SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2016 SESSION

  • print version
Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Maribeth Lacy
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 8, 2016
Time and Place: Monday, 8:00 AM, Senate Room B

S.B. 94 Juvenile offenders; sentence modification.

Patron: Marsden

Juvenile offenders; sentence modification. Provides a mechanism for a person convicted of a nonhomicide offense committed on or after January 1, 1995, while the person was a juvenile, and who is sentenced to life or a term of confinement that would be completed after his 60th birthday, to petition for a modification of sentence at age 35 or after serving 20 years of the sentence, whichever occurs later.

A BILL to amend and reenact §§ 17.1-406 and 17.1-410 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-305.5, relating to sentence modification procedure for certain juvenile offenders.

16102263D

S.B. 120 Passing stopped school buses; mailing of summons.

Patron: Carrico

Passing stopped school buses; mailing of summons; rebutting presumption. Provides that a locality that has authorized by ordinance the installation and operation of a video-monitoring system on school buses for recording violations of unlawfully passing a stopped school bus may execute a summons for such violation by mailing a copy of the summons to the owner of a vehicle that unlawfully passed a stopped school bus. The bill also provides a means by which the existing presumption that the registered owner of the vehicle was the vehicle operator at the time of the violation can be rebutted and requires that this information be included with the mailing of the summons. The bill gives the summoned person 30 business days from the mailing of the summons to inspect information collected by a video-monitoring system in connection with the violation.

A BILL to amend and reenact § 46.2-844 of the Code of Virginia, relating to passing stopped school buses; mailing of summons; rebutting presumption.

16101720D

S.B. 125 Punitive damages; persons injured by intoxicated drivers.

Patron: Stanley

Punitive damages for persons injured by intoxicated drivers. Provides that, for the purposes of a punitive damages award in a civil action for personal injury or death arising from the operation of a motor vehicle while intoxicated, in order to have a rebuttable presumption that a defendant's blood alcohol concentration at the time of the incident causing injury or death was at least as high as results of a blood or breath test, such test must have been administered in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12, which lay out the procedures for obtaining blood and breath tests. Under current law, to have the rebuttable presumption, such blood or breath test must have been administered within three hours of the incident causing injury or death.

A BILL to amend and reenact § 8.01-44.5 of the Code of Virginia, relating to punitive damages for persons injured by intoxicated drivers.

16101257D

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. 216 Parole; limitation on the application of parole statutes.

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

S.B. 261 Driving under the influence; private property.

Patron: Surovell

Driving under the influence; private property. Provides that a person cannot be found guilty of driving under the influence if such person is in a motor vehicle that is on private property and such vehicle is not in motion.

A BILL to amend and reenact §§ 18.2-266 and 18.2-266.1 of the Code of Virginia, relating to driving under the influence; private property.

16101090D

S.B. 318 Certificate of relief from collateral criminal consequences.

Patron: Surovell

Certificate of relief from collateral criminal consequences. Creates a procedure whereby a person who has been convicted of certain crimes can petition the court for a certificate of relief that will remove collateral consequences of the conviction. Persons cannot petition for relief for violent crimes nor for crimes for which registration on the sex offender registry is required, must wait 12 months after the completion of all terms of sentencing and probation, and must not have any pending criminal charges. The court may limit the effect of the certificate of relief and it can be revoked if the person is subsequently convicted of a crime.

A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 23.2, consisting of sections numbered 19.2-392.5 through 19.2-392.11, relating to criminal convictions; certificate of relief.

16100949D

S.B. 341 Certificate of relief from collateral criminal consequences.

Patron: Lucas

Certificate of relief from collateral criminal consequences. Creates a procedure whereby a person who has been convicted of certain crimes can petition the court for a certificate of relief that will remove collateral consequences of the conviction. Persons cannot petition for relief for violent crimes nor for crimes for which registration on the sex offender registry is required, must wait 12 months after the completion of all terms of sentencing and probation, and must not have any pending criminal charges. The court may limit the effect of the certificate of relief and it can be revoked if the person is subsequently convicted of a crime.

A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 23.2, consisting of sections numbered 19.2-392.5 through 19.2-392.11, relating to criminal convictions; certificate of relief.

16101545D

S.B. 355 Judicial Nominations Commission; created.

