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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 17, 2014
Time and Place: 8:00 AM, Senate Room B
Updated to remove HB976

H.B. 17 Electronic communication or remote computing devices; warrant requirement for certain records.

Patron: Marshall, R.G.

Warrant requirement for certain telecommunications records; real-time location data. Provides that a provider of electronic communication service or remote computing service shall not disclose real-time location data to an investigative or law-enforcement officer except pursuant to a search warrant, subject to certain exceptions. The bill defines "real-time location data" as data or information concerning the current location of an electronic device that is generated, derived from, or obtained by the operation of the device. This bill incorporates HB 817.

 A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to warrant requirement for certain telecommunications records; real-time location data.

14104361D

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. 96 Reckless driving; causing death while driving with suspended license, guilty of Class 6 felony.

Patron: Head

Driving recklessly on a suspended or revoked license and causing the death of another person; penalty. Provides that any person convicted of reckless driving who, when he committed the offense, (i) was driving on a suspended or revoked operator's license and (ii) as the proximate result of his reckless driving, caused the death of another person is guilty of a Class 6 felony. Currently, a person is only guilty of such felony if his operator's license was suspended or revoked due to a moving violation and his reckless driving was the sole and proximate cause of the other person's death.

A BILL to amend and reenact § 46.2-868 of the Code of Virginia, relating to driving recklessly with a suspended or revoked license; causing death of another person; penalty.

14104737D

H.B. 171 Crime victim rights; offenses by juveniles.

Patron: Farrell

Crime victim rights; offenses by juveniles. Expands the list of offenses for which a victim of a delinquent act committed by a juvenile may request that the victim be informed of the charge brought, the findings of the court, and the disposition of the case to include violations of assault and battery, stalking, violation of a protective order, sexual battery, or attempted sexual battery that would be misdemeanors if committed by an adult. The bill also provides that the definition of "victim" for purposes of the Crime Victim and Witness Rights Act includes victims of certain delinquent acts.

A BILL to amend and reenact §§ 16.1-309.1 and 19.2-11.01 of the Code of Virginia, relating to crime victim rights; offenses by juveniles.

14100571D

H.B. 233 Sex offenders; requires circuit court to find good cause before accepting name change applications.

Patron: Bell, Robert B.

How name of person may be changed; sex offenders. Provides that applications for a change of name by persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 may only be accepted by a court after a finding that good cause exists for such application.

A BILL to amend and reenact §§ 8.01-217 and 32.1-269 of the Code of Virginia, relating to how name of person may be changed; vital records.

14104118D

H.B. 235 Sex Offender & Crimes Against Minors Registry Act; amends to add solicitation of prostitution.

Patron: Bell, Robert B.

Sex Offender and Crimes Against Minors Registry Act; solicitation of prostitution; pandering; minors. Amends the Sex Offender and Crimes Against Minors Registry Act to add solicitation of prostitution from a minor and pandering involving a minor. The bill also provides that a person who engages in pandering involving a minor is guilty of a Class 4 felony.

A BILL to amend and reenact §§ 9.1-902 and 18.2-355 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; solicitation of prostitution; pandering; minors.

14104587D

H.B. 278 Juvenile and domestic relations district court; expungement of recordsavailability to DMV.

Patron: Albo

Expungement of juvenile and domestic relations district court records. Clarifies the law governing retention of juvenile and domestic relations district court records to provide that (i) when a juvenile is found guilty of a delinquent act that would be a felony if committed by an adult or of certain traffic offenses that must be reported to the Department of Motor Vehicles, the records for all other offenses ancillary to such felony or traffic offense for which a juvenile was found not innocent shall be retained and (ii) a person who was the subject of a traffic proceeding and was found innocent or the proceeding was otherwise dismissed may file a motion to expunge all records relating to the proceeding.

A BILL to amend and reenact § 16.1-306 of the Code of Virginia, relating to expungement of juvenile and domestic relations district court records.

