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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 SPECIAL SESSION I
Chair: John S. Edwards
Clerk: John Garrett, David Hessler
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 10, 2021
Time and Place: 30 mins after Senate Adj./SR W/Public can register at GA website:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Krizek
Garnishment of wages; protected portion of disposable earnings. Provides that the Virginia minimum hourly wage shall be used to calculate the amount of a person's aggregate disposable earnings protected from garnishment if it is greater than the federal minimum hourly wage.
A BILL to amend and reenact § 34-29 of the Code of Virginia, relating to garnishment of wages; protected portion of disposable earnings.21100334D
Patron: Bulova
Arrest and prosecution when experiencing or reporting overdoses. Prohibits the arrest or prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia if (i) such individual, in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of the individual's rendering emergency care or assistance.
Current law prohibits arrest or prosecution for such offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him.
A BILL to amend and reenact § 18.2-251.03 of the Code of Virginia, relating to arrest and prosecution when experiencing or reporting overdoses.21102028D
Patron: Sullivan
Electronic execution of estate planning documents; Uniform Electronic Wills Act. Permits trusts, advance medical directives, and refusals to make anatomical gifts to be signed and notarized, as appropriate, by electronic means. The bill also codifies the Uniform Electronic Wills Act, which permits a testator to execute a will by electronic means. The Act requires that the will be signed by two witnesses who are in the physical or electronic presence of the testator and acknowledged by the testator and attesting witnesses in the physical or electronic presence of a notary public.
A BILL to amend and reenact §§ 32.1-291.7, 54.1-2982, 54.1-2983, 54.1-2984, 59.1-481, 64.2-100, 64.2-403, 64.2-404, 64.2-407, 64.2-450, and 64.2-701 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 64.2 an article numbered 7, consisting of sections numbered 64.2-459 through 64.2-468, relating to electronic execution of estate planning documents; Uniform Electronic Wills Act.21103672D
Patron: Jenkins
Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. The bill requires the application for a warrant to the magistrate to be filed within 10 days of the issuance of the written notification from the intake officer to the complainant of the refusal to authorize a petition. The bill also provides that such written notification shall indicate that the intake officer made a finding that no probable cause exists and provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The bill requires the complainant to provide the magistrate with a copy of the written notification upon application to the magistrate. The bill also specifies that if an intake officer finds (i) probable cause and (ii) that the matter is appropriate for diversion, this decision is final, and the complainant shall not have the right to appeal the decision to a magistrate.
A BILL to amend and reenact §§ 16.1-256 and 16.1-260 of the Code of Virginia, relating to juvenile intake and petition; appeal to a magistrate on a finding of no probable cause.21101948D
Patron: Hudson
Fines and costs; accrual of interest; deferral or installment payment agreements. Provides that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration. Current law prohibits interest from accruing on such fines or costs for a period of 40 days from the date of the final judgement imposing such fine or costs or during any period the defendant is incarcerated.
The bill also removes the requirement that a defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to be eligible to enter into a deferred or installment payment agreement and allows any defendant to enter such payment agreements. The bill provides that no fee shall be assessed in connection with a defendant's participation in a deferred or installment payment agreement and removes the requirement that a defendant make a down payment upon entering a deferred, modified deferred, or installment payment agreement.
A BILL to amend and reenact §§ 19.2-353.5 through 19.2-355 of the Code of Virginia, relating to fines and costs; accrual of interest; deferral or installment payment agreements.21102438D
Patron: Jenkins
Summons for unlawful detainer; notice; adverse employment actions prohibited. Requires any summons for unlawful detainer to include a notice to the tenant that it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him for appearing at an initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.