Patron: Deeds

Judicial Nominations Commission; local judicial nomination committees. Creates a 15-member statewide Judicial Nominations Commission (Commission), elected by the General Assembly, to recommend appellate judicial candidates to the General Assembly and the Governor. The bill requires that the Commission include at least one member from each of Virginia's 11 congressional districts, that five members be attorneys, and that 10 members be citizens who have never been licensed to practice law. Initially staggered, the terms of members will be four years. The Commission's recommendations are nonbinding. The local judicial nominations committees are established in each circuit through appointment by the General Assembly members who represent each circuit. The number of attorneys may not exceed 30 percent of the entire panel. The committees are required to maximize public input into their review process. The committees' recommendations of up to three candidates for each vacancy are not binding on the General Assembly. A delegation may opt out of this process by certifying to the clerks of each house that the delegation has in place a process that ensures participation of each delegation member and participation by the general public in the nomination process.

A BILL to amend the Code of Virginia by adding in Title 17.1 a chapter numbered 10, consisting of sections numbered 17.1-1000 through 17.1-1012, relating to a Judicial Nominations Commission.

16102036D

S.B. 391 Driver's license; driving after forfeiture, guilty of an offense.

Patron: Surovell

Driving after forfeiture of license. Provides that a person may be guilty of an offense of driving or operating a motor vehicle (i) after his driver's license has been revoked for certain offenses, (ii) in violation of the terms of a restricted license, (iii) without an ignition interlock system if one is required, or (iv) if the person's license had been restricted, suspended, or revoked for certain driving under the influence offenses, with a blood alcohol content of 0.02 percent or more, only if such person was driving or operating the motor vehicle on a highway.

A BILL to amend and reenact § 18.2-272 of the Code of Virginia, relating to driving after forfeiture of license.

16100250D

S.B. 393 Preliminary protective orders; contents of order.

Patron: Surovell

Preliminary protective orders; contents of order. Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings.

A BILL to amend and reenact §§ 16.1-253.1 and 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders; contents of order.

16100359D

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. 560 Foreclosure advertisements; posted at courthouse and on circuit court website.

Patron: Norment

Foreclosure advertisements; posted at courthouse and on circuit court website. Provides that, in lieu of newspaper advertisements, foreclosure sales shall be advertised at the courthouse and on the website of the circuit court for the county or city in which the property to be sold is located, and that the clerk shall place a small notice in a newspaper having a general circulation in the city or county in which the property to be sold is located informing the public of the location of such advertisements.

A BILL to amend and reenact §§ 55-59.2 and 55-63 of the Code of Virginia, relating to foreclosure advertisements; posted at courthouse and on circuit court website.

16101605D

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. 572 Improper driving; jury may find accused not guilty.

Patron: Surovell

Improper driving; jury. Provides that a jury hearing a case involving a person charged with reckless driving where the accused's degree of culpability is slight may find the accused not guilty of reckless driving but guilty of improper driving, which is punishable as a traffic infraction. Currently, only the court hearing the case may find the accused guilty of improper driving.

A BILL to amend and reenact § 46.2-869 of the Code of Virginia, relating to improper driving; jury.

16102005D

S.B. 584 Unmanned aircraft systems; civil cause of action created, criminal violations.

Patron: McEachin

Unmanned aircraft systems; invasion of privacy; civil action; criminal violations. Creates a civil cause of action for the physical and constructive invasion of privacy where a person uses an unmanned aircraft system to enter into the airspace above the land of another person to capture an image, as specified in the bill, of private property or an individual located on the private property without consent or uses an unmanned aircraft system to capture such an image in lieu of physically entering the land or airspace. The bill allows a plaintiff to recover the greater of actual damages or $1,000, along with reasonable attorney fees and costs. The bill allows a court to award punitive damages when actual damages are awarded. The bill also creates crimes for using an unmanned aircraft for unauthorized surveillance of property and persons on the property, peeping and spying, and for taking photographs after receiving written notice that the landowner or individual objects.

A BILL to amend the Code of Virginia by adding sections numbered 8.01-40.4, 18.2-130.1, 18.2-130.2, and 18.2-130.3, relating to unmanned aircraft systems; invasion of privacy; unlawful use; penalties.

16103144D

S.B. 590 When circuit courts open; Judicial Council.

Patron: Obenshain

When circuit courts open; Judicial Council. Allows the Judicial Council to determine when the circuit courts are open subject to the current allowances in the Code for holidays and safety concerns.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 7 of Title 17.1 a section numbered 17.1-705.2, relating to when circuit courts open; Judicial Council.

