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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: February 3, 2014
Time and Place: Immediately upon adjournment of Ethics Subcommittee, House Room C
Please note: This is a change in time

H.B. 17 Cellular telephone, etc.; warrant requirement if used as tracking device & obtaining location data.

Patron: Marshall, R.G.

Warrant requirement for cellular telephone, etc., as tracking device and obtaining location data. Provides that a cellular phone or other wireless telecommunications device is a tracking device when it is used to track the movement of a person and that such use requires a warrant issued by a judicial officer. The bill also provides that the "location data" of a customer of an electronic communication service or a remote computing service may only be retrieved from the provider by warrant or consent of the customer. Location data is defined as any data or information that tracks, either at a point in time or over a period of time, the location of a subscriber to or customer of a provider of electronic communication service or a remote computing service as determined by the location of an electronic device to which the subscriber or customer has legal title, claim, right, custody, or ultimate control.

A BILL to amend and reenact §§ 18.2-152.17, 19.2-56.2, and 19.2-70.3 of the Code of Virginia, relating to warrant requirement for cellular telephone, etc., as tracking device and obtaining location data.

14100125D

H.B. 48 Firearms; possession following conviction of certain crimes, penalty.

Patron: Simon

Possession of firearms following conviction of certain crimes; penalty. Prohibits any person who is convicted of stalking, sexual battery, or assault and battery of a family member that results in serious bodily injury from possessing, transporting, or carrying a firearm or any other weapon for a period of five years following his conviction. A violation would constitute a Class 6 felony. The bill also provides for the forfeiture of any weapon possessed, transported, or carried in violation of the prohibition. Finally, the bill provides for a process by which a violator may petition the circuit court for a reinstatement of his rights to possess, transport, or carry a weapon.

A BILL to amend and reenact § 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to possession of firearms following certain criminal convictions; penalty.

14101057D

Impact Statements

H.B. 173 Electronic devices; search without warrant prohibited.

Patron: Farrell

Search of electronic device without warrant prohibited. Provides that no officer of the law or any other person shall search any cellular telephone, tablet computer, portable computer, desktop computer, or other electronic device containing or designed to contain electronic data or digital information except by virtue of and under a warrant issued by a proper officer.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-59.2, relating to warrant requirement for search of devices containing digital information.

14100584D

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. 334 Local multidisciplinary child sexual abuse response teams; attorney to establish to review cases.

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 child sexual abuse in the jurisdiction. The bill has a delayed effective date.

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.

14102898D

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. 404 Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator.

Patron: Bell, Robert B.

Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator. Prohibits any individual who has not previously participated in investigations of alleged abuse or neglect of a child from participating in investigations of cases of alleged sexual abuse of a child unless he has completed a training program for investigation of cases involving alleged sexual abuse of a child or is directly supervised by a person who has completed such training. The bill also prohibits individuals who have not completed training for investigation of cases involving alleged sexual abuse of a child from making dispositional findings in such cases.

A BILL to amend and reenact § 63.2-1505 of the Code of Virginia, relating to investigation of cases involving alleged sexual abuse of a child; qualifications of investigator.

14102905D

Impact Statements

H.B. 405 Suspected abuse or neglect of a child; reports to law enforcement.

Patron: Bell, Robert B.

Suspected abuse or neglect of a child; reports to law enforcement. Requires the local department of social services 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.

A BILL to amend and reenact § 63.2-1503 of the Code of Virginia, relating to suspected abuse or neglect of a child; reports to law enforcement.

14102913D

Impact Statements

H.B. 515 Students; inadmissibility of certain statements, parental notification.

Patron: Minchew

Certain statements of students; admissibility; parental notification. Provides that statements made by a student to a school employee as a result of an interrogation are inadmissible in a delinquency proceeding unless the student's custodian was present at the time the statement was made. The bill also makes mandatory the notification of the parents of any student who violates certain school board policy or compulsory school attendance requirements and allows such notification to be made by an administrative designee as well as the school principal.

A BILL to amend and reenact § 22.1-279.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-274.2, relating to certain statements from students; admissibility; parental notification.

14102706D

H.B. 598 Writ of actual innocence; type of plea required for issuance.

Patron: Herring

Plea required for issuance of a writ of actual innocence. Provides that a convicted person may petition for a writ of actual innocence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on nonbiological evidence if he entered a plea of not guilty; a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life.

A BILL to amend and reenact §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11 of the Code of Virginia, relating to the type of plea required for issuance of a writ of actual innocence.

14101613D

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. 813 Electronic devices; search without warrant prohibited.

