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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 30, 2019
Time and Place: 15 minutes after adjournment of the Senate / Senate Room A
Updated to add House Bills
Patron: Herring
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.19101090D
Patron: Leftwich
Forgery; venue. Provides that, in addition to the current forgery venue provisions, forgery may be prosecuted in any county or city where a person sustained a financial loss as a result of the offense.
A BILL to amend and reenact § 19.2-245.1 of the Code of Virginia, relating to forgery; venue.19101000D
Patron: Jones, J.C.
Wrongful death beneficiaries; parents who received support or services from the deceased for necessaries. Adds parents who received support or services from the deceased for necessaries within 12 months prior to the decedent's death to the primary list of beneficiaries who may receive a distribution of wrongful death damages.
A BILL to amend and reenact § 8.01-53 of the Code of Virginia, relating to wrongful death beneficiaries; parents of the decedent.19104764D
Patron: Leftwich
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 Reorganizes, updates outdated language, and removes unused provisions in several writ of habeas corpus statutes.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.19101170D
Patron: Hope
Medical and mental health treatment of prisoners incapable of giving consent. Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment. If statutory procedures are followed, the service provider does not have liability based on lack of consent or lack of capacity to consent unless there is injury or death resulting from gross negligence or willful and wanton misconduct.
A BILL to amend and reenact §§ 17.1-406, 17.1-410, and 37.2-803 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 53.1 sections numbered 53.1-133.04 and 53.1-133.05, relating to medical and mental health treatment of prisoners incapable of giving consent.19104834D
Patron: Bell, Robert B.
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.19102421D
Patron: Price
Exposure to bodily fluids; infection with human immunodeficiency virus or hepatitis B or C viruses; expedited testing. Requires a general district court to hold a hearing within 48 hours of a petition being filed seeking to compel collection of a blood specimen for testing for human immunodeficiency virus or the hepatitis B or C viruses when exposure to bodily fluids occurs between a person and any health care provider, person employed by or under the direction and control of a health care provider, law-enforcement officer, firefighter, emergency medical services personnel, person employed by a public safety agency, or school board employee and the person whose blood specimen is sought refuses to consent to providing such specimen. The bill allows a testing order to be issued based on a finding that there is probable cause to believe that exposure has occurred. The bill directs the Office of the Executive Secretary of the Supreme Court to publish a petition form for such filing. The bill specifies that no specimen obtained as a result of a testing order shall be tested for any purpose other than for the purpose provided for in the bill, nor shall the specimen or the results of such testing be used for any purpose in any criminal matter or investigation. Any violation shall constitute reversible error in any criminal case in which the specimen or results were used.
A BILL to amend and reenact §§ 16.1-241 and 32.1-45.1 of the Code of Virginia, relating to exposure to bodily fluids; infection with human immunodeficiency virus or hepatitis B or C viruses; expedited testing.19104845D
Patron: Thomas
Evidence; accident reconstruction; criminal cases. Provides that in any criminal case, an accident reconstruction expert, when properly qualified, may testify as an expert witness in a court of law subject to the Rules of Supreme Court.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-270.8, relating to evidence; accident reconstruction expert; criminal cases.19104837D
Patron: Thomas
Prohibited inhalants or other noxious chemical substances; fluorinated hydrocarbons and hydrogenated fluorocarbons. Adds fluorinated hydrocarbons or vapors and hydrogenated fluorocarbons or vapors to the list of prohibited drugs or noxious chemical substances that a person may deliberately smell or inhale with the intent to become intoxicated, inebriated, excited, or stupefied or to dull the brain or nervous system or that a person may deliberately cause, invite, or induce a person to smell or inhale with the intent to intoxicate, inebriate, excite, stupefy, or dull the brain or nervous system of such person.
A BILL to amend and reenact § 18.2-264 of the Code of Virginia, relating to prohibited inhalants or other noxious chemical substances; fluorinated hydrocarbons or vapors; hydrogenated fluorocarbons.19104839D
Patron: Peace
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.19103758D
Patron: Gilbert
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.19103756D
Patron: Stolle
Specialty dockets; report. Requires the Office of the Executive Secretary of the Supreme Court to develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local specialty dockets established in accordance with the Rules of Supreme Court of Virginia and submit a report of these evaluations to the General Assembly by December 1 of each year.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-254.2, relating to specialty dockets; report.19103681D
Patron: Cosgrove
Forgery; venue. Provides that, in addition to the current forgery venue provisions, forgery may be prosecuted in any county or city where an issuer, acquirer, or account holder sustained a financial loss as a result of the offense.
