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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: February 2, 2015
Time and Place: 8:00 AM February 2, 2015 Senate Room B

S.B. 770 Workers' compensation; exclusivity of remedy.

Patron: McEachin

Workers' compensation; exclusivity of remedy. Provides that if a court determines that an accident, disease, injury, or death is barred by the exclusivity provisions of the Workers' Compensation Act, then that finding shall be res judicata between the parties and estop them from arguing before the Workers' Compensation Commission that the accident, injury, or death did not arise out of and in the course and scope of the employee's employment. The measure also provides that if the Commission or a court determines that the accident, injury, or death does not arise out of or in the course and scope of such employee's employment, then that finding shall be res judicata and estop those same parties from arguing before a court that the accident is barred by the Act's exclusivity provisions.

A BILL to amend and reenact § 65.2-307 of the Code of Virginia, relating to the Virginia Workers' Compensation Act; exclusivity of remedies.

15100341D

S.B. 825 Impersonation on social networking site; civil cause of action.

Patron: Martin

Impersonation on social networking site; civil cause of action. Creates a civil cause of action for a person who sustains injury from another person's credible impersonation of him on a social networking site with the intent to maliciously injure or defraud the person impersonated.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.3, relating to digital impersonation; penalty.

15100244D

S.B. 960 Juvenile on probation; funding for re-entry and release services.

Patron: Marsden

Department of Juvenile Justice; juveniles on probation; funding for re-entry and release services. Allows funding currently being used for re-entry and release services, including residential placement or treatment services, for juveniles on parole supervision to also be used for persons on probation supervision after placement in a detention home that exceeds 30 calendar days. The bill additionally changes all references of "child" to "person" to allow funds to be used for persons who are 18, 19, or 20 years old at the time of release from commitment to the Department.

A BILL to amend and reenact § 16.1-294 of the Code of Virginia, relating to the Department of Juvenile Justice; funding for re-entry and release services.

15101822D

S.B. 961 Juvenile Justice, Department of; access to criminal history record information.

Patron: Marsden

Department of Juvenile Justice; access to criminal history record information. Adds the Department of Juvenile Justice (DJJ) to the list of entities authorized to receive information from the Virginia Criminal Information Network (VCIN). The bill specifies that DJJ may receive background checks from VCIN in order to complete predispositional and postdispositional reports required by law.

A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to the Department of Juvenile Justice; access to criminal history record information.

15101821D

S.B. 1030 Virginia Marine Resources Commission; conveyance of easement across Rappahannock River.

Patron: McDougle

Marine Resources Commission; conveyance of easement and rights-of-way; Rappahannock River. Authorizes the Virginia Marine Resources Commission to convey to Virginia Electric and Power Company (Dominion Virginia Power) an easement and rights-of-way needed for constructing and maintaining an overhead electric transmission line across the Rappahannock River in Middlesex and Lancaster Counties. The bill provides that none of the right-of-way property that lies within the Baylor Survey shall be considered part of the natural oyster beds, rocks, and shoals of the Commonwealth.

A BILL to authorize the Virginia Marine Resources Commission to convey a permanent easement and rights-of-way across the Rappahannock River, including a portion of the Baylor Survey, to Virginia Electric and Power Company (Dominion Virginia Power), for the purpose of installing, constructing, maintaining, repairing, and operating an overhead electric transmission line.

15103412D

S.B. 1057 Advisory Committee on Sexual and Domestic Violence.

Patron: Howell

Advisory Committee on Sexual and Domestic Violence. Establishes the Advisory Committee on Sexual and Domestic Violence, which is tasked with advising and assisting governmental entities on matters related to the prevention and reduction of sexual and domestic violence in the Commonwealth, and the administration of grant funds to state and local programs that work in these areas. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.2, relating to Advisory Committee on Sexual and Domestic Violence; established.

15102495D

S.B. 1064 Administration of estates; liability of heir or devisee for real estate conveyed.

Patron: Obenshain

Administration of estates; liability of heir or devisee for real estate conveyed. Provides that real estate sold or conveyed as part of a decedent's estate is not liable to persons entitled to be paid out of such real estate if the sale was made more than one year after the death of the decedent, the conveyance was bona fide, and no debts or demands report has been filed prior to the sale. The bill returns the law to its state prior to the recodification of Title 64.1 in 2012.

