SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2022 SESSION
Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds
Clerk: Sean Sukol, Warda Asif
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 7, 2022
Time and Place: 8AM/SR A/Public can register to speak via Zoom on GA website:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Spruill
Larceny of a catalytic converter; penalty. Provides that any person who conspires, confederates, or combines with another to commit larceny or counsels, assists, aids, or abets another in the performance of a larceny of a catalytic converter from a motor vehicle where the value of such catalytic converter is less than $1,000 is guilty of a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-23 of the Code of Virginia, relating to larceny of a catalytic converter; penalty.22100674D
Patron: Obenshain
Abuse and neglect; financial exploitation; incapacitated adults; penalties. Changes the term "incapacitated adult" to "vulnerable adult" for the purposes of the crime of abuse and neglect of such adults and defines "vulnerable adult" as any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his daily needs or safeguard his person, property, or legal interests. The bill adds the definition of "advanced age" as it is used in the definition of "vulnerable adult" to mean 65 years of age or older. The bill also changes the term "person with mental incapacity" to the same meaning of "vulnerable adult" for the purposes of the crime of financial exploitation. This bill is a recommendation of the Virginia Criminal Justice Conference.
A BILL to amend and reenact §§ 18.2-60.5, 18.2-178.1, 18.2-369, 46.2-341.20:7, 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to abuse and neglect; financial exploitation; incapacitated adults; penalties.22100374D
Patron: Edwards
Juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but less than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency matters to circuit courts, and criminal procedure as currently applies to juveniles only. The bill differentiates between juveniles and underage persons in specific circumstances, including consent for medical or mental health records or procedures, mental health screenings in secure detention facilities, and provisions regarding release on bail or recognizance.
A BILL to amend and reenact §§ 16.1-228, 16.1-241, 16.1-242, 16.1-243, 16.1-247, 16.1-248.1 through 16.1-249, 16.1-250, 16.1-254, 16.1-255, 16.1-256, 16.1-259 through 16.1-263, 16.269.1 through 16.1-272, 16.1-273, 16.1-274.1, 16.1-274.2, 16.1-277.1, 16.1-278.7, 16.1-278.8, 16.1-278.8:01, 16.1-280, 16.1-284, 16.1-284.1, 16.1-285, 16.1-287, 16.1-291, 16.1-292, 16.1-293, 16.1-295, 16.1-296, 16.1-297, 16.1-299, 16.1-299.1, 16.1-302, 16.1-305, 16.1-306 through 16.1-309.1, 16.1-356 through 16.1-360, 66-3, 66-3.2, 66-10, 66-12, 66-13, 66-15, 66-18 through 66-21, 66-22.1, and 66-25.1 through 66-25.1:3 of the Code of Virginia, relating to juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age.22100118D
Patron: Edwards
Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, may be reviewable on appeal or the basis of any other post-conviction relief. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022.
A BILL to amend and reenact § 19.2-298.01 of the Code of Virginia, relating to discretionary sentencing guidelines; written explanation; appeal.22100360D
Patron: Mason
Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that when a defendant is found incompetent, the court may, after a preadmission screening report has been completed and the court has made a finding by clear and convincing evidence that a crime has occurred, without objection by counsel for the defendant as to the defendant's competency to stand trial and upon motion of the attorney for the Commonwealth or its own motion, permit the community services board or behavioral health authority to petition for involuntary admission of the defendant and enter an order of nolle prosequi or dismissal for the criminal charge. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant.
A BILL to amend and reenact §§ 19.2-169.1, 19.2-169.2, and 37.2-809 of the Code of Virginia, relating to disposition when defendant found incompetent; involuntary admission of the defendant.22103547D
Patron: Surovell
Sexual abuse of animals; penalty. Provides that any person who knowingly (i) engages in sexual contact with an animal; (ii) causes another person by force, threat, or intimidation to engage in sexual contact with an animal; (iii) advertises, solicits, offers, sells, purchases, or possesses an animal with the intent that the animal be subject to sexual contact; (iv) permits sexual contact with an animal to be conducted on any premises under his ownership or control; (v) produces, distributes, publishes, sells, transmits, finances, possesses with the intent to distribute, publish, sell, or transmit, or makes any attempt to produce, distribute, publish, sell, transmit, or finance an obscene item depicting a person engaged in sexual contact with an animal is guilty of a Class 6 felony. The bill also provides that any person convicted of sexual abuse of an animal may be prohibited from possessing, owning, or exercising control over any animal for a period of up to five years and may be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-361.01, relating to sexual abuse of animals; penalty.22100190D
Patron: Ebbin
Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm with a major component, as defined in the bill, that when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports for security screening does not generate an image that accurately depicts the shape of the component. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.
