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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 21, 2015
Time and Place: 1/2 Hour after Adjournment Senate Room B

S.B. 683 DUI blood or breath tests; eligibility for restricted license.

Patron: Martin

Refusal of DUI blood or breath tests; eligibility for restricted license. Provides that a court may, for good cause shown, issue a restricted driver's license to a person found guilty of a first or second offense of refusing to submit to blood or breath tests after being arrested for driving under the influence. Currently, a person found guilty of refusal is subject to a mandatory suspension of his privilege to drive for one year for a first offense and three years for a second offense, and no restricted license may be issued to such person.

A BILL to amend and reenact § 18.2-268.3 of the Code of Virginia, relating to refusal of DUI blood or breath tests; eligibility for restricted license.

15100231D

S.B. 684 Forfeiture of property used in connection with the commission of crimes; conviction required.

Patron: Carrico

Forfeiture of property used in connection with the commission of crimes; conviction required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been convicted of the crime and has exhausted all appeals.

A BILL to amend and reenact §§ 19.2-386.1, 19.2-386.10, 19.2-386.29, 19.2-386.31, 19.2-386.32, 19.2-386.34, and 19.2-386.35 of the Code of Virginia, relating to forfeiture of property used in connection with the commission of crimes; conviction required.

15100578D

S.B. 725 Arrest without warrant; procedures.

Patron: Lucas

Arrest without warrant; procedures. Allows the magistrate or other issuing authority to examine the investigating or charging officer rather than the arresting officer in determining whether an arrest warrant or summons should be issued for a person who was arrested without a warrant.

A BILL to amend and reenact § 19.2-82 of the Code of Virginia, relating to procedure upon arrest without warrant; officer to be examined.

15101731D

S.B. 730 Juvenile offenders, certain; sentence modification procedure.

Patron: Marsden

Juvenile offenders; sentence modification. Provides a mechanism for a person convicted of a nonhomicide offense committed on or after January 1, 1995, while the person was a juvenile, and who is sentenced to life or a term of confinement that would be completed after his 60th birthday, to petition for a modification of sentence at age 35 or after serving 20 years of the sentence, whichever occurs later.

A BILL to amend and reenact §§ 17.1-406 and 17.1-410 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-305.5, relating to sentence modification procedure for certain juvenile offenders.

15100383D

S.B. 731 Juvenile law-enforcement records; restorative justice.

Patron: Marsden

Juvenile law-enforcement records; restorative justice. Allows entities who have a contract with a juvenile and domestic relations district court to provide restorative justice services to inspect the police records of juveniles who are participating in the program or who have been identified by law-enforcement as possible participants.

A BILL to amend and reenact § 16.1-301 of the Code of Virginia, relating to confidentiality of juvenile law-enforcement records; restorative justice programs.

15100292D

S.B. 761 Personal injury and wrongful death actions; disclosure of address of insured person.

Patron: Edwards

Personal injury and wrongful death actions; disclosure of address of insured person. Requires an insurance company to disclose the address of an alleged tortfeasor upon request of an injured person, personal representative, or attorney in a cause of action for personal injury or wrongful death due to a motor vehicle accident, if such address has not previously been disclosed. The bill also changes the requirement that an insurance company disclose the limits of liability at the time of the accident for any insurance policy that may be applicable to the claim such that the total of "available" rather than "all" medical bills and wage losses equals or exceeds $12,500.

A BILL to amend and reenact § 8.01-417 of the Code of Virginia, relating to personal injury and wrongful death actions; disclosure of address of insured person.

15100871D

S.B. 779 Psychiatric treatment of minors; objecting minor; criteria; duration of admission.

Patron: McWaters

Psychiatric treatment of minors; objecting minor; criteria; duration of admission. Increases from 96 to 120 hours the length of time a minor 14 years of age or older who objects to admission for inpatient treatment or who is incapable of making an informed decision may be admitted to a willing mental health facility. The bill also amends the criteria for admitting an objecting minor 14 years of age or older for psychiatric treatment to match the criteria for determining whether a nonobjecting minor or a minor younger than 14 years of age should be admitted. Finally, the bill provides that if a minor 14 years of age or older who did not initially object to treatment objects to further treatment, the mental health facility where the minor is being treated shall immediately notify the parent who consented to the minor's treatment and provide to such parent a summary of the procedures for requesting continued treatment of the minor.

A BILL to amend and reenact §§ 16.1-338 and 16.1-339 of the Code of Virginia, relating to psychiatric treatment of minors; objecting minor; criteria; duration of admission.

15101087D

S.B. 783 Juveniles; expungement of records for offenses that would be felony larceny if committed by adult.

Patron: Favola

Juvenile records; expungement. Provides for the expungement of juvenile records for offenses that would be felony larceny if committed by an adult. Under current law, juvenile records of all delinquent acts that would be a felony if committed by an adult are retained.

