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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 18, 2019
Time and Place: 9:30 AM / Senate Room A, Pocahontas Building
Updated to add HB 1622

H.B. 1622

Patron: Collins

Out-of-court and recorded statements made by a child; abuse or neglect of a child. Provides that, in any civil proceeding involving the alleged abuse or neglect of a child, an out-of-court statement made by a child 14 years of age or under at the time the statement is offered into evidence describing sexual acts with or on the child by another may be admissible. The bill further provides that in any such civil proceeding, a recorded statement of the alleged victim of the abuse or neglect, made prior to the proceeding, may be admissible if the alleged victim is 14 years of age or younger at the time the statement is offered into evidence. Under current law, such out-of-court and recorded statements may be admissible when the child is 12 years of age or younger.

A BILL to amend and reenact §§ 63.2-1522 and 63.2-1523 of the Code of Virginia, relating to out-of-court and recorded statements made by a child; abuse or neglect of a child.

19100479D

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. 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. 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. 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