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2016 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Maribeth Lacy
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 20, 2016
Time and Place: Wednesday, 15 minutes after adj., Senate Room B

S.B. 23 Grand larceny and certain property crimes; increases threshold amount of money taken, etc.

Patron: Reeves

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, 18.2-80, 18.2-81, 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, 18.2-162, 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.

16100299D

S.B. 26 Problem-Solving Docket Act; established, report.

Patron: Reeves

Problem-Solving Dockets; established. Establishes, by the Problem-Solving Docket Act (the Act), 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 reentry. The bill establishes a state problem-solving docket advisory committee and requires localities intending to establish such dockets to establish local problem-solving docket advisory committees. The bill gives the Supreme Court of Virginia administrative oversight of 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 Docket Act.

16100297D

S.B. 48 Concealed handgun; person may carry concealed without permit if otherwise eligible to obtain permit.

Patron: Black

Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

A BILL to amend and reenact § 18.2-308, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to carrying a concealed handgun; permit not required.

16101905D

S.B. 95 Use of firearm in commission of crime; civil liability.

Patron: Marsden

Use of firearm in commission of crime; civil liability. Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to adequately secure the firearm from theft or unauthorized possession.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.8, relating to civil liability for negligent gun storage.

16103093D

S.B. 175 Concealed handgun permits; sharing of information.

Patron: Stuart

Concealed handgun permits; sharing of information. Provides that information on concealed handgun permittees in the Virginia Criminal Information Network shall not be shared with law enforcement in states that do not have reciprocity agreements with Virginia for the carrying of concealed handguns.

A BILL to amend and reenact § 18.2-308.07 of the Code of Virginia, relating to concealed handgun permits; access to Virginia Criminal Information Network.

16100885D

S.B. 177 Grand larceny; increases threshold amount of money taken to $1000, etc.

Patron: Surovell

Grand larceny; threshold. Increases from $200 to $1,000 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, 18.2-80, 18.2-81, 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, 18.2-162, 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.

16100135D

S.B. 185 Firearms, loaded; prohibits carrying certain firearms in public places, exception.

Patron: Marsden

Public places; loaded firearms. Prohibits the carrying of certain loaded firearms in public places. Concealed handgun permit holders, law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, persons hunting, and persons at shooting ranges are exempt. The bill narrows the definition of a firearm and makes the prohibition, which previously applied only to certain localities, apply statewide.

A BILL to amend and reenact § 18.2-287.4 of the Code of Virginia, relating to prohibition on carrying loaded firearms in public areas; penalty.

16103083D

S.B. 186 Concealed handgun permits; proof of competence, training courses.

Patron: Marsden

Concealed handgun permits; proof of competence. Makes various changes to the types of training courses permitted to satisfy the requirement to demonstrate competence with a handgun in order to obtain a concealed handgun permit, including (i) requiring that a National Rifle Association (NRA) or Department of Criminal Justice Services (DCJS) training course focus on the use and handling of a concealed handgun; (ii) requiring that a law-enforcement officer qualify to carry a handgun rather than a firearm in the course of normal police duties; and (iii) requiring that online NRA or DCJS training courses be synchronous. The bill eliminates as proof of demonstrated competence with a handgun (a) completing a hunter education or safety course; (b) completing a law-enforcement firearms safety or training course offered to security guards, investigators, special deputies, or any other division of law enforcement or security enforcement; and (c) having previously held a concealed handgun permit. The bill also provides that any proof of demonstrated competence with a handgun shall expire five years from the date of completion of such course or class.

A BILL to amend and reenact §§ 18.2-308.02 and 18.2-308.06 of the Code of Virginia, relating to concealed handgun permits; proof of competence.

16103063D

S.B. 187 Transfer of firearms; permit required.

Patron: Marsden

Transfer of firearms; permit required. Requires the Department of State Police to establish procedures for issuing firearms transfer permits and provides that a person, other than a licensed dealer, who willfully and intentionally transfers a firearm to a person without a permit is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.2:5, 18.2-308.2:6, and 18.2-308.2:7, relating to firearms transfer permits; penalties.

16103058D

S.B. 198 Concealed weapons; adds any employee with internal investigations authority designated by DOC.

Patron: Lucas

Carrying concealed weapons; exceptions. Adds any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10 retired from the Department of Corrections to listed individuals who may carry a concealed handgun, provided that he carries written proof of the need to carry.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to carrying concealed weapon; exception.

16100642D

S.B. 199 Transfer of firearms; criminal history record information check, penalties.

Patron: Lucas

Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.

A BILL to amend and reenact §§ 54.1-4200 and 54.1-4201.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.2:5 and 54.1-4201.2, relating to firearm sales; criminal history record information checks; penalties.

16101940D

S.B. 217 Firearm or pneumatic gun; allowing access by children age six or younger, penalty.

Patron: Marsden

Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age six or younger to use a firearm or pneumatic gun.

A BILL to amend and reenact § 18.2-56.2 of the Code of Virginia, relating to allowing access to firearms by children; penalty.

16103048D

S.B. 220 Firearm transfers; penalties.

Patron: McEachin

Firearm transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer. The bill exempts certain transfers, such as between immediate family members, by operation of law, and when the transfer is temporary and is necessary to prevent imminent death or great bodily harm or occurs while in the continuous presence of the owner of the firearm.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.

16101955D

S.B. 226 Grand larceny and certain property crimes; increases threshold amount of money taken, etc.

Patron: Lucas

Larceny and property crimes; 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, 18.2-80, 18.2-81, 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, 18.2-162, 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.

16102037D

S.B. 235 Larceny and property crimes; threshold.

Patron: Petersen

Larceny and property crimes; 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, 18.2-80, 18.2-81, 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, 18.2-162, 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.

