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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: February 6, 2019
Time and Place: 15 minutes after the Senate adjourns / Senate Committee Room A
Patron: Cole
School security officers; employment by private or religious schools; carrying a firearm in performance of duties. Allows private or religious schools to employ a school security officer and to authorize a school security officer to carry a firearm in the performance of his duties, subject to the same criteria for carrying a firearm in the performance of his duties imposed on a school security officer employed by the local school board. The bill also updates the definition of school security officer in the assault and battery statute.
A BILL to amend and reenact §§ 9.1-101, 18.2-57, and 22.1-280.2:1 of the Code of Virginia, relating to school security officers; private or religious schools; carrying a firearm in performance of duties.19100833D
Patron: Jones, J.C.
Out-of-state conviction of drug offenses; restricted driver's license. Provides that a person convicted of a drug offense in another state may petition the general district court of the county or city in which he resides for a restricted driver's license allowing the petitioner to operate a motor vehicle in the Commonwealth on a restricted basis, provided that no such restricted license shall permit the petitioner to operate a commercial vehicle.
A BILL to amend and reenact § 18.2-259.1 of the Code of Virginia, relating to out-of-state drug offenses; restricted driver's license.19104871D
Patron: Mullin
Preliminary protective orders; full hearing date; act of God. Provides that if an act of God causes closure of a court and prevents the full hearing for a preliminary protective order from being held within 15 days of the issuance of the preliminary order, the hearing shall be held on the next day not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
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; full hearing date; act of God.19100681D
Patron: Herring
Reorganization of motor vehicle registration, licensing, and certificates of title statutes; segregation of criminal offenses and traffic offenses. Moves the criminal offenses related to registration, licensing, and certificates of title included within § 46.2-613 to § 46.2-612. The bill reorganizes these statutes so that § 46.2-612 contains only criminal offenses and § 46.2-613 contains only traffic infractions. Removes the authority of the court to dismiss a summons for a criminal offense related to the registration, licensing, and certificates of title when proof of compliance with the law is provided to the court on or before the court date. The bill otherwise retains the elements of and penalties for the offenses and infractions. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact §§ 46.2-612 and 46.2-613 of the Code of Virginia, relating to reorganization of motor vehicle registration, licensing, and certificates of title statutes; segregation of criminal offenses and traffic offenses; alteration of judicial authority to dismiss related criminal offenses.
19101087D
Patron: Hurst
Public elementary and secondary school students; suspension and expulsion; cannabidiol oil and THC-A oil. Permits any student who possesses a valid and unexpired written certification to use cannabidiol oil or THC-A oil that is issued by a licensed practitioner of medicine or osteopathy to possess and use cannabidiol oil or THC-A oil on school property, on a school bus, or at a school-sponsored activity. The bill prohibits a school board from suspending or expelling from school attendance any such student who possesses or uses cannabidiol oil or THC-A oil on school property, on a school bus, or at a school-sponsored activity.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-251.1:1, relating to cannabidiol oil and THC-A oil; possession or distribution at school.19105452D
Patron: Reid
Post-adoption contact and communication agreements. Provides that a local board of social services or child welfare agency required to file a petition for a permanency planning hearing may inform the birth parents and shall inform the adoptive parents that they may enter into enter into a post-adoption contact and communication agreement. The bill further provides that such local board of social services or child welfare agency shall inform the child if he is 14 years of age or older that he may consent to such an agreement.
A BILL to amend and reenact §§ 16.1-283.1 and 63.2-1220.2 of the Code of Virginia, relating to post-adoption contact and communication agreements.19105385D
Patron: Mullin
Virginia Juvenile Community Crime Control Act; prevention of juvenile crime prior to intake. Provides that juveniles who have been screened for needing community-based services using an evidence-based assessment protocol are eligible to receive community-based services as provided by the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq.) (the Act). The bill also requires the total number of children who have been screened for needing community diversion or community-based services using an evidence-based assessment protocol to be factored into the funding determination for community diversion services as provided for by the Act.
A BILL to amend and reenact §§ 16.1-309.2, 16.1-309.3, and 16.2-309.7 of the Code of Virginia, relating to the Virginia Juvenile Community Crime Control Act; prevention of juvenile crime prior to intake.19100033D
Patron: Fariss
Department of Forestry; conveyance of easement; Buckingham County. Authorizes the conveyance of a right-of-way easement from the Department of Forestry to Robert H. Whistleman and Karen L. Whistleman. The easement, which will follow an existing road across a portion of the Appomattox-Buckingham State Forest, will allow ingress and egress and access for utilities from State Route 24 to the Whistlemans' property.
