offering or providing legal advice to any person in immigration matters or representing any person in immigration proceedings unless such notary public is an attorney or a federally accredited representative. The bill requires notaries to include in any non-English advertising a statement that the notary is not licensed to practice law and has no authority to give advice on immigration or other legal matters and provides for civil penalties and revocation for failing to include the required statement in advertising.

H.B. 511 Juveniles; deferral and dismissal of serious offenses.

Patron: Morris

Deferral and dismissal of serious juvenile offenses. Provides that the juvenile court or circuit court hearing the case shall not, except with the concurrence of the attorney for the Commonwealth, defer disposition for any criminal offense alleged to have been committed by a juvenile for which transfer to a circuit court is mandatory or for which transfer to a circuit is mandatory upon notice to the court by the attorney for the Commonwealth (serious juvenile offenses set forth in subsection B and C of § 16.1-269.1) or for any gang-related felony offense described in § 18.2-46.2 or 18.2-46.3.

Impact Statements

H.B. 523 Sex Offenders and Crimes Against Minors Registry; registration of juveniles, etc.

Patron: Albo

Registration of juveniles; petition for removal from registry. Requires juveniles adjudicated delinquent of rape, forcible sodomy, or object sexual penetration to register on the Sex Offender and Crimes Against Minors Registry. The bill also provides a procedure for removal of the name of a person who was adjudicated delinquent as a juvenile from the Registry.

Impact Statements

H.B. 567 Assault; touching a person's intimate parts, penalty.

Patron: Watts

Assault by touching a person's intimate parts; penalty. Provides that the penalty for a person who commits a simple assault, a Class 1 misdemeanor, by touching the intimate parts of another person or material directly covering such intimates parts shall include a term of confinement of at least six months with a 30-day mandatory minimum sentence.

Impact Statements

H.B. 574 Mandatory outpatient treatment; judge shall order for voluntarily and involuntarily admitted person.

Patron: Yost

Mandatory outpatient treatment. Specifies that upon motion and prior to the release date of (1) any person who has been the subject of a temporary detention order and voluntarily admitted himself or (2) any involuntarily admitted person, the judge or special justice shall order mandatory outpatient treatment for such person if he finds by clear and convincing evidence that (i) the person has a history of lack of compliance with treatment for mental illness and as a result of such noncompliance, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) involuntarily admitted pursuant to § 37.2-817 or (b) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814; (ii) in view of the person's treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment; (iii) as a result of mental illness, the person is unlikely to voluntarily participate in outpatient treatment unless the court enters an order authorizing discharge to mandatory outpatient treatment following inpatient treatment; (iv) the person has agreed to abide by his discharge plan and has the ability to do so; (v) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person;  and (vi) the person is likely to benefit from mandatory outpatient treatment. The bill also specifies that a judge or special justice may authorize the treating physician to discharge the person to mandatory outpatient treatment under a discharge plan if the judge or special justice finds the same criteria as above. The bill also authorizes the judge or special justice to consider hearsay and other types of evidence when considering the history of lack of compliance of a patient.

Impact Statements

H.B. 584 Competency to stand trial; recommended treatment by qualified mental health expert.

Patron: O'Bannon

Competency to stand trial; recommended treatment. Provides that in cases in which the evaluation report prepared by a qualified mental health expert indicates that the defendant requires treatment, the report shall state whether inpatient or outpatient treatment is recommended.

H.B. 585 Criminal defendant; competency reports for restoration providers.

Patron: O'Bannon

Competency of criminal defendant; reports for restoration providers. Requires the defendant's attorney to make available to the director of the community services board, behavioral health authority, or inpatient facility charged with treating the defendant the psychiatric record and other information deemed relevant and submitted by the defendant's attorney to the evaluator. Current law requires that the evaluator's competency report be made available to the treating entity but there is no time limit. The bill requires that all of these records and reports be made available to the treating entity within 96 hours of the issuance of the court order requiring treatment to restore competency.

Impact Statements

H.B. 595 Criminal Justice Services, Department of; human trafficking policy.

Patron: BaCote

Department of Criminal Justice Services; human trafficking policy. Requires the Department of Criminal Justice Services to establish compulsory training standards and publish and disseminate a model policy or guideline for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses and the identification of victims of human trafficking offenses.

Impact Statements

H.B. 624 Protective orders; companion animals.

