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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 13, 2017
Time and Place: 8:00 AM / Senate Room B

H.B. 1411 Privately retained counsel; rules and regulations, client's failure to pay.

Patron: Albo

Withdrawal of privately retained counsel. Allows a privately retained counsel in a criminal case to withdraw from representation without leave of court after certification of a charge by a district court by providing written notice within 10 days of the certification to the client, the attorney for the Commonwealth, and the circuit court. The bill also provides that the Judicial Council shall review the current process for withdrawal of privately retained counsel in civil cases and submit a report by November 1, 2017, to the Chairmen of the House and Senate Committees for Courts of Justice.

A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 19.2 a section numbered 19.2-190.2, relating to withdrawal of privately retained counsel; report.

17104649D

H.B. 1485 Sexual offenses; prohibits person from proximity to children and working on school property.

Patron: Bell, Richard P.

Sex offenses prohibiting proximity to children; penalty. Includes in the list of certain sex offenses that prohibit a person convicted of such offenses from being or residing in proximity to schools and certain other property where children congregate or from working on school property any offense similar to such offenses under the laws of any foreign country or political subdivision thereof 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.

17105145D

H.B. 1487 Maximum number of circuit court judges; 19th Judicial Circuit.

Patron: Albo

Maximum number of circuit court judges; 19th Judicial Circuit. Reduces from 15 to 14 the maximum number of circuit court judges in the 19th Judicial Circuit (Fairfax, Fairfax County), effective July 1, 2018, or upon the death, resignation, or retirement of any judge of that court, whichever occurs later.

A BILL to amend and reenact § 17.1-507 of the Code of Virginia, relating to maximum number of circuit court judges; 19th Judicial Circuit.

17101507D

H.B. 1525 Revocation or suspension of driver's licenses; laws of other jurisdictions.

Patron: Albo

Revocation or suspension of driver's licenses; laws of other jurisdictions. Precludes the Commissioner of the Department of Motor Vehicles from administratively revoking or suspending a person's driver's license solely on the basis that such person was convicted under the laws of another jurisdiction if the Supreme Court of Virginia or the Court of Appeals of Virginia has held that the other jurisdiction's law is not substantially similar to the laws of the Commonwealth or a county, city, or town ordinance.

A BILL to amend the Code of Virginia by adding a section numbered 46.2-410.2, relating to revocation or suspension of driver's licenses; laws of other jurisdictions.

17100315D

H.B. 1546 Jurors; confidentiality of name and home address.

Patron: Collins

Juror information; confidentiality. Limits to name and home address the personal information of a juror impaneled in a criminal case that the court may only regulate the disclosure of upon a showing of good cause, which includes a likelihood of bribery, tampering, or physical injury to or harassment of a juror. The bill limits the release of any additional personal information, defined in the bill as any information other than a name and home address, of a juror impaneled in a criminal case to the counsel of record in the case. The bill also provides that the court may, upon the motion of either party or its own motion, and for good cause shown, authorize the disclosure of such personal information to any other person, subject to any restrictions imposed by the court on further dissemination of such personal information

 A BILL to amend and reenact § 19.2-263.3 of the Code of Virginia, relating to juror information; confidentiality.

17105151D

H.B. 1616 Felony homicide; certain drug offenses; accommodation; penalty.

Patron: Lingamfelter

Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. This bill serves to overrule the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014).

 A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; certain drug offenses; penalty.

17105123D

H.B. 1622 Commercial vehicles; harmonizes penalties for driving under the influence (DUI) and commercial DUI.

