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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.
2019 SESSION
Chairman: Mark D. Obenshain
Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 21, 2019
Time and Place: 8 AM / Senate Committee Room A, Pocahontas Building
Updated to add SB 997
Patron: Ebbin
Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.
A BILL to amend and reenact §§ 16.1-260, 18.2-250.1, 18.2-251, 18.2-252, 18.2-259.1, 18.2-308.09, 18.2-308.1:5, and 46.2-390.1 of the Code of Virginia, relating to possession and distribution of marijuana; penalty.19100110D
Patron: Ebbin
Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).
A BILL to repeal §§ 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.19100115D
Patron: Marsden
Referral to mediation in child custody, visitation, and support cases; appropriate cases. Requires a court, in assessing whether a case regarding child custody, visitation, or support is appropriate for referral to mediation, to consider whether such case can be heard by the court within 120 days of the filing of an initial petition. The bill provides that if a case cannot be heard by the court within 120 days and is otherwise deemed appropriate for referral, such case shall be referred.
A BILL to amend and reenact §§ 20-124.2 and 20-124.4 of the Code of Virginia, relating to referral to mediation in child custody, visitation, and support cases; appropriate cases.19100426D
Patron: Black
Carrying dangerous weapon to place of religious worship. Repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place.
A BILL to repeal § 18.2-283 of the Code of Virginia, relating to carrying dangerous weapon to place of religious worship.19100172D
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
Patron: Howell
Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person.
A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to protective orders; possession of firearms; penalty.19100829D
Patron: Marsden
Juvenile offenders; sentencing; geriatric parole. Provides that for any juvenile felony a circuit court may consider a juvenile's diminished culpability and heightened capacity for change in determining the particular sentence to be imposed. The bill allows the Parole Board to consider a petitioner's demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders in reviewing a petition for geriatric release when submitted by a person serving a sentence imposed on a juvenile for an offense that would be a crime if committed by an adult.
A BILL to amend and reenact §§ 16.1-272 and 53.1-40.01 of the Code of Virginia, relating to juvenile sentencing factors; geriatric release of juvenile offenders.19101615D
Patron: Favola
Preliminary protective orders; hearing dates. Allows the full hearing resulting from the issuance of a preliminary protective order to be heard on the same hearing or trial date as a related criminal offense if such hearing or trial date has already been set for a date later than 15 days after the issuance of the preliminary protective order. Current law requires that a full hearing be held within 15 days of the issuance of a preliminary protective order in every instance.
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 date.19101533D
Patron: Peake
Threats of death or bodily injury to a person or member of his family by telephone or wireless communication device; penalty. Provides that any person who communicates a threat over any telephone or wireless communications device to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony. The bill also provides that any person convicted of communicating threats (i) of death or bodily injury to a person or member of his family or (ii) to commit serious bodily harm to persons on school property may be ordered by the court to make restitution as the court deems appropriate to any person who has suffered a loss as a result of the offense.
A BILL to amend and reenact § 18.2-60 of the Code of Virginia, relating to threats of death or bodily injury to a person or member of his family by telephone or wireless communication device; penalty.19101628D
Patron: Favola
Post-adoption contact and communication agreements. Requires the court to consider the appropriateness of a written post-adoption contact and communication agreement entered into in any case in which a child has been placed in foster care as a result of court commitment, an entrustment agreement or other voluntary relinquishment by the parent or parents, or in cases in which there is voluntary consent to the adoption of the child at a permanency planning hearing. Under current law, such consideration is discretionary. The bill further requires, for agency adoptions, the agency authorized to place the child for adoption to inform the birth and adoptive parents of a child that they may enter into a written post-adoption contract and communication agreement. The bill further requires a circuit court to approve a post-adoption contact and communication agreement authorized or entered into unless certain determinations are made or certain factors are present. Currently, such approval is discretionary and requires both that certain factors be present and for certain determinations to be made by the court in order for such agreement to be approved.
