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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 27, 2016
Time and Place: Wednesday, 15 minutes after adjournment, Senate Room B

S.B. 7 Appointed counsel for parents or guardians; attorneys who qualify as guardian ad litem.

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

S.B. 10 Same-sex marriages; civil unions.

Patron: Ebbin

Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. The prohibition on these relationships contained in Article I, Section 15-A of the Constitution of Virginia is unaffected by this bill.

A BILL to repeal §§ 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.

16100352D

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. 40 Marriage licenses; issuance by State Registrar of Vital Records, conscience clause.

Patron: Carrico

Issuance of marriage licenses; conscience clause; State Registrar of Vital Records. Provides that a clerk or deputy clerk shall not be required to issue a marriage license if such clerk has an objection to the issuance of such license on personal, ethical, moral, or religious grounds. If the clerk or deputy clerk declines to issue a marriage license on such grounds, the parties contemplating marriage may be issued a license by the State Registrar of Vital Records at a local Department of Motor Vehicles office. The bill directs the State Registrar of Vital Records to develop a process with the Commissioner of Motor Vehicles whereby parties contemplating marriage can request and be issued a marriage license at their local Department of Motor Vehicles office.

A BILL to amend and reenact §§ 20-14, 20-15, 20-16, 20-20, 20-21, 20-22, 32.1-252, and 32.1-267 of the Code of Virginia, relating to issuance of marriage licenses; conscience clause; State Registrar of Vital Records.

16101517D

S.B. 49 Protective orders; prohibits person who is subject to order from possessing firearms, penalty.

Patron: Howell

Protective orders; possession of firearms; penalty. Prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.1:4, and 18.2-308.2:3 of the Code of Virginia, relating to protective orders; possession of firearms; penalty.

16100702D

S.B. 63 Clerks of court; money to be deposited into interest-bearing accounts.

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

S.B. 66 Felony homicide; certain drug offenses, accommodation, penalty.

Patron: Wexton

Felony homicide; certain drug offenses; accommodation; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. There is an accommodation provision and an affirmative defense if the person giving or distributing the drugs did so as an accommodation, stayed with the person overdosing, seeks medical help, identifies himself to law enforcement, and cooperates in the criminal investigation. This bill serves to overrule the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014).

A BILL to amend the Code of Virginia by adding a section numbered 18.2-33.1, relating to felony homicide; felony drug offenses; penalty.

16101132D

S.B. 81 Campus sexual assault investigations; Department of Criminal Justice Services to develop curriculum.

Patron: Favola

Campus sexual assault investigations. Requires the Department of Criminal Justice Services, in consultation with the State Council of Higher Education for Virginia, to develop a curriculum on conducting campus sexual assault investigations and to provide training on the curriculum to campus sexual assault investigatory personnel. The curriculum must include information on institutional, state, and federal requirements regarding campus sexual assault investigations.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; powers and duties; campus sexual assault training.

16101393D

S.B. 82 Hate crimes; reporting to State Police.

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

S.B. 86 Sexual abuse of certain children; penalty.

Patron: Garrett

Sexual abuse of certain children; penalty. Raises the penalty for sexual abuse (a defined term) of a child 13 or 14 years old from a Class 1 misdemeanor to a Class 6 felony.

A BILL to amend and reenact § 18.2-67.4:2 of the Code of Virginia, relating to sexual abuse of certain children; penalty.

16100523D

S.B. 87 Circuit court clerks; preservation of land records in paper form.

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

S.B. 90 Discovery rule; statute of limitations.

Patron: Marsden

Discovery rule; statute of limitations. Provides that the period of limitations for filing a cause of action for injury resulting from implanted medical devices, toxic exposure, or prescribed or over-the-counter medications accrues from the time the person knew or should have known of the injury and its causal connection to such device, substance, or medication.

A BILL to amend and reenact § 8.01-249 of the Code of Virginia, relating to the statute of limitations; discovery rule.

