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2019 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 13, 2019
Time and Place: 15 minutes after Senate adjourns / Senate Room A, Pocahontas Bldg

H.B. 1624

Patron: Orrock

Sanctions; other frivolous pleadings. Provides that a court may consider other similar, previously filed pleadings, motions, or other papers filed by a person in violation of the sanctions statute in determining sanctions on the case immediately before the court.

A BILL to amend and reenact § 8.01-271.1 of the Code of Virginia, relating to sanctions; evidence of other frivolous pleadings.

19100277D

H.B. 1626

Patron: Orrock

Animal fighting; probable cause where cocks tethered. Provides that when an animal control officer is determining whether certain cocks are used in animal fighting, the fact that one or more of the cocks are tethered shall be probable cause that such cocks have been, are, or are intended to be used in animal fighting.

A BILL to amend and reenact § 3.2-6571 of the Code of Virginia, relating to animal fighting; presumption where cocks tethered.

19100448D

H.B. 1636

Patron: Knight

Trespass; unmanned aircraft system; prohibited take off or landing; penalty. Provides that any person who knowingly and intentionally causes an unmanned aircraft system to take off or land in violation of current Federal Aviation Administration Special Security Instructions or UAS Security Sensitive Airspace Restrictions is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-121.3 of the Code of Virginia, relating to trespass; unmanned aircraft system; penalty.

19104483D

H.B. 1811

Patron: Collins

Use of handheld personal communications devices while driving. Prohibits any person from holding a handheld personal communications device while driving a motor vehicle. Current law prohibits only the reading of any email or text message and manually entering letters or text in such a device as a means of communicating. The bill expands the exemptions to include handheld personal communications devices that are being held and used (i) as an amateur radio or a citizens band radio; or (ii) 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 holding handheld personal communications devices while driving a motor vehicle.

19106270D

H.B. 1814

Patron: Hope

Deferral of jury service; persons who have legal custody of and are responsible for the care of a child. Provides that a court may defer or limit jury service of persons who have legal custody of and are responsible for a child or children 16 years of age or younger requiring continuous care by such person during normal court hours to the term of court next after such period of responsibility ends. Under current law, persons with such responsibility are exempt upon request, but no provision is given for the court to defer such person's jury service until after such period of responsibility ends.

A BILL to amend and reenact §§ 8.01-341.1 and 8.01-341.2 of the Code of Virginia, relating to deferral of jury service; persons who have legal custody of and are responsible for the care of a child.

19100437D

H.B. 1924

Patron: Bourne

Summons to compel attendance before commissioner of another state. Removes the authorization of a summons to compel attendance of a citizen of the Commonwealth before commissioners or other persons appointed by authority of another state when the summons requires the attendance of such witness at a place not out of his county or city. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-407 of the Code of Virginia, relating to summons to compel attendance before commissioner of another state.

19103214D

H.B. 1947

Patron: Campbell, J.L.

Threats to bomb or damage; false information as to danger; private or public elementary or secondary school; penalty. Provides that for any person who (i) makes and communicates to another by any means any threat to bomb, burn, destroy, or in any manner damage a private or public elementary or secondary school or (ii) communicates to another, by any means, information, knowing the same to be false, as to the existence of any peril of bombing, burning, destruction, or damage to a private or public elementary or secondary school the punishment includes a term of confinement of at least six months, five days of which is a mandatory minimum. Under current law, a person who is 15 or older is guilty of a Class 5 felony and a person who is under 15 is guilty of a Class 1 misdemeanor for such violation.

A BILL to amend and reenact § 18.2-83 of the Code of Virginia, relating to threats to bomb or damage; false information as to danger; private or public elementary or secondary school; penalty.

19106188D

H.B. 1979

Patron: Sullivan

Assisted conception. Amends the assisted conception statute to provide gender-neutral terminology. The bill allows an unmarried individual to be an intended parent, paralleling the ability of an unmarried individual to adopt under the adoption statutes. The bill further allows for the use of an embryo owned by an intended parent in a surrogacy arrangement. The bill contains technical amendments.

A BILL to amend and reenact §§ 20-156, 20-158 through 20-163, and 20-165 of the Code of Virginia, relating to assisted conception.

