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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 24, 2014
Time and Place: 8:00 AM / Senate Room B

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. 138 Magistrates; authorized to exercise powers regarding search warrants throughout Commonwealth.

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

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. 380 Virginia Freedom of Information Act; disclosure pursuant to court order or subpoena.

Patron: Surovell

Virginia Freedom of Information Act (FOIA); disclosure pursuant to court order or subpoena. Provides that nothing in FOIA shall have any bearing upon disclosures required to be made pursuant to any court order or subpoena, nor shall any discretionary exemption from mandatory disclosure be construed to make records covered by such discretionary exemption privileged under the rules of discovery, unless disclosure is otherwise prohibited by law.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3703.1, relating to the Virginia Freedom of Information Act; disclosure pursuant to court order or subpoena.

14100670D

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. 420 Public assets; misuse, adoption of local ordinance by locality, penalty.

Patron: Minchew

Misuse of public assets. Allows localities to adopt an ordinance that provides that a non-full-time officer, agent, employee, or elected official who misuses public assets when the value of such use exceeds $1,000 in a 12-month period is guilty of a Class 1 misdemeanor.

 

A BILL to amend and reenact § 18.2-112.1 of the Code of Virginia, relating to misuse of public assets; penalty.

14104815D

H.B. 492 Notaries; if not accredited to represent persons in immigration proceedings, shall not offer advice.

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

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 court 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. 607 Recordation & marginal release; circuit court clerk not required to make recordings in record books.

Patron: Robinson

Clerk; recordation; marginal release. Removes the requirements that the clerk of the circuit court make recordings in the margins of pages in record books to accommodate the use of electronic filing databases by circuit court clerks.

A BILL to amend and reenact §§ 6.2-417, 8.01-269, 8.01-431, 8.01-434, 8.01-452, 8.01-455, 17.1-238, 17.1-250, 38.2-2419, 43-65, 43-68, 55-66.4:1, 55-157, 55-245, 58.1-3227, 58.1-3301, 58.1-3310, 58.1-3360, and 64.2-2703 of the Code of Virginia, relating to recordation and marginal release.

14100814D

H.B. 660 Crimes; seizure and forfeiture of property.

Patron: Bell, Robert B.

Seizure and forfeiture of property used in connection with the commission of larcenies; certain other crimes. Provides that property used in connection with certain crimes associated with human trafficking is subject to forfeiture to the Commonwealth. The bill also removes certain duplicative offenses from an asset forfeiture statute pertaining only to automobiles.

A BILL to amend and reenact § 19.2-386.16 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.35, relating to forfeiture of vehicles and other property used in commission of certain crimes.

14101286D

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. 722 Methadone clinics; location near schools and day care centers, exemptions for existing facilities.

Patron: McClellan

Location of methadone clinics near schools and day care centers; exemptions for existing facilities and providers. Provides that licensed providers of methadone treatment that are exempt from restrictions regarding proximity to a school or day care center do not retain the exemption when relocating an existing facility or establishing a new facility.

A BILL to amend and reenact § 37.2-406 of the Code of Virginia, relating to the location of methadone clinics near schools and day care centers; exemptions for existing facilities and providers.

14101934D

H.B. 763 Recorded writings; cover sheets for deeds, indexes.

Patron: Minchew

Recorded writings; deeds; cover sheets; indexes. Permits but does not require the use of a cover sheet in the presentation of instruments for recordation in jurisdictions that do not currently mandate the use of cover sheets. The bill provides for specific requirements for cover sheets used in the filing of deeds and other instruments relating to real property and provides that the cover sheets shall be developed in conjunction with the Office of the Executive Secretary of the Supreme Court. The bill changes the statutory form of deeds, deeds of trust, and credit line deeds of trust. The bill removes the requirement that a deed of trust trustee's office be located within the Commonwealth. The bill expressly permits limited liability companies, partnerships, and other entities to act as trustees of a deed of trust. Under current law, only individuals and corporations may act as deed of trust trustees. The bill substitutes the term "beneficiary" for "noteholder" thereby including other types of secured parties. The bill also defines "prior mortgage" and redefines "refinance mortgage" to clarify the priority of mortgages. The bill contains a partial delayed effective date as to provisions governing cover sheets in Title 17.1.

