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2015 SESSION

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House Committee on Courts of Justice
Subcommittee Criminal Law

Bell, Robert B. (Chairman), Albo, Cline, Gilbert, Miller, Villanueva, Morris, Adams, Watts, Herring, Mason

Date of Meeting: January 26, 2015
Time and Place: One half hour upon adjournment of the House; HRC in GAB

H.B. 1274 Electronic devices; search without a warrant prohibited.

Patron: Farrell

Search of electronic device without warrant prohibited. Provides that no officer of the law or any other person shall search any cellular telephone, tablet computer, portable computer, desktop computer, or other electronic device containing or designed to contain electronic data or digital information except by virtue of and under a warrant issued by a proper officer.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-59.2, relating to warrant requirement for search of devices containing digital information.

15100087D

H.B. 1317 Speeding; reckless driving.

Patron: Campbell

Speeding; reckless driving. Raises the threshold for per se reckless driving for speeding from driving in excess of 80 miles per hour to driving in excess of 85 miles per hour. The threshold for per se reckless driving for speeding for driving at or more than 20 miles per hour in excess of the speed limit remains unchanged.

A BILL to amend and reenact § 46.2-862 of the Code of Virginia, relating to speeding; reckless driving.

15100416D

H.B. 1500 Overdoses; definition, safe reporting by individual.

Patron: Carr

Safe reporting of overdoses. Establishes an affirmative defense to prosecution of an individual for (i) simple possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii) the unlawful purchase, possession, or consumption of alcohol if such individual sought or obtained emergency medical attention for himself or for another individual because of a drug- or alcohol-related overdose and if the evidence for the charge was obtained as a result of the individual seeking or obtaining emergency medical attention. The bill provides that the affirmative defense may only be invoked by an individual who (a) remains at the scene of the overdose or at any location to which he is transported for emergency medical attention until a law-enforcement officer responds to the report of an overdose, (b) identifies himself to the responding law-enforcement officer, and (c) cooperates, upon request, with any criminal investigation reasonably related to the drug or alcohol that resulted in the overdose. No individual may assert this affirmative defense if the emergency medical attention sought or obtained was during the execution of an arrest warrant or search warrant or during the conduct of a lawful search.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-251.03, relating to safe reporting of overdoses.

15100050D

H.B. 1527 Child abuse or neglect; mandatory reports involving sexual offenses.

Patron: Berg

Mandatory reports of child abuse or neglect; sex offenses. Provides that for purposes of triggering the duty of a mandatory reporter to report suspected child abuse or neglect to the local department of social services, a reason to suspect that a child is abused or neglected includes a reasonable belief that a sexual act has been committed upon the child in violation of Article 7 (Criminal Sexual Assault) of Chapter 4 of Title 18.2 or the statutes prohibiting indecent liberties with children. The bill also provides that any other person may make a complaint regarding such acts to the local department of social services and provides for the investigation of school personnel suspected of committing such acts. Finally, the bill also provides that all law-enforcement departments and other state and local entities shall cooperate with each child-protective services coordinator in the prevention of such sexual acts being committed upon a child.

A BILL to amend and reenact §§ 16.1-241.3, 63.2-1505, 63.2-1506, 63.2-1507, 63.2-1509, 63.2-1510, and 63.2-1511 of the Code of Virginia, relating to mandatory reports of child abuse or neglect; sex offenses.

15101679D

H.B. 1620 DUI; person cannot be found guilty if in vehicle that is parked on private residential property.

Patron: Habeeb

Driving under the influence. Provides that a person cannot be found guilty of driving under the influence if he is in a motor vehicle that is lawfully parked on private residential property owned or leased by such person or on the private residential property of another with the owner's or lessor's permission and the motor of the vehicle is not running. This bill is in response to the Supreme Court of Virginia decision in Sarafin v. Commonwealth, No. 131747 (Oct. 31, 2014).

A BILL to amend and reenact §§ 18.2-266 and 18.2-266.1 of the Code of Virginia, relating to driving under the influence.

15100906D

H.B. 1630 Problem-Solving Courts; established.

Patron: Lingamfelter

Problem-Solving Courts; established. Establishes the Problem-Solving Court Act(the Act). The bill allows the establishment of problem-solving courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of offenders who have special conditions and needs based on military service, mental illness, or societal re-entry. The bill establishes a state problem-solving court docket advisory committee and requires localities intending to establish such courts to establish local advisory committees. The Supreme Court of Virginia is given administrative oversight for the implementation of the Act. The Act is modeled on the Drug Treatment Court Act (§ 18.2-254.1).

A BILL to amend and reenact § 2.2-2001.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-254.2, relating to the Problem-Solving Court Act.

15102024D

H.B. 1647 Drug overdoses; reporting of medical aid or treatment.

