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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
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 22, 2016
Time and Place: 8 AM / Senate Room B
Patron: Habeeb
Tampering, etc., with firefighting equipment; penalty. Provides that a person who injures, destroys, removes, tampers with, or otherwise interferes with the operation of (i) any firefighting equipment or apparatus or (ii) any emergency medical services vehicle is guilty of a Class 1 misdemeanor.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-151.1, relating to tampering, etc., with firefighting equipment; penalty.16104449D
Patron: Miller
Issuance of warrants by magistrates. Provides that a magistrate may not issue an arrest warrant for a misdemeanor offense where the accused is a law-enforcement officer and the alleged offense arises out of the performance of his public duties upon the basis of a complaint by a person other than a law-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a law-enforcement agency.
A BILL to amend and reenact §§ 19.2-71 and 19.2-72 of the Code of Virginia, relating to issuance of warrants for law-enforcement officers by a magistrate.16100927D
Patron: Albo
Possession of controlled paraphernalia. Provides that possession of controlled paraphernalia and distribution of controlled paraphernalia, both of which are punishable as Class 1 misdemeanors, are distinct offenses.
A BILL to amend and reenact § 54.1-3466 of the Code of Virginia, relating to possession of controlled paraphernalia.16104975D
Patron: Albo
Habitual offenders; restoration of driving privileges. Clarifies that the recommendations from the Virginia Alcohol Safety Action Program (VASAP) evaluation that must be conducted when a habitual offender petitions for the restoration of his driving privileges or for the issuance of a restricted license shall be given such weight as the court deems appropriate.
A BILL to amend and reenact §§ 46.2-360 and 46.2-391 of the Code of Virginia, relating to habitual offenders; restoration of driving privileges.16100786D
Patron: Albo
Installation of pen register or trap and trace device; jurisdiction. Allows a court in the jurisdiction where an ongoing criminal investigation is being conducted or where there is probable cause to believe an offense was committed, is being committed, or will be committed to issue an order approving the installation and use of a pen register or trap and trace device. Currently, only a court in the jurisdiction where the person who will be the subject of the pen register or trap and trace device lives, works, or maintains an address or a post office box may order its installation.
A BILL to amend and reenact § 19.2-70.2 of the Code of Virginia, relating to installation of pen register or trap and trace device; jurisdiction.16101074D
Patron: Collins
Drug treatment court for City of Winchester and Counties of Clarke, Frederick, and Warren. Authorizes the establishment of drug treatment courts in the City of Winchester and Counties of Clarke, Frederick, and Warren. The bill limits the jurisdiction of such courts to cases involving simple possession of a controlled substance or marijuana or probation violations where a person had been placed on probation following a conviction for simple possession of a controlled substance or marijuana.
A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to drug treatment court for City of Winchester and Counties of Clarke, Frederick, and Warren.16105435D
Patron: Albo
Hearsay; exception; children and incapacitated adults; abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 or an incapacitated adult 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.16104454D
Patron: Minchew
Financial exploitation of adults. Provides that upon receipt of a report or during an adult protective services investigation of suspected financial exploitation of an adult 60 years old or older or incapacitated in which financial losses to such adult resulting from the exploitation are suspected to be greater than $50,000, the local department of social services or adult protective services hotline shall immediately refer the matter and all relevant documentation to the local law-enforcement agency where the adult resides or where the alleged exploitation took place, or if these places are unknown, where the alleged exploitation was discovered, for investigation.
A BILL to amend and reenact § 63.2-1605 of the Code of Virginia, relating to financial exploitation of adults.16102731D
Patron: Habeeb
Mediation. Provides that, where a referral to mediation includes both custody or visitation and child or spousal support, the referral to mediation is considered to be two separate appointments.
A BILL to amend and reenact § 20-124.4 of the Code of Virginia, relating to mediation; fees.16102129D
Patron: Herring
Officer-involved shootings; reporting requirement. Requires the Department of State Police to include any officer-involved shooting in the annual Crime in Virginia report. The bill requires that any law-enforcement or public safety officer required to make such report receive training concerning such reporting requirement.
