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2015 SESSION

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Senate Committee on Courts of Justice

Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Mark D. Obenshain

Clerk: John Garrett
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 19, 2015
Time and Place: 8:00 A.M Senate Room B
Time/Location Updated

S.B. 680 Magistrates; appointment and supervision.

Patron: Carrico

Magistrates; appointment and supervision. Reinstates supervisory control over the magistrate system with the chief circuit court judge and the Committee on District Courts and abolishes magisterial regions. In 2008, appointment of and supervisory authority over magistrates was transferred to the Executive Secretary of the Virginia Supreme Court with a provision for consultation with the chief judges of the circuit courts in the region where the appointment is made.

A BILL to amend and reenact §§ 19.2-34 through 19.2-38, 19.2-43, 19.2-44, 19.2-45, 19.2-46, 19.2-46.1, 19.2-48.1, and 37.2-809 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-35.1, relating to magistrates.

15100269D

S.B. 689 Concealed handgun permits; lifetime permits.

Patron: Black

Concealed handgun permits; lifetime permits. Provides for the issuance of concealed handgun permits for Virginia residents that do not expire. Currently, such permits must be renewed every five years.

A BILL to amend and reenact §§ 18.2-308.01, 18.2-308.02, 18.2-308.04, 18.2-308.05, and 18.2-308.011 of the Code of Virginia and to repeal § 18.2-308.010 of the Code of Virginia, relating to concealed handgun permits; lifetime permits.

15100379D

S.B. 794 Magistrates; issuance of arrest warrants, competency to testify.

Patron: Carrico

Magistrates; issuance of arrest warrants; competency to testify. Provides that a magistrate may not issue an arrest warrant for any criminal offense upon the basis of a complaint by a person other than a law-enforcement officer or an animal control officer without prior authorization from the attorney for the Commonwealth or a law-enforcement agency in his jurisdiction. This procedure already applies to felonies; this bill will add misdemeanors to the existing provision. The bill provides that a person who has the power to issue warrants is competent to testify in a criminal proceeding on a crime committed in his presence in the course of his official duties.

A BILL to amend and reenact §§ 19.2-71, 19.2-72, and 19.2-271 of the Code of Virginia, relating to issuance of process of arrest for criminal offenses; testimony of certain judicial personnel.

15100270D

S.B. 884 Domestic corporations; service of process on registered agent.

Patron: Petersen

Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office.

A BILL to amend and reenact § 8.01-299 of the Code of Virginia, relating to substituted service of process on registered agent of corporation.

15100877D

S.B. 888 Electronic summons systems; fees; towns.

Patron: Petersen

Electronic summons systems; fees; towns. Allows towns to assess a fee not to exceed $5, as part of the costs in each criminal or traffic case in district or circuit court, to be used for the implementation and maintenance of an electronic summons system.

A BILL to amend and reenact § 17.1-279.1 of the Code of Virginia, relating to additional assessment for electronic summons systems; towns.

15102002D

S.B. 891 Mechanics' liens; subcontractor's waiver of lien rights.

Patron: Petersen

Mechanics' liens; subcontractor's waiver of lien rights. Protects a subcontractor from waiving his lien rights, bond claims, claims for additional costs, or any other rights unless the subcontractor has been compensated for the work or materials related to the waiver.

A BILL to amend and reenact § 43-3 of the Code of Virginia, relating to mechanics' liens; subcontractor's waiver of lien rights.

15102012D

S.B. 892 Overdoses; establishes an affirmative defense to prosecution of an individual, etc., safe reporting.

Patron: Petersen

Safe reporting of overdoses. Establishes an affirmative defense to prosecution of an individual for (i) simple possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii) the unlawful purchase, possession, or consumption of alcohol if such individual sought or obtained emergency medical attention for himself or for another individual because of a drug- or alcohol-related overdose and if the evidence for the charge was obtained as a result of the individual seeking or obtaining emergency medical attention. The bill provides that the affirmative defense may only be invoked by an individual who (a) remains at the scene of the overdose or at any location to which he is transported for emergency medical attention until a law-enforcement officer responds to the report of an overdose and (b) identifies himself to the responding law-enforcement officer. This affirmative defense does not prohibit the use of such evidence in the prosecution of such individual for any other offense or the prosecution of other individuals for any offense.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-251.03, relating to safe reporting of overdoses.