Patron: Watts

Protective orders. Provides that a court may include in a protective order provisions prohibiting harm to a companion animal.

Impact Statements

H.B. 637 Involuntary commitment; increases special justice and attorney fees.

Patron: Campbell

Involuntary commitment; special justice and attorney fees. Increases the fee paid to special justices for hearings for involuntary commitment from $86.25 to $150 and for certification hearings and orders for judicial authorization of treatment from $43.25 to $75 and increases fees paid to attorneys appointed in involuntary commitment from $75 to $120 and for guardianship cases from $43.25 to $75.

Impact Statements

H.B. 698 Campus police and school security officers; assault and battery, penalty.

Patron: Ransone

Assault and battery of campus police and school security officers; penalty. Adds campus police officers and school security officers and includes all full-time or part-time school personnel to the list of persons for which an enhanced penalty applies if such person is victimized because of his position.

Impact Statements

H.B. 707 Digital impersonation; penalty.

Patron: Gilbert

Digital impersonation; penalty. Provides that a person who knowingly and without authorization credibly impersonates a living individual through or on an Internet website or by any other electronic means with the intent to harass, intimidate, or defraud another person is guilty of a Class 1 misdemeanor.

Impact Statements

H.B. 708 Assault and battery; family or household member.

Patron: Gilbert

Assault and battery against a family or household member. Adds unlawful wounding in violation of § 18.2-51 and strangulation in violation of § 18.2-51.6 to the list of offenses that, if a person has been previously convicted of two such offenses within a 20-year period and such offenses occurred on different dates, enhance the penalty of assault and battery against a family or household member from a Class 1 misdemeanor to a Class 6 felony.

Impact Statements

H.B. 731 Virginia Fraud Against Taxpayers Act; civil damages for employment discrimination.

Patron: Lingamfelter

Virginia Fraud Against Taxpayers Act; civil damages for employment discrimination. Allows the person bringing the civil action for a violation of the Virginia Fraud Against Taxpayers Act to include as a named party the officer or employee of the Commonwealth alleged to have committed the violation. The bill further provides that in an action seeking relief from employment discrimination connected to an employee's involvement in furtherance of an action under the Act, if the court finds that an individual named as a party knowingly or willfully discriminated against an employee, contractor, or agent, the court shall order that such individual contribute to any relief awarded to be paid by the Commonwealth in an amount not to exceed $2,500. The contribution shall be paid directly by the individual.

H.B. 743 Mental health; prohibition of firearms.

Patron: McClellan

Mental health; prohibition of firearms. Provides that the district court judge or special justice shall forward any order from a commitment hearing for involuntary admission or involuntary outpatient treatment to the clerk of court for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing.

The bill provides that a copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place "as soon as practical, but no later than the close of business on the next business day following the completion of the hearing." Current law does not specify in which county or city the copy shall be filed, nor does it provide a deadline.

The bill also changes from "forthwith" to a deadline of "as soon as practical but no later than the close of business on the following business day" for a clerk to certify and forward to the Central Criminal Records Exchange a copy of any order adjudicating a person incapacitated, any order appointing a conservator or guardian, or any order of restoration of capacity.

H.B. 746 Conflict of Interest Acts, State and Local Gov't. and General Assembly; gifts, disclosures.

Patron: Kory

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; gifts; disclosures. Requires the disclosure on statements of economic interests for legislators and certain state and local government officers of gifts in excess of $100 made to immediate family members if the gift is made by a business, governmental entity, or individual that has transacted or is transacting business with the Commonwealth or its agencies, departments, or political subdivisions within 12 months from the date of the gift. "Immediate family member" is defined, for the purposes of gifts, to include (i) the filer's spouse; (ii) dependents residing with the filer; and (iii) the filer's or his spouse's parent, grandparent, child, grandchild, brother, and sister. In addition, the bill provides circumstances for consideration in determining whether the individual providing a gift is a personal friend whose gifts do not require disclosure.

The bill requires that legislators disclose gifts in excess of $1,000 accepted during a regular session of the General Assembly within five business days of the acceptance of the gift.

The bill also requires the disclosure on statements of economic interests for legislators and certain state and local government officers of liabilities owed by businesses in which the filer or an immediate family member holds a greater than three percent equity ownership interest.

Impact Statements

H.B. 767 Crimes; seizure and forfeiture of property.