A BILL to amend and reenact §§ 16.1-305 and 16.1-306 of the Code of Virginia, relating to expungement of juvenile records; felony larceny offenses.

15102958D

S.B. 829 Court costs; expired inspection sticker.

Patron: Edwards

Court costs; expired inspection sticker. Prohibits the court from assessing court costs if the violation for an expired motor vehicle safety inspection sticker is dismissed.

A BILL to amend and reenact § 46.2-1171 of the Code of Virginia, relating to court costs; expired inspection sticker.

15102308D

S.B. 845 Volunteer first responders; immunity from civil liability when in route to an emergency.

Patron: Stanley

Immunity for volunteer first responders en route to an emergency. Provides that no volunteer firefighter or volunteer emergency services personnel shall be liable for any injury to persons or property arising out of the operation of a motor vehicle when such volunteer is en route to render emergency care or assistance to any ill or injured person at the scene of an accident, fire, or life-threatening emergency, unless such injury results from gross negligence or willful or wanton misconduct.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-225.3, relating to immunity from civil liability; volunteer first responders.

15100727D

S.B. 926 Notice provisions; third party commercial carrier.

Patron: Edwards

Notice provisions; third party commercial carrier. Provides that, in Titles 16.1, 17.1, 18.2, and 19.2, when service, delivery, or transmission of any notice or paper in any proceeding is authorized to be accomplished by mail, ordinary mail, registered mail, or certified mail, then service, delivery, or transmission by a third party commercial carrier is deemed to be authorized by such provision. This bill is a recommendation of the Code Commission.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 4.1 of Title 16.1 a section numbered 16.1-69.5:1, by adding in Chapter 1 of Title 17.1 a section numbered 17.1-133, and by adding sections numbered 18.2-6.1 and 19.2-5.1, relating to notice provisions; third party commercial carrier.

15100043D

S.B. 939 Private police departments.

Patron: Stuart

Private police departments. Defines "private police department" as any police department that employs private police officers operated by an entity authorized by statute or an act of assembly to establish a private police department. The bill provides that the authority of a private police department is limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police or sheriff, any contiguous property. The bill also provides that private police departments and private police officers shall be subject to and comply with the relevant laws and regulations governing municipal police departments and shall meet the minimum compulsory training requirements for law-enforcement officers. The bill provides further that any private police department in existence on January 1, 2013, that was not otherwise established by statute or an act of assembly and whose status as a private police department was recognized by the Department of Criminal Justice Services at that time may continue to operate as a private police department provided it complies with the necessary requirements. The private police departments so recognized by the Department are the Aquia Harbor Police Department, the Babcock and Wilcox Police Department, the Bridgewater Airpark Police Department, the Carilion Police and Security Services Department, the Kings Dominion Park Police Department, the Kingsmill Police Department, the Lake Monticello Police Department, the Massanutten Police Department, and the Wintergreen Police Department. The bill contains an emergency clause.

A BILL to amend and reenact §§ 2.2-3701 and 9.1-101 of the Code of Virginia, relating to private police departments.

15100184D

EMERGENCY

S.B. 1028 Compensation of court-appointed counsel; waivers.

Patron: Marsden

Compensation of court-appointed counsel; waivers. Allows court-appointed counsel for parents in child welfare cases to submit a waiver application for additional compensation of $120 in district court and $158 for cases appealed to the circuit court.

A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court- appointed counsel; waiver in child welfare cases.

15101797D

S.B. 1094 Virginia Sexual and Domestic Violence Local Program Center.

Patron: Howell

Virginia Sexual and Domestic Violence Local Program Center. Requires the Department of Criminal Justice Services to establish the Virginia Sexual and Domestic Violence Local Program Center, which will, in cooperation with the state sexual and domestic violence coalition and local sexual and domestic violence programs, establish voluntary accreditation standards and procedures for such programs and may provide technical assistance and administrative support, including staffing. The Center may provide accreditation assistance and training, resource material, and research into methods and procedures that will assist the local sexual and domestic violence programs in obtaining accreditation. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to powers and duties of the Department of Criminal Justice Services; Virginia Sexual and Domestic Violence Local Program Center.

15103500D

S.B. 1100 Enticing, etc., real estate licensee with intent to commit certain felonies; penalty.

Patron: Obenshain

Enticing, etc., real estate licensee with intent to commit certain felonies; penalty. Criminalizes the conduct of enticing, soliciting, or requesting a real estate licensee to enter a dwelling house in the licensee's professional capacity with the intent to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, carjacking, aggravated malicious wounding, or abduction. A first offense is punishable by a 20-year mandatory minimum sentence and a second offense is punishable by a 40-year mandatory minimum sentence.

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, relating to enticing, etc., real estate licensee with intent to commit certain felonies; penalty.

