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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2016 SESSION
Chairman: Mark D. Obenshain
Clerk: Maribeth Lacy
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 1, 2016
Time and Place: 8:00 AM, Senate Room B
updated to add 291, 306, 376, 380, 456, 457, 628, 644, 721, 730
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: Alexander
Civil immunity; forcible entry of motor vehicle to remove unattended companion animal. Provides civil immunity to any person who forcibly enters a motor vehicle to remove an unattended companion animal that is at risk of serious bodily injury or death, provided that the person has attempted to contact a law-enforcement officer, animal control officer, or other emergency services personnel prior to such entry if feasible under the circumstances. The bill also provides immunity for acts or omissions that result in the loss of the animal by death or escape or any injury caused by the animal where such loss or injury would not have occurred but for the animal's unattended occupancy of the vehicle.
A BILL to amend the Code of Virginia by adding a section numbered 3.2-6504.1, relating to civil immunity; companion animals left unattended in motor vehicles.16100151D
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
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
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
Patron: Wexton
Source of pendente lite support award. Provides that any award or order made by the court pending a suit for divorce, annulment, or separate maintenance shall be paid from the post-separation income of the obligor unless the court, for good cause shown, orders otherwise. The bill also provides that, upon the request of either party, the court may identify the specific source from which the financial obligation imposed is to be paid.
A BILL to amend and reenact § 20-103 of the Code of Virginia, relating to source of pendente lite support award.16101241D
Patron: Wexton
Entry of divorce decrees; maintenance and support of spouses. Provides that a court may still decree as to maintenance and support of a spouse even where a party fails to prove his grounds for divorce.
A BILL to amend and reenact § 20-107.1 of the Code of Virginia, relating to entry of divorce decrees; maintenance and support of spouses.16101397D
Patron: Wexton
Filing fees; motions to modify custody or visitation orders. Provides for a $25 filing fee for any motion filed in the juvenile and domestic relations district court to modify a custody or visitation order.
A BILL to amend and reenact § 16.1-69.48:5 of the Code of Virginia, relating to filing fees; motions to modify custody or visitation orders.16101138D
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: Cosgrove
Expungement of police and court records. Provides that a court that enters a nolle prosequi for a criminal charge shall, upon motion of the person charged, enter an order requiring the expungement of the police and court records relating to the charge. The bill also provides that a person whose charge is expunged because a nolle prosequi is taken or the charge is dismissed because the person arrested or charged was not the person named in the summons, warrant, indictment, or presentment shall not be required to pay any costs associated with the expungement.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records.16102312D
Patron: Petersen
Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.
A BILL to amend and reenact §§ 19.2-386.1, 19.2-386.10, 19.2-386.29, 19.2-386.31, 19.2-386.32, 19.2-386.34, and 19.2-386.35 of the Code of Virginia, relating to forfeiture of property used in connection with the commission of crimes; finding of guilt required.16101412D
Patron: Edwards
Personal injury and wrongful death actions; disclosure of physical address of insured person. Requires an insurance company to disclose the physical address of an alleged tortfeasor upon request of an injured person, personal representative, or attorney in a cause of action for personal injury or wrongful death due to a motor vehicle accident within 30 days of the request.
A BILL to amend and reenact § 8.01-417 of the Code of Virginia, relating to personal injury and wrongful death actions; disclosure of address.16101499D
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
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
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
Patron: Favola
Physical evidence recovery kit. Requires the Department of State Police, all police and sheriff's departments, and every campus police department to submit all physical evidence recovery kits that are in their custody on July 1, 2016, and all physical evidence recovery kits that come into their custody after July 1, 2016, to the Department of Forensic Science for analysis. Forensic evidence that does not meet the standards for retention in a state or national data bank shall be returned to the law-enforcement agency that submitted the physical evidence recovery kit, which shall store such kit whether or not the victim has reported the sexual assault to law enforcement.
A BILL to amend and reenact § 9.1-1301 of the Code of Virginia, relating to evidence in sexual assault investigations; collection and storage of evidence.16101390D
Patron: Favola
Campus police departments; retention of physical evidence recovery kits. Requires campus police departments to retain and store physical evidence recovery kits for a minimum of two years where the victim of the sexual assault elects not to report the sexual assault to law enforcement at the time of the collection of such evidence.
A BILL to amend the Code of Virginia by adding a section numbered 23-234.2, relating to campus police departments; retention of physical evidence recovery kits.16101395D
Patron: Surovell
Petition for child custody or visitation. Provides that issues of child custody or visitation may be included in a single petition in juvenile and domestic relations district court and that such issues may be included in a single petition involving two or more children if such children have the same parents or legal guardians. The bill also provides that if a person, agency, or institution is authorized to inspect the case files relating to any juvenile subject to such a petition, the person, agency, or institution may inspect the entire case file related to the petition. The bill requires that the court records in a case in which a single petition for multiple children has been filed be expunged after the youngest child subject to the petition has reached 19 years of age and five years have elapsed since the last hearing in the case.
