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2018 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 28, 2018
Time and Place: Upon Recess of the Senate / Senate Room A, Pocahontas Building

H.B. 128

Patron: Miyares

Motion or petition for rule to show cause for violation of court order. Provides that, in any civil action, a party requesting a rule to show cause for a violation of a court order shall file a motion, a petition, or a form with the court, which shall include facts identifying with particularity the violation or which shall be accompanied by an affidavit setting forth such facts. The introduced bill was a recommendation of the Boyd-Graves Conference.

H.B. 166

Patron: Miyares

Clerks of court. States that the clerk of an appellate court may request paper trial court records to be forwarded to such clerk. The bill adds the Bond Book to the list of books for which a microphotographic process may be used to accomplish the recording of writings otherwise required to be recorded in a book or retained in the clerk's office. In addition, the bill repeals an obsolete section of the Code that required circuit court clerks to keep a log of documents submitted for recordation that had not been recorded because they had not been acknowledged or proved.

H.B. 741

Patron: Leftwich

Virginia Division of Human Rights; informal determinations inadmissible in civil action. Provides that any informal determination made by the Virginia Division of Human Rights, prior to a public hearing held pursuant to § 2.2-520, as a result of an investigation or conciliation process involving an alleged unlawful discriminatory practice shall not be discoverable or admissible in evidence in any civil action.

H.B. 986

Patron: Gilbert

Foster care and adoption; disclosure of information prior to placement. Requires local boards of social services, prior to placement, to provide to the foster home or residential facility all known information, including whether the child has been the perpetrator of sexual abuse. The bill also requires that the background information provided to the prospective adoptive parents by a child placing agency or local department of social services include all known information regarding whether the child has been the perpetrator of sexual abuse.

H.B. 996

Patron: Gilbert

Department of Criminal Justice Services to review pretrial services agencies; report. Requires the Department of Criminal Justice Services (Department) to annually review each pretrial services agency to determine compliance with its biennial plan and operating standards. Current law requires the Department to review each pretrial services agency periodically. The bill also requires the Department to report annually to the Governor and the General Assembly on the performance of each pretrial services agency. This bill is a recommendation of the Virginia State Crime Commission.

H.B. 1023

Patron: Adams, L.R.

Issuance of foreign subpoenas; clerk of court. Provides that no foreign subpoena issued in the Commonwealth pursuant to the Uniform Interstate Depositions and Discovery Act (§ 8.01-412.8 et seq.) may be issued by any person other than the applicable circuit court clerk of court in the Commonwealth. This bill is a recommendation of the Boyd-Graves Conference.

H.B. 1193

Patron: Bell, Robert B.

Persons acquitted by reason of insanity; commitment; sentencing. Provides that a person who is acquitted by reason of insanity of an offense and convicted of another offense must serve his sentence for the conviction prior to being committed for inpatient hospitalization or, if the person has already been committed at the time of the conviction, be transferred to the custody of the correctional facility where he is to serve his sentence and returned to commitment upon completion of his sentence.

H.B. 1238

Patron: Cline

Timeliness of indictments, etc.; discharge from jail. Clarifies that only a person in jail on a criminal charge that has been certified or otherwise transferred from a district court to a circuit court is to be discharged from jail if an indictment, presentment, or information is not found or filed against him before the end of the second term of court at which he is held to answer. Discharge of a person from jail under this provision does not preclude his reincarceration on a subsequent indictment or presentment for the same offense.

H.B. 1246

Patron: Toscano

Identity Theft Passport; police reports submitted to the Attorney General. Provides that a person whose name or other identification has been used without his consent or authorization by another person may file with the Attorney General for the purposes of obtaining an Identity Theft Passport a copy of a police report showing that he has reported to a law-enforcement agency that his name or other identification has been used by another person without his consent or authorization.

H.B. 1301

Patron: Adams, L.R.

Judges; central registry records check. Requires that judges and substitute judges seeking reelection submit to a central registry records check for any founded complaint of child abuse or neglect. The bill also requires that any candidate seeking election to judicial office submit to a central registry records check.

H.B. 1454

Patron: Campbell

Civil immunity; programs for probationers; nonprofit corporation officials; worksite supervisors. Extends to state personnel and nonprofit corporation employees or officials the civil immunity afforded to probation officers, court personnel, county, city, and town personnel, public officials, and private volunteers who participate in programs where persons on probation or community service are ordered as a condition of probation or community service to perform certain tasks. The bill provides that the civil immunity afforded to nonprofit corporation employees or officials does not extend to acts or omissions resulting from gross negligence or willful misconduct. The bill adds to the list of services covered by such immunity those services performed that are assigned by such probation officers, court personnel, state, county, city, or town personnel, public officials, nonprofit corporation employees or officials, or private volunteers acting as approved worksite supervisors of a court-approved voluntary jail diversion program.

H.B. 1525

Patron: Yancey

Use of handheld personal communications devices; highway work zones. Imposes a mandatory fine of $250 for using a handheld personal communications device for reading emails or texting while operating a motor vehicle in a highway work zone, defined in the bill, when workers are present.

H.B. 1550

Patron: Adams, L.R.

Grand larceny; threshold; conspiracy; penalty. Increases from $200 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes.

S.B. 995

Patron: Carrico

Regulation of outdoor advertising in sight of public highways; exceptions. Provides that signs that are related to public safety, provide directional information, or provide public information may be situated or installed in highway rights of way. The bill provides that any signs other than those related to public safety, providing directional information, or providing public information may not be situated or installed in highway rights of way. The bill contains an emergency clause.

EMERGENCY