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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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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 23, 2019
Time and Place: 15 minutes after adjournment of the Senate / Senate Room A
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: Stanley
Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2020, and an expiration date of July 1, 2024.
A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 19.4, consisting of a section numbered 19.2-327.15, relating to post-conviction relief; previously admitted scientific evidence.19101045D
Patron: Obenshain
Habeas corpus. Reorganizes, updates outdated language, and removes unused provisions in several writ of habeas corpus statutes. The bill clarifies certain procedural issues such as service, venue, amendments for failure to name a proper party respondent, necessity of a response, and transfer for evidentiary hearings. This bill is a recommendation of the Judicial Council.
A BILL to amend and reenact §§ 8.01-654, 8.01-658, and 8.01-662 of the Code of Virginia and to repeal §§ 8.01-656, 8.01-657, and 8.01-659 of the Code of Virginia, relating to habeas corpus.19101171D
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
Patron: Peake
Guardianship; annual report. Provides that, upon receiving notice from the local department of social services that a guardian has not filed the required annual report within the prescribed time limit, the court may issue a summons or rule to show cause why the guardian has failed to file such report.
A BILL to amend and reenact § 64.2-2020 of the Code of Virginia, relating to guardianship; annual report.19101907D
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: Vogel
Virginia Residential Property Disclosure Act; required disclosures; mineral rights. Adds to the required residential property disclosure that is furnished by the owner to a buyer that the owner of residential real property makes no representations or warranties as to the condition of the real property with regard to any conveyances of mineral rights.
A BILL to amend and reenact § 55-519 of the Code of Virginia, relating to the Virginia Residential Property Disclosure Act; required disclosures; mineral rights.19103177D
Patron: Barker
Rights of persons with disabilities; procedures for certain actions; website accessibility. Requires a person who alleges that the website of a bank, trust company, savings institution, or credit union does not comply with applicable law regarding its accessibility by the vision impaired or hearing impaired to provide such entity with notice of the alleged violation at least 120 days prior to filing a civil cause of action. If the entity cures the defect within the 120 days, then the court shall dismiss the action. The bill also requires the court to dismiss a cause of action filed after the defendant has cured the defect and award reasonable costs and attorney fees to the defendant.
A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 51.5 a section numbered 51.5-46.1, relating to rights of persons with disabilities; procedures for certain actions; website accessibility.19104075D
Patron: Edwards
Mechanics' liens; notice of sale. Specifies that the notice of sale for property to be sold pursuant to a mechanics' lien shall be posted in any of the following places: (i) a public place in the county or city where the property is located; (ii) a website operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) a newspaper of general circulation in the county or city where the property is located, either in print or on its website. Under current law, such notice of sale is required to be advertised in a public place, defined as a premises owned by the Commonwealth or a political subdivision thereof, or an agency of either, that is open to the general public.
A BILL to amend and reenact §§ 43-34 and 46.2-644.03 of the Code of Virginia, relating to mechanics' liens; notice of sale.19103871D
Patron: DeSteph
Storage and mechanics' liens; amount of lien. Increases the amount of a mechanics' lien for repairs from $1,000 to an amount not to exceed the value of the vehicle and the amount of a storage lien from $500 to an amount not to exceed the value of the vehicle.
A BILL to amend and reenact §§ 46.2-644.01 and 46.2-644.02 of the Code of Virginia, relating to garage and mechanics' liens; amount of lien.19103458D
Patron: McDougle
Safe reporting of overdoses. Eliminates the requirement to substantially cooperate with law enforcement in any investigation of any criminal offense reasonably related to an overdose in order to qualify for an affirmative defense from prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia.
A BILL to amend and reenact § 18.2-251.03 of the Code of Virginia, relating to safe reporting of overdoses.19103528D
Patron: Mason
Competency report; unrestorably incompetent defendant. Provides that in cases where a defendant's competency is primarily compromised due to an ongoing and irreversible medical condition and prior medical or educational records are available to support the diagnosis, a competency report may recommend that the court find the defendant unrestorably incompetent to stand trial, and the court may proceed with the disposition of the case based on such recommendation. Under current law, the defendant is required to undergo treatment to restore his competency before the court can find a defendant unrestorably incompetent to stand trial.
