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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.
2020 SESSION
Chair: John S. Edwards
Clerk: John Garrett, Alec Fischbein
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 27, 2020
Time and Place: 8:00 AM Senate Room A Pocahontas Building
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.
Patron: Favola
Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, as defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. The bill provides that when the defendant's severe mental illness is at issue, a determination will be made by the jury or by the judge in a bench trial as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, where the defendant is unable to show good cause for untimely notice, bar the defendant from presenting such evidence.
Patron: Stuart
Protective orders; issuance upon convictions for certain felonies; penalty. Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide, (iii) kidnapping, (iv) assaults and bodily woundings, (v) extortion, or (vi) criminal sexual assault. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
Patron: Stuart
Violations of protective orders; penalty. Provides that any person who commits any assault, assault and battery, or bodily wounding upon any party protected by a protective order is guilty of a Class 6 felony. Currently, the Class 6 felony is only applicable if the person commits an assault and battery that results in serious bodily injury to the protected party.
Patron: Cosgrove
Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after completion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guaranty. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guaranties, or (ii) discovery of the defect or breach of warranty that gave rise to the action. The bill contains technical amendments.
Patron: Cosgrove
Oral threats of death or bodily injury to a person or member of his family or to persons on school property; penalty. Provides that any person who orally threatens another person in person to kill or do bodily injury to such other person or any member of the other person's family, and the threat places such other person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 5 felony. The bill also provides that any person who orally threatens to kill or do bodily harm to another person in person (i) on the grounds or premises of any elementary, middle, or secondary school property; (ii) at any elementary, middle, or secondary school-sponsored event; or (iii) on a school bus to any person or persons is guilty of a Class 6 felony.
Patron: Stuart
Capital murder of a person in a school setting; penalty. Provides that the willful, deliberate, and premeditated killing of any person by another when such person is upon the property of any child day center, any public, private, or religious preschool, elementary school, middle school, or high school, or any institution of higher education is punishable as capital murder, a Class 1 felony. The bill also provides that any person convicted of such offense shall be sentenced to no less than a mandatory minimum term of confinement for life.
Patron: Stuart
Virginia Board for Court Reporters. Creates the Virginia Board for Court Reporters as an independent board to establish the qualification of applicants for licensure or registration of court reporters in the state. Beginning July 1, 2021, no person may engage in or offer to engage in work as a court reporter unless he has been licensed by the Board. The bill establishes principles of conduct for court reporters and creates the Board for Court Reporters Fund to receive licensing and registration fees to fund the licensure and registration program.
Patron: Cosgrove
Gifts of real estate; title search required for recordation. Provides that no deed of gift conveying real estate shall be recorded unless accompanied by a document certifying that a title search has been completed for the real estate subject to the deed and stating any matters affecting the title of property that were found by the title search.
Patron: Bell
Computer trespass; penalty. Expands the crime of computer trespass to provide that the prohibited actions that constitute computer trespass are criminalized if done through intentionally deceptive means and without authority and specifies that a computer hardware or software provider, an interactive computer service, or a telecommunications or cable operator does not have to provide notice of its activities to a computer user that a reasonable computer user should expect may occur.
Patron: Hashmi
Appeal from district court; civil cases; notice of docketing. Provides that the clerk of the appellate court to which a civil case is appealed shall provide notice of the docketing of such case to the appellee by certified mail and to the counsel for the parties by regular mail. The bill removes language allowing the clerk to provide such notice by posting it on the front door of the courtroom and instead states that notice shall be made in conformity with provisions for notice for service of process in all civil cases.
Patron: Surovell
Initial child support order; unreimbursed medical expenses for pregnancy and birth. Provides that for any initial child support proceeding that is commenced within six months of the birth of a child, the order shall provide that the parents pay in proportion to their gross incomes any reasonable and necessary unpaid expenses of the mother's pregnancy and the delivery of such child.
Patron: Surovell
Access to minor's child-care records by parent. Provides that, absent a court order, a minor's child-care records shall not be withheld from a parent of such minor, regardless of whether the parent has custody of such child.
Patron: Surovell
Spousal support; reservation of right to seek; material change of circumstances. Provides that, unless otherwise provided by stipulation or contract, or unless otherwise ordered by the court, a party seeking to exercise his reserved right to spousal support shall be required to prove that a material change of circumstances has occurred as a prerequisite for the court to consider exercise of such reservation.
Patron: Surovell
Adultery; civil penalty. Reduces the penalty for adultery from a Class 4 misdemeanor to a civil penalty of not more than $250.
Patron: Surovell
Child support; assignment of tax credits. Provides that the court may assign a party in a child support proceeding the right to claim any credits resulting from the income tax dependency exemption for any child or children of the parties for federal and state income tax purposes.
Patron: Surovell
Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence.
Patron: Surovell
Juvenile and domestic relations district court; award of attorney fees. Permits a juvenile and domestic relations district court judge to take all relevant factors, in addition to the relative financial ability of the parties, into consideration when awarding attorney fees and costs.
Patron: Reeves
Killing or injuring police animals; penalty. Provides that the punishment for any person who maliciously kills or injures an animal owned, used, or trained by a law-enforcement agency, regional jail, or the Department of Corrections, while such animal is performing its lawful duties or is being kept in a kennel, pen, or stable while off duty, shall be separate and apart from, and shall be made to run consecutively with, any other sentence.
Patron: DeSteph
Abuse and neglect of children; contact with other parent; penalty. Provides that any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission interferes with such child's contact and relationship with the other parent, guardian, or other person responsible for the care of such child, including unreasonably denying the other parent, guardian, or other person responsible for the care of such child access to or visitation with such child, is guilty of a Class 6 felony.
