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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: February 3, 2016
Time and Place: Wednesday, 15 minutes after adjournment, Senate Room B
*UPDATED to Add SB 534

S.B. 9 Civil immunity; forcible entry of motor vehicle to remove unattended companion animal.

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

S.B. 22 Police and court records; expungement of certain offenses.

Patron: McDougle

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's 21st birthday and five years have elapsed since the date of completion of all terms of sentencing and probation.

A BILL to amend and reenact §§ 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of certain offenses.

16100587D

S.B. 76 Service of process; common interest communities.

Patron: Wexton

Service of process; common interest communities. Requires an employee of a common interest community to grant entry into the community to a person attempting to execute service on a party who resides within or is known to be within the community.

A BILL to amend and reenact § 8.01-296 of the Code of Virginia, relating to service of process; common interest communities.

16101130D

S.B. 101 Police and court records; expungement of records.

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

S.B. 104 Marijuana; decriminalization of simple possession, reduces penalties for distribution.

Patron: Ebbin

Marijuana; decriminalization of simple marijuana possession. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $100 for a first violation, $250 for a second violation, and $500 for a third or subsequent violation. Under current law there is a maximum fine of $500 and a maximum 30-day jail sentence for a first offense and subsequent offenses are a Class 1 misdemeanor. The bill reduces the criminal penalties for distribution and possession with intent to distribute, etc., of marijuana. The bill creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use and provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill also limits forfeiture of property from sale or distribution of marijuana to quantities of more than one pound; currently there is no minimum amount.

A BILL to amend and reenact §§ 16.1-260, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-252, 18.2-259.1, 18.2-287.2, 18.2-308.1:5, 18.2-308.09, 18.2-460, 19.2-386.22, and 46.2-390.1 of the Code of Virginia, relating to possession and distribution of marijuana; penalty.

16100351D

S.B. 128 Personal injury and wrongful death actions; disclosure of physical address of insured person.

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

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. 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. 170 Nonsuits; tolling of limitations, contractual limitation periods.

Patron: Surovell

Nonsuits; tolling of limitations; contractual limitation periods. Provides that a voluntary nonsuit tolls both a contractual limitation period and a statutorily governed limitation period.

A BILL to amend and reenact § 8.01-229 of the Code of Virginia, relating to nonsuits; tolling of limitations; contractual limitation periods.

16100403D

S.B. 171 Insurance; jury award of attorney fees for bad faith.

Patron: Surovell

Insurance; jury award of attorney fees for bad faith. Provides that in certain civil causes of action involving insurance contracts, either the court or the jury may award attorney fees upon a finding of bad faith. The bill is in response to the Supreme Court of Virginia's decision in REVI, LLC v. Chi. Title Ins. Co., 2015 LEXIS 114, which held that the term "court" meant trial judge and did not include a jury. The bill further provides that it shall not be interpreted to create a presumption that the term "court" as used elsewhere in the Code necessarily excludes a jury.

A BILL to amend and reenact §§ 38.2-209 and 38.2-807 of the Code of Virginia, relating to jury award of attorney fees; bad faith.

16100421D

S.B. 172 Foreign entities; consent to jurisdiction & service of summons for witness or subpoena duces tecum.

Patron: Surovell

Foreign entities; consent to jurisdiction and service of summons for witness or subpoena duces tecum. Provides that registration by a foreign entity with the State Corporation Commission (the Commission) to transact business in the Commonwealth constitutes the foreign entity's consent to the jurisdiction of the courts of the Commonwealth for all actions against the foreign entity. The bill further provides that a court may enforce a summons for witness or a subpoena duces tecum against the registered agent of such foreign entity, regardless of whether the foreign entity is a party to the underlying suit. The bill requires the Commission to notify the registered agents of all foreign entities that have certificates of authority to transact business within the Commonwealth of the provisions regarding consent to jurisdiction prior to the deadline for payment of the foreign entity's annual registration fee. The bill serves to overrule the Supreme Court of Virginia's decision in Yelp, Inc., v. Hadeed Carpet Cleaning, Inc., 770 S.E.2d 440 (2015).

A BILL to amend the Code of Virginia by adding a section numbered 8.01-328.2 and by adding in Article 5 of Chapter 14 of Title 8.01 a section numbered 8.01-410.1, relating to foreign entities; consent to jurisdiction and service of summons for witness or subpoena duces tecum.

16100236D

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. 194 Police and court records; expungement of records.

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

S.B. 237 Virginia Property Owners' Association Act; condemnation of common area, valuation.

Patron: Petersen

Virginia Property Owners' Association Act; condemnation of common area; valuation. Provides that in determining the value of an award or payment for the condemnation of any portion of the common area of a property owners' association, the fact finder must consider all relevant circumstances, including the value of those neighboring properties that hold easements.