A BILL to amend the Code of Virginia by adding a section numbered 52-28.2, relating to officer-involved shootings; reporting requirement.16104964D
Patron: Albo
Obtaining electronic communication service or remote computing service records. Provides that any subpoena issued by a court or grand jury, search warrant, or court order directing a provider of electronic communication service or remote computing service to disclose certain information related to a customer may require that the service provider not disclose the existence of the subpoena, search warrant, or order, except to an attorney to obtain legal advice, for a period of 90 days, subject to renewal for additional 90-day periods, if the victim is under 18 and disclosure of the existence of the subpoena, search warrant, or order will endanger the life or physical safety of an individual, or lead to flight from prosecution, the destruction of or tampering with evidence, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation. The bill also provides that only a circuit court can issue an order for disclosure from a service provider when such disclosure is relevant and material to an ongoing criminal investigation or the investigation of certain missing persons.
A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to obtaining electronic communication service or remote computing service records.16104974D
Patron: Pogge
Guardianship; communication between incapacitated person and others. Provides that a guardian shall not unreasonably restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship.
A BILL to amend and reenact § 64.2-2019 of the Code of Virginia, relating to guardianship; communication between incapacitated person and others.16105093D
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
Patron: Loupassi
Civil judgment procedure; damages, witnesses, failure of defendants to appear. The bill increases from 90 days to 120 days the time during which a plaintiff for whom a verdict or judgment and grant of possession is entered on a unlawful detainer or forcible or unlawful possession claim may continue the case to establish final rent and damages. The bill adds managing agents in unlawful detainer claims brought in general district court to the list of individuals exempt from being excluded as a witness in a civil case. The bill removes references to actions for unlawful detainer in the statutory provisions for a plaintiff's entitlement to judgment on an affidavit.
A BILL to amend and reenact §§ 8.01-28, 8.01-128, 8.01-375, and 16.1-88 of the Code of Virginia, relating to civil judgment procedure; damages; witnesses; failure of defendants to appear.16104866D
Patron: Herring
Statute of limitations; sexual crimes against minors. Extends the statute of limitations to one year after the victim reaches 18 years of age for misdemeanor violations of the following crimes: carnal knowledge of offender by employee of bail bond company, sexual battery, infected sexual battery, sexual abuse of a child age 13 or 14 by an adult, attempted sexual battery, and tongue penetration by adult of mouth of child under age 13. Under existing law, there is a one-year statute of limitations on most misdemeanors. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; certain sexual crimes.16102802D
Patron: Minchew
Local fees and fines. Directs the clerk of the circuit court to pay local fees and fines collected by the general district or juvenile and domestic relations district courts directly the local government.
A BILL to amend and reenact § 16.1-69.48 of the Code of Virginia, relating to local fees and fines.16102991D
Patron: Watts
Law-enforcement records concerning juveniles; disclosure. Allows the disclosure of law-enforcement records concerning a juvenile who is referred to a court services unit-authorized diversion program. The bill prohibits further disclosure of such records by the diversion program or participants in the program. Law-enforcement officers may prohibit disclosure to protect a criminal investigation or intelligence information.
A BILL to amend and reenact § 16.1-301 of the Code of Virginia, relating to confidentiality of juvenile law-enforcement records; disclosure.16101947D
Patron: Albo
Fines and costs; interest; statutes of limitation on collection; minimum payments. Provides that a person may move any court in which he owes fines and costs imposed in a criminal case to waive any interest that accrued on such fines and costs during any term of incarceration, and that such waiver shall be granted upon certification of the person's incarceration by the official in charge of the facility where such person was incarcerated. The bill also clarifies that the general statutes of limitation apply to collection of fines and costs. The bill also requires that the provisions of deferred or installment payment agreements, including any required minimum payments, be consistent with the Rules of Supreme Court of Virginia.
A BILL to amend and reenact §§ 19.2-353.5, 19.2-354, and 46.2-395 of the Code of Virginia, relating to fines and costs; interest; statutes of limitation on collection; minimum payments.16104560D
Patron: Bell, Robert B.
