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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 29, 2014
Time and Place: 1/2 Hour after adjournment / SR B

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. 184 Minors; admission to mental health facility for inpatient treatment.

Patron: McWaters

Admission of minors to mental health facility for inpatient treatment. Removes provisions of the Code requiring the consent of a minor 14 years of age or older prior to admission to a mental health facility for inpatient treatment. The bill allows for admission of a minor of any age upon application and with the consent of a parent. After admission, if a minor 14 years of age or older objects to inpatient treatment, his admission shall be reviewed by a juvenile and domestic relations district court judge, and counsel and a guardian ad litem shall be appointed for the minor.

A BILL to amend and reenact §§ 2.2-3705.5, 16.1-337, 16.1-338, 16.1-339, 16.1-341, 16.1-342, and 16.1-345 of the Code of Virginia, relating to admission of minors to mental health facility for inpatient treatment.

14102065D

S.B. 190 DUI; probation.

Patron: Garrett

DUI; probation. Removes provision that unless otherwise modified by the court, a defendant who has been convicted of a fourth or subsequent DUI in 10 years shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years.

A BILL to amend and reenact § 18.2-270 of the Code of Virginia, relating to driving while intoxicated; probation.

14100733D

S.B. 262 Internet Crimes Against Children Fund; fee, Governor's Child Safety Test.

Patron: Deeds

Internet Crimes Against Children Fund; fee; Governor's Child Safety Test. Increases from $10 to $15 the additional fee placed upon each felony or misdemeanor conviction assessed as court costs and deposited into the state treasury and credited to the Internet Crimes Against Children Fund. The bill changes the amounts of the funds disbursed for specific programs. The bill permits each local school board to include as part of the program of physical fitness made available to all students the Governor's Child Safety Test, a program of instruction that will consist of at least eight hours of instruction per year on how to recognize, avoid, resist, and escape physical, sexual, and online threats and will result in a certificate signed by the Governor upon successful completion of the program.

A BILL to amend and reenact §§ 17.1-275.12 and 22.1-253.13:1 of the Code of Virginia, relating to additional fee for Internet Crimes Against Children Fund; Child Safety Test.

14103105D

Impact Statements

S.B. 285 Civil penalty; untaxed tobacco products.

Patron: Howell

Civil penalty; untaxed tobacco products. Creates a civil penalty for the import, transport, possession, or resale of untaxed tobacco products and delineates the respective penalty for first, second, and third or subsequent offenses. The bill also specifies a civil penalty for willful intent to defraud the Commonwealth of taxes levied on tobacco products.

A BILL to amend and reenact § 58.1-1021.04:3 of the Code of Virginia, relating to civil penalty for untaxed tobacco products.

14101320D

Impact Statements

S.B. 302 Real estate licensees; signing of pleadings, motions, and other papers.

Patron: McDougle

Signing of pleadings, motions, and other papers; real estate licensees. Proscribes an individual from alleging a real estate licensee has engaged in untrue, deceptive, or misleading advertising unless such licensee has been charged, indicted, or convicted regarding such conduct.

A BILL to amend and reenact § 8.01-271.1 of the Code of Virginia, relating to signing of pleadings, motions, and other papers; real estate licensees.

14102151D

S.B. 352 Cigarettes; sealed labeled pack shall be prima facie evidence.

Patrons: Reeves, Howell

Sealed pack labeled as cigarettes; prima facie evidence. Provides that where a sealed pack is labeled as containing cigarettes, such labeling shall be prima facie evidence that the contents of the pack are cigarettes.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.2, relating to sealed packs labeled as cigarettes; prima facie evidence of cigarettes.

14102677D

S.B. 364 Cigarette taxes; ineligibility to be authorized holder.

Patrons: Reeves, Howell

Cigarette taxes;ineligibility to be authorized holder. Provides that persons who have been convicted of selling, purchasing, or possessing, etc., unstamped cigarettes for the purpose of evading taxes and persons convicted of possession with intent to distribute tax-paid, contraband cigarettes are not eligible to be authorized holders of cigarettes.

A BILL to amend and reenact § 58.1-1000 of the Code of Virginia, relating to cigarette taxes; definitions; authorized holder.

14102686D

S.B. 365 Cigarettes, counterfeit and contraband; use by law enforcement.

Patrons: Reeves, Howell

Forfeiture of counterfeit and contraband cigarettes; use by law enforcement. Provides that counterfeit and contraband cigarettes that have been forfeited to law enforcement do not have to be destroyed, but may be used by law enforcement for the conduct of undercover operations. The bill also allows law-enforcement agencies to possess for investigative purposes cigarettes without tax stamps.