A BILL to amend and reenact §§ 17.1-223, 17.1-227, 17.1-227.1, 17.1-249, 17.1-252, 55-48, 55-58 through 55-58.3, 55-106, and 58.1-811, as it is currently effective and as it may become effective, of the Code of Virginia, relating to form and effect of deeds and deeds of trust; recordation of deeds and deeds of trust.

14104390D

H.B. 768 Liens; mechanics liens, property value.

Patron: Hugo

Enforcement of liens; mechanics liens; property value. Increases from $7,500 to $10,000 the maximum value of property that may be sold for cash at auction to satisfy a lien of an innkeeper, etc., keeper of a livery stable, marina, etc., mechanic, garage keeper, or bailee without petitioning for a court order for the sale of such property.

A BILL to amend and reenact §§ 43-34 and 46.2-644.03 of the Code of Virginia, relating to enforcement of liens; property value.

14100903D

H.B. 861 Criminal Justice Services, Department of; included in definition of criminal justice agency.

Patron: Miller

Definition of criminal justice agency; Department of Criminal Justice Services. Specifies that the Department of Criminal Justice Services is a criminal justice agency.

A BILL to amend and reenact § 9.1-101 of the Code of Virginia, relating to the definition of criminal justice agency; Department of Criminal Justice Services.

14103541D

H.B. 933 Child support; update to guidelines.

Patron: Watts

Update to child support guidelines. Provides for updated child support guidelines. The new guidelines specify monthly child support obligation amounts for obligors who earn a gross monthly income of up to $35,000, with an added additional amount for gross income above $35,000. The bill provides that the court may set an obligation below the presumptive statutory minimum for obligors who earn equal to or less than 150 percent of the federal poverty level, provided that doing so does not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. The bill also removes the $250 floor on reasonable and necessary unreimbursed medical or dental expenses that are required to be paid by each parent in proportion to their gross incomes. This bill is a recommendation of the Child Support Guidelines Review Panel.

A BILL to amend and reenact § 20-108.2 of the Code of Virginia, relating to child support guidelines.

14102800D

H.B. 1038 District courts and circuit courts; no civil matter shall be dismissed with prejudice, etc.

Patron: Joannou

Certain rules prescribed by district courts; dismissal with prejudice. Provides that no civil matter shall be dismissed with prejudice by any district or circuit court for failure to comply with any rule prescribed by that district or circuit court concerning proper order and decorum and the safe use of courthouse facilities and clerk's offices.

A BILL to amend and reenact § 8.01-4 of the Code of Virginia, relating to certain rules prescribed by district courts and circuit courts; dismissal with prejudice.

14102895D

H.B. 1040 Traffic light signal photo-monitoring; use of system, appeals.

Patron: Joannou

Use of photo-monitoring systems to enforce traffic light signals; appeals. Provides that operators found in violation of ordinances created to enforce photo-monitoring systems for traffic lights have a right to appeal to the circuit court in a civil proceeding. The bill also reduces from $50 to $20 the amount of the matter in controversy above which an appeal of right exists in a civil case.

A BILL to amend and reenact §§ 15.2-968.1 and 16.1-106 of the Code of Virginia, relating to use of photo-monitoring systems to enforce traffic light signals; appeals.

14102891D

H.B. 1112 Cannabimimetic agents; regulation by Board of Pharmacy, penalties.

