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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 24, 2016
Time and Place: 15 Minutes After Senate Adjournment / Senate Room B
Patron: Head
Ministers or other persons authorized to celebrate rites of matrimony; no oath required. Provides that no oath shall be required of a minister or other person who seeks authorization to perform the rites of matrimony and that no such authorized minister or other person shall be considered an officer of the Commonwealth by virtue of such authorization.
A BILL to amend and reenact §§ 20-23, 20-25, and 20-26 of the Code of Virginia, relating to ministers or other persons authorized to celebrate rites of matrimony; no oath required.16100344D
Patron: Taylor
Possession of handguns by members of the Virginia National Guard. Allows a member of the Virginia National Guard to possess a concealed handgun at National Guard facilities and facilities under contract with the National Guard if such member has a valid concealed handgun permit. The bill also provides that the member's commanding officer may prohibit the member from possessing a concealed handgun while participating in any training or other exercises where the commanding officer reasonably determines that such possession would interfere with the conduct of such training or other exercises or mission impairment. This bill incorporates HB 119.
A BILL to amend the Code of Virginia by adding a section numbered 44-39.1, relating to possession of handguns by members of the Virginia National Guard.16104825D
Patron: Lingamfelter
Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. This bill serves to overrule the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014).
A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; certain drug offenses; penalty.16100533D
Patron: Albo
Sex Offender and Crimes Against Minors Registry Act; penalty. Adds to the offenses for which registration is required on the Sex Offender and Crimes Against Minors Registry the crimes of (i) procuring a person for prostitution and receiving money from the earnings of a person engaged in prostitution if the crime involves a minor and (ii) malicious wounding and aggravated malicious wounding if the perpetrator of the crime was an adult and the victim was under the age of 13. The bill also provides that only persons who committed such crimes on or after July 1, 2016, are required to register. This bill incorporates HB 604 and HB 672.
A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to the Sex Offender and Crimes Against Minors Registry; malicious wounding; aggravated malicious wounding.16105378D
Patron: Lingamfelter
Application for special conservator of the peace by locality. Provides that no official or employee of a school board or locality may submit an application to a circuit court judge for the appointment of a special conservator of the peace without attaching a written assessment of the need for such appointment from the chief law-enforcement officer of the locality to the application.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-13.1, relating to application for special conservator of the peace by locality.16100766D
Patron: Webert
Transfer of certain firearms; identification requirement. Allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia or his Leave and Earnings Statement. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to transfer of certain firearms; identification requirement.16104719D
Patron: Loupassi
Fees for court-appointed attorney providing representation in commitment proceedings in a criminal case. Increases from $25 to $150 the fee paid to a court-appointed attorney for providing representation in commitment proceedings in a criminal case.
A BILL to amend and reenact § 19.2-182 of the Code of Virginia, relating to fees for court-appointed attorneys providing representation in commitment proceedings.16100789D
Patron: Fowler
Control of firearms by state agencies; rights of employees. Prohibits state agencies within the executive branch other than the Virginia Port Authority from adopting any regulation or workplace rule preventing officers or employees of such agencies from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle at their workplace. The bill also provides that any such regulation or rule adopted prior to July 1, 2016, is invalid.
A BILL to amend and reenact § 2.2-602 of the Code of Virginia, relating to control of firearms by state agencies; rights of employees.16104425D
Patron: Villanueva
Licensure of private security services providers and personnel; waiver of prohibition for conviction of certain crimes. Requires that the Director of the Department of Criminal Justice Services grant or deny a waiver of the prohibition against the certification of a person who has been convicted of certain misdemeanors or any felony as an unarmed security officer, electronic security employee or technician's assistant, private security services training school or instructor, or compliance agent or the licensing of such person as a private security services business within 30 days of receipt of the request. The bill also requires that any grant or denial by the Director of a request for a waiver be made in writing and state the reasons for the decision.
A BILL to amend and reenact § 9.1-139 of the Code of Virginia, relating to licensure; waiver of prohibition for conviction.16103405D
Patron: Watts
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 person 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.16102369D
Patron: Lingamfelter
Brandishing a firearm; intent; penalty. Requires that a person pointing, holding, or brandishing a firearm or similar weapons must have the intent to induce fear in the mind of another or know or reasonably should know that his conduct would induce such fear in order to be convicted of the crime of brandishing. Currently, the perpetrator's intent is not an element of the offense.
A BILL to amend and reenact § 18.2-282 of the Code of Virginia, relating to brandishing a firearm; intent; penalty.16100402D
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
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 who are authorized to file certain petitions and motions relating to child protective services, foster care services, and support 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
Patron: Bell, Robert B.
Violations of protective orders; penalty. Provides that any person who commits any assault and battery or any felony offense set forth in Article 4 (Assaults and Bodily Woundings) of Chapter 4 of Title 18.2 upon or stalks any party protected by a protective order is guilty of a Class 6 felony. Currently, the Class 6 felony is only applicable if the person commits an assault and battery that results in serious bodily injury to the protected party.