A BILL to amend and reenact § 8.01-126 of the Code of Virginia, relating to summons for unlawful detainer; notice; adverse employment actions prohibited.21102187D
Patron: Jones
Juveniles; release and review hearing for serious offender; plea agreement. Clarifies that the Department of Juvenile Justice (the Department) may petition the court that committed a juvenile for a hearing for an earlier release of a juvenile when good cause exists for an earlier release as permitted under current law and shall petition the committing court for a determination as to the continued commitment of each juvenile committed as a serious offender at least 60 days prior to the second anniversary of the juvenile's date of commitment and at least 60 days prior to each annual anniversary thereafter as required under current law, notwithstanding the terms of any plea agreement. Similarly, at the conclusion of such hearing, the bill provides that notwithstanding the terms of any plea agreement, the court shall order any of the dispositions permitted under current law such as continued commitment to the Department or release of the juvenile under terms and conditions after considering the statutory factors.
A BILL to amend and reenact §§ 16.1-285.1 and 16.1-285.2 of the Code of Virginia, relating to juveniles; release and review hearing for serious offender; plea agreement.21101460D
Patron: Samirah
Child support; health care coverage. Provides that in any case in which a court enters an order directing the payment of spousal support in cases in which there are minor children that the parties have a mutual duty to support or any payment of child support or when the Department of Social Services issues an order directing the payment of child support, and when it appears that the gross income of a custodial parent of a dependent child is no more than 200 percent of the federal poverty level, the court or the Department of Social Services shall notify the parties of the availability of medical assistance through the Family Access to Medical Insurance Security plan or other government sponsored coverage through the Department of Medical Assistance Services.
A BILL to amend and reenact §§ 20-60.3, 20-108.2, and 63.2-1903 of the Code of Virginia, relating to child support; health care coverage.21103825D
Patron: Mugler
Deed from the Commonwealth to the United States; Chamberlin Hotel at Fort Monroe. Provides that the property upon which a hotel known as the Chamberlin Hotel at Fort Monroe, Virginia is located and that is leased to an operator for use as a senior living facility with an assisted living component shall revert to the Commonwealth subject to such lease or with such lease being assigned or otherwise conveyed to the Commonwealth by the United States. The bill also repeals provisions of the Acts of Assembly suspending the provision of the deed from the Commonwealth to the United States by which such site would revert and revest in the Commonwealth
A BILL to revert certain property upon which the Chamberlin Hotel at Fort Monroe is located to the Commonwealth and to repeal § 1 of Chapter 809 of the Acts of Assembly of 1998, as amended by Chapter 713 of the Acts of Assembly of 2004.21102956D
Patron: Campbell, J.L.
Violations of protective orders; preliminary child protective order. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child's life or health or result in bodily injury to the child, it is punishable as a Class 1 misdemeanor. Under current law, violations of preliminary child protective orders constitute contempt of court and are also subject to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.
A BILL to amend and reenact §§ 16.1-253 and 16.1-253.2 of the Code of Virginia, relating to violations of protective orders; preliminary child protective order.21100411D
Patron: Bourne
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (b) an intellectual or developmental disability. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.
A BILL to amend and reenact §§ 19.2-120, 19.2-163.03, and 19.2-299 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 16 of Title 19.2 a section numbered 19.2-271.6, relating to criminal proceedings; consideration of mental condition and intellectual and developmental disabilities.21103892D
Patron: Convirs-Fowler
Wrongful death statute of limitations; criminal investigations by law enforcement. Provides that, in a civil action for the wrongful death of an injured person, such an action may be brought by a personal representative of a decedent within two years after the death of the person or, if applicable, within two years of the conclusion of a criminal investigation by law enforcement of such death, whichever is longer. Under current law, a wrongful death action must be brought within two years of the death of the decedent. The bill contains an emergency clause.
