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2020 SESSION

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Senate Committee on Judiciary

Chair: John S. Edwards

Date of Meeting: January 13, 2020
Time and Place: 9:00 AM Senate Room A Pocahontas Building
Added SB 12,22,35,69,70,240,450,505,543,615 Deleted SBs 16, 506

S.B. 12

Patron: Saslaw

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

A BILL to amend and reenact 54.1-4201.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.2:5, relating to firearm transfers; criminal history record checks; penalty.

20100505D

S.B. 22

Patron: Saslaw

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

A BILL to amend and reenact 18.2-308.2:2 of the Code of Virginia, relating to purchase of handguns; limitation on handgun purchases; penalty.

20101067D

S.B. 35

Patron: Surovell

Control of firearms by localities; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.

A BILL to amend and reenact 15.2-915 of the Code of Virginia, relating to control of firearms by localities; permitted events.

20100476D

S.B. 69

Patron: Locke

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

A BILL to amend and reenact 18.2-308.2:2 of the Code of Virginia, relating to purchase of handguns; limitation on handgun purchases; penalty.

20101200D

S.B. 70

Patron: Lucas


Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.

 

A BILL to amend and reenact 18.2-308.2, as it is currently effective and as it shall become effective, 18.2-308.2:2, 22.1-277.07, and 54.1-4201.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.2:5, relating to firearm transfers; criminal history record information check; penalty.

20101549D

S.B. 240

Patron: Barker


Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill.

 

A BILL to amend and reenact 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, by adding in Title 19.2 a chapter numbered 9.2, consisting of sections numbered 19.2-152.13 through 19.2-152.17, and by adding a section numbered 19.2-387.3, relating to firearms; removal from persons posing substantial risk; penalties.

20103425D

S.B. 450

Patron: Edwards

Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of its local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned, operated or used by the locality.

A BILL to amend and reenact 15.2-915 of the Code of Virginia, relating to control of firearms; chambers of local governing bodies.

20101857D

S.B. 505

Patron: Edwards

Control of firearms by localities; local government buildings. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes. The bill requires such ordinance to include a provision for security measures designed to reasonably prevent unauthorized access of such buildings by a person with a firearm, ammunition, or components or combination thereof. The bill requires a locality to post notice of any such prohibition at all entrances of buildings used for governmental purposes.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.01, relating to control of firearms in local government buildings.

20104634D

S.B. 543

Patron: Edwards

Firearms shows; mandatory background check. Requires the Department of State Police to perform a criminal history record information check on the prospective purchaser or transferee prior to the completion of any firearms transaction at a firearms show held in the Commonwealth. Current law requires the Department of State Police to be available at every firearms show held in the Commonwealth to perform criminal history record information checks but does not require such checks to be performed unless requested by a party involved in the transaction.

A BILL to amend and reenact 54.1-4201.2 of the Code of Virginia, relating to firearms shows; mandatory background check.

20101849D

S.B. 615

Patron: Deeds

Control of firearms by localities; local government buildings and parks. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes and in public parks owned by the locality. The bill requires such ordinance to include a provision for security measures designed to reasonably prevent unauthorized access of such buildings or parks by a person with a firearm, ammunition, or components or combination thereof. The bill requires a locality to post notice of any such prohibition at all entrances of buildings used for governmental purposes and at the main entrances to public parks owned by this locality.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.01, relating to control of firearms in local government buildings.

20101883D

S.B. 3

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.

20100173D

S.B. 17

Patron: Ebbin

Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

A BILL to repeal 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.

20100591D

S.B. 19

Patron: Ebbin

Records of marriages; identification of race. Eliminates the requirement that the race of married parties be included in the marriage record filed with the State Registrar.

A BILL to amend and reenact 32.1-267 of the Code of Virginia, relating to records of marriages; identification of race.

20100556D

S.B. 32

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 inanimate 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.

20100605D

S.B. 39

Patron: Edwards

Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

A BILL to repeal 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.

