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2017 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Chad Starzer, E. Greenwood
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 16, 2017
Time and Place: 8:00 am Senate Room B
Updated to add SB1278

S.B. 782 Same-sex marriages; civil unions.

Patron: Ebbin

Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

A BILL to repeal §§ 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.

17100125D

S.B. 790 Crimes against law-enforcement officers, firefighters, and other emergency personnel; penalty.

Patron: Cosgrove

Crimes against law-enforcement officers, firefighters, and other emergency personnel; penalty. Eliminates, for the crime of capital murder of a law-enforcement officer or fire marshal, the element that the killing must be committed for the purpose of interfering with the performance of the victim's official duties for the defendant to be guilty of the crime. For the crimes of (i) malicious or unlawful wounding of a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel and (ii) assault or assault and battery of a judge, magistrate, law-enforcement officer, correctional officer, firefighter, emergency medical services personnel, or certain other employees of custodial facilities, the bill eliminates the element that the victim must be engaged in the performance of his public duties for the defendant to be guilty of such crimes.

A BILL to amend and reenact §§ 18.2-31, 18.2-51.1, and 18.2-57 of the Code of Virginia, relating to crimes against law-enforcement officers, firefighters, and other emergency personnel; penalty.

17100181D

S.B. 794 City of Chesapeake; pilot program for problem-solving docket.

Patron: Cosgrove

City of Chesapeake; pilot program for problem-solving docket. Authorizes the City of Chesapeake to establish a pilot program to promote public safety and reduce recidivism by creating a problem-solving docket to address substance abuse, mental illness, issues unique to military service experienced by veterans, and issues related to previously incarcerated persons. The bill directs the Department of Behavioral Health and Developmental Services, the Department for Aging and Rehabilitative Services, and the Department of Veterans Services to provide assistance to the City of Chesapeake as requested. The bill provides for the City of Chesapeake to report on the pilot program to the Commissioners of the assisting agencies on or before November 30, 2018. The bill has an expiration date of July 1, 2019.

A BILL to authorize the City of Chesapeake to establish as a pilot program a problem-solving docket.

17100341D

S.B. 796 Police and court records; expungement of certain charges and convictions.

Patron: McDougle

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation.

A BILL to amend and reenact §§ 19.2-392.2 and 19.2-392.4 of the Code of Virginia, relating to expungement of certain offenses.

17100310D

S.B. 797 Competency to stand trial; evaluations.

Patron: McDougle

Competency to stand trial; evaluations. Allows the court on its own motion or that of either party to request an additional evaluation of the defendant's competency to stand trial after receipt of the first competency evaluation.

A BILL to amend and reenact § 19.2-169.1 of the Code of Virginia, relating to competency to stand trial; evaluations.

17100312D

S.B. 807 Judges; reduces number in circuit courts in the Twenty-first and Twenty-second Circuits.

Patron: Stanley

Circuit courts; number of circuit court judges in the Twenty-first and Twenty-second Circuits. Reduces the maximum number of circuit court judges in the Twenty-second Circuit from five to four and removes the provision for the future reduction in the number of circuit court judges in the Twenty-first Circuit from three to two. The bill also removes the requirement that the Judicial Council study and report on the need for additional judges before a new judgeship may be created.

A BILL to amend and reenact § 17.1-507 of the Code of Virginia and to repeal the second enactment of Chapter 812 and the second enactment of Chapter 822 of the Acts of Assembly of 2014, relating to number of circuit court judges in the Twenty-first and Twenty-second Circuits.

17100783D

S.B. 811 Law-enforcement officers; de-escalation training requirement.

Patron: Favola

Law-enforcement officer training; de-escalation training requirement. Adds a requirement for training in de-escalation techniques to the compulsory training standards developed by the Department of Criminal Justice Services for basic training and recertification of law-enforcement officers.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to law-enforcement officer training; de-escalation training requirement.

