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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: February 5, 2024
Time and Place: ***Update: 7:30 AM Senate Room A (305) / GAB 3rd Floor
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

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. 138

Patron: Carroll Foy

Permissible venue; personal injury and wrongful death actions; appointment of administrator on behalf of estate of decedent. Provides that in a personal injury or wrongful death action in which an administrator is appointed on behalf of the estate of a decedent, permissible venue shall lie only in a county or city in which venue would have been properly laid if the person for whom such appointment is made had survived. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 8.01-262 and 64.2-454 of the Code of Virginia, relating to permissible venue; personal injury and wrongful death actions; appointment of administrator on behalf of estate of decedent.

24101470D

S.B. 144

Patron: Carroll Foy

Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment; depositions. Provides that if the district court enters a nolle prosequi or grants a dismissal without prejudice upon motion of the attorney for the Commonwealth on a misdemeanor or felony warrant prior to conducting a preliminary hearing and the defendant is subsequently indicted by a grand jury for the same offense, then (i) on the defendant's motion, the case shall be remanded to the district court for a preliminary hearing or (ii) the court may, with the consent of the defendant, direct that the depositions of any witnesses whose testimony would have been relevant in determining probable cause be taken. The bill provides that such depositions shall be taken before a judge of the circuit court in which such indictments were returned, and the judge shall rule upon all questions of evidence and otherwise control the taking of the same as though it were taken in open court.

A BILL to amend and reenact § 19.2-218 of the Code of Virginia, relating to nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment; depositions.

24102366D

S.B. 259

Patron: Surovell

Civil actions filed on behalf of multiple persons; award of damages in action for employer retaliation. Provides that on a motion of any party, a circuit court may enter an order certifying a class or joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction or occurrence. Currently, the circuit court may enter such order for such separate civil actions if such actions are brought by six or more plaintiffs.

The bill also provides that in a civil action for retaliation of an employer against an employee, the court or jury may order the reinstatement of the employee to a similar or equivalent position and compensation for lost wages, benefits, and remuneration, as well as reasonable attorney fees and costs, and may award treble damages upon a finding that such act of retaliation by an employer against an employee was willful.

The bill directs the Supreme Court of Virginia to promulgate rules no later than November 1, 2024, governing the certification of a class or the joining, coordinating, consolidating, or transferring of civil actions filed on behalf of multiple persons. The bill has a delayed effective date of January 1, 2025.

A BILL to amend and reenact §§ 8.01-267.1 and 40.1-27.3 of the Code of Virginia, relating to civil actions filed on behalf of multiple persons; award of damages in action for employer retaliation.

24104395D

S.B. 290

Patron: Roem

Guardians and conservators; order of appointment and certificate of qualification; annual report. Requires a petitioner to file with a petition for the appointment of a guardian, conservator, or both, a cover sheet on a form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia. The bill requires a guardian to file an initial annual report reflecting the first four months of guardianship since qualification within six months of the date of qualification and to file the second and each subsequent annual report for each succeeding 12-month period within four months from the last day of the last 12-month period covered by the previous annual report. The bill also specifies which documents the clerk shall forward to certain entities upon the qualification of a guardian or conservator. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact §§ 64.2-2002, 64.2-2011, and 64.2-2020 of the Code of Virginia, relating to guardians and conservators; order of appointment and certificate of qualification; annual report.

24104694D

S.B. 293

Patron: Roem

Guardianship and conservatorship; duties and powers of guardian and conservator; self-dealing prohibited. Provides that a guardian and conservator shall avoid all conflicts of interest and self-dealing, including all appearances of conflicts of interest and self-dealing, when addressing the needs of the incapacitated person to whom the guardian or conservator owes a fiduciary duty. The bill provides that a conflict of interest arises when the guardian or conservator has a personal or agency interest that can be perceived as self-serving or adverse to the position or best interest of the incapacitated person, and self-dealing arises when the guardian or conservator seeks to take advantage of his position as guardian or conservator and acts for his own interests rather than for the interests of the incapacitated person. The bill further provides that any sale or transaction that constitutes self-dealing shall be voidable by the court.

