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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.
2015 SESSION
Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Mark D. Obenshain
Clerk: John Garrett
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 14, 2015
Time and Place: 1/2 hour after Recess of Senate Senate Room B
Patron: Carrico
Forfeiture of property used in connection with the commission of crimes; conviction required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been convicted of the crime and has exhausted all appeals.
A BILL to amend and reenact §§ 19.2-386.1, 19.2-386.10, 19.2-386.29, 19.2-386.31, 19.2-386.32, 19.2-386.34, and 19.2-386.35 of the Code of Virginia, relating to forfeiture of property used in connection with the commission of crimes; conviction required.15100578D
Patron: Favola
United States Postal Service; inspectors. Removes the word "Inspection" from references to the United States Postal Inspection Service in several criminal procedure sections. The United States Postal Service restructured its law-enforcement agencies in 1997 and currently has two federal law-enforcement agencies with jurisdiction to investigate Postal Service-related crimes. By removing the word "Inspection," both agencies are included in Code sections governing conservators of the peace, issuance of search warrants, and analysis of forensic evidence.
A BILL to amend and reenact §§ 19.2-12, 19.2-56, 19.2-187, and 19.2-187.01 of the Code of Virginia, relating to criminal procedure; postal inspectors.15100143D
Patron: Ebbin
Marijuana; decriminalization of simple marijuana possession. Decriminalizes marijuana possession and changes the current $500 criminal fine for simple marijuana possession to a maximum $100 civil penalty payable to the Literary Fund and eliminates the 30-day jail sentence. The bill reduces the criminal penalties for distribution and possession with intent to distribute etc. of marijuana. The bill creates a rebuttable presumption that a person who grows no more than six marijuana plants grows marijuana for personal use and not for distribution and provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. Marijuana is removed from a statute making it a Class 1 misdemeanor to distribute or display advertisements, etc., for instruments used for marijuana and from the common nuisance statute. The distribution of paraphernalia statute will apply only to an adult who distributes to a minor at least three years his junior. The bill also limits forfeiture of property from sale or distribution of marijuana to quantities of more than one pound; currently there is no minimum amount. The penalty for possession of marijuana by a prisoner is reduced from a Class 5 felony to a Class 6 felony.
A BILL to amend and reenact §§ 16.1-260, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-252, 18.2-255.1, 18.2-258, 18.2-259.1, 18.2-265.3, 18.2-287.2, 18.2-308.1:5, 18.2-460, 19.2-386.22, 46.2-390.1, and 53.1-203 of the Code of Virginia, relating to penalties; possession, distribution, etc., of marijuana.15100820D
Patron: Carrico
Mandatory restitution; damage to Capitol Square or any building, monument, etc., in Capitol Square. Requires payment of restitution to the Commonwealth for any damage to Capitol Square or any building, monument, statuary, artwork, or other state property in Capitol Square when a person is convicted of damaging such public buildings or convicted of participating in a riot, remaining at the place of a riot or unlawful assembly, or conspiracy or incitement to produce a riot during which such damage was caused.
A BILL to amend and reenact § 19.2-305.1 of the Code of Virginia, relating to mandatory restitution; damage to Capitol Square or any building, monument, etc., in Capitol Square.15100989D
Patron: Edwards
Publication of unlawful images; venue; penalty. Provides that it is a Class 6 felony for a person to publish on the Internet a videographic or still image made in violation of the current law prohibiting filming, videotaping, or photographing a nonconsenting person in certain situations where there is an expectation of privacy. The bill also provides that venue for prosecution is the same as venue for computer crimes.