17100231D

S.B. 814 Foreign business entities; services of summons for witness or subpoena duces tecum.

Patron: Surovell

Services of summons for witness or subpoena duces tecum on foreign business entities. Allows the court to enforce compliance with a summons for witness or a subpoena duces tecum served on the registered agent of a foreign business entity registered with the State Corporation Commission to transact business in the Commonwealth, regardless of whether the foreign business entity is a party to the underlying case. This bill is in response to the Supreme Court of Virginia decision in Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., Record No. 140242, 770 S.E.2d 440 (2015) and is a recommendation of the Boyd-Graves Conference.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 14 of Title 8.01 a section numbered 8.01-410.1, relating to service of summons for witness or subpoena duces tecum on registered agent of a foreign business entity.

17100731D

S.B. 817 Restricted driver's license; purposes.

Patron: Surovell

Restricted driver's license; purposes. Adds travel to and from a job interview to the list of purposes for the issuance of a restricted driver's license.

A BILL to amend and reenact § 18.2-271.1 of the Code of Virginia, relating to the issuance of a restricted driver's license for traveling to a job interview.

17100656D

S.B. 823 Service of process; multifamily residential real estate and common interest communities.

Patron: Wexton

Service of process; multifamily residential real estate and common interest communities. Requires an employee or agent of an owner of multifamily residential real estate or a common interest community to grant entry into such property to a person attempting to execute service on a person who resides in, occupies, or is known to be present in such property.

A BILL to amend and reenact §§ 8.01-296, 8.01-299, 8.01-320, 8.01-511, 16.1-264, 20-61.3, 20-99, and 46.2-416 of the Code of Virginia, relating to service of process; multifamily residential real estate and common interest communities.

17100201D

S.B. 833 Fines and court costs; community work in lieu of payment.

Patron: Sturtevant

Community work in lieu of payment of fines and court costs. Extends to non-jailed defendants a program allowing community service in lieu of payment of fines and court costs.

A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to authority of court to order community work in lieu of payment of fines and costs.

17100385D

S.B. 848 Naloxone; dispensing for use in opioid overdose reversal, etc.

Patron: Wexton

Dispensing of naloxone. Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to § 54.1-3423 to dispense naloxone to a person who has completed a training program on the administration of naloxone for opioid overdose reversal, provided that such dispensing is (i) pursuant to a standing order issued by a prescriber,(ii) in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, and (iii) without charge or compensation. The bill also provides that a person who dispenses naloxone shall not be liable for civil damages of ordinary negligence for acts or omissions resulting from the rendering of such treatment if he acts in good faith and that a person to whom naloxone has been dispensed pursuant to the provisions of the bill may possess naloxone and may administer naloxone to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.

A BILL to amend and reenact §§ 8.01-225 and 54.1-3408 of the Code of Virginia, relating to dispensing of naloxone.

17100988D

S.B. 867 Lien against person whose negligence causes injury; emergency medical services agency.

Patron: Stuart

Lien against person whose negligence causes injury; emergency medical services agency. Clarifies that whenever any person sustains personal injuries caused by the alleged negligence of another and receives emergency medical services and transportation provided by an emergency medical services vehicle, the emergency medical services provider or agency shall have a lien for the amount of a just and reasonable charge for the services rendered, not to exceed $200 for each emergency medical services provider or agency, on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries.

A BILL to amend and reenact § 8.01-66.2 of the Code of Virginia, relating to lien against person whose negligence causes injury; emergency medical services providers or agencies.

17101129D

S.B. 870 Electronic filing of land records; fee for paper filing.

Patron: Stuart

Electronic filing of land records; fee for paper filing. Provides that a clerk of a circuit court that has established an electronic filing system for land records may charge a fee not to exceed $5 per instrument for every land record filed by paper.

A BILL to amend and reenact § 17.1-258.3:1 of the Code of Virginia, relating to electronic filing of land records; fee for paper filing.

