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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2014 SESSION
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 19, 2014
Time and Place: 1/2 Hour after adjournment / SR B
Patron: Comstock
Criminal Injuries Compensation Fund. Increases the maximum amount of covered expenses that may be paid to certain crime victims to $30,000 from $25,000 and the maximum amount of an emergency award for to $3000 from $2000. The bill requires the chairmen of the House Appropriations and Senate Finance Committees to appoint a joint subcommittee of the membership of such committees to consider the administration, provision and funding of sexual and domestic violence services in the Commonwealth. The joint subcommittee will examine current grant funding structures at state agencies for federal and state funds used to support sexual and domestic violence service agencies and will review the grant applications, administration, and reporting processes required of local sexual and domestic violence agencies and may recommend a comprehensive and streamlined grant funding process for a more efficient funding structure to best serve the victims of sexual and domestic violence while ensuring compliance with federal requirements, including the possible administration of such structure at the Criminal Injuries Compensation Fund.
A BILL to amend and reenact §§ 19.2-368.9 and 19.2-368.11:1 of the Code of Virginia, relating to the Criminal Injuries Compensation Fund.14104953D
Patron: Habeeb
Contracts; recording requirements. Deletes a reference to a subsection of the Code that was repealed in 2000 by House Bill 1204, which updated Article 9 (Secured Transactions) of the Uniform Commercial Code. There is no corresponding subsection in Article 9A which replaced Article 9. The bill is a recommendation of the Code Commission.
A BILL to amend and reenact § 55-96 of the Code of Virginia, relating to contracts, etc., void as to creditors and purchasers until recorded.14100970D
Patron: Pogge
Magistrates and district court judges; territorial jurisdiction; search warrants. Authorizes magistrates and district court judges to exercise powers regarding search warrants throughout the Commonwealth.
A BILL to amend and reenact §§ 16.1-69.25 and 19.2-44 of the Code of Virginia, relating to magistrates; district court judges; territorial jurisdiction.14104212D
Patron: Minchew
Courthouse; posting of notices; website. Provides that documents required to be posted by a clerk on or at the front door of a courthouse or on a public bulletin board at a courthouse may instead be posted on the public government website of the locality served by the court.
A BILL to amend and reenact § 1-211.1 of the Code of Virginia, relating to courthouse; posting of notices.14101989D
Patron: Albo
Audio recording of proceedings in general district court. Allows the audio recording of proceedings in general district court by a party or his counsel. Currently, such recording may only be done by tape recording.
A BILL to amend and reenact § 16.1-69.35:2 of the Code of Virginia, relating to recording of proceedings in district courts.14100687D
Patron: Knight
Appointment of jury commissioners and selection of jurors; selection of jurors to be placed on master jury list. Allows the chief judge of each circuit court to designate circuit court personnel to select and determine jurors to be placed on a master jury list, thereby eliminating the need for jury commissioners.
A BILL to amend and reenact §§ 8.01-339, 8.01-342 through 8.01-345, 19.2-263.3, and 25.1-229 of the Code of Virginia, relating to the appointment of jury commissioners and selection of jurors.14100626D
Patron: Minchew
Expert witness testimony; chiropractic, physician assistant. Allows a properly qualified physician assistant to testify as an expert witness in a court of law on certain matters within the scope of his activities as authorized under Virginia law, except in any medical malpractice action for or against (i) a defendant doctor of medicine or osteopathic medicine regarding the standard of care or (ii) a defendant health care provider regarding causation. The bill also adds "treatment" and "treatment plan" to those matters about which a chiropractor may testify as an expert witness.
A BILL to amend and reenact § 8.01-401.2 of the Code of Virginia, relating to expert witness testimony; chiropractor; physician assistant14104474D
Patron: Albo
Purchase, etc., of tobacco products by minors; nicotine vapor products and alternative nicotine products. Adds nicotine vapor products and alternative nicotine products to the list of tobacco products that cannot be sold to or purchased or possessed by a minor. The bill defines a nicotine vapor product as a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other means that can be used to produce vapor from nicotine in a solution or other form. The bill defines an alternative nicotine product as any noncombustible product containing nicotine that is intended for human consumption. This bill incorporates HB 26.
14104514D
Patron: Bell, Robert B.
Immediate sanction probation program; expansion. Extends the sunset provision on the establishment of immediate sanction probation programs, which provides for expedited proceedings for probation violations for certain nonviolent offenders, until July 1, 2016, and allows for the establishment of up to four programs. The authority to establish such programs was originally to expire on July 1, 2012, and was limited to two locations; however, provisions in the 2013 State Budget extended the sunset provision until July 1, 2014, and increased the maximum number of locations to four.