A BILL to amend and reenact § 19.2-245.1 of the Code of Virginia, relating to forgery; venue.19100988D
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: McClellan
Disorderly conduct in public places; school activities. Eliminates the Class 1 misdemeanor for disrupting willfully or while intoxicated, whether willfully or not, the operation of any school or any school activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
A BILL to amend and reenact § 18.2-415 of the Code of Virginia, relating to disorderly conduct in public places; school activities.19101854D
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
Immunity of employers and potential employers; reports of violent behavior. Provides civil immunity to an employer who makes a report to a potential employer or law-enforcement agency of violent or threatened violent behavior, as defined in the bill, by an employee or former employee, provided that such a report was made in good faith and with reasonable cause to make such report. The bill further provides immunity to a potential employer who receives such a report and takes reasonable action in good faith to respond to the violent or threatened violent behavior noted in such report. The bill further provides that the court shall award reasonable attorney fees and costs to any employer or potential employer who has a suit dismissed against him pursuant to the immunity provided to him.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.10:1, relating to immunity of employers and potential employers; reports of violent behavior.19102632D
Patron: Stuart
Use of handheld personal communications devices while driving. Expands the prohibition on using a handheld personal communications device while operating a motor vehicle to all uses unless the device is specifically designed to allow hands-free and voice operation and the device is being used in that manner. Current law prohibits only the reading of any email or text message and manually entering letters or text in the device as a means of communicating. The bill expands the exemptions to include handheld personal communications devices that are used (i) for navigation or generating audio transmissions when the device is physically mounted to the vehicle; (ii) as an amateur radio or a citizens band radio; (iii) to activate, deactivate, or initiate a factory-installed feature or function on the vehicle; or (iv) for official Department of Transportation or traffic incident management services.
A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to hands-free operation of handheld personal communications devices while operating a motor vehicle; exceptions.
19104282D
Patron: Petersen
Corporal punishment of a child with an object; penalty. Provides that any parent, guardian, or other person responsible for the care of a child under 18 years of age who uses an object to subject a child to corporal punishment, as defined in the bill, is guilty of a Class 4 misdemeanor. The bill also provides that a defendant not previously convicted of corporal punishment of a child with an object may have his charge deferred to enter a treatment program. The charge may be dismissed upon successful completion of the treatment program.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-371.1:1, relating to corporal punishment of a child with an object; penalty.19101645D
Patron: McClellan
Parole; exception to limitation on the application of parole statutes; investigations and reports by probation officers. Provides that a person is entitled to parole who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed after the time that the abolition of parole went into effect (January 1, 1995). The bill also allows a presentence report to be made available for review without a court order to incarcerated persons who are eligible for release by the Virginia Parole Board, or to such person's counsel.
A BILL to amend and reenact §§ 19.2-299 and 53.1-165.1 of the Code of Virginia, relating to parole; exception to limitation on the application of parole statutes; investigations and reports by probation officers.19103814D
Patron: Stuart
Virginia Board for Court Reporters. Creates the Virginia Board for Court Reporters (the Board) as an independent board to regulate court reporting services in the state. Beginning July 1, 2020, no person may engage in or offer to engage in work as a court reporter unless he has been licensed by the Board. The bill establishes standards of conduct for court reporters and creates the Board for Court Reporters Fund to receive licensing and registration fees to fund the regulatory program.
A BILL to amend and reenact §§ 2.2-3705.3, 2.2-3711, 8.01-405, and 54.1-111 of the Code of Virginia; to amend the Code of Virginia by adding in Title 54.1 a chapter numbered 45, containing articles numbered 1, 2, and 3, consisting of sections numbered 54.1-4500 through 54.1-4521; and to repeal Chapter 10 (§§ 17.1-1000 through 17.1-1005) of Title 17.1 of the Code of Virginia, relating to court reporters; Virginia Board for Court Reporters.19104094D
Patron: Deeds
Limitation of prosecutions; misdemeanor sex offenses against minors. Extends the statute of limitations period for prosecuting certain misdemeanor sex offenses where the victim is a minor at the time of the offense to 20 years after the victim reaches majority. Current law provides that such offenses must be prosecuted within a year after the victim reaches majority.
