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2016 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Staff: J. French, M. Felch, K. Walsh
Date of Meeting: March 2, 2016
Time and Place: Senate Room B 15 Minutes after Senate Adj.
Updated to add SR 42 and SR 43

H.B. 404

Patron: Bulova

Equitable distribution; transfer of separate property. Provides that the court, upon a finding that the separate property of one party is in the possession or control of the other party, may order the separate property to be transferred to the party whose separate property it is.

A BILL to amend and reenact § 20-107.3 of the Code of Virginia, relating to equitable distribution; transfer of separate property.

16102268D

H.B. 434

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

H.B. 485

Patron: McClellan

Assault; family or household member.  Provides that a first offense of simple assault against a family or household member may be subject to deferral and dismissal. Under current law, first offender status is only available to a person who commits assault and battery against a family or household member.

A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to assault against a family or household member.

16104690D

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 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

H.B. 811

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

H.B. 815

Patron: Miller

Method of execution. Provides that if the Director of the Department of Corrections certifies that lethal injection is not available as a method of execution, electrocution shall be used instead, and vice versa.

A BILL to amend and reenact § 53.1-234 of the Code of Virginia, relating to method of execution.

16101602D

H.B. 1149

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

H.B. 1150

Patron: Ward

Willful failure to pay wages; penalty. Clarifies that wages owed to more than one employee may be aggregated in determining whether an employer's willful failure to pay wages is a misdemeanor or a felony. Currently, an employer who willfully and with intent to defraud fails or refuses to pay wages is guilty of a Class 1 misdemeanor if the value of the unpaid wages is less than $10,000 and a Class 6 felony if the value of the unpaid wages is $10,000 or more.

A BILL to amend and reenact § 40.1-29 of the Code of Virginia, relating to employers who willfully fail to pay wages; penalty.

16104971D

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. 1197

Patron: Stolle

Internet publication of personal information of law-enforcement officers; penalty. Provides that it is a Class 1 misdemeanor for any person to publish, sell, solicit, or trade on the Internet the personal information of any law-enforcement officer or his immediate family member knowing that he is a law-enforcement officer and with the intent to cause imminent bodily harm or the threat of imminent bodily harm to such individual.

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 Internet publication of personal information of law-enforcement officers; penalty.

16105289D

H.B. 1328

Patron: Cline

Unfaithful delegates; penalty. Provides that an individual representing the Commonwealth at a convention for proposing amendments to the United States Constitution called pursuant to Article V of the United States Constitution who knowingly and intentionally votes for a proposed amendment that is outside the scope of the application calling for the convention is guilty of a Class 5 felony.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 18.2 a section numbered 18.2-485.1, relating to unfaithful delegates; penalty.

16104146D

H.B. 1330

Patron: Garrett

Private police departments; successors in interest. Allows a successor in interest of an entity authorized by statute or an act of assembly to establish and operate a private police department to establish and operate a private police department.

A BILL to amend and reenact § 9.1-101, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to private police departments; successors in interest.

16104219D

S.R. 42

Patron: Obenshain

Nominating a person to be elected as a justice of the Supreme Court of Virginia.

  Nominating a person to be elected as a justice of the Supreme Court of Virginia.

16104761D

S.R. 43

Patron: McDougle

Nominating a person to be elected to the Court of Appeals of Virginia.

   Nominating a person to be elected to the Court of Appeals of Virginia.

16105403D