15102587D

S.B. 1138 Sexual abuse of certain children; penalty.

Patron: Garrett

Sexual abuse of certain children; penalty. Raises the penalty for sexual abuse (a defined term) of a child 13 or 14 years old from a Class 1 misdemeanor to a Class 6 felony.

A BILL to amend and reenact § 18.2-67.4:2 of the Code of Virginia, relating to sexual abuse of certain children; penalty.

15102530D

S.B. 1170 Assault and battery against family or household member; penalty.

Patron: Carrico

Assault and battery against family or household member; penalty. Provides that upon a conviction for assault and battery against a family or household member, when the person has been previously convicted of an offense of (i) assault and battery against a family or household member, (ii) malicious or unlawful wounding, (iii) aggravated malicious wounding, (iv) malicious bodily injury by means of a substance, (v) strangulation, or (vi) an offense under the law of any other jurisdiction which has the same elements as any of the above offenses, which occurred within a period of 20 years, and on a different date, the person is guilty of a Class 6 felony. Currently, the Class 6 felony applies only if there are two prior convictions.

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; second offense; penalty.

15101180D

S.B. 1188 Sex trafficking; penalties.

Patron: Obenshain

Sex trafficking; penalties. Creates new felonies for trafficking of persons for commercial sexual activity. The bill provides that any person who recruits, transports, harbors, receives, provides, obtains, isolates, maintains, patronizes, solicits, or entices a minor to engage in commercial sexual activity is guilty of a Class 2 felony, the punishment for which includes a mandatory minimum sentence that is based on the age of the minor. The bill also provides that any person who engages in the same conduct with any other person knowing or in reckless disregard of the fact that coercion or fraud will be used to cause such person to engage in commercial sexual activity is guilty of a Class 2 felony. Finally, the bill provides that any person who receives money or its equivalent that he knows or has reason to know was derived from the trafficking of persons for commercial sexual activity is guilty of a Class 3 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-355.1, relating to sex trafficking; penalties.

15103242D

S.B. 1194 Conservators of the peace, special; registration with DCJS.

Patron: Norment

Special conservators of the peace; registration with DCJS. Requires all persons appointed or reappointed on or after July 1, 2015, as special conservators of the peace to register with the Department of Criminal Justice Services (DCJS). The bill requires that all applicants submit a temporary letter of qualification issued by DCJS and a background check performed by a state or local law-enforcement agency with their applications to the circuit court for appointment as a special conservator of the peace. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; registration; background checks; etc.

15102652D

S.B. 1195 Conservators of the peace, special; training, orders of appointment, etc.

Patron: Norment

Special conservators of the peace; training, orders of appointment, etc. Makes various changes to the laws providing for the appointment of special conservators of the peace, including (i) requiring the Criminal Justice Services Board to adopt regulations establishing compulsory minimum training standards; (ii) prohibiting special conservators of the peace from using the title "police" on any badge, uniform, or vehicle; (iii) prohibiting special conservators of the peace from using blue flashing lights and sirens on any vehicles; (iv) prohibiting special conservators of the peace from displaying any insignia or words indicating that he is a law-enforcement officer; (v) prohibiting persons required to register with the Sex Offender and Crimes Against Minors Registry from being appointed as special conservators of the peace; (vi) removing the option that a special conservator of the peace be covered by bond instead of liability insurance or self-insurance; and (vii) providing that as of January 1, 2016, no special conservator of the peace shall use the seal of the Commonwealth unless he is employed by a museum owned and managed by the Commonwealth. The bill provides that any existing special conservator of the peace has 24 months to comply with any new compulsory, minimum, entry-level training standards and requirements established following his appointment. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 9.1-150.2, 15.2-1748, and 19.2-13 of the Code of Virginia, relating to special conservators of the peace; training standards, registration, etc.

15102658D

S.B. 1199 Acts of violence on schools and other property; penalties.

Patron: Wagner

Acts of violence on schools and other property; penalties. Provides enhanced penalties for certain acts of violence if the act is committed at a public or private elementary or secondary school, institution of higher education, or child day center; on a school bus; at a school bus stop, public recreation center, public community center facility, public library, or state mental health facility; or on any property open to the public within 1,000 feet of the entities previously described.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-57.03, relating to commission of acts of violence on school and other properties; penalty.

15100037D

S.B. 1215 Sale of ivory and rhinoceros horn; penalty.

Patron: Ebbin

Sale of ivory and rhinoceros horn; penalty. Provides that a person who imports, sells, offers for sale, purchases, barters, or possesses with intent to sell any ivory, ivory product, rhinoceros horn, or rhinoceros horn product is guilty of a Class 1 misdemeanor for a first offense and a Class 6 felony for a second or subsequent offense. The bill provides that products used in violation of the section will be forfeited to the Commonwealth. The bill has an effective date of January 1, 2016.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of Title 18.2 a section numbered 18.2-511.2 and by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.36 relating to sale of ivory and rhinoceros horn; forfeiture; penalties.