A BILL to amend and reenact §§ 64.2-2019 and 64.2-2021 of the Code of Virginia, relating to guardianship and conservatorship; duties and powers of guardian and conservator; self-dealing prohibited.

24104700D

S.B. 350

Patron: Perry

Virginia Human Rights Act; right to sue. Permits a complainant who has not received a notice of the right to file a civil action from the Office of Civil Rights of the Department of Law or the Equal Employment Opportunity Commission as requested after 180 days have passed from the date the complaint was filed to commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against the complainant.

A BILL to amend and reenact §§ 2.2-3907 and 2.2-3908 of the Code of Virginia, relating to Virginia Human Rights Act; right to sue.

24104783D

S.B. 364

Patron: Ebbin


Elections; protection of election officials; penalty. Adds current or former status as an election official or employee of an election official 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 adds current or former status as an election official or employee of an election official to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by current or former status as an election official or employee of an election official, may bring a civil action to recover his damages. 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 current or former status as an election official or employee of an election official. The bill also adds to the list of protected voters any election official or employee of an election official. Protected voters are permitted by law to provide on the application for voter registration, in addition to the voter's residence street address, a post office box address located within the Commonwealth, which would be the address included on (i) lists of registered voters and persons who voted, (ii) voter registration records made available for public inspection, and (iii) lists of absentee voter applicants. The bill also makes it a Class 5 felony to hinder or prevent an election official or employee of an election official from administering elections. Under current law, it is only a Class 5 felony to hinder or prevent an officer of election at a location being used for voting from holding an election.

A BILL to amend and reenact §§ 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, 18.2-461, 24.2-418, 24.2-1000, and 52-8.5 of the Code of Virginia, relating to elections; protection of election officials; penalty.

24104854D

S.B. 386

Patron: Deeds

Quarters for magistrates; certain minimum standards for security and accessibility. Establishes certain minimum standards for ensuring security and accessibility in quarters for magistrates. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact § 19.2-48.1 of the Code of Virginia, relating to quarters for magistrates; certain minimum standards for security and accessibility.

24101198D

S.B. 427

Patron: Deeds

Petition for modification of a sentence; eligibility; procedures. Provides a 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 or secure 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 a sentence; eligibility; procedures.

24101323D

S.B. 470

Patron: Obenshain

Uniform Statutory Rule Against Perpetuities; trusts; certain nonvested property interests or powers of appointment over property or property interests. Extends from 90 years to 1,000 years the period for which a nonvested property interest held in trust may vest or terminate, or for which a power of appointment over property or property interests may be exercised. The bill clarifies that such extension applies only to such interests or powers that were created on or after July 1, 2024, and that such extension does not apply to real property held in trust or a power of appointment over real property granted under a trust. The bill also provides that the current law that allows the terms of a trust instrument to provide an exception to the Uniform Statutory Rule Against Perpetuities shall apply only to a nonvested interest in or power of appointment over personal property held in trust, or a power of appointment over personal property granted under a trust, if such interest or power was created between July 1, 2000, and June 30, 2024, but shall not apply to such interests or powers created on or after July 1, 2024.

A BILL to amend and reenact §§ 55.1-124, 55.1-125, 55.1-127, and 55.1-128 of the Code of Virginia, relating to Uniform Statutory Rule Against Perpetuities; trusts; certain nonvested property interests or powers of appointment over property or property interests.

24102486D

S.B. 482

Patron: Aird

Expungement and sealing of juvenile court records. Provides for the sealing of juvenile court records in those instances where a juvenile was found guilty of a delinquent act that would be a felony if committed by an adult and such juvenile has attained the age of 18 years and three years have elapsed since the date of the last hearing in the case of such juvenile. Under current law, such records are open to the public. The bill also provides that any juvenile court records that may be expunged shall be expunged when the juvenile who is the subject of the records has attained the age of 18 years and three years have elapsed since the date of the last hearing in the case of such juvenile. Under current law, such juvenile shall have attained the age of 19 years and five years shall have elapsed since the date of the last hearing in the case of such juvenile.

