2012 SESSION

Convened January 11, 2012
Adjourned sine die March 10, 2012
Reconvened April 18, 2012
Adjourned sine die April 18, 2012

COURTS NOT OF RECORD

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over

Adoption; various changes to procedures. Amending §§ 16.1-241, 16.1-243, 63.2-1202, 63.2-1222, 63.2-1241, 63.2-1250, and 63.2-1251; adding § 63.2-1220.01. (Patron-Toscano, HB 445 (Chapter 424))

Appeals, Court of; abolishes Court effective October 1, 2012. Amending §§ 1-212, 2.2-511, 2.2-2905, 2.2-3114, 4.1-224, 4.1-227, 8.01-20, 8.01-113, 8.01-267.8, 8.01-429, 8.01-626, 8.01-645, 8.01-649, 8.01-651, 8.01-665, 8.01-669 through 8.01-671, 8.01-675.3, 8.01-675.4, 8.01-676.1, 10.1-603.12:5, 10.1-603.13:1, 10.1-1319, 15.2-1639, 16.1-106, 16.1-131.1, 16.1-242.1, 16.1-248.1, 16.1-296, 16.1-298, 17.1-106, 17.1-112, 17.1-132, 17.1-221, 17.1-283, 17.1-285, 17.1-319, 17.1-330, 17.1-331, 17.1-604, 17.1-700, 17.1-703, 17.1-706, 17.1-802, 17.1-900, 18.2-31, 18.2-308, 19.2-11.2, 19.2-119, 19.2-163.3, 19.2-266, 19.2-317, 19.2-318 through 19.2-321, 19.2-321.2, 19.2-322.1, 19.2-325, 19.2-327, 19.2-327.10 through 19.2-327.13, 19.2-368.8, 19.2-398, 19.2-400, 19.2-402 through 19.2-405, 19.2-409, 28.2-220, 29.1-824, 30-5, 33.1-358, 37.2-1105, 38.2-3405, 38.2-5011, 40.1-49.5, 40.1-51.38, 46.2-321, 46.2-341.34, 46.2-362, 46.2-410, 46.2-1578, 46.2-1988, 46.2-1992.82, 46.2-1993.79, 46.2-2825.3, 49-13, 49-22, 53.1-40.1, 53.1-78, 54.1-3935, 54.1-3937, 57-2.02, 57-67, 58.1-2282, 58.1-4027, 60.2-500, 60.2-625, 60.2-631, 62.1-44.24, 62.1-44.30, 62.1-111, 63.2-1216, 65.2-101, 65.2-701, and 65.2-706; repealing §§ 8.01-677.1, 17.1-400 through 17.1-418, 19.2-321.1, 19.2-407, and 19.2-408. (Patron-Deeds, SB 630 (F))

Application of foreign law; court decisions and contracts will be void as violation of public policy of State. Adding §§ 8.01-465.26 through 8.01-465.30. (Patron-Morris, HB 631 (C))

Application of foreign law; court decisions will be void as violation of public policy of State. Adding § 8.01-465.26. (Patron-Marshall, R.G., HB 825 (C))

Arrest; adult charged when a juvenile may be released on bail or recognizance. Amending § 16.1-247. (Patron-Johnson, HB 1244 (Chapter 253))

Attorney fees; awarding of fees and costs in certain cases in juvenile and domestic relations district court must be reasonable. Amending § 16.1-278.19. (Patron-Herring, HB 1096 (F))

Auxiliary police forces; Department of Criminal Justice Services to establish training requirements. Amending §§ 9.1-102, 9.1-112, 15.2-1731, 16.1-253.4, 19.2-81.3, 19.2-152.8, and 53.1-31.1. (Patron-Obenshain, SB 541 (Chapter 827))

Child abuse; increases reporting period by health care providers on substance exposed infants resulting from toxicology studies of child. Amending §§ 16.1-241.3 and 63.2-1509. (Patron-Garrett, HB 507 (Chapter 504); Vogel, SB 448 (Chapter 640))

Child custody or visitation; issues may be included in single petition in juvenile and domestic relations district court, etc. Amending §§ 16.1-260, 16.1-305, and 16.1-306. (Patron-Surovell, HB 682 (F))

Child custody or visitation; person with a legitimate interest. Amending §§ 16.1-241 and 20-124.1. (Patron-Cline, HB 1283 (C))