A BILL to amend and reenact § 8.01-244 of the Code of Virginia, relating to wrongful death statute of limitations; criminal investigations by law enforcement; emergency.21103581D
EMERGENCY
Patron: Herring
Pretrial data collection. Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. The bill provides that any personal or case identifying information within the data shall not be subject to the Virginia Freedom of Information Act and shall not be made publicly available. The bill provides that the Virginia Criminal Sentencing Commission shall not be required to submit such annual report prior to December 1, 2022. Additionally, the bill requires the Virginia State Crime Commission to provide the Virginia Criminal Sentencing Commission with the final dataset of all adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment in October 2017 and that the Virginia Criminal Sentencing Commission make such statewide and locality-level data publicly available on a website established and maintained by the Virginia Criminal Sentencing Commission as (i) an electronic dataset, excluding any personal and case identifying information, that may be downloaded by members of the public by October 1, 2021, and (ii) an electronic interactive data dashboard tool that displays aggregated data based on characteristics or indicators selected by the user, by December 1, 2022. As introduced, this bill was a recommendation of the Virginia State Crime Commission. The bill incorporates HB 1945.
A BILL to amend and reenact § 2.2-3802 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 19.2 a section numbered 19.2-134.1, relating to pretrial data collection.21103550D
Patron: Herring
Automatic expungement of criminal records; penalties. Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. As introduced, this bill was a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 17.1-293.1, 17.1-323, 17.1-413, 17.1-502, 19.2-72, 19.2-74, 19.2-310.7, 19.2-340, 19.2-389.3, and 19.2-390 of the Code of Virginia and to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 23.2, consisting of sections numbered 19.2-392.5 through 19.2-392.16, relating to automatic expungement of criminal records; penalties.21103933D
Patron: Lopez
Sale or transfer of firearms; criminal history record information check delay. Increases from three business days to five business days the time provided for the Department of State Police to complete a background check before a firearm may be transferred. If a dealer who has otherwise fulfilled all requirements is told by the State Police that a response will not be available by the end of the dealer's fifth business day, the dealer may complete the sale or transfer without being deemed in violation.
A BILL to amend and reenact § 18.2-308.2:2, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to sale and transfer of firearms; criminal history record information checks.21102376D
Patron: Guzman
Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related, product-related, or circumstance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.
A BILL to amend and reenact § 8.01-249 of the Code of Virginia, relating to accrual of cause of action; diagnosis of latent injury or disease.21102437D
Patron: Scott
Illegal gambling; skill games; civil penalty; enforcement by localities and Attorney General. Provides that any person who conducts, finances, manages, supervises, directs, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of $25,000. The bill provides that the Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to enjoin the operation of a gambling device in violation of this section and may request attachment against all such devices and any moneys within such devices. The bill provides that any civil penalties brought in the name of the Commonwealth shall be paid into the Literary Fund and that any civil penalties brought in the name of a locality shall be paid into the general fund of the locality.
A BILL to amend and reenact § 18.2-325, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-331.1, relating to illegal gambling; skills games; civil penalty; enforcement by localities and Attorney General.21101270D
Patron: Mundon King
Solicitation of prostitution; reorganization. Reorganizes the statute penalizing prostitution into two distinct sections. The penalties for all offenses remain unchanged. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 8.01-42.4, 9.1-116.5, 9.1-902, 16.1-69.48:6, 16.1-69.55, 17.1-275.13, 17.1-805, 18.2-46.1, 18.2-346, 18.2-346.1, 18.2-350, 18.2-357.1, 18.2-513, 19.2-10.2, 19.2-215.1, 19.2-268.3, 19.2-386.16, 19.2-386.35, 19.2-392.02, as it is currently effective and as it shall become effective, 32.1-58, 37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-346.01, relating to prostitution; solicitation.21101895D
Patron: Leftwich
Communicating threats of death or bodily injury to a person with intent to intimidate; penalties. Provides that any person 18 years of age or older who communicates a threat in writing, including an electronically transmitted communication producing a visual or electronic message, to another to kill or to do serious bodily injury to any other person and makes such threat with the intent to (i) intimidate a civilian population at large; (ii) influence the conduct or activities of a government, including the government of the United States, a state, or a locality, through intimidation; or (iii) compel the emergency evacuation, or avoidance, of any place of assembly, any building or other structure, or any means of mass transportation is guilty of a Class 5 felony. The bill provides that any person younger than 18 years of age who commits such offense is guilty of a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-60 of the Code of Virginia, relating to communicating threats of death or bodily injury to a person with intent to intimidate; penalty.21104392D
Patron: Bell
Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential.
