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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 9, 2015
Time and Place: 8:00 AM Senate Room B

S.B. 712

Patron: Black

Higher education; reporting of sexual assault; penalty. Requires any faculty member, administrator, or full-time staff member employed by a public institution of higher education who through the course of his employment obtains information alleging that a criminal sexual assault has occurred to report within 48 hours such information to law enforcement. The bill provides that a person in violation of the reporting requirement is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15, relating to public institutions of higher education; reporting of sexual assault; penalty.

15101205D

S.B. 788

Patron: Carrico

Public assistance; changes in custody. Requires any circuit or district court entering an order changing or establishing custody to forward a copy of the order to the local board of social services in the city or county in which any person receiving public assistance on behalf of the child resides. The bill also directs local boards of social services to reconsider public assistance grants upon receipt of such orders and, upon any change or withdrawal of public assistance, notify the new custodial parent of his potential eligibility for such assistance.

A BILL to amend and reenact §§ 20-124.2 and 63.2-514 of the Code of Virginia, relating to public assistance; changes in custody.

15100575D

S.B. 831

Patron: Edwards

Criminal history record checks; barrier crimes. Sets out the list of barrier crimes for (i) individuals seeking employment at nursing homes, home care organizations, hospices, state facilities, and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; (ii) applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; (iii) individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; (iv) foster and adoptive homes seeking approval from child-placing agencies; and (v) providers of adult services and adult foster care seeking approval by the Department of Social Services by setting out each of the crimes included in the definition of "barrier crime." The bill also makes technical changes and updates obsolete language.

A BILL to amend and reenact §§ 15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 63.2-901.1, 63.2-1601.1, 63.2-1704, 63.2-1717, and 63.2-1720 through 63.2-1726 of the Code of Virginia and to repeal § 63.2-1719 of the Code of Virginia, relating to barrier crimes; background checks.

15100185D

S.B. 902

Patron: Petersen

Minors; procedures for collection of physical evidence. Allows a licensed physician, physician assistant, nurse practitioner, or registered nurse to perform a physical evidence recovery kit examination for an unemancipated minor whom he reasonably suspects is an abused or neglected child, provided (i) the licensed physician, physician assistant, nurse practitioner, or registered nurse reports the suspected abuse, (ii) there is a need to conduct the examination in order to preserve physical evidence of the alleged abuse from degradation, and (iii) a good faith effort has been made to obtain consent to the examination from a parent or other legally authorized representative and such consent either has not been obtained or was refused.

A BILL to amend and reenact § 54.1-2970.1 of the Code of Virginia, relating to minors; procedures for collection of physical evidence.

15102038D

S.B. 1085

Patron: Vogel

Enforcement of liens; property value. Increases from $10,000 to $12,500 the maximum value of property that may be sold for cash at auction to satisfy a lien without petitioning for a court order for the sale of such property. The bill also requires the Commissioner of the Department of Motor Vehicles, in determining the value of a vehicle, to use the trade-in value of the vehicle as found in a recognized pricing guide.

A BILL to amend and reenact § 46.2-644.03 of the Code of Virginia, relating to enforcement of liens; property value.

15102861D

S.B. 1156

Patron: Edwards

Writ of habeas corpus; service; dismissal of petition. Specifies the proper respondent to be named in a writ of habeas corpus based upon whether the petitioner is in prison or jail, is on parole or probation, or has a suspended sentence. The bill also provides for amendment of the petition if the petitioner does not name a proper respondent and provides that the habeas petition shall be dismissed without prejudice if the petitioner fails to name a proper respondent within the time allotted by the court.

A BILL to amend and reenact § 8.01-658 of the Code of Virginia, relating to service of writ of habeas corpus; dismissal of petition.

15102307D

S.B. 1180

Patron: Ebbin

Custody and visitation agreements; best interests of the child. Requires the court to consider any history of abuse of persons other than family members when determining the best interests of the child for the purposes of custody and visitation arrangements. The bill removes the requirement that in order for a court, on the basis of certain offenses, to enjoin a parent from filing a custody or visitation petition, the victim of the offense must have been his child, a child with whom he resided at the time, or the other parent of the child.

A BILL to amend and reenact §§ 20-124.2 and 20-124.3 of the Code of Virginia, relating to custody and visitation agreements; best interests of the child.