Circuit court hearing; termination of juvenile court jurisdiction. Amending § 16.1-269.6. (Patron-Herring, HB 1198 (F); Edwards, SB 583 (F))

Clerks of circuit or district courts; increases fee when payment with dishonored check or credit card. Amending §§ 17.1-275 and 19.2-353.3. (Patron-Gilbert, HB 387 (Chapter 420))

Confidential juvenile records; sharing with state and local correctional facilities to remain confidential. Amending § 16.1-300. (Patron-Gilbert, HB 391 (Chapter 421); Garrett, SB 476 (Chapter 262))

Criminal history record information check; transfer of rifles and shotguns. Amending §§ 16.1-253.5, 16.1-305, and 18.2-308.2:2. (Patron-Black, SB 612 (C))

District court; appeal of judgment in civil case to circuit court. Amending §§ 16.1-69.55 and 16.1-112. (Patron-Iaquinto, HB 284 (F))

District court employees; local salary supplements may be paid wholly out of local funds. Amending § 16.1-69.45. (Patron-Hope, HB 837 (Chapter 62))

Domestic violence offenses; additional fees for conviction. Amending §§ 16.1-69.48:1.01 and 17.1-275.11. (Patron-Ware, O., HB 489 (F))

Expungement of cases; ineligibility for those deferred and dismissed. Amending §§ 16.1-306 and 19.2-392.2. (Patron-Cline, HB 748 (F))

Fines and fees; disposition of fines in traffic cases. Amending §§ 16.1-69.48 and 46.2-1308. (Patron-Garrett, SB 666 (F))

Fines and fees; imposed under certain local ordinances are to be paid to school division and Literary Fund. Amending §§ 16.1-69.48 and 46.2-1308. (Patron-Carr, HB 834 (F))

Guardian ad litem; shall not be appointed to represent child, parent, or guardian if alleged to have committed a delinquent act unless court finds there is a conflict of interest or that good cause exists to make such appointment. Amending § 16.1-266. (Patron-Bell, Robert B., HB 966 (C))

Home/electronic incarceration; circuit or district court may allow person convicted credit for time served prior to trial. Adding § 19.2-303.6. (Patron-Habeeb, HB 75 (F))

Intellectual disability and developmental services; replaces certain terminology, technical amendments. Amending §§ 2.2-701, 2.2-1124, 2.2-1204, 2.2-1207, 2.2-2525, 2.2-2649, 2.2-3705.3, 15.2-964, 15.2-2291, 16.1-241, 16.1-269.1, 16.1-278.11, 16.1-280, 16.1-283, 16.1-336, 16.1-361, 18.2-369, 19.2-123, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, 19.2-218.1, 19.2-389, 22.1-7, 22.1-213, 22.1-214.3, 22.1-217.1, 22.1-253.13:2, 22.1-319, 23-38.2, 25.1-100, 32.1-59, 32.1-65, 32.1-102.1, 32.1-127.01, 32.1-283, 32.1-323.2, 36-96.6, 37.2-100, 37.2-203, 37.2-204, 37.2-303, 37.2-306, 37.2-315, 37.2-318, 37.2-319, 37.2-403, 37.2-408, 37.2-409, 37.2-416, 37.2-500, 37.2-504, 37.2-505, 37.2-506, 37.2-508, 37.2-509, 37.2-600, 37.2-601, 37.2-605, 37.2-608, 37.2-802, 37.2-806, 37.2-837, 38.2-3323, 38.2-3409, 40.1-28.9, 46.2-400, 46.2-401, 51.1-513.3, 51.5-3, 51.5-30, 51.5-39.7, 51.5-39.8, 53.1-216, 54.1-701, 54.1-2970, 54.1-2982, 58.1-638, 60.2-213, 63.2-1000, 63.2-1105, 63.2-1603, 63.2-1805, 64.1-62.3, 64.1-157.1, 66-18, and 66-20. (Patron-Miller, J.C., SB 191 (I) See SB387)

Judge; nomination for election to general district court. (Patron-McDougle, SR 14 (F))

Judges; election in Court of Appeals, circuit court, general district court, juvenile and domestic relations district court, and member of Workers’ Compensation Commission. (Patron-Cline, HJR 533 (F))

Judges; election in Supreme Court of Virginia, circuit court, general district court, juvenile and domestic relations district court, member of Judicial Inquiry and Review Commission, and member of the State Corporation Commission. (Patron-Cline, HJR 246 (F); Cline, HJR 272 (P))

