SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2017 SESSION

  • print version
Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Chad Starzer, E. Greenwood
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 25, 2017
Time and Place: 15 Minutes after adjournment Senate Room B
Added SB1525

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. 815 Child support, unpaid; priority of debts to be paid from decedent's assets.

Patron: Surovell

Priority of debts to be paid from decedent's assets; unpaid child support. Prioritizes debts owed for unpaid child support obligations over debts and taxes due to localities and other, unenumerated claims against the estate of a decedent.

A BILL to amend and reenact § 64.2-528 of the Code of Virginia, relating to priority of debts to be paid from decedent's assets; unpaid child support.

17100570D

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. 854 Unpaid court fines, etc.; increases grace period for collection.

Patron: Stanley

Collection of unpaid court fines, etc. Increases the grace period after which collection activity for unpaid court fines, costs, forfeitures, penalties, and restitution may be commenced from 30 days to 90 days after sentencing or judgment.

A BILL to amend and reenact §§ 19.2-349 and 19.2-354 of the Code of Virginia, relating to collection of unpaid court fines, etc.

17100685D

S.B. 861 Preliminary protective orders; contents of order.

Patron: Surovell

Preliminary protective orders; contents of order. Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings.

A BILL to amend and reenact §§ 16.1-253.1 and 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders; contents of orders.

17100608D

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. 914 Reduction of amount of lien for medical services paid for by the Commonwealth.

Patron: Edwards

Reduction of amount of lien for medical services paid for by the Commonwealth. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised by the Attorney General pursuant to § 2.2-514, such lien shall be reduced by an amount proportionate to the amount that costs, expenses, and attorney fees incurred by the injured person bear to the total recovery obtained from the third party.

A BILL to amend and reenact § 8.01-66.9 of the Code of Virginia, relating to reduction of amount of lien for medical services paid for by the Commonwealth.

17100353D

S.B. 928 Substitute judges.

Patron: Petersen

Substitute judges. Removes the prohibition against substitute judges sitting in the courts in which they regularly practice.

A BILL to amend and reenact § 16.1-69.21 of the Code of Virginia, relating to substitute judges.

17101892D

S.B. 944 Institutions of higher education; possession and administration of epinephrine.

Patron: Chafin

Institutions of higher education; possession and administration of epinephrine. Authorizes and provides liability protection for employees of a public or private institution of higher education who are authorized by a prescriber and trained in the administration of epinephrine to possess and administer epinephrine.

A BILL to amend and reenact §§ 8.01-225 and 54.1-3408 of the Code of Virginia, relating to epinephrine; possession and administration by certain employees of public or private institution of higher education.

17100256D

S.B. 946 Appeal to Supreme Court; time frame for filing of petition.

Patron: Obenshain

Appeal to Supreme Court; time frame for filing of petition. Expresses the time frame within which petitions for appeal from a final judgment of a trial court or the State Corporation Commission to the Supreme Court shall be filed, currently expressed in months, in an equivalent number of days. This bill is a recommendation of the Judicial Council.

A BILL to amend and reenact §§ 8.01-671 and 12.1-239 of the Code of Virginia, relating to time within which a petition for appeal to the Supreme Court shall be filed.

17101703D

S.B. 947 Petition for appeal to Supreme Court; time period within which petition must be presented.

Patron: Obenshain

Petition for appeal to Supreme Court; time period within which petition must be presented. Authorizes the Supreme Court of Virginia to grant a 30-day extension of the deadline for presentation of the petition for appeal in all cases for good cause shown. Under current law, the Court may grant an extension in criminal cases only. The bill also converts all time periods expressed as months to equivalent days to reduce any ambiguity. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact § 8.01-671 of the Code of Virginia, relating to time within which petition must be presented; extension time.

17101705D

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. 1000 Officer-involved shootings; model policy for investigations; disclosure of report.

Patron: Locke

Officer-involved shootings; model policy for investigations; disclosure of report. Provides that an attorney for the Commonwealth shall disclose a report of his findings for any "officer-involved shooting" if no criminal charges are brought against a law-enforcement officer, or, alternatively, if charges are brought, the attorney for the Commonwealth shall issue a general statement disclosing the general purpose of bringing such charges or seeking an indictment. The bill directs the Department of Criminal Justice Services to develop a model policy regarding the investigation of an officer-involved shooting.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 19.2 a section numbered 19.2-192.2, relating to officer-involved shootings; model policy for investigations; disclosure of report.

17101426D

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. 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. 1124 Adultery; civil penalty.

Patron: Surovell

Adultery; civil penalty. Reduces the penalty for adultery from a Class 4 misdemeanor to a civil penalty of not more than $250.

A BILL to amend and reenact § 18.2-365 of the Code of Virginia, relating to adultery; civil penalty.

17100604D

S.B. 1140 Legal malpractice; estate planning.

Patron: Sturtevant

Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement between the individual who is the subject of the estate planning and the defendant that expressly grants standing to such person. This bill is in response to Thorsen v. Richmond Society for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016).

A BILL to amend and reenact § 64.2-520 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 5 of Title 64.2 a section numbered 64.2-520.1, relating to legal malpractice; estate planning.