A BILL to amend and reenact §§ 18.2-386.1 and 19.2-249.2 of the Code of Virginia, relating to publication of images resulting from unlawful videographic or still images of another; venue; penalty.15100896D
Patron: Edwards
Trafficking in persons; penalties. Creates new felonies for trafficking in persons for forced labor or sexual servitude and adds the new felonies as a predicate criminal act under the criminal gang statute, as racketeering crimes, adds their investigation to the functions of a multijurisdiction grand jury, and also allows seizure and forfeiture of property used in committing such felonies. The new felonies and the existing felony of receiving money for procuring a person are added to the rape shield statute. The bill allows a petition for a child in need of services to be substituted for a delinquency petition for certain minors arrested for prostitution, disallows the release of certain victim information, specifies law-enforcement protocol for victims who may not be legally present, requires persons convicted of the new felonies to pay restitution that compensates for the victim's labor, and creates a civil action for trafficked persons. The Secretary of Public Safety and Homeland Security is required to convene an anti-trafficking committee and the Virginia Prevention of Human Trafficking Victim Fund is created, which will be administered by the Department of Criminal Justice Services.
A BILL to amend and reenact §§ 17.1-805, 18.2-46.1, 18.2-67.7, 18.2-346, 18.2-513, 19.2-11.2, 19.2-215.1, 19.2-305.1, and 19.2-386.35 of the Code of Virginia and to amend the Code of Virginia by adding in Article 8 of Chapter 2 of Title 2.2 a section numbered 2.2-224.2, by adding a section numbered 8.01-42.4, by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.2, by adding in Article 3 of Chapter 4 of Title 18.2 a section numbered 18.2-50.3, and by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.5, relating to trafficking in persons; penalties.15100898D
Patron: Marsden
Arrest photos on Internet; penalty. Makes it a Class 1 misdemeanor for the owner of a website to both post an arrest photo and solicit, request, or accept money for removing the photograph.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of Title 18.2 a section numbered 18.2-511.2, relating to placement and removal of arrest photograph on Internet; penalty.15101234D
Patron: Marsden
Seizure of property; receipt required. Requires the agency seizing property to issue contemporaneously with the seizure, a receipt itemizing the property seized.
A BILL to amend and reenact § 19.2-386.2 of the Code of Virginia, relating to seizure of property; receipt required.15101200D
Patron: Lucas
Arrest without warrant; procedures. Allows the magistrate or other issuing authority to examine the investigating or charging officer rather than the arresting officer in determining whether an arrest warrant or summons should be issued for a person who was arrested without a warrant.
A BILL to amend and reenact § 19.2-82 of the Code of Virginia, relating to procedure upon arrest without warrant; officer to be examined.15101731D
Patron: Marsden
Juvenile offenders; sentence modification. Provides a mechanism for a person convicted of a nonhomicide offense committed on or after January 1, 1995, while the person was a juvenile, and who is sentenced to life or a term of confinement that would be completed after his 60th birthday, to petition for a modification of sentence at age 35 or after serving 20 years of the sentence, whichever occurs later.
A BILL to amend and reenact §§ 17.1-406 and 17.1-410 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-305.5, relating to sentence modification procedure for certain juvenile offenders.15100383D
Patron: Howell
Courthouse security; assessment. Increases from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse security.
A BILL to amend and reenact §53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment.15102438D
Patron: Carrico
Department of State Police; appointment of supervisory officers. Establishes a career progression program for State Troopers and Special Agents based on years of satisfactory service. For State Troopers, the program provides for promotion to the rank of Senior Trooper after 10 years of service and promotion to the rank of Master Trooper after 20 years of service. For Special Agents, the program provides for a salary increase after 10 years and a salary increase and promotion to the rank of Senior Special Agent after 20 years of service. The bill prohibits a sworn employee of the Department from receiving more than two career progression salary increases, regardless of such employee's assignment or promotion to Special Agent.