15102035D

S.B. 903 Problem-Solving Courts; established report.

Patrons: Puller, Reeves

Problem-Solving Courts; established. Establishes the Problem-Solving Court Act (the Act). The bill allows the establishment of problem-solving courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of offenders who have special conditions and needs based on military service, mental illness, or societal re-entry. The bill establishes a state problem-solving court docket advisory committee and requires localities intending to establish such courts to establish local advisory committees. The Supreme Court of Virginia is given administrative oversight for the implementation of the Act. The Act is modeled on the Drug Treatment Court Act (§ 18.2-254.1).

A BILL to amend and reenact § 2.2-2001.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-254.2, relating to the Problem-Solving Court Act.

15101836D

S.B. 908 Police and court records; expungement, court may order without conducting a hearing.

Patron: Stanley

Expungement of police and court records; hearing. Provides that within 21 days after being served with a petition requesting expungement of police and court records, the attorney for the Commonwealth may give written notice to the court that he does not object to the petition. If such notice is given, the court may enter an order of expungement without conducting a hearing. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records; hearing.

15100519D

S.B. 913 Custody or visitation orders; filing fees.

Patron: Wexton

Filing fees; motions to modify custody or visitation orders. Provides for a $25 filing fee for a petition for the modification of a custody or visitation order filed in the juvenile and domestic relations district court.

A BILL to amend and reenact § 16.1-69.48:5 of the Code of Virginia, relating to filing fees; motions to modify custody or visitation orders.

15100553D

S.B. 914 Sexually violent predator offenses; retention of court case files.

Patron: Wexton

Retention of court case files. Requires that the circuit court and district court case files on crimes for which a person can be committed as a sexually violent predator be retained for 50 years. This provision already applies to juvenile court records.

A BILL to amend and reenact §§ 16.1-69.55 and 17.1-213 of the Code of Virginia, relating to retention of court records; sexually violent predator offenses.

15100555D

S.B. 915 Indecent liberties; venue.

Patron: Wexton

Indecent liberties; venue. Provides that the venue provisions for taking indecent liberties with a child by a person in a custodial or supervisory relationship will be the same as those for the crime of taking indecent liberties with a child when there is no custodial or supervisory relationship.

A BILL to amend and reenact § 18.2-359 of the Code of Virginia, relating to venue for certain sex crimes.

15100758D

S.B. 918 Sex offender registration; verification.

Patron: Wexton

Sex offender registration; verification. Allows the Department of Corrections and community supervision agencies to cause the registration information to be physically verified, as an alternative to physically verifying the registration information, for persons required to register as sex offenders for whom the Department or community supervision agency is currently statutorily required to verify. The State Police currently has this authority for persons whose registration information it is required to verify.

A BILL to amend and reenact § 9.1-907 of the Code of Virginia, relating to sex offender registration; verification procedures.

15101264D

S.B. 919 Administrative subpoenas; electronic communication services, sealing of subpoena.

Patron: Wexton

Administrative subpoenas; electronic communication services; sealing of subpoena. Amends section that gives attorneys for the Commonwealth 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 of certain pornography, abduction, and prostitution crimes to state that such subpoena shall be sealed if the attorney for the Commonwealth makes written certification that the disclosure of the existence of the subpoena will have an adverse result. The bill defines "adverse result."

A BILL to amend and reenact § 19.2-10.2 of the Code of Virginia, relating to administrative subpoenas; electronic communication service or remote computing service; sealing.

15101301D

S.B. 923 Child support; court may order for disabled child over age of 18.

Patron: Wexton

Child support for disabled child over the age of 18 (Conner's Law). Provides that a court may order child support for any child over the age of 18 who is severely and permanently mentally or physically disabled if such disability existed prior to the child reaching the age of 18 or the age of 19 if the child was a full-time high school student, not self-supporting, and was living in the home of the parent seeking child support. Current requirements that the child also be unable to live independently, unable to support himself, and reside in the home of the parent seeking child support remain unchanged.

A BILL to amend and reenact §§ 16.1-278.15, 20-60.3, 20-103, and 20-124.2 of the Code of Virginia, relating to child support for a disabled child.