Patron: Bulova

Seizure and forfeiture of property used in connection with the commission of larcenies; certain other crimes. Provides that property used in connection with certain crimes associated with human trafficking is subject to forfeiture to the Commonwealth. The bill also removes certain duplicative offenses from an asset forfeiture statute pertaining only to automobiles.

H.B. 803 Crimes; seizure and forfeiture of property.

Patron: Simon

Seizure and forfeiture of property used in connection with the commission of larcenies; certain other crimes. Provides that property used in connection with certain crimes associated with human trafficking is subject to forfeiture to the Commonwealth. The bill also removes certain duplicative offenses from an asset forfeiture statute pertaining only to automobiles. The bill also expands the asset forfeiture statute pertaining to automobiles to include watercraft and vehicles used in attempted robbery.

H.B. 810 Firearms; willful discharge, penalty.

Patron: Carr

Willful discharge of firearms with no discernible or designated target; penalty. Provides that any person who willfully discharges a firearm with no discernible or designated target within two miles of any occupied building and such conduct results in the death of another person is guilty of a Class 5 felony. The bill also provides that such conduct that does not result in the death of another but results in bodily injury to another person is a Class 6 felony. Finally, the bill provides that such conduct that does not result in the death of or bodily injury to another is a Class 1 misdemeanor.

Impact Statements

H.B. 829 Automated sales suppression device; penalties.

Patron: Keam

Automated sales suppression device; penalties. Makes it a Class 6 felony to willfully and knowingly sell, purchase, install, transfer, or possess an automated sales suppression device. An automated sales suppression device is an electronic means of falsifying records of cash registers and other point-of-sale systems. A guilty party is also subject to a $10,000 civil penalty and revocation of any registration, license, or bond issued pursuant to the tax laws of the Commonwealth.

Impact Statements

H.B. 885 Criminal Injuries Compensation Fund; filing of claims.

Patron: Peace

Criminal Injuries Compensation Fund. Allows the Fund to extend the time for filing a claim if the attorney for the Commonwealth submits written notice that the crime is being investigated as a result of newly discovered evidence. The bill applies to crimes committed on or after July 1, 1977, because under current law, the only claims that can be accepted are those for crimes that occurred on or after that date. The bill does not apply to crimes committed on or after July 1, 2001, because legislation that became effective on July 1, 2001, allowed the Virginia Workers' Compensation Commission, which administers the Fund, to extend the time for filing for good cause shown.

Impact Statements

H.B. 972 Protective orders; companion animals.

Patron: Cline

Protective orders; companion animals. Provides that a court may include in a protective order provisions granting to the petitioner the care, custody, and control of an animal jointly owned, possessed, or cared for by (i) the petitioner and the respondent or (ii) a child residing in the petitioner's household and the respondent.

Impact Statements

H.B. 976 Homicides, certain; accessories after the fact.

Patron: Cline

Accessories after the fact to certain homicides. Provides that an accessory after the fact to a homicide offense that is punishable by death or as a Class 2 felony is guilty of a Class 6 felony. Currently, accessories after the fact to any felony are guilty of a Class 1 misdemeanor.

Impact Statements

H.B. 994 Human trafficking; penalties.

Patron: Comstock

Human trafficking; penalties. Creates new felonies for trafficking in persons for forced labor or sexual servitude. The bill adds definitions of coercion, commercial sexual activity, debt bondage, and serious harm.

Impact Statements

H.B. 1015 Trespass; signs prohibiting firearms posted on noresidential building.

Patron: Berg

Trespass; signs prohibiting trespass. Provides that a nonresidential building shall not be considered to be posted no trespassing with regard to signs prohibiting the carrying of a firearm or a particular type of firearm unless such signs (i) have been posted where they may reasonably be seen at all entrances to the building or to the part of the building to which the restriction applies, (ii) state the nature of the prohibition in conspicuous type, and (iii) have dimensions of at least five inches by seven inches.

H.B. 1084 Permits and approvals, certain; damages for unconstitutional grant or denial by locality.