Patron: Collins

Driving commercial vehicle while intoxicated; penalties. Harmonizes the penalties for driving under the influence (DUI) and commercial DUI. The bill imposes a $250 mandatory minimum fine for a first offense of commercial DUI and mandatory minimum sentences of five days if the person's blood alcohol level was at least 0.15 and 10 days if the person's blood alcohol level was more than 0.20. The bill increases from five to 20 days the mandatory minimum sentence for a second offense committed within five years, adds a 10-day mandatory minimum sentence for a second offense committed within five to 10 years, and imposes a $500 mandatory minimum fine for any second offense committed within a 10-year period. The bill also imposes additional mandatory minimum sentences for a second offense committed within 10 years of 10 days if the person's blood alcohol level was at least 0.15 and 20 days if the person's blood alcohol level was more than 0.20 as well as an additional $500 mandatory minimum fine. The bill raises the penalty for a third offense committed within 10 years from a Class 1 misdemeanor with a mandatory minimum sentence of 10 days, or 30 days if the three offenses were committed within five years, to a Class 6 felony with a mandatory minimum sentence of 90 days, or six months if the three offenses were committed within five years, and a mandatory minimum fine of $1,000. The bill adds a penalty for a fourth or subsequent offense committed within a 10-year period that includes a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. The bill also provides that a person convicted of commercial DUI after being convicted of certain felony DUI or DUI-related offenses is guilty of a Class 6 felony with a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. The bill also provides that the punishment for any person convicted of commercial DUI who was transporting a minor at the time of the offense shall include an additional mandatory minimum sentence of five days and an additional fine of at least $500 and no more than $1,000. Finally, the bill provides that the mandatory minimum punishments are cumulative and mandatory minimum sentences must be served consecutively.

A BILL to amend and reenact § 46.2-341.28 of the Code of Virginia, relating to driving commercial vehicle while intoxicated; penalties.

17104830D

H.B. 1815 Computer trespass; government computers and computers used for public utilities; penalty.

Patron: Yancey

Computer trespass; government computers and computers used for public utilities; penalty. Increases the Class 1 misdemeanor computer trespass crimes to a Class 6 felony if the computer targeted is one that is exclusively for the use of, or used by or for, the Commonwealth, a local government within the Commonwealth, or certain public utilities.

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

17102280D

H.B. 1851 Assault and battery against a family or household member; deferred disposition, waiver of appeal.

Patron: Gilbert

Assault and battery against a family or household member; deferred disposition; waiver of appeal. Provides that a person charged with a first offense of assault against a family or household member who consents to probation and a deferred disposition of the charge has no right of appeal if he is subsequently found guilty of the original charge for a violation of the terms of his probation unless such person withdraws his consent within 10 days of the entry of the order for the deferred disposition. 

A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to assault and battery against a family or household member; deferred disposition; waiver of appeal.

17102595D

H.B. 1855 Court-ordered restitution; form order, enforcement, noncompliance, etc.

Patron: Bell, Robert B.

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, the date by which all restitution is to be paid, 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; and (iii) requiring the clerk of every circuit and district court to submit quarterly reports to the attorney for the Commonwealth and any probation agency serving the locality 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. As introduced, the bill was 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.

17103212D

H.B. 1856 Restitution; supervised probation.

Patron: Bell, Robert B.

Restitution; 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 probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. The bill also requires that a court schedule a hearing if any restitution remains unsatisfied on the date upon which restitution was to be paid in full within 90 days of such date if no probation agency was ordered to monitor the defendant's payments. The bill also establishes a mechanism for releasing a defendant from an indefinite term of probation even though all ordered restitution has not been paid in full. As introduced, this bill was 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, and 19.2-368.15 of the Code of Virginia, relating to restitution; probation.

17104750D

H.B. 2000 Sanctuary policies; prohibited.

Patron: Poindexter

Sanctuary policies prohibited. Provides that no locality shall adopt any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-1409.1, relating to sanctuary policies.

17105157D

H.B. 2035 Electronic filing of land records; fee for paper filing.

Patron: Miller

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

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

17102364D

H.B. 2051 Marijuana offenses; driver's license forfeiture.

Patron: Adams

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 bill provides that a court retains the discretion to suspend or revoke the driver's license of a person placed on deferred disposition for simple possession of marijuana and must suspend or revoke for six months the driver's license of such person who was operating a motor vehicle at the time of the offense. The bill also requires that such a person whose driver's license is not suspended or revoked perform at least 100 hours of community service. 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.

