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2019 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: January 14, 2019
Time and Place: 8 AM / Senate Committee Room A, Pocahontas Building
Updated to add SB 1563

S.B. 1013

Patron: Stanley

Suspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill also removes a provision allowing the court to require a defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs. The bill requires the Commissioner of the Department of Motor Vehicles to return or reinstate any person's driver's license that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs, provided that such person has paid the applicable reinstatement fee.

A BILL to amend and reenact §§ 19.2-258.1, 19.2-354, 19.2-354.1, 33.2-503, 46.2-301, 46.2-361, 46.2-391.1, 46.2-416, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and 46.2-1200.1 of the Code of Virginia and to repeal § 46.2-395 of the Code of Virginia, relating to suspension of driver's license for nonpayment of fines or costs.

19100084D

S.B. 1031

Patron: Chase

False information and hoax criminal activities; penalty. Makes it a Class 1 misdemeanor for any person to knowingly engage in conduct with the intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a felony violation of Chapter 4 (§ 18.2-30 et seq.) (Crimes Against the Person) or Chapter 5 (§ 18.2-77 et seq.) (Crimes Against Property) of Title 18.2. The bill raises the penalty to a Class 4 felony if such conduct results in death or serious bodily injury to another person. A violation of this bill constitutes a separate and distinct offense. The bill does not apply to any person permitted, licensed, or otherwise authorized to produce or create artistic or cinematic productions while engaged in the performance of his duties.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-212.2, relating to false information and hoax criminal activities; penalty.

19100144D

S.B. 1033

Patron: Stanley

Body-worn camera; release of recordings; penalty. Provides a procedure for a defendant to request the inspection and the copying or photographing of any body-worn camera recordings that are within the possession, custody, or control of the Commonwealth. The bill provides that the Commonwealth may designate any body-worn camera recording subject to disclosure as Counsel Only Material and that any unlawful reproduction or dissemination of such designated recordings is punishable as a Class 1 misdemeanor. The bill provides a retention schedule for such recordings and provides that such recordings shall not be considered a public record for the purpose of the Virginia Public Records Act (§ 42.1-76 et seq.). The bill requires all such requests for body-worn camera recordings to comply with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

A BILL to amend the Code of Virginia by adding a section numbered 19.2-265.7, relating to body-worn camera; release of recordings; penalty.

19100220D

S.B. 1039

Patron: Peake

Eminent domain; commissioners. Removes the option by a land owner in a condemnation proceeding of selecting commissioners instead of jurors to determine just compensation. Under the bill, the land owner would be able to elect that just compensation be determined by a jury; if he does not make such an election, the court would make such a determination.

A BILL to amend and reenact §§ 15.2-1906, 25.1-100, 25.1-209, 25.1-211, 25.1-213, 25.1-214, 25.1-219, 25.1-220, 25.1-235, 25.1-318, 33.2-1029, and 62.1-98 of the Code of Virginia and to repeal Article 4 (§§ 25.1-227.1 and 25.1-227.2) of Chapter 2 of Title 25.1 of the Code of Virginia, relating to eminent domain; commissioners.

19100477D

S.B. 1047

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 any person who fails to notify the shelter's staff of his status as a registered sex offender is guilty of a Class 1 misdemeanor. 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 to ensure the safety of all persons in the shelter. The bill requires that the Department of State Police provide to any registered sex offender at the time of his initial registration a summary of his obligation to inform the staff of an emergency shelter of his status as a registered sex offender.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-906.1, relating to sex offenders in emergency shelters; notification; registration.

19100422D

S.B. 1052

Patron: Chase

Body-worn camera; release of recordings; penalty. Provides a procedure for a defendant to request the inspection and the copying or photographing of any body-worn camera recordings that are within the possession, custody, or control of the Commonwealth. The bill provides that the Commonwealth may designate any body-worn camera recording subject to disclosure as Counsel Only Material and that any unlawful reproduction or dissemination of such designated recordings is punishable as a Class 1 misdemeanor. The bill provides a retention schedule for such recordings and provides that such recordings shall not be considered a public record for the purpose of the Virginia Public Records Act (§ 42.1-76 et seq.). The bill requires all such requests for body-worn camera recordings to comply with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

A BILL to amend the Code of Virginia by adding a section numbered 19.2-265.7, relating to body-worn camera; release of recordings; penalty.

