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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2016 SESSION
Chairman: Mark D. Obenshain
Clerk: Maribeth Lacy
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 18, 2016
Time and Place: Monday, January 18, 2016 - 8 AM - Senate Room B, GAB
*NEW: Com. to interview Rossie Alston, Jr.VA Supreme Crt. Vacancy
Patron: Lucas
Public guardian or conservator acting as trustee for trust of incapacitated person. Excepts from the definition of "trust business" the holding of assets as a trustee of a trust if the trustee (i) is a designee under the Virginia Public Guardian and Public Conservator Program of the Department for Aging and Rehabilitative Services and (ii) has been ordered by a court to serve as a guardian or conservator for an incapacitated person whom the trust primarily benefits. Under current law, engaging in trust business is generally prohibited unless specifically authorized by law.
A BILL to amend and reenact § 6.2-1000 of the Code of Virginia, relating to public guardian or conservator acting as trustee for trust of incapacitated person.16100243D
Patron: Stanley
Appointed counsel for parents or guardians. Requires court-appointed counsel for a parent or guardian of a child in cases of alleged abuse or neglect or termination of parental rights to be selected from the list of attorneys who qualify as guardians ad litem compiled and maintained by the Judicial Council of Virginia.
A BILL to amend and reenact § 16.1-266.1 of the Code of Virginia, relating to appointed counsel for parents or guardians.16100440D
Patron: Howell
Sex Offender and Crimes Against Minors Registry; prohibited publication of registrant employment information. Prohibits the placement of the name and address of the employer of a Sex Offender and Crimes Against Minors Registry registrant on the Internet registry maintained by the Department of State Police.
A BILL to amend and reenact § 9.1-913 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; publication of registrant's employer information.16100704D
Patron: Reeves
Servicemembers Civil Relief Act; appointment of counsel to represent servicemember. Requires any counsel appointed to represent a defendant pursuant to the Servicemembers Civil Relief Act (SCRA) to exercise due diligence in such representation. The bill also requires the plaintiff in a case in which counsel has been appointed under the SCRA 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 SCRA shall not be selected by 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; appointment of counsel.16100580D
Patron: Carrico
Buying, receiving, or concealing stolen goods. Adds the word "knowingly" to the statute that provides that if a person buys, receives, or aids in concealing stolen goods that he knows are stolen he is guilty of larceny even if the principal offender is not convicted.
A BILL to amend and reenact § 18.2-108 of the Code of Virginia, relating to buying or receiving stolen goods.16101523D
Patron: Howell
Courthouse and courtroom security; assessment. Increases from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse and courtroom security.
A BILL to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment.16101096D
Patron: Howell
Number of district court judges. Increases from seven to eight the number of juvenile and domestic relations district court judges in the 19th Judicial District (Fairfax, Fairfax County) and increases from three to four the number of general district court judges in the 25th Judicial District (Covington, Lexington, Staunton, Buena Vista, Waynesboro, Highland, Augusta, Rockbridge, Bath, Alleghany, Botetourt, and Craig). This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to number of district court judges.16103022D
Patron: Ruff
Clerks of court; money to be deposited into interest-bearing accounts. Requires the bank accounts into which clerks of court deposit money to be interest-bearing.
A BILL to amend and reenact § 17.1-271 of the Code of Virginia, relating to clerks of court; deposits.16101339D
Patron: Wexton
Jury trial; scheduling. Prohibits the first day of a jury trial from being scheduled on a general election day.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 8.01 a section numbered 8.01-336.1, relating to the scheduling of jury trials.16101431D
Patron: Wexton
Lawyers; client accounts. Repeals the provision prohibiting the Supreme Court of Virginia from adopting a disciplinary rule requiring that lawyers deposit client funds in an interest-bearing account on which the interest is required to be paid to any person or entity other than the client.
A BILL to amend and reenact § 54.1-3916 of the Code of Virginia and to repeal § 54.1-3915.1 of the Code of Virginia, relating to lawyers; client accounts.16101432D
Patron: Wexton
Service of process on Sunday. Eliminates the prohibition of service of process on Sunday.
A BILL to repeal § 8.01-289 of the Code of Virginia, relating to service of process on Sunday.16101128D
Patron: Favola
State Police; reporting hate crimes. Includes within the definition of "hate crime" a criminal act committed against a person because of sexual orientation or gender identification and requires the reporting of the commission of such crime to the State Police.