A BILL to amend and reenact §§ 19.2-305.1, 19.2-305.2, 19.2-349, and 19.2-354 of the Code of Virginia, relating to orders of restitution; enforcement.21101548D
Patron: Wampler
Board of Wildlife Resources; quitclaim and conveyance of easement; Tazewell County. Provides that the Board of Wildlife Resources is authorized to quitclaim and release any interest it may hold in the unimproved parcel of land containing 13.60 acres, more or less, of land that is located in Tazewell County, as the result of a boundary correction, and to convey an easement over certain lands.
A BILL to authorize a quitclaim and release of interest and the conveyance of an easement by the Board of Wildlife Resources in Tazewell County.21102970D
Patron: Simonds
Substantial Risk Order Registry; maintenance and access. Authorizes the Department of State Police to release Substantial Risk Order Registry information upon request to institutions of higher education and other research organizations or institutions for the purpose of monitoring and evaluating the impact of substantial risk orders on public safety. The bill requires the Department of State Police to remove the names and other personal identifying information from the data before it releases such information.
A BILL to amend and reenact § 19.2-387.3 of the Code of Virginia, relating to Substantial Risk Order Registry; maintenance and access.21101516D
Patron: Mullin
Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779.
A BILL to amend and reenact §§ 2.2-3705.7, 8.01-195.10, 8.01-654, 17.1-310, 17.1-406, 18.2-8, 18.2-10, 18.2-18, 18.2-19, 18.2-22, 18.2-25, 18.2-26, 18.2-30, 18.2-31, 18.2-32, 18.2-251.01, 19.2-11.01, 19.2-71, 19.2-76.1, 19.2-100, 19.2-102, 19.2-120, 19.2-152.2, 19.2-157, 19.2-159, 19.2-163, 19.2-163.01, 19.2-163.4:1, 19.2-169.3, 19.2-175, 19.2-217.1, 19.2-247, 19.2-270.4:1, 19.2-295.3, as it is currently effective and as it shall become effective, 19.2-299, 19.2-299.1, 19.2-311, 19.2-319, 19.2-321.2, 19.2-327.1, 19.2-327.3, 19.2-327.11, 19.2-389.1, 19.2-389.3, 19.2-400, 53.1-204, 53.1-229, and 54.1-3307 of the Code of Virginia and to repeal §§ 8.01-654.1, 8.01-654.2, 17.1-313, and 18.2-17, Article 4.1 (§§ 19.2-163.7 and 19.2-163.8) of Chapter 10 of Title 19.2, Article 4.1 (§§ 19.2-264.2 through 19.2-264.5) of Chapter 15 of Title 19.2, § 53.1-230, and Chapter 13 (§§ 53.1-232 through 53.1-236) of Title 53.1 of the Code of Virginia, relating to abolition of the death penalty.21104346D
Patron: Plum
Punishment for conviction of second or subsequent misdemeanor larceny; repeal. Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. Under current law, when a person is convicted of a second larceny offense, he shall be confined in jail not less than 30 days nor more than 12 months, and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.
A BILL to repeal § 18.2-104 of the Code of Virginia, relating to punishment for conviction of second or subsequent misdemeanor larceny.21101450D
Patron: Runion
Concealed handgun permits; demonstration of competence; emergency. Provides that any applicant for a concealed handgun permit who completed an online course to demonstrate competence with a handgun and contacted the circuit court clerk's office prior to January 1, 2021, but was prohibited from appearing in person at a circuit court clerk's office because of COVID-19 restrictions is eligible to apply for such permit through April 30, 2021. The bill contains an emergency clause.
A BILL relating to concealed handgun permits; demonstration of competence; emergency.21104074D
EMERGENCY