16101036D

S.B. 96 Protective orders; possession of firearms; penalty.

Patron: Marsden

Protective orders; possession of firearms; penalty. Prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.1:4, and 18.2-308.2:3 of the Code of Virginia, relating to protective orders; possession of firearms; penalty.

16103094D

S.B. 97 Handguns; establishes limitation on purchases, penalty.

Patron: Marsden

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to purchase of handguns; establish limitation on handgun purchases; penalty.

16103098D

S.B. 111 Punitive damages; raises cap for any action accruing on or after July 1, 2016.

Patron: Petersen

Punitive damages cap. Raises the punitive damages cap from $350,000 to $500,000 for any action accruing on or after July 1, 2016.

A BILL to amend and reenact § 8.01-38.1 of the Code of Virginia, relating to punitive damages cap.

16101414D

S.B. 127 Uniform Powers of Appointment Act; codification of Act.

Patron: Edwards

Uniform Powers of Appointment Act. Codifies the Uniform Powers of Appointment Act, which governs the use of an estate planning tool that permits the owner of property to name a third party and give that person the power to direct the distribution of that property among some class of eligible recipients. The Act is based on the Restatement (Third) of Property: Wills and Other Donative Transfers and was adopted by the Uniform Law Commission in 2013.

A BILL to amend and reenact §§ 64.2-407, 64.2-408, and 64.2-2700 of the Code of Virginia; to amend the Code of Virginia by adding in Article 1 of Chapter 27 of Title 64.2 sections numbered 64.2-2705 and 64.2-2706 and by adding in Chapter 27 of Title 64.2 articles numbered 2 through 6, consisting of sections numbered 64.2-2707 through 64.2-2741; and to repeal §§ 55-25.1, 64.2-406, 64.2-423, and 64.2-2701 through 64.2-2704 of the Code of Virginia, relating to the Uniform Powers of Appointment Act.

16100155D

S.B. 131 Prostitution; affirmative defense.

Patron: Edwards

Prostitution; affirmative defense. Provides an affirmative defense to prostitution if the person was induced by another through the use of force, threat, intimidation, coercion, or deception to engage in prostitution.

A BILL to amend and reenact § 18.2-346 of the Code of Virginia, relating to prostitution; affirmative defense.

16101788D

S.B. 132 Minor; abduction for purpose of prostitution.

Patron: Edwards

Abduction of minor for the purpose of prostitution. Provides that the use of force, intimidation, or deception is not an element of the crime of abducting a minor for the purpose of concubinage or prostitution, a crime punishable as a Class 2 felony. The bill also expands the class of minors who may be the victim of such crime from minors under 16 years of age to all minors, that is, anyone under 18 years of age.

A BILL to amend and reenact § 18.2-48 of the Code of Virginia, relating to abduction of minor for the purpose of prostitution.

16101801D

S.B. 133 Trafficking in persons; civil action.

Patron: Edwards

Trafficking in persons; civil action. Creates a civil cause of action against individuals who engage in prostitution or other prohibited commercial sexual conduct with a minor or who engage in or aid in the conduct of commercial sex trafficking.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.4, relating to trafficking in persons; civil action.

16101806D

S.B. 135 Human trafficking training; DCJS to establish for law-enforcement, etc.

Patron: Edwards

Department of Criminal Justice Services; teacher licensure; human trafficking training. Requires the Department of Criminal Justice Services to establish compulsory training standards for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses and identification of human trafficking offenses. The bill also requires every person seeking initial licensure as a teacher and every person seeking renewal of a license who has not completed such training to complete training in human trafficking recognition, intervention, and prevention in accordance with curriculum guidelines developed by the Board of Education and the Department of Social Services.

A BILL to amend and reenact §§ 9.1-102 and 22.1-298.1 of the Code of Virginia, relating to Department of Criminal Justice Services; teacher licensure; human trafficking training.