Patron: Carr

Search of electronic device without warrant prohibited. Provides that no officer of the law or any other person shall search any cellular telephone, tablet computer, portable computer, desktop computer, or other electronic device containing or designed to contain electronic data or digital information except by virtue of and under a warrant issued by a proper officer.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-59.2, relating to warrant requirement for search of devices containing digital information.

14101726D

H.B. 814 Cellular telephone, etc.; warrant requirement for use as tracking device.

Patron: Carr

Warrant requirement for cellular telephone, etc., as tracking device. Provides that a cellular phone or other wireless telecommunications device is a tracking device when it is used to track the movement of a person and that such use requires a warrant issued by a judicial officer.

A BILL to amend and reenact § 19.2-56.2 of the Code of Virginia, relating to warrant requirement for cellular telephone, etc., as tracking device.

14101727D

Impact Statements

H.B. 817 Telecommunications records; warrant requirement for certain records to be retrieved .

Patron: Carr

Warrant requirement for certain telecommunications records. Provides that the "location data" of a customer of an electronic communication service or a remote computing service may only be retrieved from the provider by warrant or consent of the customer. Location data is defined as any data or information that tracks, either at a point in time or over a period of time, the location of a subscriber to or customer of a provider of electronic communication service or a remote computing service as determined by the location of an electronic device to which the subscriber or customer has legal title, claim, right, or ultimate control.

A BILL to amend and reenact §§ 18.2-152.17 and 19.2-70.3 of the Code of Virginia, relating to warrant requirement for certain telecommunications records.

14101728D

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. 892 State employment; questions about criminal convictions, arrests, and charges.

Patron: Krupicka

State employment; questions about criminal convictions, arrests, and charges. Prohibits state agencies from including on any employment application a question inquiring whether the prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. Subject to certain exceptions, a state agency shall not inquire whether a prospective employee has been convicted of, arrested for, or charged with a crime prior to interviewing the prospective employee. During an interview, the state agency may ask if the prospective employee has a conviction of, has been arrested for, or has been charged with a specific crime or type of crime that bears a rational relationship to the duties and responsibilities of the position.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2812.1, relating to state agency inquiries of prospective employees regarding criminal convictions, charges, and arrests.

14103335D

H.B. 1029 Libel and slander; candidates for office.

Patron: Orrock

Libel and slander; candidates for office. Creates a Class 1 misdemeanor for any person to use campaign funds for the purpose of knowingly and falsely asserting criminal behavior on the part of a candidate.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 10 of Title 24.2 a section numbered 24.2-1005.2, relating to slander and libel; candidates for office.

14102118D

Impact Statements

H.B. 1073 Criminal history record information; unauthorized dissemination, etc., civil action.

Patron: Loupassi

Unauthorized dissemination, etc., of criminal history record information; civil action. Creates a civil action against any person who disseminates, publishes, maintains, or causes to be disseminated, published, or maintained any criminal history record information pertaining to an individual's charge or arrest for a criminal offense more than 120 days after confirmation by the State Police to the individual that such information has been expunged. Such person will be liable to the person who is the subject of the information for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. A person is not liable, however, if the dissemination, publication, or maintenance of such information was not prohibited at the time of such action.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.3, relating to civil action for unauthorized dissemination, etc., of criminal history record information.

14100598D

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. 1215 Reckless driving; violation of right-of-way.

Patron: Bell, Robert B.

Reckless driving; violation of right-of-way. Provides that a person shall be guilty of reckless driving who commits certain traffic infractions for violation of right-of-way when the violation results in the death or serious bodily injury of another person.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-863.1, relating to reckless driving; violation of right-of-way.

14103786D

H.B. 1240 Guardian ad litem; mandatory reporting of child abuse or neglect.

Patron: Hope

Guardian ad litem; mandatory reporting of child abuse or neglect. Requires any guardian ad litem who has been appointed by a court to represent a child to report suspected child abuse or neglect to a local department of social services or to the Department of Social Services' toll-free child abuse and neglect hotline, except when prohibited by attorney-client privilege.

A BILL to amend and reenact § 63.2-1509 of the Code of Virginia, relating to mandatory reporting of child abuse or neglect by guardians ad litem.

14104157D

H.B. 1245 Firearms; purchase or transportation by persons convicted of certain drug offenses.

Patron: Filler-Corn

Purchase or transportation of firearm by persons convicted of certain drug offenses. Provides that any person who has been convicted of two misdemeanor offenses for possession of synthetic cannabinoids, marijuana, or controlled substances within a 36-month period is prohibited from purchasing or transporting a firearm. Currently, the prohibition only applies to handguns.

A BILL to amend and reenact § 18.2-308.1:5 of the Code of Virginia, relating to purchase or transportation of firearm by persons convicted of certain drug offenses.

14103856D

Impact Statements