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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 18, 2017
Time and Place: 15 Minutes after adjournment Senate Room B

S.B. 791 Concealed handgun permits; fee for processing.

Patron: Chase

Fees for concealed handgun permits. Makes the $10 fee that the clerk of court is now required to charge for processing a concealed handgun permit application or issuing a concealed handgun permit discretionary with the clerk.

A BILL to amend and reenact § 18.2-308.03 of the Code of Virginia, relating to fees for concealed handgun permits.

17100369D

S.B. 809 Firearms; person to report loss or theft within 24 hours.

Patron: Favola

Reporting lost or stolen firearms. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a $50 civil penalty for a first offense and a civil penalty of not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from such loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5, relating to reporting lost or stolen firearms.

17100905D

S.B. 831 Marijuana; manufacture or possession, accommodation to another individual, penalty.

Patron: DeSteph

Manufacture of marijuana; accommodation; penalty. Provides that a person who proves that he manufactured marijuana or possessed marijuana with the intent to manufacture marijuana only as an accommodation to another individual who is not an inmate in a correctional facility, and without the intent to profit from such manufacture or possession with the intent to manufacture or to induce the recipient or intended recipient of the marijuana to use or become dependent upon marijuana, is guilty of a Class 1 misdemeanor. Currently, manufacturing marijuana or possessing marijuana with the intent to manufacture marijuana is a felony punishable by imprisonment of five to 30 years regardless of the person's intent.

A BILL to amend and reenact § 18.2-248.1 of the Code of Virginia, relating to manufacture of marijuana; accommodation; penalty.

17100486D

S.B. 832 Firearm transactions; voluntary background checks, clarification of provisions.

Patron: DeSteph

Firearm transactions; voluntary background checks; clarification. Clarifies the provisions that apply to voluntary background checks performed at a firearms show by translating the Latin term of art mutatis mutandis into English.

A BILL to amend and reenact § 54.1-4201.2 of the Code of Virginia, relating to firearm transactions; voluntary background checks; clarification.

17100017D

S.B. 865 Furnishing certain weapons to minor; exemption.

Patron: Stuart

Furnishing certain weapons to minor; exemption. Exempts the transfer of a dirk, switchblade knife, or bowie knife between family members or for the purpose of engaging in a sporting event or activity from the current prohibition against selling, bartering, giving, or furnishing such weapons to a minor.

A BILL to amend and reenact § 18.2-309 of the Code of Virginia, relating to prohibition against furnishing dirk, switchblade knife, or bowie knife to minor; exemption.

17100757D

S.B. 889 Concealed handgun permit fees; exemptions; retired probation and parole officers.

Patron: Chafin

Concealed handgun permit fees; exemptions; retired probation and parole officers. Exempts retired probation and parole officers who have completed 15 years of service from concealed handgun permit application fees.

A BILL to amend and reenact § 18.2-308.03 of the Code of Virginia, relating to concealed handgun permit fees; exemptions; retired probation and parole officers.

17100219D

S.B. 893 Firearm locks required for sale or transfer of handguns; warning against accessibility to children.

Patron: Howell

Firearm locks required for sale or transfer of handguns; warning against accessibility to children; penalty. Makes it unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person (i) other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun, or (ii) unless the handgun is accompanied by a warning, in conspicuous and legible type in capital letters printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun, that handguns should be locked and kept away from children and that there may be civil and criminal liability for failing to do so. There are exceptions for law-enforcement and governmental agencies.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-56.3, relating to firearm locks required for sale or transfer of handguns; penalty.

17100525D

S.B. 904 Concealed handgun permit; Workers' Compensation commissioner or deputy commissioner exempt.

Patron: Obenshain

Concealed handgun permit; Workers' Compensation commissioner or deputy commissioner exempt. Provides that a commissioner or deputy commissioner of the Workers' Compensation Commission may carry a concealed handgun throughout the Commonwealth without a permit.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed weapon; exemption; Workers' Compensation Commissioners and deputies.

17100985D

S.B. 915 Firearm transfers; penalties.

Patron: Edwards

Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, to personal friends, by inheritance, by operation of law, or for a temporary purpose.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.

17100512D

S.B. 953 Muzzleloader firearms; definition.

Patron: Ruff

Muzzleloader firearms; definition. Incorporates the Virginia criminal law definition of a muzzleloader into the current statutory definitions of muzzleloading pistol, muzzleloading rifle, and muzzleloading shotgun located in the Game and Inland Fisheries Title.

A BILL to amend and reenact § 29.1-100 of the Code of Virginia, relating to muzzleloader firearms.

17102126D

S.B. 1023 Concealed handgun permits; sharing of information.

Patron: Stuart

Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action.