A BILL to amend and reenact §§ 16.1-283.1, 63.2-1220.2, and 63.2-1220.3 of the Code of Virginia, relating to post-adoption contact and communication agreements.
19103550D
Patron: DeSteph
Department of Criminal Justice Services; training standards; recognition of and response to post-traumatic stress. Requires the Department of Criminal Justice Services to establish training standards and publish and periodically update model policies for law-enforcement personnel on the effective recognition of and response to stress, trauma, and post-traumatic stress experienced by law-enforcement officers.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; training standards; recognition of and response to post-traumatic stress.19100795D
Patron: DeSteph
Aggravated sexual battery by false representation or subterfuge; penalty. Provides that any person who sexually abuses another person by false representation or subterfuge that is part of a massage, medical procedure, or physical therapy is guilty of aggravated sexual battery if such abuse is alleged by (i) more than one complaining witness within a two-year period or (ii) one complaining witness on more than one occasion and in the case of clause (i) or clause (ii) is intentional and without the consent of the complaining witness. The bill also eliminates the provision that sexual battery can be accomplished by ruse.
A BILL to amend and reenact §§ 18.2-67.3 and 18.2-67.4 of the Code of Virginia, relating to aggravated sexual battery by false representation or subterfuge; penalty.19104418D
Patron: Saslaw
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
A BILL to amend and reenact § 54.1-4201.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.2:5, relating to firearm transfers; criminal history record checks; penalty.19100714D
Patron: Stuart
Application for a resident concealed handgun permit; United States Armed Forces. Provides that for purposes of determining domicile to obtain a resident concealed handgun permit a member of the United States Armed Forces is domiciled in the county or city where such member claims his home of record with the United States Armed Forces. The bill clarifies that a member of the United States Armed Forces who is stationed outside of the Commonwealth but domiciled in the Commonwealth may apply for a resident concealed handgun permit.
A BILL to amend and reenact § 18.2-308.02 of the Code of Virginia, relating to application for a resident concealed handgun permit; United States Armed Forces.19100047D
Patron: Stuart
Transfer of venue; delinquency; adjudication. Provides that a transfer of venue in delinquency proceedings, which under current law may occur only after adjudication, may occur when such adjudication consists of a finding of facts sufficient to justify a finding of delinquency. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-243 of the Code of Virginia, relating to transfer of venue; delinquency; adjudication.19101093D
Patron: Stuart
School protection officers; minimum training standards; exemption. Defines a school protection officer as a retired law-enforcement officer hired on a part-time basis by the local law-enforcement agency to provide law-enforcement and security services to Virginia public elementary and secondary schools. The bill exempts school protection officers from the minimum training standards for law-enforcement officers.
A BILL to amend and reenact §§ 9.1-101 and 9.1-113 of the Code of Virginia, relating to school protection officers; minimum training standards; exemption.19102807D
Patron: Ebbin
Family or household member; definition. Adds to the existing definition of "family or household member" the person's aunt, aunt-in-law, step-aunt, uncle, uncle-in-law, step-uncle, niece, nephew, and first and second cousin who reside in the same home as the person, and any individual who is in, or has been in, a dating relationship with the person. The definition is used for purposes of statutes related to assault and battery against a family or household member, stalking a family or household member, protective orders, and the recruitment of persons for criminal street gangs. Technical changes are made to change descriptions of family relationships to gender-neutral terms.
A BILL to amend and reenact § 16.1-228 of the Code of Virginia, relating to family or household member; definition.19103582D
Patron: Ebbin
Incompetent defendants; capital murder. Provides that when a defendant charged with capital murder is determined to be unrestorably incompetent, the court may order that the defendant receive medically appropriate treatment rather than treatment designed to restore competency. The bill requires that hearings be held upon the request of such defendant or his counsel at yearly intervals for five years and no more than biennially thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored. Under current law, hearings are held every six months for an incompetent defendant receiving treatment to restore competency. The bill also provides that no unrestorably incompetent defendant charged with capital murder shall be released except pursuant to a court order.
