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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Chairman: Mark D. Obenshain
Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 22, 2018
Time and Place: 8 AM / Senate Room A, Pocahontas Building
Patron: Spruill
Sex offenders in emergency shelters; notification registration. Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify a member of the shelter's staff who is responsible for providing security of such person's status as a registered sex offender. The bill provides that the shelter's staff may access the publicly available information on the Sex Offender and Crimes Against Minors Registry regarding such person and use such information in making reasonable accommodations to ensure the safety of all persons in the shelter; however, no person shall be denied entry solely on the basis of his status as a sex offender unless such entry is otherwise prohibited by law. The bill also requires that such person register with the local law-enforcement agency where the shelter is located within three days of entering the shelter if such person continues to reside in the shelter at that time.
Patron: Stanley
Expungement of police and court records; deceased persons. Provides that in the event that a person who is entitled to bring a petition for expungement dies before filing a petition, the next of kin of the decedent may file on the decedent's behalf within three years after the death of the decedent. The bill also provides that if a person who is entitled to bring a petition for expungement dies while such petition is pending, his next of kin may continue to prosecute such petition on the decedent's behalf.
Patron: Favola
Fee for filing certain petitions in juvenile and domestic relations district court. Repeals the $25 filing fee that is charged for commencement of a custody or visitation case in the juvenile and domestic relations district court.
Patron: Black
Female genital mutilation; criminal penalty. Increases from a Class 1 misdemeanor to a Class 2 felony the penalty for any person to knowingly circumcise, excise, or infibulate the labia major, labia minora, or clitoris of a minor; for any parent or guardian charged with the care of a minor to consent to such circumcision, excision, or infibulation; or for any parent or guardian charged with the care of a minor to knowingly remove or cause of permit the removal of such minor from the Commonwealth for the purposes of performing such circumcision, excision, or infibulation.
Patron: Cosgrove
Sex offenders in emergency shelters; notification registration. Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify a member of the shelter's staff who is responsible for providing security of such person's status as a registered sex offender. The bill provides that the shelter's staff may access the publicly available information on the Sex Offender and Crimes Against Minors Registry regarding such person and use such information in making reasonable accommodations to ensure the safety of all persons in the shelter; however, no person shall be denied entry solely on the basis of his status as a sex offender unless such entry is otherwise prohibited by law. The bill also requires that such person register with the local law-enforcement agency where the shelter is located within three days of entering the shelter if such person continues to reside in the shelter at that time.
Patron: Edwards
Income withholding orders. Repeals the requirement, enacted in 1993, that an employer request that each new employee disclose whether the employee has an income withholding order. This requirement has been superseded in practice by requirements that an employer submit information about new hires to the Virginia New Hire Reporting Center within 20 days of the employee's hire date. Under the current system, relevant data in the State Directory of New Hires and the National Directory of New Hires is used by the Division of Child Support Enforcement to issue orders enforcing child support obligations. This bill is a recommendation of the Virginia Code Commission.
Patron: Spruill
Places of confinement for juveniles. Provides that when juveniles who are determined by the court to be a threat to the security or safety of other juveniles detained in a juvenile secure facility are transferred to or confined to a jail or other facility for the detention of adults, such adult-detention facility must be approved by the State Board of Corrections for the detention of juveniles. The bill removes an existing provision that such juveniles need not be separated and removed from the adult detainees when confined with adults.
Patron: Spruill
Criminal street gang predicate offenses; penalty. Expands the definition of a predicate criminal act associated with gang activity to include a felony violation of (i) obtaining money by false pretense and (ii) identity theft.
Patron: Favola
Custody and visitation decisions; communication to parties required in writing. Requires judges to communicate the basis of a custody or visitation decision to the parties in writing. Current law allows such a decision to be communicated either orally or in writing.
Patron: Favola
Assault and battery against a family member; child witness as a sentencing consideration. Provides that if a defendant is convicted of assault and battery against a family or household member and a minor who is a family or household member of the defendant was a witness to the offense, the court may consider such circumstance as an aggravating factor in determining sentencing.