A BILL to amend and reenact §§ 18.2-308.07 and 18.2-308.014 of the Code of Virginia, relating to concealed handgun permits; access to Virginia Criminal Information Network.

17100509D

S.B. 1039 Protective orders; possession of firearms; felony.

Patron: Howell

Protective orders; possession of firearms; felony. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. The bill also requires that any person who is prohibited from possessing a firearm because he is subject to a permanent protective order certify in writing to the clerk of the court that issued the order within 48 hours after being served with the order that any firearm in his possession has been sold or transferred.

A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to protective orders; possession of firearms; felony.

17101808D

S.B. 1049 Firearms; administration of machine gun registry, nonresident concealed handgun permits.

Patron: Edwards

Firearms; administration of machine gun registry, nonresident concealed handgun permits, and criminal history record checks. Requires any person registered to possess a machine gun to notify the Department of State Police (the Department) of a change of address within 30 days of such change. The bill reduces the number of photographs that an applicant for a nonresident concealed handgun permit must submit from two to one. The bill requires the form provided by the Department for a dealer to obtain criminal history record information for a firearm purchase to include a question about whether the proposed purchaser has been the subject of a temporary detention order and subsequently agreed to voluntary admission to a state facility. Current law prohibits such persons from purchasing, possessing, or transporting a firearm and provides that other mental health disqualifications be disclosed on such form. The bill requires firearms dealers to comply with the federal minimum wait time of three days after contacting the system for a background check before releasing a firearm without an approval number; under existing state law, such firearm must be released after one business day without an approval number. The bill removes the option under state law for a dealer to complete a sale if notified that a response will not be available by the end of the dealer's next business day and removes the requirement that the Department notify the dealer of such delay. The bill removes the requirement that the dealer mail the criminal history record check consent form for a person who is not a resident of Virginia to the Department.

A BILL to amend and reenact §§ 18.2-295, 18.2-308.06, and 18.2-308.2:2 of the Code of Virginia, relating to firearms; administration of machine gun registration, nonresident concealed handgun permits, and criminal history record checks.

17101615D

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. 1065 Judges; increases number in district court in 25th Judicial District.

Patron: Deeds

General district court judges; 25th Judicial District. Increases from three to four the number of judges in the general district court of the 25th Judicial District effective July 1, 2017. Current law creates this seat effective July 1, 2018.

A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, as it is currently effective, relating to number of general district court judges; 25th Judicial District.

17101406D

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. 1112 Firearms; control of possession in chambers of local governing bodies.

Patron: Edwards

Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of such local governing body, provided notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.

A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to control of firearms; chambers of local governing bodies.

17102095D

S.B. 1185 Reporting lost or stolen firearms.

Patron: Dance

Reporting lost or stolen firearms. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a $50 civil penalty for a first offense and a civil penalty of not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from such loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5, relating to reporting lost or stolen firearms.

17102538D

S.B. 1194 Firearm transfers; criminal history record information checks; penalty.

Patron: Lucas

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

A BILL to amend and reenact § 54.1-4201.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.2:5, relating to firearm transfers; criminal history record information checks; penalty.

17103676D

S.B. 1266 Firearms; access by children; penalty.

Patron: Ebbin

Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use or handle a firearm.

A BILL to amend and reenact § 18.2-56.2 of the Code of Virginia, relating to allowing access to firearms by children; penalty.

17100128D

S.B. 1267 Firearms; alcohol; penalties.

Patron: Ebbin

Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises. Current law provides that such prohibition applies only to those persons carrying a concealed handgun on such premises.

A BILL to amend and reenact §§ 18.2-308, 18.2-308.09, and 18.2-308.016, as it is currently effective and as it shall become effective, of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 18.2-56.3; and to repeal § 18.2-308.012 of the Code of Virginia, relating to carrying loaded firearms in public while intoxicated or under the influence of illegal drugs and consuming alcohol while carrying a loaded firearm; penalties.

17100245D

S.B. 1297 Concealed weapons; nonduty status active military personnel may carry.

Patron: Vogel

Carrying concealed weapons; exemption for nonduty status active military personnel. Provides that an active duty member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed weapons; exemption for nonduty status active military personnel.

17103033D

S.B. 1299 Concealed handguns; protective orders.

Patron: Vogel

Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.

A BILL to amend and reenact § 18.2-308.07 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.01:1, relating to carrying concealed handguns; protective orders.

17103051D

S.B. 1300 Victims of domestic violence, etc.; firearms safety or training course.

Patron: Vogel

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.

17103054D

S.B. 1347 Concealed weapon permits; concealed weapons other than firearms; furnishing weapons to minors.