17102470D

S.B. 874 Attorney discipline; procedures.

Patron: Norment

Attorney discipline; procedures. Conforms the statutory procedures for disciplining attorneys to the Rules of Supreme Court of Virginia.

A BILL to amend and reenact § 54.1-3935 of the Code of Virginia, relating to attorney discipline; procedures.

17101075D

S.B. 879 Retired circuit court judges under recall; qualification by Committees for Courts of Justice.

Patron: Stuart

Retired circuit court judges under recall; qualification by Committees for Courts of Justice. Requires that retired circuit court judges sitting as substitutes be found qualified every three years by the Courts Committees instead of authorized by the Chief Justice.

A BILL to amend and reenact §§ 17.1-106, 17.1-302, 17.1-401, and 51.1-309 of the Code of Virginia, relating to retired circuit court judges under recall; qualification by Committees for Courts of Justice.

17103234D

S.B. 895 Inpatient psychiatric hospital admission; defendant found incompetent.

Patron: Marsden

Inpatient psychiatric hospital admission; defendant found incompetent. Removes the prohibition on inpatient psychiatric hospital admission for defendants who have already been ordered to receive treatment to restore their competency to stand trial.

A BILL to amend and reenact § 19.2-169.6 of the Code of Virginia, relating to inpatient psychiatric hospital admission; defendant found incompetent.

17101367D

S.B. 903 Uniform Fiduciary Access to Digital Assets Act.

Patron: Obenshain

Uniform Fiduciary Access to Digital Assets Act. Creates the Uniform Fiduciary Access to Digital Assets Act. The bill allows fiduciaries to manage digital property like computer files, web domains, and virtual currency, and restricts a fiduciary's access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015.

A BILL to amend and reenact § 64.2-1622 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 1 of Title 64.2 an article numbered 3.1, consisting of sections numbered 64.2-116 through 64.2-132; and to repeal Article 3 (§§ 64.2-109 through 64.2-115) of Chapter 1 of Title 64.2 of the Code of Virginia, relating to creation of the Uniform Fiduciary Access to Digital Assets Act.

17100085D

S.B. 913 Uniform Trust Decanting Act; creation.

Patron: Edwards

Uniform Trust Decanting Act; creation. Codifies the Uniform Trust Decanting Act, which governs a trustee's ability to distribute assets from one trust into a second trust.

A BILL to amend and reenact § 64.2-701 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 7 of Title 64.2 an article numbered 8.1, consisting of sections numbered 64.2-779.1 through 64.2-779.25; and to repeal § 64.2-778.1 of the Code of Virginia, relating to the Uniform Trust Decanting Act.

17100206D

S.B. 920 Lien priority.

Patron: Edwards

Lien priority. Inserts "real estate" in several places related to the priority of tax liens so that the operative language now reads "on a parity with liens for unpaid local real estate taxes."

A BILL to amend and reenact §§ 15.2-901, 15.2-906, 15.2-907, 15.2-908, 15.2-908.1, and 15.2-1115 of the Code of Virginia, relating to lien priority.

17102716D

S.B. 935 Inpatient psychiatric hospital admission; defendant found incompetent.

Patron: Lucas

Inpatient psychiatric hospital admission; defendant found incompetent. Removes the prohibition on inpatient psychiatric hospital admission for defendants who have already been ordered to receive treatment to restore their competency to stand trial.

A BILL to amend and reenact § 19.2-169.6 of the Code of Virginia, relating to inpatient psychiatric hospital admission; defendant found incompetent.

17101069D

S.B. 939 Line of Duty Act; death benefit eligibility; Department of Military Affairs employees.

Patron: Lucas

Line of Duty Act; death benefit eligibility; Department of Military Affairs employees. Confers eligibility for death benefits under the Line of Duty Act to all employees of the Department of Military Affairs not currently eligible for such benefits whose death is the direct or proximate result of the performance of official duties of the agency when those duties are related to a major disaster or emergency.