17104877D

H.B. 2064 Assault and battery against a family or household member; eligibility for first offender status.

Patron: Mullin

Assault and battery against a family or household member; eligibility for first offender status. Precludes a person who has been convicted of any felony defined as an act of violence from being eligible for first offender status for assault and battery against a family or household member unless the attorney for the Commonwealth does not object to the person being placed on first offender status. Under current law, only prior convictions for assault and battery against a family or household member serve as a disqualifier.

A BILL to amend and reenact § 18.2-57.3 of the Code of Virginia, relating to assault and battery against a family or household member; eligibility for first offender status.

17102624D

H.B. 2073 Virginia Consumer Protection Act; adds certain fraud crimes.

Patron: Watts

Certain fraud crimes; multi-jurisdiction grand jury; Virginia Consumer Protection Act. Adds the offenses of obtaining money by false pretense, financial exploitation of mentally incapacitated persons, and construction fraud to the criminal violations that a multi-jurisdiction grand jury may investigate and to prohibited practices under the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

A BILL to amend and reenact §§ 19.2-215.1 and 59.1-200 of the Code of Virginia, relating to certain fraud crimes; multi-jurisdiction grand jury; Virginia Consumer Protection Act.

17104681D

H.B. 2127 Victims of sexual assault; rights of victims, physical evidence recovery kits.

Patron: Levine

Rights of victims of sexual assault; physical evidence recovery kits. Requires that victims of sexual assault be advised by the investigating law-enforcement agency of their rights regarding physical evidence recovery kits. The bill requires the Division of Consolidated Laboratory Services of the Virginia Department of General Services and law-enforcement agencies to store a physical evidence recovery kit for an additional 10 years following a written objection to its destruction from the victim. The bill requires the law-enforcement agency to notify the victim at least 60 days prior to the intended date of destruction of the kit and provides that no victim of sexual assault shall be charged for the cost of collecting or storing a kit.

A BILL to amend and reenact §§ 19.2-11.01, 19.2-11.6, 19.2-11.8, and 19.2-11.11 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1.2 of Title 19.2 a section numbered 19.2-11.12, relating to rights of victims of sexual assault; physical evidence recovery kits.

17104909D

H.B. 2184 Inmates; inpatient psychiatric hospital admission.

Patron: Yost

Evaluation of inmate; inpatient psychiatric hospital admission. Requires that if the person having custody of an inmate of a local correctional facility files a petition for inpatient psychiatric hospital admission of the inmate, the person having custody shall ensure that the appropriate community services board or behavioral health authority is advised of the need for a preadmission screening. The bill further requires the person having custody of the inmate to contact the director or other senior management at the community services board or behavioral health authority if such board or authority does not respond to the advisement that a preadmission screening is necessary or fails to complete the preadmission screening.

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

17102034D

H.B. 2231 Ignition interlock system; period of time which person is prohibited to drive, etc.

Patron: Miller

Ignition interlock; duration; installation. Provides that the period of time during which a person is (i) prohibited from operating a motor vehicle that is not equipped with an ignition interlock system or (ii) required to have an ignition interlock system installed on each motor vehicle owned by or registered to him is calculated from the date the court issues him a restricted license. The bill further provides that this period of time is tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles.

A BILL to amend and reenact §§ 18.2-270.1 and 18.2-271.1 of the Code of Virginia, relating to ignition interlock; duration; installation.

17104682D

H.B. 2238 DUI manslaughter; ignition interlock.

Patron: Miller

DUI manslaughter; ignition interlock. Requires that, as a condition of being granted a restricted driver's license, a person convicted of manslaughter as a result of driving under the influence be prohibited from operating a motor vehicle without an ignition interlock and have an ignition interlock installed on all vehicles owned by or registered to such person.

A BILL to amend and reenact § 18.2-270.1 of the Code of Virginia, relating to DUI manslaughter; ignition interlock.

17103087D

H.B. 2240 Victims of crime; right to nondisclosure of certain information.

