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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.
2021 SESSION
Chair: John S. Edwards
Clerk: John Garrett, Alec Fischbein
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 18, 2021
Time and Place: 8 AM West Comm. Rm Science Museum Register to speak @ GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Stanley
Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the covered offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (iii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iv) specific facts indicating that relevant forensic scientific evidence was not available or could not have been obtained in the exercise of diligence before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency or that discredited forensic scientific evidence was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless. The bill provides that if the court finds by clear and convincing evidence that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2022, and an expiration date of July 1, 2026.
Patron: Stanley
General district courts; jurisdictional limits. Increases from $25,000 to $50,000 the maximum civil jurisdictional limit of general district courts.
Patron: Reeves
Law-enforcement agencies; body-worn camera systems. Creates a special nonreverting fund to be known as the Body-Worn Camera System Fund to assist state or local law-enforcement agencies with the costs of purchasing, operating, and maintaining body-worn camera systems.
Patron: Stanley
Habitual offenders; repeal. Repeals the remaining provisions of the Habitual Offender Act. The bill also requires that the Commissioner of the Department of Motor Vehicles reinstate a person's privilege to drive a motor vehicle that was suspended or revoked solely on the basis that such person was determined to be or adjudicated a habitual offender pursuant to the Habitual Offender Act.
Patron: Obenshain
Will contest; presumption of undue influence. Provides that in any case contesting the validity of a decedent's will where a presumption of undue influence arises, the burden of producing evidence and the burden of persuasion as to the factual issue that undue influence was exerted over the testator shall be on the party against whom the presumption operates.
Patron: Obenshain
Execution of wills; witnesses. Requires the witnesses to a will to be disinterested, a term defined in the bill.
Patron: Reeves
Veterans service organizations; paramilitary activities. Exempts members of a Congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs veterans service organization when such member is participating in a public ceremony on behalf of such veterans service organization from the crimes of brandishing a firearm and unlawful paramilitary activity.
Patron: Cosgrove
Gifts of real estate; requirements. Prohibits a clerk of court from recording a deed of gift conveying real estate unless it is accompanied by a certified copy of the existing deed showing the name of the current owner of the property.
Patron: Cosgrove
Persons who may celebrate rites of marriage; members of the General Assembly. Authorizes any current member of the General Assembly to celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.
Patron: Surovell
Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence.
Patron: Lucas
Definition of "abused or neglected child." Conforms the definition of "abused or neglected child" in Title 16.1 (Courts Not of Record) with the definition of the same term in Title 63.2 (Welfare (Social Services)).
Patron: Surovell
Special immigrant juvenile status; jurisdiction. Permits the Juvenile and Domestic Relations District Court to retain jurisdiction in cases where a child has petitioned the court to make findings of fact that would allow the child to apply for or receive a state or federal benefit until such child reaches 21 years of age for the purpose of entering findings of fact or amending past orders, to include findings of fact necessary for the person to petition the federal government for status as a special immigrant juvenile.
Patron: Deeds
Standby guardianship; triggering event. Adds the detention, incarceration, or deportation of a parent to the list of triggering events for which a parent may designate a standby guardian to be appointed for the care of the parent's minor child.
Patron: Barker
Confidentiality of juvenile court records; exceptions. Provides that juvenile case files shall be open for inspection by (i) the Department of Social Services or any local department of social services that is providing services or care for, or has accepted a referral for investigation and the provision of services pursuant to a request for relief of custody regarding, a juvenile who is the subject of the record for (a) a purpose relevant to the provision of the services or care or (b) the purpose of conducting an investigation or family assessment of child abuse or neglect involving the juvenile who is the subject of the record and (ii) the Department of Behavioral Health and Developmental Services or any local community services board that is providing treatment, services, or care for a juvenile who is the subject of the record for a purpose relevant to the provision of the treatment, services, or care.
Patron: Edwards
Driver's license suspensions; restricted licenses; drug offenses. Authorizes the Department of Motor Vehicles to issue restricted driving credentials to individuals with driver's license suspensions resulting from drug-related offenses.
