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2015 SESSION

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Senate Committee on Courts of Justice

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 28, 2015
Time and Place: 1/2 hour after adjournment Senate Room B

S.B. 682 Same-sex marriages; civil unions.

Patron: Ebbin

Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. The prohibition on these relationships contained in Article I, Section 15-A of the Constitution of Virginia is unaffected by this bill.

A BILL to repeal §§ 20-45.2 and 20-45.3 of the Code of Virginia, relating to same-sex marriages; civil unions.

15100387D

S.B. 686 Marijuana; decriminalization of simple marijuana possession, penalty.

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

S.B. 710 Human trafficking; new felonies created, penalties.

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

S.B. 770 Workers' compensation; exclusivity of remedy.

Patron: McEachin

Workers' compensation; exclusivity of remedy. Provides that if a court determines that an accident, disease, injury, or death is barred by the exclusivity provisions of the Workers' Compensation Act, then that finding shall be res judicata between the parties and estop them from arguing before the Workers' Compensation Commission that the accident, injury, or death did not arise out of and in the course and scope of the employee's employment. The measure also provides that if the Commission or a court determines that the accident, injury, or death does not arise out of or in the course and scope of such employee's employment, then that finding shall be res judicata and estop those same parties from arguing before a court that the accident is barred by the Act's exclusivity provisions.

A BILL to amend and reenact § 65.2-307 of the Code of Virginia, relating to the Virginia Workers' Compensation Act; exclusivity of remedies.

15100341D

S.B. 825 Impersonation on social networking site; civil cause of action.

Patron: Martin

Impersonation on social networking site; civil cause of action. Creates a civil cause of action for a person who sustains injury from another person's credible impersonation of him on a social networking site with the intent to maliciously injure or defraud the person impersonated.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.3, relating to digital impersonation; penalty.

15100244D

S.B. 923 Child support; court may order for disabled child over age of 18.

Patron: Wexton

Child support for disabled child over the age of 18 (Conner's Law). Provides that a court may order child support for any child over the age of 18 who is severely and permanently mentally or physically disabled if such disability existed prior to the child reaching the age of 18 or the age of 19 if the child was a full-time high school student, not self-supporting, and was living in the home of the parent seeking child support. Current requirements that the child also be unable to live independently, unable to support himself, and reside in the home of the parent seeking child support remain unchanged.

A BILL to amend and reenact §§ 16.1-278.15, 20-60.3, 20-103, and 20-124.2 of the Code of Virginia, relating to child support for a disabled child.

15102255D

S.B. 943 Firearms; possession or transportation following convictions for certain misdemeanor crimes.

Patron: Favola

Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, assault and battery of a family or household member, or sexual battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his rights to possess or transport a firearm.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.2:3, and 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to possession and transport of firearms following certain convictions; permit to restore rights; penalties.

15102696D

S.B. 957 Child support; court may order for disabled child over the age of 18 (Conner's Law).

Patron: Favola

Child support for disabled child over the age of 18 (Conner's Law). Provides that a court may order child support for any child over the age of 18 who is severely and permanently mentally or physically disabled if such disability existed prior to the child reaching the age of 18 or the age of 19 if the child was a full-time high school student, not self-supporting, and was living in the home of the parent seeking child support. Current requirements that the child also be unable to live independently, unable to support himself, and reside in the home of the parent seeking child support remain unchanged.

A BILL to amend and reenact §§ 16.1-278.15, 20-60.3, 20-103, and 20-124.2 of the Code of Virginia, relating to child support for a disabled child.

15100290D

S.B. 958 Driving while intoxicated; mandatory minimum jail sentence, penalty.

Patron: Lewis

Driving while intoxicated; no driver's license. Requires a 30-day mandatory minimum jail sentence and vehicle forfeiture for DUI defendants who do not hold a valid driver's license or who are not authorized to drive at the time of the offense. A third violation of driving without a license is raised from a Class 1 misdemeanor to a Class 6 felony. A person who drives without a license when he has previously been convicted of DUI and driving without a license for the same event is guilty of a Class 6 felony. The bill also increases from three to 30 the number of days a vehicle is impounded for a person found guilty of driving without a license for the second time. The impoundment will be ended upon acquisition of a driver's license and payment of all fees.

A BILL to amend and reenact §§ 18.2-270, 19.2-386.34, 46.2-300, and 46.2-301.1 of the Code of Virginia, relating to driving while intoxicated; no operator's license; forfeiture; penalties.

15103210D

S.B. 963 Action for personal injury or wrongful death; appointment of administrator.

