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2014 SESSION

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House Committee on Courts of Justice
Subcommittee Criminal Law

Bell, Robert B. (Chairman), Albo, Cline, Gilbert, Miller, Villanueva, Morris, Adams, Watts, Herring, Mason

Date of Meeting: January 31, 2014
Time and Place: Immediately upon adjournment of the House, House Room C

H.B. 43 Federal firearms laws; enforcement.

Patron: Marshall, R.G.

Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2013, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

A BILL to prevent agencies and political subdivisions of the Commonwealth from assisting in the enforcement of new restrictions on the right to keep and bear arms imposed under federal firearms laws.

14100778D

Impact Statements

H.B. 91 Persons not guilty by reason of insanity; court-appointed counsel fees.

Patron: Habeeb

Persons not guilty by reason of insanity; court-appointed counsel fees. Increases from $25 to $75 the fee paid to court-appointed counsel representing a person in a civil commitment proceeding under Title 19.2 (Criminal Procedure). The bill also provides that court-appointed counsel representing a person who was acquitted of a felony by reason of insanity in a hearing to assess the need for inpatient hospitalization of the acquittee shall be paid a fee not to exceed $445 based on an hourly rate set by the Supreme Court of Virginia. This bill is a recommendation of the Judicial Council.

A BILL to amend and reenact § 19.2-182 of the Code of Virginia, relating to persons not guilty by reason of insanity; court-appointed counsel fees.

14101220D

Impact Statements

H.B. 96 Suspended or revoked license; person who drives motor vehicle and causes death of another person.

Patron: Head

Driving on a suspended or revoked license and causing the death of another person; penalty. Provides that any person who drives a motor vehicle in a reckless manner knowing his driver's license is suspended or revoked and causes an accident that results in the death of another person is guilty of a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-36.3, relating to driving recklessly with a suspended or revoked license; causing death of another person; penalty.

14100796D

Impact Statements

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. 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; minors. Amends the Sex Offender and Crimes Against Minors Registry Act to add solicitation of prostitution from a minor.

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

14101285D

Impact Statements

H.B. 252 Public assets; misuse, penalty.

Patron: Surovell

Misuse of public assets; penalty. Provides that any officer, agent, or employee of the Commonwealth or of any political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period is guilty of a Class 4 felony. Currently, only full-time officers, agents, or employees can be guilty of the crime.

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

14100204D

Impact Statements

H.B. 278 Juvenile and domestic relations district court; expungement of records.

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) the records for all offenses for which a juvenile was found not innocent shall be retained when the juvenile is also found guilty of a delinquent act that would be a felony if committed by an adult or certain traffic offenses that must be reported to the Department of Motor Vehicles 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.

14100688D

H.B. 285 Emergency protective orders; arrests for certain offenses.

Patron: Bell, Robert B.

Emergency protective orders; arrests for certain offenses. Defines 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, as any person authorized to make an arrest for a criminal offense, including special conservators of the peace.

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.

14103122D

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. 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 videotape, photograph, film, or other videographic or still image or reproduction thereof 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. If the depicted person is under the age of 18, the penalty is a Class 6 felony.

A BILL 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.

14101850D

Impact Statements

H.B. 344 Harassment by computer; impersonating another, penalty.

Patron: Taylor

Harassment by computer; impersonating another; penalty. Makes it a Class 6 felony for a person having assumed the identity of another living individual to use a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, make an obscene proposal, or threaten an illegal or immoral act.

A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to harassment by computer; impersonating another; penalty.

14102566D

Impact Statements

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. 486 Human trafficking of children; reports and investigation.

Patron: Hugo

Human trafficking of children; reports and investigation. Requires individuals currently required to report suspected child abuse or neglect to also report suspected cases of human trafficking of a child and specifies the duties of local departments of social services and courts with regard to investigating complaints of suspected human trafficking of a child.

A BILL to amend and reenact §§ 63.2-1502, 63.2-1509, and 63.2-1510 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-1503.1, relating to human trafficking of children; reports and investigation.

14102854D

Impact Statements

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

Impact Statements

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

Impact Statements

H.B. 567 Assault; touching a person's intimate parts, penalty.

Patron: Watts

Assault by touching a person's intimate parts; penalty. Provides that the penalty for a person who commits a simple assault, a Class 1 misdemeanor, by touching the intimate parts of another person or material directly covering such intimates parts shall include a term of confinement of at least six months with a 30-day mandatory minimum sentence.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault by touching a person's intimate parts; penalty.

14102312D

Impact Statements

H.B. 595 Criminal Justice Services, Department of; human trafficking policy.

Patron: BaCote

Department of Criminal Justice Services; human trafficking policy. Requires the Department of Criminal Justice Services to establish compulsory training standards and publish and disseminate a model policy or guideline for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses and the identification of victims of human trafficking offenses.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; human trafficking policy.

14102616D

Impact Statements

H.B. 624 Protective orders; companion animals.

Patron: Watts

Protective orders. Provides that a court may include in a protective order provisions prohibiting harm to a companion 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.