A BILL to amend and reenact § 9.1-400, as it shall become effective, of the Code of Virginia, relating to Line of Duty Act; death benefit eligibility; Department of Military Affairs employees.

17101617D

S.B. 945 Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner.

Patron: Obenshain

Examining and approving a statement in lieu of the settlement of accounts; fee for commissioner of accounts. Removes the provision that allows the commissioner of accounts to charge a fee of up to $75 for the examination and approval of a statement in lieu of the settlement of accounts. This bill is a recommendation of the Judicial Council.

A BILL to amend and reenact § 64.2-1314 of the Code of Virginia, relating to examining and approving a statement in lieu of the settlement of accounts; fee for commissioner of accounts.

17101701D

S.B. 1004 Judicial discretion for toll violations.

Patron: Ebbin

Judicial discretion for toll violations. Requires a court to consider extenuating circumstances in assessing civil penalties for toll violations.

A BILL to amend and reenact §§ 33.2-503 and 46.2-819 of the Code of Virginia, relating to judicial discretion for toll violations.

17100820D

S.B. 1052 Providing material support or resources to a designated terrorist organization; exemptions; penalty.

Patron: Howell

Providing material support or resources to a designated terrorist organization; exemptions; penalty. Provides that any person who provides material support or resources to an organization that has been designated by the U.S. Secretary of State as a foreign terrorist organization is guilty of a Class 3 felony. If such material support results in the death of any person, the penalty is increased to a Class 2 felony. The bill provides an exemption to those persons who provide such material support with the approval of the U.S. Secretary of State and U.S. Attorney General. The bill provides that its provisions do not preclude prosecution under any other statute.

A BILL to amend and reenact § 18.2-46.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-46.5:1, relating to providing material support or resources to designated terrorist organizations; penalty.

17101422D

S.B. 1055 Remaining at place of riot or unlawful assembly after warning to disperse; penalty.

Patron: Stuart

Remaining at place of riot or unlawful assembly after warning to disperse; penalty. Increases from a Class 3 to a Class 1 misdemeanor the penalty for failure to leave the place of any riot or unlawful assembly after having been lawfully warned to disperse.

A BILL to amend and reenact § 18.2-407 of the Code of Virginia, relating to remaining at place of riot or unlawful assembly after warning to disperse; penalty.

17103636D

S.B. 1056 Crossing established police lines, perimeters, or barricades; penalty.

Patron: Stuart

Crossing established police lines, perimeters, or barricades; penalty. Increases from a Class 3 misdemeanor to a Class 1 misdemeanor the crossing or remaining within lawfully established police lines or barricades without proper authorization.

A BILL to amend and reenact § 18.2-414.2 of the Code of Virginia, relating to crossing established police lines, perimeters, or barricades; penalty.

17101258D

S.B. 1057 Injuries to property or persons by persons unlawfully or riotously assembled; penalty.

Patron: Stuart

Injuries to property or persons by persons unlawfully or riotously assembled; penalty. Increases from a Class 6 felony to a Class 5 felony any injury to property or persons by any person unlawfully or riotously assembled.

A BILL to amend and reenact § 18.2-414 of the Code of Virginia, relating to injury to property or persons by persons unlawfully or riotously assembled; penalty.

17101259D

S.B. 1058 Riots; unlawful assembly; penalty.

Patron: Stuart

Riots; unlawful assembly; penalty. Provides that any person participating in a riot or unlawful assembly that blocks a public highway is guilty of a Class 6 felony and that any person who conspires with others to cause or produce a riot, or who directs, incites, or solicits other persons who participate in a riot, during which any other person is injured is guilty of a Class 4 felony in addition to any other penalty provided by law.

A BILL to amend and reenact §§ 18.2-405, 18.2-406, and 18.2-408 of the Code of Virginia, relating to the organization of riots and unlawful assemblies and blocking a public highway; penalty.

