SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2014 SESSION

  • print version
Senate Committee on Courts of Justice

Co-Chair: Henry L. Marsh III - Co-Chair: A. Donald McEachin

Clerk: Hobie Lehman
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 10, 2014
Time and Place: 8:00 AM, Senate Room B

H.B. 100 Concealed handgun permits; references to issuance of handgun permit before July 1, 2008.

Patron: Lingamfelter

Concealed handgun permits; records. Provides that any references to the issuance of a concealed handgun permit in any order book before July 1, 2008, are exempt from the requirement that such orders be withheld from public disclosure. The bill also directs circuit court clerks to issue replacement permits to permit holders who undergo a lawful name change.

A BILL to amend and reenact §§ 18.2-308.02 and 18.2-308.011 of the Code of Virginia, relating to concealed handgun permits; records.

14100885D

H.B. 130 Health care providers; civil immunity for members of or consultants to boards or committees.

Patron: Minchew

Civil immunity for members of or health care professional consultants to certain boards or committees. Extends civil liability protection to members of, or consultants to, boards or committees established (i) under the requirements of a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services or (ii) pursuant to guidelines approved or adopted by statewide or local associations representing licensed health care providers for acts or omissions done in the performance of their duties as members of, or consultants to, such boards or committees. Under current law, the board or committee may only be established pursuant to federal or state law, or to Joint Commission on Accreditation Healthcare Organization requirements.

A BILL to amend and reenact § 8.01-581.16 of the Code of Virginia, relating to civil immunity for members of or consultants to certain boards or committees.

14101775D

H.B. 183 Juveniles; commitment to Department of Juvenile Justice, consideration of social history, report.

Patron: Farrell

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.

14104210D

H.B. 186 Seized drugs and paraphernalia; forfeiture to law enforcement.

Patron: Knight

Drugs and paraphernalia forfeited to law enforcement. Provides that seized drugs and drug paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, may be forfeited to a law-enforcement agency for research and training purposes. Current law limits such forfeiture to the Department of Forensic Science for research and training purposes. This bill incorporates HB 481.

 A BILL to amend and reenact § 19.2-386.23 of the Code of Virginia, relating to forfeiture of seized drugs and paraphernalia to law enforcement.

14104208D

H.B. 335 Family abuse protective orders; motor vehicles.

Patron: Bell, Robert B.

Family abuse protective orders; motor vehicles. 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.

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

14101578D

H.B. 394 Suit for personal injury; report from health care provider licensed outside of Commonwealth.

Patron: Chafin

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.

14102396D

H.B. 504 Child pornography; delay modifications to discretionary sentencing guidelines for possession.

Patron: Bell, Robert B.

Delay proposed modifications to the discretionary sentencing guidelines; possession of child pornography. Provides that proposed modifications to the discretionary sentencing guidelines for possession of child pornography adopted by the Virginia Criminal Sentencing Commission shall not become effective until July 1, 2015. The Commission will review these guidelines and complete its review by December 1, 2014. Any proposed modification in the Commission's 2014 Annual Report shall supersede the current proposed modification.

A BILL to delay proposed modifications to the discretionary sentencing guidelines; possession of child pornography.

14103057D

H.B. 505 Dextromethorphan Distribution Act; penalty.

Patron: Hodges

Dextromethorphan Distribution Act; penalty. Provides that no pharmacy or retail distributor may knowingly or intentionally sell or distribute a product containing dextromethorphan (a cough suppressant found in many over-the-counter medications) to a minor and that no minor may knowingly and intentionally purchase such product. A violation is punishable by a $25 civil penalty. Additionally, a pharmacy or retail distributor cannot sell or distribute a product containing dextromethorphan unless the purchaser presents a government-issued photo-ID showing proof of age or the purchaser appears to be at least 25 years old. Upon a first violation, the Board or Pharmacy shall send a notice of noncompliance to the pharmacy or retail distributor, and any subsequent violation is punishable by a $25 civil penalty. The bill also provides that a person who distributes or possesses with the intent to distribute unfinished dextromethorphan is guilty of a Class 1 misdemeanor. The bill has a delayed effective date of January 1, 2015. 