19101108D

H.B. 2080

Patron: Watts

Physical evidence recovery kit tracking system. Provides that the Department of Forensic Science (Department) shall maintain a statewide electronic tracking system for physical evidence recovery kits where such kits will be assigned a unique identification number to track each kit from its distribution as an uncollected kit to the health care provider through to its destruction. The bill provides that the Department shall provide access to the tracking system to health care providers, law-enforcement agencies, the Division of Consolidated Laboratory Services, and the Office of the Chief Medical Examiner. The bill also provides that a health care provider shall inform the victim of sexual assault of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider during the forensic medical examination and provide the victim with information regarding the physical evidence recovery kit tracking system. The bill provides that records entered into the physical evidence recovery kit tracking system are confidential and are not subject to disclosure under the Freedom of Information Act. The bill has a delayed effective date of July 1, 2020.

A BILL to amend the Code of Virginia by adding in Chapter 1.2 of Title 19.2 a section numbered 19.2-11.13, relating to Physical Evidence Recovery Kit Tracking System.

19106263D

H.B. 2089

Patron: Watts


Sex Offender and Crimes Against Minors Registry; reregistration schedule. Changes the dates for required reregistration of persons on the Sex Offender and Crimes Against Minors Registry (the Registry) from a repeating specified number of days after initial registration to time periods corresponding to such person's birth month and the first letter of such person's last name. The time intervals for reregistration for each of the following four categories of reregistration do not materially change. The bill provides that (i) a person required to register, other than those persons convicted of a sexually violent offense or murder, shall reregister once each year during such person's birth month, current law is once each year from the date of initial registration; (ii) a person convicted of a sexually violent offense or murder shall reregister every three months, beginning in such person's birth month, current law is every 90 days from the date of initial registration; (iii) a person convicted of providing false information or failing to provide registration information, but not convicted of a sexually violent offense or murder, shall reregister every six months beginning with such person's birth month, current law is every 180 days from the date of such conviction; and (iv) a person convicted of providing false information or failing to provide registration information, when such person was included in the Registry for a sexually violent offense or murder, shall reregister every month, current law is every 30 days from the date of such conviction. The bill requires persons with a last name beginning with A through L to register from the first to the fifteenth of each required reporting month and persons with last names M through Z to register from the sixteenth to the last day of the month of each required reporting month. The bill also requires that for the period of July 1, 2020, to July 1, 2021, any person required to reregister shall continue to reregister with the State Police on such person's reregistration schedule in place prior to July 1, 2020, until such person has reregistered pursuant to the new reregistration schedule, at which time such person shall continue reregistering with the new schedule. The bill has a delayed effective date of July 1, 2020.

A BILL to amend and reenact § 9.1-904 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; reregistration schedule.

19105611D

H.B. 2118

Patron: Mullin

Department of Forensic Science; accrediting bodies. Removes a forensic lab accrediting body no longer in existence and provides that laboratories that are accredited or certified by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed may conduct independent blood alcohol or drug testing.

A BILL to amend and reenact §§ 9.1-501, 18.2-268.7, and 46.2-341.26:7 of the Code of Virginia, relating to Department of Forensic Science; accrediting bodies.

19102174D

H.B. 2127

Patron: Davis

Best interests of a child; frequent and continuing contact with each parent. Provides that, while considering the best interests of a child for the purposes of determining custody or visitation arrangements, the court shall, when appropriate, assure frequent and continuing contact with each parent.

A BILL to amend and reenact § 20-124.3 of the Code of Virginia, relating to best interests of the child; maximizing time spent with each parent.

19105450D

H.B. 2143

Patron: Bell, Robert B.

Air bags; manufacture, importation, sale, etc., of counterfeit or nonfunctional air bag prohibited; penalty. Provides that a person is guilty of a Class 1 misdemeanor if he knowingly manufactures, imports, sells, installs, or reinstalls a counterfeit air bag or nonfunctional air bag, or any device that is intended to conceal a counterfeit air bag or nonfunctional air bag, in a motor vehicle. The bill also provides that it shall be an affirmative defense to a prosecution of such violation if the sale, installation, or reinstallation was authorized by the National Highway Traffic Safety Administration..

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

H.B. 2262

Patron: Campbell, J.L.

Managing agent of landlord. Clarifies that for the purposes of signing pleadings and other papers and obtaining a judgment for possession or for rent or damages in general district court, the managing agent of a landlord may act on behalf of the business, provided that he is acting pursuant to the written property management agreement.

A BILL to amend and reenact §§ 16.1-88.03, 55-246.1, and 55-248.4 of the Code of Virginia, relating to the managing agent of a landlord.