A BILL to amend and reenact § 19.2-303.5 of the Code of Virginia, relating to immediate sanction probation program; expansion.14100811D
Patron: Miller
Misleading advertising; certain allegation against real estate licensees. Provides that an allegation made by a plaintiff in a civil pleading that a defendant real estate licensee has caused to be placed an advertisement that (i) contains any promise, assertion, representation or statement of fact that is untrue, deceptive or misleading or (ii) uses any other method, device, or practice that is fraudulent, deceptive, or misleading to induce the public to enter into any obligation shall be stated with particularity.
A BILL to amend and reenact § 18.2-216 of the Code of Virginia, relating to certain allegations against real estate licensees.14104487D
Patron: Loupassi
Judicial performance evaluation program. Requires the judicial performance evaluation program, which provides a self-improvement mechanism for judges and a source of information for the reelection process, established by the Supreme Court of Virginia to submit evaluation reports on justices and judges whose terms expire during the next session of the General Assembly to the Chairmen of the House and Senate Committees for Courts of Justice by December 1 of each year. Such reports to the General Assembly are public records, but all other records created or maintained by or on behalf of the program are confidential.
A BILL to amend and reenact §§ 2.2-3705.7 and 17.1-100 of the Code of Virginia, relating to the judicial performance evaluation program.14100223D
Patron: Albo
False advertising for regulated services; notice; penalty. Prohibits persons from placing advertisements for services in the Commonwealth requiring a license, certification, or registration through the Virginia Department of Criminal Justice Services unless the individual who will perform such services possesses the necessary license, certification, or registration at the time of the posting. Violations of this provision constitute a Class 1 misdemeanor and a violation of the Virginia Consumer Protection Act. The bill also provides that whenever the Criminal Justice Services Board receives information that an advertisement has been placed for services to be performed by a person lacking the necessary license, certification, or registration, the Board shall provide notice to the entity publishing the advertisement to the public.
A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 9.1-149.1, relating to false advertisement for regulated services; notice; penalty.14104371D
Patron: Bell, Robert B.
Emergency protective orders; arrests for certain offenses. Includes special conservators of the peace who have met the certification requirements for a law-enforcement officer in the definition of a law-enforcement officer for the purposes of obtaining an emergency protective order and for making arrests for assault and battery against a household member, stalking, and violation of a protective order.
A BILL to amend and reenact §§ 16.1-253.4, 19.2-18, and 19.2-81.3 of the Code of Virginia, relating to arrest for domestic assault; emergency protective orders; definition of law-enforcement officer.14104016D
Patron: Loupassi
Appellate attorney fees. Eliminates the award of $50 in attorney fees to any party that recovers costs in the Court of Appeals or Supreme Court of Virginia. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 17.1-624 of the Code of Virginia, relating to attorney fee in the Court of Appeals and the Supreme Court of Virginia.14100530D
Patron: Bell, Robert B.
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 felony sex offense involving children. Such teams may also review other reports of child abuse and neglect or sex offenses in the jurisdiction. The bill has a delayed effective date of July 1, 2015.
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.14104836D
Patron: Anderson
Concealed handgun permit applicant; access to information. Allows a clerk of a circuit court to disclose information contained in a concealed handgun permit application to the applicant. Currently, the clerk may not disclose such information to anyone except for a law-enforcement officer acting in the performance of his official duties.
A BILL to amend and reenact § 18.2-308.02 of the Code of Virginia, relating to concealed handgun permit applicant; access to information.14102933D
Patron: Chafin
Jurisdiction; custody and visitation arrangements for minor children; definitions; person with a legitimate interest. Adds step-grandparents to the list of persons and parties with a legitimate interest involving custody, visitation, and support matters.
A BILL to amend and reenact §§ 16.1-241 and 20-124.1 of the Code of Virginia, relating to jurisdiction; custody and visitation arrangements for minor children; persons with legitimate interest.14102401D
Patron: Chafin
Judgment payment required to be noted by creditor; penalty. Provides that payment by a debtor shall be entered by the creditor within 90 days of payment of a judgment, or within 10 days of being notified, of satisfaction. The bill also provides that the judgment creditor shall be liable to a fine of $100 as well as the cost of releasing the judgment when the judgment creditor fails to enter such payment under such terms. Under current law, the judgment creditor is only subject to a $50 fine for failure to enter judgment within 10 days after receiving notice of satisfaction.
A BILL to amend and reenact § 8.01-454 of the Code of Virginia, relating to requirement that a judgment payment be noted by creditor; penalty.14103764D
Patron: Bell, Robert B.
Suspected abuse or neglect of a child; reports
to law enforcement. Requires the local department of social services
to notify the local attorney for the Commonwealth and the local law-enforcement agency of all complaints of suspected child abuse and neglect involving certain injuries or criminal acts immediately upon receipt of the complaint, but in no case more than two hours from receipt of the complaint. The bill also requires the local department to complete a written report on a form provided by the Board of Social Services for such purpose for each case in which a local law-enforcement agency is notified of a case of suspected child abuse or neglect.