Patron: Favola
Statements made by child to an intake officer or probation officer. Provides that a statement made by a child during or after the intake process, or during or after a mental health screening or other court-ordered evaluation or assessment, and prior to a hearing on the merits of a petition field against the child, shall not be admissible at any stage of the proceedings. Current law limits such period of time to those statements made during the intake process, or during a mental health screening or assessment, and prior to a hearing on the merits of a petition filed against the child.
Patron: Favola
Rights of parents with a disability. Provides that a parent's disability, as defined in the bill, shall not be the sole basis of the denial or restriction of such parent's custody or visitation rights. The bill requires a party who alleges that a parent's disability should be a factor to be considered to not be in the best interests of the child, or should otherwise be a reason to deny or restrict such a parent's custody or visitation rights, to prove that the child's best interests would not be met or served due to such parent's disability. The bill allows a parent with a disability to demonstrate how supportive parenting services would appropriately address any threats to the child's best interests and further allows the court to order that such services be ordered by the court. The bill requires a court to make written findings where the court denies or restricts custody or visitation of a parent with a disability or where supportive parenting services are not ordered. The same requirements apply to the denial or approval of a prospective foster parent with a disability, or removal of a child from the home of a foster parent with a disability, and to the denial of a final order of adoption wherein the prospective adoptive parent has a disability.
Patron: Favola
Interest on child support arrearages. Provides that no interest shall accrue on arrearages for child support obligations when the order for such support was entered on or after July 1, 2018.
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 or a form completed by a law-enforcement officer that includes a statement of the grounds for the order, 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.
Patron: Marsden
Expungement of police and court records; deceased persons. Provides that in the event that a person who is entitled to bring a petition for expungement dies before filing a petition, the next of kin of the decedent may file on the decedent's behalf within three years after the death of the decedent. The bill also provides that if a person who is entitled to bring a petition for expungement dies while such petition is pending, his next of kin may continue to prosecute such petition on the decedent's behalf.
Patron: Black
Dissemination of juvenile record information; emergency medical services agency applicants. Provides that juvenile record information maintained in the Central Criminal Records Exchange may be disseminated (i) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency and (ii) to the county, city, or town manager or chief law-enforcement officer located in a locality that has adopted an ordinance to conduct investigations of employment applicants for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency.
Patron: Favola
Dissemination of juvenile record information; emergency medical services agency applicants. Provides that juvenile record information maintained in the Central Criminal Records Exchange may be disseminated (i) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency and (ii) to the county, city, or town manager or chief law-enforcement officer located in a locality that has adopted an ordinance to conduct investigations of employment applicants for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency.
Patron: Wexton
Dissemination of juvenile record information; emergency medical services agency applicants. Provides that juvenile record information maintained in the Central Criminal Records Exchange may be disseminated (i) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency and (ii) to the county, city, or town manager or chief law-enforcement officer located in a locality that has adopted an ordinance to conduct investigations of employment applicants for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency.
Patron: Stanley
Temporary delegation of parental or legal custodial powers; child-placing agency. Allows a parent or legal custodian of a minor to delegate to another person by a properly executed power of attorney any powers regarding care, custody, or property of the minor for a period not exceeding one year. The bill provides that a parent or legal custodian who is a service member, as defined in the bill, may delegate such powers for a period of longer than a year while on active duty service, but specifies that such a period is not to exceed such active duty service plus 30 days. The bill also exempts from the requirement to obtain a license as a child-placing agency a private, nonprofit organization that does not accept public funds and that assists parents with the process of delegating parental or legal custodial powers of their children, including assistance with identifying appropriate placements for their children, or that provides services and resources to support parents and legal guardians to whom custody has been transferred pursuant to a temporary delegation of parental or legal custodial powers.