 A BILL to amend the Code of Virginia by adding in Chapter 7 of Title 18.2 an article numbered 1.3, consisting of sections numbered 18.2-265.19, 18.2-265.20, and 18.2-265.21, relating to the Dextromethorphan Distribution Act; penalty.

14104194D

H.B. 517 Forensic Science Board; Scientific Advisory Committee, membership.

Patron: Morris

Forensic Science Board; Scientific Advisory Committee; membership. Provides that the positions on the Scientific Advisory Committee set aside for members of the Board of the International Association for Identification and the Board of the Association of Firearms and Toolmark Examiners may be held by a member of organizations and not have to be Board members. Currently, the positions must be held by board members of the organizations. The bill contains technical amendments.

A BILL to amend and reenact § 9.1-1111 of the Code of Virginia, relating to the Forensic Science Board; Scientific Advisory Committee; membership.

14103346D

H.B. 587 College campus police and security departments; DCJS to identify minimum core operational functions.

Patron: Yost

Campus police and security departments; DCJS to complete study to identify potential minimum core operational functions. Requires the Department of Criminal Justice Services to complete a study to identify potential minimum core operational functions for college campus police and security departments. In completing this study, 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.

14101397D

H.B. 609 Private security services businesses; exempt from training requirements established by DCJS, etc.

Patron: Robinson

Department of Criminal Justice Services; private security services businesses; exemption from training. Provides that the Department of Criminal Justice Services may grant a full exemption from compulsory training for certain persons employed by private security services businesses if such persons have already received training that meets or exceeds the minimum standards approved by the Department. Currently, the Department may only grant a partial exemption from compulsory training.

A BILL to amend and reenact § 9.1-141 of the Code of Virginia, relating to the Department of Criminal Justice Services; private security services businesses; exemption from training.

14104328D

H.B. 656 Pretrial appeals; transcript or written statement of facts.

Patron: Bell, Robert B.

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.

14101574D

H.B. 851 Assault and battery; full-time or part-time employee, penalty.

Patron: LeMunyon

Assault and battery; school employees; penalty. Provides that a battery against any full-time or part-time employee of a public or private elementary school who is engaged in the performance of his duties is punishable as a Class 1 misdemeanor and the punishment shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum sentence. Currently, only a battery against a teacher, principal, assistant principal, or guidance counselor is subject to this enhanced penalty for battery.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; school employees; penalty.

14101977D

H.B. 1002 Training, Committee on, within Department of Criminal Justice Services; increases membership.

Patron: Head

Committee on Training within the Department of Criminal Justice Services. Increases the membership of the Committee on Training within the Department of Criminal Justice Services from 14 to 15 by the addition of the Director of the Department of Juvenile Justice.

A BILL to amend and reenact § 9.1-112 of the Code of Virginia, relating to the Committee on Training within the Department of Criminal Justice Services; membership.

14101382D

H.B. 1169 Concealed handgun permit; retired member of Department of Motor Vehicles enforcement division.

Patron: O'Bannon

Concealed handgun permit; retired member of enforcement division of DMV; exception. Provides an exception for a concealed handgun permit for a qualifying retired member of the enforcement division of the Department of Motor Vehicles.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handgun permit; retired member of Department of Motor Vehicles enforcement division; exception.

14104019D

S.B. 607 Method of execution; Director of DOC certifies that lethal injection isn't available, electrocution.

Patron: Carrico

Method of execution. Provides that if the Director of the Department of Corrections certifies that lethal injection is not available as a method of execution, electrocution shall be used instead.

A BILL to amend and reenact § 53.1-234 of the Code of Virginia, relating to method of execution.

14103720D