17101260D

S.B. 1060 Female genital mutilation; criminal penalty and civil action.

Patron: Black

Female genital mutilation; criminal penalty and civil action. Makes it a felony with a punishment of 20 years to life, five of which shall be a mandatory minimum, for any person to knowingly circumcise, excise, or infibulate the labia major, labia minora, or clitoris of a minor. The bill makes it a Class 2 felony for any parent or guardian charged with the care of a minor to consent to such circumcision, excision, or infibulation. The bill also provides a civil cause of action for any person injured by such circumcision, excision, or infibulation.

A BILL to amend the Code of Virginia by adding sections numbered 8.01-42.5 and 18.2-51.7, relating to female genital mutilation; criminal penalty and civil action.

17100724D

S.B. 1067 Assault and battery of private police officers; penalty.

Patron: Deeds

Assault and battery of private police officers; penalty. Adds private police officers employed by a private police department 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 private police officers; penalty.

17100523D

S.B. 1068 Defrauding certain entities; penalties.

Patron: Deeds

Defrauding certain entities; penalties. Provides that it is unlawful for a person, without paying for, and with the intent to cheat or defraud the owner or keeper, to gain entrance to a ski resort or to do so without having an express agreement for credit to procure food, entertainment, or accommodation from a ski resort. The bill also provides that it is unlawful, with the intent to cheat or defraud, to obtain credit at a ski resort through misrepresentation or false statement. The penalty is a Class 1 misdemeanor if the value received is less than $200 and a Class 5 felony if the value received is $200 or more.

A BILL to amend and reenact § 18.2-188 of the Code of Virginia, relating to defrauding certain entities; penalties.

17100551D

S.B. 1072 Sex offenses prohibiting proximity to children; penalty.

Patron: Deeds

Sex offenses prohibiting proximity to children; penalty. Includes in the list of certain sex offenses that prohibit a person from being within 100 feet or residing within 500 feet of a school or certain other property frequented by children or from working on school property any offense similar to such sex offenses under the laws of any foreign country or political subdivision thereof, any federally recognized Native American tribe or band, or the United States or any political subdivision thereof.

A BILL to amend and reenact §§ 18.2-370.2, 18.2-370.3, and 18.2-370.4 of the Code of Virginia, relating to sex offenses prohibiting proximity to children; penalty.

17101791D

S.B. 1090 Computer trespass; computer invasion of privacy; penalty; civil relief.

Patron: Sturtevant

Computer trespass; computer invasion of privacy; penalty; civil relief. Makes it a Class 5 felony for a person to maliciously install or cause to be installed a computer program that takes control of or restricts access to another computer or computer network, or data therein, and demand money or anything else of value to remove the computer program; restore control of or access to the computer or computer network, or data therein; or remediate the impact of the computer program. The bill adds medical information to the list of information that if obtained without authority constitutes computer invasion of privacy. The bill expands the private right of action for a person or property that is injured by a computer trespass.

A BILL to amend and reenact §§ 18.2-152.4, 18.2-152.5, and 18.2-152.12 of the Code of Virginia, relating to computer trespass and computer invasion of privacy for medical information; extortion; penalty; civil relief.

17101150D

S.B. 1138 Computer trespass; government computers and computers used for public utilities; penalty.

Patron: Mason

Computer trespass; government computers and computers used for public utilities; penalty. 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, 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; penalty.

17102278D

S.B. 1154 Providing material support or resources to a designated terrorist organization; exemptions; penalty.

Patron: Reeves

Providing material support or resources to a designated terrorist organization; exemptions; penalty. Provides that any person who provides material support or resources to an organization that has been designated by the U.S. Secretary of State as a foreign terrorist organization is guilty of a Class 3 felony. If such material support results in the death of any person, the penalty is increased to a Class 2 felony. The bill provides an exemption to those persons who provide such material support with the approval of the U.S. Secretary of State and U.S. Attorney General. The bill provides that its provisions do not preclude prosecution under any other statute.

