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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: February 8, 2017
Time and Place: 15 Minutes After the Senate Adjourns / Senate Room B
Updated to add HB 1514, 1852, 1853 and 2002

H.B. 1392 School security officers; carrying a firearm in performance of duties.

Patron: Lingamfelter


School security officers; carrying a firearm in performance of duties. Authorizes a school security officer to carry a firearm in the performance of his duties if (i) he is a retired law-enforcement officer who retired or resigned in good standing, (ii) he has met the additional training and certification requirements of the Department of Criminal Justice Services (DCJS), (iii) the local school board solicits input from the chief law-enforcement officer of the locality regarding the qualifications of the officer, and (iv) the local school board grants him the authority to carry a firearm in the performance of his duties. The bill requires DCJS to establish additional firearms training and certification requirements for school security officers who carry a firearm in the performance of their duties. Existing law requires DCJS to establish minimum training and certification requirements for school security officers.

A BILL to amend and reenact §§ 9.1-102, 18.2-308.1, and 22.1-280.2:1 of the Code of Virginia, relating to school security officers; carrying a firearm in performance of duties.

17100071D

H.B. 1466 Concealed handgun permits; expiration notice.

Patron: Fowler

Renewal of concealed handgun permits; notice. Provides that if a clerk has an electronic system for the application for and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, the clerk shall send the permit holder an electronic email notice that the permit will expire at least 90 days prior to such expiration. The bill provides that such notice shall be sent only if the applicant provides his email or other electronic address on his permit application, which shall request but not require this information. The bill provides further that any failure to send or receive such notice does not extend the validity of the existing permit beyond its expiration date.

A BILL to amend and reenact §§ 18.2-308.02 and 18.2-308.010 of the Code of Virginia, relating to renewal of concealed handgun permits; notice.

17104468D

H.B. 1468 Compliance with detainers; U.S. Immigration and Customs Enforcement.

Patron: Marshall, R.G.

Compliance with detainers; U.S. Immigration and Customs Enforcement. Prohibits the Director of the Department of Corrections, sheriff, or other official in charge of a facility in which an alien is incarcerated from releasing an incarcerated alien for whom a lawful detainer order has been received from U.S. Immigration and Customs Enforcement, except to transfer custody of such alien to another facility or to an appropriate federal authority. The bill provides that no alien shall be held in custody in excess of his scheduled release date unless federal or state law requires that such alien be held.

A BILL to amend and reenact § 53.1-220.2 of the Code of Virginia, relating to compliance with detainers; U.S. Immigration and Customs Enforcement.

17100565D

H.B. 1514 Doctor of medicine, etc.; reporting disabilities of drivers to DMV, not subject to civil liability.

Patron: Fowler

Health care practitioners; reporting disabilities of drivers. Provides that any doctor of medicine, osteopathy, chiropractic, or podiatry or any nurse practitioner, physician assistant, optometrist, physical therapist, or clinical psychologist who reports to the Department of Motor Vehicles the existence, or probable existence, of a mental or physical disability or infirmity of any person licensed to operate a motor vehicle that the reporting individual believes affects such person's ability to operate a motor vehicle safely is not subject to civil liability or deemed to have violated the practitioner-patient privilege unless he has acted in bad faith or with malicious intent.

A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 54.1-2400.9, and to repeal § 54.1-2966.1 of the Code of Virginia, relating to the reporting of disabilities of drivers.

17104297D

H.B. 1524 Special conservators of the peace; liability insurance, etc.

Patron: Lingamfelter

Special conservators of the peace; liability insurance. Requires that each person registered as or seeking registration as a special conservator of the peace be covered by a policy of (i) personal injury liability insurance, (ii) property damage liability insurance, and (iii) miscellaneous casualty insurance, in an amount and with coverage for each as fixed by the Criminal Justice Services Board.

A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; liability insurance.

17104673D

H.B. 1604 Foster care; definitions, reasonable efforts to prevent removal of child.

Patron: Bell, Richard P.

Foster care; reasonable efforts to prevent removal of child. Allows a local board of social services to take a child into immediate custody pursuant to an emergency removal order in cases in which the child is alleged to have been abused or neglected, and allows a court to issue certain orders in such cases, without requiring that reasonable efforts be made to prevent removal of the child from his home if (i) the parental residual rights of the child's parent over a sibling were involuntarily terminated; (ii) the parent was convicted of murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim was a child of or resided with the parent or was the other parent of the child; (iii) the parent was convicted of felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim was a child of or resided with the parent; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances or abandoned a child under circumstances that would justify the termination of residual parental rights. The bill provides that, in each permanency planning hearing and in any hearing regarding the transition of the child from foster care to independent living, the court shall consult with the child, unless the court finds that such consultation is not in the best interests of the child. The bill makes other changes related to foster care to comply with federal requirements.