A BILL to amend and reenact § 52-8.5 of the Code of Virginia, relating to reporting hate crimes.16101330D
Patron: Garrett
Circuit court clerks; preservation of land records in paper form. Requires circuit court clerks to preserve in paper form all land records that are in their possession in paper form on July 1, 2016, and all land records filed in paper form on or after July 1, 2016, and to convert to and preserve in paper form all land records filed electronically on or after July 1, 2016.
A BILL to amend and reenact § 17.1-258.3:1 of the Code of Virginia, relating to circuit court clerks; preservation of land records in paper form.16100681D
Patron: Petersen
Commissioners in eminent domain proceedings. Requires commissioners in eminent domain proceedings to be summoned at least 30 days prior to service. Under current law, such summons is required at least one week prior to service.
A BILL to amend and reenact § 25.1-227.2 of the Code of Virginia, relating to commissioners in eminent domain proceedings.16103009D
Patron: Petersen
Temporary injunctions; factors for consideration. Provides that, in assessing whether to award a temporary injunction, a court shall review the following factors: (i) the likelihood of irreparable harm to the party seeking the temporary injunction if the temporary injunction is denied; (ii) the likelihood of harm to the party not seeking the temporary injunction if the temporary injunction is granted; (iii) the likelihood that the party seeking the temporary injunction will succeed on the merits; and (iv) the public interest.
A BILL to amend and reenact § 8.01-628 of the Code of Virginia, relating to temporary injunctions; factors for consideration.16102884D
Patron: Edwards
Mandatory minimum punishments. Repeals the Code section that defines "mandatory minimum" for purposes of imposing punishment upon a person convicted of a crime as the entire term of confinement, the full amount of the fine, and the complete requirement of community service provided by law and that prohibits the court from suspending any part of the punishment.
A BILL to repeal § 18.2-12.1 of the Code of Virginia, relating to mandatory minimum punishment.16101728D
Patron: Edwards
Maximum number of circuit court judges. Increases from five to six the maximum number of circuit court judges in the 23rd Judicial Circuit (Roanoke, Salem, Roanoke County).
A BILL to amend and reenact § 17.1-507 of the Code of Virginia, relating to maximum number of circuit court judges.16103050D
Patron: Edwards
Number of general district court judges; Twenty-Third Judicial District. Increases from four to five the number of general district court judges in the Twenty-Third Judicial District (Roanoke, Salem, Roanoke County).
A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to number of general district court judges; Twenty-third Judicial District.16103054D
Patron: Surovell
Adultery; civil penalty. Reduces the penalty for adultery from a Class 4 misdemeanor to a civil penalty of not more than $250.
A BILL to amend and reenact § 18.2-365 of the Code of Virginia, relating to adultery; civil penalty.16100130D
Patron: Stuart
Real estate settlement agents. Adds to provisions relating to real estate settlement agents a new term, "closing disclosure," defined in the bill as the combined mortgage loan disclosure statement of final loan terms and closing costs prescribed under the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. § 5301 et seq.), Regulation X (12 U.S.C. § 1024 et seq.), and Regulation Z (12 U.S.C. § 1026 et seq.), to comply with changes made by the federal Consumer Financial Protection Bureau to the real estate closing process. The bill also makes the settlement agent's registration fee nonfundable. The bill removes the requirement of the Bureau of Insurance to notify the Virginia State Bar to terminate a settlement agent's registration upon termination of his last appointment because the Bureau and not the Virginia State Bar administers the licensing process.
A BILL to amend and reenact §§ 38.2-1825, 55-525.14, 55-525.16, 55-525.17, 55-525.24, 55-525.25, 55-525.26, and 55-525.30 of the Code of Virginia, relating to real estate settlement agents.16101551D
Patron: Edwards
Purchase of handguns by certain officers. Adds employees of the Department of Corrections with internal investigations authority to the list of retired law-enforcement officers who may purchase their service handguns for $1.00.
A BILL to amend and reenact § 59.1-148.3, as it is currently effective and as it shall become effective, of the Code of Virginia relating to the purchase of handguns by certain officers.16100643D
Patron: Edwards
Virginia Tort Claims Act; notice of claim; electronic filing when notice filed with Department of Transportation. Allows for the electronic filing of tort claims when a filing is made with the Department of Transportation.
A BILL to amend and reenact § 8.01-195.6 of the Code of Virginia, relating to Virginia Tort Claims Act; notice of claim; electronic filing when notice filed with Department of Transportation.16100974D
Patron: Petersen
Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office.