A BILL to amend and reenact § 55-516.2 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; condemnation of common area; valuation.

16102890D

S.B. 296 Conservators of the peace, special; criminal history record information check required.

Patron: DeSteph

Special conservators of the peace; criminal history record information check required. Requires that a special conservator of the peace, as part of the background investigation required for appointment or temporary registration as a special conservator of the peace, submit the results of a criminal history record information check. The bill provides that no person who would be prohibited from possessing, transporting, or purchasing a firearm based on the results of the criminal history record information check is eligible for appointment as a special conservator of the peace.

A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; criminal history record information check required.

16102389D

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. 327 Driver's license; marijuana possession.

Patron: Ebbin

Driver's license; marijuana possession. Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.

A BILL to amend and reenact §§ 18.2-251, 18.2-259.1, and 46.2-390.1 of the Code of Virginia, relating to marijuana offenses; driver's license forfeiture.

16101802D

S.B. 343 Cancer; possession or distribution of marijuana for medical purposes.

Patron: Lucas

Possession or distribution of marijuana for medical purposes; cancer. Provides an affirmative defense in a prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by the Board of Medicine for purposes of treating cancer or alleviating such patient's symptoms. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances outlined in the bill.

A BILL to amend and reenact §§ 18.2-250.1 and 54.1-3408.3 of the Code of Virginia, relating to possession or distribution of marijuana for medical purposes; cancer.

16100663D

S.B. 358 Hearsay exception; statements made by children in sexual abuse, etc., cases.

Patron: McDougle

Hearsay; exception; children; abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 in sexual abuse, physical violence, or neglect cases. The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render it inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 14 days in advance of the proceedings.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-268.3, relating to hearsay exceptions regarding the admissibility of statements by children in certain cases.

16102658D

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. 392 Real property; release of lien.

Patron: Surovell

Release of lien against real property. Provides that a judgment creditor may record an instrument releasing the lien of any judgment docketed against one or more parcels of real property, even when satisfaction of the judgment has not been entered by the clerk.

A BILL to amend and reenact § 8.01-453 of the Code of Virginia, relating to release of lien against real property.

16100374D

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. 421 Children; admissibility of statements in sexual offenses.

Patron: Wexton

Hearsay; exception; children; certain sexual related offenses. Establishes a hearsay exception to out-of-court statements made by a child under the age of 10 in certain sexual related offenses, including sexual assault, sex trafficking, and pornography cases. The child must either testify at the proceeding or meet the definition of "unavailable." The court must hold a hearing prior to trial and find that the time, content, and circumstances provide sufficient indicia of reliability. The bill provides factors for the court to consider in making such a determination. Written notice of intent to offer the statement and a summary of the statement must be given to the adverse party at least 14 days in advance of the proceedings.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-268.3, relating to hearsay exceptions regarding the admissibility of statements of children; sexual crimes.

16101427D

S.B. 454 Juvenile court; retained jurisdiction, procedures, penalties.

Patron: Stanley

Juvenile court; retained jurisdiction; procedures; penalties. Specifies procedures to be used for adults who are subject to the retained jurisdiction of the juvenile court for criminal offenses committed as juveniles. The bill requires that a proceeding against such person be commenced by petition and that parents not be notified or involved. The bill specifies dispositional alternatives and a maximum jail sentence. The bill increases the maximum jail sentence to 12 months for each offense, not to exceed a total of 36 months. Under current law, the maximum jail sentence is 12 months for a single offense or multiple offenses. The bill also states that such persons are entitled to good conduct credit. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 16.1-247, 16.1-259, 16.1-262, 16.1-263, 16.1-284, 16.1-291, and 16.1-292 of the Code of Virginia, relating to retained jurisdiction of juvenile court; persons age 18 and older; penalties.

16103927D

S.B. 478 Eminent domain; reimbursement of costs.

Patron: Obenshain

Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in condemnation actions where the amount the owner is awarded at trial as compensation for the taking of or damage to his property is 20 percent or more greater than the amount of the condemnor's initial written offer. Under current law, such costs and fees may be awarded if the amount awarded as compensation at trial is 30 percent or more greater than the petitioner's final offer. The bill removes an exception for meeting the requirements for payment of costs and fees for condemnation actions involving easements valued at less than $10,000.

The bill also replaces the word "petitioner" with "condemnor" in the provision of the Code allowing the court to award costs and fees and allows the court to order the condemnor to pay to the owner reasonable fees and travel costs incurred by the owner for up to three experts, or as many as called by the condemnor, whichever is greater, who testified at trial.

A BILL to amend and reenact § 25.1-245 of the Code of Virginia, relating to eminent domain; reimbursement of costs.

16102425D

S.B. 521 Expungement of certain charges and convictions.