A BILL to amend and reenact § 52-6.1 of the Code of Virginia, relating to the Department of State Police; appointment of supervisory officers.15100546D
Patron: Edwards
Personal injury and wrongful death actions; disclosure of address of insured person. Requires an insurance company to disclose the address of an alleged tortfeasor upon request of an injured person, personal representative, or attorney in a cause of action for personal injury or wrongful death due to a motor vehicle accident, if such address has not previously been disclosed. The bill also changes the requirement that an insurance company disclose the limits of liability at the time of the accident for any insurance policy that may be applicable to the claim such that the total of "available" rather than "all" medical bills and wage losses equals or exceeds $12,500.
A BILL to amend and reenact § 8.01-417 of the Code of Virginia, relating to personal injury and wrongful death actions; disclosure of address of insured person.15100871D
Patron: Edwards
Tenancy by the entireties; property held in trust. Clarifies that the proceeds of the sale of property held as tenants by the entireties in a trust retain the same immunity from a separate creditor of one spouse as is provided for the property itself. The bill also clarifies that property held in trust where both spouses are beneficiaries of one trust or where each spouse is a beneficiary of a separate trust and the two separate trusts together hold the entire property is a tenancy by the entireties, provided that the other requirements for such a tenancy are met. Finally, the bill clarifies that the creditor protection provided under current law may be waived. The provisions of this bill are declaratory of existing law.
A BILL to amend and reenact § 55-20.2 of the Code of Virginia, relating to tenancy by the entireties; property held in trust.15101140D
Patron: McWaters
Psychiatric treatment of minors; objecting minor; criteria. Amends the criteria for admitting an objecting minor 14 years of age or older for psychiatric treatment to match the criteria for determining whether a nonobjecting minor or a minor younger than 14 years of age should be admitted. Finally, the bill provides that if a minor 14 years of age or older who did not initially object to treatment objects to further treatment, the mental health facility where the minor is being treated shall immediately notify the parent who consented to the minor's treatment and provide to such parent a summary of the procedures for requesting continued treatment of the minor.
A BILL to amend and reenact §§ 16.1-338 and 16.1-339 of the Code of Virginia, relating to psychiatric treatment of minors; objecting minor; criteria.15100950D
Patron: McWaters
Psychiatric treatment of minors; objecting minor; criteria; duration of admission. Increases from 96 to 120 hours the length of time a minor 14 years of age or older who objects to admission for inpatient treatment or who is incapable of making an informed decision may be admitted to a willing mental health facility. The bill also amends the criteria for admitting an objecting minor 14 years of age or older for psychiatric treatment to match the criteria for determining whether a nonobjecting minor or a minor younger than 14 years of age should be admitted. Finally, the bill provides that if a minor 14 years of age or older who did not initially object to treatment objects to further treatment, the mental health facility where the minor is being treated shall immediately notify the parent who consented to the minor's treatment and provide to such parent a summary of the procedures for requesting continued treatment of the minor.
A BILL to amend and reenact §§ 16.1-338 and 16.1-339 of the Code of Virginia, relating to psychiatric treatment of minors; objecting minor; criteria; duration of admission.15101087D
Patron: Favola
Juvenile records; expungement. Provides for the expungement of juvenile records for offenses that would be felony larceny if committed by an adult. Under current law, juvenile records of all delinquent acts that would be a felony if committed by an adult are retained.
A BILL to amend and reenact §§ 16.1-305 and 16.1-306 of the Code of Virginia, relating to expungement of juvenile records; felony larceny offenses.15102958D
Patron: Carrico
Committee on District Courts; district court seal. Requires the Committee on District Courts to adopt an official seal and authorize its use by district court clerks and deputy district clerks.
A BILL to amend and reenact § 16.1-69.33 of the Code of Virginia, relating to Committee on District Courts; district court seal.15100576D
Patron: Favola
State Police; reporting hate crimes. Includes within the definition of "hate crime" a criminal act committed against a person because of sexual orientation or gender identification and requires the reporting of the commission of such crime to the Department of State Police.
A BILL to amend and reenact § 52-8.5 of the Code of Virginia, relating to reporting hate crimes.15102315D
Patron: Edwards
Court costs; expired inspection sticker. Prohibits the court from assessing court costs if the violation for an expired motor vehicle safety inspection sticker is dismissed.
