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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
Clerk: Maribeth Lacy
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 29, 2016
Time and Place: Monday, 8:00 a.m. 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: LaRock
Passing stopped school buses; mailing of summons. 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.
A BILL to amend and reenact § 46.2-844 of the Code of Virginia, relating to passing stopped school buses; mailing of summons.16103068D
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: Albo
Hearsay; exception; children; abuse and neglect. Establishes a hearsay exception to certain out-of-court statements made by a child under the age of 13 in sexual abuse, physical violence, or neglect cases. The court must hold a hearing prior to trial and find that the time, content, and totality of the circumstances provide sufficient indicia of reliability so as to render it inherently trustworthy. The bill provides factors for the court to consider in making such a determination. Notice of intent to offer the statement and the particulars of the statement must be given to the adverse party at least 14 days in advance of the proceedings.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-268.3, relating to hearsay exceptions regarding the admissibility of statements by children in certain cases.16104454D
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: Yancey
Confidentiality of information about victims of certain crimes. Provides that, in order to ensure the safety of any adult or child victim of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1 and their families, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services by limiting the disclosure of information about such victims. The bill also clarifies that a person is a victim for purposes of such confidentiality and privacy protections regardless of whether any person has been charged with or convicted of any offense. The bill also provides that an alleged abuser of a minor or incapacitated person or of the minor's other parent may not consent to the release of confidential information. This bill incorporates HB 554.
A BILL to amend and reenact § 63.2-104.1 of the Code of Virginia, relating to confidentiality of information about victims of certain crimes.16104597D
Patron: Head
Limited standing to seek injunctive relief against manufacturing companies. Provides that no action shall be initiated or maintained to enjoin the continued use and operation of a previously existing manufacturing company solely on the basis of a claimant's use of a public park, recreational facility, or playground or public greenway. The bill does not limit actions brought by the Commonwealth, a locality, or another entity designated by the locality to have authority over the operation of a public park, recreational facility, or playground.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.13, relating to limited standing to seek injunctive relief against manufacturing companies.16105024D
Patron: Landes
Warrantless arrest; certain cases. Allows a law-enforcement officer to make warrantless arrests for misdemeanors not committed in the officer's presence involving (i) reckless handling of a firearm; (ii) trespass on property where hunting, trapping, or fishing has been prohibited; or (iii) killing deer by use of certain lights when any such arrest is based on probable cause upon personal investigation.
A BILL to amend and reenact § 19.2-81, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to warrantless arrest; certain cases.16105520D
Patron: Yost
Criminal defendants; evaluation for insanity or competence. Sets qualifications for persons who conduct evaluations of criminal defendants where there is an issue of sanity or competency to stand trial. Evaluators will be required to send redacted copies of their reports to the Commissioner of Behavioral Health and Development Services for peer review in order to establish and maintain the list of approved evaluators.
A BILL to amend and reenact §§ 19.2-168.1, 19.2-169.1, and 19.2-169.5 of the Code of Virginia, relating to qualifications of forensic evaluators for certain criminal defendants.16101381D
Patron: Campbell
Protective orders; contacts. Provides that an emergency protective order may prohibit the respondent from being in the physical presence of the petitioner or the petitioner's family or household members. The bill provides that the term "physical presence" includes (i) intentionally maintaining direct visual contact with the petitioner or (ii) being within 100 feet from the petitioner's residence or place of employment.
A BILL to amend and reenact §§ 16.1-253.4 and 19.2-152.8 of the Code of Virginia, relating to protective orders; contacts; physical presence.16104667D
Patron: Bell, Richard P.
Child welfare mandates. Imposes certain mandates related to the protection and encouragement of children, including a requirement that certain information and options be given to a child in connection with foster care plans, the imposition of certain age-appropriate restrictions, and requirements of both the courts and the Department of Social Services regarding foster care plans. The bill adds to the definition of abused or neglected child any child who has been identified as a victim of sex trafficking or severe forms of trafficking as defined by the federal law.
A BILL to amend and reenact §§ 16.1-228, 16.1-281, 16.1-282.1, 63.2-100, as it is currently effective and as it shall become effective, 63.2-904, 63.2-905.2, 63.2-906, 63.2-908, and 63.2-1502 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-905.3, relating to child welfare mandates.16101843D
Patron: Bell, Robert B.
Discharge from involuntary admission; advance directive. Requires that, prior to the release from involuntary admission or discharge from involuntary admission to mandatory outpatient treatment of an individual who has not executed an advance directive, the individual be given a written explanation of the procedures for executing an advance directive and an advance directive form.
A BILL to amend and reenact §§ 37.2-817, 37.2-837, and 37.2-838 of the Code of Virginia, relating to discharge from involuntary admission; advance directives.16102316D
Patron: Bell, Robert B.