Patron: Stanley

Action for personal injury or wrongful death; appointment of administrator. Requires a clerk of court who appoints an administrator for the purpose of prosecuting a personal injury or wrongful death action to qualify the administrator to prosecute both types of actions. The bill also requires a personal representative who qualifies as an administrator for this purpose to file an inventory and statement with the commissioner of accounts if funds are recovered in a survival or wrongful death action.

A BILL to amend and reenact §§ 64.2-454 and 64.2-1301 of the Code of Virginia, relating to actions for personal injury and wrongful death; appointment of administrator.

15102668D

S.B. 1098 Youth PROMISE Act; created, report.

Patron: McEachin

Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act (Youth PROMISE Act). Creates the Youth PROMISE Act (the Act) to provide for the development and implementation of evidence-based and promising programs related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives. The Act establishes a PROMISE Advisory Council to (i) assess and develop standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity and (ii) collect data in designated geographic areas to assess such areas' need for and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. The Act authorizes the Director of Juvenile Justice to award grants to local governments to (a) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth, and (b) implement PROMISE plans, developed by local PROMISE Coordinating Panels, for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. The Act establishes a Research Center for Proven Juvenile Justice Practices to provide PROMISE Coordinating Panels and the public with research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention or intervention. The provisions of the bill are contingent on funding in a general appropriation act passed in 2015 that becomes law.

A BILL to amend the Code of Virginia by adding in Title 66 a chapter numbered 4, consisting of sections numbered 66-36 through 66-53, relating to the Youth PROMISE Act.

15101594D

S.B. 1100 Enticing, etc., real estate licensee with intent to commit certain felonies; penalty.

Patron: Obenshain

Enticing, etc., real estate licensee with intent to commit certain felonies; penalty. Criminalizes the conduct of enticing, soliciting, or requesting a real estate licensee to enter a dwelling house in the licensee's professional capacity with the intent to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, carjacking, aggravated malicious wounding, or abduction. A first offense is punishable by a 20-year mandatory minimum sentence and a second offense is punishable by a 40-year mandatory minimum sentence.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 4 of Title 18.2 a section numbered 18.2-50.3, relating to enticing, etc., real estate licensee with intent to commit certain felonies; penalty.

15102587D

S.B. 1113 Impersonation via computer; Class 3 misdemeanor.

Patron: Barker

Impersonation via computer; penalty. Provides that it is a Class 3 misdemeanor for a person to use a computer to knowingly and intentionally assume the identity of another living individual, without authority and with the intent to harm, where a reasonable person would believe that the offender is in fact the individual whose identity is assumed.

A BILL to amend and reenact § 18.2-152.7:1 of the Code of Virginia, relating to impersonation via computer; penalty.

15101635D

S.B. 1148 Restricted driver's license; activities related to seeking employment.

Patron: Stuart

Restricted driver's license; activities related to seeking employment. Adds travel to and from a scheduled job interview or the office of the Virginia Employment Commission for the purpose of seeking employment to the list of purposes for which a court may issue a restricted driver's license.

A BILL to amend and reenact § 18.2-271.1 of the Code of Virginia, relating to allowable purposes for restricted licenses.

15102004D

S.B. 1184 Missing persons; search and rescue.

Patron: McDougle

Missing persons; search and rescue. Provides that no local law-enforcement agency shall establish or maintain any policy that requires a waiting period before accepting a critically missing adult report, and requires a local law-enforcement agency that receives such a report to initiate an investigation of the case within two hours of receipt. The bill defines a critically missing adult as any missing adult 21 years of age or older whose disappearance indicates a credible threat to the health and safety of the adult as determined by a law-enforcement agency and under such other circumstances as deemed appropriate after consideration of all known circumstances. The bill requires the Department of Criminal Justice Services to establish training standards and publish a model policy for missing children, missing adults, and search and rescue protocol. The bill also requires the Department of Emergency Management to establish a Coordinator of Search and Rescue.  The bill is a recommendation of the Virginia Crime Commission.

A BILL to amend and reenact §§ 9.1-102 and 44-146.18 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1718.2, relating to missing persons; search and rescue.

15102884D

S.B. 1187 DNA; analysis upon conviction of certain misdemeanors.