A BILL to authorize the conveyance of an easement by the Department of Forestry in Buckingham County.19105033D
Patron: Ransone
Student offenses reportable by intake officers to school division superintendents. Adds (i) threats of death or bodily injury to another person communicated in writing to such person or member of such person's family and (ii) threats to commit serious bodily harm to persons on school property to the listing of offenses that a juvenile intake officer is required to report to the school division superintendent, when a petition is filed alleging that a juvenile student committed such an offense.
A BILL to amend and reenact § 16.1-260 of the Code of Virginia, relating to student offenses reportable by intake officers to school division superintendents.19101060D
Patron: Delaney
Nondisclosure or confidentiality agreement; sexual assault; condition of employment. Prohibits an employer from requiring an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement that has the purpose or effect of concealing the details relating to a claim of sexual assault as a condition of employment.
A BILL to amend the Code of Virginia by adding a section numbered 40.1-28.01, relating to provisions of a nondisclosure or confidentiality agreement; sexual assault; condition of employment.19105617D
Patron: Tyler
Investigations and reports by probation officers; persons eligible for parole. 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 of the Code of Virginia, relating to investigations and reports by probation officers; persons eligible for parole.19102194D
Patron: Bourne
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. A BILL to amend and reenact § 8.01-126 of the Code of Virginia, relating to unlawful detainer; initial hearing; subsequent filings; termination notice.
19104793D
Patron: Campbell, J.L.
Civil actions; no-fault divorce; fees and costs. Provides that, in the case of a no-fault divorce proceeding, a person who is a current recipient of a state or federally funded public assistance program for the indigent shall not be subject to fees and costs. The bill further provides that, in such no-fault divorce proceeding, such person shall certify to the receipt of such benefits under oath.
A BILL to amend and reenact § 17.1-606 of the Code of Virginia, relating to civil actions; determination of indigency.19105765D
Patron: Campbell, J.L.
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, and the final decree of divorce as proposed by the complainant 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.19105770D
Patron: Campbell, J.L.
Uniform Power of Attorney Act; breach of fiduciary duty; recovery of attorney fees. Provides that in a judicial proceeding involving a claim for breach of fiduciary duty against an agent brought under the Uniform Power of Attorney Act commenced on or after July 1, 2019, the court may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the principal's property. A BILL to amend and reenact § 64.2-1614 of the Code of Virginia, relating to Uniform Power of Attorney Act breach of fiduciary duty; recovery of attorney fees.
19104514D
Patron: Campbell, J.L.
Appellate damages. Specifies that when any judgment is affirmed, whether in whole or in part, damages shall be awarded to the appellee on the portion of the judgment affirmed. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 8.01-682 of the Code of Virginia, relating to appellate damages.19103353D
Patron: Carr
Nonpayment of child support; amount of arrearage paid; time period to pay arrearage; repayment schedule; suspension of driver's license. Provides that an individual who is delinquent in child support payments or has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings is entitled to a judicial hearing if he makes a written request within 30 days from service of a notice of intent to suspend or renew his driver's license. Current law provides such an entitlement if such request is made within 10 days from such notice. The bill further allows the Department of Motor Vehicles to renew a driver's license or terminate a license suspension imposed on an individual if such individual has reached an agreement with the Department of Social Services to satisfy the child support payment delinquency within a 10-year period and has made at least one payment of at least five percent of the total delinquency or $600, whichever is less, as opposed to whichever is greater under current law, under such agreement. The bill further provides that, where such a repayment agreement has been entered into and such an individual has failed to comply with such agreement, the Department of Motor Vehicles shall suspend or refuse to renew such individual's driver's license until it has received certification from the Department of Social Services that such individual has entered into a subsequent agreement to pay within a period of seven years and has paid the lesser amount, as opposed to greater amount under current law, of at least one payment of $1,200 or seven percent, as opposed to five percent under current law, of the current delinquency. The bill provides that an individual who fails to comply with such a subsequent agreement may enter into a new agreement if such individual has made a payment in the lesser amount, as opposed to the greater amount under current law, of $1,800 or 10 percent, as opposed to five percent under current law, and agrees to a repayment schedule of not more than seven years, which is consistent with the timeframe provided by the current law.
A BILL to amend and reenact § 46.2-320.1 of the Code of Virginia, relating to nonpayment of child support; amount of arrearage paid; time period to pay arrearage; repayment schedule; suspension of driver's license.19101815D
Patron: Bell, Richard P.