A BILL to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to violations of protective orders; penalty.16104978D
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: Peace
Criminal Injury Compensation Fund; claims. Provides that for crimes committed on or after July 1, 1977, and before July 1, 2000, where the period of time to file a claim with the Criminal Injury Compensation Fund (the Fund) has been extended because of newly discovered evidence, the Virginia Workers' Compensation Commission, which administers the Fund, may consider expenses that the claimant accrued after the date of the newly discovered evidence was discovered. Currently, consideration could be given only to those expenses that accrued after the date the Commission received notification from the attorney for the Commonwealth that the crime was being investigated for newly discovered evidence.
A BILL to amend and reenact § 19.2-368.5 of the Code of Virginia, relating to the Criminal Injury Compensation Fund; claims.16101403D
Patron: Peace
Spousal support factors. Provides that a court shall consider the circumstances and factors that contributed to the dissolution of the marriage, specifically including any ground for divorce, in determining the nature, amount, and duration of a spousal support award.
A BILL to amend and reenact § 20-107.1 of the Code of Virginia, relating to spousal support factors.16104906D
Patron: Bell, Robert B.
Domestic violence-related misdemeanors; enhanced penalty. Punishes a misdemeanor offense of violating a protective order, assault and battery against a family or household member, or stalking as a Class 6 felony if the person charged had been previously convicted of any of these offenses, however punished, or assault or bodily wounding within the preceding 20 years if the victim of the prior and the instant offenses was the same.
A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 4 of Title 18.2 a section numbered 18.2-60.6, relating to domestic violence-related misdemeanors; enhanced penalty.16103904D
Patron: Gilbert
First offense assault and battery against a family or household member; enhanced penalties. Provides that the deferral and dismissal of a first offense of assault and battery against a family or household member will be treated as a prior conviction for the purpose of determining whether a person is eligible for the enhanced Class 6 felony penalties for stalking or assault and battery against a family or household member that apply based on a person's prior convictions.
A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to first offense assault and battery against a family or household member; enhanced penalties.16103550D
Patron: Gilbert
Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.
A BILL to amend and reenact §§ 9.1-102, 9.1-116.1, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10 of the Code of Virginia, relating to victims of domestic violence, etc.; firearms safety or training course.16100430D
Patron: Adams
Brandishing a firearm; law-enforcement officer;
penalty. Provides for a six-month mandatory minimum sentence
upon conviction of a person for pointing, holding, or brandishing
a firearm or similar weapon at someone who the person knows or has reason to know is a law-enforcement officer in such manner as to reasonably induce fear in the mind of another.
16105288D
Patron: Lingamfelter
Sale of firearms; persons not lawfully present in United States; penalty. Provides that the crime of selling, bartering, giving, or furnishing or possessing with the intent to sell, barter, give, or furnish a firearm to a person knowing that such person is prohibited from possessing or transporting a firearm because he is not lawfully present in the United States applies to assault firearms.
A BILL to amend and reenact § 18.2-308.2:1 of the Code of Virginia, relating to sale of firearms; persons not lawfully present in United States; penalty.16100102D
Patron: Lingamfelter
Transfer of assault weapon; proof of citizenship. Makes consistent the type of identification and other documentation that a purchaser of a firearm must present when purchasing any type of firearm from a licensed dealer by removing the additional requirement for the purchase of an assault weapon that a person who purchases such a weapon must present proof of citizenship. The bill does not alter the provisions prohibiting the sale of assault firearms to noncitizens who have not been lawfully admitted for permanent residence.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to transfer of assault weapon; proof of citizenship.16100103D
Patron: Hugo
Firefighter or emergency medical services personnel interrogation; observer. Allows firefighters or emergency medical services personnel subjected to an interrogation that could lead to dismissal, demotion, or suspension for punitive reason to have a retired member of the department present as an observer. Current law allows only current members of the department to be present. The bill changes the term current member to active member for consistency.
A BILL to amend and reenact § 9.1-301 of the Code of Virginia, relating to firefighter or emergency medical services personnel interrogation; observer.16101294D
Patron: Hugo
Disclosure of real-time location data in emergencies. Provides that an investigative or law-enforcement officer may obtain real-time location data from an electronic communication service or remote computing service provider when the officer believes that an emergency involving immediate danger to a person requires such disclosure and a warrant for such disclosure cannot be obtained in time, regardless of whether the service provider also believes that such disclosure is required by the emergency.
A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to disclosure of real-time location data in emergencies.16101883D
Patron: Albo
Stalking; penalty. Provides that a second offense of stalking committed within five years of a prior stalking conviction is punishable as a Class 6 felony. Under current law, a second offense of stalking only qualifies for the Class 6 penalty if the person convicted had also been convicted of certain offenses involving assaults or bodily woundings or of violating a protective order.
A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking; penalty.16103549D
Patron: Mason
Computer trespass; government computers and computers used for public utilities. Increases the Class 1 misdemeanor computer trespass crimes to a Class 6 felony if the computer targeted is one that is exclusively for the use of, or used by or for, the Commonwealth of Virginia, a local government within the Commonwealth, or certain public utilities.