17102880D

S.B. 1176 Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries.

Patron: Chafin

Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the personal representative shall be liable for the debt up to an amount not exceeding the assets of the decedent remaining in possession of the personal representative and available for application to the debt.

A BILL to amend and reenact § 64.2-531 of the Code of Virginia, relating to nonexoneration of debts on property of decedent; notice to creditor and beneficiaries.

17101946D

S.B. 1177 Surviving spouse's elective share; homestead allowance benefit.

Patron: Chafin

Surviving spouse's elective share; homestead allowance benefit. Provides that if a surviving spouse of a decedent dying on or after January 1, 2017, claims and receives an elective share, the homestead allowance available to the spouse shall be in addition to any benefit or elective share passing to such surviving spouse. The bill provides consistency with other provisions of Article 1.1 (§ 64.2-308.1 et seq.) of Chapter 3 of Title 64.2, which governs the elective share of the surviving spouse of a decedent dying on or after July 1, 2017, which was enacted in 2016. The bill contains an emergency clause.

A BILL to amend and reenact § 64.2-311 of the Code of Virginia, relating to surviving spouse's elective share; homestead allowance benefit; emergency.

17101520D

EMERGENCY

S.B. 1188 Driver's license; suspension of license for nonpayment of fines and court costs.

Patron: Edwards

Driver's license suspension; repeal. Removes the requirement that a person's driver's license be suspended for nonpayment of fines and court costs. The bill removes 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. The bill removes the requirement that a person who is less than 18 years old and attending a public school in the Commonwealth who has had 10 or more unexcused absences from school on consecutive school days show cause why his driver's license should not be suspended. The provisions of this bill that affect the Code of Virginia have a delayed effective date of September 1, 2017.

A BILL to amend and reenact §§ 18.2-251, 46.2-395, 46.2-410.1, and 46.2-1200.1 of the Code of Virginia and to repeal §§ 18.2-259.1 and 46.2-390.1 of the Code of Virginia, relating to driver's license suspensions for certain non-driving related offenses.

17102797D

S.B. 1227 Drug Treatment Court Act; eligibility.

Patron: Barker

Drug Treatment Court Act; eligibility. Eliminates the restriction that renders persons convicted of certain violent felonies within the preceding 10 years ineligible to participate in a drug treatment court. Persons convicted of felony acts of violence (i.e, offenses that result in life imprisonment upon conviction of a third offense) within the preceding 10 years remain ineligible to participate in a drug treatment court.

A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to the Drug Treatment Court Act; eligibility.

17101797D

S.B. 1257 Two-way video testimony; forensic analysis and examination.

Patron: Chafin

Two-way video testimony; forensic analysis and examination. Provides that any testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, from a person who performed an analysis or examination that resulted in a certificate of analysis may be presented by two-way video conferencing. The bill provides that any decision to purchase a two-way electronic video and audio communication system is at the discretion of the locality.

A BILL to amend and reenact §§ 19.2-3.1, 19.2-187, and 19.2-187.1 of the Code of Virginia, relating to two-way video testimony; forensic analysis and examination.

17101214D

S.B. 1260 Search warrants; person subject to arrest.

Patron: Black

Search warrants; person subject to arrest. Authorizes the issuance of a search warrant to search for and seize any person for whom a warrant or process for arrest has been issued. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 19.2-53, 19.2-54, and 19.2-56 of the Code of Virginia, relating to search warrants; persons subject to warrant or capias for arrest.

17103227D

S.B. 1276 Traffic violations, certain; dismissal proof of compliance with law.

Patron: McDougle

Dismissal of certain traffic violations for proof of compliance with law. Provides that a court may, in its discretion, dismiss a violation for failure to notify the Department of Motor Vehicles of change of address, for failing to register, title, or properly display license plates, for failure to pay local licensing fees or taxes, for failure to have certain safety equipment or having unsafe of defective equipment, or for improper tinting, if such a person can prove to the court compliance with the law after the traffic summons was issued and payment of court fees.

A BILL to amend and reenact §§ 16.1-69.48:1, 46.2-324, 46.2-613, 46.2-711, 46.2-715, 46.2-716, 46.2-752, 46.2-1000, 46.2-1003, 46.2-1052, and 46.2-1053 of the Code of Virginia, relating to dismissal of certain traffic violations for proof of compliance with law.

17101560D

S.B. 1280 Driver's license; suspension for nonpayment of fines or costs.

Patron: Ebbin

Suspension of driver's license for nonpayment of fines or costs. Removes the requirement that a court suspend the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs. The bill allows a court, after 90 days of nonpayment where the court finds the nonpayment was not an intentional refusal to obey the sentence of the court, to provide additional time for payment, reduce the amount of each payment installment, assign community service in lieu of payment, or waive the unpaid portion in whole or in part. Upon a finding that the nonpayment was an intentional refusal to obey the sentence of the court, a court may suspend the defendant's driver's license until payment in full or until the defendant enters into a payment plan.

A BILL to amend and reenact §§ 19.2-354, 46.2-301, 46.2-395, 46.2-416, and 46.2-1200.1 of the Code of Virginia, relating to suspension of license for failure or refusal to pay fines or costs.

