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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 17, 2016
Time and Place: 15 Minutes After Senate Adjourns/Senate Room B

H.B. 51

Patron: Miller

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

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

16100960D

H.B. 64

Patron: Kilgore

Transmission of case papers to appellate court; acceptability of electronic case papers. Provides that, upon agreement of the general district court and the appellate court, case papers shall be transmitted electronically to the appellate court by an electronic method approved by the Executive Secretary of the Supreme Court, with the exception of exhibits that cannot be electronically transmitted. The bill allows the appellate court, in jurisdictions where an agreement is in effect, to transmit the case papers by electronic submission to the general district court where the case is to be returned to such court. The bill has a delayed effective date of January 1, 2017.

A BILL to amend and reenact § 16.1-112 of the Code of Virginia, relating to transmission of case papers to appellate court; acceptability of electronic case papers.

16104488D

H.B. 116

Patron: Knight

Reappointment of jury commissioners. Provides that jury commissioners are eligible for reappointment. Current law prohibits reappointment of a jury commissioner for at least three years after the expiration of the one-year term to which he was appointed.

A BILL to amend and reenact § 8.01-343 of the Code of Virginia, relating to reappointment of jury commissioners.

16101151D

H.B. 147

Patron: Fowler

Department of Criminal Justice Services; photo identification. Provides that the Department of Criminal Justice Services (the Department) shall design and approve the issuance of photo-identification cards to every person who is issued a private security services registration by the Department. The photo-identification card shall contain the name, registration number, registration category, and photograph of the recipient; the date of issuance; the date of expiration; and the name of the issuer in the form "Department of Criminal Justice Services, Commonwealth of Virginia." The Department may enter into an agreement with the Department of Motor Vehicles to produce the photo-identification cards. The bill has a delayed effective date of July 1, 2017.

 A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 9.1-102.1, relating to the Department of Criminal Justice Services; private security registrants; photo identification.

16104570D

H.B. 189

Patron: Bulova

Satisfactory Evidence of Identity; United States Passport Book and United States Passport Card. Clarifies that both a United States Passport Book and a United States Passport Card are acceptable forms of identification of an individual for notarization. Current law states that a United States Passport is acceptable, but does not specifically include both as acceptable forms of identification. A United States Passport Card is not valid for travel by international air, but does include on it a photograph of the holder. Finally, the bill clarifies that all acceptable forms of identification must be unexpired. The bill contains a technical amendment.

A BILL to amend and reenact § 47.1-2 of the Code of Virginia, relating to satisfaction of evidence of identity; United States Passport Book and United States Passport Card.

16103111D

H.B. 230

Patron: Minchew

Judicial creation of trusts. Clarifies that a circuit court may create and 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.

16102680D

H.B. 231

Patron: Leftwich

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.

16104739D

H.B. 232

Patron: Leftwich

Authenticity and reasonableness of medical bills; presumption; who may identify and provide testimony. Allows a plaintiff's guardian, agent under an advance directive, agent under a power of attorney, or next friend to identify a medical bill and provide testimony on the bill to establish a rebuttable presumption of authenticity and reasonableness of the bill where the plaintiff's physician has deemed the plaintiff unable to provide testimony. Current law requires the plaintiff to identify and provide testimony on the bill.

A BILL to amend and reenact § 8.01-413.01 of the Code of Virginia, relating to authenticity and reasonableness of medical bills; presumption; who may identify and provide testimony.

16104433D

H.B. 332

Patron: Miller

Concealed handgun permits; judges. Provides that, in addition to the current exemption, a judge, justice, or retired judge or justice of the Commonwealth who possesses a valid concealed handgun permit may carry a concealed handgun wherever the judge or justice may travel in the Commonwealth. Current law allows judges and justices to carry a concealed handgun without a permit in the discharge of their official duties.

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

16104517D

H.B. 355

Patron: Boysko

Forensic Science Board; membership. Adds the Director of the Virginia Division of Consolidated Laboratory Services to the Forensic Science Board, the Department of Forensic Science's policy board, and eliminates the member designated from the now defunct Virginia Institute of Forensic Science and Medicine.