A BILL to amend and reenact §§ 19.2-386.21, 58.1-1001, and 58.1-1012 of the Code of Virginia, relating to forfeiture of counterfeit and contraband cigarettes; use by law enforcement.

14102707D

S.B. 366 Multijurisdiction grand juries; cigarette trafficking offenses, jury may investigate.

Patrons: Reeves, Howell

Multijurisdiction grand juries. Adds the cigarette trafficking offenses to the list of crimes that a multijurisdiction grand jury may investigate.

A BILL to amend and reenact § 19.2-215.1 of the Code of Virginia, relating to functions of multijurisdiction grand juries.

14102715D

S.B. 421 Local multidisciplinary child sexual abuse response teams; attorney to establish to review cases.

Patron: McDougle

Local multidisciplinary child sexual abuse response teams. Requires every attorney for the Commonwealth to establish a multidisciplinary child sexual abuse response team to conduct regular reviews of cases involving child sexual abuse in the jurisdiction. The bill has a delayed effective date.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1627.5, relating to local multidisciplinary child sexual abuse response teams.

14102357D

S.B. 440 College campus police and security departments; DCJS to identify minimum core operational functions.

Patron: Barker

Campus police and security departments; DCJS to identify minimum core operational functions. Requires the Department of Criminal Justice Services to identify minimum core operational functions for college campus police and security departments. In identifying minimum core operational functions, the Department shall determine the cost to bring existing departments into compliance with such functions and legislative amendments needed in order to require compliance.

A BILL to require the Department of Criminal Justice Services to identify minimum core operational functions for college campus police and security departments.

14101398D

S.B. 448 Hazing; penalty and institution policies.

Patron: Norment

Hazing; penalty and institution policies. Increases the criminal penalty for any person found guilty of hazing, so as to cause bodily injury, any student at any school, college, or university from a Class 1 misdemeanor to a Class 6 felony. The bill also requires the policies of any public school or public institution of higher education to be consistent with model policies established by the Department of Education or the State Council of Higher Education for Virginia, as applicable, and directs such agencies to establish such model policies.

A BILL to amend and reenact §§ 18.2-56 and 22.1-279.6 of the Code of Virginia, relating to hazing; penalty and institution policies; penalty.

14102054D

Impact Statements

S.B. 478 Cigarettes, tax-paid contraband; illegal distribution.

Patrons: Norment, Howell

Illegal distribution of tax-paid contraband cigarettes. Substantially increases the civil penalties for possession with intent to distribute tax-paid contraband cigarettes by a person other than an authorized holder. Penalties are graduated based on the number of offenses and the amount that is currently the maximum fine is the minimum fine under the bill.

A BILL to amend and reenact § 58.1-1017.1 of the Code of Virginia, relating to illegal distribution of tax-paid contraband cigarettes; civil penalties.

14102680D

S.B. 482 DUI; probation, license suspension, etc.

Patron: Norment

DUI; probation; license suspension, etc. Removes the provision that unless otherwise modified by the court, a defendant who has been convicted of a fourth or subsequent DUI in 10 years shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years. The bill also amends the provision that allows for administrative suspension of driving privileges for refusal to submit to a test to determine blood alcohol content to provide that the suspension can occur for refusal to submit to a blood test as well as a breath test. In addition, the bill corrects two incorrect cross references, corrects an omission regarding administrative suspension of licenses for failure to order ignition interlock, and clarifies that VASAP is required for all convictions under § 18.2-266.

A BILL to amend and reenact §§ 18.2-270, 18.2-270.1, 18.2-271.1, 46.2-391.01, and 46.2-391.2 of the Code of Virginia, relating to driving while intoxicated.

14100966D

S.B. 487 Driving or boating while intoxicated; serious bodily injury, penalty.

Patron: Norment

DUI maiming; penalty. Raises the penalty for DUI maiming and for operating a motorcraft while intoxicated, causing permanent impairment, from a Class 6 to a Class 4 felony and creates a Class 6 felony when the offense causes serious bodily injury without maiming.

A BILL to amend and reenact §§ 18.2-51.4 and 18.2-51.5 of the Code of Virginia, relating to driving or boating while intoxicated; serious bodily injury; penalty.

14100993D

Impact Statements

S.B. 489 Cigarettes, tax-paid contraband; possession with intent to distribute.

Patrons: Norment, Howell

Possession with intent to distribute tax-paid, contraband cigarettes; authorized holder. Clarifies that it is not necessary to prove that the perpetrator is not an authorized holder in order for such perpetrator to be guilty of the crime of possession with intent to distribute tax-paid contraband cigarettes.

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; authorized holder.

14102695D

S.B. 495 Conservators of the peace, special; various changes to laws providing for appointment.