19103600D

H.B. 2270

Patron: Poindexter

Release of certain incarcerated aliens from jail; notice to Immigration and Customs Enforcement. Requires that the sheriff, jail superintendent, or other official in charge of a local correctional facility or a regional jail in which an alien is incarcerated shall notify U.S. Immigration and Customs Enforcement of the release or discharge of the alien forthwith as soon as the release date is known.

A BILL to amend the Code of Virginia by adding in Chapter 10 of Title 53.1 a section numbered 53.1-220.3, relating to release of certain incarcerated aliens from jail; notice to Immigration and Customs Enforcement.

19102731D

H.B. 2296

Patron: Leftwich

Rights of persons with disabilities; procedures for certain actions; website accessibility. Provides that when a complaint is filed alleging 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, the responsive pleading deadline shall be extended to 120 days after service of the summons and complaint upon the defendant to give such an entity an opportunity to cure any defect regarding its website accessibility. The bill further provides that, if the defendant files a responsive pleading stating that it has cured the defect, the court shall hold an evidentiary issue on the issue. The bill provides that the court shall dismiss an action or prayer for injunctive relief where it has found that the defendant has cured such a defect. The bill further provides that, in such a circumstance, the court may award reasonable attorney fees to the plaintiff.

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.

19106246D

H.B. 2317

Patron: Aird

Custody and visitation orders; history of family abuse; law-enforcement officers. Provides that in custody and visitation cases in which a history of family abuse has been considered, at the request of either party, the court may order a law-enforcement officer to be present at the exchange of a child pursuant to a custody or visitation order.

A BILL to amend and reenact § 20-124.3 of the Code of Virginia, relating to custody and visitation orders; history of family abuse; law-enforcement officers.

19103599D

H.B. 2320

Patron: VanValkenburg

Resetting bail, bond, and recognizance determinations; jurisdiction. Provides that any motion to alter the terms and conditions of bail where the initial bail decision is made by a judge or clerk of a district court or by a magistrate on any charge originally pending in that district court shall be filed in that district court unless (i) a bail decision is on appeal, (ii) such charge has been transferred to a circuit court, or (iii) such charge has been certified by a district court. The bill also provides that a bail decision of a higher court from an appeal of a lower court's bail decision shall be remanded to the lower court in which the case is pending for enforcement and modification of bail. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 19.2-124, 19.2-130, and 19.2-132 of the Code of Virginia, relating to resetting bail, bond, and recognizance determinations; jurisdiction.

19105764D

H.B. 2396

Patron: Lopez

Breach of personal information notification; passport and military identification numbers. Requires an individual or entity that owns or licenses computerized data that includes the first name or first initial and last name in combination with or linked to a passport number or military identification number to disclose any breach of the security system following discovery or notification of the breach to the Office of the Attorney General and any affected resident of the Commonwealth without unreasonable delay.

A BILL to amend and reenact § 18.2-186.6 of the Code of Virginia, relating to breach of personal information notification; passport and military identification numbers.

19102546D

H.B. 2417

Patron: Herring

Emergency protective order; required conditions; petition to dissolve or modify. Requires any emergency protective order to prohibit (i) the respondent from committing acts of family abuse or criminal offenses that result in injury to person or property and (ii) such contacts by the respondent with the allegedly abused person or family or household members of the allegedly abused person, including prohibiting the respondent from being in the physical presence of the allegedly abused person or family or household members of the allegedly abused person, as the judge or magistrate deems necessary to protect the safety of such persons. Under current law, a judge or magistrate must only impose one or more of such prohibitions when issuing an emergency protective order. Other conditions that may be imposed under current law remain under the discretion of the judge or magistrate. The bill also allows the petitioner of an emergency protective order to file a motion with the court requesting a hearing to dissolve or modify the order.

A BILL to amend and reenact §§ 16.1-253.4 and 19.2-152.8 of the Code of Virginia, relating to emergency protective order; required conditions; petition to dissolve or modify.

19102967D

H.B. 2509

Patron: Hugo

Virginia Self-Service Storage Act; enforcement of liens; online public auction. Allows any public auction held to enforce a lien on personal property stored within a leased space at a self-service storage facility to take place online. Under current law, such public auctions may take place only at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. The bill also requires that an advertisement of the online public auction be published in a newspaper of general circulation in the county, city, or town in which the self-service storage facility is located at least once prior to the online public auction.

A BILL to amend and reenact § 55-419 of the Code of Virginia, relating to the Virginia Self-Service Storage Act; enforcement of liens; online public auction.