20101093D

S.B. 42

Patron: DeSteph


Aggravated sexual battery by false representation or subterfuge; penalty. Provides that any person who sexually abuses another person through false representation or subterfuge that is part of a massage by a massage therapist, a medical procedure, or physical therapy is guilty of aggravated sexual battery if such abuse is intentional and without the consent of the complaining witness. The bill also eliminates the provision that sexual battery can be accomplished by ruse.

A BILL to amend and reenact 18.2-67.3 and 18.2-67.4 of the Code of Virginia, relating to aggravated sexual battery by false representation or subterfuge; penalty.

20100063D

S.B. 55

Patron: Cosgrove

Sex offenders in emergency shelters; notification; penalty. Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify a member of the shelter's staff who is responsible for providing security of such person's status as a registered sex offender. The bill provides that any person who fails to notify the shelter's staff of his status as a registered sex offender is guilty of a Class 3 misdemeanor. This bill provides that no person shall be denied entry solely on the basis of his status as a sex offender unless such entry is otherwise prohibited by law, but emergency shelter staff may deny entry of a person on such registry who has been convicted of a sexually violent offense for a period of time necessary to ensure the safety of other individuals admitted to the emergency shelter.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-906.1, relating to sex offenders in emergency shelters; notification; penalty.

20100468D

S.B. 59

Patron: Hanger

Juvenile law-enforcement records; disclosures to school principals. Changes from discretionary to mandatory that the chief of police of a city or chief of police or sheriff of a county disclose to a school principal all instances where a juvenile at the principal's school is a suspect in or has been charged with a violent juvenile felony, an arson offense, or a concealed weapon offense and adds an offense that requires a juvenile intake officer to make a report with the school division superintendent to the list of such instances that must be disclosed to a school principal for the protection of the juvenile, his fellow students, and school personnel.

A BILL to amend and reenact 16.1-301 of the Code of Virginia, relating to juvenile law-enforcement records; disclosures to school principals.

20100294D

S.B. 61

Patron: Marsden

Custody and visitation arrangements; foster care; adoption; use of cannabidiol oil or THC-A oil. Provides that the use of cannabidiol oil or THC-A oil by a parent in a custody or visitation case shall not serve as the sole basis for the denial or restriction of custody or visitation, if such parent has a written certification by a practitioner attesting to the benefit of such use. The bill further provides that such use by a foster parent shall not be the sole reason a child is removed from a foster parent and that such use by a prospective foster parent shall not be the sole reason to deny such prospective foster parent eligibility to become a foster parent. The bill also provides that such use by a petitioner for adoption shall not be the sole reason for the denial of a final order of adoption by a circuit court.

A BILL to amend and reenact 20-124.3 and 63.2-1213 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 63.2-901.2, relating to custody and visitation arrangements; final orders of adoption; foster care; use of cannabidiol oil or THC-A oil.

20100579D

S.B. 62

Patron: Suetterlein

Marriage records; divorce and annulment reports; identification of race. Eliminates the requirement that the race of married parties be included in marriage records, divorce reports, and annulment reports filed with the State Registrar. The bill also removes the requirement that the State Registrar include race data in the compilation and posting of marriage, divorce, and annulment data.

 A BILL to amend and reenact 32.1-267, 32.1-268, and 32.1-268.1 of the Code of Virginia, relating to marriage records; divorce and annulment reports; identification of race.

20100816D

S.B. 72

Patron: Surovell

Public defender offices; Cities of Manassas and Manassas Park and County of Prince William. Establishes a public defender office for the Cities of Manassas and Manassas Park and the County of Prince William.

A BILL to amend and reenact 19.2-163.04 of the Code of Virginia, relating to public defender offices; Cities of Manassas and Manassas Park and County of Prince William.

20100915D

S.B. 103

Patron: Marsden

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentence, and any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentences, shall be eligible for parole.

A BILL to amend and reenact 19.2-387, 19.2-389, as it is currently effective and as it shall become effective, 19.2-391, 53.1-136, and 53.1-165.1 of the Code of Virginia, relating to juvenile parole.