Judges; nominations for election to circuit court and general district. (Patron-Cline, HJR 273 (F))

Judges; nominations for election to general district court. (Patron-Cline, HR 15 (P); McDougle, SR 7 (F); McDougle, SR 12 (P))

Judges; nominations for election to juvenile and domestic relations district court. (Patron-Cline, HR 16 (P); McDougle, SR 8 (P))

Juvenile delinquency records; destruction of court records for underage possession of alcohol. Amending § 16.1-306. (Patron-Cline, HB 747 (F))

Juvenile law-enforcement records; disclosure of certain confidential records to school principal. Amending § 16.1-301. (Patron-Howell, A.T., HB 1176 (F))

Juvenile life sentences; person sentenced for nonhomicide offense to petition court for modification of sentence. Amending § 16.1-272. (Patron-Marsden, SB 390 (C))

Juveniles; allows prosecutors discretion to have those at least 14 years of age charged with violations of certain gang offenses and repeat violations of certain drug offenses to be transferred to circuit court for trial as an adult. Amending § 16.1-269.1. (Patron-Kilgore, HB 718 (Chapter 772))

Juveniles; court to conduct mandatory review hearing for juvenile in secure local facility via two-way electronic video and audio communication. Amending § 16.1-284.1. (Patron-Johnson, HB 849 (Chapter 94))

Juveniles; legal custody transferred to Department of Juvenile Justice if child is in foster care at time of commitment. Amending §§ 16.1-278.8 and 16.1-293. (Patron-Byron, HB 463 (C))

Larceny; court may require accused to undergo an assessment and enter treatment or education program, if first offense may be placed on probation. Amending §§ 16.1-69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336; adding § 18.2-96.2. (Patron-Reeves, SB 71 (C))

Parental rights; creates procedure for restoring to child’s parent whose rights had previously been terminated. Adding § 16.1-283.2. (Patron-Barker, SB 218 (C))

Parental rights; creates procedure for restoring to child’s parent whose rights had previously been terminated, child and parent to consent to restoration of rights. Adding § 16.1-283.2. (Patron-Toscano, HB 450 (C))

Parental rights; creates procedure for restoring to child’s parent whose rights had previously been terminated, child to consent to restoration of rights. Adding § 16.1-283.2. (Patron-Favola, SB 555 (C))

Protective orders; allows general district court to transfer case to appropriate court. Amending §§ 16.1-241 and 19.2-152.10. (Patron-Surovell, HB 673 (F))

Protective orders; court may include provisions granting petitioner care, custody, and control of an animal. Amending §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-McClellan, HB 363 (F))

Protective orders; minor may petition on his own behalf without consent of parent or guardian. Amending § 16.1-241; adding § 16.1-279.2. (Patron-Surovell, HB 674 (F))

Protective orders; various changes to provisions governing those issued by juvenile and domestic relations district court, venue. Amending §§ 16.1-241, 16.1-253.2, 16.1-253.4, 16.1-260, and 19.2-152.8; adding § 19.2-152.11. (Patron-Howell, SB 300 (Chapter 637))

Protective orders, permanent; provides circuit court jurisdiction to hear petitions to modify, dissolve, or extend if circuit court issued order. Amending §§ 16.1-279.1, 17.1-513, and 19.2-152.10. (Patron-McClellan, HB 1033 (Chapter 152); Vogel, SB 445 (Chapter 261))

Specialty criminal court dockets; court may establish to address specialized needs of similarly situated defendants. Adding § 19.2-5.1. (Patron-Morrissey, HB 123 (F))

Supreme Court of Virginia; required to develop and implement weighted caseload system to assess judicial caseloads, report. (Patron-Cline, HB 745 (Chapter 601))

Virginia Fire Services Board and State Board of Juvenile Justice; powers and duties. Amending §§ 9.1-201 through 9.1-204, 16.1-235.1, 16.1-238, 16.1-240, 16.1-274, 16.1-275, 66-10, and 66-23; repealing §§ 2.2-223 and 66-11. (Patron-Greason, HB 1104 (Chapter 456); Norment, SB 411 (Chapter 164))

Writ of actual innocence; juvenile adjudicated delinquent of felony charge may petition Supreme Court on basis of biological or nonbiological evidence. Amending §§ 19.2-327.1, 19.2-327.2, 19.2-327.3, 19.2-327.5, and 19.2-327.10 through 19.2-327.13. (Patron-Habeeb, HB 223 (F))