14102913D
Patron: Hope
Filing of evaluation reports for incapacitated persons; requirement for filing under seal. Requires that medical evaluation reports filed in guardian or conservator proceedings before the circuit court be filed under seal. The bill also requires that a copy of the report be provided to the guardian ad litem, the respondent, and all adult individuals and entities whose names and post office addresses appear in the petition within a reasonable time prior to the hearing on the petition.
A BILL to amend and reenact § 64.2-2005 of the Code of Virginia, relating to filing of evaluation reports for incapacitated persons.14100833D
Patron: Albo
Notaries; providing advice on immigration; advertising. Prohibits a notary public who is not a federally accredited immigration representative from offering or providing advice on any immigration matter. The bill also prohibits a notary from assuming, using, or advertising the title of "notario," "notario publico," or "licenciado," unless such notary public is authorized or licensed to practice law in Virginia and provides for civil penalties and for revocation of a notary commission for such violations.
A BILL to amend the Code of Virginia by adding a section numbered 47.1-15.1, relating to prohibitions on notary advertising; penalty.14104581D
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
Patron: O'Bannon
Competency to stand trial; recommended treatment. Provides that in cases in which the evaluation report prepared by a qualified mental health expert indicates that the defendant requires treatment, the report shall state whether inpatient or outpatient treatment is recommended.
A BILL to amend and reenact § 19.2-169.1 of the Code of Virginia, relating to competency to stand trial; recommended treatment.14101192D
Patron: O'Bannon
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.14101196D
Patron: Miller
Number of circuit and district court judges. Increases and decreases the number of circuit, general district, and juvenile court judges authorized for each judicial circuit and district based on needs identified in a study report issued by the National Center for State Courts.
A BILL to amend and reenact §§ 16.1-69.6:1 and 17.1-507 of the Code of Virginia, relating to number of judges.14104717D
Patron: Lingamfelter
Virginia Fraud Against Taxpayers Act; liability for employment discrimination. Provides that when an employee is discriminated against in the terms and conditions of employment in whole or in part because of lawful acts done in furtherance of an action under the Virginia Fraud Against Taxpayers Act, or because of other efforts to stop a violation of the Virginia Fraud Against Taxpayers Act, joint and several liability shall extend to the officer or agent of the Commonwealth responsible for the adverse employment action.
A BILL to amend and reenact § 8.01-216.8 of the Code of Virginia, relating to Fraud Against Taxpayers Act; liability for employment discrimination.14104006D
Patron: McClellan
Mental health; prohibition of firearms. Requires the district court judge or special justice to file any order from a commitment hearing for involuntary admission, mandatory outpatient treatment, or voluntary admission subsequent to a temporary detention order with the district court clerk for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing.
The bill also amends guardianship provisions to require that a copy of the court's findings that a person is incapacitated or has been restored to capacity or a copy of any order appointing a conservator or guardian shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place "as soon as practical, but no later than the close of business on the next business day following the completion of the hearing." Current law does not specify in which county or city the copy shall be filed, nor does it provide a deadline.
The bill also changes from "forthwith" to a deadline of "as soon as practical but no later than the close of business on the following business day" for a clerk to certify and forward to the Central Criminal Records Exchange a copy of any order adjudicating a person incapacitated, any order appointing a conservator or guardian, or any order of restoration of capacity.
A BILL to amend and reenact §§ 37.2-819 and 64.2-2014, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to mental health and the prohibition of firearms.14104525D
Patron: Gilbert
Administration and enforcement of cigarette
laws. Modifies several provisions relating to the administration
and enforcement of Virginia's cigarette laws by providing that (i)
violations of cigarette tax laws may be investigated by a multijurisdiction
grand jury; (ii) counterfeit or unstamped cigarettes or cigarettes
in the possession of an unauthorized holder may be assigned by court
order for use by a law-enforcement undercover operation; (iii) a person
convicted of possessing unstamped cigarettes would be ineligible to
be an authorized holder of cigarettes; (iv) members of federal, state,
and local law enforcement would be exempt from cigarette taxes when
the cigarettes are used in the performance of investigatory duties;
(v) manufacturers and distributors of cigarettes would be allowed
to ship or deliver unstamped cigarettes to a law-enforcement agency
for use in the performance of its duties; and (vi) where a sealed
pack is labeled as containing cigarettes, such labeling would constitute
prima facie evidence that the pack is a pack of cigarettes. The bill also 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.