Patron: Norment

Special conservators of the peace. Makes various changes to the laws providing for the appointment of special conservators of the peace, including (i) requiring the Criminal Justice Services Board to establish graduated training standards for special conservators; (ii) removing the limits on the number of hours the Board is able to require for training; (iii) specifying that applications for appointments of special conservators shall be submitted on forms developed by the Department of Criminal Justice Services (DCJS) in consultation with the Supreme Court of Virginia; (iv) disallowing persons who have registered on the Sex Offender and Crimes Against Minors Registry from registering as special conservators; (v) requiring all applicants to register with DCJS, regardless of a person's standing as a law-enforcement officer; (vi) requiring the employer of a special conservator to notify DCJS and the circuit court within 30 days after a person employed as a special conservator has left his position; (vii) requiring the order of appointment to specify the geographic location in which the special conservator will serve; (viii) as of October 1, 2014, disallowing special conservators from using the seal of the Commonwealth or the word "police" on any uniform, badge, credential, or vehicle; and (ix) providing that the circuit court shall retain jurisdiction for four years over any appointment order and may revoke such appointment for good cause.

A BILL to amend and reenact §§ 9.1-150.2 and 19.2-13 of the Code of Virginia, relating to special conservators of the peace.

14101374D

S.B. 496 Police officers, special; repeals provisions allowing a circuit court for any locality to appoint.

Patron: Norment

Special police officers in localities. Repeals the provisions of the Code allowing a circuit court for any locality to appoint special police officers for such locality upon application of the sheriff or chief of police. Under current law, all appointments made pursuant to these provisions became void on September 15, 2004. The changes in this bill do not affect a sheriff's or chief of police's ability to request appointment of a special conservator of the peace.

A BILL to amend and reenact §§ 2.2-2801, 9.1-101, 15.2-1124, 19.2-74, 19.2-81, and 46.2-752 of the Code of Virginia and to repeal Article 4 (§§ 15.2-1737 through 15.2-1746) of Chapter 17 of Title 15.2 of the Code of Virginia, relating to special police officers in localities.

14102777D

S.B. 501 Conditions of release on bond; no contact provision.

Patron: Obenshain

Conditions of release on bond; no contact provision. Amends provision that allows a judicial officer to impose as a condition of release on bond for any felony or misdemeanor a provision that the accused may not have contact with a household member for 72 hours by removing the time limitation.

A BILL to amend and reenact § 19.2-123 of the Code of Virginia, relating to release of accused on bond; conditions of release.

14101812D

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

S.B. 528 Warrants; issuance by magistrate for arrest of certain persons.

Patron: Stuart

Issuance of warrants by magistrates. Requires a magistrate to receive the results of a law-enforcement investigation prior to issuing a misdemeanor arrest warrant where the accused is an elected official, judge, magistrate, law-enforcement officer, public school teacher, firefighter, or court employee and the alleged offense is directly related to his employment or service and the complainant is not a law-enforcement officer or animal control officer.

A BILL to amend and reenact § 19.2-71 of the Code of Virginia, relating to issuance of warrants for certain persons by a magistrate.

14103286D

S.B. 541 Criminal defendant; competency reports for restoration providers.

Patron: Howell

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.

A BILL to amend and reenact § 19.2-169.2 of the Code of Virginia, relating to criminal defendants found incompetent; records for treatment.

14101198D

Impact Statements

S.B. 624 Emergency care; school board employees that render certain care shall not be liable for negligence.

Patron: Newman

Emergency care; school board employees. Provides that school board employees that render certain acts of emergency care, including emergency first aid, cardiopulmonary resuscitation (CPR), or use of an automated external defibrillator (AED), shall not be liable for ordinary negligence that results from the certain acts of emergency care. The bill contains an emergency clause.

A BILL to amend and reenact § 8.01-225 of the Code of Virginia, relating to emergency care; school board employees.

14103162D

EMERGENCY

S.B. 640 Witnesses; right to nondisclosure of certain information.

Patron: Howell

Witness's right to nondisclosure of certain information. Adds witnesses in criminal prosecutions of manufacturing, selling, giving, etc., a controlled substance and of violent felonies to the list of those witnesses who may request to have their addresses, telephone numbers, and places of employment withheld from disclosure. The bill also prohibits an attorney who issues a summons for a witness in a criminal case from filing the names and addresses of witnesses who are protected from disclosure of such information with the clerk of the court.

A BILL to amend and reenact §§ 19.2-11.2 and 19.2-267 of the Code of Virginia, relating to witness's right to nondisclosure of certain information.

14101674D

S.B. 654 Criminal Justice Services, Department of; human trafficking policy.

Patron: Obenshain

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.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; human trafficking policy.

14103807D

Impact Statements