A BILL to amend and reenact § 19.2-169.3 of the Code of Virginia, relating to disposition of unrestorably incompetent defendants; capital murder.19103597D
Patron: Saslaw
Juveniles; trial as adult. Increases the minimum age that a juvenile can be tried as an adult in circuit court for a felony from 14 years of age to 16 years of age. The bill allows juveniles 14 years of age or older to be tried as an adult for capital murder or first-degree murder or for rape, forcible sodomy, or object sexual penetration when such conviction requires a mandatory minimum term of confinement of 25 years.
A BILL to amend and reenact §§ 16.1-228, 16.1-241, 16.1-249, 16.1-269.1, 16.1-269.3, 16.1-270, 16.1-284.1, 16.1-285.1, 16.1-299.1, 16.1-301, 16.1-302, 16.1-305, 16.1-307, 16.1-309.1, 18.2-308.2, and 18.2-308.2:2 of the Code of Virginia, relating to juveniles; trial as adult.19102938D
Patron: Barker
School attendance officer; motion for a rule to show cause; child in need of supervision. Authorizes a school attendance officer or local school division superintendent or his designee acting as an attendance officer to complete, sign, and file with the intake officer, on forms approved by the Supreme Court of Virginia, a motion for a rule to show cause regarding the enforcement of an order entered by a juvenile and domestic relations district court relating to the filing of a complaint alleging the pupil is a child in need of supervision. The bill also provides that such a filing is not considered the unauthorized practice of law.
A BILL to amend and reenact §§ 16.1-260 and 54.1-3900 of the Code of Virginia, relating to school attendance officers; motion for a rule to show cause; child in need of supervision.19101548D
Patron: Barker
School attendance officer; motion for a rule to show cause; child in need of supervision. Authorizes a school attendance officer or local school division superintendent or his designee acting as an attendance officer to complete, sign, and file with the intake officer, on forms approved by the Supreme Court of Virginia, a motion for a rule to show cause regarding the enforcement of an order entered by a juvenile and domestic relations district court relating to the filing of a complaint alleging the pupil is a child in need of supervision. The bill also provides that such a filing is not considered the unauthorized practice of law.
A BILL to amend and reenact §§ 16.1-260 and 54.1-3900 of the Code of Virginia, relating to school attendance officers; motion for a rule to show cause; child in need of supervision.19101698D
Patron: Edwards
Child support; incarceration; voluntary unemployment or under-employment. Provides that a party's incarceration shall not be deemed voluntary unemployment or voluntary under-employment for the purposes of establishing child support.
A BILL to amend and reenact §§ 20-108.1 and 63.2-1918 of the Code of Virginia, relating to child support; incarceration; voluntary unemployment or under-employment.19101800D
Patron: Edwards
Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).
A BILL to repeal §§ 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.19102431D
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
Patron: Obenshain
Medical evidence admissible in juvenile and domestic relations district court; preliminary protective order hearings. Adds preliminary protective order hearings to the list of hearings where 24-hour written notice of intention to present medical evidence is required to present a medical report as evidence in a juvenile and domestic relations district court. Under current law, notice of 24 hours is permitted only in preliminary removal hearings or in preliminary protective orders in cases of family abuse.
A BILL to amend and reenact § 16.1-245.1 of the Code of Virginia, relating to medical evidence admissible in juvenile and domestic relations district court; preliminary protective order hearings.19102453D
Patron: Saslaw
Protective orders; possession of firearms; surrender or transfer of firearms; penalties. Provides that a court shall order a person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency, sell or transfer any firearm possessed by such person to a dealer, or sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person will not allow the person subject to a protective order to exert any influence or control over the sold or transferred firearm, or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that within 48 hours after surrendering or selling or transferring all firearms, such person must certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order. The bill also provides that any person subject to a protective order who fails to certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms as well as a process to return such surrendered firearms. The bill also provides that any person who buys or has a firearm transferred to him from a person subject to a permanent protective order and allows the person subject to a protective order to exert any influence or control over the sold or transferred firearm is guilty of a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to protective orders; possession of firearms; surrender or transfer of firearms; penalties.19103735D
Patron: Surovell
Withholding of income for child support; independent contractors. Requires any employer that contracts with an independent contractor, as defined in the bill, to submit information regarding such new independent contractor to the Virginia New Hire Reporting Center for the purposes of income withholding by the Division of Child Support Enforcement. The bill also makes clear that income earned by an independent contractor may be withheld by court order for payment of child support obligations.