20100929D

S.B. 105

Patron: Favola

Best interests of the child; act of violence, force, or threat against an intimate partner or the intimate partner's child. Provides that any act of violence, force, or threat against an intimate partner or the intimate partner's child shall be considered by a court in determining the best interests of a child for the purposes of a custody or visitation arrangement.

A BILL to amend and reenact 20-124.3 of the Code of Virginia, relating to best interests of the child; act of violence, force, or threat against intimate partner or the intimate partner's child.

20102015D

S.B. 148

Patron: Stuart

Driving under the influence. Provides that the provisions regarding driving or operating a motor vehicle, engine, or train while intoxicated and the provisions regarding operating a motor vehicle by a person under the age of 21 after illegally consuming alcohol shall not apply to any person driving or operating a motor vehicle on his own residential property or the curtilage thereof.

A BILL to amend and reenact 18.2-266 and 18.2-266.1 of the Code of Virginia, relating to driving under the influence.

20101417D

S.B. 149

Patron: Howell

Courthouse and courtroom security; assessment. Increases from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse and courtroom security.

A BILL to amend and reenact 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment.

20101599D

S.B. 154

Patron: Stuart

Allowable purposes for restricted licenses. Adds travel to and from the offices of the Virginia Employment Commission for the purpose of seeking employment to the list of purposes for which a court may issue a restricted driver's license.

A BILL to amend and reenact 18.2-271.1 of the Code of Virginia, relating to allowable purposes for restricted licenses.

20101429D

S.B. 168

Patron: DeSteph

Line of Duty Act; requiring Virginia licensed health practitioners to conduct medical reviews. Requires that, for any medical review of a claim made pursuant to the provisions of the Line of Duty Act (LODA), the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in Virginia. The bill has a delayed effective date of July 1, 2021.

A BILL to amend and reenact 9.1-404 and 9.1-405 of the Code of Virginia, relating to Line of Duty Act; requiring Virginia licensed health practitioners to conduct medical reviews.

20101138D

S.B. 169

Patron: DeSteph

Issuance of warrants by magistrates. Provides that a magistrate may not issue an arrest warrant for a misdemeanor offense where the accused is a law-enforcement officer and the alleged offense arises out of the performance of his public duties upon the basis of a complaint by a person other than a law-enforcement officer or an animal control officer without prior authorization by the attorney for the Commonwealth or by a law-enforcement agency. The bill provides for the appointment of an attorney for the Commonwealth from outside the jurisdiction if a conflict of interest exists for the attorney for the Commonwealth having jurisdiction.

A BILL to amend and reenact 19.2-71 and 19.2-72 of the Code of Virginia, relating to issuance of warrants for law-enforcement officers by a magistrate.

20101140D

S.B. 170

Patron: Locke

Public schools; school resource officers and school security officers; data. Requires the Department of Criminal Justice Services, in coordination with the Department of Education and the Department of Juvenile Justice, to annually collect, report, and publish data related to incidents involving students and school resource officers or school security officers. The bill also requires the Virginia Center for School and Campus Safety to analyze and disseminate submitted data.

A BILL to amend and reenact 9.1-184 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-279.10, relating to school resource officers and school security officers; data.

20103257D

S.B. 171

Patron: Locke

School resource officers and school security officers; training standards. Requires school resource officers and school security officers to receive training specific to the role and responsibility of a law-enforcement officer working with students in a school environment that includes training on (i) relevant state and federal laws; (ii) school and personal liability issues; (iii) security awareness in the school environment; (iv) mediation and conflict resolution, including de-escalation techniques; (v) disaster and emergency response; (vi) awareness of cultural diversity and implicit bias; (vii) working with students with disabilities, mental health needs, substance abuse disorders, or past traumatic experiences; and (viii) student behavioral dynamics, including current child and adolescent development and brain research.

A BILL to amend and reenact 9.1-102 of the Code of Virginia, relating to school resource officers and school security officers; training standards.

20103259D

S.B. 179

Patron: Favola

Hate crimes; gender, disability, gender identity, or sexual orientation; penalty. Adds gender, disability, gender identity, and sexual orientation to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds gender, disability, gender identity, and sexual orientation to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by gender, disability, gender identity, or sexual orientation, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of gender, disability, gender identity, or sexual orientation.

