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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 17, 2024
Time and Place: :30 min after adj. - Senate Room A / GAB
Update: added - SB341 / removed: SB356,SB481,SB514

S.B. 15

Patron: Favola

Reproductive health care services; prohibitions on extradition for certain crimes. Provides that no demand for extradition of a person charged with a criminal violation of law of another state shall be recognized by the Governor if such alleged violation involves the receipt of or assistance with reproductive health care services within the Commonwealth unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth. The bill also provides that such limit on extradition shall not apply when the person who is subject to such demand for extradition by another state was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from such state.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-87.1, relating to reproductive health care services; prohibitions on extradition for certain crimes.

24100481D

S.B. 16

Patron: Favola

Search warrants; menstrual health data prohibited. Prohibits the issuance of a search warrant for the search and seizure of menstrual health data, as defined in the bill, stored on a computer, computer network, or other device containing electronic or digital information.

A BILL to amend and reenact § 19.2-53 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.2, relating to search warrants; menstrual health data prohibited.

24100007D

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. 95

Patron: Stanley

Preliminary analysis of breath to determine alcoholic content of blood; failure to advise person of rights. Provides that if a police officer or a member of any sheriff's department fails to adequately advise a person of his rights to refuse a preliminary breath test, any preliminary breath test sample shall not be admissible for the purpose of determining probable cause.

A BILL to amend and reenact § 18.2-267 of the Code of Virginia, relating to preliminary analysis of breath to determine alcoholic content of blood; failure to advise person of rights.

24102057D

S.B. 157

Patron: Boysko

Legal notices and publications; online-only news publications; requirements. Provides that, where any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such ordinance, resolution, notice, or advertisement instead may be published in an online-only news publication subject to certain requirements specified in the bill. The bill sets out a process by which an online-only news publication shall petition the circuit court of the appropriate jurisdiction to publish such ordinances, resolutions, notices, or advertisements and authorizes the court to grant such online-only news publication the authority to publish such ordinances, resolutions, notices, or advertisements for a period of one year. The bill also describes the process by which an online-only news publication may continue renewing such authority to publish each successive year.

A BILL to amend and reenact § 8.01-324 of the Code of Virginia, relating to legal notices and publications; online-only news publications; requirements.

24104298D

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. 225

Patron: Pekarsky

School board policies; parental notification; safe storage of firearms in the household. Requires each local school board to develop and implement a policy to require the annual notification of the parent of each student enrolled in the local school division, to be sent by email and SMS text message within 30 calendar days succeeding the first day of each school year, of the parent's legal responsibility to safely store any firearm present in the household, risks associated with improperly stored firearms, statistics relating to firearm-related accidents, injuries, and death among youth, and other tips and strategies. The bill requires each school board to make such parental notification available in multiple languages on its website.

A BILL to amend and reenact § 22.1-79.3 of the Code of Virginia, relating to school board policies; parental notification; safe storage of firearms in the household.

24104957D

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. 341

Patron: Surovell

Common interest communities; foreclosure remedy. Prohibits certain bills to enforce a lien from being entertained if the real estate is the judgment debtor's primary residence and the judgment is for assessments levied by certain common interest community associations if the amount secured by one or more judgments exclusive of interest and costs does not exceed $5,000. The bill also requires such common interest community associations to maintain individual assessment account records and restricts access to such records to the unit owner of the property subject to such assessments, the governing body of the association, the management agent, if there is one, and any legal counsel for such association. Finally, the bill requires such associations to maintain records of any recorded lien during the effective duration of such lien. This bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact §§ 8.01-463, 55.1-1815, 55.1-1833, 55.1-1945, 55.1-1966, 55.1-2148, 55.1-2151, and 55.1-2305 of the Code of Virginia, relating to common interest communities; foreclosure remedy.

24104522D

S.B. 355

Patron: Rouse

Virginia Self-Service Storage Act. Permits a rental agreement to be delivered and accepted electronically. The bill permits a rental agreement to contain statements that the rental agreement is deemed accepted by the owner where the owner accepts rent or where the occupant accepts possession or delivers rent. Finally, the bill permits towing of any abandoned, immobilized, unattended, or trespassing vehicles or watercraft that are not authorized to be at the self-service storage facility.

A BILL to amend and reenact §§ 55.1-2900 and 59.1-2901 of the Code of Virginia, relating to Virginia Self-Service Storage Act.

24104345D

S.B. 367

Patron: DeSteph


Manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; Task Force on Fentanyl and Heroin Enforcement established; 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 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. The bill also requires the Office of the Chief Medical Examiner to investigate the cause and manner of a death in any case where the attorney for the Commonwealth or the investigating law-enforcement agency has probable cause to believe that the death resulted from such felony homicide.

The bill also adds mandatory minimum fines for manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of fentanyl, heroin, or carfentanil based on the weight of such mixtures or substances.

Additionally, the bill creates the Task Force on Fentanyl and Heroin Enforcement whose purpose is to study ways to enhance the ability of law-enforcement officers throughout the Commonwealth to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. The bill requires the Task Force to meet at least annually and to report to the Governor and General Assembly by December 1 of each year regarding its activities and any recommendations.

A BILL to amend and reenact §§ 18.2-33, 18.2-248, and 32.1-283 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.9, relating to manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; Task Force on Fentanyl and Heroin Enforcement established; penalties.

24101341D

S.B. 394

Patron: Perry

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer, confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant if he (i) is a law-enforcement officer; (ii) is in a position of authority over the person serving as a confidential informant; (iii) knows that such person is serving as a confidential informant for a private, local, or state law-enforcement agency; and (iv) carnally knows, without use of force, threat, or intimidation, a person serving as a confidential informant. The bill provides that such offense is a Class 6 felony.

