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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 23, 2017
Time and Place: 8:00 AM / Senate Room B

S.B. 784 Marijuana offenses; driver's license forfeiture, etc.

Patron: Ebbin

Driver's license; marijuana possession. Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.

A BILL to amend and reenact §§ 18.2-251, 18.2-259.1, and 46.2-390.1 of the Code of Virginia, relating to marijuana offenses; driver's license forfeiture.

17100117D

S.B. 808 Discretionary sentencing guidelines worksheets; use by juries.

Patron: Stanley

Discretionary sentencing guideline worksheets; use by juries. Requires that the jury be given the applicable discretionary sentencing guideline worksheets during a sentencing proceeding and that the court instruct the jury that the sentencing guideline worksheets are discretionary and not binding on the jury. The bill requires sentencing guideline worksheets to be kept confidential by the jurors and filed under seal by the court.

A BILL to amend and reenact §§ 19.2-295.1 and 19.2-298.01 of the Code of Virginia, relating to use of discretionary sentencing guideline worksheets by juries.

17100782D

S.B. 816 Grand larceny & certain property crimes; increases threshold amount of money taken, etc., to $1,000.

Patron: Surovell

Grand larceny; threshold. Increases from $200 to $1,000 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes.

A BILL to amend and reenact §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia, relating to grand larceny and certain property crimes; threshold.

17100605D

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. 825 New sentencing hearing; abolition of parole.

Patron: Wexton

New sentencing hearing; abolition of parole. Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed prior to the time that the abolition of parole went into effect (January 1, 1995) is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file a petition for a new sentencing proceeding with the Court of Appeals, which shall direct the circuit court in which the order of conviction was originally entered to empanel a new jury for the purpose of conducting the new sentencing proceeding and notify the appropriate attorney for the Commonwealth. The bill also provides that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 18 of Title 19.2 a section numbered 19.2-310.1:1, relating to new sentencing hearing; abolition of parole.

17100601D

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. 841 Marijuana; possession or distribution for medical purposes, affirmative defense for treatment.

Patron: Favola

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of certain conditions. Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer, human immunodeficiency virus, acquired immune deficiency syndrome, Tourette syndrome, amyotrophic lateral sclerosis, multiple sclerosis, Crohn's disease, or complex regional pain syndrome. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.

A BILL to amend and reenact §§ 18.2-250.1 and 54.1-3408.3 of the Code of Virginia, relating to possession or distribution of marijuana for medical purposes; exceptions.

17101036D

S.B. 853 Criminal cases; delayed appeals, assignment of errors dismissed in part.

Patron: Stanley

Delayed appeals in criminal cases; assignment of errors dismissed in part. Provides that an appellant may file a motion for leave to pursue a delayed appeal for those assignments of error that were dismissed because they did not adhere to a proper form, even if other assignments of error were refused on the merits. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact §§ 19.2-321.1 and 19.2-321.2 of the Code of Virginia, relating to delayed appeals in criminal cases; assignments of error dismissed in part.

17101708D

S.B. 862 Driving after forfeiture of license.

Patron: Surovell

Driving after forfeiture of license. Provides that a person is guilty of an offense of driving or operating a motor vehicle (i) after his driver's license has been revoked for certain offenses, (ii) in violation of the terms of a restricted license, (iii) without an ignition interlock system if one is required, or (iv) if the person's license had been restricted, suspended, or revoked for certain driving under the influence offenses, with a blood alcohol content of 0.02 percent or more, only if such person was driving or operating the motor vehicle on a highway.

A BILL to amend and reenact § 18.2-272 of the Code of Virginia, relating to driving after forfeiture of license.

17100607D

S.B. 883 Expungement of police and court records; costs.

Patron: Spruill

Expungement of police and court records; costs. Relieves 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 from paying any fees or costs for filing such petition.

A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records; costs.

17101073D

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. 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. 908 Marijuana; decriminalization of simple marijuana possession.

Patron: Lucas

Marijuana; decriminalization of simple marijuana possession. Decriminalizes marijuana possession and provides a civil penalty of no more than $250 for a first violation and $1,000 for a second or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum 30-day jail sentence, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases the penalty for distribution or possession with intent to sell more than one-half but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.

A BILL to amend and reenact §§ 16.1-260, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-252, 18.2-259.1, 18.2-287.2, 18.2-460, 19.2-386.22, and 46.2-390.1 of the Code of Virginia, relating to possession and distribution of marijuana; penalty.

17102423D

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. 923 Grand larceny; threshold.

Patron: Petersen

Grand larceny; threshold. Increases from $200 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes.

A BILL to amend and reenact §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia, relating to grand larceny and certain property crimes; threshold.

17101875D

S.B. 957 Recordings; destruction or seizure by a law-enforcement officer.