A BILL to amend and reenact § 64.2-534 of the Code of Virginia, relating to administration of estates; liability of heir or devisee for real estate conveyed.

15101525D

S.B. 1067 Petition for attachment; removes judges from list of persons.

Patron: Obenshain

Petition for attachment. Removes judges from the list of persons before whom a petition for attachment shall be filed. The bill also adds magistrates to those who may receive payments for an attachment petition. This bill is a recommendation of the Judicial Council and the Committee on District Courts.

A BILL to amend and reenact § 8.01-537 of the Code of Virginia, relating to petition for attachment.

15102120D

S.B. 1068 Vapor products; purchase or possession by minors.

Patron: Miller

Purchase, etc., of vapor products by minors; sale or distribution of vapor products or liquid nicotine. Prohibits the sale of vapor products to a minor and the purchase or possession of vapor products by a minor. Current law prohibits the sale of nicotine vapor products to a minor and the purchase or possession of nicotine vapor products by a minor. The bill also prohibits (i) the sale or distribution of liquid nicotine in a liquid nicotine container; (ii) the sale or distribution of liquid nicotine, a vapor product, or a vapor product solution within 1,000 feet of the premises of any place he knows or has a reason to know is a child day center or a primary, secondary, or high school; (iii) the sale or distribution of liquid nicotine or a vapor product solution that contains any artificial or natural flavor that imparts a characterizing flavor other than the flavor of tobacco; and (iv) the distribution of any free samples of liquid nicotine, vapor products, or vapor product solutions. Any person who violates a prohibition is subject to a civil penalty in the amount of $500 for a first violation, $1,000 for a second violation, and $2,500 for a third or subsequent violation.

A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-371.2:1, relating to purchase, etc., of vapor products by minors; sale or distribution of vapor products or liquid nicotine.

15103426D

S.B. 1086 Medicaid payment; trial for false statement or representation on application, venue.

Patron: Vogel

Trial for false statement or representation on application for Medicaid payment; venue. Provides that the venue for the trial of any person charged with making a false statement or representation with regard to an application for Medicaid payment shall be the county or city in which (i) any act was performed in furtherance of the offense or (ii) the person charged with the offense resided at the time of the offense.

A BILL to amend and reenact § 32.1-314 of the Code of Virginia, relating to trial for false statement or representation on application for Medicaid payment; venue.

15102306D

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. 1098 Youth PROMISE Act; created, report.

Patron: McEachin

Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act (Youth PROMISE Act). Creates the Youth PROMISE Act (the Act) to provide for the development and implementation of evidence-based and promising programs related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives. The Act establishes a PROMISE Advisory Council to (i) assess and develop standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity and (ii) collect data in designated geographic areas to assess such areas' need for and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. The Act authorizes the Director of Juvenile Justice to award grants to local governments to (a) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth, and (b) implement PROMISE plans, developed by local PROMISE Coordinating Panels, for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. The Act establishes a Research Center for Proven Juvenile Justice Practices to provide PROMISE Coordinating Panels and the public with research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention or intervention. The provisions of the bill are contingent on funding in a general appropriation act passed in 2015 that becomes law.

A BILL to amend the Code of Virginia by adding in Title 66 a chapter numbered 4, consisting of sections numbered 66-36 through 66-53, relating to the Youth PROMISE Act.

15101594D

S.B. 1114 Emergency custody order; temporary detention for testing, observation, and treatment.

Patron: Barker

Temporary detention for testing, observation, and treatment of person who is the subject of an emergency custody order. Provides that a court or magistrate may issue a temporary detention order for medical testing, observation, and treatment for a person who is also the subject of an emergency custody order for evaluation and treatment of mental illness. Upon completion of any required testing, observation, or treatment, the hospital emergency room or other appropriate facility in which the person is temporarily detained shall notify the community services board responsible for performing an evaluation to determine whether the person meets the criteria for temporary detention for treatment of mental illness, and a designee of the community services board shall complete the evaluation as soon as is practicable but prior to the expiration of the order for temporary detention for testing, observation, or treatment.

