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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2024 SESSION
Chair: Scott A. Surovell
Clerk: Michael Jackson Ashleigh Hynst
Staff: Sabrina Miller-B Taylor Mey
Date of Meeting: February 12, 2024
Time and Place: ***Update: 15 Minutes After Adjournment - Senate Room 305-A / GAB
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: McDougle
Termination of trust; notice requirements. Provides that a trustee seeking to terminate a trust may do so without a court order, provided that the trustee sends notice, subject to certain provisions enumerated in the bill, to any qualified beneficiaries or cotrustees. The bill also provides that a qualified beneficiary or cotrustee who objects to the termination of the trust may provide to the trustee seeking to terminate the trust written notice of such objection within 60 days of receipt of the notice of termination.
A BILL to amend and reenact § 64.2-732 of the Code of Virginia, relating to termination of trust; notice requirements.24101044D
Patron: Durant
Issuing citations; vehicle equipment. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating with defective and unsafe equipment and removes the accompanying exclusionary provisions.
A BILL to amend and reenact § 46.2-1003 of the Code of Virginia, relating to issuing citations; vehicle equipment.24103183D
Patron: McPike
Minimum qualifications for law-enforcement officers; citizenship; waiver. Allows individuals who have been granted Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services to qualify for the positions of chief of police, police officer of a locality, deputy sheriff, jail officer, and law-enforcement officer. Current law allows only citizens of the United States to qualify for the named positions.
A BILL to amend and reenact § 15.2-1705 of the Code of Virginia, relating to minimum qualifications for law-enforcement officers; citizenship.24100992D
Patron: Peake
Spoliation of evidence. Clarifies that, where evidence that should have been preserved in anticipation of litigation is lost, disposed of, altered, concealed, destroyed, or not preserved, and cannot be restored or replaced, no finding of intent that a party lost or destroyed evidence to prevent its use in litigation shall be required for the court to order remedial measures as provided by law.
A BILL to amend and reenact § 8.01-379.2:1 of the Code of Virginia, relating to spoliation of evidence.24101969D
Patron: Peake
Motor vehicles; improper tinting films, signs, decals, and stickers; issuing citations. Removes the provisions that prohibit a law-enforcement officer from lawfully stopping a motor vehicle for violations related to improper tinting films, signs, decals, and stickers on such motor vehicle's windows. The bill increases from 35 percent to 50 percent the minimum percentage of total light transmittance required for tinting the rear and rear side windows of any motor vehicle. The bill increases from 35 percent to 50 percent the authorized reduction of total light transmittance for tinting the rear and rear side windows of any motor vehicle and maintains exemptions for multipurpose passenger vehicles and pickup trucks.
A BILL to amend and reenact § 46.2-1052 of the Code of Virginia, relating to motor vehicles; improper tinting films, signs, decals, and stickers; issuing citations.24100893D
Patron: Ebbin
Marriage lawful regardless of sex, gender, or race of parties; issuance of marriage license. Provides that no person authorized to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of the parties. The bill also requires that such lawful marriages be recognized in the Commonwealth regardless of the sex, gender, or race of the parties. The bill provides that religious organizations or members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.
A BILL to amend the Code of Virginia by adding a section numbered 20-13.2, relating to marriage lawful regardless of sex, gender, or race of parties; issuance of marriage license.24101679D
Patron: Sturtevant
Wills and trusts; tangible personal property; nonexoneration. Provides that if a trust instrument that was revocable, as defined in relevant law, immediately before the settlor's death refers to a written statement or list of items of tangible personal property and their intended recipients with reasonable certainty and is signed by the settlor, such written statement or list shall be given the effect of a specific bequest although it does not satisfy the requirements for a trust instrument. The bill also provides that real or personal property that is the subject of a specific devise or bequest in a trust instrument that was revocable immediately before the settlor's death shall be passed without the right of exoneration. Under current law, the provisions that govern separate writing identifying recipients of tangible personal property apply only to wills, and the provisions that govern the nonexoneration of a specific devise or bequest of real or personal property apply only to wills and transfer on death deeds.