A BILL to amend and reenact § 19.2-169.1 of the Code of Virginia, relating to competency report; unrestorably incompetent defendent.19103974D
Patron: Howell
Confidentiality, nondisparagement, or nondisclosure provisions; communication with law-enforcement agencies. Prohibits the use of provisions in contracts, written agreements, or settlement agreements resolving litigation pertaining to the employment of an employee in the Commonwealth, whether labeled as confidentiality, nondisparagement, or nondisclosure provisions, that restrict or deter consumers or employees from communicating or cooperating with a federal, state, or local law-enforcement agency. The bill declares such provisions void and unenforceable as contrary to public policy. A violation with regard to a consumer contract or written agreement is a prohibited practice under the Virginia Consumer Protection Act. A violation by an employer with regard to an employment contract or employment settlement agreement is punishable by the Commissioner of Labor and Industry by a civil penalty up to $12,471, as adjusted by the percentage increase, if any, in the United States Average Consumer Price Index for all Urban Consumers, as published by the Bureau of Labor Statistics of the United States Department of Labor, from its monthly average for the previous calendar year.
A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 11 a section numbered 11-9.9 and by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to confidentiality, nondisparagement, or nondisclosure provisions; communication with law-enforcement agencies; civil penalty.19104315D
Patron: Vogel
Deposition of corporate officer. Provides that when an officer, as defined in the bill, who is called as a deposition witness files a motion for a protective order because the discovery sought by the deposition is obtainable from some other source that is more convenient, less burdensome, or less expensive, the burden is on the party seeking the deposition to defeat such a motion by showing that (i) the officer's deposition is reasonably calculated to lead to the discovery of admissible evidence, (ii) the officer may have personal knowledge of discoverable information that cannot be discovered through other means, and (iii) a deposition of a representative other than the officer or other methods of discovery are unsatisfactory, insufficient, or inadequate.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-420.4:1, relating to deposition of corporate officer.19103759D
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: Obenshain
Summary judgment; limited use of discovery depositions and affidavits. Allows for the limited use of discovery depositions and affidavits in support of or in opposition to a motion for summary judgment, provided that the only parties to the action are business entities and the amount at issue is $50,000 or more.
A BILL to amend and reenact § 8.01-420 of the Code of Virginia, relating to summary judgment; limited use of discovery depositions and affidavits.19103880D
Patron: Deeds
Department of Criminal Justice Services; training standards and model policies for law enforcement; persons experiencing behavioral health or substance abuse crises. Requires the Department of Criminal Justice Services to establish training standards and publish and periodically update model policies for law-enforcement personnel for sensitivity to and awareness of persons experiencing behavioral health or substance abuse crises, including chronic homeless inebriates.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; training standards and model policies for law enforcement; persons experiencing mental health or substance abuse crises.19101135D
Patron: Carrico
Capital murder; law-enforcement officers and fire marshals; reduction of charges. Provides that no person charged with capital murder of a law-enforcement officer, a fire marshal or deputy or assistant fire marshal when such fire marshal or deputy or assistant fire marshal has been granted police powers, an auxiliary police officer, an auxiliary deputy sheriff, or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States shall have his capital murder charge reduced or amended in any manner.
A BILL to amend and reenact § 18.2-31 of the Code of Virginia, relating to capital murder; law-enforcement officers and fire marshals; reduction of charges.19100824D
Patron: Carrico
Assault and battery of federal law-enforcement officers; penalty. Adds to the definition of law-enforcement officer for purposes of the crime of assault and battery any special agent or law-enforcement officer of the United States Department of Justice, National Marine Fisheries Service of the Department of Commerce, Department of the Treasury, Department of Agriculture, Department of Defense, Department of State, Office of the Inspector General of the Department of Transportation, Department of Homeland Security, and Department of the Interior; any inspector, law-enforcement official, or police personnel of the United States Postal Service; any United States marshal or deputy United States marshal whose duties involve the enforcement of the criminal laws of the United States; any criminal investigator of the United States Department of Labor; any special agent of the Naval Criminal Investigative Service; and any special agent of the National Aeronautics and Space Administration. Assault and battery against a law-enforcement officer engaged in the performance of his public duties is currently a Class 6 felony with a six-month mandatory minimum sentence.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of federal law-enforcement officers; penalty.19102097D
Patron: Carrico
Use of unmanned aircraft systems by law-enforcement officers; persons sought for arrest. Provides that a law-enforcement officer may deploy an unmanned aircraft system (i) to aerially survey a primary residence to formulate a plan to execute an arrest warrant for a felony offense or (ii) to locate a person sought for arrest when such person has fled from a law-enforcement officer and a law-enforcement officer remains in hot pursuit of such person.