19102734D

H.B. 2605

Patron: Ward

Community corrections alternative program; establishment. Repeals the boot camp incarceration program, diversion center incarceration program, and detention center incarceration program established and maintained by the Department of Corrections and replaces them with the community corrections alternative program that will be established and maintained by the Department of Corrections for probationers and parolees whose identified risks and needs cannot be addressed by conventional probation or parole supervision. The program shall include components for providing access to counseling, substance abuse testing and treatment, remedial education, and career and occupational assessment; providing assistance in securing and maintaining employment; ensuring compliance with terms and conditions of probation or parole; ensuring restitution and performance of community service; payment of fines and costs of court; and providing other programs that will assist the probationer or parolee in returning to society as a productive citizen.

A BILL to amend and reenact §§ 19.2-298.01, 46.2-357, 46.2-391, 53.1-10, 53.1-67.6, 60.2-219, and 60.2-618 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 18 of Title 19.2 an article numbered 6, consisting of a section numbered 19.2-316.4, and by adding in Chapter 2 of Title 53.1 an article numbered 9, consisting of a section numbered 53.1-67.9; and to repeal Articles 3 (§ 19.2-316.1), 4 (§ 19.2-316.2), and 5 (§ 19.2-316.3) of Chapter 18 of Title 19.2 and Articles 5 (§ 53.1-67.1), 7 (§ 53.1-67.7), and 8 (§ 53.1-67.8) of Chapter 2 of Title 53.1 of the Code of Virginia, relating to community corrections alternative program; establishment.

19102199D

H.B. 2622

Patron: Austin

Removal of a child; names and contact information of persons with a legitimate interest. Provides that, in any proceeding in which a child is removed from his home, the court shall order the parents or guardians of such child to provide the names and contact information for all persons with a legitimate interest to the local department of social services.

A BILL to amend and reenact §§ 16.1-251, 16.1-252, 16.1-277.01, 16.1-277.02, 16.1-278.2, 16.1-278.3, and 16.1-283 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 16.1 a section numbered 16.1-229.1, relating to removal of child; names and contact information of persons with a legitimate interest.

19105454D

H.B. 2666

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

H.B. 2679

Patron: Simon

Jurisdiction of juvenile and domestic relations district courts; specific findings of fact; status as a special immigrant. Grants the juvenile and domestic relations district courts jurisdiction over petitions to make the specific findings of fact necessary for a juvenile to petition the U.S. Citizenship and Immigration Services of the Department of Homeland Security for status as a special immigrant, as defined by 8 U.S.C. § 1101(a)(27)(J).

A BILL to amend and reenact § 16.1-241 of the Code of Virginia, relating to the jurisdiction of juvenile and domestic relations district courts; findings of fact; status as a special immigrant.

19103631D

H.B. 2746

Patron: Head

Central Criminal Records Exchange; background checks through Live Scan device. Requires the Department of State Police (the Department) to accept requests for background checks through the use of a Live Scan device certified by the Federal Bureau of Investigation by any agency or organization located within the Commonwealth that (i) is a business or organization that provides care to children or the elderly or disabled and is authorized to receive criminal history record information and (ii) utilizes a fingerprint background check as a condition of licensure, certification, employment, or volunteer service. The bill states that any such agency or organization transmitting requests for background checks to the Department shall be responsible for all costs associated with capturing, formatting, encrypting, and transmitting all required information in a manner prescribed by the Department. The bill provides that the Department shall only provide the criminal history record information to the extent authorized by state or federal law, rules, and regulations and that the Department may deny any such agency or organization access to criminal history record information if the Department finds that such agency or organization has failed to comply with state or federal law, rules, or regulations.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-388.1, relating to Central Criminal Records Exchange; background checks through Live Scan device.

19105828D

H.B. 2773

Patron: Bell, Robert B.

Criminal Injuries Compensation Fund; amount of award. Removes the current $600 limit placed on the amount that may be awarded to a crime victim for total loss of earnings resulting from incapacity. The bill also increases from $5,000 to $10,000 the maximum amount a claimant may be awarded from the Criminal Injuries Compensation Fund for expenses directly related to funeral or burial costs and increases from $25,000 to $35,000 the maximum aggregate award received by a claimant as a result of an injury or death.

A BILL to amend and reenact § 19.2-368.11:1 of the Code of Virginia, relating to Criminal Injuries Compensation Fund; amount of award.

19102633D