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2014 SESSION

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Senate Committee on Courts of Justice

Chairman: Thomas K. Norment, Jr.

Clerk: Hobie Lehman
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 15, 2014
Time and Place: 1/2 Hour after adjournment / SR B
updated to add SB 14

S.B. 6 DNA; adds certain crimes to list for which a sample must be taken upon arrest.

Patron: Stuart

DNA sample upon arrest. Adds the following crimes to the list of crimes for which a DNA sample must be taken upon arrest for commission or attempted commission: sexual battery, peeping or spying into a dwelling, penetration of mouth of a child with lascivious intent, indecent exposure, and obscene sexual display.

A BILL to amend and reenact § 19.2-310.2:1 of the Code of Virginia, relating to DNA samples upon arrest.

14100956D

S.B. 13 Hunting dogs, etc.; permission from landowner to retrieve from property.

Patron: Garrett

Retrieval of hunting dogs and other animals. Requires a hunter to make a good faith effort to obtain permission from the landowner, his agent, or a person occupying a residence located on the property before entering the property to retrieve his hunting dogs, falcons, hawks, or owls from the property.

A BILL to amend and reenact § 18.2-136 of the Code of Virginia, relating to permission to retrieve dogs and other animals from private lands.

14100446D

S.B. 14 Crimes against nature; clarifies provisions of clause, penalty.

Patron: Garrett

Crimes against nature. Clarifies that engaging in consensual sodomy is not a crime if all persons participating are adults, are not in a public place, and are not committing, attempting to commit, conspiring to commit, aiding, or abetting any act in furtherance of prostitution. The bill states that an emergency exists and it is in force from its passage.

A BILL to amend and reenact § 18.2-361 of the Code of Virginia, relating to crimes against nature.

14100407D

EMERGENCY

S.B. 17 Electronic cigarettes; minors may not purchase or possess.

Patron: Miller

Electronic cigarettes; minors. Provides that minors may not purchase or possess electronic cigarettes and that no person may sell electronic cigarettes to a minor. The bill defines an electronic cigarette as any electronic device that can provide an inhaled dose of nicotine to the individual inhaling from the device and the components of such device, including liquid nicotine.

A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia, relating to electronic cigarettes; minors.

14100262D

S.B. 22 Suicide; abolishes common-law crime.

Patron: Ebbin

Common-law crime of suicide. Abolishes the common-law crime of suicide. Suicide is currently a common-law crime in Virginia, although there is no statutorily prescribed punishment.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-16.1, relating to abolishing the common-law crime of suicide.

14100178D

S.B. 33 Felony sentence; amends provision for sentence modification.

Patron: Stanley

Sentence modification; felony. Amends provision that allows felony sentence modification prior to transfer to the Department of Corrections to specify that the transfer must have been lawful.

A BILL to amend and reenact § 19.2-303 of the Code of Virginia, relating to suspension or modification of sentence.

14100871D

S.B. 34 Bail hearings; motions relating to bail or condition of release must be held as soon as practicable.

Patron: Stanley

Bail hearings. Provides that motions relating to bail or conditions of release must be held as soon as practicable but not later than three calendar days following the making of the motion. The bill provides exceptions for weekends, legal holidays, and good cause shown. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact § 19.2-158 of the Code of Virginia, relating to bail hearings.

14100873D

S.B. 35 Capital cases; appointment of counsel.

Patron: Stanley

Capital cases; appointment of counsel. Provides that when the defendant whose capital offense was charged by warrant in district court requests appointment of counsel, the case must be referred to the circuit court for appointment of counsel. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact § 19.2-163.7 of the Code of Virginia, relating to appointment of counsel in capital cases.

14100874D

S.B. 36 Writ of actual innocence; biological evidence, petitioners pro se.

Patron: Howell

Writ of actual innocence based on biological evidence; petitioners pro se. Provides that the Supreme Court shall not accept a petition for a writ of actual innocence based on biological evidence from a petitioner pro se unless such petition is accompanied by a certificate that a copy of the petition and all attachments has been sent to the attorney for the Commonwealth for the jurisdiction where the conviction or adjudication of delinquency occurred and to the Attorney General. This duplicates the practice for a pro se petition for a writ of actual innocence based on nonbiological evidence filed with the Court of Appeals. This bill is a recommendation of the Judicial Council.

A BILL to amend and reenact § 19.2-327.3 of the Code of Virginia, relating to writ of actual innocence based on biological evidence; petitioners pro se.

14101194D

S.B. 41 Assault and battery; conspiracy to commit is Class 1 misdemeanor.