The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to knowingly possess, transport, or receive an unfinished frame or receiver unless the party possessing or receiving the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer and (ii) for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver unless the party selling, offering to sell, transferring, or purchasing the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer. The provisions related to the prohibition for possessing, transporting, or receiving an unfinished frame or receiver have a delayed effected date of January 1, 2023.
A BILL to amend and reenact § 18.2-308.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.5:2, relating to manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties.22103963D
Patron: Surovell
Support orders; retroactivity; arrearages; party's incarceration. Makes various changes to provisions of law related to child and spousal support orders, including (i) providing that in cases in which jurisdiction over child support or spousal support has been divested from the juvenile and domestic relations district court and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court and (ii) specifying that prejudgment interest on child support should be retroactive to the date of filing.
The bill provides that a party's incarceration alone for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party's incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based. The provisions of the bill related to imputation of income apply only to petitions for child support and petitions for a modification of a child support order commenced on or after July 1, 2022, and do not create a material change in circumstances for the purposes of modifying a child support order if a parent was incarcerated prior to July 1, 2022, and the incarcerated party cannot establish a material change in circumstances other than incarceration.
A BILL to amend and reenact §§ 16.1-244, 20-78.2, 20-103, 20-108.1, and 63.2-1918 of the Code of Virginia, relating to child support and spousal support; retroactivity; child support obligations; party's incarceration not deemed voluntary unemployment or underemployment.22101341D
Patron: Petersen
Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person serving a sentence for any conviction or a combination of any convictions who remains incarcerated in a state or local correctional facility and meets certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to petition for modification of sentence; eligibility; procedures.22104101D
Patron: DeSteph
Capital murder; death penalty for the willful, deliberate, and premeditated killing of a law-enforcement officer. Authorizes punishment by death for the willful, deliberate, and premeditated killing of a law-enforcement officer.
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, 18.2-30, 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, 19.2-157, 19.2-159, 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, 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, as it is currently effective, 19.2-400, 37.2-900, 53.1-204, 53.1-229, and 54.1-3307 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 8.01-654.3, 8.01-654.4, and 17.1-313.1, by adding in Article 3 of Chapter 1 of Title 18.2 a section numbered 18.2-17.1, by adding in Chapter 10 of Title 19.2 an article numbered 4.2, consisting of sections numbered 19.2-163.9 and 19.2-163.10, by adding in Chapter 15 of Title 19.2 an article numbered 4.1:1, consisting of sections numbered 19.2-264.5:1 through 19.2-264.5:11, 53.1-230.1, and by adding in Title 53.1 a chapter numbered 13.1, consisting of sections numbered 53.1-236.1 through 53.1-236.6, relating to capital murder; death penalty.22101324D
Patron: Morrissey
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.
The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute.
The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a countable dosage unit. The bill contains technical amendments.
A BILL to amend and reenact §§ 16.1-278.9, 18.2-250, 18.2-251, 18.2-257, 18.2-477.2, 19.2-188.1, 19.2-392.02, 37.2-314, 37.2-416, 37.2-506, 53.1-203, 54.1-3401, 63.2-901.1, 63.2-1721, 63.2-1722, and 63.2-1726 of the Code of Virginia, relating to possession of controlled substances; national criminal background checks; penalties.22101679D
Patron: Boysko
Unlawful hazing; penalty. Amends the definition of hazing to include the reckless or intentional act of causing another person to suffer severe emotional distress through outrageous or intolerable conduct when the severe emotional distress was caused by the outrageous or intolerable conduct. The bill also makes the crime of hazing a Class 5 felony if such hazing results in death or serious bodily injury to any person. The crime of hazing that does not result in death or serious bodily injury remains a Class 1 misdemeanor. The bill provides immunity for arrest and prosecution for hazing if a person in good faith seeks or obtains emergency medical attention for a person who has received a bodily injury by hazing or renders emergency care or assistance, including cardiopulmonary resuscitation (CPR), to a person who has received a bodily injury by hazing while another person seeks or obtains emergency medical attention for such person. The bill also creates a civil penalty for certain organizations if such organization had specific credible knowledge that its student members were participating, aiding, or assisting in any act of hazing and did not attempt to intervene to stop the hazing or report it to the appropriate local authorities.
