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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2014 SESSION
Bell, Robert B. (Chairman), Albo, Cline, Gilbert, Miller, Villanueva, Morris, Adams, Watts, Herring, Mason
Date of Meeting: February 5, 2014
Time and Place: Immediately upon adjournment of the Ethics subcommittee
Location: House Room C
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. 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. 298 Firearm possession; involuntary commitment and restoration of rights.
Patron: Loupassi
Involuntary commitment and restoration of firearm rights. Responds to the holding in Paugh v. Henrico Area Mental Health and Developmental Services, Record No. 121562 (2013), in which the Virginia Supreme Court held that on appeal by trial de novo in circuit court of an order of involuntary commitment by a district court, upon the circuit court's finding that the appellant no longer meets the criteria for involuntary commitment, the proper remedy is dismissal of the Commonwealth's petition for involuntary commitment, thereby rendering the original commitment order a nullity. As such, because the original petition would in effect never have existed, forfeiture of the right to possess a firearm as required by § 18.2-308.1:3 upon involuntary commitment would no longer be in effect. Section 18.2-308.1:3 requires that a person who has been involuntarily committed and seeks to have his firearm rights restored petition a district court for restoration of his firearm rights. The ruling in Paugh, by requiring dismissal of the original petition for commitment, removes that requirement even though on the date of the original commitment hearing the person did meet the criteria for commitment and was, in fact, involuntarily committed. The bill provides that notwithstanding the outcome of any appeal (trial de novo on the petition for commitment) taken pursuant to § 37.2-821, the appellant shall be required to seek restoration of his firearm rights. The bill also provides that upon a finding by the circuit court that the appellant no longer meets the criteria for involuntary commitment (or mandatory outpatient treatment), the court shall reverse the order of the district court but shall not dismiss the Commonwealth's petition. As a consequence of these changes, a person who is involuntarily committed would be required to petition for restoration of his firearm rights notwithstanding the reversal of the commitment order by a circuit court.
A BILL to amend and reenact §§ 18.2-308.1:3 and 37.2-821 of the Code of Virginia, relating to mental health as disqualifier for firearm possession.14100114D
H.B. 334 Multidisciplinary child sexual abuse response teams, local; 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. 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. 420 Public assets; misuse, penalty.
Patron: Minchew
.Misuse of public assets. Subjects anyone who works for or is elected to any government body to the penalties for misuse of public assets. Currently, only full-time persons or officers are subject to the penalty.
A BILL to amend and reenact § 18.2-112.1 of the Code of Virginia, relating to misuse of public assets; penalty.14102201D
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. 542 Crime; wearing masks during commission or attempting to commit, penalty.
Patron: McQuinn
Wearing masks during commission of crime; penalty. Provides that a person who wears a mask, hood, or other device that hides or covers a substantial portion of the face with the intent to conceal his identity while committing or attempting to commit a felony is guilty of a Class 6 felony and that such person is guilty of a Class 2 misdemeanor if the mask is worn while he is committing or attempting to commit a Class 1 misdemeanor. Under current law, it is a Class 6 felony for any person over 16 years of age to wear a mask in public or on private property without the consent of the owner, subject to certain exceptions.
A BILL to amend and reenact § 18.2-422 of the Code of Virginia, relating to wearing masks during commission of crime; penalty.14101107D
Impact Statements
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. 613 Mandatory school attendance laws, certain; violations, penalty.
Patron: Robinson
Violations of certain mandatory school attendance laws; penalty. Provides that individuals who violate certain compulsory school attendance laws are guilty of a misdemeanor and may be confined not more than 30 days or fined not more than $500 or both. Under current law, such individuals may be found guilty of a Class 3 misdemeanor and fined not more than $500. The bill removes the requirement that second or subsequent offenders must have knowingly and willfully violated such compulsory school attendance laws to be guilty of a Class 2 misdemeanor. The bill also permits judges to take cases involving first-time offenders of such compulsory school attendance laws under advisement and discharge the individual and dismiss the charges upon satisfaction of terms and conditions.
A BILL to amend and reenact § 22.1-263 of the Code of Virginia, relating to violations of compulsory school attendance laws; penalty.14102514D
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. 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. 753 Students; admissibility of certain statements.
Patron: Rust
Certain statements of students; admissibility. 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.
A BILL to amend the Code of Virginia by adding a section numbered 16.1-274.2, relating to certain statements from students; admissibility.14101498D
H.B. 761 Fare enforcement inspectors; appointed to enforce payment of fares for use of mass transit facility.
Patron: Rust
Fare enforcement inspectors. Provides for the appointment of fare enforcement inspectors to enforce payment of fares for use of mass transit facilities. The bill also provides that failure of a transit user to produce proof of fare payment constitutes a Class 4 misdemeanor.
A BILL to amend the Code of Virginia by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:30, relating to fare enforcement inspectors.14103222D
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. 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. 1188 Animal fighting; money paid for admission to certain premises, etc.
Patron: Albo
Animal Fighting. Prohibits wagering on the charging of admission for the participation in any event or exhibition at which a dog and either a coyote or a fox are placed into an enclosed area. The penalty for a violation of the provisions of this bill is a class 6 felony.
A BILL to amend and reenact § 3.2-6571 of the Code of Virginia, relating to animal fighting.14104089D
Impact Statements
H.B. 1199 Certificate of analysis; procedures for notifying accused, witness fees.
Patron: Minchew
Procedures for notifying accused of certificate of analysis; witness fees. Provides that an accused who, in a case where a certificate of analysis is to be introduced into evidence, demands the presence of or calls as a witness a person involved in the chain of custody of the material subject to the certificate of analysis shall be charged $50 as court costs if the accused is found guilty of the charge for which such witness was summoned.
A BILL to amend and reenact § 19.2-187.1 of the Code of Virginia, relating to procedures for notifying accused of certificate of analysis; witness fees.14103869D
Impact Statements
H.B. 1226 Stalking; penalty.
Patron: Rasoul
Stalking; penalty.
A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking; penalty.14104128D
Impact Statements
H.B. 1233 Address Confidentiality Program; victims of stalking eligible for Program.
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
Impact Statements