Patrons: Bell, Ebbin
Dating relationship abuse; penalty. Expands the crime of assault and battery against a family or household member to include persons in a dating relationship, as defined in the bill. The bill also expands the class of persons who are eligible to obtain a protective order in cases of family abuse to include persons who are in a dating relationship and who have been subjected to dating relationship abuse, also defined in the bill.
Patron: Dunnavant
Visitation; petition of grandparent of deceased parent. Requires the court, in petitions for visitation filed by the grandparent of a child whose parent is the grandparent's child and is deceased, to consider the following factors: (i) the historical relationship between the grandparent and child; (ii) the motivation of the grandparent in seeking visitation; (iii) the motivation of the living parent in denying visitation to the grandparent; (iv) the quantity of time requested and the effect it will have on the child's daily activities; and (v) the benefits of maintaining a relationship with the extended family of the deceased parent.
Patron: Mason
Protective orders on behalf of incapacitated persons. Allows an employee of a local department of social services (local department) to petition a court on behalf of an incapacitated person for a preliminary protective order in cases of family abuse or non-family abuse. If the court finds by a preponderance of the evidence that the person is an incapacitated person and lacks the capacity to file such petition for himself, the court shall grant a guardian ad litem to represent the interests of the incapacitated person and may issue an order granting the preliminary protective order if other conditions required for the issuance of a preliminary protective order are met. The bill allows the employee of a local department who filed the petition to testify on behalf of the incapacitated person at any hearing for the preliminary protective order and at the full hearing on the petition. At the full hearing on the petition, the court may issue a protective order for a specified period of time, up to a maximum of two years, if the court finds by a preponderance of the evidence that the employee of a local department who filed the petition has proven the allegation of abuse or that the incapacitated person has been subjected to an act of violence, force, or threat.
Patron: Norment
Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after completion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guaranty. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guaranties, or (ii) discovery of the defect or breach of warranty that gave rise to the action. The bill contains technical amendments.
Patron: McClellan
Misdemeanor sexual offenses where the victim is a minor; statute of limitations. Increases the statute of limitations for prosecuting misdemeanor violations where the victim is a minor from one year after the victim reaches the age of majority to five years after the victim reaches the age of majority for the following misdemeanor violations: carnal knowledge of offender by employee of bail bond company, sexual battery, attempted sexual battery, infected sexual battery, sexual abuse of a child age 13 or 14 by an adult, and tongue penetration by adult of mouth of child under age 13 with lascivious intent.
Patron: Reeves
Conveyance and transfers of real property by state agencies; Department of Military Affairs; lease of state military reservation property. Provides that, subject to general provisions governing the lease of property owned by the Commonwealth by state agencies, the Department of Military Affairs may convey a leasehold interest in any portion of State Military Reservation property to governmental or private entities when it is deemed to be in the Department's best interest to (i) provide necessary services such as lodging, training capabilities, or logistical utility services that support the department's mission or (ii) maintain a peripheral buffer with compatible uses, including ground parking leases. The term of such lease may not exceed 50 years; however, any agreement may be extended upon the written recommendation of the Governor and the approval of the General Assembly. In the event that the Department enters into a written lease with a private individual, firm, corporation, or other entity, neither the real property that is the subject of the lease nor any improvements or personal property located on the real property that is the subject of the lease shall be subject to taxation by any local government authority, provided that the real property, improvements, or personal property is used for a purpose consistent with or supporting the department mission.
Patron: Lucas
Criminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary response to criminal sexual assault in each political subdivision (i) local health department district directors; (ii) the administrator of each licensed hospital within the jurisdiction; (iii) the director of each health safety net clinic within the jurisdiction; and (iv) any other local health care providers, or their designees, and authorizes attorneys for the Commonwealth to conduct the sexual assault response team annual meetings using other methods, such as electronic communication means, to encourage attendance. The bill also eliminates the requirement that a victim of sexual assault report the assault to law enforcement or undergo a physical evidence recovery kit examination to be eligible for compensation for uncompensated medical costs through the Criminal Injuries Compensation Fund, and directs the Secretary of Health and Human Resources to establish a work group to evaluate the feasibility of moving responsibility for the SAFE program from the Virginia Workers’ Compensation Commission to the Department of Medical Assistance Services and to provide recommendations related to increasing the reimbursement rates for sexual assault forensic examinations to cover the actual cost of such examinations and including reimbursement of costs associated with preparing for and participating in a criminal trial related to the sexual assault when a sexual assault forensic nurse is subpoenaed to participate in such trial as a cost that is reimbursable through the SAFE program. The workgroup shall report its findings and conclusions to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Commission on Health Care by September 1, 2020. This legislation is approved by the Joint Commission on Health Care.
Patron: Spruill
Celebration of marriage; fee. Increases from $50 to $75 the fee that may be charged by a person other than a minister who is authorized to celebrate the rites of marriage.
Patron: Hanger
Assault and battery of private police officers; penalty. Adds private police officers employed by a private police department to the definition of law-enforcement officer for purposes of the crimes of assault and assault and battery. The current punishment for assault or assault and battery against a law-enforcement officer engaged in the performance of his public duties is a Class 6 felony with a six-month mandatory minimum sentence.
Patron: McClellan
Property conveyance; Governor; Chickahominy Indian Tribe. Authorizes the Governor to convey two parcels of land located in Charles City County comprising 216.57 acres and 10 acres to the Chickahominy Indian Tribe.
Patron: Stanley
Authorization of volunteer school security officers by local school boards and private or religious schools.