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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2018 SESSION
Chairman: Mark D. Obenshain
Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 14, 2018
Time and Place: 15 minutes after Senate adjourns / Senate Room A, Pocahontas Bldg
Patron: Hope
Competency and sanity evaluations; location of evaluation. Requires that evaluations to determine whether a person is competent to stand trial or to determine a person's sanity at the time of the commission of a criminal offense be conducted on an outpatient basis at a mental health facility or in jail unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services. Currently, such evaluations are to be conducted on an outpatient basis, but a court may order that a person be hospitalized instead if the court finds the services necessary to conduct an outpatient evaluation are not available or if the results of the outpatient evaluation indicate that it is necessary to hospitalize the person for further evaluation.
Patron: Habeeb
Venue in criminal cases; concurrent jurisdiction; obsolete provisions. Provides that the courts of a locality have concurrent jurisdiction with the courts of any other adjoining locality over criminal offenses committed in or upon the premises, buildings, rooms, or offices owned or occupied by such locality or any officer, agency, or department thereof that are located in the adjoining locality and repeals an existing statute that provides such concurrent jurisdiction for certain enumerated localities. The bill also deletes references to corporation courts, which no longer exist, and repeals several obsolete provisions involving courts not of record that ceased to be applicable in 1980. This bill is a recommendation of the Virginia Code Commission.
Patron: Hope
Marijuana field test; evidence at trial. Provides that a law-enforcement officer is permitted to testify as to the results of any field test approved by the Department of Forensic Science regarding whether or not any plant material is marijuana in any trial for a misdemeanor offense of possession of marijuana with intent to distribute. Under current law, such testimony is allowed only in any trial for simple possession of marijuana.
Patron: Bell, John J.
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) the chief law-enforcement officer or his designee who is a public safety official of 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: Fowler
Special conservators of the peace; authority; insurance. Replaces the powers that may be provided in the power of appointment for a special conservator of the peace (SCOP), which currently may include all powers, functions, responsibilities, and authority of any other conservator of the peace, with only the duties for which the SCOP is qualified as specified on his application. The bill requires the order of appointment to provide that such duties shall be exercised only in the geographical limitations specified by the court. The bill requires that the order delineate a limit beyond which the SCOP may not effectuate an arrest following a close pursuit. The bill prohibits all SCOPs from using the word "police" and all SCOPs other than those employed by a state agency from using the seal of the Commonwealth on their equipment in the performance of their duties. The bill provides for certain exceptions from its provisions for SCOPs employed by the Shenandoah Valley Regional Airport Commission, the Richmond Metropolitan Transportation Authority, and the Virginia Museum of Fine Arts.
Patron: Ware
Proceeds of a sale, a partition suit, or condemnation proceeding; persons under a disability; special needs trust. Increases the amount of funds that a court can distribute, without the intervention of a fiduciary, to a person under a disability who is the recipient of those funds pursuant to a suit for the sale or lease of lands, a partition suit, or condemnation proceedings. The bill further provides that such funds may be distributed to a special needs trust at the request of an appointed fiduciary or guardian ad litem of the person under a disability or upon the court's own motion.
Patron: Mullin
Court fines and costs; community service. Requires a court assessing fines and costs against a person for conviction of a crime to inform such person of the availability of earning credit toward discharge of the fine or costs through the performance of community service and provide such person with written notice of terms and conditions of the community service program.
Patron: Collins
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: Simon
Unlawful detainer; foreclosure; legal title to real property foreclosed upon. Provides that, in the case of a summons for an unlawful detainer filed by a successor landlord following the foreclosure of a dwelling unit, the general district court shall determine whether there may be a valid issue as to the legal title to the real property if (i) such an issue is raised by a defendant to the case and (ii) the court determines such issue raised is a bona fide claim. The bill provides that, if the court finds that such an issue exists, the court shall dismiss the case without prejudice. The bill further provides that the general district court shall proceed with the unlawful detainer case if it finds that no such valid issue exists. The bill specifies that the general district court is not granted subject matter jurisdiction to determine legal title to real property pursuant to the contents of the bill. The bill adds unlawful detainer actions to the list of actions wherein another judgment between the same parties does not bar another such action from being brought.