Patron: Miller

Reporting of medical aid or treatment for drug overdoses. Requires a physician or other person who renders any medical aid or treatment to any person for an overdose that he knows or has reason to believe is an overdose of a controlled substance classified in Schedule I or II of the Drug Control Act to report such aid or treatment and the patient's name and address, if known, to local law enforcement.

A BILL to amend and reenact § 54.1-2967 of the Code of Virginia, relating to reporting of medical aid or treatment for drug overdoses.

15100567D

H.B. 1720 Capital cases; mental retardation.

Patron: Hope

Capital cases; mental retardation. Requires that the results of an intelligence test given in the process of determining whether a capital case defendant is mentally retarded must be reported as a range of scores calculated by adding to and subtracting from the defendant's test score the standard error of measurement for such test.

A BILL to amend and reenact § 19.2-264.3:1.1 of the Code of Virginia, relating to capital cases; determination of mental retardation.

15103115D

H.B. 1869 Suicide; abolishes common-law crime, penalty.

Patron: Krupicka

Abolish common-law crime of suicide; assisted suicide; penalty. Abolishes the common-law crime of suicide. Suicide is currently a common-law crime in Virginia, although there is no statutorily prescribed punishment. The bill also provides that a person who knowingly and intentionally, with the purpose of assisting another person to commit or attempt to commit suicide, (i) provides the physical means by which another person commits or attempts to commit suicide or (ii) participates in a physical act by which another person commits or attempts to commit suicide is guilty of a Class 1 misdemeanor. The bill provides further that a search warrant may be issued for the search of specified places, things, or persons in connection with the commission of suicide.

A BILL to amend and reenact §§ 19.2-53 and 19.2-56 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-16.1 and 18.2-36.3, relating to abolishing the common-law crime of suicide; assisted suicide; penalty.

15103298D

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. 1902 Stalking; early termination of rental agreements, penalty.

Patron: Lopez

Stalking; early termination of rental agreements; penalty. Provides that the conduct necessary to sustain a conviction for stalking includes conduct by any action, method, device, or means. The bill also provides that a tenant who is a victim of stalking may terminate the tenant's rental agreement if the tenant has obtained a protective order or the perpetrator of the crime has been convicted.

A BILL to amend and reenact §§ 18.2-60.3 and 55-225.16 of the Code of Virginia, relating to stalking; early termination of rental agreements; penalty.

15101420D

H.B. 1927 Criminal cases; venue for prosecution.

Patron: Bell, Robert B.

Venue in criminal cases. Provides that if it cannot readily be determined where a crime was committed in the Commonwealth, venue for the prosecution of the crime may be had in any county or city (i) in which the defendant resides, (ii) in which the defendant is apprehended if he is a nonresident, or (iii) to which the defendant is extradited if he is a nonresident and is apprehended outside of the Commonwealth. The bill also provides that venue for offenses related to a homicide offense may be had in the same county or city as venue for the homicide offense. The bill further provides that venue for homicide offenses may be had in any county or city where any part of the victim's body is found.

A BILL to amend and reenact §§ 19.2-244 and 19.2-247 of the Code of Virginia, relating to venue in criminal cases.

15103490D

H.B. 1943 Custodial interrogations; audiovisual recording by law enforcement.

Patron: McClellan

Recording custodial interrogations. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that the failure to make such a recording does not affect the admissibility of statements made during the custodial interrogation, but the court shall consider or shall instruct the jury to consider such failure in determining the weight given to such evidence. The bill also requires the Department of Criminal Justice Services to establish, publish, and disseminate a model policy or guideline for law-enforcement personnel for the recording of custodial interrogations.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-390.03, relating to recording custodial interrogations.

15103494D

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

Patron: McClellan

Administrative subpoenas; electronic communication services; sealing of subpoena. Amends 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 legitimate law-enforcement investigation of certain pornography, abduction, and prostitution crimes to state that such subpoena shall be sealed if the attorney for the Commonwealth makes written certification that the disclosure of the existence of the subpoena will have an adverse result. The bill defines "adverse result."

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.

15102301D

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. 1972 Presentence reports; costs of alternative sanctions.

Patron: Preston

Presentence reports; costs of alternative sanctions. Requires that any presentence report prepared as part of any presentence investigation conducted after a defendant has been convicted of a felony shall include an estimate of the operating costs associated with the imprisonment of the defendant in a state adult correctional facility as well as any alternative sanctions available to the sentencing court. The bill also requires the Virginia Criminal Sentencing Commission to include in its database of information regarding sentencing practices in felony cases the estimated operating cost of every sentence imposed by each circuit court judge.

A BILL to amend and reenact §§ 17.1-803 and 19.2-299 of the Code of Virginia, relating to presentence reports; costs of alternative sanctions.