A BILL to amend and reenact § 9.1-1109 of the Code of Virginia, relating to membership on the Forensic Science Board.

16104812D

H.B. 428

Patron: Hope

Support payments by county or city. Designates the Department of Social Services as the entity to which a county or city within the boundaries of which a prisoner is put to work on a workhouse, city farm, or work squad shall pay funds for the support of the prisoner's spouse or children. The bill increases the minimum amount that the county or city shall pay from $5 to $20 dollars and increases the maximum amount that the county or city shall pay from $25 to $40 dollars for each week in the discretion of the court during any part of which any work is performed by the prisoner.

A BILL to amend and reenact § 20-63 of the Code of Virginia, relating to support payments by county or city.

16101285D

H.B. 437

Patron: Loupassi

Security for appeal. Clarifies the difference between an appeal bond (a bond or irrevocable letter of credit conditioned upon paying the costs or fees incurred in the appellate court) and a suspending bond (a bond or irrevocable letter of credit suspending the judgment appealed) and the method for seeking modification of such bonds in the trial court or commission that entered the judgment appealed and in the appellate courts. The bill provides that a party seeking to modify the amount or other requirements of such bonds in an appellate court may do so by motion in addition to the current method of requesting such modification in a brief filed with the appellate court. The bill also allows the parties to agree to waive the requirement of a suspending bond or to agree to a suspending bond in an amount less than the compensatory damages awarded in the judgment. The bill further requires that the amount of the suspending bond include an amount equivalent to one year's interest calculated from the date of the notice of appeal using the statutory judgment rate of interest. The bill lastly provides that the effect of failing to perfect an appeal bond is governed by the Rules of Supreme Court of Virginia. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 8.01-676.1 and 8.01-682 of the Code of Virginia, relating to security for appeal.

16100072D

H.B. 441

Patron: Loupassi

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.

16102009D

H.B. 442

Patron: Loupassi

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. The bill provides that, in the event the closing schedule of a circuit court differs from that of a local governing body, a circuit court clerk employee will not be required to take annual leave or have his annual compensation reduced. In addition, the bill clarifies that these provisions do not empower the Judicial Council to set the hours of operation of a circuit court clerk.

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.

16103012D

H.B. 496

Patron: Campbell

Attorney-issued summons; proof of payment to clerk's office. Provides that a photocopy of a payment instrument and a photocopy of the accompanying letter sent to the clerk's office to show payment of service of process fees for an attorney-issued summons is sufficient proof of payment for a sheriff's office to accept and serve such summons. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-407 of the Code of Virginia, relating to attorney-issued summons; proof of payment to clerk's office.

16100153D

H.B. 497

Patron: Campbell

Uniform Child Custody Jurisdiction and Enforcement Act; exclusive, continuing jurisdiction. Provides that the Commonwealth has exclusive, continuing jurisdiction to modify a child custody order that is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) so long as a parent of the child continues to live in the Commonwealth. Under current state law, both parents must reside in the Commonwealth for the court to retain exclusive, continuing jurisdiction. The bill conforms the law to the UCCJEA. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 20-146.13 and 20-146.14 of the Code of Virginia, relating to the Uniform Child Custody Jurisdiction and Enforcement Act; exclusive, continuing jurisdiction.

16100251D

H.B. 577

Patron: Robinson

Interpleader; earnest money deposits. Allows the general district court, in an interpleader case involving an earnest money deposit held in escrow by a real estate broker, to escheat the funds to the Commonwealth to be credited to the Virginia Housing Trust Fund upon default of the stakeholders.

A BILL to amend and reenact § 16.1-77 of the Code of Virginia, relating to interpleader; earnest money deposits.

16100947D

H.B. 589

Patron: Campbell

Filing of petitions and motions by designated nonattorney employees of the Department of Social Services; practice of law; duties of local directors of social services. Allows designated nonattorney employees of the Department of Social Services to file certain petitions and motions relating to child protective services and foster care services and provides that such filing is not considered the unauthorized practice of law. The bill further requires a local director of social services to designate nonattorney employees to be authorized to file certain petitions and motions relating to child protective services and foster care services and states that all petitions or motions filed by nonattorney employees of local departments of social services prior to July 1, 2016, are valid.