A BILL to amend and reenact §§ 16.1-251, 16.1-252, 16.1-278.2, 16.1-278.4, and 16.1-282.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-910.2, relating to foster care; reasonable efforts to prevent removal of child.

17104379D

H.B. 1699 Danville, City of; recordation of deeds subject to liens for unpaid taxes.

Patron: Marshall, D.W.

City of Danville; recordation of deeds subject to liens for unpaid taxes. Authorizes the City of Danville to establish by ordinance a pilot project requiring that no deed with an assessed value of $50,000 or less be recorded by the clerk unless the city director of finance certifies that there are no liens against the property for unpaid taxes, interest, or fines owed to the City of Danville.

The bill requires the City of Danville to make a written report to the Virginia Housing Commission by May 31, 2020, and it expires on July 1, 2021. The bill is a recommendation of the Virginia Housing Commission.

A BILL to establish a pilot project in the City of Danville regarding recordation of deeds subject to liens for unpaid taxes.

17102043D

H.B. 1746 Institutions of higher education; possession and administration of epinephrine.

Patron: Rush

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 institutions of higher education.

17100520D

H.B. 1748 Persons administering services for patients at certain clinics exempt from liability.

Patron: O'Bannon

Persons administering services for patients at certain clinics exempt from liability. Adds to the list of persons who are exempt from liability resulting from the rendering of certain services persons who organize, arrange, promote, or administer health care services voluntarily and without compensation to any patient of any clinic that is organized in whole or in part for the delivery of health care services without charge or any clinic for the indigent and uninsured that is organized for the delivery of primary health care services as a federally qualified health center designated by the Centers for Medicare & Medicaid Services.

A BILL to amend and reenact § 54.1-106 of the Code of Virginia, relating to persons organizing, arranging for, or administering services for patients at certain clinics; exemption from liability.

17101057D

H.B. 1791 Conspiracy, incitement, etc., to riot; penalty when against public safety personnel.

Patron: Lingamfelter

Conspiracy; incitement, etc., to riot; public safety personnel; penalty. Provides that any person who conspires with others to cause or produce a riot against, or directs, incites, or solicits other persons who participate in a riot to acts of force or violence against, a law-enforcement officer, firefighter, volunteer firefighter, or emergency medical services personnel, engaged in the performance of his public duties, or a member of the Virginia National Guard or the Virginia Defense Force on official state or federal duty is guilty of a Class 3 felony.

A BILL to amend and reenact § 18.2-408 of the Code of Virginia, relating to conspiracy; incitement, etc., to riot; public safety personnel; penalty.

17100460D

H.B. 1832 Negotiable instruments; statute of limitations.

Patron: Kilgore

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

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

17101944D

H.B. 1852 Concealed handguns; protective orders.

Patron: Gilbert

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.

17102313D

H.B. 1853 Victims of domestic violence, etc.; firearms safety or training course.

Patron: Gilbert

Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the 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, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount available in the Fund. 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, 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 and to amend the Code of Virginia by adding a section numbered 9.1-116.1:1, relating to victims of domestic violence, etc.; firearms safety or training course.

17104674D

H.B. 1903 Business records; admissibility in criminal proceedings.

Patron: Heretick

Admissibility of business records; criminal proceedings. Extends to criminal proceedings the existing procedures in civil proceedings for the authentication and foundation necessary for the admission of a business record under the business records exception to the rule against hearsay.

A BILL to amend and reenact § 8.01-390.3 of the Code of Virginia, relating to admissibility of business records; criminal proceedings.

17101374D

H.B. 1951 Criminal Justice Services Board and its Committee on Training; citizen membership.

Patron: Peace

Criminal Justice Services Board. Adds to both the Criminal Justice Services Board (Board) and its Training Committee one citizen member representing community interests. The bill also replaces the member of the Board representing the Virginia Crime Prevention Association, which is no longer in existence, with a member representing the Virginia Association of Campus Law Enforcement Administrators.

A BILL to amend and reenact §§ 9.1-108 and 9.1-112 of the Code of Virginia, relating to citizen membership on the Criminal Justice Services Board and its Committee on Training.

17104645D

H.B. 2002 Refugee and immigrant resettlements; reports to Department of Social Services.

Patron: Poindexter

Department of Social Services; refugee and immigrant resettlements; report. Requires nonprofit resettlement agencies and their local affiliates that provide refugee or other immigrant resettlement services in the Commonwealth to annually report to the Department of Social Services (the Department) nonidentifying information regarding (i) the total number of individuals resettled in Virginia by such nonprofit resettlement agency or affiliate; (ii) the locality in which each individual was placed; (iii) the age, gender, and national origin of each individual; and (iv) whether each individual was placed through the U.S. Refugee Resettlement Program and, if so, the eligibility status of such individuals. The bill requires the Department to collate and annually submit such information to the Governor and the General Assembly.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 2 of Title 63.2 a section numbered 63.2-214.4, relating to refugee and immigrant resettlements; annual report.