A BILL to amend and reenact § 8.01-299 of the Code of Virginia, relating to substituted service of process on registered agent of domestic corporation.16100877D
Patron: Petersen
Sex offender registry; electronic identification information; registration requirements. Under current law a registered sex offender must reregister within 30 minutes following a change of the offender's electronic mail address information, any instant message, chat, or other Internet communication name or identity information that the person uses or intends to use, whether within or without the Commonwealth. This bill extends the time frame to the next business day after the person learns of the change. The bill also provides that consumer account information, such as usernames and passwords, do not have to be submitted to the Registry.
A BILL to amend and reenact § 9.1-903 of the Code of Virginia, relating to sex offender registration information.16102899D
Patron: Wexton
Defrauding certain businesses; penalty. Provides that failure to pay for services or to obtain credit from a barbershop, body-piercing salon, cosmetology salon, esthetics spa, nail salon, tattoo parlor, waxing salon, or massage therapist with the intent to cheat or defraud the owner or service provider is a Class 1 misdemeanor if the value of the service is less than $200 and a Class 5 felony if the value of the service is $200 or more.
A BILL to amend and reenact § 18.2-188 of the Code of Virginia, relating to defrauding certain businesses; penalty.16101134D
Patron: Lewis
Virginia Residential Property Disclosure Act; required disclosures pertaining to a National Aeronautics and Space Administration airfield. Requires the owner of residential real property located in any locality in which a National Aeronautics and Space Administration airfield is located to disclose to the purchaser whether the subject parcel is located in a noise zone or accident potential zone, or both, if so designated on the official zoning map by the locality in which the property is located.
A BILL to amend and reenact § 55-519.1 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; required disclosures pertaining to a National Aeronautics and Space Administration airfield.16102127D
Patron: Lucas
Line of Duty Act; certain employees of the Department of Corrections. Expands the definition of a deceased person under the Line of Duty Act to include employees of the Department of Corrections with internal investigations authority whose death occurs as a direct or proximate result of the performance of their duty.
A BILL to amend and reenact § 9.1-400 of the Code of Virginia, relating to the Line of Duty Act; certain employees of the Department of Corrections.16100640D
Patron: Reeves
Stalking; penalty. Provides that contacting or following or attempting to contact or follow the person at whom stalking conduct is directed after being given actual notice that the person does not want to be contacted or followed, is prima facie evidence that the person intended to place the other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself or a family or household member. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking; penalty.16102759D
Patron: Lucas
Criminal defendants; orders for competency and sanity evaluations and hospitalization. Requires the clerk of court to provide a copy of the order for an evaluation for sanity, competency to stand trial, and competency restoration to the appointed evaluator or hospital as soon as practicable but no later than the close of business on the next business day following entry of the order. The evaluator or hospital must acknowledge receipt of the order to the clerk on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill also requires the same verification of receipt procedures for an order for psychiatric hospitalization of an inmate from a local correctional facility.
A BILL to amend and reenact §§ 19.2-168.1, 19.2-169.1, 19.2-169.2, 19.2-169.5, and 19.2-169.6 of the Code of Virginia, relating to orders for mental health evaluations and treatment of certain criminal defendants.16103684D
Patron: Deeds
Number of judges; general district court; 25th Judicial District. Adds a fourth judge to the maximum number allowed in the 25th Judicial District, general district court (Alleghany, Augusta, Bath, Botetourt, Buena Vista, Covington, Craig, Highland, Lexington, Rockbridge, Staunton, and Waynesboro). This is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to number of general district court judges in the 25th Judicial District.16100326D
Patron: Deeds
Statute of limitations; sexual crimes against minors. Extends the statute of limitations to one year after the victim reaches 18 years of age for misdemeanor violations of the following crimes: carnal knowledge of offender by employee of bail bond company, sexual battery, infected sexual battery, sexual abuse of a child age 13 or 14 by an adult, attempted sexual battery, and tongue penetration by adult of mouth of child under age 13. Under existing law, there is a one-year statute of limitations on most misdemeanors. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; certain sexual crimes.16102803D
Patron: Vogel
Landlord and tenant law; tenant remedies. Provides that if a landlord unlawfully removes or excludes a tenant from leased premises or causes an interruption of utility services for leased premises, the tenant may obtain an order from general district court to recover the greater of (i) the actual damages sustained by the tenant or (ii) statutory damages in the amount of $500 in addition to a reasonable attorney fee. Under current law, monetary damages are limited to actual damages and a reasonable attorney fee. The bill also provides that the court may terminate the lease where a tenant (a) asserts the existence of a condition or conditions that constitute a material noncompliance by the landlord with the rental agreement and (b) requests termination. Under current law, the courts may decide to terminate the lease without a request for termination by the tenant.