A BILL to amend and reenact §§ 15.2-1627 and 18.2-56 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-56.01, relating to unlawful hazing; penalty.22103985D
Patron: McClellan
Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused, (ii) the information provided to counsel for the accused, (iii) a requirement that counsel for the accused be provided with adequate time to confer with the accused prior to any bail hearing, and (iv) the compensation of counsel for the accused. Effective in due course, the bill provides that the chief judge in each circuit shall create a plan to be completed by October 1, 2022, that establishes the means by which the jurisdiction will meet these requirements. The remainder of the bill has a delayed effective date of January 1, 2023.
A BILL to amend and reenact § 19.2-158 of the Code of Virginia, relating to court appearance of a person not free on bail.22101039D
Patron: McClellan
Child abuse and neglect; limitations period on sexual abuse of a minor claims; background check and training requirements for youth sports coaches and staff. Eliminates the civil statute of limitations period for injury resulting from sexual abuse occurring during the infancy of the abused person and allows persons who have previously been time-barred from filing such an action due to the expiration of the limitations period in effect prior to July 1, 2022, to file such an action. The bill requires youth sports leagues to (i) require all coaches, staff members, employees, and other volunteers who will be alone with, in control of, or supervising children to complete a fingerprint-based background check; (ii) provide to all coaches, staff members, employees, and other volunteers who will be alone with, in control of, or supervising children and the parent of any child participating in the sports league written notice of the duty of all coaches, directors, and persons 18 years of age or older employed by or volunteering with the sports league to report suspected child abuse or neglect, information regarding how to report suspected child abuse or neglect, an explanation of the penalties that may be imposed for failure to file a required report, contact information for the local department of social services, and the telephone number for the Department of Social Services' toll-free child abuse and neglect hotline; and (iii) require all paid coaches, staff members, and employees who will be alone with, in control of, or supervising children to complete no less than four hours of training annually regarding child abuse prevention and response and require all volunteers who will be alone with, in control of, or supervising children to complete no less than two hours of training annually regarding child abuse prevention and response. The bill directs the Board of Education to promulgate regulations to implement the provisions of the bill and to develop and provide to sports leagues resources regarding child abuse prevention and response training opportunities.
A BILL to amend and reenact §§ 8.01-243, 19.2-389, 22.1-289.030, and 22.1-289.035 of the Code of Virginia, relating to child abuse and neglect; limitations period on sexual abuse of a minor claims; background check and training requirements for youth sports coaches and staff.22104008D
Patron: McClellan
Unlawful dissemination of sexually explicit visual material to another; penalty. Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second offense or subsequent offense.
A BILL to amend and reenact § 15.2-1627 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-386.3, relating to unlawful dissemination of sexually explicit visual material to another; penalty.22102813D
Patron: Lucas
Modification of sentence for marijuana related offenses. Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, may receive an automatic hearing to consider modification of such person's sentence. The bill also allows persons convicted of any felony offense committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, and whose sentence may have been enhanced because of a previous felony marijuana offense or without the involvement of marijuana such felony offense conviction or felony sentence enhancement would not have been possible, as the involvement of marijuana was necessary to satisfy the elements of the charged offense or the sentence enhancement, to petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2024. The provisions of this bill sunset on July 1, 2025.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to modification of sentence for marijuana-related offenses.22104150D
Patron: Lucas
Sealing of offenses resulting in a deferred and dismissed disposition or conviction. Provides that a person shall not pay any fees or costs for filing a sealing criminal records petition. Under current law, a person is required to file an indigence petition for any fees or costs to be waived. The bill also eliminates the lifetime cap on the number of sealing petitions that may be filed. The bill reduces from seven years to three years for a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense to be sealed and the filing of the sealing petition during which the petitioner must not have been convicted of violating any law of the Commonwealth. The bill also adds convictions for (i) failure to pay child support, (ii) driving without a license, (iii) driving with a suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automatic sealing. The bill also specifies that the sealing of records related to a conviction includes sealing any criminal history record information and court records related to any violation of the terms and conditions of a suspended sentence or probation for such conviction.