19100402D

S.B. 1076

Patron: Howell

Admissibility of prior inconsistent statements in a criminal case. Provides that in all criminal cases, evidence of a prior statement that is inconsistent with testimony at the hearing or trial is admissible if the testifying witness is subject to cross-examination and the prior statement (i) was made by the witness under oath at a trial, hearing, or other proceeding or (ii) narrates, describes, or explains an event or condition of which the witness had personal knowledge and (a) the statement is proved to have been written or signed by the witness; (b) the witness acknowledges, under oath, the making of the statement in his testimony at the hearing or trial in which the admission into evidence of the prior statement is being sought; or (c) the statement is proved to have been accurately recorded by use of an audio recorder, a video/audio recorder, or any other similar electronic means of sound recording.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-268.4, relating to admissibility of prior inconsistent statements in a criminal case.

19101472D

S.B. 1080

Patron: Edwards

Revision of Title 55. Creates proposed Title 55.1 (Property and Conveyances) as a revision of existing Title 55 (Property and Conveyances). Proposed Title 55.1 consists of 29 chapters divided into five subtitles: Subtitle I (Property Conveyances), Subtitle II (Real Estate Settlements and Recordation), Subtitle III (Rental Conveyances), Subtitle IV (Common Interest Communities), and Subtitle V (Miscellaneous). The bill organizes the laws in a more logical manner, removes obsolete and duplicative provisions, and improves the structure and clarity of statutes pertaining to real and personal property conveyances, recordation of deeds, rental property, common interest communities, escheats, and unclaimed property. The bill has a delayed effective date of October 1, 2019, and is a recommendation of the Virginia Code Commission.

See S.B. 1080 pdf text : S.B. 1080 A BILL to amend and reenact §§ 54.1-2345 through 54.1-2354 of the Code of Virginia; to amend the Code of Virginia by adding in Title 1 a chapter numbered 6, containing sections numbered 1-600 through 1-610, by adding in Chapter 3 of Title 8.01 an article numbered 13.1, containing sections numbered 8.01-130.1 through 8.01-130.13, and an article numbered 15.1, containing sections numbered 8.01-178.1 through 8.01-178.4, by adding in Title 8.01 a chapter numbered 18.1, containing articles numbered 1 and 2, consisting of sections numbered 8.01-525.1 through 8.01-525.12, by adding in Title 32.1 a chapter numbered 20, containing sections numbered 32.1-373, 32.1-374, and 32.1-375, by adding in Title 36 a chapter numbered 12, containing sections numbered 36-171 through 36-175, by adding in Title 45.1 a chapter numbered 14.7:3, containing sections numbered 45.1-161.311:9, 45.1-161.311:10, and 45.1-161.311:11, by adding a section numbered 54.1-2345.1, by adding in Chapter 23.3 of Title 54.1 an article numbered 2, containing sections numbered 54.1-2354.1 through 54.1-2354.5, by adding a title numbered 55.1, containing a subtitle numbered I, consisting of chapters numbered 1 through 5, containing sections numbered 55.1-100 through 55.1-506, a subtitle numbered II, consisting of chapters numbered 6 through 11, containing sections numbered 55.1-600 through 55.1-1101, a subtitle numbered III, consisting of chapters numbered 12 through 17, containing sections numbered 55.1-1200 through 55.1-1703, a subtitle numbered IV, consisting of chapters numbered 18 through 23, containing sections numbered 55.1-1800 through 55.1-2306, and a subtitle numbered V, consisting of chapters numbered 24 through 29, containing sections numbered 55.1-2400 through 55.1-2906, and by adding sections numbered 57-6.1 and 64.2-108.2; and to repeal § 18.2-324.1 and Title 55 (§§ 55-1 through 55-559) of the Code of Virginia, relating to real and personal property conveyances, recordation of deeds, rental property, common interest communities, escheats, and unclaimed property.