A BILL to amend and reenact §§ 16.1-278.16, 20-79.1, 20-79.2, 20-79.3, 63.2-1900, 63.2-1903, 63.2-1929, 63.2-1944, and 63.2-1946 of the Code of Virginia, relating to withholding of income for child support; independent contractors.19100092D
Patron: Surovell
Protective orders; contents of preliminary protective orders; docketing of appeal. 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. The bill also requires that an appeal of a permanent protective order be docketed within 48 hours of receipt of such appeal. Under current law, such appeals are to be given precedence on the docket of the court over other civil appeals but otherwise docketed and processed in the same manner as other civil cases. The bill also provides that any affidavit submitted by a non-English-speaking person in support of a preliminary protective order petition shall be translated by a qualified translator no later than the close of business on the next business day following the submission of the affidavit.
A BILL to amend and reenact §§ 16.1-112, 16.1-253.1, 16.1-296, and 19.2-152.9 of the Code of Virginia, relating to protective orders; contents of preliminary protective orders; docketing of an appeal.19104061D
Patron: Surovell
No-fault divorce; waiver of service. Clarifies that in the case of a no-fault divorce, waivers of service of process may occur within a reasonable time prior to or after the suit is filed, provided that a copy of the complaint is attached to such waiver or otherwise provided to the defendant or the final decree of divorce is signed by the defendant. Where a defendant has waived service of process and, where applicable, notice, the bill further permits depositions to be taken, affidavits to be given, and all papers related to the divorce proceeding to be filed contemporaneously.
A BILL to amend and reenact §§ 20-99.1:1 and 20-106 of the Code of Virginia, relating to no-fault divorce; waiver of service.19100909D
Patron: Surovell
Civil actions; determination of indigency. Sets out the factors to be considered by the court in its determination of a person's indigency for the purpose of not being required to pay fees or costs in a civil action. The bill also provides that a person is presumed unable to pay if he is a current recipient of a state or federally funded public assistance program or he is represented by a legal aid society. The bill provides that the presumption is rebuttable except in the case of a no-fault divorce.
A BILL to amend and reenact § 17.1-606 of the Code of Virginia, relating to civil actions; determination of indigency.19100908D
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.
A BILL to amend and reenact §§ 20-49.1, 20-156, 20-158 through 20-163, 20-165, 32.1-257, and 32.1-258.1 of the Code of Virginia, relating to assisted conception; parentage presumption.19100800D
Patron: Obenshain
Violation of provisions of protective orders; entering the lands, buildings, or premises owned or leased by protected party prohibited; penalties. Provides that any person subject to a protective order who enters the lands, buildings, or premises owned or leased by a protected party while the protected party is present, or enters and remains in or on the lands, buildings, or premises owned or leased by the protected party until the party arrives, is guilty of a Class 6 felony. Under current law, such person is guilty of a Class 6 felony only if he enters the home of the protected party while the protected party is present or enters and remains in the home of the protected party until such party arrives.
A BILL to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to violation of provisions of protective orders; entering the lands, buildings, or premises owned or leased by protected party prohibited; penalties.19102950D
Patron: Obenshain
Assault and battery against a family or household member; enhanced penalty. Reduces from two prior convictions to one prior conviction the required number of prior convictions of assault and battery against a family or household member before the Class 6 felony applies.
A BILL to amend and reenact § 18.2-57.2 of the Code of Virginia, relating to assault and battery against a family or household member; enhanced penalty.19102953D