Patron: Chafin
Passing a stopped school bus; injury to another person; penalty. Provides that any person who unlawfully passes a stopped school bus while driving a motor vehicle and causes serious bodily injury to another person is guilty of a Class 5 felony.
Patron: McDougle
Driving while intoxicated; fourth offense; penalty. Provides that any person convicted of a fourth or subsequent offense of driving while intoxicated committed within a 10-year period shall be guilty of a Class 4 felony.
Patron: McDougle
Driving under the influence; secure transdermal alcohol monitoring. Provides that the court may, upon request of an offender convicted for DUI, order that the offender (i) wear a secure transdermal alcohol monitoring device that continuously monitors the person's blood alcohol level and (ii) refrain from alcohol consumption. The bill provides that if an offender is ordered to wear such a device, the only conditions that will be imposed upon the offender's restricted driver's license, if one is issued, shall be the wearing of such a device and the existing requirement to have an ignition interlock system. The bill also provides that it is a Class 1 misdemeanor to tamper with or in any way attempt to circumvent the operation of a secure transdermal alcohol monitoring device.
Patron: McDougle
Hashish oil; definition. Adds to the definition of hashish oil any waxy or solid extract containing one or more cannabinoids, excluding any such waxy or solid extract with a combined tetrahydrocannabinol and tetrahydrocannabinol acid content of less than 12 percent by weight.
Patron: McDougle
Witness testimony accompanied by certified facility dogs. Provides that in certain criminal proceedings the defendant may request and the court may enter an order authorizing the use of a certified facility dog to aid a testifying witness, provided that the dog has an established relationship with the testifying witness, and the use of a certified facility dog will aid the witness in providing testimony. The bill defines "certified facility dog" as a dog that has completed training or been certified from a program of an assistance dog organization to perform the duties of providing emotional support to people in high-stress environments and that is accompanied by a duly trained handler.
Patron: Reeves
Malicious bodily injury to or pointing of laser at members of United States Armed Forces; penalty. Adds members of the United States Armed Forces, and members of the Virginia National Guard, to the list of persons the malicious or unlawful wounding of whom, or the pointing of a laser at whom, is subject to an enhanced penalty.
Patron: Carrico
Disorderly conduct in public places; right to detain. Provides that the person in charge of any public building, place, conveyance, meeting, operation, or activity may detain any person who engages in disorderly conduct for a period not to exceed one hour pending arrival of a law-enforcement officer.
Patron: Carrico
Jurisdiction; offenses against children. Provides that a juvenile and domestic relations district court has jurisdiction over offenses against the person of a child, including those offenses where the identity of the child is unknown. In prosecution for felonies over which the court has jurisdiction, jurisdiction shall be limited to determining whether or not there is probable cause.
Patron: Carrico
Use of unmanned aircraft systems; Department of State Police; Department of Transportation. Allows the Department of State Police and the Department of Transportation to utilize unmanned aircraft systems in surveying the scene of an accident that occurred on a highway and recording images and video following such accident for the purpose of crash reconstruction.
Patron: Hanger
Modification of spousal support; retirement age. Provides that for the purposes of petitioning the court for a modification of spousal support, the payor spouse reaching full retirement age pursuant to the federal Social Security Act shall be considered a material change in circumstances. The bill provides a list of factors that shall be considered by the court in considering modification based on the payor spouse reaching full retirement age. A request for modification based on the payor spouse's retirement age is available to any person subject to a spousal support order regardless of the date of the suit for initial setting of support or the date of entry of any such order or decree. Finally, the bill provides that in the court's consideration of a petition for modification for any reason, it shall consider the assets or property interest of each of the parties from the date of the support order and up to the time of the hearing on modification or termination, and any income generated from the asset or property interest.
