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2014 SESSION

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Senate Committee on Courts of Justice

Chairman: Henry L. Marsh III

Clerk: Hobie Lehman
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 3, 2014
Time and Place: 8:00 AM, Senate Room 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. 121 State and local government officers and employees; prohibitied conduct.

Patron: Garrett

Prohibited conduct by state and local government officers and employees; retaliation. Prohibits a state or local government officer or employee from using his public position to retaliate or threaten retaliation against any person for expressing views on matters of public concern or for exercising any right that is otherwise protected by law.

A BILL to amend and reenact § 2.2-3103 of the Code of Virginia, relating to prohibited conduct by state and local government officers and employees; retaliation.

14101882D

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. 194 Eminent domain; date of valuation, inverse condemnation proceeding.

Patron: Black

Eminent domain; date of valuation; inverse condemnation proceeding. Provides that the "date of valuation" of property in an eminent domain proceeding may be the date on which an action is taken by the petitioner which substantially affects the use and enjoyment of the property by the owner. The bill also adds the language "or damage" to the provision of the Code directing the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding if a judgment is entered for the plaintiff to correspond with the language of the amendment to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013.

A BILL to amend and reenact §§ 25.1-100 and 25.1-420 of the Code of Virginia, relating to eminent domain; date of valuation; inverse condemnation proceeding.

14102130D

S.B. 264 Fare enforcement inspectors; appointed to enforce fares for use of mass transit facilities.

Patron: Ebbin

Fare enforcement inspectors. Provides for the appointment of fare enforcement inspectors to enforce payment of fares for use of mass transit facilities. The bill also provides that failure of a transit user to produce proof of fare payment constitutes a Class 4 misdemeanor.

A BILL 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 fare enforcement inspectors.

14102047D

S.B. 345 Trust directors; defenses to liability.

Patron: Edwards

Trust directors; defenses to liability. Clarifies that a trust director is liable for a breach of the trust director's fiduciary duty to the same extent a trustee would be liable for a breach of his fiduciary duty and that a trust director is able to assert defenses to liability on the same basis as a trustee serving under the governing instrument. The bill also provides that a term of a trust relieving a trust director of liability for breach of trust is unenforceable to the extent that it (i) relieves the trust director of liability for a breach of fiduciary duty that was committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries or (ii) was inserted as a result of abuse by the trust director.

A BILL to amend and reenact § 64.2-770 of the Code of Virginia, relating to trust directors; defenses to liability.

14101704D

S.B. 346 Wills, trusts, and fiduciaries; increasing various allowances and other threshold amounts.

Patron: Edwards

Increasing various allowances and other amounts related to wills, trusts, and fiduciaries. Increases the amounts of various allowances, threshold amounts, and other dollar-based provisions in Title 64.2 (Wills, Trusts, and Fiduciaries) to account for the effect of inflation. The bill also provides that a commissioner of accounts has the same authority to determine the amounts, recipients, and proportions of any gifts made from the estate of an incapacitated person for whom a conservator has been appointed, provided that the total gifts authorized shall not exceed $25,000 in a calendar year and the commissioner shall report to the circuit court his determination as to such gifts.

A BILL to amend and reenact §§ 64.2-305, 64.2-309, 64.2-310, 64.2-311, 64.2-416, 64.2-424, 64.2-528, 64.2-537, 64.2-602, 64.2-609, 64.2-904, 64.2-1302, 64.2-1311, 64.2-1313, 64.2-1411, 64.2-1802, 64.2-1905, 64.2-1906, 64.2-2017, 64.2-2023, and 64.2-2026 of the Code of Virginia, relating to increasing various allowances and other amounts related to wills, trusts, and fiduciaries.

14101705D

S.B. 467 York River; MRC to grant an easement & rights-of-way across beds including Baylor Survey Grounds.

Patron: Norment

Conveyance of easement. Authorizes the Marine Resources Commission to grant an easement and rights-of-way across beds of the York River, including a portion of the Baylor Survey Grounds No. 5, to Plains Marketing for the expansion of the Yorktown oil facility an area containing 160,908 square feet or 3.694 acres.

A BILL to authorize the Marine Resources Commission to grant easements and rights-of way across and in the beds of the York River, including a portion of the Baylor Survey to Plains Marketing, LP, for expansion of the Yorktown oil facility.

14102003D

S.B. 485 Magistrates; authorized to exercise powers regarding search warrants throughout Commonwealth.

Patron: Norment

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

A BILL to amend and reenact § 19.2-44 of the Code of Virginia, relating to magistrates; territorial jurisdiction.

14101475D

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. 503 Notaries; non-English advertising, notice requirement.

Patron: Ebbin

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 engaged in non-English advertising to include in such advertising, as well as post within their place of business, a statement that the notary is not licensed to practice law and has no authority to give advice on immigration or other legal matters. The bill also provides for civil penalties and revocation of the notary commission for failing to include the required statements and postings.

A BILL to amend the Code of Virginia by adding a section numbered 47.1-15.1, relating to prohibitions on notary advertising; notice requirement; penalties.

14102501D

S.B. 525 VDOT commuter lots; parking violations, failure to appear in court.

Patron: Carrico

Parking violations at VDOT commuter lots; failure to appear. Provides that if a person issued a summons for a parking violation at a commuter parking lot owned by the Virginia Department of Transportation fails to appear after being mailed a summons at the address on record with the Department of Motor Vehicles, the person shall be deemed to have waived a court hearing and the court may hear the case in his absence. A violation is a traffic infraction. Under existing law, if the person fails to appear the summons is to be delivered by personal or substitute service.