15102458D

S.B. 1217 Private police departments.

Patrons: Norment, Reeves

 Private police departments. Defines "private police department" as any police department that employs private police officers operated by an entity authorized by statute or an act of assembly to establish a private police department. The bill provides that the authority of a private police department is limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police or sheriff, any contiguous property. The bill also provides that private police departments and private police officers shall be subject to and comply with the relevant laws and regulations governing municipal police departments and shall meet the minimum compulsory training requirements for law-enforcement officers. The bill provides further that any private police department in existence on January 1, 2013, that was not otherwise established by statute or an act of assembly and whose status as a private police department was recognized by the Department of Criminal Justice Services at that time may continue to operate as a private police department provided it complies with the necessary requirements. The private police departments so recognized by the Department are the Aquia Harbor Police Department, the Babcock and Wilcox Police Department, the Bridgewater Airpark Police Department, the Carilion Police and Security Services Department, the Kings Dominion Park Police Department, the Kingsmill Police Department, the Lake Monticello Police Department, the Massanutten Police Department, and the Wintergreen Police Department. The bill contains an emergency clause. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 2.2-3701 and 9.1-101 of the Code of Virginia, relating to private police departments.

15102661D

EMERGENCY

S.B. 1231 Cigarettes; possession with intent to distribute contraband; fraudulent purchase; penalties.

Patrons: Reeves, Howell

Cigarettes; possession with intent to distribute contraband; fraudulent purchase; penalties. Lowers the felony threshold for possession with intent to distribute tax-paid cigarettes from 500 cartons to 200 cartons and creates a criminal offense and civil penalties for purchasing cigarettes using a forged business license or a forged or invalid Virginia sales and use tax exemption certificate. The bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact § 58.1-1017.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.3, relating to cigarettes; contraband; fraudulent purchase; penalties.

15102584D

S.B. 1232 Administration and enforcement of cigarette laws.

Patrons: Reeves, Howell

Administration and enforcement of cigarette laws. Modifies several provisions relating to the administration and enforcement of Virginia's cigarette laws by prohibiting persons convicted of certain offenses from being authorized holders, requiring the Office of the Attorney General to place on its website a list of individuals ineligible to be an authorized holder, and authorizing additional entities to audit and inspect records of persons receiving, storing, selling, handling, or transporting cigarettes. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 58.1-1000 and 58.1-1007 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-4206.01, relating to authorized holders of cigarettes.

15102591D

S.B. 1253 Statute of limitations; sexual crimes against minors.

Patron: Deeds

Statute of limitations; sexual crimes against minors. Extends the statute of limitations to one year after the victim reaches 18 years of age for misdemeanor violations of the following crimes: carnal knowledge by employee of bail bond company, sexual battery, infected sexual battery, sexual abuse of a child age 13 or 14 by an adult, attempted sexual battery, and tongue penetration by adult of mouth of child under age 13. Under existing law, there is a one-year statute of limitations on most misdemeanors.

A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; certain sexual crimes.

15101670D

S.B. 1281 Administrative Process Act; exemptions for industries regulated by Dept of Criminal Justice.

Patron: Wexton

Administrative Process Act; exemptions for certain industries regulated by the Department of Criminal Justice Services. Permits the Criminal Justice Services Board to establish training standards for private security professionals, bail bondsmen, bail enforcement agents, and special conservators of the peace without utilizing the Administrative Process Act. Under current law, the establishment of training standards for law enforcement, corrections officers, and certain others is exempted.

A BILL to amend and reenact § 2.2-4002 of the Code of Virginia, relating to the Administrative Process Act, exemptions for certain industries regulated by the Department of Criminal Justice Services.

15103230D

S.B. 1318 Application of foreign law in Virginia courts; domestic relations.

Patron: Martin

Application of foreign law in Virginia courts; domestic relations. Provides that if a court, administrative agency, arbitrator, mediator, or other adjudicative or enforcement authority in a domestic relations matter bases its ruling or decision on the application of foreign law, and such ruling or decision violates an individual's fundamental constitutional rights, then such decision is void as violative of the public policy of the Commonwealth. The bill also provides that a provision in a contract or other agreement at issue in a domestic relations matter requiring the application of foreign law or requiring that disputes be decided in a foreign forum or venue is unenforceable if the enforcement of such provision would violate an individual's fundamental constitutional rights unless such individual voluntarily agreed to limit or waive such rights.

A BILL to amend the Code of Virginia by adding in Title 20 a chapter numbered 10, consisting of sections numbered 20-166, 20-167, and 20-168, relating to the application of foreign law in Virginia courts; domestic relations.

15100155D