Patron: Obenshain

DNA analysis upon conviction of certain misdemeanors. Adds misdemeanor violations of § 16.1-253.2 (violation of protective orders), 18.2-19 (accessory after the fact), 18.2-60.3 (stalking), 18.2-67.4:1 (infected sexual battery), 18.2-119 (trespass), 18.2-346 (solicitation of prostitution), 18.2-371 (contributing to the delinquency of a minor), 18.2-387 (indecent exposure), or 18.2-387.1 (obscene sexual display) to the list of offenses for which a person convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. The bill also requires such sample be taken from every juvenile convicted of or adjudicated delinquent of a misdemeanor violation of § 16.2-253.2, 18.2-19, 18.2-60.3, 18.2-67.4 (sexual battery), 18.2-67.4:1, 18.2-67.5 (attempt to commit sexual battery), 18.2-119, 18.2-130 (peeping), 18.2-346, 18.2-387, or 18.2-387.1. Under current law, a sample is not taken for DNA analysis from juveniles convicted or adjudicated delinquent of any misdemeanor offenses and is taken from adults convicted of only five misdemeanor sex offenses: (i) § 18.2-67.4, (ii) § 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (iii) § 18.2-67.5, (iv) § 18.2-130, or (v) § 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue). The provisions of the bill apply only to persons convicted or juveniles adjudicated delinquent on or after July 1, 2015.

A BILL to amend and reenact §§ 16.1-299.1, 19.2-310.2, and 19.2-310.7 of the Code of Virginia, relating to DNA analysis upon conviction of certain misdemeanors.

15103491D

S.B. 1188 Sex trafficking; penalties.

Patron: Obenshain

Sex trafficking; penalties. Creates new felonies for trafficking of persons for commercial sexual activity. The bill provides that any person who recruits, transports, harbors, receives, provides, obtains, isolates, maintains, patronizes, solicits, or entices a minor to engage in commercial sexual activity is guilty of a Class 2 felony, the punishment for which includes a mandatory minimum sentence that is based on the age of the minor. The bill also provides that any person who engages in the same conduct with any other person knowing or in reckless disregard of the fact that coercion or fraud will be used to cause such person to engage in commercial sexual activity is guilty of a Class 2 felony. Finally, the bill provides that any person who receives money or its equivalent that he knows or has reason to know was derived from the trafficking of persons for commercial sexual activity is guilty of a Class 3 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-355.1, relating to sex trafficking; penalties.

15103242D

S.B. 1196 Judicial retirement; increases mandatory retirement age.

Patron: Norment

Mandatory judicial retirement. Increases the mandatory retirement age under the Judicial Retirement System from 70 years of age to 73 years of age.

A BILL to amend and reenact § 51.1-305 of the Code of Virginia, relating to mandatory judicial retirement age.

15100967D

S.B. 1296 Death sentence; requirements for imposition.

Patron: McEachin

Death sentence; requirements for imposition. Provides that if a person is convicted of an offense for which the death penalty may be imposed, a sentence of death shall not be imposed unless the Commonwealth presents the court or jury with (i) biological evidence or DNA evidence that connects the defendant to the offense, (ii) a videographic image of a voluntary interrogation and confession of the defendant to the offense, or (iii) a videographic image that conclusively connects the defendant to the offense.

A BILL to amend and reenact § 19.2-264.2 of the Code of Virginia, relating to conditions for imposition of death sentence.

15101595D

S.B. 1297 Stalking; penalty.

Patron: McEachin

Stalking; penalty. Provides that a person who on more than one occasion engages in conduct directed at another person with the intent to coerce, intimidate, or harass, or when he knows or reasonably should know that the conduct will coerce, intimidate, or harass, the other person or the other person's family or household member is guilty of stalking, a Class 1 misdemeanor. Under certain conditions subsequent offenses can be a felony.

A BILL to amend and reenact § 18.2-60.3 of the Code of Virginia, relating to stalking; penalty.

15101603D

S.B. 1298 Incompetent defendants; capital murder charges.

Patron: Ebbin

Incompetent defendants; capital murder. Provides that when an incompetent defendant is charged with capital murder and has been determined to be unrestorably incompetent, the court may order that the defendant receive medically appropriate treatment rather than treatment designed to restore competency and that hearings will be held upon the request of the defendant or his counsel at yearly intervals for five years and biennially thereafter. Under current law, hearings are held every six months.

A BILL to amend and reenact § 19.2-169.3 of the Code of Virginia, relating to disposition of unrestorably incompetent defendants; capital murder.

15102393D

S.B. 1301 Limitations on use of drone aircraft; penalties.