Patron: Garrett

Cannabimimetic agents; regulation by Board of Pharmacy; penalties. Substitutes the term "cannabimimetic agents" for the term "synthetic cannabinoids" to describe certain substances that are unlawful to possess, sell, give, distribute, or manufacture. The bill raises from a Class 6 felony to a Class 5 felony the penalty for selling, giving, distributing, or possessing with the intent to sell, give, or distribute such substances. The bill authorizes the Board of Pharmacy to add a substance into the list of controlled substances found in Schedule I or II or to the list of cannabimimetic agents via an expedited regulatory process. A substance added via this process is removed from such list after 18 months unless a general law is enacted adding the substance to such list. The bill also adds five new compounds to the list of cannabimimetic agents and one new research chemical to Schedule I.

A BILL to amend and reenact §§ 2.2-4006, 4.1-225, 9.1-176.1, 15.2-907, 16.1-260, 16.1-278.8:01, 18.2-248.1:1, 18.2-251, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-308.4, 18.2-474.1, 19.2-83.1, 19.2-187, 19.2-386.22 through 19.2-386.25, 22.1-277.08, 22.1-279.3:1, 24.2-233, 53.1-145, 53.1-203, 54.1-3401, 54.1-3443, and 54.1-3446 of the Code of Virginia, relating to cannabimimetic agents; regulation by Board of Pharmacy; penalties.

14104732D

H.B. 1122 Service of process; social security numbers.

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

H.B. 1196 Clerks offices; recordation, possession of child pornography, wills, etc.

Patron: Cline

Clerks offices; recordation; possession of child pornography; wills; when security is required. Provides that the secretary of an organized fire-fighting company may designate duties to another individual to include filing documentation with the circuit court. The bill also removes the requirement in the Uniform Federal Lien Registration Act that a filing officer endorse on the notice of a federal lien the title and address of the official or entity certifying the lien.

The bill also provides that clerks may possess evidence of child pornography in the course of their duties provided such possession is for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose. The bill also provides that clerks shall receive evidence at the time of admission and shall maintain control until the evidence is transferred on appeal, or destroyed or returned in accordance with law.

The bill also provides that the recorded orders of each day's circuit court proceedings shall be deemed to satisfy the requirements for official records when the judge's signature is shown in the order, the judge's signature is shown in the order book, or an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

The bill also provides that upon motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, or upon motion of the court or clerk, a personal representative may be required to furnish security.

A BILL to amend and reenact §§ 17.1-123, 18.2-374.1:1, 19.2-165, 27-42, 55-142.3, and 64.2-505 of the Code of Virginia, relating to clerks offices; recordation.

14104476D

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

Patron: Surovell

911 emergency service call records as evidence; admissibility. Provides that recordings and records of 911 emergency service calls shall be received as prima facie evidence of such recordings and records and that a copy of such recordings and records shall be so received if it is accompanied by a certificate that authenticates it as a true copy and the certificate contains the date and time of the incoming call and the incoming phone number associated with the call.

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. 1256 Detention and removal of U.S. citizen from State; SPS shall request notification within 24 hours.

Patron: Cline

Detention and removal of a citizen from the Commonwealth by the federal government. Provides that the Secretary of Public Safety shall request from the U.S. Secretary of Defense that, when an agency of the federal government detains any United States citizen pursuant to 50 U.S.C. § 1541 et seq. as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021 [providing for detention of any person "who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks" or "who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces"]), the U.S. Secretary of Defense shall provide notification within 24 hours of the detention to both the Secretary of Public Safety and the chief law-enforcement officer of the locality in which the citizen is detained and that the U.S. Secretary of Defense or his designee shall seek authorization from the chief law-enforcement officer of the locality in which the citizen is detained prior to removal of the citizen from the locality. The bill also provides that if the federal agency detaining any citizen pursuant to the National Defense Authorization Act fails to comply with either such request, funds appropriated for implementation or continuation of memoranda of understanding entered into by cabinet secretaries shall be contingent upon authorization by an act of the General Assembly in a subsequent year. Finally, the bill authorizes the Governor to terminate any memorandum of understanding for noncompliance.

A BILL relating to detention or removal of a United States citizen from the Commonwealth.

14103827D