Petit larceny; prior convictions; penalty. Provides that, if it is alleged in the warrant, indictment, or information that a person had previously been convicted of larceny or any offense deemed to be or punished as larceny, robbery, or carjacking, such person shall, upon conviction for larceny or any offense deemed to be or punished as larceny, receive a jail sentence of at least 30 days or, if two or more prior offenses are alleged, be guilty of a Class 6 felony. Currently, only prior offenses of larceny or any offense deemed to be or punished as larceny is considered for purposes of applying the enhanced penalty.
A BILL to amend and reenact § 18.2-104 of the Code of Virginia, relating to petit larceny; prior convictions; penalty.16105433D
Patron: Bell, Robert B.
Restitution; revocation of probation or suspended sentence. Provides that a court may conduct a hearing to revoke a person's probation or suspended sentence within five years after the expiration of the period of probation or suspension if the person has failed to pay restitution before such expiration. Under current law, such a hearing must be conducted within one year after the expiration of the period of probation or suspension.
A BILL to amend and reenact § 19.2-306 of the Code of Virginia, relating to restitution; revocation or suspension of probation.16105450D
Patron: Bell, Robert B.
Abduction of minor for the purpose of prostitution. Expands the class of minors who may be the victim of the crime of abduction of a minor for the purpose of concubinage or prostitution, a crime punishable as a Class 2 felony, from minors under 16 years of age to all minors, that is, anyone under 18 years of age.
A BILL to amend and reenact § 18.2-48 of the Code of Virginia, relating to abduction of minor for the purpose of prostitution.16102333D
Patron: Bell, Robert B.
Sex Offender and Crimes Against Minors Registry Act; public dissemination. Adds current work address and the name of any institution of higher education at which he is currently enrolled to the information that must be made publicly available by means of the Internet for persons convicted of an offense for which registration on the Sex Offender and Crimes Against Minor Registry is required.
A BILL to amend and reenact § 9.1-913 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry Act; public dissemination.16102348D
Patron: Leftwich
Department of Criminal Justice Services; human trafficking training. Requires the Department of Criminal Justice Services to establish compulsory training standards for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses and identification of human trafficking offenses.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; human trafficking training.16105276D
Patron: Leftwich
Trafficking in persons; civil action. Creates a civil cause of action against individuals who engage in (i) abduction of any person for the purpose of prostitution, any child under 16 years of age for concubinage, or any minor for the purpose of manufacturing child pornography; (ii) solicitation of prostitution from a minor; or (iii) commercial sex trafficking, or who aid in the conduct thereof.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.4 , relating to trafficking in persons; civil action.16105167D
Patron: Watts
Protective orders in cases of family abuse;
possession of premises. Provides that in a protective order in
the case of family abuse, a person, who is not a tenant or authorized occupant in the dwelling unit and who has obtained a protective order from a court of competent jurisdiction granting such person possession of the premises to the exclusion of one or more co-tenants or authorized occupants, may provide a copy of such order to the landlord and submit a rental application to become a tenant in such dwelling unit within 10 days of the entry of such order. If such person's rental application meets the landlord's tenant selection criteria, such person may become a tenant in such dwelling unit under a written rental agreement. If such person submits a rental application and does not meet the landlord's tenant selection criteria, such person shall vacate the dwelling unit no later than 30 days of the date the landlord gives such person written notice that his rental application has been rejected. If such person does not provide a copy of the protective order to the landlord and submit a rental application to the landlord within 10 days as required by this section, such person shall vacate the dwelling unit no later than 30 days of the date of the entry of such order. Such person shall be liable to the landlord for failure to vacate the dwelling unit as required in this section. The bill provides that any tenant obligated on a rental agreement shall pay the rent and otherwise comply with any and all requirements of the rental agreement, and any applicable laws and regulations. The landlord may pursue all of its remedies under the rental agreement and applicable laws and regulations, including filing an unlawful detainer action to obtain a money judgment and to evict any persons residing in such dwelling unit. The bill contains a technical amendment.
16105293D
Patron: Bell, Robert B.