16101808D

S.B. 138 Firearms retailers; local regulation, proximity to schools.

Patron: Favola

Firearms retailers; local regulation; proximity to schools. Authorizes any locality to adopt an ordinance regulating or prohibiting anyone from engaging in the business of selling firearms at retail within 1,000 feet of a school.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.6, relating to local regulation of firearms retailers; proximity to schools.

16101542D

S.B. 144 Prostitution; court may defer and dismiss a first-offense charge of solicitation.

Patron: Edwards

Deferred disposition; first offense solicitation of prostitution. Allows a court to defer and dismiss a first-offense charge of solicitation of prostitution punishable as a misdemeanor and place an offender on probation under certain terms and conditions.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-346.2, relating to deferred disposition; first offense solicitation of prostitution.

16102276D

S.B. 145 Marriage license; authorization to designate marriage officiant.

Patron: Edwards

Marriage license; authorization for marriage officiant. Allows the parties to a marriage to designate an officiant, who shall be 18 years of age or older and not a party to the marriage, on their application for a marriage license. The bill provides that a license issued with such designation shall serve as authorization for the named officiant to celebrate the rites of such marriage in the Commonwealth. Under current law, ministers and other persons except for judges need authorization from a judge or clerk to act as marriage officiants.

A BILL to amend and reenact § 20-25 of the Code of Virginia, relating to designation of marriage officiant on license.

16102850D

S.B. 156 Concealed handgun permit; family member who resides with applicant may submit statement to court.

Patron: Favola

Concealed handgun permit; application; disqualification. Adds family members who reside with the applicant for a concealed handgun permit to the persons whose statements that the applicant is likely to use a weapon unlawfully or negligently to endanger others may be submitted to the court. Under current law sheriffs, police chiefs, and the attorney for the Commonwealth may submit such statements. If the court finds an individual disqualified for a concealed handgun permit based on such statements the individual may not reapply for five years and must include with his application documentation as to why he is no longer likely to use a weapon unlawfully or negligently to endanger others.

A BILL to amend and reenact § 18.2-308.09 of the Code of Virginia, relating to disqualifications for a concealed handgun permit; statement to court.

16101399D

S.B. 178 Concealed handgun permits; reciprocity with other states.

Patron: Garrett

Concealed handgun permits; reciprocity. Requires the General Assembly to determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, this function is performed by the Superintendent of State Police in consultation with the Office of the Attorney General. The bill also requires the Superintendent of State Police to enter into agreements for reciprocal recognition with any state that qualifies.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to concealed handgun permits; reciprocity with other states.

16103420D

S.B. 180 Human trafficking; adds number of provisions, report.

Patron: Edwards

Trafficking in persons; penalties. Adds a number of provisions regarding human trafficking. The bill allows a petition for a child in need of services to be substituted for a delinquency petition for certain minors arrested for prostitution, adds the existing felony of receiving money for procuring a person to the rape shield statute, disallows the release of certain victim information, specifies law-enforcement protocol for victims who may not be legally present, requires persons convicted of commercial sex trafficking to pay restitution to the victim, and creates a civil action for trafficked persons. The Secretary of Public Safety and Homeland Security is required to convene an anti-trafficking committee. The bill also adds two Class 3 felonies created by the 2015 Session of the General Assembly involving prostitution/trafficking of minors to the Sex Offender and Crimes Against Minors Registry.

A BILL to amend and reenact §§ 9.1-902, 18.2-67.7, 18.2-346, and 19.2-305.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 8 of Chapter 2 of Title 2.2 a section numbered 2.2-224.2, by adding a section numbered 8.01-42.4, and by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.5, relating to trafficking in persons; penalties.

16101838D

S.B. 181 Augmented estate; elective share of surviving spouse.