Patron: Miller

Crime victim's right to nondisclosure of certain information; murder. Requires that written consent provided by the victim's next of kin to law enforcement is necessary before a law-enforcement agency may disclose any information that identifies the victim of a crime that resulted in the victim's death.

A BILL to amend and reenact § 19.2-11.2 of the Code of Virginia, relating to crime victim's right to nondisclosure of certain information; murder.

17104667D

H.B. 2288 Computer trespass; computer invasion of privacy, penalty, civil relief.

Patron: Collins

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

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

17103689D

H.B. 2327 Driving under influence of alcohol; implied consent, refusal of blood or breath tests.

Patron: Collins

DUI; implied consent; refusal of blood or breath tests. Eliminates the criminal penalties for refusing to submit to a blood test to determine the alcohol or drug content of a defendant's blood upon arrest for a DUI-related offense under the law on implied consent. The bill also increases to a Class 1 misdemeanor the criminal penalty for refusing to submit to a breath test under the law on implied consent for an offense committed within 10 years of a prior offense of refusal or of another DUI-related offense. The bill also extends to blood tests performed by the Department of Forensic Science pursuant to a search warrant the rebuttable presumption that a person is intoxicated based on the person's blood alcohol level demonstrated by such tests. The bill also provides that an application for a search warrant to perform a blood test on a person suspected of committing a DUI-related offense shall be given priority over any other matters pending before the judge or magistrate. Finally, the bill authorizes the Attorney General to participate in appeals of civil offenses for unreasonably refusing to submit to testing under the implied consent law. This bill is in response to the U.S. Supreme Court decision in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016).

A BILL to amend and reenact §§ 2.2-511, 8.01-44.5, 15.2-1627, 16.1-228, 16.1-241, 16.1-278.8, 16.1-278.9, 16.1-309, 18.2-268.3, 18.2-268.4, 18.2-268.7, 18.2-268.9, 18.2-269, 18.2-272, 19.2-52, 19.2-73, 29.1-738.3, 46.2-341.26:2, 46.2-341.26:3, 46.2-341.26:4, 46.2-341.26:7, 46.2-341.26:9, 46.2-341.27, 46.2-391.2, 46.2-391.4, and 46.2-2099.49 of the Code of Virginia, relating to DUI; implied consent; refusal of blood or breath tests.

17105153D

EMERGENCY

H.B. 2338 Restitution; priority of payments.

Patron: Bell, Robert B.

Restitution; priority of payments. Provides that whenever a defendant owes court-ordered restitution payments, any money collected shall be distributed first to the victim to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any other fines or costs owed by the defendant.

A BILL to amend and reenact §§ 19.2-305.1 and 19.2-354 of the Code of Virginia, relating to restitution; priority of payments.

17103916D

H.B. 2350 Electronic devices; use of system to trespass.

Patron: Minchew

Use of unmanned aircraft system to trespass; peeping into dwelling or occupied building; penalty. Punishes as a Class 1 misdemeanor the use of an electronic device to enter upon the property of another to secretly or furtively peep or spy or attempt to peep or spy into a dwelling or occupied building located on such property, unless such use occurs pursuant to a lawful criminal investigation.

 A BILL to amend the Code of Virginia by adding a section numbered 18.2-130.1, relating to use of unmanned aircraft system to trespass; peeping into dwelling or occupied building; penalty.

17105148D

H.B. 2386 Court-ordered fines, etc.; deferred, modified deferred, or installment payment agreements.

Patron: Loupassi

Payment of court-ordered fines, etc.; deferred or installment payment agreements. Establishes the requirements for deferred or installment payment agreements that a court must offer a defendant who is unable to pay court-ordered fines, costs, forfeitures, and penalties. The bill requires that a court take into account a defendant's financial circumstances, including whether the defendant owes fines and costs to other courts, in setting the terms of a payment agreement. The bill fixes the maximum down payments that a court may require as a condition of entering a payment plan and provides that payments made within 10 days of their due date are timely made. The bill precludes a court from denying a defendant the opportunity to enter into a payment agreement solely because of the crime committed, the total amount owed or that such amount has been referred to collections, any previous default by the defendant or failure to establish a payment history, or the defendant's eligibility for a restricted driver's license. The bill allows all costs and fines owed by a defendant to any one court to be incorporated into one payment agreement and allows a defendant to request a modification of the terms of the agreement, which shall be granted upon a good faith showing of need. The bill requires a court to consider a request by a defendant who has defaulted on a payment agreement to enter into a subsequent agreement and requires the court to fix a down payment for subsequent payment agreements. Finally, the bill provides that the payment agreement includes restitution unless the court has entered a separate order regarding the payment of restitution.