Patron: Obenshain
Unlawful creation of image of another; incapacitated adult; penalty. Provides that knowingly and intentionally creating a videographic or still image of a nonconsenting person if such person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or if the recording device was positioned directly beneath or between such person's legs is punishable as a Class 6 felony if the nonconsenting person is an incapacitated adult. The bill provides that any person who, without authorization and with the intent to coerce, harass, or intimidate, maliciously disseminates or sells a videographic or still image of an incapacitated adult who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, is guilty of a Class 6 felony.
Patron: Surovell
Adultery; civil penalty. Reduces the penalty for adultery from a Class 4 misdemeanor to a civil penalty of not more than $250.
Patron: Surovell
Assisted conception; parentage presumption. Makes the relevant law regarding children born as a result of assisted conception applicable to both same-sex and opposite-sex married couples. The bill also provides that a person is presumed to be the parent of a child if such person is married to the mother at the time of the child's birth or was married to the mother within 300 days of the child's birth.
Patron: Surovell
Modification of spousal support. Provides that no request for modification of spousal support based on a material change in circumstances or the terms of stipulation or contract shall be denied solely on the basis of the terms of any stipulation or contract that is filed on or after July 1, 2018, unless such stipulation or contract contains specific language set out in the bill.
Patron: Surovell
Spousal support payments; employer withholding. Clarifies that spousal support orders may be enforced by a court order requiring the payor's employer to deduct the support amount due from the amounts due or payable to such payor. Under current law, it is unclear that such withholding is available for enforcement of spousal support payments in addition to child support payments. The bill makes technical amendments.
Patron: DeSteph
Cruelty to animals; aggravated cruelty; penalty. Provides that a person who commits an act of aggravated cruelty on a companion animal is guilty of a Class 6 felony. The bill defines "aggravated cruelty" and "torture." The bill increases from a Class 1 misdemeanor to a Class 6 felony the penalty for torturing, killing, or willfully inflicting inhumane injury or pain to a dog or cat. Current law requires that the dog or cat die as a direct result of the torture or cruelty before the violation is a Class 6 felony.
Patron: Surovell
Driving under the influence; first offenders; license conditions; penalty. Provides that in the case of an adult offender's first conviction of driving under the influence when the offender's blood alcohol content was less than 0.15, the sole restriction of the offender's restricted driver's license shall be the prohibition of the offender from operating any motor vehicle not equipped with a functioning, certified ignition interlock system for one year without any violation of the ignition interlock system requirements.
Patron: Reeves
Damage or trespass to critical infrastructure or utilities; penalty. Provides that any person who intentionally destroys or damages any alumina refinery, a chemical, polymer, or rubber manufacturing facility, a transmission facility used by a federally licensed radio or television station, a steelmaking facility that uses an electric arc furnace to make steel, a facility identified and regulated by the U.S. Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program, a dam that is regulated by the Commonwealth or federal government, a port, a railroad switching yard, railroad tracks, a trucking terminal, or other freight transportation facility, or a facility that is used to furnish cellular telephone or other wireless telecommunications service, is guilty of a Class 4 felony, provided that in the event the destruction or damage may be remedied or repaired for $200 or less such act shall constitute a Class 3 misdemeanor.
Patron: Carrico
Installation of a pen register or trap and trace device; emergency circumstances. Provides that when disclosure of real time location data is not prohibited by federal law, an investigative or law-enforcement officer may obtain a pen register or trap and trace device installation without a court order in certain emergency circumstances. The bill provides that in when a pen register or trap and trace device is installed without a court order under such circumstances, the investigative or law-enforcement officer shall file with the appropriate court, within three days of seeking such installation, a written statement setting forth the facts giving rise to the emergency and the reasons why the installation of the pen register or trap and trace device was believed to be important in addressing the emergency.
Patron: Carrico
Qualifications of law-enforcement officers; psychological examination. Requires as a minimum qualification for employment as a law-enforcement officer that, subsequent to a conditional offer of employment, all prospective law-enforcement officers undergo a psychological examination conducted by (i) a licensed physician and surgeon or (ii) a licensed psychologist. The bill sets out the necessary educational and professional qualifications for such examiners.