A BILL to amend and reenact §§ 37.2-808 and 37.2-1104 of the Code of Virginia, relating to temporary detention for testing, observation, and treatment of a person who is the subject of an emergency custody order.

15101689D

S.B. 1190 Motor vehicle liability insurance; underinsured motorist claims; settlement procedures.

Patron: Norment

Motor vehicle liability insurance; underinsured motorist claims; settlement procedures; subrogation. Establishes a procedure by which an injured person or personal representative may settle a claim with a liability insurer or insurers and the liability insurer's or insurers' insured for the limits of the liability insurer's coverage without prejudice to any underinsured motorist benefits or claim. Upon payment of the liability insurer's limits, the liability insurer has no further duties to its insured and the underinsured motorist benefits insurer shall have no right of subrogation or claim against the underinsured motorist. However, if the underinsured motorist unreasonably fails to cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the injured person or their personal representative, he may again be subjected to a claim for subrogation by the underinsured motorist benefits insurer. The measure also provides that an insurer paying underinsured motorist benefits to an insured shall have no right of subrogation against any person who settled with the underinsured motorist benefits insurer's insured pursuant to this new procedure unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit brought against him. The underinsured motorist benefits insurer is required to pay the reasonable costs and expenses related to procuring the insured's cooperation. If the underinsured motorist cooperates with the underinsured motorist benefits insurer, or if his failure to do so was not unreasonable, then the court may award him his costs, including attorney fees, in defending the subrogation action.

 

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a section numbered 8.01-66.1:1, relating to motor vehicle accidents; settlement of underinsured motorist claims; subrogation claims by underinsured motorist benefits insurer.

15102383D

S.B. 1235 Cannabidiol oil and THC-A oil; recommendation and dispensing.

Patron: Marsden

Recommendation and dispensing of cannabidiol oil and THC-A oil. Provides that a person may possess cannabidiol oil or THC-A oil pursuant to a valid recommendation of a practitioner of medicine or osteopathy made upon a determination that the person has a debilitating epileptic condition.

A BILL to amend the Code of Virginia by adding in Chapter 34 of Title 54.1 an article numbered 8, consisting of sections numbered 54.1-3472.1 through 54.1-3472.3, relating to recommendation and dispensing of cannabidiol oil or THC-A oil.

15101107D

S.B. 1241 Drugs forfeited to law enforcement; disposal when no longer needed for research and training.

Patron: Reeves

Drugs forfeited to law enforcement; research and training. Amends the provision that allows seized drugs to be forfeited to a law-enforcement agency for research and training purposes pursuant to a court order to allow the law-enforcement agency to destroy such drugs when they are no longer needed for research and training purposes; under current law, drugs must be destroyed within 12 months of being obtained.

A BILL to amend and reenact § 19.2-386.23 of the Code of Virginia, relating to disposal of seized drugs; law-enforcement training and research.

15102613D

S.B. 1261 Judicial Nominations Commission; created.

Patron: Deeds

Judicial Nominations Commission; local judicial nomination committees. Creates a 15-member statewide Judicial Nominations Commission (Commission), elected by the General Assembly, to recommend appellate judicial candidates to the General Assembly and the Governor. The bill requires that the Commission include at least one member from each of Virginia's 11 congressional districts, that five members be attorneys, and that 10 members be citizens who have never been licensed to practice law. Initially staggered, the terms of members will be four years. The Commission's recommendations are nonbinding. The local judicial nominations committees are established in each circuit through appointment by the General Assembly members who represent each circuit. The number of attorneys may not exceed 30 percent of the entire panel. The committees are required to maximize public input into their review process. The committees' recommendations of up to three candidates for each vacancy are not binding on the General Assembly. A delegation may opt out of this process by certifying to the clerks of each house that the delegation has in place a process that ensures participation of each delegation member and participation by the general public in the nomination process.

A BILL to amend the Code of Virginia by adding in Title 17.1 a chapter numbered 10, consisting of sections numbered 17.1-1000 through 17.1-1012, relating to a Judicial Nominations Commission.

15102060D

S.B. 1263 Civil admission process; alternative transportation.