14102327D

Impact Statements

H.B. 657 Victims of crime; testimony using two-way closed-circuit television for certain offenses.

Patron: Bell, Robert B.

Testimony using two-way closed-circuit television; certain offenses. Permits a victim of kidnapping, criminal sexual assault, or family offenses to testify via two-way closed-circuit television if the court finds that the victim is unable to testify in open court because he will suffer severe emotional trauma. Currently, only child victims who are under 16 years old at the time of trial and who were under 14 years old at the time of the offense and child witnesses who are under 14 years old at the time of trial may testify in this manner.

A BILL to amend and reenact §§ 18.2-67.9 and 19.2-11.01 of the Code of Virginia, relating to testimony using two-way closed-circuit television; certain offenses.

14100841D

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. 671 Writ of actual innocence; petitions, bail hearings.

Patron: Herring

Writ of actual innocence; bail hearings. Provides that when the attorney for the Commonwealth joins in a petition for a writ of actual innocence, the petitioner may move the circuit court that entered the felony conviction for a bail hearing.

A BILL to amend and reenact § 17.1-513 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-327.2:1 and 19.2-327.10:1, relating to petitions for writ of actual innocence; bail hearings.

14102743D

H.B. 707 Digital impersonation; penalty.

Patron: Gilbert

Digital impersonation; penalty. Provides that a person who knowingly and without authorization credibly impersonates a living individual through or on an Internet website or by any other electronic means with the intent to harass, intimidate, or defraud another person is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-152.15:1, relating to digital impersonation; penalty.

14102266D

Impact Statements

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

Impact Statements

H.B. 716 Trafficking in persons; penalties.

Patron: McClellan

Trafficking in persons; penalties. Creates new felonies for trafficking in persons for forced labor or sexual servitude and adds the new felonies as a predicate criminal act under the criminal gang statute, as racketeering crimes, and to the functions of a multijurisdiction grand jury, and also allows seizure and forfeiture of property used in committing such felonies. The new felonies and the existing felony of receiving money for procuring a person are added to the rape shield statute. The bill also makes sexual servitude an affirmative defense to the crime of prostitution and allows a petition for a child in need of services to be substituted for a delinquency petition for certain minors arrested for prostitution, disallows the release of certain victim information, specifies law-enforcement protocol for victims who may not be legally present, requires persons convicted of the new felonies to pay restitution that compensates for the victim's labor, and creates a civil action for trafficked persons. The Secretary of Public Safety is required to convene an anti-trafficking committee and the Virginia Prevention of Human Trafficking Victim Fund is created, which will be administered by the Department of Criminal Justice Services.


A BILL to amend and reenact §§ 17.1-805, 18.2-46.1, 18.2-67.7, 18.2-346, 18.2-513, 19.2-11.2, 19.2-215.1, 19.2-305.1, and 19.2-386.32 of the Code of Virginia and to amend the Code of Virginia by adding in Article 8 of Chapter 2 of Title 2.2 a section numbered 2.2-224.2, by adding a section numbered 8.01-42.4, by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.2, by adding in Article 3 of Chapter 4 of Title 18.2 a section numbered 18.2-50.3, and by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.5, relating to trafficking in persons; penalties.

14102656D

Impact Statements

H.B. 723 Sentence credits; drug-related felonies.

Patron: McClellan

Sentence credits; drug-related felonies. Allows a maximum of seven and one-half sentence credits to be earned for each 30 days served on sentence for drug-related felonies. All other felony sentences will continue to earn sentence credits at a maximum of four and one-half days for each 30 days served. The bill also allows all felons to earn an additional two and one-half sentence credits for each 30 days served for participating in programs intended to assist in rehabilitation that are taken in addition to the mandatory programs in which they are already required to participate.

A BILL to amend and reenact § 53.1-202.3 of the Code of Virginia, relating to sentence credits; drug-related felonies.

14103419D

Impact Statements

H.B. 767 Crimes; seizure and forfeiture of property.

Patron: Bulova

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.

14103429D

H.B. 803 Crimes; seizure and forfeiture of property.

Patron: Simon

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. The bill also expands the asset forfeiture statute pertaining to automobiles to include watercraft and vehicles used in attempted robbery.

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.

14101078D

H.B. 810 Firearms; willful discharge, penalty.

Patron: Carr

Willful discharge of firearms with no discernible or designated target; penalty. Provides that any person who willfully discharges a firearm with no discernible or designated target within two miles of any occupied building and such conduct results in the death of another person is guilty of a Class 5 felony. The bill also provides that such conduct that does not result in the death of another but results in bodily injury to another person is a Class 6 felony. Finally, the bill provides that such conduct that does not result in the death of or bodily injury to another is a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-280 of the Code of Virginia, relating to willful discharge of firearms; penalty.