15102273D

H.B. 1974 Police and court records; expungement in district court.

Patron: Preston

Expungement of police and court records in district court. Provides that if a person is charged with a misdemeanor criminal offense and is acquitted, or if the charge is dismissed with prejudice, he may immediately, upon the acquittal or dismissal, orally request expungement of the police and court records relating to the charge. The person shall be assessed $100 in court costs and that the court shall order the expungement, or deny it, on the same grounds as apply in a circuit court.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-392.2:1, relating to expungement of police and court records in district court.

15102276D

H.B. 1975 Grand larceny; threshold.

Patron: Preston

Grand larceny; threshold. Increases from $200 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes.

A BILL to amend and reenact §§ 18.2-23, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia, relating to grand larceny and certain property crimes; threshold.

15102279D

H.B. 1991 Forfeiture of property used in connection with the commission of crimes; conviction required.

Patron: Morrissey

Forfeiture of property used in connection with the commission of crimes; conviction required; owner retains possession. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been convicted of the crime and has exhausted all appeals. The bill also provides that no property shall be seized until after a final judgment of conviction has been entered and all appeals have been exhausted.

A BILL to amend and reenact §§ 19.2-386.1, 19.2-386.2, 19.2-386.3, 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; owner retains possession.

15102050D

H.B. 1996 Grand larceny; threshold.

Patron: Morrissey

Grand larceny; threshold. Increases from $200 to $1500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes.

A BILL to amend and reenact §§ 18.2-23, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia, relating to grand larceny and certain property crimes; threshold.

15103343D

H.B. 2049 Preliminary hearing; certification of ancillary misdemeanor offenses.

Patron: Bell, Robert B.

Preliminary hearing; certification of ancillary misdemeanor offenses. Provides that if, pursuant to a preliminary hearing, a district court certifies felony offenses to be tried in a circuit court, the court shall also certify any ancillary misdemeanor offense for trial in circuit court if the accused and the attorney for the Commonwealth consent to such certification.

A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 19.2 a section numbered 19.2-190.1, relating to preliminary hearing; certification of ancillary misdemeanor offenses.

15101632D

H.B. 2154 Writ of actual innocence; type of plea required for issuance.

Patron: Herring

Plea required for issuance of a writ of actual innocence. Provides that a convicted person may petition for a writ of actual innocence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on nonbiological evidence if he entered a plea of not guilty; a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life.

A BILL to amend and reenact §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11 of the Code of Virginia, relating to the type of plea required for issuance of a writ of actual innocence.

15101061D

H.B. 2166 Reporting of medical aid or treatment for drug overdoses.

Patron: Pillion

Reporting of medical aid or treatment for drug overdoses. Requires a physician or other person who renders any medical aid or treatment to any person for an overdose that he knows or has reason to believe is an overdose of a controlled substance classified in Schedule I or II of the Drug Control Act to report such aid or treatment and the patient's name and address, if known, to local law enforcement.

A BILL to amend and reenact § 54.1-2967 of the Code of Virginia, relating to reporting of medical aid or treatment for drug overdoses.

15100494D

H.B. 2260 DUI; persons convicted under federal law; restricted license.

Patron: Lindsey

DUI; persons convicted under federal law; restricted license. Provides that a person convicted in a federal court of an offense substantially similar to Virginia's DUI law may petition the general district court that he be assigned to a certified alcohol safety program and issued a restricted driver's license. Currently, only persons convicted in other states of substantially similar DUI offenses may so petition.

A BILL to amend and reenact § 18.2-271.1 of the Code of Virginia, relating to DUI; persons convicted under federal law; restricted license.

15100813D

H.B. 2261 Electronic transmission of sexually explicit images by minors; penalty.

Patron: Lindsey

Electronic transmission of sexually explicit images by minors; penalty. Provides that a minor who knowingly transmits, distributes, publishes, or disseminates an electronically transmitted communication containing a sexually explicit image of himself to another minor, except for images that depict excretory functions or products thereof, sadomasochistic abuse, or crimes against nature as defined in § 18.2-361, is guilty of a Class 2 misdemeanor. The bill also provides that a minor who knowingly possesses no more than 10 sexually explicit images of himself or another minor, except for images that depict excretory functions or products thereof, sadomasochistic abuse, or crimes against nature, is guilty of a Class 2 misdemeanor. A minor who commits a violation shall be ordered to participate in programs, cooperate in treatment, or be subject to conditions and limitations designed for rehabilitating the minor and to perform a mandatory minimum of 20 hours of community service. A minor who commits a first offense may have the charge deferred and dismissed.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-374.2:1, relating to electronic transmission of sexually explicit images by minors; penalty.

15100770D

H.B. 2286 Possession or transportation of firearms, firearms ammunition, stun weapons, explosives.

Patron: Webert

Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.

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