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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 11, 2015
Time and Place: 1/2 hour after adjournment Senate Room B

H.B. 1287 Forfeiture of property used in connection with commission of crimes; conviction required.

Patron: Cole

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 authorizing the forfeiture and has exhausted all appeals. The bill provides that property may be forfeited even though no final conviction order is entered if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized. This bill incorporates HB 1468.

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.

15104038D

H.B. 1308 Wire, electronic, or oral communications; civil action for unlawful interception, disclosure, etc.

Patron: Marshall, R.G.

Right to privacy in electronic communications; confidential relationship; civil action. Doubles the amount of liquidated damages that may be recovered against a person who intercepts, discloses, or uses wire, electronic, or oral communications in violation of Virginia's wiretapping law if such communications are between (i) a husband and wife; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice. The bill increases the allowable liquidated damages from $400 a day for each day of violation or $4,000, whichever is higher, to $800 a day or $8,000.

A BILL to amend and reenact § 19.2-69 of the Code of Virginia, relating to privacy in communications; confidential relationship; civil action.

15104020D

H.B. 1331 Sheriff's office; clarifies motor vehicle markings.

Patron: Campbell

Sheriff's office; motor vehicle markings. Clarifies the markings that are to be placed on motor vehicles used by sheriffs' offices.

A BILL to amend and reenact § 15.2-1610 of the Code of Virginia, relating to sheriff's office.

15100646D

H.B. 1350 Personal injury or wrongful death action; appointment of administrator.

Patron: Habeeb

Personal injury or wrongful death action; appointment of administrator. Imposes a minimum interval of 60 days between a person's death and a circuit court clerk's appointment of an administrator for prosecution of a personal injury or wrongful death action against or on behalf of the decedent, when an executor or administrator of the estate has not been appointed.

A BILL to amend and reenact § 64.2-454 of the Code of Virginia, relating to the appointment of an administrator for prosecution of personal injury or wrongful death action.

15100061D

H.B. 1355 Photo monitoring; use of systems to enforce traffic light signals, appeals.

Patron: Ramadan

Use of photo-monitoring systems to enforce traffic light signals; appeals. Provides that an operator of a motor vehicle found in violation of an ordinance created to enforce photo-monitoring systems for traffic lights has a right to appeal to the circuit court in a civil proceeding. The bill also reduces from $50 to $20 the amount of the matter in controversy above which an appeal of right exists in a civil case.

A BILL to amend and reenact §§ 15.2-968.1 and 16.1-106 of the Code of Virginia, relating to use of photo-monitoring systems to enforce traffic light signals; appeals.

15100482D

H.B. 1366 Sex offenders; prohibiting entry onto school or other property, hearing.

Patron: Campbell

Sex offenses prohibiting entry onto school or other property; hearing. Provides that a sex offender who is prohibited from entering upon school or child day center property who petitions the circuit court for permission to enter such property must cause notice of the time and place of the hearing on his petition to be published once a week for two successive weeks in a newspaper of general circulation. The bill provides that the court may permit any person who attends the hearing to testify regarding the petition. The bill also requires that for a public school the petitioner must provide notice of his petition to the chairman of the school board in addition to the superintendent of public instruction.

A BILL to amend and reenact § 18.2-370.5 of the Code of Virginia, relating to sex offenses prohibiting entry onto school or other property; hearing.

15101126D

H.B. 1367 Temporary injunction; affidavit or verified pleading.

Patron: Campbell

Temporary injunction; affidavit or verified pleading. Provides that an application for a temporary injunction may be supported or opposed by an affidavit or verified pleading. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-628 of the Code of Virginia, relating to temporary injunction; affidavit or verified pleading.

15100479D

H.B. 1397 Divorce; evidence by affidavit.

Patron: Leftwich

Divorce; evidence by affidavit. Provides that if a party has filed for divorce on fault grounds and moves pursuant to § 20-121.02 for a divorce on no-fault grounds without amending the pleadings, the party may submit to the court an affidavit in support of such no-fault grounds. The bill also clarifies that in order to file a divorce or annulment action in the Commonwealth, at least one of the parties to the action must have been for at least six months preceding the filing of the action an actual bona fide resident and domiciliary of the Commonwealth. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 20-97 and 20-106 of the Code of Virginia, relating to divorce; evidence by affidavit.