A BILL to amend and reenact § 46.2-1171 of the Code of Virginia, relating to court costs; expired inspection sticker.15102308D
Patron: Edwards
Taking blood samples pursuant to search warrant; qualified immunity. Provides that no civil liability will attach to a person authorized to withdraw blood pursuant to a search warrant if the sample is taken in accordance with recognized medical procedures and no negligence is present. The bill also designates the medical professionals who may take samples and some of the procedures that must be used in taking a sample. The bill includes a Class 3 misdemeanor for reusing single-use-only needles and mirrors language elsewhere in the Code (§ 18.2-268.5) regarding the taking of blood samples for driving under the influence.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-53.1, relating to taking of blood samples pursuant to search warrant; immunity.15102798D
Patron: Stanley
Immunity for volunteer first responders en route to an emergency. Provides that no volunteer firefighter or volunteer emergency services personnel shall be liable for any injury to persons or property arising out of the operation of a motor vehicle when such volunteer is en route to render emergency care or assistance to any ill or injured person at the scene of an accident, fire, or life-threatening emergency, unless such injury results from gross negligence or willful or wanton misconduct.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-225.3, relating to immunity from civil liability; volunteer first responders.15100727D
Patron: Marsden
Capital cases; mental retardation. Requires that the results of an intelligence test given in the process of determining whether a capital case defendant is mentally retarded must be reported as a range of scores calculated by adding to and subtracting from the defendant's test score the standard error of measurement for such test.
A BILL to amend and reenact § 19.2-264.3:1.1 of the Code of Virginia, relating to capital cases; determination of mental retardation.15102310D
Patron: Chafin
Satisfaction of judgment required to be noted by creditor. Requires a creditor to note satisfaction of a judgment only when it has been fully paid.
A BILL to amend and reenact § 8.01-454 of the Code of Virginia, relating to satisfaction of judgment required to be noted by creditor.15102329D
Patron: Chafin
Nurse practitioners. Allows a nurse practitioner to testify as an expert witness in a court of law on certain matters within the scope of his activities and adds nurse practitioner to the definition of "health care provider" under the medical malpractice statutes.
A BILL to amend and reenact §§ 8.01-401.2 and 8.01-581.1 of the Code of Virginia, relating to nurse practitioners; expert witness testimony and health care provider definition.15102330D
Patron: Chafin
Medical malpractice proceedings; health care providers; expert testimony. Provides that medical experts licensed in other states, but not in Virginia, are presumed to know the standard of care in Virginia, provided that they meet the educational and examination requirements for licensure in Virginia. The bill also extends this presumption to all health care providers who are licensed to practice in Virginia. Currently, such presumption is limited to physicians and nurses.
A BILL to amend and reenact § 8.01-581.20 of the Code of Virginia, relating to standard of care in medical malpractice proceedings; health care providers.15102331D
Patron: Chafin
Administration of intestate estate; person convicted of fraud, misrepresentation, robbery, etc. Provides that the clerk of court shall not, in addition to current categories of prohibition, grant administration of an estate to a person convicted of (i) any fraud or misrepresentation in any connection or (ii) robbery, extortion, burglary, larceny, embezzlement, fraudulent conversion, gambling, perjury, bribery, treason, or racketeering, regardless of whether his civil rights have been restored.
A BILL to amend and reenact § 64.2-502 of the Code of Virginia, relating to administration of intestate estate; person convicted of fraud, misrepresentation, robbery, etc.15102341D
Patron: Chafin
Battery; certain local social services workers; penalty. Provides that the penalty for battery of a child protective services worker or foster care worker employed by a local department of social services and engaged in his public duties shall include a term of confinement of 15 days in jail, two days of which is a mandatory minimum term of confinement.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to battery; certain employees of local departments of social services; penalty.15102426D