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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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 31, 2018
Time and Place: 15 minutes after adjournment/Senate Com Room A, Pocahontas Bld
Updated to add SB 890
Patron: DeSteph
Fleeing from a law-enforcement officer. Relocates the existing section prohibiting fleeing from a law-enforcement officer to a more logical location with prohibitions for obstructing justice and resisting arrest.
Patron: Surovell
Driving after forfeiture of license. Provides that a person is guilty of an offense of driving or operating a motor vehicle (i) after his driver's license has been revoked for certain offenses, (ii) in violation of the terms of a restricted license, (iii) without an ignition interlock system if one is required, or (iv) if the person's license had been restricted, suspended, or revoked for certain driving under the influence offenses, with a blood alcohol content of 0.02 percent or more, only if such person was driving or operating the motor vehicle on a highway, as defined in Title 46.2, Motor Vehicles.
Patron: Surovell
Expungement of police and court records; crimes defined. Provides that police and court records for all felony or misdemeanor offenses, or traffic infractions, are potentially eligible for expungement if the person seeking the expungement qualifies under the statute.
Patron: Stanley
Acceptability of electronic medium; record of criminal proceedings to appellate court. Provides that in a criminal proceeding in circuit court any statutory requirement for an original, original paper, paper, record, document, facsimile, memorandum, exhibit, certification, or transcript shall be satisfied if such item is in an electronic form approved for filing under the Rules of Supreme Court of Virginia. The bill also provides that in a criminal proceeding any statutory authorization for the use of copies or reproductions shall be satisfied by use of such copies or reproductions in hard copy or electronic form approved for filing under the Rules of Supreme Court of Virginia. Under current law, only in civil proceedings are such statutory requirements and authorizations satisfied by an approved electronic form of such items. This bill is a recommendation of the Judicial Council.
Patron: Petersen
Release of seized property; petition to stay release. Provides that any property seized shall be released to the owner or lienholder within one year from the date of seizure unless an information has been filed against the property or the attorney for the Commonwealth files a petition to stay the release of such property. The bill provides that such petition shall allege that the property seized is an integral part of an investigation and that such property cannot be returned without jeopardizing such investigation. The bill provides that the owner or lienholder may file a response to the petition within 30 days of the filing of such petition and that, if a response is filed, the Commonwealth must prove by a preponderance of the evidence that the property is an integral part of an investigation.
Patron: Marsden
Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence, and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences, shall be eligible for parole.
Patron: Petersen
Construction Trust Act. Provides that any moneys paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor for work done or materials furnished for or about a building by any subcontractor, shall be strictly accounted for and held in trust by the contractor or subcontractor, as trustee, for those subcontractors who did work or furnished materials, for purposes of paying those subcontractors. Under the bill, any officer, director, or managing agent of any contractor or subcontractor who knowingly retains or uses such moneys held in trust for any purpose other than to pay the subcontractors for whom the moneys are held in trust shall be personally liable to any person damaged by the action and for reasonable attorney fees incurred.
Patron: Stuart
Driving under the influence; highways. Provides that it is unlawful for a person driving or operating any motor vehicle on a highway to be under the influence. Current law prohibits the driving or operating of a motor vehicle while under the influence, without limiting such driving or operating to a highway.
Patron: Stuart
Deferred disposition in criminal cases. Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability.
Patron: Peake
Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the owner of the property or the person in whose custody such property is found has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property or the person in whose custody the property is found has not submitted a written demand for the return of the property within one year from the date the property was seized.
Patron: Peake
School boards; employment of certain individuals. Prohibits any school board from employing (i) any individual who has been convicted of any felony offense against a child; a certain act of violence or violent felony; or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child or (ii) any other individual who has been convicted of any other felony offense unless such individual has had his civil rights restored by the Governor and at least 5 years have passed since such conviction.