The bill also provides an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.

A BILL to amend and reenact §§ 18.2-64.2 and 18.2-67.4 of the Code of Virginia, relating to carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer, confidential informants, pretrial defendants or posttrial offenders; penalty.

24104794D

S.B. 469

Patron: Obenshain


Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law.

The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.

The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.

 

A BILL to amend and reenact §§ 18.2-248.02 and 54.1-3458 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-248.05, relating to controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties.

24104018D

S.B. 526

Patron: Williams Graves

Resale Disclosure Act; delivery of resale certificate; remedies. Provides that failure to deliver a resale certificate within 14 days, as required by the Resale Disclosure Act, deems the resale certificate unavailable. The bill grants a purchaser three days from the date of ratification of the contract or the date of receipt of the resale certificate or notice that such certificate is unavailable, as applicable, to cancel the contract. Finally, the bill (i) excludes from the resale certificate requirements of the Act an initial disposition of a lot to a person who is not acquiring the lot for his own residence and (ii) allows a resale certificate to be delivered to a purchaser's authorized agent. Current law excludes the resale certificate requirements of the Act for any initial disposition, regardless of its intended use, and only allows a resale certificate to be delivered to a purchaser.

A BILL to amend and reenact §§ 55.1-2308, 55.1-2309, 55.1-2310, 55.1-2312, 55.1-2316, and 55.1-2317 of the Code of Virginia, relating to Resale Disclosure Act; delivery of resale certificate; remedies.

24105078D

S.B. 571

Patron: Ebbin

Synthetic media; penalty. Expands the applicability of provisions related to defamation, slander, and libel to include synthetic media, defined in the bill. The bill makes it a Class 1 misdemeanor for any person to generate, create, or use or cause to be generated, created, or used any deceptive audio or visual media, defined in the bill, for the purpose of committing a criminal offense involving fraud. The bill creates a rebuttable presumption that such deceptive audio or visual media was generated or created for the purpose of committing such criminal offense if such deceptive audio or visual media is subsequently used as part of a plan or course of conduct to commit such criminal offense. The bill also authorizes the individual depicted in the deceptive audio or visual media to bring a civil action against the person who violates such prohibition to recover actual damages, reasonable attorney fees, and such other relief as the court determines to be appropriate. The bill directs the Attorney General to convene a work group to study and make recommendations on the current enforcement of laws related to the use of deceptive audio or visual media, including deepfakes, and any further action needed to address the issue of such use in fraudulent acts.

A BILL to amend and reenact §§ 8.01-45, 8.01-46, and 18.2-417 of the Code of Virginia to amend the Code of Virginia by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.3, relating to synthetic media; penalty.

24105058D

S.B. 598

Patron: Ebbin

Property and conveyances; recordation of documents; name changes. Provides that any name change made in relation to a person's marriage or divorce is entitled to be recorded in the clerk's office in which deeds are recorded of the county or city in which any land or interest in any land that is owned by such person lies. Current law only entitles the name change of a woman made in relation to marriage or divorce to be so recorded.

A BILL to amend and reenact § 55.1-601 of the Code of Virginia, relating to property and conveyances; recordation of documents; name changes.

24100556D

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. 625

Patron: Bagby

Deferred or installment payment agreements; certain benefits; maximum amounts to be paid. Requires the court to inform any defendant entering into a payment agreement that no payment is required if such defendant's sole financial resource is a Social Security benefit or Supplemental Security income. The bill further specifies that, if such defendant has an additional non-exempt financial resource or source of income, no payment required shall exceed the maximum amount that would be subject to garnishment.

A BILL to amend and reenact § 19.2-354.1 of the Code of Virginia, relating to deferred or installment payment agreements; certain benefits; maximum amounts to be paid.

24103452D

S.B. 633

Patron: Deeds

Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to relevant law and is unable to pay such fee. The bill provides that the court may make such determination upon motion of the defendant at any time prior to the entry of order for which such fee is assessed or final order has been entered.

A BILL to amend and reenact § 19.2-362 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-362.1, relating to court fines and fees; indigent defendant; waiver of fees.

24100553D

S.B. 637

Patron: Jordan

Collections of fines, costs, forfeitures, penalties, etc.; duty of attorneys for the Commonwealth; notice and concurrence of clerk. Requires the attorney for the Commonwealth to notify and obtain the concurrence of the clerk of the circuit court prior to contracting with private attorneys or private collection agencies to undertake the collection of fines, costs, forfeitures, penalties, and restitution.

A BILL to amend and reenact § 19.2-349 of the Code of Virginia, relating to collections of fines, costs, forfeitures, penalties, etc.; duty of attorneys for the Commonwealth; notice and concurrence of clerk.

24104406D

S.B. 643

Patrons: Aird, Deeds

Penalties for failure to appear; contempt. Provides that any person (i) charged with a felony offense or misdemeanor offense or (ii) convicted of a felony offense or misdemeanor offense and execution of sentence is suspended who willfully fails to appear before any court or judicial officer as required may be punished for contempt. Under current law, such person is guilty of a Class 6 felony, if charged with a felony, or a Class 1 misdemeanor, if charged with a misdemeanor, for such a violation. The bill excludes from such penalty persons who are incarcerated or in the custody of a law-enforcement officer at the time such person is required to appear. The bill also eliminates a court's authority to punish summarily a contempt of court for willful failure to appear.

A BILL to amend and reenact §§ 16.1-69.24, 18.2-456 and 19.2-128 of the Code of Virginia, relating to penalties for failure to appear; contempt.

24104572D