15102255D

S.B. 934 Sex Offender and Crimes Against Minors Registry; supplement to Registry (Robby's Rule).

Patron: Wexton

Supplement to the Sex Offender and Crimes Against Minors Registry; Robby's Rule. Requires the Superintendent of State Police to establish and maintain a supplement to the Sex Offender and Crimes Against Minors Registry that would include the names of persons who have committed offenses that would require registration if the offense occurred today, but who are not otherwise required to register due to the date of conviction. The bill provides that any attorney for the Commonwealth or law-enforcement officer may submit a request to the Department of State Police to include a person on the supplement to the Registry. Upon receipt of a request, the Department of State Police must confirm whether the person should be included on the supplement to the Registry.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 9.1 a section numbered 9.1-923, relating to a supplement to the Sex Offender and Crimes Against Minors Registry.

15102930D

S.B. 941 Protective orders; compensation for required representation of respondents.

Patron: Stuart

Protective orders; compensation for required representation of respondents. Provides for the compensation of counsel or a guardian ad litem for the required representation of a respondent in a proceeding for the issuance of a protective order under Chapter 9.1 of Title 19.2. This bill is a recommendation of the Committee on District Courts.

A BILL to amend the Code of Virginia by adding in Chapter 9.1 of Title 19.2 a section numbered 19.2-152.12, relating to protective orders; compensation for required representation of respondents.

15102112D

S.B. 948 Concealed handgun permits; sharing of information.

Patron: Stuart

Concealed handgun permits; sharing of information. Provides that information on concealed handgun permitees in the Virginia Criminal Information Network may not be shared with law enforcement in states that do not have reciprocity agreements with Virginia for the carrying of concealed handguns.

A BILL to amend and reenact § 18.2-308.07 of the Code of Virginia, relating to concealed handgun permits; access to Virginia Criminal Information Network.

15100309D

S.B. 957 Child support; court may order for disabled child over the age of 18 (Conner's Law).

Patron: Favola

Child support for disabled child over the age of 18 (Conner's Law). Provides that a court may order child support for any child over the age of 18 who is severely and permanently mentally or physically disabled if such disability existed prior to the child reaching the age of 18 or the age of 19 if the child was a full-time high school student, not self-supporting, and was living in the home of the parent seeking child support. Current requirements that the child also be unable to live independently, unable to support himself, and reside in the home of the parent seeking child support remain unchanged.

A BILL to amend and reenact §§ 16.1-278.15, 20-60.3, 20-103, and 20-124.2 of the Code of Virginia, relating to child support for a disabled child.

15100290D

S.B. 963 Action for personal injury or wrongful death; appointment of administrator.

Patron: Stanley

Action for personal injury or wrongful death; appointment of administrator. Requires a clerk of court who appoints an administrator for the purpose of prosecuting a personal injury or wrongful death action to qualify the administrator to prosecute both types of actions. The bill also requires a personal representative who qualifies as an administrator for this purpose to file an inventory and statement with the commissioner of accounts if funds are recovered in a survival or wrongful death action.

A BILL to amend and reenact §§ 64.2-454 and 64.2-1301 of the Code of Virginia, relating to actions for personal injury and wrongful death; appointment of administrator.

15102668D

S.B. 973 Assault and battery; when attorney or deputy attorney for Commonwealth is victimized.

Patron: Ruff

Assault and battery of attorney for the Commonwealth or deputy attorney for the Commonwealth; penalty. Adds attorney for the Commonwealth and deputy attorney for the Commonwealth to the list of persons for which an enhanced penalty applies if such person is victimized because of his position.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault of an attorney for the Commonwealth or a deputy attorney for the Commonwealth; penalty.

15101572D

S.B. 974 State police training; reduction in local law-enforcement funding.

Patron: Ruff

State police training; reduction in local law-enforcement funding. Requires a locality to reimburse the Department of State Police for training costs if the locality hires an officer of the Department of State Police within five years of the officer's completion of basic training at a police school operated and funded by the Department of State Police. The amount of the reimbursement will be reduced by one-fifth for each year that the officer worked for the Department of State Police.