A BILL to amend and reenact §§ 16.1-260, 54.1-3900, and 63.2-332 of the Code of Virginia, relating to filing of petitions and motions by designated nonattorney employees of the Department of Social Services; practice of law; duties of local directors of social services.

16104108D

H.B. 608

Patron: Bell, Robert B.

Immediate sanction probation programs; extension. Extends the sunset provision on the establishment of immediate sanction probation programs, which provides for expedited proceedings for probation violations for certain nonviolent offenders, from July 1, 2016, to July 1, 2017.

A BILL to amend and reenact § 19.2-303.5 of the Code of Virginia, relating to immediate sanction probation programs; extend expiration.

16100333D

H.B. 624

Patron: Bell, Robert B.

Retention of court records; violent felonies and acts of violence. Requires that the circuit court case files on crimes that are considered to be violent felonies or acts of violence be retained for 50 years or until the sentence term ends, whichever comes later.

A BILL to amend and reenact § 17.1-213 of the Code of Virginia, relating to retention of court records; violent felonies and acts of violence.

16102354D

H.B. 637

Patron: Habeeb

Medical malpractice actions; limitations period. Extends the two-year limitations period for personal injury actions in malpractice cases arising out of the negligent failure to diagnose an intracranial, intraspinal, or spinal schwannoma or to communicate such diagnosis to the patient for a period of one year from the date the existence of an intracranial, intraspinal, or spinal schwannoma is communicated to the patient. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-243 of the Code of Virginia, relating to medical malpractice actions; limitations period.

16100548D

H.B. 641

Patron: Leftwich

Jurisdiction of general district court; arbitration. Establishes that the general district courts have concurrent jurisdiction with the circuit courts to submit matters to arbitration where the amount in controversy is within the jurisdictional limits of the general district court. The bill provides that any party that disagrees with an order by a general district court granting an application to compel arbitration may appeal the decision to the circuit court. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 8.01-577, 8.01-581.014, 8.01-581.016, and 16.1-77 of the Code of Virginia, relating to jurisdiction of general district court; arbitration.

16100263D

H.B. 642

Patron: Leftwich

Submission of oral testimony or affidavits in a divorce proceeding. Provides that either party to a divorce may submit the required depositions or affidavits in support of the grounds for divorce. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 20-106 of the Code of Virginia, relating to submission of oral testimony or affidavits in a divorce proceeding.

16100550D

H.B. 669

Patron: Peace

Advisory Committee to the Court-Appointed Special Advocate Program. Provides that the membership of the Advisory Committee that advises the Criminal Justice Services Board on matters related to the Court-Appointed Special Advocate Program shall include one juvenile and domestic relations district court or circuit court judge.

A BILL to amend and reenact § 9.1-151 of the Code of Virginia, relating to the Advisory Committee to the Court-Appointed Special Advocate Program.

16100634D

H.B. 671

Patron: Peace

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. If no attorney who is on the list is reasonably available or appropriate considering the circumstances of the parent or case, a judge in his discretion may appoint any discreet and competent attorney who is admitted to practice law in Virginia.

A BILL to amend and reenact § 16.1-266.1 of the Code of Virginia, relating to appointed counsel for parents or guardians.

16101497D

H.B. 766

Patron: Gilbert

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.

16100429D

H.B. 771

Patron: Gilbert

Asset forfeiture. Prohibits a law-enforcement agency from requesting, requiring, or otherwise inducing a person who asserts a lawful right to property seized for the purpose of forfeiture to waive his interest in or rights to the property until an information is filed. The bill allows attorneys for the Commonwealth to electronically notify the Department of Motor Vehicles, in a manner approved by the Commissioner, that a vehicle has been seized. A provision is added allowing a forfeiture proceeding to be stayed if it is also related to a warrant. The Department of Criminal Justice Services will be required to prepare an annual report to the Governor and General Assembly regarding information on all drug and nondrug asset seizures and forfeitures. The report shall be available to the public. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 19.2-386.2, 19.2-386.2:1, 19.2-386.10, and 19.2-386.14 of the Code of Virginia, relating to asset forfeiture.