Patron: Morris

Damages for unconstitutional grant or denial by locality of certain permits and approvals. Provides that any applicant aggrieved by the grant or denial by a locality of any approval or permit, however described or delineated, where such grant included, or denial was based upon, an unconstitutional condition pursuant to the United States Constitution or Constitution of Virginia, shall be entitled to an award of damages, reasonable attorney fees, and court costs and to an order remanding the matter to the locality with a direction to grant or issue such permits or approvals without such conditions. The bill also provides that once an unconstitutional condition has been proven by the aggrieved applicant to have been a factor in the grant or denial of the approval or permit, the court shall presume, absent clear and convincing evidence to the contrary, that such applicant's acceptance of or refusal to accept the unconstitutional condition was the controlling basis for such impermissible grant or denial.

Impact Statements

H.B. 1112 Controlled substance analogs; regulation by Board of Pharmacy, synthetic cannabinoids, penalties.

Patron: Garrett

Controlled substance analogs; regulation by Board of Pharmacy; synthetic cannabinoids; penalties. Authorizes the Board of Pharmacy to place controlled substance analogs (a substance that has a substantially similar chemical structure to a controlled substance in Schedule I or II and that has or is intended to have the same or a greater stimulant, depressant, or hallucinogenic effect on the central nervous system) into the list of controlled substances found in Schedule I or II via an expedited regulatory process. Such controlled substance analogs are subject to the same penalties as those for the actual drug. The bill also repeals the specific criminal penalties for possession, etc., of synthetic cannabinoids and places synthetic cannabinoids into the list of controlled substances in Schedule I, where they will be subject to the same penalties as those for other Schedule I controlled substances with the exception of simple possession, which will be penalized as a Class 1 misdemeanor instead of as a Class 5 felony.

Impact Statements

H.B. 1124 Dams; liability of owners or operators of dams.

Patron: Orrock

Liability of owners or operators of dams. Requires the owner of a dam, prior to conveying ownership of the dam or decommissioning the dam to a third party, to notify the Director of the Department of Conservation and Recreation of the transfer in accordance with the Virginia Impounding Structure Regulations requirements.

Impact Statements

H.B. 1126 Witnesses; protection of identity.

Patron: Ramadan

Protection of witness identity. Provides that a court may allow a witness in a criminal case to testify while wearing a disguise designed to conceal the witness's identity, using a pseudonym, or both if protection of the identity of the witness is necessary to further an important public policy and the reliability of the evidence presented by the witness whose identity would be protected is otherwise assured. The attorney for the Commonwealth may file a motion prior to trial seeking to protect a witness's identity and, if the defendant objects, the court shall hold an in camera hearing on the motion.

H.B. 1155 Crimes; seizure and forfeiture of property.

Patron: Comstock

Seizure and forfeiture of property used in connection with the commission of larcenies; certain other crimes. Provides that property used in connection with certain crimes associated with human trafficking is subject to forfeiture to the Commonwealth. The bill also removes certain duplicative offenses from an asset forfeiture statute pertaining only to automobiles.

Impact Statements

H.B. 1157 Jurors; persons liable to serve.

Patron: Leftwich

Persons liable to serve as jurors. Provides that, for purposes of determining whether a person is liable to serve as a juror, military personnel of the United States Marine Corps and Coast Guard are not considered residents of the Commonwealth merely by reason of being stationed in the Commonwealth. Members of the United States Army, Air Force, and Navy are likewise not considered Commonwealth residents under current law.

H.B. 1159 Political contributions; prohibitions during procurement process.

Patron: Rasoul

Political contributions; prohibitions during procurement process. Includes the mayor or chief executive officer of a locality, school superintendent, and any member of a local governing body, planning commission, or school board in the current prohibition against knowingly soliciting or accepting a contribution, gift, or other item with a value greater than $50 from any bidder, offeror, or private entity who has submitted a bid or proposal pursuant to the Virginia Public Procurement Act, the Public-Private Transportation Act, or the Public-Private Education Facilities and Infrastructure Act during the bidding period. The restrictions only apply if the stated or expected value of the contract is $5 million or more and do not apply to contracts awarded as the result of competitive sealed bidding. Furthermore, no bidder, offeror, or private entity who has submitted a bid or proposal under such acts shall offer or promise to make such a gift to the mayor or chief executive officer of a locality, school superintendent, or any member of a local governing body, planning commission, or school board. Any violation shall be subject to a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater.

H.B. 1172 Temporary detention; procedure for transferring person.

Patron: Bell, Robert B.

Temporary detention; transfer. Establishes a procedure for transferring custody of a person who is the subject of a temporary detention order from one facility to another facility.

H.B. 1196 Clerks offices; recordation, possession of child pornography, wills, etc.