Patron: Rush
Department of Criminal Justice Services; definition of "law-enforcement officer"; security division of the Virginia Lottery. Removes from the definition of law-enforcement officer, as it applies to an investigator who is a sworn member of the security division of the Virginia Lottery, the requirement that such investigator be full time.
Patron: Rush
Execution of temporary detention orders; inmates in local correctional facilities. Authorizes deputy sheriffs and jail officers employed by a local correctional facility to execute temporary detention orders issued for inmates of the facility.
Patron: Herring
Adoption and foster care; barrier crimes; exception. Allows a child-placing agency to approve as an adoptive or foster parent an applicant convicted of any offense set forth in the definition of barrier crime in § 19.2-392.02 who has had his civil rights restored by the Governor or other appropriate authority, provided that eight years have elapsed following the conviction and that the applicant (i) has complied with all obligations imposed by the criminal court, (ii) has completed a substance abuse treatment program, (iii) has completed a drug test administered by a laboratory or medical professional within 90 days prior to being approved, and such test returned with a negative result, and (iv) complies with any other obligations as determined by the Department of Social Services.
Patron: Collins
Trespass; electronic device; penalty. Provides that any person who knowingly and intentionally causes any electronic device to enter the property of another and come within 50 feet of a dwelling house (i) to coerce, intimidate, or harass another person or (ii) after having been given notice to desist, for any other reason is guilty of a Class 1 misdemeanor. The bill also provides that anyone who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of another person is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any individual named in the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems and clarifies that such prohibition extends to all political subdivisions and not only to localities.
Patron: Leftwich
Maximum number of judges in each judicial district and circuit. Increases or decreases the maximum number of judges in select judicial districts and circuits to reflect the number of authorized judgeships recommended by the Supreme Court of Virginia in the 2017 "Virginia Judicial Workload Assessment Report."
Patron: Habeeb
Public access to nonconfidential court records. Provides that a clerk of court or the Executive Secretary of the Supreme Court shall make nonconfidential court records or reports of aggregated, nonconfidential case data available to the public upon request. The bill specifies that such records or reports 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: Peace
Unlawful detainer; execution of writ of possession. Permits a judge, upon request of the plaintiff, to issue a writ of possession immediately upon entry of judgment in an unlawful detainer case. The bill requires the sheriff to serve notice of the writ, including the date and time of eviction, on the defendant at least 72 hours prior to execution of the writ. The bill further provides that a sheriff shall not evict the defendant from the dwelling unit sooner than the expiration of the defendant's 10-day appeal period.
Patron: Freitas
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 person whose property is the subject of the forfeiture action 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 has not submitted a written demand for the return of the property within 21 days from the date the stay terminates.
Patron: Freitas
Sex Offenders and Crimes Against Minors Registry; similar offenses; removal from Registry. Provides that the requirement that a person required to register with the Sex Offenders and Crimes Against Minors Registry who was convicted of certain crimes involving child pornography or carnal knowledge of a minor in juvenile custody under Virginia wait 25 years before being entitled to file a petition for removal of his name or information from the Registry also applies to a person convicted of similar offenses under the laws of any foreign country, the United States, or a political subdivision of either.
Patron: Byron
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 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. However, such private, nonprofit organizations will be subject to background checks and must develop and implement written policies for certain services and provide staff and provider training.
Patron: Price
Deemed consent to testing of bodily fluids. Allows a magistrate or a general district court to issue an order requiring a person to provide a blood specimen for testing for human immunodeficiency virus or the hepatitis B or C virus when exposure to bodily fluids occurs between a person and any health care provider, person employed by or under the direction and control of a health care provider, law-enforcement officer, firefighter, emergency medical services personnel, person employed by a public safety agency, or school board employee and the person whose blood specimen is sought refuses to consent to providing such specimen. Currently, only the general district court may issue such order. The bill allows a testing order to be issued based on a finding that there is probable cause to believe that exposure has occurred. Currently, there must be a finding by a preponderance of the evidence that exposure has occurred.
Patron: Wilt
Qualification of fiduciary without security; asset or amount with no monetary value. Provides that a circuit court or circuit court clerk may allow a fiduciary to qualify by giving bond without surety when the asset or amount coming into the possession of such fiduciary has no monetary value. Current law specifies that such qualification may be made only when the amount coming into the fiduciary's possession does not exceed $25,000.