15100274D

H.B. 1408 Telecommunication records; warrant requirement, prohibition on collection by law enforcement.

Patron: Marshall, R.G.

Warrant requirement for certain telecommunications records; prohibition on collection by law enforcement. Provides that if an investigative or law-enforcement officer would be required to obtain a search warrant in order to obtain the contents of electronic communications or real-time location data from a provider of electronic communication service or remote computing service, the officer shall not use any device to intercept such communications or collect such real-time location data without first obtaining a search warrant authorizing the use of the device. This bill incorporates HB 1348.

A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to warrant requirement for certain telecommunications records; prohibition on collection by law enforcement.

15103758D

H.B. 1418 Criminal injuries compensation; confidentiality.

Patron: Ware

Criminal injuries compensation; confidentiality. Exempts records, papers, transcripts, opinions, and reports involving Criminal Injuries Compensation Fund claims from disclosure to anyone other than the agents or representatives of the Virginia Workers' Compensation Commission and the claimant or the claimant's representative. The exemption does not apply to the amount of the award and nonidentifying information concerning the claimant or victim. The measure also requires that hearings on such claims be closed. An exemption from disclosure of such materials and a requirement for closed hearings currently exist only when the claimant or victim is a juvenile.

A BILL to amend and reenact §§ 19.2-368.6 and 19.2-368.14 of the Code of Virginia, relating to the criminal injuries compensation program; confidentiality of proceedings and records.

15101675D

H.B. 1545 United States Postal Service; inspectors.

Patron: Fariss

United States Postal Service; inspectors. Removes the word "Inspection" from references to the United States Postal Inspection Service in several criminal procedure sections. The United States Postal Service restructured its law-enforcement agencies in 1997 and currently has two federal law-enforcement agencies with jurisdiction to investigate Postal Service-related crimes. By removing the word "Inspection," both agencies are included in Code sections governing conservators of the peace, issuance of search warrants, and analysis of forensic evidence.

A BILL to amend and reenact §§ 19.2-12, 19.2-56, 19.2-187, and 19.2-187.01 of the Code of Virginia, relating to criminal procedure; postal inspectors.

15102354D

H.B. 1560 Electronic summons systems; fees assessed by towns.

Patron: Rust

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 the district or circuit courts located where such cases are brought, 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.

15101955D

H.B. 1609 Severability; removes clauses by repeal or amendment throughout Code of Virginia.

Patron: Habeeb

Severability. Removes severability clauses by repeal or amendment throughout the Code of Virginia pursuant to the general severability clause, § 1-243. Severability clauses currently found in the Code are inconsistent and misleading and create the assumption that other sections of the Code are not severable. Severability sections applying outside of the Code of Virginia, for example to administrative regulations and interstate compacts, are maintained. This bill is a recommendation of the Virginia Code Commission.

A BILL to amend and reenact §§ 2.2-2349, 3.2-4218, 9.1-920, 15.2-4617, 15.2-4715, 15.2-4814, 15.2-4919, 15.2-5364, 15.2-5431, 15.2-5508, 15.2-5515, 15.2-5522, 15.2-5615, 15.2-6320, 15.2-6622, 15.2-6648, 15.2-7226, 15.2-7422, 18.2-374.1, 23-9.10:3, 23-30.37, 23-30.58, 33.2-1528, 33.2-1529, 38.2-3407.12, 38.2-3407.15, and 64.2-741 of the Code of Virginia and to repeal §§ 5.1-176, 8.1A-105, 13.1-527.01, 13.1-780, 13.1-940, 13.1-1068, 18.2-76.2, 18.2-152.13, 23-38.19, 32.1-322, 33.2-1824, 33.2-2222, 33.2-2920, 36-85.15, 36-96.22, 38.2-2628, 38.2-5512, 40.1-51.18, 46.2-341.33, 50-73.74, 50-73.146, 53.1-95.23, 55-210.30, 55-297.1, 55-349, 55-422, 55-437, 56-265.27, 57-68, 59.1-9.18, 59.1-21.18, 59.1-261, 59.1-315, 59.1-342, 59.1-428, 59.1-509.1, 60.2-710, and 64.2-807 of the Code of Virginia, relating to severability.

15100267D

H.B. 1610 Punitive or exemplary damages; consistency provided by changing references to damages.