Patron: Reeves

Concealed weapon permits; concealed weapons other than firearms; furnishing certain weapons to minors; furnishing certain weapons. Replaces concealed handgun permits with concealed weapon permits, which authorize the holder to carry any weapon that is otherwise prohibited from being carried concealed, including handguns. The bill prohibits the Department of Criminal Justice Services (DCJS) from adopting a regulation preventing a person employed by an electronic security company or a locksmith from carrying a lawfully possessed weapon in the course of his duties when such person carries with him a valid concealed weapon permit. Current law prohibits DCJS from preventing such persons from carrying a firearm. The bill exempts any person who is carrying a nun chuck, throwing star, or weapon of like kind from the prohibition on carrying a concealed weapon while at, or going to or from, a martial arts training location or organized competition that uses such weapons. The bill increases the penalty for furnishing a ballistic knife to a minor from a Class 4 misdemeanor to a Class 1 misdemeanor and decriminalizes furnishing such weapon to an adult. The bill changes from any person to any minor the persons for whom it is a Class 4 misdemeanor to furnish with any blackjack, brass or metal knucks, throwing star, or weapon of like kind. The bill removes the presumption that possession of any such weapon is prima facie evidence of a person's intent to furnish it.

A BILL to amend and reenact §§ 9.1-141, 18.2-287.4, 18.2-308 through 18.2-308.015, 18.2-308.016, as it is currently effective and as it shall become effective, 18.2-308.1, 18.2-308.1:4, and 18.2-309 of the Code of Virginia and to repeal § 18.2-311 of the Code of Virginia, relating to concealed weapons permits; concealed weapons other than firearms; furnishing certain weapons to minors; furnishing certain weapons.

17100568D

S.B. 1348 Death penalty; severe mental illness.

Patron: Favola

Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence.

A BILL to amend and reenact §§ 19.2-264.3:1.3, 19.2-264.3:3, and 19.2-264.4 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-264.3:1.4 and 19.2-264.3:1.5, relating to death penalty; severe mental illness.

17102923D

S.B. 1352 Capital cases; replacing certain terminology.

Patron: Howell

Capital cases; replacing certain terminology. Replaces the term "mental retardation" in all of its various iterations with a corresponding iteration of the term "intellectual disability" for purposes of the statutes governing capital cases. The U.S. Supreme Court has held in Hall v. Florida, 134 S. Ct. 1986 (2014), that the terms describe the identical phenomenon. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 8.01-654.2, 18.2-10, 19.2-264.3:1.1, 19.2-264.3:1.2, and 19.2-264.3:3 of the Code of Virginia, relating to capital cases; replacing certain terminology.

17103230D

S.B. 1362 Concealed weapons; nonduty status active military personnel may carry.

Patron: Black

Carrying concealed weapons; exemption for nonduty status active military personnel. Provides that an active duty member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed weapons; exemption for nonduty status active military personnel.

17101855D

S.B. 1377 Computer trespass; penalty.

Patron: Mason

Computer trespass; penalty. Expands the crime of computer trespass to provide that the prohibited actions that constitute computer trespass are criminalized if done through intentionally deceptive means and without authority and specifies that monitoring and interaction involving a subscriber's Internet or other network connection or service is not considered computer trespass unless such monitoring or interaction is done through intentionally deceptive means without authorization or with malicious intent.

A BILL to amend and reenact § 18.2-152.4 of the Code of Virginia, relating to computer trespass; penalty.

17103600D

S.B. 1378 Computer crimes; penalties.

Patron: Mason

RICO; computer crimes; penalties. Adds certain felony offenses contained in the Virginia Computer Crimes Act as qualifying offenses under the Virginia Racketeer Influenced and Corrupt Organization (RICO) Act. Such crimes include computer fraud, transmission of unsolicited commercial electronic mail, computer trespass, computer invasion of privacy, using a computer to gather identifying information, and theft of computer services.

A BILL to amend and reenact § 18.2-513 of the Code of Virginia, relating to the Virginia Racketeer Influenced and Corrupt Organization (RICO) Act; computer crimes; penalties.

17102146D

S.B. 1385 Law-enforcement officer; definition, municipal park rangers training.

Patron: Mason

Definition of law-enforcement officer; municipal park rangers. Requires sworn municipal park rangers to be certified through completion of training at an approved criminal justice training academy. The bill authorizes sworn municipal park rangers to access criminal history record information for the purposes of the administration of criminal justice and the screening of an employment application. The bill provides that any sworn municipal park ranger who is a conservator of the peace shall be considered a law-enforcement officer or member of a law-enforcement agency for the purposes of (i) execution and issuance of warrants; (ii) exemption from regulations in certain situations; (iii) obtaining criminal record information; (iv) use of flashing blue warning lights; (v) possession of controlled substances, including marijuana, in the performance of his duties; (vi) penalties for eluding a law-enforcement officer; (vii) penalties for obstruction of justice; (viii) penalties for false reporting; (ix) penalties for escapes from jail; and (x) penalties for resisting arrest.