A BILL to amend and reenact § 19.2-60.1 of the Code of Virginia, relating to use of unmanned aircraft systems by law-enforcement officers; persons sought for arrest.19101909D
Patron: Carrico
Obstruction of justice; concealing evidence of an abduction; penalty. Makes it a Class 1 misdemeanor for any person with actual knowledge of the commission by another of any felony offense to knowingly and willfully make any materially false statement or representation to a law-enforcement officer regarding the location or whereabouts of such other person with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense when such other person is named in an active felony warrant of arrest under the laws of the Commonwealth or of any other state, the District of Columbia, or the United States or any territory. The bill also makes it a Class 5 felony for any person with actual knowledge of (i) a person enticing a child to enter any vehicle, room, house, or other place for purposes of taking indecent liberties with such child or (ii) an abduction of a child under 16 for prostitution or to manufacture child pornography to willfully conceal, alter, dismember, or destroy any item of physical evidence or knowingly and willfully make any materially false statement or representation to a law-enforcement officer with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offenses.
A BILL to amend and reenact §§ 18.2-370 and 18.2-460 of the Code of Virginia, relating to obstruction of justice; concealing evidence of an abduction; penalty.19100937D
Patron: Carrico
Disposition of property in Carroll County; Southwestern Virginia Training Center. Provides that the Department of Behavioral Health and Developmental Services (DBHDS) shall not convey, sell, or otherwise dispose of certain real property located in Carroll County on which the former Southwestern Virginia Training Center was situated. The bill directs DBHDS to work with representatives of Carroll and Grayson Counties and the City of Galax, as well as other stakeholders, to develop a plan for the conveyance, sale, or other disposition of the property for the purpose of housing children requiring foster care or as a juvenile residential treatment facility. The bill provides that the prohibition on such disposition expires on July 1, 2021; however, any subsequent disposition is subject to approval by the General Assembly.
A BILL related to the disposition of property in Carroll County on which the former Southwestern Virginia Training Center was situated.19101911D
Patron: Carrico
Department of Taxation; responsibility for the collection and satisfaction of all fines, costs, forfeitures, penalties and restitution. Transfers from the attorney for the Commonwealth to the Department of Taxation the duty to cause proper proceedings to be instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties, and restitution.
A BILL to amend and reenact § 19.2-349 of the Code of Virginia, relating to responsibility for the collection and satisfaction of all fines, costs, forfeitures, penalties, and restitution; Department of Taxation.19101185D
Patron: Carrico
Property conveyance; Department of Behavioral Health and Developmental Services. Authorizes the Department of Behavioral Health and Developmental Services to transfer a portion of property previously used as the Southwestern Virginia Mental Health Institute to the Mount Rogers Community Services Board and a portion of such property currently being leased to Smyth County to the County.
A BILL to authorize the Department of Behavioral Health and Developmental Services to convey property to Mount Rogers Community Services Board and to Smyth County.19101201D
Patron: Carrico
Department of Criminal Justice Services; minimum standards for law-enforcement officers; Advanced Law Enforcement Rapid Response Training. Requires the Department to establish compulsory training standards for certification and recertification of law-enforcement officers in Advanced Law Enforcement Rapid Response Training and to coordinate the delivery of such training.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; minimum standards for law-enforcement officers; Advanced Law Enforcement Rapid Response Training.19101858D
Patron: Surovell
Wrongful death; beneficiaries. Adds the parents of the deceased who received support or services from the deceased to the first class of beneficiaries to whom a distribution of an award of damages in a wrongful death action shall be made.
A BILL to amend and reenact § 8.01-53 of the Code of Virginia, relating to wrongful death; beneficiaries.19100227D
Patron: Obenshain
Reports to Central Criminal Record Exchange; duties and authority of the Central Criminal Records Exchange; unapplied criminal history record information. Requires the Central Criminal Records Exchange (Exchange) to review offenses containing unapplied criminal history record information, defined in the bill, and make reasonable efforts to ensure that such information is applied to criminal history records. The bill requires the Exchange to submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit court and district court, attorneys for the Commonwealth, and law-enforcement agencies containing (i) a list of offenses with unapplied criminal history record information and (ii) for each offense, if known, the name and any other identifying information of the defendant, any identifying court case information, the date of submission to the Exchange, and the reason the offense could not be applied to the criminal history record. The bill also requires the Exchange to submit an annual report to the Governor and General Assembly on the status of unapplied criminal history record information and any updates to fingerprinting policies and procedures.
The bill also requires a law-enforcement officer to report the required information to the Central Criminal Records Exchanges for persons arrested on a capias for any allegation of a violation of the terms or conditions of a suspended sentence, probation, or parole for a felony offense. The bill also provides that for persons served with a show cause for any allegation of a violation of the terms or conditions of a suspended sentence, probation, or parole for a felony offense, a report to the Central Criminal Records Exchange is not required until such person is found to be in violation of the terms or conditions of a suspended sentence, probation, or parole. The bill authorizes the court to order that the fingerprints and photograph of such person served with a show cause and found to be in violation be taken by a law-enforcement officer.
