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2024 SESSION

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Senate Committee on Courts of Justice

Chair: Scott A. Surovell

Clerk: Michael Jackson Ashleigh Hynst
Staff: Sabrina Miller-B Taylor Mey
Date of Meeting: January 15, 2024
Time and Place: 8 AM Senate Room A (305) / GAB 3rd Floor
Update: SB466, SB649 added to the docket

S.B. 7

Patron: Reeves

Hate crimes and discrimination; ethnic animosity; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of such individual's ethnic origin. The bill also adds victims who are intentionally selected because of their ethnic origin to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of ethnic origin.

A BILL to amend and reenact §§ 2.2-3900, 2.2-3902, 8.01-49.1, 18.2-57, and 18.2-121 of the Code of Virginia, relating to hate crimes and discrimination; ethnic animosity; penalties.

24100086D

S.B. 8

Patron: Reeves

Notary public or electronic notary public; application for recommission. Removes the requirement that a person applying for recommission as a notary public or electronic notary public include in his application an applicant oath, provided that such person is in good standing as a notary public or electronic notary public, and is not subject to any investigation or proceeding, or has never been removed from office. Under current law, persons applying for recommission are required to include such oath.

A BILL to amend and reenact § 47.1-5.1 of the Code of Virginia, relating to notary public or electronic notary public; application for recommission.

24100174D

S.B. 38

Patron: Peake

Admission to bail; rebuttable presumptions against bail. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill. The bill also requires the court to consider specified factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release.

A BILL to amend and reenact §§ 19.2-120 and 19.2-124 of the Code of Virginia, relating to admission to bail; rebuttable presumptions against bail.

24100898D

S.B. 52

Patron: McDougle

Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.

A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; certain drug offenses; penalty.

24101345D

S.B. 67

Patron: Peake

Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that a court may impose a sentence of a term of active incarceration upon a first or second technical violation of the terms and conditions of a suspended sentence or probation, and may impose a term of not more than 14 days of active incarceration for a first technical violation and a term of not more than 30 days of active incarceration for a second technical violation. Under current law, a court shall not impose a term of any active incarceration upon a first technical violation and may impose a term of not more than 14 days of active incarceration for a second technical violation.

A BILL to amend and reenact § 19.2-306.1 of the Code of Virginia, relating to limitation on sentence upon revocation of suspension of sentence; technical violations.

24100897D

S.B. 77

Patron: Peake

Punishment for conviction of fourth or subsequent misdemeanor larceny; penalty. Provides that any person convicted of a fourth or subsequent larceny offense, regardless of whether the prior convictions were misdemeanors or felonies, or any combination thereof, is guilty of a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-104.01, relating to punishment for conviction of fourth or subsequent misdemeanor larceny; penalty.

24100896D

S.B. 120

Patrons: Subramanyam, Bagby

Hate crimes and discrimination; ethnic animosity; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of such individual's ethnic origin. The bill also adds victims who are intentionally selected because of their ethnic origin to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of ethnic origin.

A BILL to amend and reenact §§ 2.2-3900, 2.2-3902, 8.01-49.1, 18.2-57, and 18.2-121 of the Code of Virginia, relating to hate crimes and discrimination; ethnic animosity; penalties.

24103033D

S.B. 123

Patron: VanValkenburg

Improvements, repairs, or maintenance of property; entering adjoining property; petition for entry. Allows an owner or lessee of real property who seeks to improve, repair, or maintain his property to petition the circuit court for a license to enter adjoining property for the purpose of performing the improvements, repairs, or maintenance when the property is so situated that it is impossible to perform the improvements, repairs, or maintenance without entering such adjoining property and permission to enter such adjoining property has been denied. The bill provides that such license shall be granted by the court in an appropriate case upon such terms as justice requires. No such entry shall be deemed a trespass, and the licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.

A BILL to amend the Code of Virginia by adding a section numbered 55.1-304.1, relating to improvements, repairs, or maintenance of property; entering adjoining property; petition for entry.

24102377D

S.B. 145

Patron: Head

Criminal Justice Services Board; special conservators of the peace and private security services business personnel; patrol rifle training. Requires the compulsory minimum, entry-level, and in-service training standards for armed special conservators of the peace established by the Criminal Justice Services Board to include patrol rifle classroom training. The bill also requires the regulations adopted by the Board establishing training standards for persons employed by private security services businesses to allow a special conservator of the peace who (i) has completed entry-level handgun training for special conservators of the peace, (ii) is employed by an institution of higher education that has a memorandum of understanding with the local law-enforcement agency, and (iii) has the approval of the attorney for the Commonwealth responsible for the jurisdiction where he is employed to complete the entry-level patrol rifle classroom training required as part of the firearm training for private security services business personnel who carry or have immediate access to a firearm while on duty regardless of whether such individual has successfully completed security officer handgun training.