19100845D

S.B. 1108

Patron: McClellan

Marsh Criminal-Traffic Division at Manchester General District Court and John Marshall Criminal-Traffic Division at Richmond General District Court; concurrent jurisdiction. Clarifies that the Marsh Criminal-Traffic Division at Manchester General District Court has concurrent jurisdiction with the John Marshall Criminal-Traffic Division at Richmond General District Court over all matters arising in the City of Richmond. The bill provides that it is declaratory of existing law. This bill is a recommendation of the Committee on District Courts.

A BILL to amend and reenact § 16.1-69.35 of the Code of Virginia, relating to Marsh Criminal-Traffic Division at Manchester General District Court and John Marshall Criminal-Traffic Division at Richmond General District Court; concurrent jurisdiction.

19101094D

S.B. 1121

Patron: Petersen

Maximum number of judges in each judicial district. Increases from 11 to 12 the maximum number of authorized general district court judgeships in the nineteenth judicial district. This bill is a recommendation of the Committee on District Courts.

A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to the maximum number of judges in each judicial district.

19102862D

S.B. 1130

Patron: Locke


School resource officers; training and certification; memoranda of understanding. Requires each school resource officer to be trained and certified by the Virginia Center for School and Campus Safety. The bill expands the topics on which school security officers are required to be trained. The bill also requires any school board that agrees to place school resource officers in any school in the school division and the relevant local law-enforcement agency to establish and annually review and update a memorandum of understanding (MOU) governing the use and duties of school resource officers, and ensure that all relevant parties receive initial and ongoing training on the contents of such MOU.

A BILL to amend and reenact §§ 9.1-102 and 9.1-184 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-279.10, relating to school resource officers; training and certification; memoranda of understanding.

19102420D

S.B. 1136

Patron: Favola

Preliminary protective orders; hearing by two-way electronic video and audio communication. Gives discretion to a court to allow a petitioner granted a preliminary protective order to appear by two-way electronic video and audio communication for a full hearing on the protective order if such petitioner is physically incapable of appearing at the hearing.

A BILL to amend and reenact §§ 16.1-253.1 and 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders; hearing by two-way electronic video and audio communication.

19101532D

S.B. 1137

Patron: Favola

Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, as defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. The bill provides that when the defendant's severe mental illness is at issue, a determination will be made by the jury or by the judge in a bench trial as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence.

A BILL to amend and reenact §§ 19.2-264.3:1.3, 19.2-264.3:3, and 19.2-264.4 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-264.3:1.4 and 19.2-264.3:1.5, relating to death penalty; severe mental illness.

19102746D

S.B. 1150

Patron: DeSteph

Issuance of warrants by magistrates. Provides that a magistrate may not issue an arrest warrant for a misdemeanor offense where the accused is a law-enforcement officer and the alleged offense arises out of the performance of his public duties upon the basis of a complaint by a person other than a law-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a law-enforcement agency. The bill provides for the appointment of an attorney for the Commonwealth from outside the jurisdiction if a conflict of interest exists for the attorney for the Commonwealth having jurisdiction.

A BILL to amend and reenact §§ 19.2-71 and 19.2-72 of the Code of Virginia, relating to issuance of warrants for law-enforcement officers by a magistrate.

19100889D

S.B. 1156

Patron: Black

Sanctuary policies prohibited. Provides that no locality shall adopt any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws.

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

19101078D

S.B. 1157

Patron: Black

Trespass; service of process; immunity. Provides immunity from criminal trespass to any person authorized to serve process while such person in engaged in the lawful service of process.

A BILL to amend and reenact § 18.2-119 of the Code of Virginia, relating to trespass; service of process; immunity.

19101918D

S.B. 1166

Patron: Chafin

Clerks of court; collection of DNA sample for certain offenses; disclosure of tax information; Torrens system. Provides that a blood, saliva, or tissue sample shall be taken for any person convicted of a local ordinance that is similar to a misdemeanor for which a blood, saliva, or tissue sample is currently required to be taken. The bill also states that the prohibition for certain state and local officials from divulging tax information is not applicable to the disclosure of information contained in an estate's probate tax return to a commissioner of accounts making a settlement of accounts filed in such estate. Finally, the bill repeals the provision of law establishing the Torrens system, which provided for the settlement, registration, transfer, and assurance of titles to land and established courts of land registration.