17102612D

H.B. 2024 Condemnation powers and proceedings; notice to owner or tenant.

Patron: Freitas

Condemnation powers and proceedings; notice to owner or tenant. Requires an authorized condemnor, or the Commissioner of Highways, as applicable, to give notice to the owner or tenant of freehold property subject to condemnation no later than 15 days prior to the filing or recordation of a certificate in any "quick take" condemnation proceeding. Current law requires notice but does not provide a time frame within which such notice must be given.

A BILL to amend and reenact §§ 25.1-306 and 33.2-1020 of the Code of Virginia, relating to condemnation powers and proceedings; notice to owner or tenant.

17104805D

H.B. 2084 Search warrants; person subject to arrest.

Patron: Herring

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.

17103215D

H.B. 2113 Breach of payroll data; notification requirement.

Patron: Keam

Notification requirement; breach of payroll data. Requires employers to notify the Department of Taxation after discovery of a security breach of payroll information.

A BILL to amend and reenact § 18.2-186.6 of the Code of Virginia, relating to a notification requirement for breach of payroll data.

17104542D

H.B. 2166 Controlled substances; possession, penalty.

Patron: Pillion

Possession of controlled substances. Lists possession of certain controlled substances (buprenorphine, cocaine, codeine, fentanyl, heroin, hydrocodone, hydromorphone, methadone, methamphetamine; methylphenidate, morphine, and oxycodone) as separate offenses under the existing crime of possession of controlled substances for the purpose of having the Virginia Criminal Sentencing Commission promulgate separate Virginia crime codes for such offenses. The bill does not alter the existing penalty for possession of these substances.

A BILL to amend and reenact § 18.2-250 of the Code of Virginia, relating to possession of controlled substances.

17102039D

H.B. 2287 Juvenile Justice, Department of; confidentiality of records.

Patron: Collins

Confidentiality of Department of Juvenile Justice records; community gang task forces. Permits the Department of Juvenile Justice to share, at its discretion, the social reports and records of children who are committed to the Department to a gang task force, provided that its membership (i) consists of only representatives of state or local government or (ii) includes a law-enforcement officer who is present at the time of the disclosure.

A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to confidentiality of Department of Juvenile Justice records; community gang task forces.

17104421D

H.B. 2324 Jurors; payment by prepaid debit card or card account.

Patron: Yost

Payment of jurors; prepaid debit card or card account. Adds payment by credit to a prepaid debit card or card account to the methods by which a juror may be paid. The bill requires that, where such method is used, such card or card account permit the juror to make at least one withdrawal or transfer without incurring a fee.

A BILL to amend and reenact § 17.1-619 of the Code of Virginia, relating to payment of jurors; prepaid debit card or card account.

17103767D

H.B. 2325 Concealed handgun; application for permit requires photo identification.

Patron: Fariss

Application for a concealed handgun permit; photo identification. Requires applicants for a concealed handgun permit to present one form of government-issued photo identification issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport). The bill removes the requirement that the application be made under oath before a notary.

A BILL to amend and reenact §§ 18.2-308.02, 18.2-308.06, 18.2-308.010 of the Code of Virginia, relating to application for a concealed handgun permit; photo-identification.

17104517D

H.B. 2328 Persons allowed services without fees or costs; inability to pay on account of poverty, guidelines.

Patron: Collins

Inability to pay fees or costs on account of poverty; guidelines. Requires the court to use the guidelines for determining indigency for the appointment of counsel in determining a person's inability to pay fees or costs on account of poverty in a civil action.

A BILL to amend and reenact § 17.1-606 of the Code of Virginia, relating to inability to pay fees or costs on account of poverty; guidelines.

17101994D

H.B. 2329 Capitol Police, Division of; arrest without warrant.

Patron: Morefield

Division of Capitol Police; arrest without warrant. Adds members of the Division of Capitol Police to the list of officers authorized to arrest without a warrant in certain situations.

A BILL to amend and reenact § 19.2-81, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Division of Capitol Police; arrest without warrant.

17103868D

H.B. 2369 Concealed handgun permit; change of address.

Patron: Pogge

Concealed handgun permit; change of address. Replaces the requirement that a concealed carry permit holder present proof of a new address with a requirement that the permit holder present written notice of the change of address on a form provided by the Department of State Police for a court to issue a replacement concealed handgun permit due to a change of address.

A BILL to amend and reenact § 18.2-308.011 of the Code of Virginia, relating to concealed handgun permit; change of address.

17103285D