Entering vehicle; interference with rights of owner. Provides that any person who, without the consent of the owner or other person in charge of a motor vehicle, enters into a motor vehicle occupied by such owner or other person with the intent to interfere with the rights of such owner or other person to use such vehicle free from interference is guilty of a Class 1 misdemeanor.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-146.1, relating to entering vehicle; interference with rights of owner; penalty.16105287D
Patron: Leftwich
Criminal defendants; orders for competency and sanity evaluations and hospitalization. Requires the clerk of court to provide a copy of the order for an evaluation for sanity, competency to stand trial, and competency restoration to the appointed evaluator or hospital as soon as practicable but no later than the close of business on the next business day following entry of the order. The evaluator or hospital must acknowledge receipt of the order to the clerk on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill also requires the same verification of receipt procedures for an order for psychiatric hospitalization of an inmate from a local correctional facility. The bill also provides that no person will be liable for any act or omission relating to any requirement in the bill unless the person was grossly negligent or engaged in willful misconduct.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-169.8, relating to orders for mental health evaluations and treatment of certain criminal defendants.16104828D
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: McClellan
Legal age for marriage; 18 years of age. Provides that both parties to a marriage must be 18 years of age or older or emancipated at the time of solemnization by removing exceptions that allow marriage at a minimum age of 16 with the consent of the parent or guardian or younger than 16 in the case of pregnancy and with the consent of the parent or guardian and provides that marriages entered into in violation of this law are void. The bill also allows a minor to petition the juvenile and domestic relations district court for emancipation based on such minor's desire to enter into a marriage. The bill provides that, to allow emancipation on such minor's desire to enter into a marriage, the court must make certain, written findings, including that it is the minor's own will to enter into the marriage, that the individuals to be married are mature enough to make a decision to marry, that the marriage will not endanger the safety of the minor, and that it is in the best interests of the minor to be emancipated.
A BILL to amend and reenact §§ 16.1-331, 16.1-333, 20-45.1, 20-48, and 20-89.1 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 16.1-333.1; and to repeal § 20-49 of the Code of Virginia, relating to legal age for marriage; emancipation petitions for minors intending to marry; written findings.
16105169D
Patron: Bell, Robert B.
Involuntary admission procedures. Provides that, as soon as practicable after being provided with the time and location of a commitment hearing, the community services board shall make a reasonable effort to notify the personal representative of the person who is the subject of the hearing and the spouse, parent, or adult child of such person. The bill also provides that any individual, including any individual who is given notice of the commitment hearing by the community services board, may testify and present evidence at the hearing and that the judge or special justice conducting the hearing shall consider any testimony of or evidence presented by such personal representative, spouse, parent, or adult child. 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 §§ 37.2-804.2, 37.2-814, and 37.2-817 of the Code of Virginia, relating to involuntary admission procedures.16105431D
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: Minchew
Department of Transportation; installation of broadband conduit on public highways. Allows the Department of Transportation to permit broadband service providers to install conduit capable of housing fiber optic cable to provide broadband service on public highways.
A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 2 of Title 33.2 a section numbered 33.2-280.1, relating to the Department of Transportation; right to permit broadband service provider to install broadband conduit on public highways.16105129D
Patron: Mason
Barrier crimes. Adds conviction or a finding that a person is not guilty by reason of insanity of any offense that results in the offender's requirement to register with the Sex Offender and Crimes Against Minors Registry to the list of crimes that constitute a barrier to licensure as a child welfare agency or assisted living facility, approval as a foster or adoptive parent by a child-placing agency, approval as a family day home by a family day system, or employment or serving as a volunteer at a children's residential facility, assisted living facility, adult day care center, or child welfare agency.
A BILL to amend and reenact §§ 37.2-408.1, 63.2-1719, and 63.2-1726 of the Code of Virginia, relating to barrier crimes.16105183D
Patron: Mason
Electronic communications; contents; admissibility. Allows the provider of an electronic communication service or remote computing service to verify the authenticity of contents of electronic communications by providing an affidavit from the custodian of the written records and reports (or the person to whom the custodian reports) certifying that they are true and complete and prepared in the regular course of business. The bill would allow the contents of electronic communications to be admissible in evidence as a business record exception to the hearsay rule in any proceeding where such electronic communications are material and otherwise admissible. Under current law, the contents of the electronic communications are excluded from this process.
A BILL to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to the disclosure of electronic communication; verification and admissibility of contents.16101929D
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: Bell, Robert B.
Virginia Criminal Sentencing Commission; recidivism rate for certain released federal prisoners; report. Directs the Virginia Criminal Sentencing Commission to calculate annually the recidivism rate of federal prisoners released by the U.S. Bureau of Prisons whose sentences were retroactively reduced pursuant to changes in the federal sentencing guidelines for crimes committed by such prisoners in the Commonwealth. The Commission shall report the annually calculated recidivism rate to the Chairmen of the House and Senate Committees for Courts of Justice by December 31 of each year or, if the Commission was unable to acquire the necessary information to perform the calculation, the Commission shall report any information regarding such recidivism rate that the Commission was able to acquire. The bill has an expiration date of January 1, 2018.
A BILL to direct the Virginia Criminal Sentencing Commission to calculate and report the recidivism rate for certain released federal prisoners.16103519D
Patron: Bell, Robert B.