A BILL to amend and reenact §§ 64.2-400 and 64.2-531 of the Code of Virginia, relating to wills and trusts; tangible personal property; nonexoneration.24102489D
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
Patron: Salim
Plea agreements; prohibited provisions. Prohibits plea agreements from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement is void and unenforceable as against public policy. The bill also specifies that the provisions of the bill shall apply retroactively to plea agreements entered into or accepted prior to July 1, 2024.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-254.01, relating to plea agreements; prohibited provisions.24103710D
Patron: Obenshain
Certain powers of attorney; transfer on death deeds. Provides that an agent under a power of attorney shall not have the authority to create, change, or revoke a transfer on death deed unless specifically granted the power to create or change a beneficiary designation as otherwise provided by law.
A BILL to amend and reenact § 64.2-1625 of the Code of Virginia, relating to certain powers of attorney; transfer on death deeds.24102488D
Patron: Surovell
Petitions in juvenile and domestic relations district court; parents; minors. Prohibits the parent of a minor from filing a petition for a family abuse protective order against such minor, provided that the minor has not otherwise been emancipated pursuant to law. The bill also authorizes the parent, guardian, or other person standing in loco parentis of a minor to file a petition for a child in need of services or in need of supervision with the clerk of the juvenile and domestic relations district court if an intake officer refuses to file such petition. Under current law, the decision by an intake officer to file such petition is final.
A BILL to amend and reenact §§ 16.1-253.1, 16.1-253.4, 16.1-260, and 16.1-279.1 of the Code of Virginia, relating to petitions in juvenile and domestic relations district court; parents; minors.24100778D
Patron: Surovell
License plate reader systems; civil penalty. Provides requirements for the use of license plate reader systems, defined in the bill, by law-enforcement agencies. The bill limits the use of such systems to scanning, detecting, and recording data about vehicles and license plate numbers for the purpose of identifying a vehicle that is (i) associated with a wanted, missing, or endangered person or human trafficking; (ii) stolen; (iii) involved in an active law-enforcement investigation; or (iv) in the vicinity of a recent crime and may be connected to that crime. The bill authorizes and requires the Commonwealth Transportation Board to establish a permitting process for installing and using such systems in state highway rights-of-way.
A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 55.6, consisting of a section numbered 2.2-5517, and by adding a section numbered 33.2-210.1, relating to license plate reader systems; civil penalty.24100926D
Patron: Subramanyam
Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that when conducting a revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by the court. The bill also requires that when a defendant has been taken into custody for an alleged first or second technical violation for which the court may only impose up to 14 days of active incarceration, the court shall adjudicate such violation within 14 days of the defendant being taken into custody. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days.
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.24102966D
Patron: Jordan
Application for and issuance of order authorizing interception of communications; Superintendent of State Police. Allows the Superintendent of State Police or his designee, if the Superintendent so designates in writing, to apply to a judge of competent jurisdiction for an order authorizing the interception of wire, electronic, or oral communications. The bill adds commercial sex trafficking and racketeering to the list of offenses for which an order authorizing the interception of wire, electronic, or oral communications may be sought. The bill also provides that an application for an order authorizing the interception of a wire, electronic, or oral communication may be verified by the Chief Deputy Attorney General, as designated by the Attorney General.
A BILL to amend and reenact §§ 19.2-66 and 19.2-68 of the Code of Virginia, relating to application for and issuance of order authorizing interception of communications; Superintendent of State Police.24104847D
Patron: Jordan
Commercial entity offering social media accounts; restricted hours for minors; civil liability. Provides that no commercial entity that offers social media accounts, as defined in the bill, shall knowingly or intentionally allow a minor to access his social media account during the hours of 12:00 a.m. to 6:00 a.m. unless the minor's parent, guardian, or legal custodian has provided permission for the minor to use such social media account during these hours. The bill provides that any commercial entity that violates these provisions shall be subject to civil liability for damages resulting from the interference with a minor's sleep cycle or mental health by allowing such minor to access to his social media account during the hours of 12:00 a.m. to 6:00 a.m. and reasonable attorney fees and costs.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.6, relating to commercial entity offering social media accounts; restricted hours for minors; civil liability.24104696D
Patron: Bagby
License plate readers; penalties. Provides requirements for the use of license plate readers, defined in the bill, by law-enforcement agencies. The bill requires such agencies to enter into an agreement with the license plate reader owners or other responsible non-law-enforcement entity to operate a data trust, defined in the bill, to store the data collected by a license plate reader and requires any such law-enforcement agency to apply to the data trust for access to such data. The bill limits the use of license plate readers to scanning, detecting, and identifying license plate numbers for the purpose of identifying vehicles involved in certain crimes.
