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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 18, 2015
Time and Place: 1/2 hour after recess of Senate Senate Room B
Updated to include HB 1418 and HB 1486

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. 1469 Marriage certificates; listing parties as spouse, bride, or groom.

Patron: Albo

Marriage certificates; names of parties. Provides that marriage certificates issued by the clerk shall, upon request, list the parties as spouse, bride, or groom.

A BILL to amend and reenact § 20-16 of the Code of Virginia, relating to issuance of marriage certificates.

15101321D

H.B. 1486 Workers' compensation; exclusivity of remedy.

Patron: Habeeb

Workers' compensation; exclusivity of remedy. Provides that if a court or the Worker's Compensation Commission makes a finding in an unappealed order that an accident, disease, injury, disease 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 and certain others from arguing before the Commission or a court that the accident, injury, disease or death did not arise out of and in the course and scope of the employee's employment. The bill further sets out the notice provisions required in order for the court finding to be res judicata.

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

15104730D

H.B. 1503 Driving after forfeiture of license; blood alcohol content.

Patron: Albo

Driving after forfeiture of license; blood alcohol content. Provides that there shall be a rebuttable presumption that a person's blood alcohol concentration at the time of the offense is the concentration indicated by a chemical test in any prosecution of (i) a person for operating a motor vehicle after his privilege to do so has been restricted, suspended, or revoked with a blood alcohol concentration (BAC) of 0.02 or more (ii) of a person under the age of 21 for operating a motor vehicle with a blood alcohol concentration (BAC) of 0.02 or more.

A BILL to amend and reenact §§ 18.2-266.1 and 18.2-272 of the Code of Virginia, relating to driving after forfeiture of license; blood alcohol content.

15103755D

H.B. 1573 Attorney General; duty to represent the interests of the Commonwealth.

Patron: Pogge

Duty of the Attorney General to represent the Commonwealth. Provides that the Attorney General or his designee has the duty to represent the interests of the Commonwealth or any political subdivision thereof in any proceeding in federal court or a Virginia appellate court in which the constitutionality or validity of a provision of the Constitution of Virginia or of any law or regulation of the Commonwealth is contested or at issue, except in cases where it would be improper due to a conflict of interests.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-507.3, relating to the duty of the Attorney General to represent the Commonwealth.

15104236D

H.B. 1606 Private police departments; definition.

Patron: Garrett

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.

15101562D

EMERGENCY

H.B. 1717 Psychiatric treatment of minors; objecting minor, criteria, duration of admission.

Patron: LeMunyon

Psychiatric treatment of minors; objecting minor; criteria; duration of admission. 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. The bill also 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.

15100955D

H.B. 1718 Private investigators or personal protection specialist; independent contractors.

Patron: LeMunyon

Private investigators; personal protection specialist; independent contractors. Allows a licensed private security services business to hire as an independent contractor a personal protection specialist or private investigator who has been issued a registration by the Department of Criminal Justice Services. The bill also requires such independent contractors to maintain comprehensive general liability insurance.

A BILL to amend and reenact §§ 9.1-139 and 9.1-144 of the Code of Virginia, relating to private investigators; personal protection specialists; independent contractors; insurance.

15104855D

H.B. 1764 Criminal history record information; dissemination, etc., civil actions.

Patron: Loupassi

Dissemination, etc., of criminal history record information; civil actions. Creates two separate civil actions relating to the dissemination, publication, or maintenance of criminal history record information. First, any person who disseminates or publishes or  causes to be disseminated or published the criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal offense more than 120 days after confirmation by the State Police to the individual charged or arrested that such information has been expunged pursuant to Title 16.1 or Title 19.2 when such person knows or should have known that the information has been expunged shall be liable to the individual who is the subject of the information. Second, any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal offense and solicits, requests, or accepts money or other thing of value for removing such criminal history record information shall be liable to the individual who is the subject of the information. In both cases, such person may be liable to the subject individual for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. Finally, the bill does not impose liability on an interactive computer service for content provided by another person or any speech protected by Article I, Section 12 of the Constitution of Virginia.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.3, relating to the dissemination, etc., of criminal history record information; civil actions.

15104124D

H.B. 1780 Circuit court clerk; revises certain responsibilities.

Patron: Leftwich

Circuit court clerk responsibilities. Revises certain circuit court clerk responsibilities, including (i) permitting the posting of notices on the circuit court clerk's website; (ii) clarifying that, if a name change is granted to a convicted sex offender, the clerk entering such order shall transmit a certified copy to any agency or department of the Commonwealth that has issued a license using such person's changed name, if known to the court and identified in the court order; (iii) clarifying that the clerk of court is not required to enter partial satisfactions of each installment payment of court costs; and (iv) allowing the clerk of court to compel production of a will or require security.