Patron: Habeeb

Punitive or exemplary damages. Provides consistency by changing references to "exemplary damages" or "punitive or exemplary damages" to "punitive damages." The terms "exemplary" and "punitive" are interchangeable. The bill also makes technical corrections and is a recommendation of the Code Commission.

A BILL to amend and reenact §§ 8.01-40, 8.01-44.5, 8.01-622.1, 38.2-1501, 38.2-1603, 38.2-1701, 46.2-1527.5, 46.2-1527.10, 51.5-46, 54.1-1123, and 54.1-2116 of the Code of Virginia, relating to punitive damages.

15100296D

H.B. 1611 Assault and battery; felony when committed against certain persons.

Patron: Miller

Assault and battery against certain persons. Amends provision making it a Class 6 felony to commit an assault or an assault and battery against judges, magistrates, law-enforcement officers, correctional officers, firefighters, and emergency medical services personnel and persons directly involved in the care, treatment, or supervision of certain inmates, juvenile offenders, and sexually violent predators, when they are engaged in the performance of their public duties to state that the crime may occur anywhere in the Commonwealth. The bill provides that its provisions are declarative of existing law.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; location of offense.

15102599D

H.B. 1635 Defamation; statute of limitations, actions involving Internet.

Patron: Albo

Defamation; statute of limitations.  Provides that if a publisher of defamatory statements publishes anonymously or under a false identity on the Internet, an action may be filed and the statute of limitations shall be tolled until the identity of the publisher is discovered or, by the exercise of due diligence, reasonably should have been discovered.

 A BILL to amend and reenact § 8.01-247.1 of the Code of Virginia, relating to statute of limitation on defamation.

15103982D

H.B. 1851 Attorney General; allowed to represent a court reporter employed by the Commonwealth, etc.

Patron: Adams

Representation by Attorney General; court reporters. Allows the Attorney General to represent a court reporter employed or retained by the Commonwealth, an agency or court thereof, or a local public agency in a civil matter brought against him for alleged errors or omissions in the discharge of his duties.

A BILL to amend and reenact § 2.2-507 of the Code of Virginia, relating to representation by Attorney General; court reporters.

15101485D

H.B. 1875 Land records; Department of Historic Resources exempted from fee for secured remote access record.

Patron: Kory

Remote access to land records; fee; Department of Historic Resources. Exempts the Department from the fee for remote access to land records.

A BILL to amend and reenact § 17.1-276 of the Code of Virginia, relating to remote access to land records; fee; Department of Historic Resources.

15101358D

H.B. 1882 Writ of actual innocence; bail hearings.

Patron: Herring

Writ of actual innocence; bail hearings. Provides that when the Attorney General joins in a petition for a writ of actual innocence, the petitioner may move the circuit court that entered the felony conviction for a bail hearing.

A BILL to amend and reenact § 17.1-513 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-327.2:1 and 19.2-327.10:1, relating to petition for writ of actual innocence; bail hearing.

15101835D

H.B. 1921 Virginia Self-Service Storage Act; notice of default by electronic means.

Patron: Anderson

Virginia Self-Service Storage Act; notice of default. Provides that the required notices of default may be sent by the owner of a self-storage facility by electronic means if (i) expressly provided for in the rental agreement and (ii) the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. The bill also adds that any such notice shall be presumed delivered when it is sent by such electronic means, provided that the sender retains sufficient proof of the electronic delivery. The bill provides that in the event of a dispute, the sender shall have the burden to demonstrate delivery of the notice of default. The bill adds a definition of verified mail that adds the option of using a private delivery service that provides evidence of mailing.

A BILL to amend and reenact §§ 55-417 and 55-419 of the Code of Virginia, relating to the Virginia Self-Service Storage Act; notice of default.

15103351D

H.B. 1955 Cigarette laws; administration and enforcement.

Patron: McClellan

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.

15102593D

H.B. 1978 Juvenile Justice, Advisory Committee on; changes requirements for quorum and meetings.

Patron: Preston

Advisory Committee on Juvenile Justice; quorum and meetings. Changes the quorum requirements for the Advisory Committee on Juvenile Justice from a majority of the members to 12 members, including voting and nonvoting members. The bill also eliminates the provision that requires the Advisory Committee to meet at least four times per year. The bill contains technical amendments.