A BILL to amend and reenact §§ 19.2-392.6, as it shall become effective, and 19.2-392.12, as it shall become effective, of the Code of Virginia, relating to sealing of offenses resulting in a deferred and dismissed disposition or conviction.22104109D
Patron: Stanley
Limitation on recovery in certain medical malpractice actions. Provides that the limits on recovery in medical malpractice cases shall not apply when the plaintiff has sustained certain, catastrophic injuries.
A BILL to amend and reenact § 8.01-581.15 of the Code of Virginia, relating to limitation on recovery in certain medical malpractice actions.22104321D
Patron: Stanley
Civil actions; health care bills and records. Defines the term "bill" for the purposes of evidence of medical services provided in certain civil actions as a summary of charges, an invoice, or any other form prepared by the health care provider or its third-party bill administrator identifying the costs of health care services provided. The bill also clarifies the procedures for introducing evidence of medical reports, statements, or records of a health care provider by affidavit in general district court.
A BILL to amend and reenact §§ 8.01-413.01 and 16.1-88.2 of the Code of Virginia, relating to civil actions; health care bills and records.22103315D
Patron: Ebbin
Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 6 felony for any person, firm, association, or corporation to sell, give, or distribute any pistol, shotgun, rifle, machine gun, or other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner.
A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving etc., or possessing firearm with removed, altered, etc., serial number; penalty.22104144D
Patron: McClellan
Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time.
The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known.
A BILL to amend and reenact §§ 19.2-11.8 and 19.2-11.11 of the Code of Virginia, relating to physical evidence recovery kits; victim's right to notification; storage.22104324D
Patron: Petersen
Minor victims of sex trafficking; services. Provides that a minor engaged in prostitution or keeping, residing in, or frequenting a bawdy place shall not be proceeded upon as delinquent and shall be referred to the local department of social services for an assessment and services.
A BILL to amend and reenact §§ 18.2-346 and 18.2-347 of the Code of Virginia, relating to minor victims of sex trafficking; services.22104186D
Patron: Petersen
Reckless driving; involuntary manslaughter. Increases the punishment for every person convicted of reckless driving who, when he committed the offense, caused the death of another as the sole and proximate result of his reckless driving. The bill states that such person is guilty of involuntary manslaughter, punishable as a Class 5 felony. Under current law, the punishment is a Class 6 felony.
A BILL to amend and reenact § 46.2-868 of the Code of Virginia, relating to reckless driving; involuntary manslaughter.22104189D
Patron: Mason
Abuse and neglect; financial exploitation; incapacitated adults; penalties. Changes the term "incapacitated adult" to "vulnerable adult" for the purposes of the crime of abuse and neglect of such adults and defines "vulnerable adult" as any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his daily needs or safeguard his person, property, or legal interests. The bill adds the definition of "advanced age" as it is used in the definition of "vulnerable adult" to mean 65 years of age or older. The bill also changes the term "person with mental incapacity" to the same meaning of "vulnerable adult" for the purposes of the crime of financial exploitation. This bill is a recommendation of the Virginia Criminal Justice Conference.
A BILL to amend and reenact §§ 18.2-60.5, 18.2-178.1, 18.2-369, 46.2-341.20:7, 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to abuse and neglect; financial exploitation; incapacitated adults; penalties.22104033D
Patron: Deeds
Emergency custody order; duration. Provides that a law enforcement officer may transfer custody of a person who is the subject of an emergency custody order to a facility or location that has been authorized by the Department to accept custody of a person who is the subject of an emergency custody order upon a finding by the Department that the facility or location is capable of providing the level of security necessary to protect such person and others from harm and that in cases in which custody of a person who is the subject of an emergency custody order has been transferred to a facility licensed to provide up to 23 hours of crisis stabilization services, the emergency custody order shall be valid for a period not to exceed 23 hours from the time of execution. Currently, all emergency custody orders are valid for a period of up to 8 hours.