A BILL to amend and reenact 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5 of the Code of Virginia, relating to hate crimes; gender, disability, gender identity, or sexual orientation; penalty.

20102367D

S.B. 204

Patron: Lucas

Redistricting; role of Supreme Court of Virginia. Directs the Supreme Court of Virginia to enact rules and procedures for implementing the constitutional requirement that the Court establish congressional or state legislative districts in the event districts fail to be enacted. The rules and procedures enacted by the Court are required to allow public participation in the Court's redistricting deliberations, to provide for the Division of Legislative Services to provide staff support and technical assistance to the Court, and to ensure districts established by the Court adhere to constitutional and statutory criteria. The bill directs the Court to appoint a special master to assist in the establishment of districts and authorizes the Court to adjust the date of the primary election and various related deadlines as may be necessary to allow for the establishment of districts. The bill has a contingent effective date of November 15, 2020, provided that the voters approve the amendments to Article II of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.

A BILL to amend and reenact 8.01-3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 24.2 an article numbered 5, consisting of a section numbered 24.2-314, relating to redistricting; role of Supreme Court of Virginia.

20101143D

S.B. 208

Patron: Petersen

Mechanics' liens; right to withhold payment. Specifies that the use of funds paid to a general contractor or subcontractor and used by such contractor or subcontractor before paying all amounts due for labor performed or material furnished gives rise to a civil cause of action for a party who is owed such funds. The bill further specifies that such cause of action does not affect a contractor's or subcontractor's right to withhold payment for failure to properly perform labor or furnish materials and that any contractual provision that allows a party to withhold funds due on one contract for alleged claims or damages due on another contract is void as against public policy.

A BILL to amend and reenact 43-13 of the Code of Virginia, relating to mechanics' liens; right to withhold payment.

20102138D

S.B. 209

Patron: Petersen

Maximum number of judges in each judicial district. Increases from 11 to 12 the maximum number of authorized general district court judgeships in the nineteenth judicial district. The Committee on District Courts recommended the additional judgeship in 2018.

A BILL to amend and reenact 16.1-69.6:1 of the Code of Virginia, relating to the maximum number of judges in each judicial district.

20102142D

S.B. 229

Patron: Petersen

Signature defects on pleadings, motions, and other papers. Clarifies that any pleading, motion, or other paper that is not properly signed is defective and voidable. The bill further provides that failure to timely raise signature defects waives any challenge based on such a defect, and that a signature defect shall be cured within 21 days after it is brought to the attention of the pleader or movant, or the pleading, motion, or other paper that contains the signature defect shall be stricken.

A BILL to amend and reenact 8.01-271.1 of the Code of Virginia, relating to signature defects on pleadings, motions, and other papers.

20101534D

S.B. 242

Patron: Marsden

Carnal knowledge of an inmate, parolee, probationer, arrestee, detainee, or pretrial defendant or posttrial offender; local or state law-enforcement officer; penalty. Adds law-enforcement officers to those persons who are guilty of a Class 6 felony if they are in a position of authority over and carnally know without force, threat, or intimidation any inmate, parolee, probationer, arrestee, detainee, or pretrial or posttrial offender, including those in the custody of a private, local, or state law-enforcement agency. In addition, the bill adds arrestees to the list of those persons for whom it is unlawful for a person in such authority to commit the offense of carnal knowledge.

A BILL to amend and reenact 18.2-64.2 of the Code of Virginia, relating to carnal knowledge of an inmate, parolee, probationer, arrestee, detainee, or pretrial defendant or posttrial offender; local or state law-enforcement officer; penalty.

20102561D

S.B. 247

Patron: Surovell

No-fault divorce; gender-neutral terminology. Replaces the terms "husband" and "wife" with gender-neutral terms in the no-fault divorce statute.

A BILL to amend and reenact 20-91 of the Code of Virginia, relating to no-fault divorce; gender-neutral terminology.