Forfeiture on recognizance; bail bondsman; suspension of license. Provides that if a forfeited recognizance is not paid within 150 days, the license of any bail bondsman on the bond shall be suspended by the Department of Criminal Justice Services (the Department) until the forfeiture is satisfied. The bill further provides that the court will then give notice to any employer of the bail bondsman on the bond to pay the forfeited recognizance within 10 business days. If such forfeited recognizance is not paid at the end of the additional 10 business days, the bill provides that the Department shall suspend the licenses of such employer of the bail bondsman, or any of its agents thereof until the forfeited recognizance is satisfied.
A BILL to amend and reenact §§ 9.1-185.8 and 19.2-143 of the Code of Virginia, relating to forfeiture on recognizance; bail bondsman; suspension of license.19105179D
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: Bell, Robert B.
Air bags and supplemental restraint systems; counterfeit and nonfunctional components prohibited; penalty. Provides that a person is guilty of a Class 1 misdemeanor if he (i) installs or reinstalls any air bag or other component of a motor vehicle's supplemental restraint system that is counterfeit, nonfunctional, or not in accordance with federal safety regulations; (ii) knowingly, without authorization, and not pursuant to guidelines or bulletins from the National Highway Traffic Safety Administration sells, installs, reinstalls, or replaces any device that causes a motor vehicle's diagnostic system to (a) fail to warn when a counterfeit supplemental restraint system component as defined in the bill or a nonfunctional air bag as defined in the bill is installed in a motor vehicle or (b) inaccurately indicate that the motor vehicle is equipped with a properly functioning air bag; or (iii) knowingly manufactures, imports, distributes, sells, or offers for sale a device intended to replace a supplemental restraint system component in any motor vehicle that is a counterfeit supplemental restraint system component, a nonfunctional air bag, or a device that does not meet federal safety standards.
A BILL to amend and reenact § 46.2-1088.3 of the Code of Virginia, relating to air bags; manufacture, importation, sale, etc., of counterfeit or nonfunctional air bag prohibited; penalty.19104899D
Patron: Brewer
False caller identification information; penalty. Makes it a Class 3 misdemeanor for any person who, with the intent to defraud, intimidate, or harass, causes a telephone to ring or engages in conduct that results in the display of false caller identification information on the called party's telephone. The bill raises the penalty to a Class 2 misdemeanor for a second or subsequent conviction. The bill does not apply to the blocking of caller identification information, to law-enforcement agencies and officers, to intelligence or security agencies of the federal government and their employees, or to telecommunications, broadband, or Voice-over-Internet protocol service providers in certain circumstances.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-429.1, relating to false caller identification information; penalty.19105780D
Patron: Sullivan
Statute of limitations; action based on an unsigned, written contract. Provides that the statute of limitations for an action based on an unsigned, written contract is three years after the cause of action has accrued. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 8.01-246 of the Code of Virginia, relating to statute of limitations; action based on an unsigned, written contract.19101344D
Patron: Pogge
Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 90 days of receipt of the nonresident's completed application unless it determines that he is disqualified. The bill provides that the Department shall certify the nonresident's application as a de facto concealed handgun permit, which is effective for a period of 90 days after issuance, if the Department has not issued the permit or determined that the nonresident is disqualified within that 90-day period. The bill has a delayed effective date of October 1, 2019.
A BILL to amend and reenact § 18.2-308.06 of the Code of Virginia, relating to nonresident concealed handgun permits; time of issuance.19101846D
Patron: Cole
Expungement of police and court records; absolute pardon. Provides for the automatic expungement of the police and court records relating to a person's conviction if he has been granted an absolute pardon for a crime that he did not commit. Under current law, the person granted the absolute pardon must petition the court for an order of expungement. The bill requires the Secretary of the Commonwealth to forward a copy of any absolute pardon to the circuit court where the person was convicted of the crime for which the absolute pardon was granted.
A BILL to amend and reenact §§ 2.2-402 and 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records; absolute pardon.19100183D
Patron: Bell, Robert B.
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.
The bill also adds various criminal offenses to the list of offenses for which a report to the Central Criminal Records Exchange is required. The reports contain such information as is required by the Exchange and are accompanied by fingerprints of the individual arrested.
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, 53.1-145, and 53.1-165 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.
19105587D
Patron: Campbell, R.R.
DNA analysis; conviction of certain crimes or similar ordinance of a locality. Adds persons convicted of local ordinances that are similar to certain crimes listed under current law to the list of persons from whom a blood, saliva, or tissue sample shall be taken for DNA analysis to determine identification characteristics specific to the person. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 19.2-310.2 of the Code of Virginia, relating to DNA analysis; conviction of certain crimes or similar ordinance of a locality.19103201D
Patron: Adams, L.R.