A BILL to amend and reenact §§ 1-211.1, 8.01-217, 8.01-453, 8.01-454, 64.2-449, and 64.2-505 of the Code of Virginia, relating to circuit court clerk responsibilities.

15101887D

H.B. 1785 Campus police departments; sexual assault reporting.

Patron: Massie

Campus police departments; sexual assault reporting. Requires that mutual aid agreements between a campus police force and a law-enforcement agency contain provisions requiring either the campus police force or the agency with which it has established a mutual aid agreement to notify the local attorney for the Commonwealth within 48 hours of any investigation involving felony criminal sexual assault occurring on campus property or other property related to the institution of higher education that is victim-initiated or is required to be reported to the campus community. The bill also requires institutions of higher education that have security departments instead of campus police forces to enter into a memorandum of understanding with a law-enforcement agency and such memorandum of understanding shall contain similar provisions requiring reports to the local attorney for the Commonwealth.

A BILL to amend and reenact § 23-234 of the Code of Virginia, relating to campus police departments; sexual assaults; reporting to local attorney for the Commonwealth.

15104825D

H.B. 1798 Fiduciary; qualification without security, issuance of certificates of qualification.

Patron: Knight

Qualification of fiduciary without security; issuance of certificates of qualification; payments. Sets out the requirements for the certificates of qualification issued by the court or clerk where the amount does not exceed $25,000. The bill also sets out the procedure for payments made to the named fiduciary of any asset belonging to or owed to the specified deceased or incapacitated person or minor and provides that assets held in a safe deposit box are not counted towards the $25,000 limit.

A BILL to amend and reenact § 64.2-1411 of the Code of Virginia, relating to qualification of fiduciary without security; issuance of certificates of qualification; payments.

15104514D

H.B. 1819 Motor vehicle accidents; underinsured motorist claims, settlement procedures, subrogation.

Patron: Kilgore

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.

15104760D

H.B. 1833 Naloxone; administration by law-enforcement officers.

Patron: Gilbert

Law-enforcement officers; administration of naloxone. Allows law-enforcement officers who are authorized by a prescriber and trained in the administration of naloxone to possess naloxone and administer naloxone to a person who is believed to be experiencing or about to experience an opiate overdose. The bill provides law-enforcement officers or prescribers immunity from civil liability for any personal injury that results from the good-faith administration of naloxone.

A BILL to amend and reenact §§ 8.01-225 and 54.1-3408 of the Code of Virginia, relating to law-enforcement officers; administration of naloxone.

15101645D

H.B. 1946 Administrative subpoenas; electronic communication services, sealing of subpoena.

Patron: McClellan

Administrative subpoenas; electronic communication services; sealing of subpoena. Adds the Attorney General to the section that gives attorneys for the Commonwealth the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a law-enforcement investigation of certain pornography, abduction, and prostitution crimes.  The bill provides that such subpoenas shall be sealed if the attorney for the Commonwealth or Attorney General makes written certification that there is reason to believe that the disclosure of the existence of the subpoena will endanger the life or physical safety of an individual, or lead to flight from prosecution, the destruction of or tampering with evidence, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation. 

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

15104255D

H.B. 2015 Creditor process; bankruptcy proceeding exemptions.

Patron: Surovell

Exemption from creditor process; bankruptcy proceedings. Makes several changes to articles that may be exempted from creditor process: (i) removes the one gun limit, though the $3,000 cap remains the same; (ii) removes the one car limit, though the $6,000 cap remains the same; (iii) allows those portions of a tax refund or governmental payment attributable to the federal Child Tax Credit or the Earned Income Credit to be exempted; (iv) allows unpaid spousal or child support to be exempted; and (v) extends the exemption from creditor process to spousal and child support, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.

A BILL to amend and reenact § 34-26 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 34 a section numbered 34-28.2, relating to bankruptcy proceeding exemptions.

15104324D

H.B. 2035 Lynchburg, City of; establishment of airport police department at Lynchburg Regional Airport.

Patron: Byron

Airport police department; Lynchburg Regional Airport. Allows the City of Lynchburg by ordinance to establish an airport police department at the Lynchburg Regional Airport. The authority of the airport police department shall be limited to real property owned, leased, or controlled by the Airport. Such authority shall not supersede the authority, duties, or jurisdiction vested by law with the local police department or sheriff's office. The airport police department and airport police officers shall be subject to and comply with the Constitution of the United States, the Constitution of Virginia, the laws governing municipal police departments, and any regulations adopted by the Criminal Justice Services Board that the Department of Criminal Justice Services designates as applicable to private police departments. Any person employed as an airport police officer pursuant to this act shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1 of the Code of Virginia.