A BILL to amend and reenact § 18.2-152.4 of the Code of Virginia, relating to computer trespass; government computers and public utilities.16101923D
Patron: Wilt
Mechanics' liens, amount of lien; nonresident notice requirements. Increases the amount of a mechanics' lien for repairs from $800 to $1,000. The bill also expands the locations in which notice of sale may be provided for nonresident owners to include websites operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either and local newspapers, either in print or on their websites. Under current law, the notice must be posted in three public places in the county or city where the property is located, with public place defined as a premises owned by the Commonwealth, a political subdivision thereof, or an agency of either that is open to the general public.
A BILL to amend and reenact §§ 43-32, 43-33, 43-34, 46.2-644.01, 46.2-644.02, and 46.2-644.03 of the Code of Virginia, relating to mechanics' liens, amount of lien; nonresident notice requirements.16101410D
Patron: Greason
Unclaimed property; payment of property of deceased owner. Provides a means for the State Treasurer to pay unclaimed property of a deceased owner to a claimant who provides certain evidence of his entitlement to payment, including (i) a certificate of qualification as the executor or an order of appointment as the administrator or personal representative of the decedent's estate; (ii) an affidavit authorizing the claimant to be the designated successor under the Small Estate Act that names the claimant as the designated successor; or (iii) the order of distribution or the final accounting for a closed estate that reflects payment is due in whole or in part to the claimant. If no such evidence is available and the owner of the property died at least one year prior to the filing of the claim and the amount claimed is $15,000 or less, the claimant may submit an affidavit stating his claim to the property, and the State Treasurer may approve and pay such claim at his discretion. The bill directs the State Treasurer to both promulgate a form explaining a person's right to make a claim for property delivered in the Commonwealth where a reported owner is deceased and publish the form to the State Treasurer's website.
A BILL to amend and reenact § 55-210.20 of the Code of Virginia, relating to unclaimed property; payment of property of deceased owner.16100475D
Patron: Gilbert
Violation of protective order; firearm or other deadly weapon; penalty. Provides that any person who violates any provision of certain protective orders while armed with a firearm or other deadly weapon is guilty of a Class 6 felony.
A BILL to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to violation of protective order; possession of a firearm or other deadly weapon; penalty.16104234D
Patron: Webert
Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, Department of Social Services, Virginia Port Authority, Officer of the State Inspector General, or any institution of higher education. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof. This bill incorporates HB 593.
A BILL to amend and reenact § 29.1-501 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-601.2, relating to regulation of firearms by state entities.16104695D
Patron: Villanueva
Automatic notification of registration of sex offenders; common interest communities. Provides that the association for a common interest community may request and receive from the State Police notice of the registration or reregistration of sex offenders whose registered address is in the same or a contiguous zip code as that of the common interest community.
A BILL to amend and reenact § 9.1-914 of the Code of Virginia, relating to automatic notification of registration of sex offenders; common interest communities.16102842D
Patron: Filler-Corn
Department of Criminal Justice Services; trauma-informed sexual assault investigation training. Requires the Department of Criminal Justice Services to develop and provide curriculum and multidisciplinary training on trauma-informed sexual assault investigation for law-enforcement personnel, campus security personnel, attorneys for the Commonwealth, Title IX coordinators and investigators, victim advocates, counselors, and forensic nurses.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department and Board of Criminal Justice Services; powers and duties; trauma-informed sexual assault investigation.16105452D
Patron: Hester
Operation of a child welfare agency without a license; child abuse and neglect; penalty. Provides that operating or engaging in the conduct of a child welfare agency without first obtaining a license when it is known that such license is required or after such license has been revoked or has expired constitutes a willful act or omission for purpose of the crime of abuse and neglect of a child. Under current law, a parent, guardian, or other person responsible for the care of a child who by willful act or omission causes or permits serious injury to the life or health of such child is guilty of abuse and neglect of a child, which is punishable as a Class 4 felony.
A BILL to amend and reenact § 18.2-371.1 of the Code of Virginia, relating to operating a child welfare agency without a license; abuse and neglect of child; penalty.16105364D
Patron: Lingamfelter
School security officers; carrying a firearm. Authorizes a school security officer to carry a firearm in the performance of his duties if he is a retired law-enforcement officer and the local school board grants him the authority to carry a firearm in the performance of his duties.
A BILL to amend and reenact §§ 18.2-308.1 and 22.1-280.2:1 of the Code of Virginia, relating to school security officers; carrying a firearm.16104073D
Patron: Knight
Judicial Retirement System; mandatory judicial retirement. Broadens the age 73 mandatory retirement provision to include all judges regardless of when elected by the General Assembly.
A BILL to amend and reenact § 51.1-305 of the Code of Virginia and to repeal the third enactment of Chapter 762 and the third enactment of Chapter 773 of the Acts of Assembly of 2015, relating to mandatory judicial retirement.16104153D
Patron: Hugo
Carrying concealed weapons; exception for certain retired officers. Decreases from 15 to 10 the number of years of service required for certain retired officers to be exempt from the prohibition on carrying a concealed weapon.
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 carrying concealed weapons; exception for certain retired officers.16104312D