16101127D

S.B. 300 Firearms, loaded; carrying in public while under influence.

Patron: Ebbin

Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises.

A BILL to amend and reenact §§ 18.2-308, as it is currently effective and as it shall become effective, and 18.2-308.09 of the Code of Virginia; to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5; and to repeal § 18.2-308.012 of the Code of Virginia, relating to carrying loaded firearms in public while under the influence and consuming alcohol while carrying a loaded firearm; penalties.

16100802D

S.B. 301 Transfer of firearms; criminal history record information check; penalties.

Patron: Ebbin

Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.

A BILL to amend and reenact §§ 54.1-4200 and 54.1-4201.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.2:5 and 54.1-4201.2, relating to firearm sales; criminal history record information checks; penalties.

16100804D

S.B. 302 Firearms; access by children; penalty.

Patron: Ebbin

Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.

A BILL to amend and reenact § 18.2-56.2 of the Code of Virginia, relating to allowing access to firearms by children; penalty.

16100713D

S.B. 310 Grand larceny; increases threshold amount of money taken to $1500, etc.

Patron: McEachin

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, 18.2-80, 18.2-81, 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, 18.2-162, 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.

16103830D

S.B. 317 Veterans Docket Act; established, report.

Patron: Alexander

Veterans Dockets; established. Establishes, by the Veterans Docket Act (the Act), 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. The bill establishes a state veterans docket advisory committee and requires localities intending to establish such dockets to establish local veterans docket advisory committees. The bill gives the Supreme Court of Virginia administrative oversight of 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 Veterans Docket Act.

16101974D

S.B. 380 Behavioral Health Docket Act; established, report.

Patron: Vogel

Behavioral Health Dockets; established. Establishes, by the Behavioral Health Docket Act (the Act), behavioral health 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 mental illness and co-occurring substance abuse issues. The bill establishes a state behavioral health docket advisory committee and requires localities intending to establish such dockets to establish local behavioral health docket advisory committees. The bill gives the Supreme Court of Virginia administrative oversight of the implementation of the Act. The Act is modeled on the Drug Treatment Court Act (§ 18.2-254.1).

A BILL to amend the Code of Virginia by adding a section numbered 18.2-254.2, relating to the Behavioral Health Docket Act.

16103760D

S.B. 411 Firearms; removal from persons posing substantial risk; penalties.

Patron: Barker

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms or who are the subject of an order to retain firearms are disqualified from having a concealed handgun permit or purchasing a firearm from a licensed dealer and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person whom he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.2 and by adding a section numbered 19.2-387.2, relating to the removal of firearms from persons posing a substantial risk of personal injury to self or others; penalty.

16102465D

S.B. 479 Law-enforcement officers, retired; authority to carry concealed handguns.

Patron: Carrico

Retired law-enforcement officers; concealed handguns. Clarifies provisions relating to the authority of retired law-enforcement officers, special agents of the State Corporation Commission and Virginia Alcoholic Beverage Control Board, members of the enforcement division of the Department of Motor Vehicles, and investigators of the security division of the Virginia Lottery to carry concealed handguns. Such officers, agents, members, and investigators who resigned after 20 years of service to accept a position covered by a retirement system authorized under Title 51.1 of the Code of Virginia fall under the same provisions as retired law-enforcement officers, agents, members, and investigators. Such retired officers, agents, members, and investigators who annually meet the training and qualification standards for active law-enforcement officers are authorized to carry concealed handguns in airports and schools and are deemed to have been issued a concealed handgun permit.

A BILL to amend and reenact §§ 18.2-287.01, 18.2-287.4, 18.2-308, as it is currently effective, 18.2-308.1, and 22.1-277.07 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6.1 of Chapter 7 of Title 18.2 a section numbered 18.2-308.016; and to repeal § 18.2-308, as it shall become effective, of the Code of Virginia, relating to retired law-enforcement officers; concealed handguns.

16103301D

S.B. 520 Concealed handgun permit; demonstration of competence.

Patron: McPike

Concealed handgun permit; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.

A BILL to amend and reenact §§ 18.2-308.02 and 18.2-308.06 of the Code of Virginia, relating to concealed handgun permit; demonstration of competence.

16101822D

S.B. 544 Concealed handgun permit; judges exempt.

Patron: Newman

Concealed handgun permit; judges exempt. Provides that a judge of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit.

A BILL to amend and reenact § 18.2-308, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to concealed handgun permits; exemption; judges.

16102950D

S.B. 608 Confiscation, reporting, and return of firearms by law enforcement.

Patron: Reeves

Confiscation, reporting, and return of firearms by law enforcement. Replaces current requirements that law-enforcement agencies report information regarding confiscated firearms to the Department of State Police with a requirement that information be reported to a firearms tracing system maintained by the U.S. Department of Justice. The bill requires law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution.

A BILL to amend and reenact § 52-25.1 of the Code of Virginia, relating to firearms confiscated by law-enforcement agencies.

16103595D

S.B. 615 Purchase of weapons other than handguns by certain officers.

Patron: Chase

Purchase of weapons other than handguns by certain officers. Allows officers of certain agencies to purchase, at a fair market price and with approval of the agency head, weapons other than handguns that are issued for personal use of an officer so long as the weapon is a type and configuration that can be purchased at a regular hardware or sporting goods store by a private citizen without restrictions other than the instant background check. Current law allows this type of purchase only for the Department of State Police.

A BILL to amend and reenact § 59.1-148.3 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to purchase of weapons other than handguns by certain officers.

16103228D

S.B. 626 Carrying concealed handguns; protective orders.

Patron: Vogel

Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.

A BILL to amend and reenact § 18.2-308.07 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.01:1, relating to carrying concealed handguns; protective orders.

16104069D