A BILL to amend the Code of Virginia by adding a section numbered 52-5.1, relating to State Police training; reduction in local law-enforcement funding.

15101956D

S.B. 976 Obscene sexual display; third offense; penalty.

Patron: Ruff

Obscene sexual display; third offense; penalty. Adds engaging in an obscene sexual display, i.e., actual or explicitly simulated masturbation in a public place, to the list of misdemeanor sex offenses for which the penalty for a third offense of any of the listed offenses committed in a 10-year period is a Class 6 felony.

A BILL to amend and reenact § 18.2-67.5:1 of the Code of Virginia, relating to obscene sexual display; third offense; penalty.

15103212D

S.B. 1035 Felony homicide; felony drug offenses; penalty.

Patron: Wexton

Felony homicide; felony drug offenses; penalty. Provides that the killing of one accidentally, contrary to the intention of the parties, from the use of a controlled substance in violation of a felony drug offense involving the manufacture, sale, gift, distribution, or possession with the intent to manufacture, sell, give, or distribute a controlled substance, regardless of any lapse in time between the felony drug offense and the use of the controlled substance, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than 40 years. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the felony violation of § 18.2-248 occurred, where the use of the controlled substance occurred, or where the death occurred. This bill overrules the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014).

A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; felony drug offenses; penalty.

15102899D

S.B. 1053 Civil commitment proceedings; fees and compensation.

Patron: McDougle

Civil commitment proceedings; fees and compensation. Increases from $25 to $75 the fee paid to court-appointed counsel representing a person in a civil commitment proceeding under Title 19.2. The bill also provides that court-appointed counsel representing a person acquitted of a felony by reason of insanity in a hearing to assess the need for inpatient hospitalization shall be paid a fee not to exceed $445. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact § 19.2-182 of the Code of Virginia, relating to civil commitment hearings; fees; compensation.

15102140D

S.B. 1056 Child pornography and obscenity offenses; penalties.

Patron: Howell

Child pornography; obscenity; penalties. Adds a mens rea of "knowingly" for the offenses of reproducing child pornography and for soliciting child pornography to gain entry to a group and removes the requirement of lascivious intent for these offenses. The bill also amends a penalty section that applies to the obscenity article to correctly reflect the existing penalties. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 18.2-374.1:1 and 18.2-381 of the Code of Virginia, relating to child pornography and obscenity offenses; penalties.

15102643D

S.B. 1074 Sex Offender and Crimes Against Minors Registry; supplement to Registry.

Patron: McDougle

Supplement to the Sex Offender and Crimes Against Minors Registry. Requires the Superintendent of State Police to establish a supplement to the Sex Offender and Crimes Against Minors Registry that would include information on persons who were convicted of certain sexual offenses on or after July 1, 1980, and before July 1, 1994, who are not currently on the registry. The supplement will be available to the public on the State Police website.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 9.1 a section numbered 9.1-923, relating to the Supplement to the Sex Offender and Crimes Against Minors Registry.

15103000D

S.B. 1087 Residential property; option contracts for the purchase required provisions.

Patron: Vogel

Option contracts for the purchase of residential property; required provisions. Establishes required contract provisions whenever an owner of residential property enters into an option contract with another party to purchase the residential property. The bill also provides that any residential rental agreement that is entered into will be subject to the Virginia Residential Landlord and Tenant Act. Under the bill, if the required provisions are not included in the contract, the other party to the contract shall have the right to cancel the contract at any time and shall be entitled to (i) a full refund of any amount paid to the seller under the contract; (ii) actual damages or $500, whichever is greater; and (iii) reasonable attorney fees.

A BILL to amend the Code of Virginia by adding in Title 55 a chapter numbered 14.1, consisting of sections numbered 55-252.1, 55-252.2, and 55-252.3, relating to option contracts for the purchase of residential property; required provisions.

15103175D

S.B. 1113 Impersonation via computer; penalty.

Patron: Barker

Impersonation via computer; penalty. Provides that it is a Class 3 misdemeanor for a person to use a computer to knowingly and intentionally assume the identity of another living individual, without authority and with the intent to harm, where a reasonable person would believe that the offender is in fact the individual whose identity is assumed.

A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to impersonation via computer; penalty.

15101635D