Patron: Petersen
Attorneys; granting certificates without examination. Provides that the Supreme Court of Virginia shall have the discretion to grant a certificate to practice law without examination to an attorney who has (i) been admitted to practice law before the court of last resort of any state or territory of the United States or the District of Columbia for at least two years; (ii) made at least six pro hac vice appearances in a court in the Commonwealth, whether state or federal; and (iii) obtained a juris doctor or LL.M. degree from an accredited law school in the United States that was approved by the American Bar Association.
Patron: Stuart
Criminal sexual assault committed by parents, stepparents, grandparents, and step-grandparents; penalty. Provides that a parent, stepparent, grandparent, or step-grandparent is guilty of the crime of forcible sodomy or object sexual penetration if such offenses are committed by such persons and the complaining witness is at least 13 years of age but younger than 18 years of age. The bill also increases from a Class 3 felony to a Class 2 felony the penalty for the crime of incest.
Patron: Stuart
Personal injury claim; disclosure of insurance policy limits. Provides that in a civil action for personal injuries sustained from a motor vehicle accident, regardless of the amount of losses sustained by an injured person, an insurance company shall disclose the policy limits of an alleged tortfeasor who has been charged with an offense of driving under the influence within 30 days of a request for such disclosure. Under current law, such disclosure is required only if the alleged tortfeasor is convicted of such an offense. The bill also adds the offense of refusal to submit to a breath or blood test to the list of driving under the influence offenses for which disclosure of the insurance policy limits is required.
Patron: Edwards
Personal appearance by two-way electronic video and audio communication; entry of plea or nolle prosequi; adjudication of probation violations. Provides that with the consent of the court and all parties, an appearance in a court may be made by two-way electronic video and audio communication for the purpose of (i) entry of a plea of guilty or nolo contendere and the related sentencing of the defendant charged with a misdemeanor or felony, (ii) entry of a nolle prosequi, or (iii) adjudication of an alleged violation of probation. This bill is a recommendation of the Judicial Council of Virginia and the Committee on District Courts.
Patron: Cosgrove
Eminent domain; notice of intent to file certificate. Provides that the notice required to be sent to a landowner prior to an authorized condemnor recording a certificate of take or certificate of deposit shall state that (i) the certificate of take or certificate of deposit will be recorded between 30 and 45 days from the date of the notice and (ii) that the property will transfer to the condemnor upon recordation and that the owner has the right to petition the court for distribution of the funds represented in the certificate.
Patron: McClellan
Child care providers; background check portability; subsidy pilot program; report. Exempts prospective employees and volunteers of certain child care providers from statutory background check requirements where the individual completed a background check within the previous five years, provided that (i) such background check was conducted after July 1, 2017; (ii) the results of such background check indicated that the individual had not been convicted of any barrier crime and was not the subject of a founded complaint of child abuse or neglect; and (iii) the individual is an employee or volunteer of a child care provider that is subject to background check requirements or has been separated from such employment or volunteer position for not more than 180 days. The bill requires such child care providers, prior to hiring or allowing to volunteer any individual without the completion of a background check, to obtain written certification that such individual satisfies all such requirements and is eligible to serve as an employee or volunteer. The bill also directs the Department of Education (the Department) to establish a two-year pilot program for the purpose of stabilizing and improving the quality of services provided in the Commonwealth's child care industry. The bill provides that under the pilot program a fixed sum of funds, based on the number of children served and certain other factors, will be disbursed to participating child care providers who agree to meet higher standards of quality and care, as determined by the Department. The bill requires the Department to report to the Governor and the General Assembly no later than December 1 of each year of the pilot program certain information set forth in the bill. The bill also requires the Department, in collaboration with the School Readiness Committee, to (a) identify and analyze financing strategies that can be used to support the systemic costs of high-quality child care services, ensure equitable compensation for child care staff, and better prepare children for kindergarten and (b) analyze the effectiveness of using a cost-of-quality modeling system for the child care subsidy program. The bill requires the Department to report its findings to the Governor and the General Assembly no later than December 1, 2021.
Patron: DeSteph
Line of Duty Act; requiring 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, the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in the Commonwealth or a contiguous state. The bill has a delayed effective date of July 1, 2022.