Patron: Marsden

Assault and battery; conspiracy. Provides that conspiracy to commit misdemeanor assault or assault and battery is a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-23 of the Code of Virginia, relating to conspiring to commit assault and battery.

14101936D

S.B. 56 Persons not guilty by reason of insanity; court-appointed counsel fees.

Patron: McDougle

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.

A BILL to amend and reenact § 19.2-182 of the Code of Virginia, relating to persons not guilty by reason of insanity; court-appointed counsel fees.

14101223D

S.B. 65 Celebratory gunfire; penalty, (Brendon's Law).

Patron: Marsh

Brendon's Law; celebratory gunfire; penalty. Provides that any person who willfully discharges a firearm with no discernible or designated target within or into the limits of any city or town or within two miles of any occupied building and such conduct results in the death of another person is guilty of an offense punishable by confinement in a state correctional facility for not less than five nor more than 40 years. The bill also provides that such conduct that does not result in the death of another but does result in bodily injury to another person is a Class 3 felony. Finally, the bill provides that such conduct that does not result in the death or bodily injury to another is a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-280.1, relating to celebratory gunfire; penalty.

14100105D

S.B. 69 Pretrial appeals; transcript or written statement of facts.

Patron: Stuart

Pretrial appeals by Commonwealth. Provides that a petition for a pretrial appeal can be filed with the Court of Appeals not more than 14 days after the notice of the filing of a transcript or statement of facts is filed; under current law, the petition must be filed not more than 14 days after the actual transcript or written statement is filed. The bill provides that the notice of the filing of a transcript or written statement of facts by the attorney for the Commonwealth can be filed within three days of the filing of the transcript or written statement of facts or within 14 days of the order of the circuit court, whichever is later. The bill also removes the requirement that the Commonwealth be the filer of the transcript or statement of facts.

A BILL to amend and reenact §§ 19.2-402 and 19.2-405 of the Code of Virginia, relating to pretrial appeals; transcript or written statement of facts.

14101491D

S.B. 71 Emergency protective orders; arrests for certain offenses.

Patron: Stuart

Emergency protective orders; arrests for certain offenses. Defines a law-enforcement officer, for the purposes of obtaining an emergency protective order and for making arrests for assault and battery against a household member, stalking, and violation of a protective order, as any person authorized to make an arrest for a criminal offense, including special conservators of the peace.

A BILL to amend and reenact §§ 16.1-253.4, 19.2-18, and 19.2-81.3 of the Code of Virginia, relating to arrest for domestic assault; emergency protective orders; definition of law-enforcement officer.

14103119D

S.B. 93 Unlawful photographs or videos; Class 6 felony for person to publish on Internet.

Patron: Edwards

Publication of unlawful photographs; venue. Provides that it is a Class 6 felony for a person to publish on the Internet a photograph or video made in violation of the current law prohibiting filming, videotaping, or photographing a nonconsenting person in certain situations where there is an expectation of privacy. The bill also provides that venue for prosecution is the same as venue for computer crimes.

A BILL to amend and reenact §§ 18.2-386.1 and 19.2-249.2 of the Code of Virginia, relating to publication of images resulting from unlawful videotaping or photographing of another; venue.

14102569D

S.B. 96 Purchase, etc., of tobacco products by minors; vapor products.

Patron: Reeves

Purchase, etc., of tobacco products by minors; vapor products. Adds vapor products to the definition of tobacco products that cannot be sold to or purchased or possessed by a minor. The bill defines a vapor product as a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery, or circuit that can be used to heat a nicotine solution.

A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia, relating to purchase, etc. of tobacco products by minors; vapor products.

14100357D

S.B. 111 Criminal conviction; expungement of record.

Patron: Stanley

Expungement of criminal conviction record. Allows a person convicted of certain criminal offenses to petition to have his conviction expunged after a five-year period has expired following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence.

A BILL to amend and reenact §§ 19.2-392.1, 19.2-392.2, and 19.2-392.3, of the Code of Virginia, relating to expungement of criminal convictions.

14103167D

S.B. 114 Suit for personal injury; report from health care provider licensed outside of Commonwealth.

Patron: Stanley

Suit for personal injury; report from health care provider licensed outside of the Commonwealth. Provides that in a personal injury suit tried in a general district court or appealed to the circuit court, either party may present evidence of the injury, treatment, and cost through a report from a health care provider licensed outside of the Commonwealth for his treatment of the plaintiff outside of the Commonwealth.