A BILL to amend and reenact §§ 9.1-141 and 9.1-150.2 of the Code of Virginia, relating to Criminal Justice Services Board; special conservators of the peace and private security services business personnel; patrol rifle training.

24100483D

S.B. 169

Patron: Reeves

Virginia Rap Back Service; criminal history record monitoring. Changes the time frame for which a participating entity in the Virginia Rap Back Service is required to disenroll any individual who is deceased or no longer qualifies as an individual for the purposes of the Virginia Rap Back Service from within 30 days to within five business days. The bill also removes the provision stating that an individual who moves from one participating entity in the Virginia Rap Back Service to another need not be refingerprinted. The bill contains technical amendments.

A BILL to amend and reenact § 52-46 of the Code of Virginia, relating to Virginia Rap Back Service; criminal history record monitoring.

24102795D

S.B. 193

Patron: DeSteph

Fleeing from a law-enforcement officer; penalty. Removes the requirement that a law-enforcement officer have the immediate physical ability to place a person under arrest for the crime of fleeing from a law-enforcement officer.

A BILL to amend and reenact § 18.2-460 of the Code of Virginia, relating to fleeing from a law-enforcement officer; penalty.

24101616D

S.B. 197

Patron: Diggs

Attorney General; instituting or conducting criminal prosecutions for violations of criminal sexual assault and commercial sex trafficking committed against children. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of criminal sexual assault or commercial sex trafficking when such crimes are committed against children.

A BILL to amend and reenact § 2.2-511 of the Code of Virginia, relating to Attorney General; instituting or conducting criminal prosecutions for violations of criminal sexual assault and commercial sex trafficking committed against children.

24100715D

S.B. 201

Patron: Diggs

Alert for missing or endangered children; Virginia Critical Operation for a Disappeared Child Initiative (Codi) Alert Program. Creates a program for local, regional, or statewide notification of a missing or endangered child. The bill defines a missing or endangered child as a child (i) who is 17 years of age or younger or is currently enrolled in a secondary school in the Commonwealth, regardless of age; (ii) whose whereabouts are unknown; and (iii) whose disappearance is under suspicious circumstances or poses a credible threat as determined by law enforcement to the safety and health of the child and under such other circumstances as deemed appropriate by the Virginia State Police.

A BILL to amend the Code of Virginia by adding in Title 52 a chapter numbered 7.1:1, consisting of sections numbered 52-34.3:1, 52-34.3:2, and 52-34.3:3, relating to alert for missing or endangered children; Virginia Critical Operation for a Disappeared Child Initiative (Codi) Alert Program.

24101781D

S.B. 207

Patron: Diggs

Universal licensure for certain law-enforcement officers. Provides that any sworn federal, state, or local law-enforcement officer with at least three years of experience whose training qualifications meet or exceed current training standards established by the Board of Criminal Justice Services and who has not had a break in service of more than three years, and is leaving the transferring agency in good standing, shall be eligible for employment within the Commonwealth or its political subdivisions.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-116.01, relating to universal licensure for certain law-enforcement officers.

24103540D

S.B. 208

Patron: Diggs

Juveniles; confidentiality of Department records; law-enforcement access; victim notification. Provides access to confidential Department of Juvenile Justice records to (i) any full-time or part-time employee of the Department of State Police or of a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the enforcement of the penal, traffic, or motor vehicle laws of the Commonwealth having a need for juvenile offense history or identifying information of a juvenile and his family members, including juvenile names, parent or guardian names, addresses, dates of birth, photographs, and phone numbers, and (ii) with the exception of medical, psychiatric, and psychological records and reports, any victim, as defined in existing law, when release of the confidential information is only to notify such victim of a juvenile's release from the custody of a local or regional juvenile detention center, community group home, residential care facility, mental health facility, secure alternative placement, or commitment to the Department of Juvenile Justice for any offense such juvenile committed against such victim. This bill contains technical amendments.

A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to juveniles; confidentiality of Department records; law-enforcement access; victim notification.

24104036D

S.B. 211

Patron: Perry

Violation of protective orders; venue. Allows a person to be prosecuted for a violation of a protective order charge in the jurisdiction where the person at whom the violative conduct was directed resided at the time of such conduct.

A BILL to amend and reenact § 18.2-60.4 of the Code of Virginia, relating to violation of protective orders; venue.

24102702D

S.B. 223

Patron: McGuire

Unlawful picketing or parading to obstruct or influence justice; penalty. Provides that any person who, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing or intimidating in the discharge of his duty any judge, juror, witness, court officer, or court employee, pickets or parades in or near a residence occupied or used by such judge, juror, witness, court officer, or court employee is guilty of a Class 1 misdemeanor. The bill also provides that the provisions regarding the issuance and service of summons in place of a warrant do not apply to such violations.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 9 of Title 18.2 a section numbered 18.2-419.1, relating to unlawful picketing or parading to obstruct or influence justice; penalty.