Patron: Locke

Recordings; destruction or seizure by a law-enforcement officer. Prohibits any law-enforcement officer from interfering with, damaging, destroying, or seizing another person's recording or recording device, provided that such recording or recording device is lawful and does not interfere with the duties of a law-enforcement officer. The bill provides that a violation of this prohibition is a Class 1 misdemeanor. The bill exempts any seizure or alteration of a recording or recording device by a law-enforcement officer with the permission of the person who possesses the recording or recording device, when the law-enforcement officer reasonably believes that seizure is necessary to prevent the destruction of evidence, pursuant to a lawful court order, or in accordance with state or federal law.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-460.2, relating to recordings; destruction or seizure by law-enforcement officer.

17101425D

S.B. 958 Disclosure of information regarding former deputy sheriffs and law-enforcement officers.

Patron: Locke

Disclosure of information regarding former deputy sheriffs and law-enforcement officers. Provides that any sheriff or chief of police, any director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers, and the Director of the Department of Criminal Justice Services shall disclose to a prospective law-enforcement or jail employer (i) any information related to an arrest or prosecution of a former appointee or employee, including expunged information; (ii) any information related to a civil suit regarding a former appointee's or employee's employment or performance of his duties; and (iii) any information obtained during the course of any internal investigation related to a former appointee's or employee's alleged criminal conduct, use of excessive force, or other official misconduct. The bill provides that disclosure is required only if the prospective employer presents a written waiver signed by the former appointee or employee that explicitly authorizes the disclosure and the agency receiving the request is not prohibited from the disclosure of such information pursuant to a binding nondisclosure agreement or otherwise prohibited by law. The bill provides immunity to such sheriff, chief of police, and director or chief executive and to the Director of the Department of Criminal Justice Services for disclosing information in compliance with the provisions of this bill.

A BILL to amend and reenact § 15.2-1709 of the Code of Virginia, relating to disclosure of information regarding former deputy sheriffs and law-enforcement officers.

17102479D

S.B. 973 Assault and battery; health care providers; penalty.

Patrons: Sturtevant, Dunnavant

Assault and battery; health care providers; penalty. Expands the penalty for battery against a health care provider who is engaged in the performance of his duties to apply in hospitals, or in emergency rooms in any clinic or other facility rendering emergency care. Under current law, the penalties only apply to a battery against an emergency health care provider. The bill requires the Department of Health to work with stakeholder groups to develop guidelines regarding the publication of penalties for battery on a health care provider and for the training of health care professionals and providers in violence prevention programs.

A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to battery on a health care provider; penalty.

17101152D

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. 1047 DCJS training standards; community engaged policing.

Patron: Lucas

DCJS training standards; community engaged policing. Expands the responsibilities of the Department of Criminal Justice Services regarding community policing by requiring the compulsory training standards for basic training and recertification of law-enforcement officers to include fair and impartial policing, verbal de-escalation, and needs of special populations. The bill changes the term "community policing" to "community engaged policing."

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to DCJS training standards; community engaged policing.

17101806D

S.B. 1054 Activation of fire alarms; reimbursement of expenses; penalty.

Patron: Stuart

Activation of fire alarms; reimbursement of expenses; penalty. Removes the condition that a building must be for public use in order for the Class 1 misdemeanor for maliciously activating a building's fire alarm to apply. The bill authorizes any locality to provide by ordinance that a person convicted of maliciously activating a fire alarm shall be liable for the reasonable expense in responding to such a fire alarm. Current law allows such an ordinance to impose liability for the reasonable expense of an emergency response to an imitation version of a weapon of terrorism, fire bomb, other explosive device, bomb threat, or incitement of a bomb threat. The bill increases the amount that a locality or volunteer emergency medical services agency may recover under such an ordinance from $1,000 to $2,500.

A BILL to amend and reenact §§ 15.2-1716.1 and 18.2-212 of the Code of Virginia, relating to malicious activation of fire alarms; reimbursement of expenses; penalty.

17103161D

S.B. 1066 Petition for writ of actual innocence.

Patron: Deeds

Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven the allegations supporting the writ by a preponderance of the evidence. Currently, the Court must make such a finding based on clear and convincing evidence.

A BILL to amend and reenact §§ 19.2-327.2, 19.2-327.2:1, 19.2-327.3, and 19.2-327.5 of the Code of Virginia, relating to petition for writ of actual innocence.

17103488D

S.B. 1091 Driver's license; marijuana possession.

Patrons: Ebbin, Stanley

Driver's license; marijuana possession. Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill.

A BILL to amend and reenact §§ 18.2-251, 18.2-259.1, and 46.2-390.1 of the Code of Virginia, relating to marijuana offenses; driver's license forfeiture.

17101071D

S.B. 1269 Marijuana; decriminalization of simple possession.

Patron: Ebbin

Marijuana; decriminalization of simple marijuana possession. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $100 for a first violation, $250 for a second violation, and $500 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.