A BILL to amend and reenact § 16.1-88.2 of the Code of Virginia, relating to suit for personal injury; report from health care provider licensed outside of the Commonwealth.

14102275D

S.B. 117 Methadone clinics; location near schools and day care centers, exemptions for existing facilities.

Patron: Watkins

Location of methadone clinics near schools and day care centers; exemptions for existing facilities and providers. Provides that licensed providers of methadone treatment that are exempt from restrictions regarding proximity to a school or day care center do not retain the exemption when relocating an existing facility or establishing a new facility.

A BILL to amend and reenact § 37.2-406 of the Code of Virginia, relating to the location of methadone clinics near schools and day care centers; exemptions for existing facilities and providers.

14102100D

S.B. 128 Juveniles; commitment to Department of Juvenile Justice, consideration of social history, report.

Patron: Favola

Commitment of juvenile to Department of Juvenile Justice; consideration of social history. Requires a judge to review and take into consideration the results of an investigation of the social history of a juvenile before ordering the juvenile to be committed to the Department of Juvenile Justice for placement in a juvenile correctional center. Under current law, the investigation may be completed up to 15 days after the juvenile is committed to the Department. The bill provides that circuit court judges are not required to review a social history prior to sentencing or commitment. The bill also requires the Department of Juvenile Justice to develop a model social history and guidelines to be used by court services units when preparing a social history and to report its progress to the Commission on Youth by the 2015 Regular Session of the General Assembly. The bill has a delayed effective date of October 1, 2014, for the provisions related to the court's review of a social history prior to commitment.

A BILL to amend and reenact §§ 16.1-272, 16.1-273, 16.1-278.7, and 16.1-278.8 of the Code of Virginia, relating to commitment of juvenile to the Department of Juvenile Justice; consideration of social history.

14102998D

S.B. 137 Arrest photos; placement and removal on Internet, penalty.

Patron: Marsden

Arrest photos on Internet. Makes it a Class 1 misdemeanor for the owner of a website to both post an arrest photo and solicit, request, or accept money for removing the photograph.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of Title 18.2 a section numbered 18.2-511.2 , relating to placement and removal of arrest photos on Internet; penalty.

14100974D

S.B. 146 Felony sentence; suspension or modification.

Patron: Stuart

Sentence modification; felony. Amends provision that allows felony sentence modification prior to transfer to the Department of Corrections to allow sentence modification after transfer to the Department of Corrections pursuant to a motion for a sentence modification hearing agreed to by the attorney for the Commonwealth and the defendant.

A BILL to amend and reenact § 19.2-303 of the Code of Virginia, relating to suspension or modification of sentence.

14100919D

S.B. 151 Family abuse protective orders; allowable conditions.

Patron: Stuart

Family abuse protective orders; allowable conditions. Modifies the provision specifying that the court may grant the petitioner temporary exclusive possession or use of a motor vehicle owned by the petitioner or jointly owned by the parties to provide that the court may direct a respondent to maintain insurance, registration, and taxes on a motor vehicle and enjoin the respondent from terminating such insurance, registration, and taxes. The bill also specifies that the court may require the respondent to pay certain housing costs for the petitioner and may award temporary spousal support.

A BILL to amend and reenact § 16.1-279.1 of the Code of Virginia, relating to protective orders in cases of family abuse; allowable conditions.

14103142D

S.B. 152 Dams; disclosure of presence.

Patron: Stuart

Disclosure of presence of dam. Requires the first seller of a residential property (developer) that is located in a dam break inundation zone to disclose to any prospective purchaser of the property that the property is located in such a zone and that the failure of the dam may represent a threat to public health and safety.

A BILL to amend and reenact §§ 55-518 and 55-519 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-519.5, relating to disclosure of presence of a dam.

14101558D

S.B. 171 Writ of actual innocence; based on nonbiological evidence, additional petitions allowed.

Patron: Stanley

Writ of actual innocence based on nonbiological evidence; additional petitions allowed. Removes the limitation that only one petition may be filed by allowing additional petitions based on new retroactive new rules of constitutional law and changes in statute when such rules are applicable to a collateral review of a criminal conviction.

A BILL to amend and reenact § 19.2-327.10 of the Code of Virginia, relating to issuance of writ of actual innocence based on nonbiological evidence; additional writ; change in law.

14102825D

S.B. 173 Deferred disposition; persons with autism or intellectual disabilities.

Patron: Stuart

Deferred disposition in criminal cases. Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability.

A BILL to amend and reenact §§ 16.1-69.48:1, 17.1-275.2, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-303.6, relating to deferred disposition; persons with autism or intellectual disabilities.