Temporary detention; notice of recommendation; communication with magistrate. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, information provided by the person who initiated emergency custody. The bill also requires the community services board evaluating a person for temporary detention, if the evaluator recommends that the person not be subject to temporary detention, (i) to notify, if present, the person who initiated emergency custody of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to promptly inform the person who initiated emergency custody that the community services board will facilitate communication between such person and the magistrate if such person disagrees with the recommendation of the community services board; and (iii) to arrange for the person who initiated emergency custody to communicate, upon request, with the magistrate as soon as practicable prior to the expiration of the period of emergency custody. 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.16105432D
Patron: Spruill
Expungement of police and court records; costs. Provides that any costs paid by a person who petitions for the expungement of police and court records related to a crime of which the person was acquitted or the charge of which was otherwise dismissed shall be refunded to such person if the petition is granted.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records; fees.16104795D
Patron: Bell, Robert B.
Physical evidence recovery kits. Establishes a comprehensive procedure for the collection and analysis of physical evidence recovery kits for victims of sexual assault, including those who elect at the time of the exam not to report a sexual assault to a law-enforcement agency. Kits from victims who elect not to report are known as "anonymous physical evidence recovery kits" and will be stored at the Division of Consolidated Laboratory Services (the Division) for two years, although the Division, the victim, or the law-enforcement agency may elect for the kits to be retained for a longer period of time. If the victim later elects to report the sexual assault, the victim's kit will be released to law enforcement. Health care providers are required to explain these procedures and time frames to victims. Where the victim elects to report the offense to law enforcement at the time of the exam, law enforcement is required to take possession of the victim's kit forthwith upon notification from the health care provider that the kit has been collected and, with limited exceptions, to submit the kit to the Department of Forensic Science for analysis within 60 days. The bill outlines the exceptions to mandatory submission for analysis, time frames, and storage requirements for retention of analyzed samples; expungement of DNA samples obtained but not connected to a crime; and victims' notification rights. This bill incorporates HB 1158.
A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 1.2, consisting of sections numbered 19.2-11.5 through 19.2-11.11, relating to the collection, storage, and analysis of physical evidence recovery kits from victims of sexual assault offenses.16105473D
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
Patron: Albo
Minors; education records; evidence. Provides that in any proceeding where a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult on school property, property solely being used for a school-related or school-sponsored activity, or a school bus, the juvenile may introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the delinquent act that relates to certain educational plans or behavioral assessments. The bill provides that such documents shall be admitted as evidence of the facts stated therein, provided that the minor gives notice of his intent to introduce such evidence and copies of such evidence to the attorney for the Commonwealth at least 14 days before trial. The bill allows such reports or documents to be placed under seal by the court. This bill incorporates HB 1200.
A BILL to amend the Code of Virginia by adding a section numbered 16.1-274.2, relating to minors; education records; evidence.16104986D
Patron: Adams
Assault and battery of Department of Corrections investigators; penalty. Adds employees of the Department of Corrections who have been designated by the Department to conduct internal investigations to the definition of law-enforcement officer for purposes of the crimes of assault and battery. The current punishment for assault and battery against a law-enforcement officer engaged in the performance of his public duties is a Class 6 felony with a six-month mandatory minimum sentence.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of Department of Corrections investigators; penalty.16100639D
Patron: Head
Excursion trains; certification requirements; liability of railroad company. Removes the requirement that a passenger train be operated primarily in Buchanan, Campbell, or Washington Counties in order to be certified as an excursion train. The bill further removes the requirement that a locality pass a resolution to immunize a railroad company, upon which an excursion train operates, from liability for personal injury or wrongful death arising from the operation of the excursion train.
A BILL to amend and reenact §§ 46.2-2099.41 and 46.2-2099.42 of the Code of Virginia, relating to excursion trains; certification requirements; liability of railroad company.16103584D
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
Patron: Cline
Assault and battery against a family or household member; first offense; education and treatment programs. Requires a court to order a person placed on first offender status for assault and battery against a family or household member (i) be placed with a local community-based probation services agency and complete all education and treatment programs required by the agency or (ii) complete any education or treatment program that the court determines is best suited to the needs of the person. Under current law, the court may order that the person complete such education or treatment programs, but is not required to do so.
A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.16104628D
Patron: Pillion
Smoking in motor vehicles; presence of minor under age eight; civil penalty. Provides that any person who smokes in a motor vehicle, whether in motion or at rest, when a minor under the age of eight is in the motor vehicle is subject to a civil penalty of $100. The offense may be charged on a uniform traffic summons. The bill provides that such violation is a secondary offense.
A BILL to amend the Code of Virginia by adding a section numbered 46.2-112.1, relating to smoking in motor vehicles; presence of minor under age eight; civil penalty.16105404D
Patron: Albo
Appointment; Chairman of the Virginia Criminal Sentencing Commission. Confirms the appointment by the Chief Justice of the Supreme Court of Virginia of the Honorable Edward L. Hogshire as Chairman of the Virginia Criminal Sentencing Commission.
Confirming the appointment by the Chief Justice of the Supreme Court of Virginia of the Chairman of the Virginia Criminal Sentencing Commission.16100014D