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2014 SESSION

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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 12, 2014
Time and Place: 1/2 Hour after adjournment / SR B

H.B. 56 Multi-jurisdiction grand juries; numerous changes to laws governing.

Patron: Loupassi

Multi-jurisdiction grand juries. Makes numerous changes to the laws governing multi-jurisdiction grand juries, including (i) allowing a grand jury to issue a report that there is insufficient probable cause to return an indictment as a "true bill," (ii) increasing from six months to 12 months the period of time that a term of a grand jury may be extended, (iii) providing that the grand jury's subpoena power must be executed through special counsel and that such subpoenas must be returnable for a specific meeting of the grand jury, (iv) allowing for the designation of specialized personnel for investigative purposes, known as sworn investigators, who may participate in grand jury proceedings at the request of special counsel or the grand jury, (v) providing that copies of tapes, notes, and transcriptions of grand jury proceedings will be maintained by the clerk of the circuit court in whose jurisdiction the multi-jurisdiction grand jury sits, and (vi) providing that the testimony of a witness before the grand jury may serve as the basis for a charge of perjury. The bill also expands who must keep secret what occurred during a grand jury proceeding to include witnesses, their counsel, attorneys for the Commonwealth, special counsel, and sworn investigators; however, a witness is not precluded from disclosing information possessed by the witness prior to his appearance before the grand jury. 

A BILL to amend and reenact §§ 19.2-192, 19.2-215.1, 19.2-215.3, 19.2-215.5, 19.2-215.6, 19.2-215.8, and 19.2-215.9 of the Code of Virginia, relating to multi-jurisdiction grand juries.

14100197D

H.B. 80 Arraignment; defendant may enter conditional guilty plea in certain cases in circuit court.

Patron: Hope

Conditional guilty pleas. Gives the defendant the same right to enter a conditional guilty plea in a misdemeanor case that exists in a felony case.

A BILL to amend and reenact § 19.2-254 of the Code of Virginia, relating to arraignment; conditional guilty pleas.

14100317D

H.B. 86 Inpatient psychiatric hospital admission from local correctional facility; criteria.

Patron: Stolle

Inpatient psychiatric hospital admission from local correctional facility; criteria. Repeals the second enactment of the 2012 act that amended the criteria for the psychiatric admission of inmates from local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm. The second enactment provides that the use of this additional criterion shall expire on July 1, 2014.

A BILL to repeal the second enactment of Chapter 801 of the Acts of Assembly of 2012, relating to inpatient psychiatric hospital admission from local correctional facility; criteria.

14100503D

H.B. 141 Divorce, custody, or visitation; court orders in pending suit, life insurance policies.

Patron: Minchew

Court orders in pending suit for divorce; life insurance policies. Provides that a court may, pending a suit for divorce, compel a party, or the parties together, to maintain a life insurance policy on the other party or another beneficiary for the exclusive use and benefit of the minor children.

A BILL to amend and reenact § 20-103 of the Code of Virginia, relating to court orders in pending suit for divorce, custody or visitation; maintenance of life insurance policy.

14102473D

H.B. 159 Personal property; fraudulent conversion or removal of leased property, restitution.

Patron: Albo

Fraudulent conversion or removal of leased property; restitution. Provides that a court shall order a person found guilty of fraudulent conversion of leased personal property to make restitution as the court deems appropriate to the lessor of the property. Such restitution may include (i) the cost of repairing such property; (ii) if the property is not returned or cannot reasonably be repaired, the actual value of such property; and (iii) any reasonable loss of revenue by the lessor. This bill incorporates HB 73.

A BILL to amend and reenact § 18.2-118 of the Code of Virginia, relating to fraudulent conversion or removal of leased personal property; restitution.

14104207D

H.B. 164 Metropolitan Washington Airports Authority; background checks of applicants.

Patron: Albo

Background checks of applicants of the Metropolitan Washington Airports Authority. Authorizes the chief of the Metropolitan Washington Airports Authority police department, or his designee, to conduct criminal background checks through the Central Criminal Records Exchange and the Federal Bureau of Investigation on applicants who have been conditionally offered employment with the Authority. The applicant's criminal history record information obtained by the chief must otherwise be kept confidential. The bill also establishes criteria that the Authority must consider in determining whether an applicant's criminal conviction directly relates to the position offered.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-389.2, relating to background checks of applicants of the Metropolitan Washington Airports Authority.

14102397D

H.B. 196 Pretrial appeals by Commonwealth; Class 1 misdemeanors.

Patron: Hope

Appeals by the Commonwealth; Class 1 misdemeanors. Allows the Commonwealth a pretrial appeal from a circuit court to the Court of Appeals in a case involving prosecution of a Class 1 misdemeanor where the circuit court dismissed the indictment against the defendant of a charge thereof or prohibited the use of certain evidence on certain constitutional grounds. Currently, such pretrial appeals are only permitted in felony cases.

A BILL to amend and reenact § 19.2-398 of the Code of Virginia, relating to appeals by the Commonwealth; Class 1 misdemeanors.

14100840D

H.B. 269 Cases under advisement; circuit court judge in civil action holding decision for unreasonable time.