Patron: Deeds

Civil admission process; alternative transportation. Provides that a magistrate may authorize alternative transportation for a person subject to an emergency custody order or temporary detention order when there exists a substantial likelihood that he will cause serious physical harm to himself or others. Current law prohibits the use of alternative transportation when there exists a substantial likelihood that he will cause serious physical harm to himself or others. The bill also provides liability protection for alternative transportation providers.

A BILL to amend and reenact §§ 16.1-340, 16.1-340.2, 16.1-345, 37.2-808, 37.2-810, and 37.2-829 of the Code of Virginia, relating to civil admission process; alternative transportation.

15102076D

S.B. 1264 Involuntary admission and incapacity records; access by law-enforcement.

Patron: Deeds

Law-enforcement access to involuntary admission and incapacity records. Provides that certain records of persons adjudicated incapacitated or ordered to involuntary inpatient or outpatient treatment or of persons who were subject to a temporary detention order who agreed to voluntary admission may be disseminated to authorized officers or employees of criminal justice agencies for purposes of the administration of criminal justice.

A BILL to amend and reenact §§ 19.2-389, 37.2-819, and 64.2-2014 of the Code of Virginia, relating to law-enforcement access to involuntary admission and incapacity records.

15102091D

S.B. 1270 Admission of incapacitated persons pursuant to advance directive, etc.; transportation order.

Patron: Deeds

Admission of incapacitated persons pursuant to advance directive or by guardian; transportation; pilot program. Provides that when the employee or designee of a local community services board who is conducting the evaluation of an individual required for the issuance of a temporary detention order into a facility for the treatment of mental illness and finds that the individual (i) has a mental illness, (ii) needs treatment in such a facility, (iii) lacks the capacity to consent to admission to the facility, and (iv) has designated an agent or has a guardian who has the authority to consent to the individual's admission, the evaluator shall contact the agent or guardian and determine whether the agent or guardian authorizes the person's admission to such a facility. If the agent or guardian authorizes the person's admission, the evaluator shall request the magistrate to issue a transportation order providing for the transport of the person to the facility by law enforcement or an alternative transportation provider. The bill also authorizes such employee or designee of a local community services board to be a capacity reviewer for purposes of determining whether a person who has executed an advance directive is incapable of making an informed decision in regard to mental health care, including his admission to a facility for the treatment of mental illness. Current law allows only a licensed physician or a clinical psychologist to act as a capacity reviewer. The provisions of the bill only apply in those localities in which the State Board of Behavioral Health and Developmental Services has established a pilot program. The bill provides that any pilot program established by the Board shall commence on July 1, 2016, and that the Board shall report on the implementation and effectiveness of the pilot program no later than November 30, 2017. The provisions of the bill expire on July 1, 2018.

A BILL to amend and reenact § 54.1-2982 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 37.2-810.1, relating to admission of incapacitated persons pursuant to advance directive or by guardian; transportation; pilot program.

15103453D

S.B. 1301 Limitations on use of drone aircraft; penalties.

Patron: McEachin

Limitations on use of drone aircraft; penalties. Creates a Class 1 misdemeanor for the operation, manufacture, sale, or distribution of an unmanned aircraft system (drone) as a weapon or to deliver a weapon. The bill provides that no governmental agency or organization having jurisdiction over criminal or regulatory violations, including the Department of State Police, nor any local law-enforcement department, may procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for governmental use of such an aircraft. Law-enforcement officers and other public officials may operate a public unmanned aircraft system and disclose personal information from such operation under certain emergency situations without a warrant. The bill also provides that it is not unlawful for a public institution of higher education or other research organizations and institutions to operate a drone aircraft solely for research and development purposes. The bill contains extensive procedural guarantees against the release of personal information and establishes reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5 and by adding in Title 19.2 a chapter numbered 5.1, consisting of sections numbered 19.2-60.1 through 19.2-60.11, relating to regulation of unmanned aircraft; penalties.

15102937D

S.B. 1312 Private roads; covenants, government maintenance and improvements.

Patron: Lewis

Private roads; covenants; maintenance and improvements. Prohibits enforcement of a provision in a recorded deed or plat that prohibits the owner of a private road from dedicating the road for public use or reaching an agreement with the locality or the Department of Transportation for the improvement or maintenance of the road. The bill requires that the private road serve a subdivision of 50 or fewer lots in total and that all lot owners consent to the dedication or agreement.