A BILL to amend and reenact §§ 19.2-310.2 and 58.1-3 of the Code of Virginia and to repeal § 55-112 of the Code of Virginia, relating to clerks of court; collection of DNA sample for certain offenses; disclosure of tax information; Torrens system.

19103116D

S.B. 1186

Patron: Chafin

Payment or delivery of small asset by affidavit; check, draft, or other negotiable instrument; financial institution. Provides that a financial institution accepting a small asset that is a check, draft, or other negotiable instrument presented by an affidavit is discharged from all claims for the amount accepted.

A BILL to amend and reenact § 64.2-601 of the Code of Virginia, relating to payment or delivery of small asset by affidavit; check, draft, or other negotiable instrument; financial institution.

19101507D

S.B. 1210

Patron: Lucas

Paramilitary activities; penalty. Provides that a person is guilty of unlawful paramilitary activity if such person assembles with another person with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm or explosive or incendiary device or any components or combination thereof. Such unlawful paramilitary activity is punishable as a Class 5 felony.

A BILL to amend and reenact § 18.2-433.2 of the Code of Virginia, relating to paramilitary activities; penalty.

19100501D

S.B. 1251

Patron: Reeves

Manufacture and distribution of switchblade knives. Exempts from the prohibition on selling or possessing switchblade knives any manufacturer, distributor, or retailer of switchblade knives that imports, manufacturers, distributes, or otherwise possesses any switchblade knives, or parts thereof, for export from or sale outside of the Commonwealth.

A BILL to amend and reenact § 18.2-311 of the Code of Virginia, relating to manufacture and distribution of switchblade knives.

19102677D

S.B. 1310

Patron: Edwards

Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that a person's driver's license is suspended (i) when he is convicted of or placed on deferred disposition for a drug offense or (ii) for nonpayment of fines and court costs for offenses not pertaining to the operator or operation of a motor vehicle. The provisions of this bill that affect the Code of Virginia have a delayed effective date of September 1, 2019.

A BILL to amend and reenact §§ 18.2-251, 46.2-395, 46.2-410.1, and 46.2-1200.1 of the Code of Virginia and to repeal §§ 18.2-259.1 and 46.2-390.1 of the Code of Virginia, relating to driver's license suspensions for certain non-driving related offenses.

19102653D

S.B. 1321

Patron: Hanger

Licensed family day homes; storage of firearms. Requires that firearms and ammunition in a licensed family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation unless they are being lawfully carried on an individual's person. The bill requires that the key or combination to such locked storage places be maintained out of the reach of all children in the family day home.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-1701.01, relating to licensed family day homes; storage of firearms.

19102912D

S.B. 1375

Patron: Favola

Hate crimes; gender, disability, gender identity, or sexual orientation; penalty. Adds gender, disability, gender identity, and sexual orientation to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds gender, disability, gender identity, and sexual orientation to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police and provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by gender, disability, gender identity, and sexual orientation, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of gender, disability, gender identity, or sexual orientation.

A BILL to amend and reenact § 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5 of the Code of Virginia, relating to hate crimes; gender, disability, gender identity, or sexual orientation; penalty.

19101001D

S.B. 1379

Patron: McDougle

Child Pornography Registry; contents of Registry; criminal investigations; report. Requires copies of all known or suspected child pornography found during the course of a criminal investigation of child pornography offenses to be included in the Child Pornography Registry (the Registry). Current law provides that only such images that are presented as evidence and used in a conviction for child pornography offenses are required to be included in the Registry. The bill also provides that Registry information may be used for victim identification. The bill requires the Department of State Police, in consultation with the Office of the Attorney General, to submit a report detailing the implementation plan for changes to the Registry pursuant to the bill to the Secretary of Public Safety and Homeland Security and the Chairmen of the House Committee on Appropriations and Senate Committee on Finance by January 1, 2020.

A BILL to amend and reenact § 19.2-390.3 of the Code of Virginia, relating to Child Pornography Registry; contents of Registry; criminal investigations; report.

19100884D

S.B. 1383

Patron: McDougle

Dismissal of summons for expiration of vehicle registration; proof of compliance. Authorizes courts to dismiss a summons issued for expiration of vehicle registration if the defendant provides to the court proof of compliance with the law on or before the court date. This bill is a recommendation of the Committee on District Courts.