Patron: McEachin

Limitations on use of drone aircraft; penalties. Creates a Class 1 misdemeanor for the operation, manufacture, sale, or distribution of an unmanned aircraft system (drone) as a weapon or to deliver a weapon. The bill provides that no governmental agency or organization having jurisdiction over criminal or regulatory violations, including the Department of State Police, nor any local law-enforcement department, may procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for governmental use of such an aircraft. Law-enforcement officers and other public officials may operate a public unmanned aircraft system and disclose personal information from such operation under certain emergency situations without a warrant. The bill also provides that it is not unlawful for a public institution of higher education or other research organizations and institutions to operate a drone aircraft solely for research and development purposes. The bill contains extensive procedural guarantees against the release of personal information and establishes reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5 and by adding in Title 19.2 a chapter numbered 5.1, consisting of sections numbered 19.2-60.1 through 19.2-60.11, relating to regulation of unmanned aircraft; penalties.

15102937D

S.B. 1316 Circuit court clerks; changes to operation of clerks, including electronic records, fees, etc.

Patron: Stanley

Circuit court clerks; electronic records, fees, etc. Makes various changes to the operations of circuit court clerks, including (i) allowing any agency or instrumentality of the Commonwealth to submit records in electronic form; (ii) providing that the state highway plat book kept in the clerk's office may be produced in paper, microfilm, or electronic form; (iii) providing that the clerk may set a convenience fee for electronic filing of civil or criminal proceedings that is lower than the convenience fee currently charged for payment by debit or credit card; (iv) providing that all unpaid fines and costs be docketed as a judgment against the defendant in favor of the Commonwealth; and (v) repealing a provision of the Code requiring the assessment of an extra $2 fee in certain cases to be deposited into the Intensified Drug Enforcement Jurisdiction Fund.

A BILL to amend and reenact §§ 8.01-446, 17.1-208, 17.1-238, 17.1-275, 17.1-275.5, and 17.1-275.12 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 17.1-258.3:3, and to repeal § 17.1-275.10 of the Code of Virginia, relating to circuit court clerks; electronic records; fees.

15101340D

S.B. 1324 Judges; mandatory retirement.

Patron: Vogel

Judges; mandatory retirement. Increases the mandatory retirement age of judges from 70 to 73 if, for any judge who attains 70 years of age, the General Assembly authorizes the judge to continue serving the current term or upon expiration of the current term elects such judge to an additional term. If so authorized or elected, such judge shall be retired 20 days after the convening of the next regular session of the General Assembly that follows the date such judge attains 73 years of age.

A BILL to amend and reenact § 51.1-305 of the Code of Virginia, relating to judges; mandatory retirement.

15103290D

S.B. 1360 Commonwealth's Attorneys Training Fund.

Patron: Norment

Commonwealth's Attorneys Training Fund. Establishes the Commonwealth's Attorneys Training Fund to be used for the purpose of supporting prosecutor training and law-enforcement training.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 26 of Title 2.2 a section numbered 2.2-2619.1 and by adding in Article 3.1 of Chapter 1 of Title 51.1 a section numbered 51.1-124.37, relating to the Commonwealth's Attorneys Training Fund.

15103706D

S.B. 1433 Protective orders; assault and battery; penalty.

Patron: Carrico

Protective orders; assault and battery; penalty. Provides that a person who is the subject of a protective order who commits an assault and battery resulting in bodily injury on the person protected by the order is guilty of a Class 6 felony. Currently, the assault and battery must result in serious bodily injury in order for the offense to be punishable as a Class 6 felony.

A BILL to amend and reenact §§ 16.1-253.2 and 18.2-60.4 of the Code of Virginia, relating to protective orders; assault and battery; penalty.

15103783D

S.B. 1441 Transfer of firearms at gun shows; voluntary background check; penalties.

Patron: Lucas

Transfer of firearms at gun shows; voluntary background check; penalties. Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if requested by a party involved in a transaction. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-4201.2, relating to firearms shows; voluntary background checks; penalties.

15101393D

S.B. 1454 Driving recklessly with a suspended or revoked license; causing death of another person, penalty.

Patron: Stanley

Driving recklessly with a suspended or revoked license; causing death of another person; penalty. Provides that any person convicted of reckless driving who, when he committed the offense (i) was driving on a suspended or revoked operator's license after having received notice of the suspension or revocation and (ii) as the proximate result of his reckless driving, caused the death of another person is guilty of a Class 6 felony. Currently, a person is only guilty of such felony if his operator's license was suspended or revoked due to a moving violating and his reckless driving was the sole and proximate cause of the other person's death. 

A BILL to amend and reenact § 46.2-868 of the Code of Virginia, relating to driving recklessly with a suspended or revoked license; causing death of another person; penalty.

15104188D