A BILL to amend and reenact §§ 16.1-260, 18.2-250.1, 18.2-251, 18.2-252, 18.2-259.1, 18.2-308.1:5, 18.2-308.09, and 46.2-390.1 of the Code of Virginia, relating to possession of marijuana; penalty.

17103829D

S.B. 1273 City of Richmond general district court; concurrent criminal jurisdiction.

Patron: McDougle

City of Richmond general district court; concurrent criminal jurisdiction. Provides that the separate division of the City of Richmond general district court that is operated south of the James River shall have concurrent jurisdiction over criminal matters arising in that part of the city, not exclusive jurisdiction over such matters.

A BILL to amend and reenact § 16.1-69.35 of the Code of Virginia, relating to City of Richmond general district court; concurrent criminal jurisdiction.

17100739D

S.B. 1298 Marijuana; possession or distribution for medical purposes, affirmative defense for treatment.

Patron: Vogel

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of certain conditions. Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer, glaucoma, human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's disease, nail patella, cachexia or wasting syndrome, multiple sclerosis, or complex regional pain syndrome. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.

A BILL to amend and reenact §§ 18.2-250.1 and 54.1-3408.3 of the Code of Virginia, relating to possession or distribution of marijuana for medical purposes; exceptions.

17103038D

S.B. 1347 Concealed weapon permits; carrying concealed weapons other than firearms, etc.

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. 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. 1450 Concealed handguns; permit holders' possession on property of public higher educational institution.

Patron: Chase

Possession of concealed handguns; concealed handgun permit holders at public institutions of higher education. Allows any firefighter, person employed as search and rescue personnel, person employed as emergency medical services personnel, certified campus security officer, or student, employee, contractor, vendor, or faculty member of a public institution of higher education that participates in a Reserve Officers' Training Corps (ROTC) program who possesses a valid Virginia concealed handgun permit or a concealed handgun permit from another state that is recognized by Virginia to carry a concealed handgun on the property of, in buildings owned by, or at events hosted at public institutions of higher education.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-1301.1, relating to possession of concealed handguns by permit holders at public institutions of higher education.

17103467D

S.B. 1453 Firearms; prohibited at certain preschools and child day centers.

Patron: Lucas

Firearms on school property. Adds public, private, or religious preschools and child day centers that are not operated at the residence of the provider or of any of the children to the list of schools where possessing a firearm on school property or on a school bus is prohibited. Under current law, the list of such schools only includes public, private, or religious elementary, middle, or high schools.

A BILL to amend and reenact § 18.2-308.1 of the Code of Virginia, relating to possession of firearms, other weapons on school property.

17103787D

S.B. 1458 Dangerous weapons; authorization of place of religious worship to carry to such place.

Patron: McPike

Dangerous weapons; place of religious worship. Requires a person to have the express authorization of a place of religious worship to carry certain weapons to such place of worship while a meeting for religious purposes is being held. Current law requires such person to have a good and sufficient reason to do so.

A BILL to amend and reenact § 18.2-283 of the Code of Virginia, relating to dangerous weapons; place of religious worship.

17103727D

S.B. 1464 Firearms; restoration of rights of convicted felons.

Patron: Carrico

Restoration of firearm rights; convicted felons. Requires the court to find by clear and convincing evidence that a convicted felon, whose civil rights have been restored by the Governor or other appropriate authority, petitioning for a permit to possess or carry a firearm is not a risk to public safety and poses no present or future danger to himself or others prior to granting the petition and issuing the permit. Current law provides for a standard of good cause shown. The bill requires the court to conduct a hearing on such petition, where current law requires a hearing only if requested by the petitioner or the attorney for the Commonwealth.

A BILL to amend and reenact § 18.2-308.2 of the Code of Virginia, restoration of firearm rights; convicted felons.

17103482D

S.B. 1465 Concealed handgun; retired conservation officers may carry.

Patron: Carrico

Retired conservation officers; carrying a concealed handgun. Adds retired conservation officers from the Department of Conservation and Recreation to the list of retired law-enforcement officers who are exempt from the prohibition on carrying a concealed handgun. Such officers who annually meet the training and qualification standards for active law-enforcement officers are authorized to carry concealed handguns in airports and schools and are deemed to have been issued a concealed handgun permit.

A BILL to amend and reenact § 18.2-308.016, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to retired conservation officers; carrying a concealed handgun.

17103345D

S.B. 1474 Resisting arrest; penalty.

Patron: DeSteph

Resisting arrest; penalty. Expands the Class 1 misdemeanor of resisting arrest to include, in addition to fleeing from a law-enforcement officer, failing to allow oneself to be physically taken into custody by using active means to resist.

A BILL to amend and reenact § 18.2-479.1 of the Code of Virginia, relating to resisting arrest; penalty.

17103154D