A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; misdemeanor sex offenses against minors.19101028D
Patron: Barker
Unlawful detainer; appeal bond. Provides that for an appeal in an unlawful detainer case, the defendant shall post an appeal bond into the general district court in the amount of outstanding rent, late charges, attorney fees, and any other charges or damages due, as contracted for in the rental agreement, due as of the date the appeal is filed with the court. Once the appeal is perfected, the defendant shall pay the rental amount as contracted for to the plaintiff on or before the fifth day of each month. The bill provides that if such amount is not paid, the judge, upon motion of the plaintiff, shall enter judgment for the outstanding amounts due and an order of possession without further hearings. This bill is a recommendation of the Virginia Housing Commission.
A BILL to amend and reenact § 16.1-107 of the Code of Virginia, relating to unlawful detainer; appeal bond.19104032D
Patron: Barker
Summons for unlawful detainer; initial hearing; subsequent filings; termination notice. Provides that if an initial hearing on a summons for unlawful detainer cannot be held within 21 days from the date of filing, it shall be held as soon as practicable, but not later than 30 days after the date of the filing. The bill further provides that an order of possession for the premises in an unlawful detainer action shall not be entered unless the plaintiff or the plaintiff's attorney or agent has presented a copy of a proper termination notice that the court admits into evidence. The bill allows a plaintiff to amend the amount alleged to be due and owing in an unlawful detainer action to request all amounts due and owing as of the date of a hearing on the action and to further amend such an amount to include additional amounts that become due and owing prior to the final disposition of a pending unlawful detainer action. The bill prohibits a plaintiff from filing a subsequent and additional unlawful detainer summons for such additional amounts. This bill is a recommendation of the Virginia Housing Commission.
A BILL to amend and reenact § 8.01-126 of the Code of Virginia, relating to unlawful detainer; initial hearing; subsequent filings; termination notice.19104035D
Patron: Cosgrove
Department of Agriculture and Consumer Services; Charitable Gaming Board; Electronic Gaming Devices Act; penalty. Establishes the Electronic Gaming Devices Act to be administered by the Department of Agriculture and Consumer Services (the Department). The bill requires the Charitable Gaming Board to promulgate regulations (i) establishing a process for the approval or disapproval of electronic gaming devices and the individual games offered on such devices as games of skill; (ii) requiring registration for the placement of an approved electronic gaming device in a club, establishment, or restaurant; and (iii) requiring that a charitable organization that has been registered by the Department be designated to receive a predetermined percentage of the gross receipts generated by the electronic gaming device. The bill also requires suppliers and manufacturers of electronic gaming devices to obtain a permit from the Department prior to selling or distributing electronic gaming devices in the Commonwealth and imposes a penalty of not more than $1,000 for each violation of the provisions of the bill.
A BILL to amend and reenact § 2.2-2456 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-581, relating to the Department of Agriculture and Consumer Services; Charitable Gaming Board; Electronic Gaming Devices Act; penalty.19104345D
Patron: Ebbin
Unlawful dissemination or sale of images of another; falsely created videographic or still image; penalty. Provides that a person is guilty of a Class 1 misdemeanor if he, with the intent to coerce, harass, or intimidate the depicted person, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person who appears to be totally nude or in a state of undress, in addition to, under current law, a person who is totally nude or in such state of undress, so as to expose the genitals, pubic area, buttocks, or female breasts, where such person knows or has reason to know that he is not licensed or authorized to do so. The bill also clarifies that videographic or still image includes a falsely created videographic or still image.
A BILL to amend and reenact § 18.2-386.2 of the Code of Virginia, relating to unlawful dissemination or sale of images of another; falsely created videographic or still image; penalty.
19104201D
Patron: Reeves
Simulated gambling. Defines "simulated gambling" and "simulated gambling device."
A BILL to amend and reenact § 18.2-325 of the Code of Virginia, relating to simulated gambling.19104327D
Patron: Suetterlein
Emergency custody orders; period of custody. Provides that a person shall remain in custody under an emergency custody order until a temporary detention order is served. Under current law, such person remains in custody until a temporary detention order is issued.
A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to emergency custody orders; period of custody.19104666D
Patron: Mason
Use of handheld personal communications devices; highway work zones; penalty. Prohibits any use of a handheld personal communications device by a person operating a moving motor vehicle in a highway work zone, with certain exceptions. The bill provides that a violation is a Class 1 misdemeanor. Current law prohibits only the reading of an email or text message on the device and manually entering letters or text in the device as a means of communicating, with the same exceptions.
A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to use of handheld personal communications devices; highway work zones; penalty.19104680D