A BILL to amend and reenact §§ 16.1-69.48:1 and 46.2-646 of the Code of Virginia, relating to dismissal of summons for expiration of vehicle registration; proof of compliance.

19101091D

S.B. 1395

Patron: Howell

Assault and battery against a health care provider; enhanced penalty. Adds to the existing enhanced penalty for committing a battery against a health care provider the provision that any person who commits a simple assault against a health care provider, as defined in the bill, is guilty of a Class 1 misdemeanor that shall include a term of confinement of 15 days in jail, two of which shall be a mandatory minimum term of confinement. The bill also adds health care providers to the list of professions against whom committing a malicious wounding or an unlawful wounding is subject to an enhanced penalty. As amended, malicious wounding is a Class 3 felony, and malicious wounding of a health care provider is punishable by imprisonment for a period of five to 30 years with a mandatory minimum term of imprisonment of two years. Unlawful wounding of a health care provider is a Class 6 felony with a mandatory minimum term of imprisonment of one year.

A BILL to amend and reenact §§ 18.2-51.1 and 18.2-57 of the Code of Virginia, relating to assault and battery against a health care provider; enhanced penalty.

19101473D

S.B. 1403

Patron: Petersen

Eminent domain; costs. Eliminates specific provisions for the assessment of costs in eminent domain proceedings where the condemnor is a public service company, public service corporation, railroad, or government utility corporation and provides that all costs shall be assessed in the same manner, regardless of the identity of the condemnor.

A BILL to amend and reenact § 25.1-245.1 of the Code of Virginia and to repeal § 25.1-245 of the Code of Virginia, relating to eminent domain; costs.

19102869D

S.B. 1404

Patron: Petersen

Eminent domain; costs for petition for distribution of funds; interest rate; recordation of certificate. Provides that the costs of filing a petition with the court for the distribution of the funds due pursuant to an eminent domain proceeding shall be taxed against the condemnor. The bill also provides that the interest rate on the funds represented by a certificate of deposit from the date of filing of the certificate until the funds are paid into the court shall not be less than the judgment rate of interest. Finally, the bill reorganizes for clarity the provisions governing what happens upon recordation of a certificate by the Commissioner of Highways in a condemnation proceeding.

A BILL to amend and reenact §§ 25.1-310, 33.2-1021, and 33.2-1023 of the Code of Virginia, relating to eminent domain; costs for petition for distribution of funds; interest rate; recordation of certificate.

19102876D

S.B. 1421

Patron: Obenshain


Eminent domain; entry upon private property; calculation of just compensation; damages. Makes various changes to provisions related to entry upon private property in an eminent domain proceeding, including (i) requiring that the number of persons for whom permission to inspect the premises is sought be included in a request for permission to inspect private property for the purposes of a project wherein the power of eminent domain may be exercised; (ii) requiring the notice of intent to enter the property to include all of the information contained in the request for permission to inspect the property; (iii) requiring the court to award fees for at least three expert witnesses if the petitioner damages the property during its entry; (iv) removing the requirement that the damage must be done maliciously, willfully, or recklessly for the owner to be reimbursed for his costs; and (v) removing the option that the owner may be reimbursed for his costs if the court awards the owner actual damages in an amount 30 percent or more greater than the petitioner's final written offer made no later than 30 days after the filing of an answer in circuit court or the return date in general district court.

The bill also provides the method by which just compensation for the taking of property in an eminent domain proceeding is calculated. The bill provides that the body determining just compensation shall ascertain the value of the property to be taken and the damages, if any, that may accrue to the residue beyond the specific enhancement in value, if any. The bill further outlines the considerations that may be used to determine the market value of the property before the taking and the residue after the taking.

Finally, the bill allows a person to recover damages resulting from reformation, alteration, revision, amendment, or invalidation of a certificate in an eminent domain proceeding. The bill provides that an owner may recover costs incurred if the taking of land in an eminent domain proceeding is abandoned, in full or in part.