A BILL to allow the City of Lynchburg to establish an airport police department at the Lynchburg Regional Airport.

15104852D

H.B. 2082 Emergency care; forcible entry of motor vehicle to remove a minor.

Patron: Peace

Civil immunity for rendering emergency care; forcible entry of motor vehicle to remove a minor. Provides that the civil immunity granted for rendering emergency care or assistance includes the forcible entry of a motor vehicle to remove an unattended minor at risk of serious bodily injury or death, provided the person has attempted to contact a law-enforcement officer, a firefighter, emergency medical services personnel, or an emergency 911 system prior to such entry, if feasible under the circumstances.

A BILL to amend and reenact § 8.01-225 of the Code of Virginia, relating to civil immunity for rendering emergency care; forcible entry of motor vehicle.

15100065D

H.B. 2092 Virginia Sexual and Domestic Violence Local Program Center; established.

Patron: Peace

Sexual and domestic violence; establishment of committees. Establishes the Virginia Sexual and Domestic Violence Program Professional Standards Committee and requires the Department of Criminal Justice Services to administer its activities by providing technical assistance and administrative support.  This Committee is tasked with establishing voluntary accreditation standards and procedures by which local sexual and domestic violence programs can be systematically measured and evaluated with a peer-reviewed process.  An Advisory Committee on Sexual and Domestic Violence is also established and has the responsibility for advising and assisting state and local entities on matters related to the prevention and reduction of sexual and domestic violence and to promote the efficient administration of grant funds. This bill incorporates HB 1954 and is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 sections numbered 9.1-116.2 and 9.1-116.3, relating to powers and duties of the Department of Criminal Justice Services; committees related to sexual and domestic violence.

15104453D

H.B. 2112 DCJS; eliminates requirement for training standards for undercover work.

Patron: Miller

DCJS; training standards for undercover work. Eliminates the requirement that the Department of Criminal Justice Services (DCJS) establish compulsory training courses for law-enforcement officers who have not completed the compulsory minimum training standards prior to assigning any such officer to undercover investigation work. Such training is not offered by criminal justice training academies due to liability and officer safety issues.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; training standards for undercover work.

15101830D

H.B. 2120 Strangulation; admission to bail.

Patron: Cline

Admission to bail; strangulation. Adds strangulation to the list of crimes charged for which there is a rebuttable presumption against admission to bail.

A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to admission to bail; strangulation.

15104686D

H.B. 2129 Barriers to licensure or registration; certain DCJS regulated industries.

Patron: Mason

Barriers to licensure or registration; private security services businesses; bail bondsmen; bail enforcement agents; special conservators of the peace. Prohibits persons who are required to register as a sex offender from obtaining a license or registration from the Department of Criminal Justice Services for the private security industry, bail bonding industry, and special conservators of the peace program.

A BILL to amend and reenact §§ 9.1-139, 9.1-185.4, 9.1-186.4, and 19.2-13 of the Code of Virginia, relating to barriers to licensure or registration; certain Department of Criminal Justice Services regulated industries.

15104280D

H.B. 2206 Conservators of the peace, special; application for appointment.

Patron: Campbell

Special conservators of the peace; application; appointment order. Requires applications for appointments of special conservators of the peace to be submitted on forms developed by the Office of the Executive Secretary of the Supreme Court of Virginia, and further requires that the Supreme Court shall establish reasonable judicial training regarding the use of such forms and the powers that may be granted in appointment orders. The bill also requires that if an appointment order grants a special conservator powers over property not within the judicial circuit of the appointing court, the clerk of the appointing court shall transmit a copy of the appointment order to the circuit court clerk and the sheriff or chief of police of each jurisdiction where the conservator has powers. The bill also provides that upon receipt of an application for the appointment of a special conservator by any party other than a sheriff or chief of police, the court shall, prior to entering the appointment order, transmit a copy of the application to the local attorney for the Commonwealth and the local sheriff or chief of police, who may submit to the court a sworn, written statement indicating whether the order of appointment should be granted.

A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; application; appointment order.

15101016D

H.B. 2228 Sex Offender and Crimes Against Minors Registry; registration verification.

Patron: Ingram

Sex Offender and Crimes Against Minors Registry; registration verification. Provides that the Department of Corrections or other supervisory personnel may cause to be physically verified by the State Police the registration information on the Sex Offender and Crimes Against Minors Registry that is required of registrants over whom the Department or the supervisory personnel exercise control. Under current law, physical verification must be carried out by the Department or the supervisory personnel.