A BILL to amend and reenact §§ 16.1-305 and 16.1-306 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-306.1, relating to expungement and sealing of juvenile court records.

24103246D

S.B. 493

Patron: Stanley

Medical malpractice; limitations on recovery; certain actions. Eliminates the cap on the recovery in actions against health care providers for medical malpractice where the act or acts of malpractice occurred on or after July 1, 2024, and occurred against a patient age 10 or younger.

A BILL to amend and reenact § 8.01-581.15 of the Code of Virginia, relating to medical malpractice; limitation on recovery; certain actions.

24100498D

S.B. 504

Patron: Surovell


Expungement of police and court records. Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means to render a legal action out of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies that the term "otherwise dismissed" also includes those circumstances when a person is charged with the commission of a crime, a civil offense, or any offense defined in relevant law and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. The bill also provides that unless the subject of the criminal record requests otherwise, any person who files an expungement petition shall be allowed to proceed under a pseudonym and that such designation shall apply in the trial court and on any appeal. The bill also allows for the expungement of any emergency or preliminary protective order that was attached or factually related to an expunged charge or offense, provided that a permanent protective order was not ordered as a result of such emergency or preliminary protective order. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute a hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner. 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 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.

A BILL to amend and reenact §§ 17.1-205.1, 19.2-392.2, as it is currently effective and 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, relating to expungement of police and court records.

24104896D

S.B. 547

Patron: Bagby

Law-enforcement training; individuals with autism spectrum disorder. Requires the Department of Criminal Justice Services to establish compulsory minimum and in-service training standards for law-enforcement officers on communicating with individuals with autism spectrum disorder, which shall include (i) an overview and behavioral recognition of autism spectrum disorder, (ii) best practices for crisis prevention and de-escalation techniques, (iii) an objective review of any relevant tools and technology available to assist in communication, and (iv) education on law-enforcement agency and community resources for the autism community on future crisis prevention. The bill requires that such training standards be established in consultation with at least one individual with autism spectrum disorder, one family member of an individual with autism spectrum disorder, one specialist who works with individuals with autism spectrum disorder, and one representative from a state or local law-enforcement agency. The bill requires the Department to establish such training standards by January 1, 2025, and requires any person employed as a law-enforcement officer prior to July 1, 2024, to complete the compulsory in-service training by July 1, 2025.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to law-enforcement training; communication with individuals with autism spectrum disorder.

24104504D

S.B. 588

Patron: Lucas

Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; affordable housing; criminal record screening model policy. Requires the Director of the Department of Housing and Community Development (the Department) to develop a criminal record screening model policy for admitting or denying an applicant for affordable housing covered under the Virginia Residential Landlord and Tenant Act in accordance with the U.S. Department of Housing and Urban Development's guidance on the application of the Fair Housing Act and maintain such model policy on its website. The bill prohibits a landlord of an affordable housing unit from inquiring about or requiring disclosure of, or if such information is received, basing an adverse action, in whole or in part, on an applicant's criminal or arrest record unless the landlord does so in accordance with the criminal record screening model policy developed by the Department and posted on its website and provides the applicant with a written copy of such policy.

A BILL to amend and reenact §§ 36-139, 55.1-1200, and 55.1-1203 of the Code of Virginia, relating to Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; affordable housing; criminal record screening model policy.

24104519D

S.B. 614

Patron: Pillion

Schedule III drugs. Adds xylazine to the list of Schedule III drugs.

A BILL to amend and reenact § 54.1-3450 of the Code of Virginia, relating to Schedule III drugs; xylazine.

24104627D

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. 638

Patron: Jordan

Exemptions from jury service upon request; age. Increases from 70 to 73 the age at which a person is exempt from jury service upon request.