14100913D

S.B. 216 Assault and battery; conspiracy to commit is Class 1 misdemeanor.

Patron: Carrico

Assault and battery; conspiracy. Provides that conspiracy to commit misdemeanor assault or assault and battery is a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-23 of the Code of Virginia, relating to conspiring to commit assault and battery.

14101768D

S.B. 226 Employment contracts; enforcement, applicable law.

Patron: Petersen

Employment contracts; enforcement; applicable law. Provides that Virginia courts shall not enforce any provision of an employment contract if the provision is invalid or unenforceable under the laws of Commonwealth. The measure also provides that a choice-of-law provision in an employment contract that states that the laws of another state or other jurisdiction shall apply with regard to the interpretation or enforceability of a provision of the contract is void and unenforceable.

A BILL to amend the Code of Virginia by adding a section numbered 11-4.6, relating to enforceability of provisions in employment contracts that are invalid or unenforceable under the laws of the Commonwealth; choice of law.

14100392D

S.B. 229 Injunctions; objection to petition for review.

Patron: Petersen

Injunctions; objection to petition for review. Requires an aggrieved party that files a petition for review of the granting or denial of an injunction with the Virginia Supreme Court or Court of Appeals to serve a copy of the petition for review on the counsel for the opposing party. The bill allows the opposing party 10 days after service within which to submit its opposition to the petition.

A BILL to amend and reenact § 8.01-626 of the Code of Virginia, relating to injunctions; opposition to petition for review.

14100381D

S.B. 233 Prejudgment interest on awards; insurer denial of coverage or liability.

Patron: Petersen

Prejudgment interest on awards; insurer denial of coverage or liability. Requires an insurer to pay interest on the principal sum awarded by the court at the judgment rate from the date of the filing of a civil action that is instituted by an insured against his insurer, or by a third party asserting a claim against an insured covered by an insurer under a liability insurance policy, when the action is instituted after the insurer has denied coverage or liability.

A BILL to amend and reenact § 8.01-382 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-209.1, relating to awards of prejudgment interest against insurers.

14101842D

S.B. 286 Arrest photos; placement and removal on Internet, penalty.

Patron: Stuart

Arrest photos on Internet. Makes it a Class 1 misdemeanor for the owner of a website to both post an arrest photo and solicit, request, or accept money for removing the photograph.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of Title 18.2 a section numbered 18.2-511.2 , relating to placement and removal of arrest photos on Internet; penalty.

14100586D

S.B. 318 General district courts; days of operation.

Patron: Vogel

General district courts; days of operation. Provides that the clerk's office of every district court shall be kept open for the transaction of business on every day except Saturday, Sunday, and the statewide legal holidays designated in the Code of Virginia. Currently the days of operation are set by the Committee on District Courts.

A BILL to amend and reenact § 16.1-69.33 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-69.33:1, relating to general district courts; days of operation.

14103417D

S.B. 409 Response to claims.

Patron: McWaters

Response to claims. Requires the Division of Risk Management or a transportation district to acknowledge claims within 30 days and resolve claims within 60 days. The bill places the same requirements on VDOT for claims less than $1,000 and provides that such claims serve as a report of the condition of the highway.

A BILL to amend and reenact § 8.01-195.6 of the Code of Virginia and to amend the Code of Virginia by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:30, relating to response to claims.

14103368D

S.B. 475 Collection of courts costs at DMV.

Patron: Newman

Collection of courts costs at DMV. Allows the Executive Secretary of the Supreme Court to enter into an agreement with the Commissioner of the Department of Motor Vehicles for the collection of court costs at DMV customer service centers. The bill also allows DMV to collect a $2 processing fee to pay its processing costs.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-349.1, relating to collection of fines and costs by the Department of Motor Vehicles.

14101968D

S.B. 476 Incest; definitions of parent, etc., penalty.

Patron: Norment

Incest; definitions of parent, etc.; penalty. Provides that for the purposes of the crime of incest, parent includes step-parent, grandparent includes step-grandparent, child includes a minor step-child, and grandchild includes a minor step-grandchild.

A BILL to amend and reenact § 18.2-366 of the Code of Virginia, relating to incest; definition of parent, etc.; penalty.

14102255D

S.B. 521 Suicide; abolishes common-law crime.

Patron: Saslaw

Common-law crime of suicide. Abolishes the common-law crime of suicide. Suicide is currently a common-law crime in Virginia, although there is no statutorily prescribed punishment.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-16.1, relating to abolishing the common-law crime of suicide.

14100065D