15101010D

S.B. 1189

Patron: Lewis

Obtaining records concerning electronic communication service or remote computing service; authentication of contents of communications. Provides that, in obtaining contents of communications, the provider of electronic communication service or remote computing service may verify the authenticity of those records by providing an affidavit from the custodian of those records, or from a person to whom such custodian reports, certifying that they are accurate and complete and prepared in the regular course of business.

A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to records concerning electronic communication service or remote computing service; authentication of contents of communications.

15102300D

S.B. 1190

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. 1193

Patron: Norment

Academic transcripts; suspension or permanent dismissal from institution. Requires the registrar of each public institution of higher education and certain private institutions of education, or the other employee, office, or department of the institution that is responsible for maintaining student academic records, to include a prominent notation on the transcript of each student who has been suspended or permanently dismissed from the institution for a violation of the institution's code, rules, or set of standards governing the conduct of students.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15, relating to academic transcripts; suspension or permanent dismissal from institution.

15100604D

S.B. 1270

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

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. 1329

Patron: Garrett

Institutions of higher education; sexual assault; memorandum of understanding and policies. Requires the governing board of each public or private institution of higher education to (i) establish a written memorandum of understanding with a local sexual assault crisis center or other victim support service and (ii) adopt policies that require the institution to offer to refer the sexual assault victim to the sexual assault crisis center, encourage victims to take steps to preserve physical evidence, provide clear guidance on linking victims to other community resources, provide options for victims who do not want to make an official report to make an anonymous report, and provide amnesty for victims who fear their conduct may also be questioned or who are concerned that an official report might jeopardize their academic status.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15, relating to institutions of higher education; sexual assault; memorandum of understanding and policies.

15103641D

S.B. 1357

Patron: Reeves

Servicemembers Civil Relief Act; duty of counsel to exercise due diligence in representation of a servicemember. Requires any counsel appointed to represent a defendant pursuant to the Servicemembers Civil Relief Act (SCRA) to exercise due diligence to faithfully represent the interest of the servicemember, to locate and communicate with the servicemember, to conduct an investigation of the reasonably discoverable facts in the case, to determine whether or not the servicemember has a defense to any of the allegations in the suit, and to present that information to the court. The bill also requires the plaintiff in a case in which counsel has been appointed under the SCRA to represent a defendant to promptly deliver all discoverable electronic and print files to the appointed counsel upon request. The bill further provides that counsel appointed pursuant to the Service members Civil Relief Act shall not be selected by the plaintiff or counsel for the plaintiff or have any affiliation with the plaintiff.

A BILL to amend and reenact § 8.01-15.2 of the Code of Virginia, relating to the Servicemembers Civil Relief Act; duty of counsel to exercise due diligence in representation of a servicemember.

15103324D

S.B. 1361

Patron: McDougle

Inmates; U.S. Immigration and Customs Enforcement; detainers. Allows the custodian of a state or local inmate to transfer custody of the person to U.S. Immigration and Customs Enforcement no more than five days before the date such inmate would otherwise be released if the custodian receives a detainer from U.S. Immigration and Customs Enforcement.

A BILL to amend the Code of Virginia by adding in Chapter 10 of Title 53.1 a section numbered 53.1-220.2, relating to transfer of incarcerated persons to Immigration and Customs Enforcement.

15103267D

S.B. 1391

Patron: Marsden

Correctional Officer Procedural Guarantee Act. Creates the Correctional Officer Procedural Guarantee Act to establish procedural guarantees for correctional officers when allegations are made against such officers involving matters that may lead to their dismissal, demotion, suspension, or transfer for punitive reasons.

A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 5.1, consisting of sections numbered 9.1-508 through 9.1-511, relating to creation of the Correctional Officer Procedural Guarantee Act.

15103792D

S.B. 1393

Patron: Saslaw

Pharmacists; compounding of drugs for use in executions. Empowers the Director of the Department of Corrections to make and enter into contracts with an external entity to compound the drugs necessary to carry out execution by lethal injection. The bill also ensures that information relating to the identity of the entity compounding drugs for use in executions and all documents related to the execution process are confidential, exempt from the Freedom of Information Act, and not subject to discovery or introduction as evidence in a civil proceeding except for good cause shown.

A BILL to amend and reenact §§ 53.1-10, 53.1-233, 54.1-3301, and 54.1-3410.2 of the Code of Virginia, relating to pharmacists; compounding of drugs for use in executions.

15101495D