Patron: Chafin

Augmented estate; elective share of surviving spouse. Revises provisions of the Code related to the elective share of the surviving spouse of a decedent dying on or after January 1, 2017 to track revisions made to the Uniform Probate Code by the Uniform Law Commission. The bill calculates the elective share of the surviving spouse as a graduated percentage, taking into account both spouses' assets and the length of marriage. Under current law, the surviving spouse is awarded 50% of the estate if there were no children and 33.3% if there were children. The bill also clarifies the process by which the elective share is to be claimed and provides instructions for the valuation of assets to encourage uniformity in the method of calculation of the elective share.

A BILL to amend and reenact §§ 55-41, 55-47.01, 64.2-300, 64.2-311, 64.2-317, 64.2-500, 64.2-502, 64.2-556, 64.2-632, 64.2-1805, and 64.2-2022 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 64.2 an article numbered 1.1, consisting of sections numbered 64.2-308.1 through 64.2-308.17, relating to elective share of surviving spouse.

16101823D

S.B. 184 Firearms magazines, certain; prohibition of sale, transfer, etc., penalties.

Patron: Marsden

Prohibition of sale, transfer, etc., of certain firearms magazines; penalties. Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill redefines "assault firearm" in the Code section that prohibits noncitizens and persons not lawfully admitted for permanent residence from possessing assault firearms and in the Code section that prohibits dealers from transferring an assault firearm to such persons by reducing the number of rounds of ammunition that the magazine will hold from more than 20 to more than 10. Under current law a juvenile adjudicated delinquent of the unlawful use of a firearm loses his driving privileges for two years if the firearm is capable of holding 12 shotgun shells, this bill reduces that number to more than 10.

A BILL to amend and reenact §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:2, 18.2-308.7, and 18.2-308.8 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-309.1, relating to prohibition of sale, transfer, etc., of certain firearms magazines; penalties.

16103089D

S.B. 196 Tax returns; subject to perjury, penalty.

Patron: Lucas

Tax returns; perjury; penalty. Requires every tax return to have a written declaration that it is subscribed to under penalty of perjury and provides that it is perjury (a Class 5 felony) to sign a tax return that contains a material matter that the signer does not believe to be true.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 58.1 a section numbered 58.1-114, relating to tax returns subject to perjury; penalty.

16100743D

S.B. 214 Firearms; Terrorist Screening Database check prior to purchase.

Patron: Favola

Sale of firearms; Terrorist Screening Database. Requires a check of the Terrorist Screening Database prior to purchasing a firearm from a dealer. The State Police will be required to consult with the Terrorist Screening Center to determine if a potential firearms purchaser is in the Database. A person whose name is in the Database will be disqualified from purchasing a firearm. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia relating to the transfer of firearms; Terrorist Screening Database.

16101870D

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. 259 Persons involuntarily admitted or ordered to outpatient treatment; purchase, etc., of ammunition.

Patron: Surovell

Purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty. Provides that it is a Class 1 misdemeanor for a person who has been involuntarily admitted or ordered to outpatient treatment or who has agreed to voluntary admission after being the subject of a temporary detention order to purchase, possess, or transport ammunition for a firearm. Current law only applies to the purchase, possession, or transportation of the firearm itself.

A BILL to amend and reenact §§ 18.2-308.1:3, 37.2-814, and 37.2-819 of the Code of Virginia, relating to purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty.

16100131D

S.B. 260 Concealed handgun permit; disqualifications, residential mental health or substance abuse treatment.

Patron: Surovell

Concealed handgun permits; disqualifications; residential mental health or substance abuse treatment. Provides that a person is disqualified from obtaining a concealed handgun permit if he has received mental health or substance abuse treatment in a residential setting within five years before or after the date of his application for the permit. Currently, such disqualification applies only if the treatment occurred within five years prior to the date of his application for the permit. The bill provides that the State Police, a local law-enforcement agency, or an attorney for the Commonwealth, upon receipt of information that a permit holder is disqualified because of such treatment, shall notify the court that issued the permit. If the court finds that the permit holder is in fact disqualified because of such treatment, the court shall revoke the permit.