A BILL to amend and reenact § 18.2-46.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-46.5:1, relating to providing material support or resources to designated terrorist organizations; penalty.

17100346D

S.B. 1174 Community work in lieu of payment for fines and court costs.

Patron: Obenshain

Community work in lieu of payment for fines and court costs. Provides that a court may permit an inmate to earn credits against any fines and court costs imposed against him by performing community service. Under current law, credits may be earned only before or after imprisonment.

A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to community work in lieu of payment for fines and court costs.

17103823D

S.B. 1189 Water and sewer services; liens; owners, lessees, or tenants.

Patron: Edwards

Water and sewer services; liens; owners, lessees, or tenants. Separates Code provisions regarding water and sewer services provided to lessees or tenants of real property from Code provisions regarding water and sewer services provided to owners of real property. The bill removes a locality's authority to waive a required written authorization by an owner for water or sewer services provided by a locality to a lessee or tenant. A copy of the lease between the lessee or tenant and the owner is acceptable authorization.

The bill provides that no lien can be placed on the property of an owner when a lessee or tenant has delinquent fees for water or sewer charges until the locality has made reasonable collection efforts and practices including (i) applying the security deposit to the payment of the outstanding balance and (ii) either filing for the Setoff Debt Collection Program (§ 58.1-520 et seq.) or placing the account with a debt collection service. A lien against the lessee or tenant shall rank on a parity with a lien for unpaid taxes. When a locality does not require a security deposit from a lessee or tenant to obtain water and sewer services, the locality shall waive its lien rights against the property owner.

The bill also authorizes the locality or authority to provide a partial credit where excessive water and sewer charges result from an intentional cause. A locality or authority cannot deny service to a new lessee or tenant when there are unpaid fees for services to a previous lessee or tenant unless a lien against the property owner is placed on the property.

A BILL to amend and reenact §§ 15.2-2119, 15.2-2119.1, 15.2-2122, and 15.2-5139 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2119.4, relating to water and sewer liens; lessee or tenant.

17103817D

S.B. 1217 Negotiable instruments; statute of limitations.

Patron: Chafin

Negotiable instruments; statute of limitations. Provides that the provisions of the Uniform Commercial Code establishing a six-year limitations period on actions to enforce the obligation of a party to pay the instrument apply to negotiable and non-negotiable certificates of deposit.

A BILL to amend and reenact §§ 8.3A-118 and 8.3A-118.1 of the Code of Virginia, relating to negotiable instruments; statute of limitations; certificates of deposit.

17101945D

S.B. 1241 Female genital mutilation; criminal penalty and civil action.

Patron: Dunnavant

Female genital mutilation; criminal penalty and civil action. Makes it a felony with a punishment of 20 years to life, five of which shall be a mandatory minimum, for any person to knowingly circumcise, excise, or infibulate the labia major, labia minora, or clitoris of a minor. The bill makes it a Class 2 felony for any parent or guardian charged with the care of a minor to consent to such circumcision, excision, or infibulation. The bill also provides a civil cause of action for any person injured by such circumcision, excision, or infibulation.

A BILL to amend the Code of Virginia by adding sections numbered 8.01-42.5 and 18.2-51.7, relating to female genital mutilation; criminal penalty and civil action.

17102935D

S.B. 1278 Discretionary sentencing guideline midpoints; possession of child pornography.

Patron: McDougle

Discretionary sentencing guideline midpoints; possession of child pornography. Raises the midpoint of the recommended sentencing range for possession of child pornography by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; and (iii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more. The bill also requires a court that imposes a sentence that is less than the midpoint of the sentencing guidelines to review all child pornography possessed by the defendant.

A BILL to amend and reenact § 19.2-298.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 17.1-805.1, relating to discretionary sentencing guideline midpoints; possession of child pornography.

17101927D