A BILL to amend and reenact §§ 25.1-203, 25.1-230, 25.1-230.1, 25.1-312, 25.1-419, 33.2-1011, and 33.2-1024 of the Code of Virginia, relating to eminent domain; entry upon private property; calculation of just compensation; damages.

19103612D

S.B. 1422

Patron: Obenshain

Lease agreements; requirements; emergency. Specifies that a lease agreement or other written document conveying a non-freehold estate in land is not invalid, unenforceable, or subject to repudiation by the parties to such agreement on account of, or otherwise affected by, the fact that the conveyance of the estate was not in the form of a deed. Current law requires a lease for a term of more than five years to be in the form of a deed. The bill further replaces all references throughout the Code to "deed of lease" with the term "lease." This bill is in response to The Game Place, L.L.C., et al. v. Fredericksburg 35, LLC, 295 Va. 396, 813 S.E.2d 312 (Va. 2018). The bill contains an emergency clause.

A BILL to amend and reenact §§ 55-2, 55-57, 55-76, 55-77, 55-79, and 58.1-807 of the Code of Virginia, relating to lease agreements; requirements; emergency.

19101654D

EMERGENCY

S.B. 1426

Patron: Obenshain

Wills lodged in clerk's office for safekeeping. Permits the clerk of a circuit court to destroy a will that has been lodged in his office for safekeeping for 75 years or more.

A BILL to amend and reenact § 64.2-409 of the Code of Virginia, relating to clerks of circuit courts; retention of wills for safekeeping.

19103578D

S.B. 1466

Patron: Vogel

Unattended children in motor vehicles; penalty. Provides that any person responsible for the care of a child who leaves an unattended child in a motor vehicle where (i) the child's health, safety, and well-being are at risk or (ii) the vehicle's engine is on or running is guilty of a Class 1 misdemeanor. The bill authorizes any law-enforcement officer who observes or is alerted to the existence of an unattended child to use whatever means are reasonably necessary to protect the child and defines "unattended child" as a child four years of age or younger who has been left in a motor vehicle by the person responsible for his care when such person is unable to continuously observe the child, unless a person 12 years of age or older is physically present in the motor vehicle with the child.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-371.1:1, relating to unattended children in motor vehicles; penalty.

19100849D

S.B. 1563

Patron: Lewis

School boards; local law-enforcement agencies; memorandums of understanding. Requires the school board in each school division in which the local law-enforcement agency employs school resource officers to enter into a memorandum of understanding with such local law-enforcement agency that sets forth the respective roles and responsibilities of the school board and the law-enforcement agency and the roles and responsibilities of such school resource officers. The bill requires each such school board and local law-enforcement agency to (i) review the memorandum of understanding every two years or at any time upon the request of either party and may revise such memorandum at any time as agreed by the parties and (ii) ensure that all relevant personnel employed by either party are informed of and review the provisions of the memorandum of understanding, including any revisions to the memorandum of understanding. The bill also requires the Virginia Center for School and Campus Safety to develop a model memorandum of understanding that may be used by local school boards and local law-enforcement agencies to satisfy the new requirements put forth in the bill.

A BILL to amend and reenact § 9.1-184 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-280.2:3, relating to school boards; local law-enforcement agencies; memorandums of understanding.

19104306D

S.B. 1612

Patron: Ebbin

Suspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill also removes a provision allowing the court to require a defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs. The bill requires the Commissioner of the Department of Motor Vehicles to reinstate any person's privilege to drive a motor vehicle that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs.

A BILL to amend and reenact §§ 19.2-258.1, 19.2-354, 19.2-354.1, 33.2-503, 46.2-301, 46.2-361, 46.2-391.1, 46.2-416, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and 46.2-1200.1 of the Code of Virginia and to repeal § 46.2-395 of the Code of Virginia, relating to suspension of driver's license for nonpayment of fines or costs.

19104216D

S.B. 1613

Patron: Ebbin

Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense and (ii) for violations not pertaining to the operator or operation of a motor vehicle.

A BILL to amend and reenact §§ 18.2-251, 46.2-395, 46.2-410.1, and 46.2-1200.1 of the Code of Virginia and to repeal §§ 18.2-259.1 and 46.2-390.1 of the Code of Virginia, relating to driver's license suspensions for certain non-driving related offenses.

19103734D