A BILL to amend and reenact §§ 18.2-308.09 and 18.2-308.013 of the Code of Virginia, relating to concealed handgun permits; disqualifications; residential mental health or substance abuse treatment.

16100142D

S.B. 263 Firearms; purchase by persons intending to commit act of terrorism, penalty.

Patron: Surovell

Firearms; purchase by persons intending to commit act of terrorism; penalty. Provides that any person who, having the present intention to commit, conspire to commit, or aid and abet in the commission of an act of terrorism, purchases a firearm is guilty of a Class 1 misdemeanor and any person who sells a firearm to a person who has expressed such an intention is guilty of a Class 4 felony. The bill provides that any such person shall also be disqualified from obtaining a concealed handgun permit. The bill further provides that any person who is listed on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation is disqualified from obtaining a concealed handgun permit. A second enactment clause provides that the provisions related to the Terrorist Watchlist will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, and 18.2-308.2:3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to purchase of firearms by persons intending to commit an act of terrorism; prohibition; penalty.

16102419D

S.B. 272 Service substituted; of process, member of party's household.

Patron: Wexton

Substituted service of process; member of party's household. Changes the requirement that substituted service of process be on a member of the party's household instead of a member of the party's family. The requirements that the person upon whom service is made must be found at the party's usual place of abode, not be a temporary sojourner or guest, and be 16 years of age or older remain in effect.

A BILL to amend and reenact § 8.01-296 of the Code of Virginia, relating to substituted service of process; member of party's household.

16101129D

S.B. 285 Bail appeal; presumption against bail.

Patron: McEachin

Bail appeal; presumption against bail. Requires the court to stay the imposition of its order granting bail in cases where there was a presumption against bail if the court receives notice that the Commonwealth is going to appeal the court's decision. The stay is limited to seven business days but can be waived if the defendant requests a hearing outside the seven business days.

A BILL to amend and reenact § 19.2-124 of the Code of Virginia, relating to appeal from bail.

16101987D

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. 306 Marriage license; authorization for marriage officiant.

Patron: Ebbin

Marriage license; authorization for marriage officiant. Allows the parties to a marriage to designate an officiant, who shall be 18 years of age or older and not a party to the marriage, on their application for a marriage license. The bill provides that a license issued with such designation shall serve as authorization for the named officiant to celebrate the rites of such marriage in the Commonwealth. Under current law, ministers and other persons except for judges need authorization from a judge or clerk to act as marriage officiants.

A BILL to amend and reenact § 20-25 of the Code of Virginia, relating to designation of marriage officiant on license.

16102412D

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. 323 Firearms; possession or transportation when served with a protective order, penalty.

Patron: Favola

Possession or transportation of firearms; protective orders; penalty. Creates a Class 1 misdemeanor for (i) the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member or (ii) the transport of a firearm by such person while the order is in effect. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order.

A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to transportation and possession of firearms; persons subject to certain emergency protective orders; penalty.

16103476D

S.B. 342 Criminal defendants; orders for competency and sanity evaluations and hospitalization.

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

S.B. 357 Court clerks; inclusion to obstruction of justice statute.

Patron: Lewis

Obstruction of justice; court clerks. Adds court clerks to the obstruction of justice statute.

A BILL to amend and reenact § 18.2-460 of the Code of Virginia, relating to obstruction of justice; inclusion of court clerks; penalty.

16102927D

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. 396 Resisting arrest; penalty.

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

S.B. 409 Harassment by computer; impersonating another, penalty.

Patron: Barker

Harassment by computer; impersonating another; penalty. Provides that a person who uses a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, make an obscene proposal, or threaten an illegal or immoral act with the intent to defraud any person is guilty of harassment by computer, a Class 1 misdemeanor. Under current law, in order to be guilty of harassment by computer, a person must have the intent to coerce, intimidate, or harass any person. The bill also provides that it is a Class 6 felony to commit harassment by computer if the person has assumed the identity of another living individual.