24103172D

S.B. 236

Patron: Hashmi

Requests for reports of aggregated, nonconfidential case data; academic research. Allows a full-time faculty member of a four-year public institution of higher education in the Commonwealth to request from the Office of the Executive Secretary of the Supreme Court of Virginia a report for aggregated case data for the purposes of academic research that includes, in addition to the information already authorized by law, (i) nonconfidential data from the case information systems that are not viewable through the online case information system; (ii) partial dates of birth; and (iii) partial social security numbers.

A BILL to amend and reenact § 16.1-69.54:1 of the Code of Virginia, relating to requests for reports of aggregated, nonconfidential case data; academic research.

24104133D

S.B. 254

Patron: Surovell

Optometrists; expert witness testimony. Allows an optometrist to testify as an expert witness in a court of law on certain matters within the scope of his practice.

A BILL to amend and reenact § 8.01-401.2 of the Code of Virginia, relating to optometrists; expert witness testimony.

24100278D

S.B. 265

Patron: DeSteph

Law-enforcement officers; protected personal information. Provides that any full-time or part-time law-enforcement officer who provides information relative to a criminal investigation or in proceedings preliminary to a criminal prosecution may refuse, unless ordered by a court, to disclose his residence address, home telephone number, or any personal information concerning his family. The bill also provides that any full-time or part-time law-enforcement officer who testifies as a witness in a criminal case may refuse to disclose personal information concerning his family unless it is determined by the court that such evidence is relevant to the case.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 16 of Title 19.2 a section numbered 19.2-271.7, relating to law-enforcement officers; protected personal information.

24101689D

S.B. 332

Patron: Salim

Misdemeanor; maximum term of confinement. Reduces from 12 months to 364 days the maximum term of confinement in jail for a Class 1 misdemeanor. The bill contains technical amendments.

A BILL to amend and reenact §§ 18.2-11, 22.1-279.6, 33.2-802, 36-85.12, 62.1-44.32, as it is currently effective and as it shall become effective, and 62.1-44.34:20 of the Code of Virginia, relating to misdemeanor; maximum term of confinement.

24101161D

S.B. 362

Patron: Ebbin

First-time drug offenders. Provides that any person who has not previously been convicted of any felony drug offense under relevant law or under any substantially similar statute of the United States or of any state may be eligible for first-time drug offender disposition. Under current law, such disposition is limited to any person who has not been convicted of any criminal drug offense.

A BILL to amend and reenact § 18.2-251 of the Code of Virginia, relating to first-time drug offenders.

24100119D

S.B. 369

Patron: Ebbin

Maiming, killing, or poisoning fowl or companion animals; penalty. Makes it a Class 5 felony for any person to maliciously shoot, stab, or wound, or otherwise cause bodily injury to, or administer poison to or expose poison with intent that it be taken by, any fowl or companion animal of another, or do any of the foregoing acts to any fowl or companion animal of his own with intent to defraud any insurer of such fowl or animal. Under current law, such offenses are punishable as a Class 1 misdemeanor for the first offense and a Class 6 felony for a second or subsequent offense provided certain conditions are met.

A BILL to amend and reenact § 18.2-144 of the Code of Virginia, relating to maiming, killing, or poisoning fowl or companion animals; penalty.

24101066D

S.B. 466

Patron: Obenshain

Line of Duty Act; campus police officers; private police officers. Provides employees of contributing nonprofit private institutions of higher education, defined in the bill, and contributing private police departments, defined in the bill, with the benefits granted to employees of participating employers under the Line of Duty Act. The bill clarifies that the Line of Duty Act shall not apply to any private institution of higher education or private police department that is not a contributing nonprofit private institution of higher education or contributing private police department, respectively.

A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 9.1-400, 9.1-400.1, 9.1-401, and 9.1-402 through 9.1-404 of the Code of Virginia, relating to Line of Duty Act; campus police officers; private police officers.

24104707D

S.B. 602

Patron: McGuire

Felony homicide; certain drug offenses; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another person and such other person's use of the controlled substance results in his death, regardless of the time or place death occurred in relation to the commission of the underlying felony. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.

A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; certain drug offenses; penalties.

24102949D

S.B. 649

Patron: Salim

Line of Duty Act; payment of benefits. Increases from $25,000 to $100,000 the death benefit payout under the Virginia Line of Duty Act for a death caused by occupational cancer, respiratory disease, or hypertension or heart disease for those deaths that will occur on or after July 1, 2024.

A BILL to amend and reenact § 9.1-402 of the Code of Virginia, relating to Line of Duty Act; payment of benefits.

24103777D