Patron: Barker
Involuntary commitment of a juvenile; notification of parents. Provides that a petition for the involuntary commitment of a minor shall not be dismissed for failure to immediately serve both parents with a copy of the petition and notice of the hearing if one parent is present at the hearing and the judge determines that a reasonable effort was made to notify the other parent.
Patron: Wexton
Local school boards; prior authorization for legal action. Narrows the restriction, to appointed school boards, that a local school board receive prior authorization from the local governing body prior to instituting any legal action or proceeding against any other governmental agency in Virginia. Under current law, the restriction applies to all school boards regardless of selection method.
Patron: Reeves
Disposition of forfeited property used in connection with the commission of drug crimes; Drug Offender Assessment and Treatment Fund. Provides that 20 percent of all cash, negotiable instruments, and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and costs as provided in § 19.2-386.12, shall be paid into the Drug Offender Assessment and Treatment Fund. The remaining 80 percent of such property and proceeds will continue to be deposited into the special fund of the Department of Criminal Justice Services made available to federal, state, and local agencies to promote law enforcement. The bill provides that promoting law enforcement shall include activities calculated to enhance future investigations, law enforcement training, law enforcement equipment and operations, detention facilities, law enforcement facilities, drug education and drug addiction and rehabilitation programs, pro rata funding, and asset accounting and tracking and other expenses specifically approved by the Department of Criminal Justice Services that promote law enforcement in accordance with this section and regulations adopted by the Criminal Justice Services Board.
Patron: Reeves
Search warrant for a tracking device; delivery of affidavit. Provides that an affidavit for a search warrant authorizing use of a tracking device may be delivered in the same manner as other affidavits for search warrants. Current law requires the affidavit to be delivered by the judicial officer in person; mailed by certified mail, return receipt requested; or delivered by electronically transmitted facsimile process or by use of filing and security procedures as defined in the Uniform Electronic Transactions Act for transmitting signed documents. This bill is a recommendation of the Judicial Council of Virginia.
Patron: Mason
Public accessibility of case management system. Requires the case management system operated and maintained by the Executive Secretary of the Supreme Court of Virginia to be open to the public for inspection. The bill provides that the case management system shall be searchable by party name, charge (for criminal cases), filing type (for civil cases), hearing date, and case number across all localities and that the entire compilation of records contained in the system shall be made available.
Patron: Mason
Emergency order for adult protective services; temporary conservator. Requires courts issuing an emergency order for adult protective services to (i) appoint, when applicable, a temporary conservator with responsibility and authority limited to managing the adult's estate and financial affairs related to the approved adult protective services until the expiration of the order and (ii) set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator. The bill allows the temporary conservator to petition the court to have the emergency order set aside or modified upon a substantial change in circumstances and requires the temporary conservator to submit to the court a report describing any services provided to the adult.
Patron: Obenshain
Public access to nonconfidential court records. Provides that a clerk of court shall make nonconfidential court records available to the public upon request. The bill specifies that such records shall be provided no later than 30 days after the request. The bill further provides that the clerk may charge a fee for responding to such request that shall not exceed the actual cost incurred in accessing, duplicating, reviewing, supplying, or searching for the requested records. Finally, the bill requires the Executive Secretary of the Supreme Court to make available to the public an online case information system of nonconfidential information for criminal cases by July 1, 2019.
Patron: Obenshain
Report of arrests; fingerprints; trespass; disorderly conduct. Requires that a law-enforcement agency make a report of any arrest of a person for trespassing (§ 18.2-119) or disorderly conduct (§ 18.2-415) to the Central Criminal Records Exchange and that such report be accompanied by the fingerprints and photograph of the person arrested. Under current law, such a report is required for all other misdemeanors punishable by confinement in jail under Title 18.2 (Crimes and Offenses Generally). This bill is a recommendation of the Virginia State Crime Commission.
Patron: Deeds
Restitution form; completion by court or clerk of court. Provides that the required form outlining the amount of restitution and repayment terms shall be completed by the court or clerk of court if the attorney for the Commonwealth serves part-time. Under current law, if the attorney for the Commonwealth participated in the prosecution of the defendant who owes restitution, such attorney shall complete the restitution form, regardless of his employment status.