Patron: Habeeb

Holding cases under advisement. Provides that a circuit court judge in a civil action who holds a decision on any matter, motion, or issue submitted to the court or any final decision in the action under advisement for more than 60 days after a decision was requested must provide the parties in the action a written report stating the expected time of a decision. A judge who fails to make such a report or fails to render a decision within the time set forth in the report may be reported to the Chief Justice of the Virginia Supreme Court. Currently, a circuit court judge only has to provide such a report for final decisions in civil actions that have been held under advisement for more than 90 days.

A BILL to amend and reenact § 17.1-107 of the Code of Virginia, relating to holding cases under advisement.

14100842D

H.B. 301 Business records; admissibility as evidence.

Patron: Loupassi

Admissibility of business records. Provides that the authentication and foundation necessary for the admission of a business record under the business records exception to the rule against hearsay may be laid by witness testimony, a certificate of authenticity of and foundation for the record made by the record's custodian or another qualified witness, or a combination of testimony and a certification. The bill also provides that the proponent of the record must give written notice to all other parties reasonably in advance of the trial or hearing if a certification will be relied on for the admission of such record and provide a copy of the record and certification to all other parties. If any party objects to the use of the certification, the authentication and foundation necessary for the admission of the record must be made by witness testimony. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-391 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-390.3, relating to admissibility of business records.

14100528D

H.B. 312 Civil action; rescission of deed or other instrument on grounds of undue influence, attorney fees.

Patron: Toscano

Action for rescission of a deed or other instrument on grounds of undue influence; attorney fees. Provides that in any civil action to rescind a deed, contract, or other instrument, the plaintiff is entitled to reasonable attorney fees and costs associated with bringing such action where the court finds, by clear and convincing evidence, that the instrument was obtained by fraud or undue influence on the part of the defendant.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-221.2, relating to civil action; rescission; undue influence; attorney fees.

14101658D

H.B. 360 General receivers; reimbursement of expenses incurred for direct out-of-pocket expenses.

Patron: Chafin

Reimbursement of expenses incurred by general receivers for direct out-of-pocket expenses when carrying out order of the court. Provides for payment of $50 to a general receiver for conducting a hearing to ascertain the identity or location of trust fund beneficiaries and $50 per hour for an appearance in court. The bill also provides that when direct out-of-pocket expenses are necessary to carry out an order of the court, a general receiver may receive reimbursement for such expenses as the court deems reasonable. The bill also clarifies that compensation retained by a general receiver derives from moneys received and held under his duties.

A BILL to amend and reenact § 8.01-589 of the Code of Virginia, relating to reimbursement of expenses incurred by general receivers for direct out-of-pocket costs when carrying out order of the court.

14101738D

H.B. 392 Assault and battery; emergency health care provider.

Patron: Stolle

Assault and battery; emergency health care provider. Provides that the commission of an assault or an assault and battery against an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of an emergency health care provider; penalty.

14101588D

H.B. 452 Pleas; withdrawal of plea, recusal.

Patron: Bell, Robert B.

Pleas; withdrawal of plea; recusal. Provides that where any judge allows a defendant in any criminal matter in any court within the Commonwealth to withdraw a plea of guilty or nolo contendere, unless the parties agree otherwise, he shall immediately recuse himself from any further proceedings on the same matter.

A BILL to amend and reenact § 19.2-254 of the Code of Virginia, relating to arraignment; pleas; when court may refuse to accept plea; withdrawal of plea; recusal.

14101304D

H.B. 477 Electronic summons system; fees.

Patron: Villanueva

Electronic summons system; fees. Allows counties and cities to assess a fee not to exceed $5 as part of the costs in each criminal or traffic case in district or circuit court to be used for the implementation and maintenance of an electronic summons system.

A BILL to amend and reenact § 17.1-275.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 17.1-279.1, relating to additional assessment for electronic summons system.

14103972D

H.B. 518 Certificates of analysis admitted into evidence; electronic signature.

Patron: Morris

Certificates of analysis admitted into evidence; electronic signature. Allows a certificate of analysis for drugs or alcohol use to be signed electronically.

A BILL to amend and reenact §§ 18.2-268.7 and 19.2-187 of the Code of Virginia, relating to certificates of analysis admitted into evidence.

14101377D

H.B. 596 Summons; unlawful detainer issued by magistrate or clerk or judge of general district court.

Patron: Miller

Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court; amendment of amount due. Provides that when a defendant does not make an appearance in an unlawful detainer hearing, upon request by the plaintiff and a determination by the court as to the accuracy of the amount due, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court and shall enter a judgment for such amount due as of the date of the hearing.

A BILL to amend and reenact § 8.01-126 of the Code of Virginia, relating to summons for unlawful detainer issued by magistrate or clerk or judge of a general district court.

14101963D

H.B. 661 Falsifying patient records; limitation of prosecutions.

Patron: Bell, Robert B.

Limitation of prosecutions; falsifying patient records. Increases from one year to five years the statute of limitations on prosecutions for the misdemeanor of falsifying patient records with the intent to defraud.

A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; falsifying patient records.