14104203D

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. 326 Unlawful dissemination or sale of images of another; person is guilty of Class 1 misdemeanor.

Patron: Bell, Robert B.

Unlawful dissemination or sale of images of another; penalty. Provides that a person is guilty of a Class 1 misdemeanor if he, with the intent to coerce, harass, or intimidate the depicted person, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who is totally nude, in a state of undress, or engaged in sexual conduct where such person knows or has reason to know that he is not licensed or authorized to do so. The bill also amends the crime of creating an image of a nonconsenting person by substituting the term "videographic or still image created by any means whatsoever" for the current term "videotape, photograph, or film." This bill incorporates HB 49.

A BILL to amend and reenact § 18.2-386.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-386.2, relating to unlawful dissemination or sale of images of another; penalty.

14104683D

H.B. 403 Child sex-crime cases; admission of prior sexual offenses into evidence.

Patron: Bell, Robert B.

Prior sex offenses admissible in evidence; sex crimes against child. Provides that in a criminal case in which the defendant is accused of a felony sexual offense involving a child victim, evidence of the defendant's conviction of another sexual offense or offenses is admissible and may be considered for its bearing on any matter to which it is relevant. The bill includes a second enactment requiring this new rule of evidence to be applied in conjunction with the Virginia Rules of Evidence.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-67.7:1, relating to admission of prior sex offenses into evidence in child sex crime cases.

14102766D

H.B. 485 Abduction and prostitution offenses; administrative subpoena for electronic communication service.

Patron: Hugo

Administrative subpoena for electronic communication service or remote computing service records; abduction and prostitution offenses. Adds certain abduction and prostitution offenses to the list of crimes for which attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation.

A BILL to amend and reenact § 19.2-10.2 of the Code of Virginia, relating to administrative subpoena for electronic communication service or remote computing service records; abduction and prostitution offenses.

14102847D

H.B. 511 Juveniles; deferral and dismissal of serious offenses.

Patron: Morris

Deferral and dismissal of serious juvenile offenses. Provides that the juvenile court or circuit court hearing the case shall not, except with the concurrence of the attorney for the Commonwealth, defer disposition for any criminal offense alleged to have been committed by a juvenile for which transfer to a circuit court is mandatory or for which transfer to a circuit is mandatory upon notice to the court by the attorney for the Commonwealth (serious juvenile offenses set forth in subsection B and C of § 16.1-269.1) or for any gang-related felony offense described in § 18.2-46.2 or 18.2-46.3.

A BILL to amend and reenact § 16.1-278.8 of the Code of Virginia, relating to deferred disposition for juvenile offenders.

14100674D

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. 523 Sex Offenders and Crimes Against Minors Registry; registration of juveniles, etc.

Patron: Albo

Registration of juveniles; petition for removal from registry. Requires juveniles adjudicated delinquent of rape, forcible sodomy, or object sexual penetration to register on the Sex Offender and Crimes Against Minors Registry. The bill also provides a procedure for removal of the name of a person who was adjudicated delinquent as a juvenile from the Registry.

A BILL to amend and reenact §§ 9.1-902 and 9.1-910 of the Code of Virginia, relating to Sex Offenders and Crimes Against Minors Registry; registration of juveniles; petition for removal from Registry.

14101693D

H.B. 542 Wearing masks; unlawful for any person to wear with intent to conceal identity, penalty.

Patron: McQuinn

Wearing masks; exceptions; penalty. Provides that a person over the age of 16 who wears a mask, hood, or other device that hides or covers a substantial portion of the face with the intent to conceal his identity, subject to certain exceptions, is guilty of a Class 6 felony. Currently, the Code is silent as to the intent of the wearer.

A BILL to amend and reenact § 18.2-422 of the Code of Virginia, relating to wearing masks; exceptions.

14104749D

H.B. 567 Sexual battery; touching a person's intimate parts, etc., penalty.