20100400D

S.B. 253

Patron: Chafin

Deeds of trust; fiduciary duties. Specifies that a trustee under a deed of trust has only the duties, rights, and obligations imposed and conferred on it by the deed of trust or by statute. This bill is in response to Crosby v. ALG Trustee, LLC, 296 Va. 561 (2018).

A BILL to amend and reenact 55.1-320 of the Code of Virginia, relating to deeds of trust; fiduciary duties.

20102906D

S.B. 261

Patron: Chafin

Accounts filed by fiduciaries and reports filed by guardians; penalty. Provides that any account filed by a fiduciary with the commissioner of accounts and annual report filed by a guardian with the local department of social services shall be signed under oath and that the punishment for making a false statement or entry in such a filing is a Class 1 misdemeanor.

A BILL to amend and reenact 64.2-1305 and 64.2-2020 of the Code of Virginia, relating to accounts filed by fiduciaries and reports filed by guardians; penalty.

20104495D

S.B. 267

Patron: Bell

Limitation on recovery; manufacture, distribution, or prescription of opioids. Eliminates the limitation on the total amount of (i) punitive damages against a manufacturer or distributor of opioids or (ii) damages for medical malpractice against a health care provider for the prescription of opioids in excess of the recommended dosage or quantity that can be awarded in an action arising out of injury to or death of a person as a result of such person's use of such opioids.

A BILL to amend and reenact 8.01-38.1 and 8.01-581.15 of the Code of Virginia, relating to limitation on recovery; manufacture, distribution, or prescription of opioids.

20100196D

S.B. 282

Patron: Deeds

Ignition interlock for first offense driving under the influence of drugs. Provides that a court of proper jurisdiction may, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a first offense driving under the influence of drugs. Under current law, such prohibition is required to be ordered as a condition of a restricted license.

A BILL to amend and reenact 18.2-270.1 of the Code of Virginia, relating to ignition interlock for first offense driving under the influence of drugs.

20100608D

S.B. 285

Patron: Deeds

Bystander claims for intentional or negligent infliction of injury or death; emotional distress. Provides that a bystander who witnesses, live and in-person, an event during which the intentional or negligent infliction of injury to or death of a victim occurs may recover damages for resulting emotional distress, proven by a preponderance of the evidence, with or without a physical impact or physical injury to the bystander, if (i) the bystander is related to the victim or (ii) although not related to the victim, the bystander is in close proximity to the victim at the time the event occurs and is aware that such event is causing injury to or the death of the victim.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.6, relating to bystander claims for intentional or negligent infliction of injury or death; emotional distress.

20101719D

S.B. 286

Patron: Deeds

Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact 19.2-303.2 of the Code of Virginia, relating to deferred dispositions; property crimes; larceny and receiving stolen goods.

20104290D

S.B. 297

Patron: Favola

Virginia Sexual and Domestic Violence Prevention Fund; report. Creates the Virginia Sexual and Domestic Violence Prevention Fund, which shall be administered by the Department of Social Services, in coordination with the Department of Health and the Virginia Sexual and Domestic Violence Action Alliance, and used to develop and support programs that prevent sexual and domestic violence through strategies that (i) promote healthy practices related to relationships, sexuality, and social-emotional development and (ii) counteract the factors associated with the initial perpetration of sexual and domestic violence.

A BILL to amend the Code of Virginia by adding in Title 63.2 a chapter numbered 23, consisting of a section numbered 63.2-2300, relating to Virginia Sexual and Domestic Violence Prevention Fund; report.

20103455D

S.B. 308

Patron: Stanley

Accounts filed by fiduciaries and reports filed by guardians; perjury; penalty. Provides that any account filed by a fiduciary with the commissioner of accounts and annual report filed by a guardian with the local department of social services shall be signed under oath under penalty of perjury, the punishment for which is a Class 5 felony. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact 64.2-1305 and 64.2-2020 of the Code of Virginia, relating to accounts filed by fiduciaries and reports filed by guardians; perjury; penalty.

20100964D

S.B. 309

Patron: Stanley

Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact 19.2-303.2 of the Code of Virginia, relating to deferred dispositions; property crimes; larceny and receiving stolen goods.

20100965D