16103023D

S.B. 599 Virginia Electronic Communications Privacy Act; established, report.

Patron: Petersen

Virginia Electronic Communications Privacy Act; report. Prohibits a state or local government agency from taking certain actions relating to access to electronic communication information from a service provider, access to electronic device information from any person other than the authorized possessor of the device, or access to electronic device information by means of physical interaction or electronic communication with the electronic device. Exceptions allow access to electronic communication information or access to electronic device information pursuant to a warrant or wiretap order or with the consent of the authorized possessor of the device. The measure establishes requirements for a warrant for electronic information. An agency that receives voluntarily-provided electronic communication information is required to destroy the information within 90 days unless, subject to certain exceptions. If an agency obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, that requires access to the electronic information without delay, it is required within three days to file an application for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures. An agency that obtains electronic communication information is required to make an annual report to the Attorney General. The Attorney General's office is required to publish on its website the individual reports from each agency that requests or compels the production of contents or records pertaining to an electronic communication or location information and a summary of such information.

A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 38.2, consisting of sections numbered 38.2.1 through 38.2.5, relating to the Virginia Electronic Communications Privacy Act; report.

16104114D

S.B. 687 Timber cutting; determination of damages;

Patron: Petersen

Timber cutting; determination of damages; attorney fees. Clarifies that any person found liable for the unauthorized removal of, or the direction of unauthorized removal of, timber from another's land must also pay reasonable attorney fees incurred by the owner of the timber to such owner.

A BILL to amend and reenact § 55-332 of the Code of Virginia, relating to timber cutting; determination of damages; attorney fees.

16104186D

S.B. 707 Failure to appear; service of process.

Patron: Chafin

Failure to appear; service of process. Provides that a summons for failure to appear on a mailed summons may be served by any person authorized to serve process. Under existing law any person age 18 or older who is not a party or otherwise interested in the subject matter in controversy may serve process.  

A BILL to amend and reenact § 19.2-76.3 of the Code of Virginia, relating to service of summons.

16104217D

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. 728 Punitive damages; injury by intoxicated drivers, admission of evidence.

Patron: McDougle

Punitive damages; injury by intoxicated drivers; admission of evidence. Provides that, when considering awards for punitive damages in civil actions for personal injury or death resulting from the operation of a motor vehicle while intoxicated, the finder of fact may consider evidence of the defendant's similar conduct subsequent to the date of the personal injury or death.

A BILL to amend and reenact § 8.01-44.5 of the Code of Virginia, relating to punitive damages; injury by intoxicated drivers; admission of evidence.

16104140D

S.B. 729 Unmanned aircraft system; use during commission of a crime, penalty.

Patron: Stuart

Use of unmanned aircraft system during commission of a crime; penalty. Provides that a person is guilty of a Class 1 misdemeanor if he uses or attempts to use an unmanned aircraft system while committing or attempting to commit a crime or obstructing or attempting to obstruct law-enforcement officers, animal control officers, or emergency medical services agency personnel in the performance of their duties.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-462.2, relating to use of unmanned aircraft system during commission of a crime; penalty.

16103638D

S.B. 746 Government employees; personal liability for certain inspections.

Patron: Wagner

Personal liability of government employees for certain inspections. Provides that a government employee who exceeds the scope of his authority when performing an inspection of a private entity to determine compliance with any law, regulation, or ordinance shall be personally liable for any damages arising from any enforcement action taken against the entity on the basis of the employee's inspection. The provisions of this bill do not apply to law-enforcement officers.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to personal liability of government employees for certain inspections.

16104254D

S.B. 754 DGS; authorized, with approval of Governor, to convey certain property to Clarke County.

Patron: Vogel

Property conveyance; Department of General Services; Clarke County. Authorizes the Department of General Services, with the approval of the Governor, to convey certain property to Clarke County.

A BILL to authorize the Department of General Services to convey certain real property to Clark County.

16103948D

S.B. 760 Digital impersonation; penalty.

Patron: McEachin

Digital impersonation; penalty. Provides that it is a Class 1 misdemeanor for a person to knowingly and without authorization credibly impersonate a living individual through or on a website or by other electronic means with the intent to injure or defraud another person. Injury may include injury to character or reputation.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-152.7:2, relating to digital impersonation; penalty.

16103433D