A BILL to amend and reenact § 9.1-111 of the Code of Virginia, relating to the Advisory Committee on Juvenile Justice; quorum and meetings.

15103315D

H.B. 1983 Remote access to land records; indemnification.

Patron: Sullivan

Remote access to land records; indemnification. Prohibits a circuit court clerk or an outside vendor contracted by the clerk, or both, from including their indemnification as a requirement in an agreement with a state agency or employee thereof to provide subscribers remote access to land records.

A BILL to amend and reenact § 17.1-276 of the Code of Virginia, relating to remote access to land records; indemnification.

15101374D

H.B. 2016 Personal injury or wrongful death action; qualification of fiduciary.

Patron: Surovell

Action for personal injury or wrongful death; qualification of fiduciary. Provides that when a fiduciary qualifies for the sole purpose of prosecuting or defending a personal injury or wrongful death action, the court in which the fiduciary qualifies or the commissioner of accounts for such court may exempt the fiduciary from filing further accounts where the fiduciary is not administering any funds and has no power of sale over any real estate the decedent owned.

A BILL to amend and reenact §§ 8.01-606 and 64.2-454 of the Code of Virginia, relating to actions for personal injury and wrongful death; qualification of fiduciary.

15104231D

H.B. 2172 Courts of record; submission of trial court record to appellate court.

Patron: Pillion

Courts of record; acceptability of electronic medium; submission of trial court record to appellate court. Provides that any clerk of a circuit court with an electronic filing system that complies with the Rules of Supreme Court of Virginia may provide the trial court record in electronic form to the appropriate clerk of any appellate court and permits the use of a private vendor electronic filing system as long as such system is in compliance with the filing standards established by the Supreme Court. The bill has a delayed effective date of January 1, 2016.

A BILL to amend and reenact § 17.1-258.6 of the Code of Virginia, relating to acceptability of electronic medium; submission of trial court record to appellate court.

15104279D

H.B. 2182 Criminal Justice Services, Department of; prescription drug abuse policy.

Patron: Bloxom

Department of Criminal Justice Services; prescription drug abuse policy. Requires the Department of Criminal Justice Services to establish, publish, and disseminate a model policy or guideline for law-enforcement personnel involved in criminal investigations that embodies current best practices for identifying persons who obtain prescription drugs and the methods used to obtain such drugs (i) because such person has a substance abuse or dependence problem or (ii) for the purpose of diverting such substances to another person.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; prescription drug abuse policy.

15100672D

H.B. 2229 Small estates; checks or negotiable instruments.

Patron: Minchew

Small estates; checks and negotiable instruments. Provides that if the successor to a decedent receives certain small assets in the form of checks, drafts, or other negotiable instruments that are payable to the decedent's estate, the successor may endorse or negotiate such checks, drafts, or other negotiable instruments.

A BILL to amend and reenact § 64.2-601 of the Code of Virginia, relating to small estates; checks and negotiable instruments.

15103190D

H.B. 2286 Firearms, etc.; possession or transporting by felon.

Patron: Webert

Possession, etc., of firearms, etc., by convicted felons; restoration of rights. Provides that the prohibition on the possession and transportation of firearms, ammunition, stun weapons, and explosive materials by convicted felons does not apply to a felon whose right to possess firearms or ammunition has been restored under the law of another state or political subdivision thereof.

A BILL to amend and reenact § 18.2-308.2 of the Code of Virginia, relating to possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.

15104052D

H.B. 2298 Capitol Square; mandatory payment of restitution for any damage to Square or any building, etc.

Patron: Morefield

Mandatory restitution; damage to Capitol Square or any building, monument, etc., in Capitol Square, or other facilities assigned to the Capitol Police. Requires payment of restitution to the Commonwealth for any damage to Capitol Square or any building, monument, statuary, artwork, or other state property in Capitol Square, or other facility assigned to the Capitol Police, when a person is convicted of damaging such public buildings or convicted of participating in a riot, remaining at the place of a riot or unlawful assembly, or conspiracy or incitement to produce a riot during which such damage was caused.

A BILL to amend and reenact § 19.2-305.1 of the Code of Virginia, relating to mandatory restitution; damage to Capitol Square or any building, monument, etc., in Capitol Square.

15101768D