A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to harassment by computer; impersonating another; penalty.

16102450D

S.B. 415 Legal age for marriage; 18 years of age.

Patron: Vogel

Legal age for marriage; 18 years of age. Provides that both parties to a marriage must be 18 years of age or older or emancipated at the time of solemnization by removing exceptions that allow marriage at a minimum age of 16 with the consent of the parent or guardian or younger than 16 in the case of pregnancy and with the consent of the parent or guardian and provides that marriages entered into in violation of this law are voidable. The bill provides a process by which a minor may register a foreign emancipation order in the Commonwealth. The bill also allows a party who was under the age of 18 at the time of the marriage to petition the court for affirmation of the marriage once he has reached the age of 18.

The bill further provides that a person who (i) marries a person under the age of 18 or causes a person under the age of 18 to be married or (ii) knowingly removes or causes the removal of a person under the age of 18 from the Commonwealth for the purposes of marriage shall be confined for up to six months in jail or fined up to $500. There is an affirmative defense to prosecution that the person being prosecuted was under the age of 18 at the time of the marriage or compelled by force, threat, persuasion, menace, or duress to marry against his will.

A BILL to amend and reenact §§ 20-45.1, 20-48, 20-89.1, and 20-90 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 16.1-331.1 and 20-40.1; and to repeal § 20-49 of the Code of Virginia, relating to legal age for marriage; penalty.

16101106D

S.B. 419 Operation of a child welfare agency without a license; negligence resulting in death or injury.

Patron: Vogel

Operation of a child welfare agency without a license; negligence resulting in death of or injury to a child; penalty. Provides that in any case in which a person operates or engages in the conduct of a child welfare agency without first obtaining a license, and a child under the care or supervision of such child welfare agency suffers death or serious bodily injury as a result of the child care provider's negligent operation of such child welfare agency, such person is guilty of a Class 4 felony.

A BILL to amend and reenact § 63.2-1712 of the Code of Virginia, relating to operation of a child welfare agency without a license; penalty for negligence resulting in death of or injury to a child.

16101836D

S.B. 430 Firearms; Terrorist Screening Database check prior to purchase.

Patron: Saslaw

Sale of firearms; Terrorist Screening Database. Requires a check of the Terrorist Screening Database prior to purchasing a firearm from a dealer. The State Police will be required to consult with the Terrorist Screening Center to determine if a potential firearms purchaser is in the Database. A person whose name is in the Database will be disqualified from purchasing a firearm. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia relating to the transfer of firearms; Terrorist Screening Database.

16103243D

S.B. 507 Judicial creation of trusts.

Patron: Sturtevant

Judicial creation of trusts. Clarifies that a circuit court may establish a trust upon petition of an interested party.

A BILL to amend and reenact § 64.2-719 of the Code of Virginia, relating to judicial creation of trusts.

16101835D

S.B. 511 Battery; against school employees, penalty (Lindsay's Law).

Patron: Sturtevant

Battery; school employees; penalty (Lindsay's Law). Increases the penalty for battery against a public or private school employee engaged in the performance of his duties from a Class 1 misdemeanor with a 15-day jail sentence, two days of which are a mandatory minimum term of confinement, to a Class 6 felony with a six-month mandatory minimum sentence and adds preschool employees to the employees covered by this provision.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to battery of school employees; penalty.

16103872D

S.B. 546 Possession or transportation of firearms following convictions for certain misdemeanor crimes.

Patron: Favola

Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; penalty. Prohibits a person who has been convicted of misdemeanor sexual battery or assault and battery where the victim is a family or household member from purchasing, possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.2:3, and 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to possession and transport of firearms following certain convictions; penalties.

16103693D

S.B. 605 Reckless driving causing death or injury of certain persons; penalties.