A BILL to amend the Code of Virginia by adding a section numbered 55-50.4, relating to property; covenants; government maintenance of private road.

15101770D

S.B. 1325 Vapor products; prohibits purchase, etc., by minors, liquid nicotine packaging, civil penalty.

Patron: Stuart

Purchase, etc., of tobacco products by minors; vapor products; liquid nicotine packaging; civil penalty. Prohibits the sale of vapor products to a minor and the purchase or possession of vapor products by a minor. The bill defines vapor product as a noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other means that can be used to produce vapor from a substance in a solution or other form. Current law prohibits the sale of nicotine vapor products to a minor and the purchase or possession of nicotine vapor products by a minor. The bill also provides that no person shall sell or distribute, or offer for sale or distribution, a liquid nicotine container on or after October 1, 2015, unless the liquid nicotine container is packaged in child-resistant packaging and complies with labeling requirements consistent with regulations adopted by the Board of Agriculture and Consumer Services. The bill requires the Board to adopt regulations establishing standards for child-resistant packaging and labeling requirements no later than September 1, 2015. Any person who sells or distributes, or offers for sale or distribution, a liquid nicotine container on or after October 1, 2015, in packaging that does not meet the child-resistant packaging and labeling requirements is subject to a civil penalty not to exceed $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation.

A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia and to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 42.1, consisting of sections numbered 3.2-4220 and 3.2-4221, relating to purchase, etc., of tobacco products by minors; vapor products; liquid nicotine packaging; civil penalty.

15103654D

S.B. 1344 Interpreters; appointed for non-English-speaking defendant.

Patron: Stuart

Interpreter appointed for non-English-speaking defendant. Provides that the cost for an interpreter for a non-English-speaking defendant shall be borne by the defendant if he is convicted of the criminal offense.

A BILL to amend and reenact § 19.2-164 of the Code of Virginia, relating to interpreters for non-English-speaking persons.

15103023D

S.B. 1374 Sex offender registry; failure of defendant to register.

Patron: Marsden

Sex offender registry; failure to register. Provides that a defendant cannot raise as a defense to a charge of failure to register as a sex offender the fact that he did not receive information outlining registration duties and procedures from a state entity.

A BILL to amend and reenact § 18.2-472.1 of the Code of Virginia, relating to registration requirements.

15102972D

S.B. 1388 Railroad trains; trespassing, raises penalty.

Patron: Edwards

Trespassing on railroad trains; penalty. Raises the penalty for trespassing on a railroad car or train from a Class 4 to a Class 2 misdemeanor.

A BILL to amend and reenact § 18.2-160 of the Code of Virginia, relating to trespassing on railroad trains; penalty.

15103566D

S.B. 1416 Railroads; trespassing on property, signage required, penalties.

Patron: Marsden

Railroads; trespassing; penalties. Provides that a person who goes upon a railroad trestle or railroad bridge or within a railroad tunnel or railway yard without the consent of the railroad company is guilty of a Class 2 misdemeanor. The bill also requires railroad companies to post signs in conspicuous locations at railway yards and tunnels and certain railroad bridges and trestles stating the penalties for trespassing on railroad property.

A BILL to amend and reenact § 18.2-159 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-417.2, relating to railroad property; trespassing; signage required; penalties.

15103567D

S.B. 1435 Eminent domain; lost profits and just compensation.

Patron: Deeds

Eminent domain; lost profits and just compensation. Requires any and all liability for lost profits claimed in an action for compensation pursuant to a taking under eminent domain to be set forth specifically in the award for just compensation.

A BILL to amend and reenact §§ 25.1-100 and 25.1-230.1 of the Code of Virginia, relating to eminent domain; lost profits and just compensation.

15103902D

S.B. 1441 Transfer of firearms at gun shows; voluntary background check; penalties.

Patron: Lucas

Transfer of firearms at gun shows; voluntary background check; penalties. Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if requested by a party involved in a transaction. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-4201.2, relating to firearms shows; voluntary background checks; penalties.

15101393D