A BILL to amend and reenact § 8.01-341.1 of the Code of Virginia, relating to exemptions from jury service upon request; age.

24104405D

S.B. 642

Patron: Perry

Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-308.1:8 of the Code of Virginia, relating to purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender; penalty.

24105186D

S.B. 659

Patron: Reeves

Law-Enforcement Officers Procedural Guarantee Act; hearing panel decisions. Provides that for the purposes of the Law-Enforcement Officers Procedural Guarantee Act a majority decision of a hearing panel shall be binding on the employing agency. Under current law, such decisions are advisory recommendations only. The bill also provides that a hearing panel's decision may be appealed to the circuit court in the jurisdiction where the grievance arose. Lastly, the bill provides that the third member of the hearing panel shall not be from within the employing law-enforcement agency.

A BILL to amend and reenact § 9.1-504 of the Code of Virginia, relating to Law-Enforcement Officers Procedural Guarantee Act; hearing panel decisions.

24104170D

S.B. 690

Patron: Obenshain

Virginia Alcohol Safety Action Program; fee. Raises from $300 to $350 the maximum fee that may be charged to a person required by the court to enter the Virginia Alcohol Safety Action Program upon conviction of certain offenses related to driving a motor vehicle or commercial vehicle while intoxicated, operating a boat while intoxicated, or refusing to have samples of breath taken for chemical tests to determine alcohol content of blood.

A BILL to amend and reenact §§ 18.2-268.3, 18.2-271.1, and 29.1-738.5 of the Code of Virginia, relating to Virginia Alcohol Safety Action Program; fee.

24104322D

S.B. 691

Patron: Obenshain

Conveyance of certain property from the Department of Corrections to the Town of Craigsville; Augusta Correctional Center. Provides for the transfer of certain property in Augusta County from the Department of Corrections to the Town of Craigsville.

A BILL to convey certain property from the Department of Corrections to the Town of Craigsville; Augusta Correctional Center.

24105267D

S.B. 693

Patron: Sturtevant

Prohibited acquisition of residential land; restrictions; civil penalty. Restricts any partnership, corporation, or real estate investment trust that manages funds pooled from investors, is a fiduciary to such investors, and has $50 million or more in net value or assets under management on any day during a taxable year from acquiring any interest in residential land, as defined in the bill, in the Commonwealth and requires registration with the Secretary of the Commonwealth on or after July 1, 2024. The bill requires the Secretary to report annually by December 1 on the registrations and any penalties assessed for failure to register and to submit such report to the Governor and the General Assembly. The bill also requires all real property tax bills to contain notice of such prohibited business ownership restrictions and registration requirements.

A BILL to amend and reenact §§ 55.1-507 and 58.1-3912 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5.1 of Title 55.1 a section numbered 55.1-510, relating to prohibited acquisition of residential land; restrictions; civil penalty.

24105234D

S.B. 710

Patron: Deeds

Maximum number of judges in each judicial district and circuit. Increases by one the maximum number of authorized juvenile and domestic relations district court judges in the Twentieth and Thirty-first Judicial Districts. The bill also increases by one the maximum number of authorized circuit court judges in the First, Ninth, and Fifteenth Judicial Circuits. The provisions in the bill are recommendations of the Committee on District Courts and the Judicial Council of Virginia.

A BILL to amend and reenact §§ 16.1-69.6:1 and 17.1-507 of the Code of Virginia, relating to the maximum number of judges in each judicial district and circuit.

24103420D

S.B. 731

Patron: Durant

Production, publication, sale, financing, etc. of child pornography; penalty. Amends the definition of "child pornography" to include material that has a depiction of a minor sufficiently realistic in nature such that a reasonable person would have reason to believe that the subject of such is an actual identifiable minor.

A BILL to amend and reenact § 18.2-374.1 of the Code of Virginia, relating to production, publication, sale, financing, etc. of child pornography; penalty.

24105360D