Patron: Edwards

Reckless driving causing death or injury of certain persons; penalties. Punishes reckless driving or a violation of the "move-over" law that causes death or permanent and significant physical impairment by striking a law-enforcement officer, emergency medical services personnel, highway worker, firefighter, or a DMV size and weight compliance agent who was not in a vehicle and on a public roadway or work zone engaged in his duties as a Class 5 felony with a $2,500 mandatory minimum fine. The bill further requires the court to suspend the offender's driver's license for one year. In addition, the court may impose a civil penalty of up to $10,000 and the proceeds shall be deposited into the general fund.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-867.1, relating to reckless driving resulting in death or injury to certain persons; penalties.

16103490D

S.B. 606 Mediation; fees.

Patron: Reeves

Mediation; fees. Increases from $100 to $120 the fee paid to mediators appointed in custody, support, or visitation cases. The bill provides that, where a referral includes both custody or visitation and child or spousal support, the referral is considered to be two separate appointments.

A BILL to amend and reenact § 20-124.4 of the Code of Virginia, relating to mediation; fees.

16103513D

S.B. 610 Recognition of out-of-state concealed handgun permits.

Patrons: Reeves, Vogel

Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to recognition of out-of-state concealed handgun permits.

16103528D

S.B. 616 Out-of-state concealed handgun permits; photo identification.

Patron: Chase

Out-of-state concealed handgun permits; photo identification. Removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present his permit or license and such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to out-of-state concealed handgun permits; photo identification.

16103437D

S.B. 628 Threats of death or bodily injury; penalty.

Patron: Locke

Threats of death or bodily injury; penalty. Removes the requirement that a threat of death or bodily injury be communicated in a writing for the offense of threatening to kill or do bodily injury to a person or any member of his family or for the enhanced penalty for threatening to kill or do bodily harm at a school, on a school bus, or at a school-sponsored event.

A BILL to amend and reenact § 18.2-60 of the Code of Virginia, relating to threats of death or bodily injury; penalty.

16103454D

S.B. 654 Domestic violence-related misdemeanors; enhanced penalty.

Patron: Vogel

Domestic violence-related misdemeanors; enhanced penalty. Punishes a misdemeanor offense of violating a protective order, assault and battery against a family or household member, or stalking as a Class 6 felony if the person charged had been previously convicted of any of these offenses, however punished, or assault or bodily wounding within the preceding 20 years if the victim of the prior and the instant offenses was the same.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 4 of Title 18.2 a section numbered 18.2-60.6, relating to domestic violence-related misdemeanors; enhanced penalty.

16104180D

S.B. 655 Protective orders; assault and battery; penalty.

Patron: Vogel

Protective orders; assault and battery; penalty. Provides that a person who is the subject of a protective order who commits an assault and battery resulting in bodily injury on the person protected by the order is guilty of a Class 6 felony. Currently, the assault and battery must result in serious bodily injury in order for the offense to be punishable as a Class 6 felony.

A BILL to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to protective orders; assault and battery; penalty.

16104181D

S.B. 656 Victims of domestic violence, etc.; firearms safety or training course.

Patron: Vogel

Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.

A BILL to amend and reenact §§ 9.1-102, 9.1-116.1, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10 of the Code of Virginia, relating to victims of domestic violence, etc.; firearms safety or training course.

16104223D

S.B. 677 Concealed handgun permits; fees.

Patron: Chase

Fees for concealed handgun permits. Makes the $10 fee that the clerk of court is now required to charge for processing a concealed handgun permit application or issuing a concealed handgun permit discretionary with the clerk.

A BILL to amend and reenact § 18.2-308.03 of the Code of Virginia, relating to fees for concealed handgun permits.

16103871D

S.B. 694 Firearm, crossbow or bow and arrow; shooting in or across road or street, penalty.

Patron: Marsden

Shooting in or across road or in street.

A BILL to amend and reenact § 18.2-286 of the Code of Virginia, relating to shooting in or across road or in street.