A BILL to amend and reenact §§ 55-225.12, 55-248.26, and 55-248.27 of the Code of Virginia, relating to landlord and tenant law; tenant remedies.16101054D
Patron: Vogel
Private police department; Shenandoah Valley Battlefields Foundation. Allows the Shenandoah Valley Battlefields Foundation to establish a private police department to provide law-enforcement services for the Shenandoah Valley Battlefields National Historic District.
A BILL to allow the Shenandoah Valley Battlefields Foundation to establish a private police department.16101056D
Patron: Surovell
Objections to business records as evidence. Provides that, if a pro se party receives written notice, a copy of the record, and certification from a proponent of a business record and subsequently retains counsel, counsel may file any objections within five days of entering an appearance, so long as counsel enters an appearance at least 15 days before trial or hearing. Where written notice and certification is provided to a pro se defendant, the bill requires additional language to be contained in the written notice advising the pro se party of the purpose of the written notice and certification.
A BILL to amend and reenact § 8.01-390.3 of the Code of Virginia, relating to business records as evidence.16100349D
Patron: DeSteph
Resisting arrest; penalty. Removes the requirement that a person flee in order to be convicted of the Class 1 misdemeanor of resisting arrest and replaces it with failing to submit to the lawful commands of a law-enforcement officer or failing to allow oneself to be physically taken into custody by using either active or passive means to resist.
A BILL to amend and reenact § 18.2-479.1 of the Code of Virginia, relating to resisting arrest.16103685D
Patron: Vogel
Limited Residential Lodging Act; penalty. Establishes the Limited Residential Lodging Act (the Act), which allows property owners to rent out their homes or portions thereof for charge for periods of less than 30 consecutive days or do so through a hosting platform, under certain circumstances. The hosting platform may register with the Department of Taxation, in which case the hosting platform is responsible for the collection and remittance of all applicable taxes on behalf of the property owner. The bill defines "limited residential lodging," "booking transaction," and "hosting platform" and provides for penalties for violations of the Act.
A BILL to amend the Code of Virginia by adding in Title 55 a chapter numbered 13.4, consisting of sections numbered 55-248.53 through 55-248.57, relating to establishing the Limited Residential Lodging Act; penalty.16101163D
Patrons: Howell, Norment
Asset forfeiture. Prohibits a law-enforcement agency from requesting, requiring, or otherwise inducing a person who asserts a lawful right to property seized for the purpose of forfeiture to waive his interest in or rights to the property until an information is filed. The bill allows attorneys for the Commonwealth to electronically notify the Department of Motor Vehicles, in a manner approved by the Commissioner, that a vehicle has been seized. A provision is added allowing a forfeiture proceeding to be stayed if it is also related to a warrant. The Department of Criminal Justice Services will be required to prepare an annual report to the Governor and General Assembly regarding information on all drug and nondrug asset seizures and forfeitures. The report shall be available to the public. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 19.2-386.2, 19.2-386.2:1, 19.2-386.10, 19.2-386.14 of the Code of Virginia, relating to asset forfeiture.16102898D
Patron: Ebbin
Department of Criminal Justice Services; private security registrants; photo identification. Provides that the Department of Criminal Justice Services (the Department) shall design and approve the issuance of photo-identification cards to every person who is issued a private security services registration by the Department. The photo-identification card shall contain the name, registration number, registration category, and photograph of the recipient; the date of expiration; and the name of the issuer in the form "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, 2017.
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 9.1-102.1, relating to the Department of Criminal Justice Services; private security registrants; photo identification.16103924D
Patron: McEachin
Department of Criminal Justice Services; community policing. Revises the powers and duties of the Department of Criminal Justice Services by combining and streamlining duties related to the promotion of community policing by providing training, technical assistance, and consulting services; reviewing community policing programs in the Commonwealth; and serving as a statewide information source.
A BILL to amend and reenact §§ 9.1-102 and 15.2-1627.4 of the Code of Virginia, relating to the Department of Criminal Justice Services; community policing.16100636D