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2022 SESSION

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Senate Committee on Judiciary

Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds

Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 14, 2022
Time and Place: 8:30 AM /SR A / Public Register for Zoom via the GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 206

Patron: Petersen

Historic preservation. Provides that the filing of a historic designation application shall stay a locality from issuing any permit to raze or demolish a proposed historic landmark, building, or structure until 30 days after the rendering of the final decision of the governing body of the locality. The bill also specifies that the affected property owner, the applicant, or any resident of the locality who provided public input on the locality's historic district plan may appeal to the circuit court for review of any final decision of the governing body pursuant to such application.

A BILL to amend and reenact § 15.2-2306 of the Code of Virginia, relating to historic preservation.

22100941D

S.B. 229

Patron: Obenshain

Deferred disposition; persons with autism or intellectual disabilities; offenses against minors. Provides that certain felony offenses, including child pornography, obscenity, electronic solicitation of a minor, indecent liberties with children, and displaying child pornography or grooming materials to a child, are ineligible for deferred and dismissed disposition where the defendant has been diagnosed with autism or an intellectual disability.

A BILL to amend and reenact § 19.2-303.6 of the Code of Virginia, relating to deferred disposition; persons with autism or intellectual disabilities; offenses against minors.

22103000D

S.B. 295

Patron: Deeds

Responsibilities of local pretrial services officers; behavioral health dockets. Provides that a local pretrial services officer may facilitate the placement of a defendant in a behavioral health docket as a treatment service.

A BILL to amend and reenact § 19.2-152.4:3 of the Code of Virginia, relating to duties and responsibilities of local pretrial services officers; behavioral health dockets.

22100540D

S.B. 296

Patron: Deeds

Sentencing proceeding by jury after conviction; relevant mitigating evidence. Provides that relevant evidence that may be admissible by the defendant during the sentencing phase by a jury may include the circumstances surrounding the offense, the history and background of the defendant, and any other facts in mitigation of the offense. The bill also provides various examples of facts in mitigation of the offense.

A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by jury after conviction; relevant mitigating evidence.

22102451D

S.B. 302

Patron: Deeds

Natural guardianship of permanently incapacitated persons. Provides that the parents are the natural guardians of an incapacitated person who was deemed permanently incapacitated by a licensed physician prior to his eighteenth birthday and that in such cases no petition for the appointment of a guardian or conservator need be filed.

A BILL to amend and reenact § 64.2-2001 of the Code of Virginia, relating to natural guardianship of permanently incapacitated persons.

22100252D

S.B. 474

Patron: McClellan

Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant in civil actions to post an appeal bond in any civil case appealed from the general district court. The bill also removes provisions of the Code allowing a plaintiff in an unlawful detainer case that has been appealed to the circuit court to request the judge to order a writ of eviction immediately upon entry of judgment for possession.

A BILL to amend and reenact §§ 8.01-129 and 16.1-107 of the Code of Virginia, relating to requirement for appeals bond; indigent parties; appeal of unlawful detainer.

22102455D

S.B. 554

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.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 4 of Title 64.2 a section numbered 64.2-454.1, relating to will contest; presumption of undue influence.

22101897D

S.B. 669

Patron: Surovell


Alleged wrongdoing of law-enforcement employees. Requires that all law-enforcement agencies that employ at least two law-enforcement officers, reduced from at least 10 under current law, ensure that, in the case of all written citizen complaints or complaints submitted in an electronic format, the agency (i) allows for the submission of citizen complaints through the agency's website or other electronic format; (ii) provides a receipt or written acknowledgment confirming the submission of the complaint to the individual filing such complaint; (iii) provides a written response to any individual who has filed a complaint within 30 days of the filing of such complaint indicating the status of such complaint; (iv) provides a written response to any individual who has filed a complaint within 60 days of the filing of such complaint indicating the final disposition of such complaint and if any action, including disciplinary action, was taken as a result of such complaint or, if after 60 days a resolution of the complaint has not occurred, the law-enforcement agency provides a written response indicating the reason for the delay in reaching a final disposition and an anticipated date of completion; (v) for any complaint that is not resolved within 60 days, provides a written response to any individual who has filed a complaint upon the resolution of such complaint indicating the final disposition of such complaint and if any action, including disciplinary action, was taken as a result of such complaint; and (vi) provides notice to any individual who has filed a complaint if an investigation into a previously filed complaint has been reopened upon the submission of new materials after a final resolution for the previously filed complaint has been reached. The bill also provides that all complaints, investigative materials associated with such complaints, and any dispositional information may be disclosed to the attorney for the Commonwealth when such materials are requested by the attorney for the Commonwealth and relate to a law-enforcement officer's credibility, integrity, or honesty or may constitute exculpatory or impeachment evidence.

A BILL to amend and reenact § 9.1-600 of the Code of Virginia, relating to alleged wrongdoing of law-enforcement employees.

22104590D

S.B. 715

Patron: Petersen

Injunctions; review by the Supreme Court of Virginia. Restores the Supreme Court of Virginia's jurisdiction over appeals of injunctions. Under current law, injunctions must first be appealed to the Court of Appeals.

A BILL to amend and reenact § 8.01-626 of the Code of Virginia, relating to injunctions; review by the Supreme Court.

22104872D

S.B. 746

Patron: Surovell

Prohibition of deceptive tactics during the custodial interrogation of a minor. Provides that any confession of a minor, made as a result of a custodial interrogation conducted at a place of detention on or after July 1, 2022, shall be presumed to be inadmissible as evidence against such minor making such confession in any adjudication of delinquency or criminal proceeding for an act that if committed by an adult would be a criminal offense if, during the custodial interrogation, a law-enforcement officer knowingly engages in deception, as defined in the bill. The bill provides that the presumption of inadmissibility for such confession of a minor may be overcome if the confession was voluntarily given.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-268.4, relating to the prohibition of deceptive tactics during the custodial interrogation of a minor.

22100071D