A BILL to amend and reenact §§ 16.1-260, 16.1-305, and 16.1-306 of the Code of Virginia, relating to petitions for child custody and visitation.16100137D
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
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
Patron: Lucas
Expungement of police and court records. Provides that a court that enters a nolle prosequi for a criminal charge shall, upon motion of the person charged, enter an order requiring the expungement of the police and court records relating to the charge. The bill also provides that a person whose charge is expunged because a nolle prosequi is taken or the charge is dismissed because the person arrested or charged was not the person named in the summons, warrant, indictment, or presentment shall not be required to pay any costs associated with the expungement.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records.16102034D
Patron: Marsden
Parole; limitation on the application of parole statutes. Provides that a person is entitled to parole who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed prior to the time that the abolition of parole went into effect (January 1, 1995).
A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to limitation on the application of parole statutes.16103117D
Patron: McEachin
New sentencing hearing; abolition of parole. Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed prior to the time that the abolition of parole went into effect (January 1, 1995) is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file a petition for a new sentencing proceeding with the Court of Appeals, which shall direct the circuit court in which the order of conviction was originally entered to empanel a new jury for the purposes of conducting the new sentencing proceeding and notify the appropriate attorney for the Commonwealth. The bill also provides that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 18 of Title 19.2 a section numbered 19.2-310.1:1, relating to new sentencing hearing; abolition of parole.16102222D
Patron: Black
Search warrants; person subject to arrest or who is unlawfully restrained. Authorizes the issuance of a search warrant to search for and seize any person who is subject to arrest or who is unlawfully restrained.
A BILL to amend and reenact §§ 19.2-53, 19.2-54, and 19.2-56 of the Code of Virginia, relating to search warrants; persons subject to warrant or capias for arrest.16100889D
Patron: Black
Physical evidence recovery kit examination; minors. Provides that a minor who is believed to be the victim of a sexual assault shall be deemed an adult for purposes of consenting to a physical evidence recovery kit examination.
A BILL to amend and reenact § 54.1-2970.1 of the Code of Virginia, relating to authority to consent to physical evidence recovery kit examination; minors.16100895D
Patron: Black
Physical evidence recovery kits. Establishes a comprehensive procedure for the collection and analysis of physical evidence recovery kits for victims of sexual assault, including those who elect at the time of the exam not to report a sexual assault to a law-enforcement agency. Kits from victims who elect not to report are known as "anonymous physical evidence recovery kits" and will be stored at the Division of Consolidated Laboratory Services (the Division) for two years, although the Division, the victim, or the law-enforcement agency may elect for the kits to be retained for a longer period of time. If the victim later elects to report the sexual assault, the victim's kit will be released to law enforcement. Health care providers are required to explain these procedures and time frames to victims. Where the victim elects to report the offense to law enforcement at the time of the exam, law enforcement is required to take possession of the victim's kit forthwith upon notification from the health care provider that the kit has been collected and, with limited exceptions, to submit the kit to the Department of Forensic Science for analysis within 60 days. The bill outlines the exceptions to mandatory submission for analysis, time frames, and storage requirements for retention of analyzed samples; expungement of DNA samples obtained but not connected to a crime; and victims' notification rights.
A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 1.2, consisting of sections numbered 19.2-11.5 through 19.2-11.11, relating to the collection, storage, and analysis of physical evidence recovery kits from victims of sexual assault offenses.16102187D
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
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
Patron: Vogel
Search warrants; person subject to arrest or who is unlawfully restrained. Authorizes the issuance of a search warrant to search for and seize any person who is subject to arrest or who is unlawfully restrained.
A BILL to amend and reenact §§ 19.2-53, 19.2-54, and 19.2-56 of the Code of Virginia, relating to search warrants; persons subject to warrant or capias for arrest.16101052D
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
Patron: Carrico
Regional Criminal Justice Training Academy Fund; distribution. Provides that the money collected by the Fund, which consists of felony and misdemeanor fees, is to be distributed to localities that participate in regional criminal justice training academies in proportion to the costs and fines that were collected in that locality. Money received from the Fund is to be used only to provide financial support to the regional criminal justice training academy where the locality is a member.
A BILL to amend and reenact § 9.1-106 of the Code of Virginia, relating to regional criminal justice training academies; fees.16101531D
Patron: Carrico
Asset forfeiture; burden of proof. Changes the Commonwealth's burden of proof to clear and convincing evidence from preponderance of the evidence in proving that the property is subject to forfeiture in civil asset forfeiture cases.
A BILL to amend and reenact § 19.2-386.10 of the Code of Virginia, relating to asset forfeiture; burden of proof.16102622D
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
Patron: Alexander
Battery; public transportation operators; penalty. Provides that the punishment for battery of a person who is the operator of a vehicle operated by a public transportation service who is engaged in the performance of his duties is a Class 1 misdemeanor, including a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to battery; public transportation operators; penalty.16103746D
Patron: Lewis
Protective orders; civil penalty. Assesses a $50 civil penalty upon a protective order respondent for protective orders issued under the Code sections that allow a protective order to be issued for up to two years. The civil penalty shall be paid into the Virginia Sexual and Domestic Violence Victim Fund and used for the creation and maintenance of local domestic violence shelters.
A BILL to amend and reenact §§ 9.1-116.1, 16.1-279.1, and 19.2-152.10 of the Code of Virginia, relating to the Virginia Sexual and Domestic Violence Victim Fund; protective orders, civil penalty.16104256D
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