Patron: Cline

Clerks offices; recordation; possession of child pornography; wills; when security is required; written notice of probate. Provides that the secretary of an organized fire-fighting company may designate duties to another individual to include filing documentation with the circuit court. The bill also removes the requirement in the Uniform Federal Lien Registration Act that a filing officer endorse on the notice of a federal lien the title and address of the official or entity certifying the lien.

The bill also provides that clerks may possess evidence of child pornography in the course of their duties provided such possession is for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose. The bill also provides that clerks shall receive evidence at the time of admission and shall maintain control until the evidence is transferred on appeal, or destroyed or returned in accordance with law.

The bill also provides that the recorded orders of each day's circuit court proceedings shall be deemed to satisfy the requirements for official records when the judge's signature is shown in the order, the judge's signature is shown in the order book, or an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

The bill also provides that upon motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the clerk may require that the decedent's personal representative furnish security and raises from $5,000 to $15,000 the threshold value of the assets of an estate below which a personal representative is not required to provide notices to certain heirs and beneficiaries.

H.B. 1211 Conflicts of Interests Acts, State and Local Government & General Assembly; establishes Council.

Patron: Gilbert

State and Local Government Conflict of Interests Act and General Assembly Conflicts of Interests Act; Virginia Conflict of Interest and Ethics Advisory Council. Establishes the Virginia Conflict of Interest and Ethics Advisory Council composed of 14 members: four appointments each by the Speaker of the House of Delegates, Senate Committee on Rules, and Governor; one designee of the Attorney General and one representative of the Virginia Association of Counties and Virginia Municipal League. The Council will elect its chairman and vice-chairman and choose its executive director. The Council will review and post online the disclosure forms filed by lobbyists and persons subject to the conflict of interests acts and provide formal opinions and informal advice, education, and training. The bill requires the filing of the disclosure forms twice a year. It provides that the Division of Legislative Services will staff the Council, and the House and Senate Clerks will transmit complaints of conflict law violations to the ethics advisory panels of the House of Delegates and Senate. The bill prohibits tangible gifts with a value of more than $250 from lobbyists to certain executive officers and employees and to legislators. A number of disclosure provision thresholds are reduced from $10,000 to $5,000 and gifts to immediate family members are made subject to disclosure.

Impact Statements

H.B. 1216 DBHDS; evaluate qualifications and training of individuals performing evaluations of individuals.

Patron: Bell, Robert B.

DBHDS; evaluate qualifications and training of individuals performing evaluations of individuals subject to emergency custody orders; report. Directs the Department of Behavioral Health and Developmental Services to review requirements for qualifications, training, and oversight of individuals designated by community services boards to perform evaluations of individuals subject to emergency custody orders and to make recommendations for changes to such requirements. The Department shall report its findings by December 1, 2014.

Impact Statements

H.B. 1222 First responders; mental health education and training.

Patron: Watts

Mental health education and training for first responders. Directs the Department of Behavioral Health and Developmental Services to develop and implement a program of education and training for local law-enforcement personnel, emergency medical services personnel, and other first responders that addresses the signs and symptoms of mental illness and ways law-enforcement personnel, emergency medical services personnel, and other first responders can assist individuals experiencing mental health crises.

H.B. 1232 Acute psychiatric bed registry; DBHDS to establish, emergency clause.

Patron: Cline

Acute psychiatric bed registry; create. Directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.

EMERGENCY

Impact Statements

H.B. 1241 Driver's licenses; issuance of original licenses to minors, etc.

Patron: Webert

Issuing original driver's licenses to minors. Provides that when a judge presides over a ceremony to issue original driver's licenses to minors, the judge shall notify the attorney for the Commonwealth of the time, date, and location of the ceremony and give the attorney for the Commonwealth the opportunity to participate in the ceremony and to address the licensees.

H.B. 1251 Sex offenders; reregistration, name change.

Patron: Ramadan

Sex offenders; reregistration; name change. Provides that a person required to register with the Sex Offender and Crimes Against Minors Registry must reregister in person with the local law-enforcement agency within three days following a change of the person's name and that a person who is incarcerated or civilly committed must notify the Registry within three days following a name change. Currently, there is no time specified for when such person has to reregister. The bill also requires that the information contained in the Registry must include any former name of a person required to register if he has lawfully changed his name during the period for which he is required to register.

Impact Statements