The bill provides that for persons charged under the first offender domestic assault, first offender drug possession, or first offender property offense statute, the court shall verify that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person prior to discharging such person and dismissing the proceedings. The bill authorizes a court to order a law-enforcement officer to take the fingerprints and photograph of a person charged if the fingerprint identification information or fingerprints have not been provided to the clerk of court.
The bill provides that if a person is in custody for an offense for which a report to the Central Criminal Records Exchange is required when an indictment or presentment is found or made, or information is filed, and no process is awarded, the attorney for the Commonwealth shall notify the court of such and the court shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer or by the agency that has custody of the accused at the time of the first appearance by the accused.
The bill requires the Department of State Police to develop a model policy on the collection of fingerprints and reporting of criminal history record information to the Central Criminal Records Exchange and to disseminate such policy to all law-enforcement agencies within the Commonwealth.
The bill requires a judge, after convicting the defendant of any offense for which a report to the Central Criminal Records Exchange is required, to determine if a copy of such defendant's fingerprints or fingerprint identification information has been provided by a law-enforcement officer to the clerk of court. The bill provides that in any case in which fingerprints or fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and photograph be taken by a law-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence.
The bill provides that any fingerprints, photographs, and records received by the Central Criminal Records Exchange from any correctional institution concerning an incarcerated person may be classified and filed as criminal history record information. The bill requires the Department of Corrections to submit photographs, fingerprints, and a description of each person who is under the custody of the Department to the Central Criminal Records Exchange if such person has been convicted of an offense for which a report to the Central Criminal Records Exchange is required.
The bill requires a state probation and parole officer and a local community-based probation officer, (a) at least 60 days prior to an offender's release from supervision pursuant to the terms of the sentencing order or (b) prior to submitting a request to the court that the offender be released from supervision, to review the criminal history record of the offender to verify that the offense for which the offender is being supervised appears on the offender's criminal history record, if such offense is required to be reported to the Central Criminal Records Exchange, and, if such offense does not appear on the offender's criminal history record, to take and provide the fingerprints and photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information.
The bill provides that at a restitution hearing the court shall review the criminal history record of a defendant and determine whether the defendant's conviction appears on such record. The bill provides that if such conviction does not appear on the defendant's criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer. The bill requires such fingerprints and photograph to be submitted to the Central Criminal Records Exchange.
The bill provides that in any case where the court has suspended the imposition or execution of a sentence or placed the defendant on probation, the court, after a hearing and providing adequate notice to the parties, may modify the sentence or conditions of probation at any time within the period of suspension or supervision to require that the fingerprints and photograph of the defendant be taken as a condition of the suspended sentence or probation.
The bill provides that for treason, any felony, any offense punishable as a misdemeanor under Title 54.1 (Professions and Occupations), or any misdemeanor punishable by jail, when any such offense is charged on a summons, the electronic report filed by the clerk of each circuit court and district court to the Central Criminal Records Exchange shall not be required until (1) a conviction is entered and no appeal is noted or, if an appeal is noted, the conviction is upheld upon appeal or the person convicted withdraws his appeal; (2) the court dismisses the proceeding pursuant to the first offense statute; or (3) an acquittal by reason of insanity is entered.
The bill directs the Department of State Police to make reasonable efforts to ensure that criminal history record information that was reported to the Central Criminal Records Exchange prior to July 1, 2019, and not applied to the criminal history record of a person be applied to the criminal history record of that person. The bill requires the Department to report on the progress of these efforts to the Governor and the Chairman of the State Crime Commission by November 1, 2019.