Patron: Dunnavant
Posting human trafficking hotline information; civil penalty. Requires local departments of health, the Department of Transportation, at each rest area in the Commonwealth, and each library board or governing body, at each public library, to post notice of the existence of a human trafficking hotline to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance. The bill also provides that any employer who operates a facility in which basic health care services are provided and fails to post notice of the existence of a human trafficking hotline to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance is subject to a civil penalty of $100 per facility in which the notice is not posted.
Patron: Stuart
Virginia Freedom of Information Act; exemptions; courts of record; courts not of record; the Office of the Executive Secretary. Exempts the judiciary, including courts of record, courts not of record, and the Office of the Executive Secretary of the Supreme Court of Virginia, from the provisions of the Virginia Freedom of Information Act. The bill directs the Supreme Court of Virginia to develop Rules of Court to govern public access to records in the custody of the judiciary.
Patron: Favola
Department of Criminal Justice Services; guidance documents for petitions to restore firearms rights. Requires the Department of Criminal Justice Services, in consultation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, to develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.
Patron: Howell
Courthouse and courtroom security; assessment. Increases from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse and courtroom security.
Patron: Wagner
Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence, and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences, shall be eligible for parole.
Patron: Stuart
Retired circuit court judges, Court of Appeals judges, and Supreme Court justices under recall; qualification by Committees for Courts of Justice. Requires that retired circuit court judges sitting as substitutes be found qualified every three years by the Senate and House Committees for Courts of Justice instead of authorized by the Chief Justice. The bill also removes the requirement that retired Court of Appeals judges and Supreme Court justices shall be recalled pursuant to § 17.1-106. The bill provides that Court of Appeals judges and Supreme Court justices retired under the Judicial Retirement System (§51.1-300 et seq.) shall be subject to recall with the consent of a majority of the members of the respective court.
Patron: Stuart
Protective orders; issuance upon convictions for certain felonies; penalty. Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide set forth in Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2, (iii) kidnapping set forth in Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2, (iv) assaults and bodily woundings set forth in Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, (v) extortion set forth in Article 6 (§ 18.2-59 et seq.) of Chapter 4 of Title 18.2, or (vi) criminal sexual assault set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
Patron: Obenshain
Creating a statewide e-filing system for civil case filings. Provides that, except as otherwise provided by law, beginning July 1, 2019, no petition, pleading, motion, order, or decree filed in a civil case in a circuit court, including any agreement of the parties or transcripts, shall contain the social security number of any party, or of any minor child of any party, or any identifying financial information of any party. The bill further provides that, where such information is required by law, such information shall be contained in a separate addendum file by the attorney or party in such civil case. The bill further requires each circuit clerk to establish and operate a system for electronic filing. Current law provides that any such clerk may establish and operate such a system. The bill provides that, in any civil case filed on or after July 1, 2019, clerks of the circuit courts shall maintain all nonconfidential documents in electronic form and make such documents available through secure remote access and searchable by name and case number across all circuit courts that use the Office of the Executive Secretary's electronic imaging system. The bill directs the Executive Secretary of the Supreme Court to administer a paid subscription service that provides access to all electronic records maintained by the clerks who use such electronic imaging system for civil cases filed on or after July 1, 2019. The bill specifies that such subscription shall be on an annual basis, with an annual fee to be established by the Judicial Council of Virginia. The bill provides that any sums collected pursuant to such subscription shall be deposited into the state treasury to the credit of the Courts Technology Fund. The bill directs the Virginia Information Technologies Agency to update its document entitled "Security Standard for Restricted Remote Access to Documents on Court-Controlled Websites" consistent with the provisions of the bill by July 1, 2019. The requirement that the Virginia Information Technologies Agency update such document becomes effective in due course; the remaining provisions of the bill become effective on July 1, 2019.