14101690D

H.B. 704 Recording of evidence, etc.; misdemeanor cases electronically in circuit court.

Patron: Gilbert

Recording of evidence, etc.; misdemeanor cases in circuit court. Requires the court to allow the Commonwealth and the defendant to record evidence and by a court reporter or by court-approved mechanical or electronic devices will be used. The purpose of the recording is to aid counsel in producing a statement of facts for appeal when there is no transcript and the recording will not be made a part of the record unless otherwise permitted.

A BILL to amend the Code of Virginia by adding a section numbered 17.1-128.1, relating to recording evidence and incidents of trial in misdemeanor cases.

14100321D

H.B. 705 Concealed handgun permits; eliminates certain requirements for an out-of-state permit.

Patron: Gilbert

Out-of-state concealed handgun permits. Eliminates certain requirements for an out-of-state concealed handgun permit to be recognized in Virginia and provides that such a permit authorizes the holder of the permit to carry a concealed handgun so long as the permit holder carries a valid government-issued photo identification and presents that identification to any law-enforcement officer upon request.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to out-of-state concealed handgun permits.

14100463D

H.B. 745 Internet publication of personal information; prohibition, attorneys for the Commonwealth.

Patron: Bell, Robert B.

Internet publication of personal information; prohibition; attorneys for the Commonwealth. Adds attorneys for the Commonwealth to the current provision prohibiting a state or local agency from publicly posting or displaying on the Internet the home address or personal telephone numbers of a law-enforcement officer or state or federal judge or justice if such official has made a written demand and obtains a court order.

A BILL to amend and reenact § 18.2-186.4:1 of the Code of Virginia, relating to Internet publication of personal information; prohibition; attorneys for the Commonwealth.

14101292D

H.B. 878 Firearms, certain; certification by chief law-enforcement officer within 30 days of request.

Patron: LaRock

Law-enforcement certification of certain firearms. Requires that when certification of a chief law-enforcement officer is required by federal law for transfer of a firearm, as defined in the National Firearms Act, such certification must be provided within 30 days if the applicant is not prohibited by law from receiving the firearm. If the applicant is prohibited by law from receiving the firearm, the chief law-enforcement officer or his designee shall provide written notification to the applicant stating the reason for the prohibition. The definition of "firearm" includes machine guns, rifles and shotguns of a certain length, weapons made from certain rifles or shotguns, silencers, and destructive devices.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-295.1, relating to law-enforcement certification of certain firearms.

14104110D

H.B. 962 Concealed handgun; carrying in a secured container or compartment in vehicle.

Patron: Cline

Carrying concealed handgun; secured container or compartment in vehicle. Provides that for purposes of the exception to the prohibition against carrying a concealed weapon in a secured container or compartment in a personal, private motor vehicle or vessel, the term "compartment" includes a console, glove compartment, or any other area within or on the vehicle or vessel that possesses the ability to be closed. The bill also provides that the term "secured" does not require that a container or compartment be locked, but merely closed.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed handgun; secured container or compartment in vehicle.

14101854D

H.B. 969 Statute of limitations; damage to property, actions by the Commonwealth.

Patron: Cline

Statute of limitations; damage to property; actions by the Commonwealth. Provides for a statute of limitations of five years for actions for injury to property brought by the Commonwealth. Currently, the five-year statute of limitations for injury to property does not apply to actions brought by the Commonwealth.

A BILL to amend and reenact § 8.01-243 of the Code of Virginia, relating to statute of limitations; injury to property; actions brought by the Commonwealth.

14101943D

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. 1037 Medical reports as evidence; general district court.

Patron: Joannou

Medical reports as evidence; general district court. Provides that a medical report from a treating or examining health care provider may be admitted into evidence in a civil action for personal injuries or to resolve a dispute with an insurance company or health care provider in general district court or an appeal to circuit court, provided such report is accompanied by a sworn statement from the custodian of such report stating that the report is a true and accurate copy of the report. Currently, the report may only be admitted if it is accompanied by a sworn statement of the treating or examining health care provider.

A BILL to amend and reenact § 16.1-88.2 of the Code of Virginia, relating to medical reports as evidence; general district court.

14100046D

H.B. 1039 Trial by jury; demand, pleading.

Patron: Joannou

Jury trial of right; demand; compliance with the Rules of Supreme Court. Provides that unless waived, any demand for a trial by jury made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, without further notice or order, to proceed with trial by a jury. The bill also reduces from $100 to $20 the minimum dollar amount necessarily sought in order for the whole matter to be heard by the court absent a waiver of a jury trial.

A BILL to amend and reenact § 8.01-336 of the Code of Virginia, relating to right to trial by jury; demand; pleadings.

14101756D

H.B. 1041 Nonsuits; tolling.

Patron: Joannou

Nonsuits; tolling. Highlights that when a voluntary nonsuit is taken in a civil case, the statute of limitations with respect to the cause of action in the case is tolled and the nonsuiting party may recommence his action within six months from the date the nonsuit is taken or within the original limitations period, whichever is longer.

A BILL to amend and reenact § 8.01-380 of the Code of Virginia, relating to nonsuits; tolling.

14100196D