Patron: Ingram
Return of search warrants to jurisdiction where executed. Provides that return made on search warrants for records or other information pertaining to a subscriber to, or customer of, an electronic communication service or remote computing service shall be made in the circuit court clerk's office for the jurisdiction where the warrant was executed, if executed within the Commonwealth, or issued, if executed outside the Commonwealth. Currently, the return on such warrants is made in the circuit court clerk's office for the jurisdiction where the warrant was executed.
Patron: LaRock
Jury commissioners; lists of unqualified persons provided to general registrars. Requires jury commissioners to collect the information obtained from those persons not qualified to serve as jurors as a result of (i) not being a citizen of the United States, (ii) no longer being a resident of the Commonwealth, (iii) being a resident of another county or city in the Commonwealth, (iv) having been convicted of a felony and not having had voting rights restored, or (v) having been adjudicated incapacitated and disqualified to vote and not having had voting rights restored. The bill requires the sheriff, clerk of court, or other official responsible for maintaining such information provided by the commissioners to make that information available to the general registrar for that locality. The bill also requires the general registrars to use the information received to identify voters who are no longer qualified to vote and to initiate list maintenance procedures pursuant to current law. The bill has a delayed effective date of July 1, 2019.
Patron: Reid
Annual foster care review. Provides that, at certain foster care review hearings, the court shall inquire of the child's guardian ad litem and the local board of social services whether the child has expressed a preference that the possibility of restoring the parental rights of his parent or parents be investigated. The bill further provides that, if the child expresses or has expressed such a preference, the court shall direct the local board of social services or the child's guardian ad litem to conduct an investigation of the parent or parents. The bill provides that if, following such investigation, the local board of social services or guardian ad litem deems it appropriate to do so, either may file a petition for the restoration of parental rights.
Patron: Mullin
Admission to bail; human trafficking. Adds the charges of (i) taking or detaining a person for the purposes of prostitution or unlawful sexual intercourse, (ii) receiving money from procuring or placing a person in a house of prostitution or forced labor, (iii) receiving money from the earnings of a prostitute, and (iv) commercial sex trafficking to the list of crimes for which there is a rebuttable presumption against admission to bail.
Patron: Lindsey
Retention of case records; electronic format. Allows the clerk of a district court to destroy the papers, records, and documents in civil and criminal cases after the case has ended if such papers, records, and documents have been microfilmed or converted to an electronic format. Under current law, such records can be destroyed after three years. Current law exceptions for records with administrative, fiscal, historical, or legal value and records for certain specified misdemeanors are retained.
Patron: Ward
Notaries; fee agreements with employer. Allows an employer to require a notary in his employment to surrender to such employer a fee, if charged, or any part of such fee. Current law prohibits an employer from requiring the surrender of any such fee.
Patron: Davis
Joint legal or physical child custody. Provides that, when determining custody, the court's primary consideration of the best interests of the child shall include whether joint legal or joint physical custody is appropriate.
Patron: Tyler
Initiation of a civil action; clerk of a general district court. Requires a general district court clerk to file, process, and issue for service of process any pleading initiating a civil action in the general district court within 14 days of receipt of such pleading.
Patron: Thomas
Use of unmanned aircraft; public bodies. Allows an unmanned aircraft to be deployed without a warrant to survey the scene of an accident for the purpose of crash reconstruction where a law-enforcement officer is required to make a report because of personal injury, death or property damage of $1500 or more.
Patron: Mullin
Service of process; investigator employed by an attorney for the Commonwealth. Provides that certain investigators employed by an attorney for the Commonwealth while engaged in the performance of their official duties shall not be considered a party or otherwise interested in the subject matter in controversy and, thus, are authorized to serve process.
Patron: Yancey
Eminent domain proceedings; selection of commissioners. Increases from at least six to at least eight the number of names of qualified persons each party shall submit to the court if they cannot agree upon five to nine qualified persons to act as commissioners. The bill also increases from nine to thirteen the number of names the court shall select as potential commissioners from the submitted lists.
Patron: Landes
Department of Criminal Justice Services; definitions; law-enforcement officer. Adds members of the investigations unit designated by the State Inspector General to investigate allegations of criminal behavior affecting the operations of a state or non-state agency to the definition of law-enforcement officer.