Bail and recognizances; magistrate's checklist; surety's basis for request for capias. Requires a magistrate who conducts a bail hearing for a person arrested on a warrant or capias for a jailable offense to describe, on a form provided by the Executive Secretary of the Supreme Court, the information considered in conducting such hearing, including (i) the nature and circumstances of the offense, (ii) whether a firearm was used in the offense, (iii) the financial resources of the accused, (iv) the character and appearance of the accused, and (v) the criminal history of the accused. The bill requires such magistrate to transmit such completed form to the circuit court or district before which the warrant or capias is returnable. The bill also requires a surety on a bond in recognizance to state the basis for which a capias is being requested from the court on the surety's application for the capias. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 19.2-121 and 19.2-149 of the Code of Virginia, relating to bail and recognizances; magistrate's checklist; surety's basis for request for capias.19104059D
Patron: Collins
Testimony by child victims and witnesses using two-way closed-circuit television; commercial sex trafficking and prostitution offenses. Allows a court to order, upon application by the attorney for the Commonwealth or the defendant, that the testimony of a child victim of an offense of commercial sex trafficking or prostitution, if such child is 14 years of age or younger at the time of the offense and 16 years of age or younger at the time of the trial, be taken by two-way closed-circuit television. The bill allows the same for child witnesses of such offenses who are 14 years of age or younger at the time of the trial. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 18.2-67.9 of the Code of Virginia, relating to testimony by child victims and witnesses using two-way closed-circuit television; commercial sex trafficking and prostitution offenses.19103168D
Patron: Hodges
Offenses relating to credit cards; venue. Provides that a prosecution for an offense related to credit cards may occur in the county or city in which the cardholder resides. Under current law, such prosecution may only be had in the county or city in which (i) any act in furtherance of the crime was committed or (ii) an issuer or acquirer, or an agent of either, sustained a financial loss as a result of the offense.
A BILL to amend and reenact § 18.2-198.1 of the Code of Virginia, relating to offenses relating to credit cards; venue.19105075D
Patron: Rush
Restoration of firearms rights; report to State Police. Creates a method whereby circuit courts shall report to the Department of State Police the issuance of a restoration order that unconditionally authorizes the possession, transportation, or carrying of a firearm to a person (i) who has been convicted of a felony; (ii) adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder, kidnapping, robbery by the threat or presentation of firearms, or rape; or (iii) under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that would be a felony if committed by an adult. The bill provides that if a court enters an order restoring a felon's right, the order shall contain the felon's name and date of birth and the clerk of the court shall certify and forward the restoration order accompanied by a complete set of the petitioner's fingerprints to the Central Criminal Records Exchange (CCRE). The bill provides that the Department of State Police, upon receipt of the restoration order, shall enter the felon's name and description in the CCRE so that law-enforcement personnel accessing the CCRE will be aware of the order's existence. The bill has a delayed effective date of January 1, 2021.
A BILL to amend and reenact §§ 18.2-308.09 and 18.2-308.2 of the Code of Virginia, relating to restoration of firearms rights; report to State Police.19101934D
Patron: Orrock
Crime victim rights; notice of release of defendant found unrestorably incompetent or acquitted by reason of insanity. Provides that, upon the request of the victim of a crime, the Commissioner of Behavioral Health or his designee shall notify the victim of the release of a defendant who was found to be unrestorably incompetent or who was acquitted by reason of insanity and committed to inpatient hospitalization.
A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to crime victim rights; notice of release of defendant found unrestorably incompetent or acquitted by reason of insanity.19103613D
Patron: Collins
Bail bondsman; surrender of principal; deposit. Requires a bail bondsman on a bond in a recognizance who surrenders his principal for any reason other than a summons to show cause issued by the court for which the defendant is to appear to deposit with the clerk or magistrate the greater of 10 percent of the amount of the bond or $50 at the time of the application for a capias. The bill allows the bondsman to petition the court within 15 days to show cause as to why the bondsman is entitled to the amount deposited. If the court finds that there was sufficient cause to surrender the principal, the court shall return the deposited funds to the bondsman. If the court finds that surrender of the principal was unreasonable, the court shall return the deposited funds to the principal.
A BILL to amend and reenact § 19.2-149 of the Code of Virginia, relating to bail bondsman; surrender of principal; deposit.19103714D
Patron: Bell, Robert B.
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.
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 behavioral health or substance abuse crises.19103690D
Patron: Campbell, R.R.
Clerks of court, Torrens system. 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 repeal § 55-112 of the Code of Virginia, relating to clerks of court, Torrens system.19105245D