14100137D

Impact Statements

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

Patron: Keam

Automated sales suppression device; penalties. Makes it a Class 6 felony to willfully and knowingly sell, purchase, install, transfer, or possess an automated sales suppression device. An automated sales suppression device is an electronic means of falsifying records of cash registers and other point-of-sale systems. A guilty party is also subject to a $10,000 civil penalty and revocation of any registration, license, or bond issued pursuant to the tax laws of the Commonwealth.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 58.1 a section numbered 58.1-18, relating to possession or transfer of automated sales suppression devices; penalty.

14101321D

Impact Statements

H.B. 885 Criminal Injuries Compensation Fund; filing of claims.

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

Impact Statements

H.B. 941 Operating a vehicle or vessel containing a false compartment; penalty.

Patron: Surovell

Operating a vehicle or vessel containing a false compartment; penalty. Provides that it is a Class 6 felony for a person to (i) own or operate a vehicle or vessel containing a false or secret compartment, (ii) install, create, build, or fabricate in any vehicle or vessel a false or secret compartment, or (iii) sell, trade, or otherwise dispose of any vehicle or vessel containing a false or secret compartment. The bill defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

A BILL to amend the Code of Virginia by adding a section numbered § 18.2-323.03, relating to operating a vehicle or vessel containing a false compartment; penalty.

14103180D

Impact Statements

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 the care, custody, and control of an animal jointly owned, possessed, or cared for by (i) the petitioner and the respondent or (ii) a child residing in the petitioner's household and the respondent.

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.

14101852D

Impact Statements

H.B. 976 Homicides, certain; accessories after the fact.

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

Impact Statements

H.B. 994 Human trafficking; penalties.

Patron: Comstock

Human trafficking; penalties. Creates new felonies for trafficking in persons for forced labor or sexual servitude. The bill adds definitions of coercion, commercial sexual activity, debt bondage, and serious harm.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 4 of Title 18.2 a section numbered 18.2-50.3; human trafficking; penalties.

14103411D

Impact Statements

H.B. 1111 Tobacco products; electronic cigarettes, minors.

Patron: Hope

Tobacco products; electronic cigarettes; minors. Defines "tobacco product" for the purposes of the prohibition on the purchase or possession by or sale to minors of tobacco products. The term "tobacco product" includes an electronic smoking device, which is defined as any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or other substance through inhalation of vapor or aerosol from the product.

A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia, relating to tobacco products; electronic cigarettes; minors.

14103561D

H.B. 1112 Controlled substance analogs; regulation by Board of Pharmacy, synthetic cannabinoids, penalties.

Patron: Garrett

Controlled substance analogs; regulation by Board of Pharmacy; synthetic cannabinoids; penalties. Authorizes the Board of Pharmacy to place controlled substance analogs (a substance that has a substantially similar chemical structure to a controlled substance in Schedule I or II and that has or is intended to have the same or a greater stimulant, depressant, or hallucinogenic effect on the central nervous system) into the list of controlled substances found in Schedule I or II via an expedited regulatory process. Such controlled substance analogs are subject to the same penalties as those for the actual drug. The bill also repeals the specific criminal penalties for possession, etc., of synthetic cannabinoids and places synthetic cannabinoids into the list of controlled substances in Schedule I, where they will be subject to the same penalties as those for other Schedule I controlled substances with the exception of simple possession, which will be penalized as a Class 1 misdemeanor instead of as a Class 5 felony.

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, 18.2-46.1, 18.2-250, 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, 18.2-308.09, 18.2-308.1:5, 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, 54.1-3446, and 54.1-3456 of the Code of Virginia and to repeal § 18.2-248.1:1 of the Code of Virginia, relating to controlled substance analogs; synthetic cannabinoids; regulation by Board of Pharmacy; penalties.

14103614D

Impact Statements

H.B. 1126 Witnesses; protection of identity.

Patron: Ramadan

Protection of witness identity. Provides that a court may allow a witness in a criminal case to testify while wearing a disguise designed to conceal the witness's identity, using a pseudonym, or both if protection of the identity of the witness is necessary to further an important public policy and the reliability of the evidence presented by the witness whose identity would be protected is otherwise assured. The attorney for the Commonwealth may file a motion prior to trial seeking to protect a witness's identity and, if the defendant objects, the court shall hold an in camera hearing on the motion.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-269.3, relating to protection of witness identity.

14103704D

H.B. 1155 Crimes; seizure and forfeiture of property.

Patron: Comstock

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.

14103447D

Impact Statements

H.B. 1189 Writ of actual innocence; petitions, bail hearings.

Patron: Gilbert

Writ of actual innocence; bail hearings. Provides that when the attorney for the Commonwealth joins in a petition for a writ of actual innocence, the petitioner may move the circuit court that entered the felony conviction for a bail hearing.

A BILL to amend and reenact § 17.1-513 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-327.2:1 and 19.2-327.10:1, relating to petitions for writ of actual innocence; bail hearings.

14104092D

H.B. 1248 911 emergency service calls; admissibility of recordings and records in civil & criminal proceeding.

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 the Code of Virginia by adding sections numbered 8.01-390.3 and 19.2-188.4, relating to 911 emergency service call records as evidence; admissibility.

14101811D

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

Impact Statements