This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 9.1-101, 9.1-176.1, 18.2-57.3, 18.2-251, 19.2-74, 19.2-232, 19.2-303, 19.2-303.2, 19.2-305.1, 19.2-388, 19.2-390, 19.2-392, 53.1-23, and 53.1-145 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-303.02 and 19.2-390.03, relating to reports to Central Criminal Records Exchange; duties and authority of the Central Criminal Records Exchange; unapplied criminal history record information.19104081D
Patron: Obenshain
Spoliation of evidence. Establishes that a party or potential litigant has a duty to preserve evidence that may be relevant to reasonably foreseeable litigation. The bill further provides that a court (i) upon finding prejudice to another party from loss, disposal, alteration, concealment, or destruction of such evidence, may order measures no greater than necessary to cure the prejudice or (ii) only upon finding that the party acted with the intent to deprive another party of the evidence's use in the litigation, may (a) presume that the evidence was unfavorable to the party, (b) instruct the jury that it may or shall presume that the evidence was unfavorable to the party, or (c) dismiss the action or enter a default judgment.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-379.2:1, relating to spoliation of evidence.19102920D
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
Patron: Vogel
Sex Trafficking Response Coordinator; duties; report. Creates, within the Department of Criminal Justice Services, a Sex Trafficking Response Coordinator (the Coordinator) who shall (i) create a statewide plan for local and state agencies to identify and respond to victims of sex trafficking; (ii) coordinate the development of standards and guidelines for treatment programs for victims of sex trafficking; (iii) maintain a list of programs that provide treatment or specialized services to victims of sex trafficking and make such list available to law-enforcement agencies, attorneys for the Commonwealth, crime victim and witness assistance programs, the Department of Juvenile Justice, the Department of Social Services, the Department of Education, and school divisions; (iv) oversee the development of a curriculum to be completed by persons convicted of solicitation of prostitution; and (v) promote strategies for the awareness of sex trafficking, for education and training related to sex trafficking, and for the reduction of demand for commercial sex. The bill requires the Coordinator to report annually to the Governor and the General Assembly and include a summary of activities for the year and any recommendations to address sex trafficking within the Commonwealth. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.4, relating to Sex Trafficking Response Coordinator; duties; report.19104154D
Patron: Mason
Employment records; written request from employee; subpoena duces tecum; penalty for failure to provide. Provides that an employer shall furnish a copy of certain employment records or papers within 30 days of receipt of a written request of a current or former employee or employee's attorney. The bill provides that the employer may charge a reasonable fee to comply with such a request. The bill further provides that a subpoena duces tecum may be issued upon the failure of an employer to comply with such a written request and that if the court finds that an employer willfully refused to comply with such a written request, as outlined in the bill, the court may award damages for all expenses incurred by the employee.
A BILL to amend and reenact § 8.01-413.1 of the Code of Virginia, relating to employment records; written request from employee; subpoena duces tecum; penalty for failure to provide.19103893D
Patron: Peake
Volunteer assistant attorneys for the Commonwealth. Permits attorneys for the Commonwealth to appoint volunteer assistants in any jurisdiction. Under current law, attorneys for the Commonwealth may only appoint volunteer assistants in cities with a population over 350,000, any city contiguous thereto, and the City of Richmond.
A BILL to repeal the second enactment of Chapter 913 of the Acts of Assembly of 2000, as amended by Chapter 719 of the Acts of Assembly of 2007, relating to volunteer assistant attorneys for the Commonwealth.19103742D
Patron: Carrico
Community work in lieu of payment of fines and court costs; authority of the court. Clarifies that a court shall oversee a program allowing community service in lieu of payment of fines and court costs, including the monitoring of credit earned toward the discharge of such fine or costs for a period of up to 10 years.
A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to community work in lieu of payment of fines and court costs; authority of the court.19103501D
Patron: Norment
Employment records; written request from employee; subpoena duces tecum; penalty for failure to provide. Provides that an employer shall furnish a copy of certain employment records or papers within 30 days of receipt of a written request of a current or former employee or employee's attorney. The bill provides that the employer may charge a reasonable fee to comply with such a request. The bill further provides that a subpoena duces tecum may be issued upon the failure of an employer to comply with such a written request and that if the court finds that an employer willfully refused to comply with such a written request, as outlined in the bill, the court may award damages for all expenses incurred by the employee.
A BILL to amend and reenact § 8.01-413.1 of the Code of Virginia, relating to employment records; written request from employee; subpoena duces tecum; penalty for failure to provide.19104902D
Patron: Norment
Purchase, possession, and sale of tobacco products, nicotine vapor products, and alternative nicotine products; minimum age requirements; penalties. Increases the minimum age for persons prohibited from purchasing or possessing tobacco products, nicotine vapor products, and alternative nicotine products, and the minimum age for persons such products can be sold to, from 18 years of age to 21 years of age. The bill also allows tobacco products, nicotine vapor products, and alternative nicotine products to be sold from a vending machine if there is posted notice of the minimum age requirements and the machine is located in a place that is not open to the general public and not generally accessible to persons under 21 years of age. Under current law, tobacco products may be sold from a vending machine if there is posted notice of the minimum age requirements and the machine is located in a place that is not open to the general public and not generally accessible to minors.
A BILL to amend and reenact §§ 18.2-246.8, 18.2-246.10, and 18.2-371.2 of the Code of Virginia, relating to purchase, possession, and sale of tobacco products, nicotine vapor products, and alternative nicotine products; minimum age requirements; penalties.
19104630D