17102801D

S.B. 1281 Substance abuse treatment upon conviction of a crime; recovery community organization.

Patron: McDougle

Substance abuse treatment upon conviction of a crime; recovery community organization. Authorizes a recovery community organization to provide substance abuse treatment to individuals ordered to such treatment by a court upon conviction or placement on first offender status of such individual for a crime involving controlled substances. The bill defines recovery community organization as a nonprofit organization composed of and governed by representatives of local communities of addiction recovery that offers peer recovery support services for persons with substance abuse and is accredited by the Council on Accreditation of Peer Recovery Support Services.

A BILL to amend and reenact §§ 18.2-251, 18.2-251.01, 18.2-252, 18.2-254, and 18.2-259.1 of the Code of Virginia, relating to substance abuse treatment upon conviction of a crime; recovery community organization.

17103798D

S.B. 1284 Court-ordered restitution; form order, enforcement, noncompliance, etc.

Patron: Obenshain

Restitution; form order, enforcement, noncompliance; etc. Makes numerous changes related to the repayment of court-ordered restitution, including: (i) requiring the court to enter the amount of restitution and the terms and conditions of repayment on a form prescribed by the Office of the Executive Secretary of the Supreme Court; (ii) providing that docketing an order of restitution as a civil judgment does not prohibit the court from enforcing such order by any other available means; (iii) requiring the clerk of every circuit and district court to submit quarterly reports to the attorney for the Commonwealth listing (a) all defendants with outstanding balances of court-ordered restitution and (b) all accounts where more than 90 days have passed since such account was sent to collections and no payments have been made; and (vi) removing the court's authority to impose a fine not to exceed $500 for a defendant's nonpayment of court-ordered fines, costs, restitution, forfeiture, or penalties after the defendant has entered into an installment or deferred payment agreement. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 19.2-305.1, 19.2-305.2, 19.2-349, 19.2-354, 19.2-358, and 19.2-368.15 of the Code of Virginia, relating to restitution; enforcement, noncompliance, etc.

17103228D

S.B. 1285 Restitution; supervised probation.

Patron: Obenshain

Restitution; supervised probation. Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of supervised probation until all ordered restitution is paid in full; however, the term of supervised probation shall not exceed the period of a suspended sentence fixed by the court, or if no period of suspension was fixed, then the term of supervised probation shall not exceed the maximum period for which the defendant might originally have been sentenced. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, 19.2-306, and 19.2-368.15 of the Code of Virginia, relating to restitution; supervised probation.

17103232D

S.B. 1478 Restitution; modification of terms and conditions of payment plan.

Patron: McClellan

Restitution; modification of terms and conditions of payment plan. Permits the court to modify the terms and conditions of a restitution payment plan or amend the total amount of restitution due for good cause shown and only after a hearing of which the defendant, attorney for the Commonwealth, and victim have been notified. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 19.2-305.1 and 19.2-368.15 of the Code of Virginia, relating to restitution; modification of terms and conditions of payment plan.

17103223D

S.B. 1525 Hunting dogs; civil action for trespass by hunters using dogs.

Patron: Marsden

Trespass by persons using hunting dogs; penalty. Provides that a person who intentionally releases hunting dogs on the land of another or releases hunting dogs and fails to exercise due care to prevent such dogs from entering onto the land of another is liable for damages incurred as a result of such conduct or $500, whichever is greater, in addition to reasonable attorney fees and costs. The bill further provides that any person who releases hunting dogs adjacent to lands subject to the trespass of the hunting dogs who knew or should have known that a trespass was imminent and who is in the act of hunting or training hunting dogs is subject to a Class 3 misdemeanor.

A BILL to amend and reenact § 18.2-132.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-42.5, relating to trespass by persons using hunting dogs.

17104482D

S.B. 1533 Antique firearms; possession by nonviolent felons.

Patron: Obenshain

Possession of antique firearms; nonviolent felons. Permits nonviolent felons to possess, transport, and carry antique firearms and black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms.

A BILL to amend and reenact § 18.2-308.2 of the Code of Virginia, relating to possession of antique firearms; nonviolent felons.

17103505D

S.B. 1560 Child pornography; accused person possesses and produces pornography, penalties.

Patron: Norment

Possession of child pornography where the accused has produced the child pornography; penalties. Provides that any person who knowingly possesses child pornography that he has produced shall be punished by not less than five years nor more than 20 years in a state correctional facility, two years of which shall be a mandatory minimum term of imprisonment. The bill also provides that any person who knowingly (i) reproduces by any means, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography that he has produced or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer, or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography that he has produced shall be punished by not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. A second or subsequent offense involving the reproduction or attempts to persuade another person to send child pornography that was produced by the offender shall be punished by not less than 10 years nor more than 20 years in a state correctional facility, 10 years of which shall be a mandatory minimum term of imprisonment. The bill provides that any violation involving child pornography that the accused has produced constitutes a separate and distinct offense from other production of child pornography offenses.

A BILL to amend and reenact § 18.2-374.1:1 of the Code of Virginia, relating to possession of child pornography where accused has produced the child pornography; penalties.

17104251D