A BILL to amend and reenact § 19.2-354 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-354.1, relating to payment of court-ordered fines, etc.; deferred or installment payment agreements.

17104867D

H.B. 2410 Terrorist organization, designated; providing material support, penalty.

Patron: Gilbert

Providing support to terrorist organizations; penalty. Provides that any person who knowingly provides any material support to an individual or organization whose primary objective is to commit an act of terrorism and does so with the intent to further such objective is guilty of a Class 3 felony. If the providing of such material support results in the death of any person, the penalty is increased to a Class 2 felony. The bill also expands the definition of act of terrorism to include an act committed outside the Commonwealth that would meet the definition of an act of violence if such act was committed within the Commonwealth.

A BILL to amend and reenact §§ 18.2-46.4 and 18.2-46.5 of the Code of Virginia, relating to providing support to terrorist organizations; penalty.

17105165D

H.B. 2424 Concealed weapons; carrying of firearms by former attorneys for the Commonwealth, etc.

Patron: Miller

Carrying concealed weapons; former attorneys for the Commonwealth and assistant attorneys for the Commonwealth. Exempts a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth who (i) was not terminated for cause and served at least 10 years prior to his retirement or resignation; (ii) during the most recent 12-month period, has met, at his own expense, the standards for qualification in firearms training for active law-enforcement officers in the Commonwealth; (iii) carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the attorney for the Commonwealth from whose office he retired or resigned; and (iv) meets the requirements of a "qualified retired law enforcement officer" pursuant to the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C) from the prohibition on carrying a concealed handgun. The bill provides that a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth who has received such proof of consultation and favorable review shall have the opportunity to annually participate, at his expense, in the same training and testing to carry firearms as is required of active law-enforcement officers in the Commonwealth.

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 carrying concealed weapons; former attorneys for the Commonwealth and assistant attorneys for the Commonwealth.

17103842D

H.B. 2462 Inpatient psychiatric hospital admission; defendant found incompetent.

Patron: Bell, Robert B.

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

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

17104544D

H.B. 2467 Driving on a suspended or revoked license; period of suspension.

Patron: Bell, Robert B.

Driving on a suspended or revoked license; period of suspension. Provides that any driver's license suspension imposed upon a person for the failure to pay court-ordered fines and costs shall run concurrently with any other period of license suspension, revocation, or forfeiture imposed upon such person. The bill also provides that in the event that a person whose license has been suspended for the failure to pay court-ordered fines and costs is convicted of driving on a suspended or revoked license, the additional period of license suspension imposed as a result of that conviction runs concurrently with the underlying suspension for the failure to pay court-ordered fines and costs. Under current law, such additional suspension period does not commence until the expiration of the previous suspension or revocation.

A BILL to amend and reenact §§ 46.2-301 and 46.2-395 of the Code of Virginia, relating to driving on a suspended or revoked license; period of suspension.

17103953D

H.B. 2473 Protective orders or stalking; third or subsequent offense.

Patron: Cline

Violation of protective order or stalking; third or subsequent offense. Expands the offenses for which a conviction of a third or subsequent offense, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence and the instant and prior offenses arise out of separate incidents, is a Class 6 felony with a mandatory minimum term of confinement of six months from violating a protective order to any combination of violating a protective order or stalking.

 A BILL to amend and reenact § 16.1-253.2 of the Code of Virginia, relating to violation of protective order or stalking; third or subsequent offense.

17105122D