16102895D

H.B. 906

Patron: Minchew

Communications between ministers of religion and persons they counsel or advise. Provides that the testimony of a minister of religion that would disclose information communicated to the minister of religion confidentially by a person who sought spiritual counsel or advice from the minister of religion shall not be permitted in a civil action over the objection of the person. The bill extends the "priest-penitent" privilege to individuals who seek spiritual counsel or advice from a minister of religion. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-400 of the Code of Virginia, relating to the communications between ministers of religion and persons they counsel or advise.

16100549D

H.B. 932

Patron: Toscano

Compensation of court-appointed counsel. Increases from quarterly to monthly the frequency of reporting by the Executive Secretary of the Supreme Court of Virginia to the Governor, members of the House Appropriations Committee, and members of the Senate Finance Committee on the amounts paid for waivers of the limitations on compensation for court-appointed counsel. The bill also requires that this report be made to the clerk of each circuit court and district court and that the report contain the remaining balance of the funds appropriated to pay for waivers.

A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.

16101443D

H.B. 1056

Patron: Bell, Robert B.

Family abuse protective orders; extensions. Corrects a reference to a member of the respondent's family or household to be consistent with the defined term "family or household member," relating to petitioners in proceedings for extensions of protective orders in cases of family abuse.

A BILL to amend and reenact § 16.1-279.1 of the Code of Virginia, relating to extensions of protective orders in cases of family abuse.

16100666D

H.B. 1117

Patron: Loupassi

Immunity of persons at public hearing; attorney fees and costs. Allows the award of reasonable attorney fees and costs to any person who has a suit against him dismissed pursuant to immunity provided to him when appearing at a public hearing before the governing body of a locality or other local governmental entity. This bill incorporates HB 690.

A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; attorney fees; costs.

16104713D

H.B. 1163

Patron: Webert

Recognition of out-of-state concealed handgun permits; photo identification. 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 (i) the other state has a 24-hour-a-day means of verification of the validity of the permits issued in that state, if available, (ii) the person carries a government-issued photo identification and displays it upon demand of a law-enforcement officer, and (iii) the person has not previously had a Virginia concealed handgun permit revoked. The bill requires the Superintendent of State Police (Superintendent) 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. The bill provides that if the Superintendent determines that another state requires the Attorney General to execute or formally approve such agreement, the Attorney General will execute or approve such agreement within 30 days of written notification by the Superintendent that the Attorney General is required to execute or approve such agreement. 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. In addition, the bill requires the Superintendent, within 60 days of the effective date of the bill, to enter into agreements for reciprocal recognition of concealed handgun permits or licenses with other states where agreements were in existence on December 1, 2015. This bill incorporates HB 12.

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.

16105372D

H.B. 1196

Patron: Anderson

Resisting arrest; penalty. Provides that a person is guilty of resisting arrest, punishable as a Class 1 misdemeanor, if a person intentionally prevents or attempts to prevent a lawful arrest by failing to allow himself to be physically taken into custody by using any physical means to resist.

 

A BILL to amend and reenact § 18.2-479.1 of the Code of Virginia, relating to fleeing from a law-enforcement officer; active resistance; penalties.

16105041D

H.B. 1275

Patron: Fariss

Copies of statements in support of arrest warrants. Provides that if an officer authorized to issue criminal warrants does not issue an arrest warrant in response to a written complaint, the written statement shall be returned to the complainant.  

A BILL to amend and reenact § 19.2-72 of the Code of Virginia, relating to copies of statements to magistrates.

16105092D

H.B. 1386

Patron: Lingamfelter

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 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.

16105192D

H.B. 1391

Patron: Murphy

Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for family abuse to possess a firearm while the order is in effect. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. Under current law, it is a Class 1 misdemeanor for a person subject to a protective order to purchase or transport a firearm.

  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.

16105189D