14102662D
Patron: Peace
Criminal Injuries Compensation Fund. Allows the Fund to extend the time for filing a claim if the attorney for the Commonwealth submits written notice that the crime is being investigated as a result of newly discovered evidence. The bill applies to crimes committed on or after July 1, 1977, because under current law, the only claims that can be accepted are those for crimes that occurred on or after that date. The bill does not apply to crimes committed on or after July 1, 2001, because legislation that became effective on July 1, 2001, allowed the Virginia Workers' Compensation Commission, which administers the Fund, to extend the time for filing for good cause shown.
A BILL to amend and reenact § 19.2-368.5 of the Code of Virginia, relating to the Criminal Injuries Compensation Fund; filing of claims.14100095D
Patron: Cline
Protection of confidential information in court files. Provides that whenever a party in a civil action files a motion or other document with a court containing a social security number or other identification numbers on driver's licenses, credit cards, debit cards, bank accounts, or other electronic billing and payment systems, such party shall make reasonable efforts to redact all but the last four digits of such number. The bill also provides that failure to redact such information does not create private cause of action against the party or lawyer who filed the document or any court personnel, clerk, or other employees who received the document for filing. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
A BILL to amend the Code of Virginia by adding in Article 9 of Chapter 14 of Title 8.01 a section numbered 8.01-420.8, relating to protection of confidential information in court files.14100532D
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
Patron: Cline
Accessories after the fact to certain homicides. Provides that an accessory after the fact to a homicide offense that is punishable by death or as a Class 2 felony is guilty of a Class 6 felony. Currently, accessories after the fact to any felony are guilty of a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-19 of the Code of Virginia, relating to accessories after the fact to certain homicides.14101996D
Patron: Campbell
Record retention in district courts. Permits the chief judge of a juvenile and domestic relations district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that the documents have been microfilmed or converted to an electronic format. Currently, the chief judge of a general district court has such authority.
A BILL to amend and reenact § 16.1-69.55 of the Code of Virginia, relating to record retention in district courts.14100364D
Patron: Kilgore
Divorce; affidavit in support. Changes the requirements in affidavits for no-fault divorce relating to incarceration from affirming or verifying that neither party is incarcerated to affirming or verifying the incarceration status of both parties. The bill replaces references to "allegations" in such affidavits with "grounds for divorce," language more consistent with the rest of the title. The bill also provides that neither party shall submit evidence by affidavit without leave of court or the consent in writing of the guardian ad litem for an incarcerated party, or of an incarcerated party if a guardian ad litem is not required.
A BILL to amend and reenact § 20-106 of the Code of Virginia, relating to oral testimony and evidence by affidavit in a suit for divorce.14100508D
Patron: Helsel
Regional Criminal Justice Academy Training Fund; local fee. Changes the date by which a locality must have been operating a certified independent criminal justice academy from July 1, 2010, to July 1, 2012, to allow certain localities to receive money from the Fund for operating their criminal justice academies.
A BILL to amend and reenact § 9.1-106 of the Code of Virginia, relating to the Regional Criminal Justice Academy Training Fund; local fee.14103111D
Patron: Cole
Service of process; social security numbers. Requires a person serving process to redact a party's social security number from any writing, process, or attached pleading before service of process is effected on the party by any method other than delivering a copy to the party in writing and in person. The bill also requires a person serving process to make an attempt at personal service prior to effectuating any method of substituted service.
A BILL to amend and reenact § 8.01-296 of the Code of Virginia, relating to service of process; Social Security numbers.14103005D
Patron: Leftwich
Persons liable to serve as jurors. Provides that, for purposes of determining whether a person is liable to serve as a juror, military personnel of the United States Marine Corps and Coast Guard are not considered residents of the Commonwealth merely by reason of being stationed in the Commonwealth. Members of the United States Army, Air Force, and Navy are likewise not considered Commonwealth residents under current law.
A BILL to amend and reenact § 8.01-337 of the Code of Virginia, relating to persons liable to serve as jurors.14103998D
Patron: Comstock
Firearms training standard; auxiliary police officers. Provides that the minimum training standards for auxiliary police officers employed by any local or state government agency established by the Department of Criminal Justice Services shall include optional firearms training requirements in accordance with the specific requirements of any such agency.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to firearms training standards; auxiliary police officers.14103702D
Patron: Toscano
Address Confidentiality Program; victims of stalking. Makes victims of stalking eligible for the Address Confidentiality Program. Under current law, only victims of domestic violence are eligible for participation. The bill also allows the Office of the Attorney General to cancel a program participant's certification if the participant obtains a name change through an order of the court and does not provide notice and a copy of the order to the Office of the Attorney General within seven days after entry of the order.
A BILL to amend and reenact § 2.2-515.2 of the Code of Virginia, relating to Address Confidentiality Program; victims of stalking.14101667D