A BILL to amend and reenact §§ 15.2-1706, 18.2-250, 18.2-250.1, 18.2-460, 18.2-461, 18.2-479, 19.2-71, 19.2-72, 19.2-389, 46.2-817, 46.2-920, and 46.2-1022 of the Code of Virginia, relating to definition of law-enforcement officer; municipal park rangers.

17101902D

S.B. 1420 Incapacitated persons; abuse and neglect, financial exploitation, penalty.

Patron: Mason

Incapacitated persons; abuse and neglect; financial exploitation of incapacitated persons; penalty. Provides that any responsible person who abuses or neglects an incapacitated adult and such abuse or neglect results in any bodily injury, other than serious bodily injury, to the incapacitated adult is guilty of a Class 6 felony, which is in addition to the current Class 4 felony if such abuse or neglect results in serious bodily injury. The bill also expands the class of victims of the crime of financial exploitation of incapacitated persons to include persons incapacitated due to physical illness or disability, advanced age, or other causes. The current law applies only to victims who suffer from mental incapacity.

A BILL to amend and reenact §§ 18.2-178.1 and 18.2-369 of the Code of Virginia, relating to abuse and neglect of incapacitated persons; financial exploitation of incapacitated persons; penalty.

17103864D

S.B. 1422 Law enforcement, local; fees for concealed handgun permits, courthouse and courtroom security.

Patron: Chase

Local law enforcement; fees for concealed handgun permits; courthouse and courtroom security; assessment. Eliminates (i) the fee, under current law up to $35, that a local law-enforcement agency is permitted to charge for conducting the background investigation for a concealed handgun permit and (ii) the requirement that the local law-enforcement agency forward to the State Police any amount assessed by the FBI for providing criminal history record information in the background investigation. The bill makes discretionary the current mandatory fee of up to $10 charged by the clerk for processing a concealed handgun permit application or issuing a permit. The bill increases from $10 to $20 the maximum amount, designated solely to fund courthouse and courtroom security, that a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court.

A BILL to amend and reenact §§ 18.2-308.03 and 53.1-120 of the Code of Virginia, relating to local law enforcement; fees for concealed handgun permits; costs assessed on conviction used for courthouse security.

17103485D

S.B. 1424 Abortion; informed written consent.

Patron: Locke

Abortion; informed written consent. Provides that a woman seeking an abortion may waive in writing any requirement establishing a mandatory time period or mandating that a physician provide to or review with the woman specific information or materials before an abortion may be performed. The bill requires that a copy of such waiver be maintained in the woman's medical records. The bill also provides that, regardless of any waiver, a physician is still obligated to satisfy the applicable standard of care.

A BILL to amend and reenact § 18.2-76 of the Code of Virginia, relating to abortion; informed written consent.

17103869D

S.B. 1439 Firearm transfers; penalties.

Patron: Surovell

Firearm transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy,rent, trade, or transfer a firearm from any other person who is not a licensed dealer. The bill exempts certain transfers, such as between immediate family members, by operation of law, at a firearms show with a voluntary background check, and when the transfer is temporary and is necessary to prevent imminent death or great bodily harm or occurs while in the continuous presence of the owner of the firearm.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.

17103180D

S.B. 1440 Concealed handgun; eligibility to carry openly within Commonwealth.

Patron: Black

Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying a concealed handgun; permit not required.

17103586D

S.B. 1443 Firearms; removal from persons posing substantial risk, penalties.

Patron: Barker

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are disqualified from having a concealed handgun permit or purchasing a firearm from a licensed dealer and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.2 and by adding a section numbered 19.2-387.2, relating to the removal of firearms from persons posing a substantial risk of personal injury to self of others; penalties.

17103859D

S.B. 1444 Restricted ammunition; use or attempted use in the commission of a felony, penalty.

Patron: Chafin

Restricted ammunition; use or attempted use in the commission of a felony; penalty. Removes the prohibition on use or attempted use of restricted firearm ammunition in any non-felony criminal offense. The bill expands the definition of restricted firearms ammunition to include "pinched tip" bullets and expands the exception to such definition to include certain ammunition with copper cores. The bill provides that if any ammunition has been approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives for commercial sale, it is not restricted firearms ammunition.

A BILL to amend and reenact § 18.2-308.3 of the Code of Virginia, relating to restricted ammunition; use or attempted use in the commission of a felony; penalty.

17103736D

S.J.R. 241 Appointment; Chairman of the Virginia Criminal Sentencing Commission.

Patron: Obenshain

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.

17100995D