Patron: Watts

Sexual battery by touching a person's intimate parts; penalty. Provides that a person is guilty of sexual battery (punishable as a Class 1 misdemeanor) if, within a two-year period, such person sexually abuses against the will of the victim more than one victim or sexually abuses one victim on more than one occasion.

A BILL to amend and reenact § 18.2-67.4 of the Code of Virginia, relating to sexual battery by touching a person's intimate parts; penalty.

14104216D

H.B. 708 Assault and battery; family or household member.

Patron: Gilbert

Assault and battery against a family or household member. Adds unlawful wounding in violation of § 18.2-51 and strangulation in violation of § 18.2-51.6 to the list of offenses that, if a person has been previously convicted of two such offenses within a 20-year period and such offenses occurred on different dates, enhance the penalty of assault and battery against a family or household member from a Class 1 misdemeanor to a Class 6 felony.

A BILL to amend and reenact § 18.2-57.2 of the Code of Virginia, relating to assault and battery against a family or household member.

14102272D

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. 810 Firearms; willful discharge resulting in permanent physical impairment, Class 6 felony.

Patron: Carr

Reckless handling of firearms; penalty. Provides that any person who recklessly handles a firearm and through such reckless handling causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.

A BILL to amend and reenact § 18.2-56.1 of the Code of Virginia, relating to reckless handling of firearms; penalty.

14104218D

H.B. 829 Automated sales suppression devices; penalties.

Patron: Keam

Automated sales suppression device; penalties. Makes it a Class 1 misdemeanor to willfully utilize any device or software to falsify the electronic records of cash registers or manipulate transactions records that affect any state or local tax liability.

A BILL to amend and reenact §§ 58.1-1814 and 58.1-3907 of the Code of Virginia, relating to use of automated sales suppression devices; penalty.

14104816D

H.B. 972 Protective orders; companion animals.

Patron: Cline

Protective orders; companion animals. Provides that a court may include in a protective order provisions granting to the petitioner possession of a companion animal if the petitioner is the owner of the animal.

A BILL to amend and reenact §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10 of the Code of Virginia, relating to protective orders; companion animals.

14104735D

H.B. 994 Human trafficking offenses; Va. Code Commission to amend catchline to a code to reflect proper term.

Patron: Comstock

Human trafficking offenses. Directs the Virginia Code Commission to add the term "human trafficking" to the catchline of § 18.2-47 ("Abduction and kidnapping defined; punishment") in order to emphasize that section's applicability to offenses involving human trafficking. 

 

A BILL to direct the Virginia Code Commission to amend the catchline to § 18.2-47 to reflect that it applies to human trafficking offenses.

14104578D

H.B. 1248 911 emergency service calls; recordings shall be received as prima facie evidence, admissibility.

Patron: Surovell

Recordings and records; 911 emergency service calls; admissibility. Provides that in any civil or criminal proceeding, recordings and records of any 911 emergency service calls shall be admissible in evidence provided such recordings and records, or copies, are authenticated by the custodian thereof or by the person to whom the custodian reports. The bill also provides that a certificate signed by such person that includes the date and time of the incoming call and the incoming phone number associated with the call shall serve as valid authentication.

A BILL to amend and reenact § 8.01-390 of the Code of Virginia, relating to 911 emergency service call records as evidence; admissibility.

14104681D

H.B. 1251 Sex offenders; reregistration, name change.

Patron: Ramadan

Sex offenders; reregistration; name change. Provides that a person required to register with the Sex Offender and Crimes Against Minors Registry must reregister in person with the local law-enforcement agency within three days following a change of the person's name and that a person who is incarcerated or civilly committed must notify the Registry within three days following a name change. Currently, there is no time specified for when such person has to reregister. The bill also requires that the information contained in the Registry must include any former name of a person required to register if he has lawfully changed his name during the period for which he is required to register.

A BILL to amend and reenact §§ 9.1-903 and 9.1-908 of the Code of Virginia, relating to sex offenders; reregistration; name change.

14103584D