Patron: McPike

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's 21st birthday and five years have elapsed since the date of completion of all terms of sentencing and probation.

A BILL to amend and reenact §§ 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of certain offenses.

16102815D

S.B. 534 Criminal history record information; dissemination, civil actions.

Patron: Surovell

Dissemination of criminal history record information; civil actions. Prohibits a criminal history provider from including criminal history record information in a criminal history report if any material change to the record occurs 60 or more days before the delivery of the record. The bill requires that, where a criminal history provider disseminates, publishes, or maintains criminal history record information he knows or has reason to know has been expunged, is restricted from or not accessible to the public, or is materially inaccurate or incomplete, he shall be liable to the subject of the information for damages, attorney fees, and costs.

A BILL to amend and reenact § 8.01-40.3 of the Code of Virginia, relating to dissemination of criminal history record information; civil actions.

16103475D

S.B. 543 Inverse condemnation proceeding; reimbursement of owner's costs.

Patron: Obenshain

Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013

A BILL to amend and reenact § 25.1-420 of the Code of Virginia, relating to inverse condemnation proceeding; reimbursement of owner's costs.

16102426D

S.B. 566 Involuntary psychiatric admission from local correctional facility.

Patron: Barker

Involuntary psychiatric admission from local correctional facility. Clarifies that for the purposes of petitioning for the involuntary psychiatric treatment of an inmate in a local correctional facility, the petition shall be filed by the sheriff or other officer in charge of the local correctional facility where the inmate is incarcerated.

A BILL to amend and reenact § 19.2-169.6 of the Code of Virginia, relating to involuntary psychiatric admission from local correctional facility.

16103564D

S.B. 567 Temporary detention; notice of recommendation; communication with magistrate.

Patron: Barker

Temporary detention; notice of recommendation; communication with magistrate. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, the recommendations of the person's personal representative and relatives. The bill also requires the community services board evaluating a person for temporary detention, if the evaluation recommends that the person not be subject to temporary detention, (i) to notify the person's personal representative of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to include in such evaluation any contrary recommendations, if available, by the person's personal representative, relatives, or treating or examining physician; and (iii) to arrange for the petitioner to communicate with the magistrate prior to taking action on the petition for temporary detention. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification.

A BILL to amend and reenact §§ 16.1-337, 37.2-804.2, and 37.2-809 of the Code of Virginia, relating to temporary detention; notice of recommendation; communication with magistrate.

16103565D

S.B. 568 Involuntary admission; contents of preadmission screening report; notice of hearing.

Patron: Barker

Involuntary admission; contents of preadmission screening report; notice of hearing. Provides that the community services board that prepares the preadmission screening report admitted into evidence at a person's involuntary admission hearing, if the report recommends that the person is not in need of involuntary treatment, must include in such report any contrary recommendations, if available, by the person's personal representative, relatives, or treating or examining physician. The bill requires further that the judge or special justice conducting the hearing consider, if available, the recommendations of the person's personal representative and relatives. The bill also requires that notice of the hearing be given to the person's personal representative, or if the person has no personal representative and the individual who petitioned for the person's involuntary admission is not a relative of the person, the nearest known relative of the person. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification.

A BILL to amend and reenact §§ 16.1-337, 16.1-340.4, 16.1-345, 16.1-345.2, 37.2-804.2, 37.2-814, 37.2-816, 37.2-817, and 37.2-817.2 of the Code of Virginia, relating to involuntary admission; contents of preadmission screening report; notice of hearing.

16103566D

S.B. 611 Tort claim; notice of claim against the Commonwealth, transportation district, or locality.

Patron: Stanley

Notice of tort claim against the Commonwealth, transportation district, or locality. Provides that the bar to a tort claim against the Commonwealth, a transportation district, or a locality for failure to file a written statement of the nature of the claim within one year after the cause of action accrues does not apply where there was actual knowledge of the claim within one year by the Commonwealth, its agency alleged to be liable, the Division of Risk Management, or any insurer or entity providing coverage or indemnification of the claim, the Attorney General, the transportation district, or the locality, as applicable.

A BILL to amend and reenact §§ 8.01-195.6 and 15.2-209 of the Code of Virginia, relating to notice of tort claim against the Commonwealth, transportation district, or locality.

16103209D

S.B. 613 Driver's license; marijuana possession.

Patron: Garrett

Driver's license; marijuana possession. Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon the Governor's certifying, in accordance with federal law, to the U.S. Secretary of Transportation that the Governor is opposed and that the General Assembly has adopted a resolution stating its opposition to a law requiring a six-month driver's license suspension or revocation upon a person's conviction for a drug offense and written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.

A BILL to amend and reenact §§ 18.2-251, 18.2-259.1, and 46.2-390.1 of the Code of Virginia, relating to marijuana offenses; driver's license forfeiture.

16103414D

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