Stalking; penalty. Provides that contacting or following or attempting to contact or follow the person at whom stalking conduct is directed after being given actual notice that the person does not want to be contacted or followed, is prima facie evidence that the person intended to place the other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself or a family or household member. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking; penalty.16102756D
Patron: Adams
Possession of firearms by persons adjudicated delinquent; military service exception. Provides that an individual who has previous adjudications of delinquency and has completed a term of enlistment of no less than one year in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge is not disqualified from obtaining a concealed handgun permit and may possess or transport any firearm or ammunition for a firearm, any stun weapon, or any explosive material.
16104697D
Patron: Adams
Exhumations; notice to next of kin. Establishes procedures for notification of the next of kin of a dead person upon receipt of the circuit court of a report regarding an investigation that requires an exhumation or filing of a petition for exhumation. The bill provides that in cases in which the exhumation is requested as part of an investigation by the Chief Medical Examiner or other medical examiner, upon request of the attorney for the Commonwealth and a finding that good cause exists, a judge may order for a period not to exceed 90 days that notification of the next of kin of the dead person be withheld, the report and order for exhumation sealed, and any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person or any other person that the court may deem appropriate that the investigation or exhumation has occurred. Such order may be extended for additional periods of up to 90 day upon petition of the attorney for the Commonwealth and a finding that good cause for such extension exists.
A BILL to amend and reenact § 32.1-286 of the Code of Virginia, relating to exhumations; notice to next of kin.16104937D
Patron: Miller
Department of Criminal Justice Services; training standards and model policies for law-enforcement personnel. Reorganizes the Department of Criminal Justice Services' powers and duties for establishing training standards and publishing model policies for law-enforcement personnel by combining each discrete subject into one list. The bill also requires the Department to periodically update such model policies.
A BILL to amend and reenact §§ 9.1-102 and 15.2-1627.4 of the Code of Virginia, relating to the Department of Criminal Justice Services; training standards and model policies for law-enforcement personnel.16104908D
Patron: Habeeb
Spouse's liability for medical care; exemption for principal residence. Provides that a lien arising out of a judgment for a spouse's emergency medical care shall not be enforced against the judgment debtor's principal residence held as tenants by the entireties unless the residence is refinanced or transferred to new owners.
A BILL to amend and reenact § 8.01-220.2 of the Code of Virginia, relating to spouse's liability for medical care; exemption for principal residence.16104431D
Patron: Campbell
Personal injury and wrongful death actions; disclosure of physical address of insured person. Requires an insurance company to disclose the physical address of an insured person, if known, 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 receipt 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.16105206D
Patron: Habeeb
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. The bill is in response to the decision in Chacey v. Garvey, 2015 Va. LEXIS 185.
A BILL to amend and reenact § 55-332 of the Code of Virginia, relating to timber cutting; determination of damages; attorney fees.16103906D
Patron: Cline
Multi-jurisdiction grand juries; access to record of testimony and evidence. Permits access to the transcript of multi-jurisdiction grand jury proceedings and the evidence presented to such grand jury by the attorney for the Commonwealth or United States attorney of any jurisdiction where the offense investigated by such grand jury could be prosecuted or investigated. The bill also permits a person being prosecuted with evidence presented to a multi-jurisdiction grand jury similar access if necessary to inform him of the evidence presented against him or to adequately prepare his defense.
A BILL to amend and reenact § 19.2-215.9 of the Code of Virginia, relating to multi-jurisdiction grand juries; access to record of testimony and evidence.16104145D
Patron: Leftwich
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.16104255D
Patron: Cline
Sexual abuse of certain children; penalty. Provides that an adult who sexually abuses a child who is 13 or 14 years old where such act is accomplished against the will of the child by ruse is guilty of aggravated sexual battery, a felony punishable by a sentence of not less than one nor more than 20 years.
A BILL to amend and reenact § 18.2-67.3 of the Code of Virginia, relating to sexual abuse of certain children; penalty.16105286D
Patron: Collins
False representation of military status; penalty. Provides that any person who, with the intent to obtain any services, falsely represents himself to be a member or veteran of the military, or the recipient of any decoration or medal created by federal or state law to honor members or veterans of the military, and obtains such services is guilty of a Class 1 misdemeanor. This bill incorporates HB 54 and HB 950.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 6 of Title 18.2 a section numbered 18.2-177.1, relating to false representation of military status; stolen valor; penalty.16104969D