A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to emergency custody order; duration.22104395D
Patron: Ruff
Damage to motor vehicles; catalytic converter; penalties. Makes it a Class 6 felony for a person to commit larceny of a catalytic converter from a motor vehicle, regardless of the converter's value, and provides that any person found in possession of a catalytic converter that has been detached from a motor vehicle shall be presumed to have committed larceny of the catalytic converter unless such person (i) is an authorized scrap seller or (ii) has in his possession documentation establishing that such person lawfully possesses the catalytic converter. The bill also makes it a Class 6 felony for a person to willfully break, injure, tamper with, or remove any part or parts of any vehicle, aircraft, boat, or vessel for the purpose of injuring, defacing, or destroying said vehicle, aircraft, boat, or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner, or to in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat, or vessel, when such violation causes damage to such vehicle, aircraft, boat, or vessel of $1,000 or more. Current law makes such violation a Class 1 misdemeanor with no limit on the amount of damage. Under the bill, the penalty for damage of less than $1,000 remains a Class 1 misdemeanor. For the purposes of determining whether there is damage of $1,000 or more, the bill provides that the cost of any replacement part or parts of any vehicle, aircraft, boat, or vessel and any additional cost necessary to install such replacement part or parts shall be included in the cost of the damage.
The bill also requires a scrap metal purchaser, when purchasing proprietary articles from a person who is not an authorized scrap seller, to (a) make copies of the documentation received from the seller establishing the seller lawfully possesses the proprietary articles and keep such copies with the permanent ledger maintained at the scrap metal purchaser's place of business and (b) after purchasing a proprietary article from a person, submit a report to the local sheriff's department or the chief of police within five business days describing the proprietary article and including a copy of the seller's identifying information and documentation that the seller lawfully possessed such article. The bill also requires the scrap metal purchaser to hold such proprietary article for not less than 15 days following submission of such report.
A BILL to amend and reenact §§ 18.2-146 and 59.1-136.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-97.2, relating to damage to motor vehicles; catalytic converter; penalties.22104804D
Patron: Surovell
Expungement of offenses civil penalty. Provides for the automatic sealing of misdemeanor marijuana offenses and the petition-based sealing for certain felony marijuana offenses. The bill requires a business screening service, defined in the bill, to destroy all expunged records, as defined in the bill, and to follow reasonable procedures to ensure that it does not maintain or sell expunged records. The bill also provides that any petition for expungement shall be kept under seal and that an indigent person may file a petition for expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing Fee Fund. The bill has staggered delayed effective dates in order to develop systems for implementing the sealing provisions of the bill.
A BILL to amend and reenact §§ 9.1-128, as it shall become effective, 17.1-205.1, 19.2-392.2, 19.2-392.6, as it shall become effective, 19.2-392.12, as it shall become effective, and 19.2-392.16, as it shall become effective, of the Code of Virginia and to repeal §§ 19.2-389.3, 19.2-392.2:1, and 19.2-392.2:2 of the Code of Virginia, relating to expungement of offenses; civil penalty.22104596D
Patron: Surovell
Parole; exception to the limitation on the application of parole statutes; felony marijuana convictions. Provides that a person is eligible to be considered for parole if such person was convicted of certain felony marijuana offenses when such offense was committed on or after January 1, 1995, and the person was committed by a court to the Department of Corrections and remained incarcerated for such offense on July 1, 2022.
A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes; felony marijuana convictions.22103531D
Patron: Edwards
Feasibility, expense, and implementation of statewide coverage of public defender offices; study. Directs the Virginia Indigent Defense Commission (the Commission) to establish a work group to study the feasibility, cost, and implementation of statewide coverage of public defender offices. The bill directs the Commission to report its findings and recommendations to the chairmen of the Virginia State Crime Commission, the House Committee for Courts of Justice, the Senate Committee on the Judiciary, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations by November 1, 2022.
A BILL to study the feasibility, expense, and implementation of statewide coverage of public defender offices.22100390D