16104632D

S.B. 699 Concealed handgun permits, out-of-state; government-issued photo id., reciprocal agreements.

Patron: Carrico

Out-of-state concealed handgun permits; photo identification; reciprocal agreements. Removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present his permit or license and such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia.  The bill also requires the Superintendent of State Police to enter into agreements for reciprocal recognition with any state that requires such an agreement in order to establish reciprocity for residents of the Commonwealth to carry concealed handguns in that state.

 

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to out-of-state concealed handgun permits; photo identification; reciprocity agreements.

16103493D

S.B. 713 Concealed Carry Reciprocity Advisory Commission; established, report.

Patron: Hanger

Concealed Carry Reciprocity Advisory Commission. Establishes the Concealed Carry Reciprocity Advisory Commission (the Commission) as a legislative commission. The Commission will review the laws of other states to determine whether the Commonwealth should recognize concealed handgun or concealed weapon permits in other states and will approve the entering into and rescinding of reciprocity agreements with other states. The bill provides that until December 31, 2016, the Superintendent of State Police shall recognize any valid concealed handgun or concealed weapon permit or license issued by another state where such state's permit or license was, as of December 31, 2015, recognized by the Superintendent of State Police as authorizing the holder of such permit or license to carry a concealed handgun in the Commonwealth.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.014:1, relating to establishing the Concealed Carry Reciprocity Advisory Commission.

16104347D

S.B. 715 Firearms shows; voluntary background checks by Department of State Police, penalties.

Patron: Edwards

Firearms shows; voluntary background checks; penalties.
Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if requested by a party involved in a transaction. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-4201.2, relating to firearms shows; voluntary background checks; penalties.

16104610D

S.B. 716 Firearm transfers; penalties.

Patron: Edwards

Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer.  The bill exempts transfers to family members, personal friends, by inheritance, by operation of law, or for a temporary purpose.

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

16104607D

S.B. 730 Driving while texting; manslaughter; maiming; penalties.

Patron: Stuart

Driving while texting; manslaughter; maiming; penalties. Provides that a person who as a result of driving while in violation of § 46.2-1078.1, which prohibits the use of handheld devices in certain vehicles, unintentionally causes the death of another person is guilty of involuntary manslaughter, or aggravated involuntary manslaughter if the defendant's conduct was so gross, wanton, and culpable as to show a reckless disregard for human life. The bill establishes the penalty for aggravated involuntary manslaughter as one to 20 years' imprisonment with a mandatory minimum of one year imprisonment. The bill creates a Class 6 felony if the driving while in violation of § 46.2-1078.1 is so gross, wanton, and culpable as to show a reckless disregard for human life and results in the unintentional serious bodily injury of another resulting in permanent and significant physical impairment. The bill also adds the new crimes as crimes eligible for compensation under the Criminal Injuries Compensation Fund.

A BILL to amend and reenact § 19.2-368.2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-36.3 and 18.2-51.7, relating to driving while texting, etc.; penalties.

16103315D

S.B. 755 Violations of protective orders; penalty.

Patron: Stuart

Violations of protective orders; penalty. Provides that any person who commits any assault or bodily wounding upon or stalks any party protected by a protective order is guilty of a Class 6 felony. Currently, the Class 6 felony is only applicable if the person commits an assault and battery that results in serious bodily injury to the protected party.

A BILL to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to violations of protective orders; penalty.

16104240D

S.B. 764 Recognition of out-of-state concealed handgun permits.

Patron: Suetterlein

Recognition of out-of-state concealed handgun permits. Provides that the holder of an out-of-state concealed handgun permit who is at least 21 years of age is authorized to carry a concealed handgun in Virginia if he carries a government-issued photo identification and presents his permit or license and such identification upon demand by a law-enforcement officer. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. The bill also provides that an out-of-state permit issued to a Virginia resident is not valid if the person would not qualify for a Virginia permit.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to recognition of out-of-state concealed handgun permits.

16104411D