A BILL to amend and reenact § 9.1-907 of the Code of Virginia, relating to the Sex Offenders and Crimes Against Minors Registry; verification of registration information.

15103056D

H.B. 2255 Lawrenceville, Town of; DOC to convey certain real property to be used for water facilities.

Patron: Tyler

Conveyance; Town of Lawrenceville. Conveys a 0.94-acre parcel from the Department of Corrections (the Department) to the Town of Lawrenceville in Brunswick County. The parcel contains a water booster station and storage tank maintained by the Town of Lawrenceville and formerly used to serve a prison that the Department operated adjacent to the parcel. The conveyance is required to be made without consideration or cost to the Commonwealth.

A BILL to authorize the Department of Corrections to convey certain real property to the Town of Lawrenceville to be used for water facilities.

15103159D

H.B. 2263 Roanoke Regional Airport Commission; may establish police department with law-enforcement powers.

Patron: Habeeb

Roanoke Regional Airport Commission. Allows the Roanoke Regional Airport Commission to establish an airport police department at the Roanoke Regional Airport. The authority of the airport police department shall be limited to real property owned, leased, or controlled by the Airport. Such authority shall not supersede the authority, duties, or jurisdiction vested by law with the local police department or sheriff's office. The airport police department and airport police officers shall be subject to and comply with the Constitution of the United States, the Constitution of Virginia, the laws governing municipal police departments, and any regulations adopted by the Criminal Justice Services Board that the Department of Criminal Justice Services designates as applicable to private police departments. Any person employed as an airport police officer pursuant to this act shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1 of the Code of Virginia.

A BILL to amend Chapter 140 of the Acts of Assembly of 1986 by adding a section numbered 10.1 and to repeal § 10, as amended, of Chapter 140 of the Acts of Assembly of 1986, relating to Roanoke Regional Airport Commission; airport police department.

15104797D

H.B. 2265 Private security services; DCJS shall cause to be issued a plastic photo identification card.

Patron: Fowler

Department of Criminal Justice Services; photo identification. Provides that the Department of Criminal Justice Services shall design and approve the issuance of photo-identification cards to every person who is issued a private security services registration by the Department, special conservators of the peace, and licensed bail bondsmen and bail enforcement agents. The photo-identification card shall contain the name, registration or license number, registration or license category, and photograph of the person; the date of issuance; the date of expiration; and the name of the issuer, "Department of Criminal Justice Services, Commonwealth of Virginia." The Department may enter into an agreement with the Department of Motor Vehicles to produce the photo-identification cards. The bill has a delayed effective date of July 1, 2016.

 A BILL to amend and reenact §§ 9.1-102 and 19.2-13 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 9.1-102.1, relating to the Department of Criminal Justice Services; photo identification.

15104844D

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. 2355 Electronic communication service or remote computing service; obtaining records, real-time data.

Patron: Loupassi

Real-time location data; search warrant. Provides that a search warrant for real-time location data shall be issued if the judge or magistrate issuing the warrant is satisfied that probable cause has been established that the real-time location data sought is relevant to a crime that is being committed, has been committed, or is about to be committed or that an arrest warrant exists for the person whose real-time location data is sought.

A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to obtaining records concerning electronic communication service or remote computing service; real-time location data.

15104623D

H.B. 2368 Involuntary civil admissions; evaluations.

Patron: Garrett

Involuntary civil admissions; evaluations. Directs the Commissioner of Behavioral Health and Developmental Services to develop a comprehensive plan to authorize psychiatrists and emergency physicians to evaluate individuals for involuntary civil admission.

A BILL to direct the Commissioner of Behavioral Health and Developmental Services to develop a comprehensive plan to authorize psychiatrists and emergency physicians to evaluate individuals for involuntary civil admission.

15103905D

H.B. 2383 Child support; disabled child over the age of 18.

Patron: Byron

Child support for disabled child over the age of 18. Provides that a court may order child support for any child over the age of 18 who is severely and permanently mentally or physically disabled if such disability existed prior to the child reaching the age of 18 or the age of 19 if the child was a full-time high school student, not self-supporting, and was living in the home of the parent seeking child support. Current requirements that the child also be unable to live independently, unable to support himself, and reside in the home of the parent seeking child support remain unchanged. The bill also provides that an individual who was denied such support prior to July 1, 2015 is eligible to petition the court for support for a disabled child.

 A BILL to amend and reenact §§ 16.1-278.15, 20-60.3, 20-103, 20-107.2, and 20-124.2 of the Code of Virginia, relating to child support for a disabled child.

15104445D