A BILL to amend and reenact § 33.2-210 of the Code of Virginia and to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 55.6, consisting of a section numbered 2.2-5517, relating to license plate reader systems; penalties.24103148D
Patron: Deeds
Trustees; settlement of accounts; notice and statements to beneficiaries; requirements. Provides that when (i) a trust terminates pursuant to the terms of the trust, (ii) a trust terminates early, (iii) a trustee resigns or is removed, or (iv) a trustee is seeking discharge of an interim account period when the trust is continuing, a trustee may obtain a settlement of accounts if the trustee sends the beneficiary notice and certain required accounting statements and the beneficiary does not object within 45 days after the trustee sends such notice. The bill provides that if a beneficiary or other party who received such notice and statements properly objects, the trustee or qualified beneficiary or other party shall either submit such objection in writing to the court for resolution or resolve the objection by a nonjudicial settlement agreement or other written agreement. The bill also provides that when a qualified beneficiary has failed to object within the 45-day period or consents to such action of the trustee, the beneficiary or other party is prohibited from bringing a claim against the trustee for challenging the validity of (i) the trust or (ii) the period of such interim accounts.
A BILL to amend and reenact § 64.2-800 of the Code of Virginia, relating to trustees; settlement of accounts; notice and statements to beneficiaries; requirements.24101324D
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
Patron: Deeds
Department of Environmental Quality; review and authorization of projects; hearing and appeal. Allows any person aggrieved by the final decision of the Department of Environmental Quality regarding the authorization of a project and who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department to seek judicial review of such action in accordance with the Administrative Process Act in the Circuit Court of the City of Richmond within 30 days of such decision. The bill requires the court to hear and decide such action as soon as practicable after the date of filing.
A BILL to amend and reenact § 10.1-1197.7 of the Code of Virginia, relating to Department of Environmental Quality; review and authorization of projects; hearing and appeal.24104995D
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
Patron: Ebbin
Careless driving and infliction of injury or death on vulnerable road users; penalty. Defines driving in a careless manner and distracted manner for purposes of the Class 1 misdemeanor of operating a motor vehicle in a careless or distracted manner such that such operation is the proximate cause of serious bodily injury or death of a vulnerable road user lawfully present on the highway at such time.
A BILL to amend and reenact § 46.2-816.1 of the Code of Virginia, relating to careless driving and infliction of injury or death on vulnerable road users; penalty.24105715D
Patron: Peake
Virginia Crime Commission; surveillance technology; report. Adds to the powers and duties of the Virginia Crime Commission (the Commission) the power to conduct an annual study on surveillance technology, defined in the bill, utilized by local and state law-enforcement agencies throughout the Commonwealth, including (i) the technology's potential impact on privacy rights and civil liberties, with particular attention to potential disparate impacts on different communities and populations; (ii) the technology's effectiveness for law or regulatory enforcement purposes, and the likelihood that evidence collected through such technology will be considered inadmissible in a court of competent jurisdiction; (iii) the potential for the misuse of the technology or any data that is collected through the use of such technology and safeguards to prevent such misuse; (iv) existing laws and regulations governing the technology and whether additional legislation is necessary to regulate its use; and (v) any recommendation as to whether technology utilized by a locality should be implemented throughout the Commonwealth. The bill provides that the Commission shall submit a report of its findings to the Chairmen of the House Committee for Courts of Justice, the Senate Committee on the Judiciary, and the Governor within six months of beginning the study and shall make such report available to the public on the website of the Commission.
A BILL to amend and reenact § 30-158 of the Code of Virginia, relating to Virginia Crime Commission; surveillance technology; report.24104136D