A BILL to amend and reenact § 46.2-1219.2 of the Code of Virginia, relating to parking violations at VDOT commuter lots; failure to appear.

14101406D

S.B. 534 Local departments; consent to treatment and collection of evidence.

Patron: Barker

Local departments; consent to treatment and collection of evidence. Provides that a local director of social services or his designee may consent to (i) surgical or medical treatment of a minor in the custody of the local department of social services in certain situations and (ii) the collection of forensic evidence on behalf of a minor in the custody of the local department in cases in which the minor is believed to be the victim of sexual assault.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 63.2 a section numbered 63.2-916, relating to local directors; consent to treatment and collection of evidence.

14102783D

S.B. 537 Offenses requiring registration; withdrawal of plea by certain defendants.

Patron: Norment

Offenses requiring registration; withdrawal of plea by certain defendants. Provides that prior to conviction for an offense requiring registration on the Sex Offender and Crimes Against Minors Registry due to the minority, physical helplessness, or mental incapacity of the victim, upon a determination by the court of the victim's age, physical helplessness, or mental incapacity, the court shall inform the defendant of his right to make a motion to withdraw a plea of guilty or nolo contendere. The bill also provides that if the court grants the defendant's motion to withdraw his plea, the case shall be heard by another judge unless the parties agree otherwise. The bill further provides that failure to make a determination as to the minority, physical helplessness, or mental incapacity of the victim or so advise the defendant of his right to make a motion to withdraw his plea does not otherwise invalidate the conviction.

A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to offenses requiring registration; withdrawal of plea by certain defendants.

14100978D

S.B. 621 Felony convictions, certain; court may reduce to misdemeanor pursuant to plea agreement.

Patron: Stanley

Certain felony convictions. Provides that a court may reduce a nonviolent felony conviction to a misdemeanor pursuant to a plea agreement if the terms of the plea agreement are merged into a sentencing order in which the court retains jurisdiction and the court determines that all terms and conditions of the plea agreement are satisfied.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.6, relating to certain felony convictions.

14103808D

S.B. 625 Protective orders; hearing to be held simultaneously with pending criminal action.

Patron: Stanley

Protective orders; hearing to be held simultaneously with pending criminal action. Provides that, whenever practical, a court having jurisdiction over both a petition for a protective order and a pending criminal action in which the defendant is also the respondent to the protective order and the victim of the crime is also the petitioner for the protective order shall hear both actions simultaneously. A preliminary protective order may be extended until the conclusion of the criminal action to allow for a simultaneous hearing. The bill also provides that, upon request of any party or upon its own motion, the court may bifurcate the actions for good cause shown.

A BILL to amend the Code of Virginia by adding a section numbered 16.1-279.2 and by adding in Chapter 9.1 of Title 19.2 a section numbered 19.2-152.12, relating to protective orders; hearing to be held simultaneously with pending criminal action.

14103472D

S.B. 634 Decanting statute; conditions for second trust.

Patron: Edwards

Decanting statute; conditions for second trust. Makes a technical correction to § 64.2-778.1 This statute authorizes a trustee to appoint all or part of the principal or income of a trust into a second trust for the benefit of the beneficiaries of the original trust.

A BILL to amend and reenact § 64.2-778.1 of the Code of Virginia, relating to decanting statute; conditions for second trust.

14103641D

S.B. 659 Protective orders, preliminary; changes standard for issuing.

Patron: Black

Preliminary protective orders. Changes the standard for issuing a preliminary protective order by requiring that the petitioner be subjected to act in furtherance of the violence, force, or threat. The bill also gives the attorney for the Commonwealth standing to participate in a preliminary protective order proceeding at his discretion and makes the proceeding subject to an existing Code provision governing the signing of pleadings.

A BILL to amend and reenact § 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders.

14103236D

S.B. 665 Eminent domain; limitations, property right of quiet and peaceful enjoyment.

Patron: Petersen

Limitations on eminent domain; right of quiet and peaceful enjoyment. Recognizes the property right of quiet and peaceful enjoyment and provides that just compensation is owed to the owner of property subject to condemnation when quiet and peaceful enjoyment is taken or damaged. This bill is in response to the decision of the Supreme Court of Virginia in Byler v. VEPCO, 284 Va. 501, 731 S.E.2d 916 (2012).

A BILL to amend and reenact § 1-219.1 of the Code of Virginia, relating to limitations on eminent domain; right of quiet and peaceful enjoyment.

14103040D

S.B. 666 Eminent domain; costs, attorney fees.

Patron: Petersen

Eminent domain; costs; attorney fees. Requires the court, in certain condemnation proceedings, to award costs, including reasonable attorney fees, to the owner of property taken by condemnation. Under current law, awarding costs is discretionary and such costs exclude attorney fees.

A BILL to amend and reenact § 25.1-245 of the Code of Virginia, relating to eminent domain; costs; reasonable attorney fees.

14103041D

S.B. 667 Southwestern Virginia Mental Health Institute; DBHDS to onvey certain real property.

Patron: Carrico

Authorizing DBHDS to convey a portion of the real property known as the Southwestern Virginia Mental Health Institute to the Mount Rogers Community Services Board. Corrects the legal description of property authorized by the 2013 General Assembly to be conveyed by the Department of Behavioral Health and Developmental Services to the Mount Rogers Community Services Board for the purpose of providing services for individuals in need of mental health, developmental, and substance abuse services.

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

14104178D