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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: February 16, 2015
Time and Place: 8:00 AM Senate Room B

H.B. 1329 Out-of-state concealed handgun permits; photo identification.

Patron: Ware

Out-of-state concealed handgun permits; photo identification. Removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to out-of-state concealed handgun permits; photo identification.

15101138D

H.B. 1353 Sex Offender and Crimes Against Minors Registry; supplement to Registry.

Patron: Ramadan

Supplement to the Sex Offender and Crimes Against Minors Registry (Robby's Rule). Requires the Superintendent of State Police to establish a supplement to the Sex Offender and Crimes Against Minors Registry that would include information on persons who were convicted of certain sexual offenses on or after July 1, 1980, and before July 1, 1994, who are not currently on the registry. The supplement will be available to the public on the State Police website. Persons whose information is on the Supplement who would be able to petition for removal of their information if they were on the Registry will be able to petition for removal of their information from the Supplement. 

A BILL to amend and reenact § 9.1-918 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 9 of Title 9.1 a section numbered 9.1-923, relating to the Supplement to the Sex Offender and Crimes Against Minors Registry; penalty.

15104484D

H.B. 1366 Sex offenders; prohibiting entry onto school or other property, hearing.

Patron: Campbell

Sex offenses prohibiting entry onto school or other property; hearing. Provides that a sex offender who is prohibited from entering upon school or child day center property who petitions the circuit court for permission to enter such property must cause notice of the time and place of the hearing on his petition to be published once a week for two successive weeks in a newspaper of general circulation. The bill provides that the court may permit any person who attends the hearing to testify regarding the petition. The bill also requires that for a public school the petitioner must provide notice of his petition to the chairman of the school board in addition to the superintendent of public instruction.

A BILL to amend and reenact § 18.2-370.5 of the Code of Virginia, relating to sex offenses prohibiting entry onto school or other property; hearing.

15101126D

H.B. 1427 Death caused by a Schedule I or II controlled substance; penalty.

Patron: Lingamfelter

Felony homicide; felony drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. This bill overrules the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014). This bill incorporates HB 1638 and HB 1937.

A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; felony drug offenses; penalty.

15104750D

H.B. 1445 Marijuana; possession or distribution for medical purposes, treatment of epilepsy.

Patron: Albo

Possession or distribution of marijuana for medical purposes; epilepsy. Provides an affirmative defense in a prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by the Board of Medicine for purposes of treating or alleviating a patient's symptoms of intractable epilepsy. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances outlined in the bill.

A BILL to amend and reenact § 18.2-250.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-3408.3, relating to possession or distribution of marijuana for medical purposes; epilepsy.

15104518D

H.B. 1469 Marriage certificates; listing parties as spouse, bride, or groom.

Patron: Albo

Marriage certificates; names of parties. Provides that marriage certificates issued by the clerk shall, upon request, list the parties as spouse, bride, or groom.

A BILL to amend and reenact § 20-16 of the Code of Virginia, relating to issuance of marriage certificates.

15101321D

H.B. 1476 Nurse practitioners; expert witness testimony, added to definition of health care provider.

Patron: Leftwich

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.

15102197D

H.B. 1493 Real estate licensee; enticing with intent to commit certain felonies, penalty.

Patron: Miller

Enticing persons to dwelling house to commit certain crimes; penalty. Provides that a person who commits certain specified crimes including capital murder, first and second degree murder, murder of a pregnant woman, abduction with intent to extort money for immoral purposes, aggravated malicious wounding, robbery, rape, forcible sodomy, or object sexual penetration within a dwelling house, and who, with the intent to commit such crime, enticed, solicited, requested, or otherwise caused the victim to enter the dwelling house is guilty of a separate and distinct Class 6 felony.

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., another into a dwelling house with intent to commit certain felonies; penalty.

15104568D

H.B. 1499 Breast-feeding in public places; mother's right.

Patron: Albo

Right to breast-feed in public places. Provides that a mother may breast-feed in any place where the mother is lawfully present. Current law allows breast-feeding on any property owned, leased, or controlled by the Commonwealth.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 17, consisting of a section numbered 32.1-370, relating to the right to breast-feed in public places.

15101318D

H.B. 1500 Overdoses; definition, safe reporting by individual.

Patron: Carr

Safe reporting of overdoses. Establishes an affirmative defense to prosecution of an individual for (i) simple possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii) the unlawful purchase, possession, or consumption of alcohol if such individual sought or obtained emergency medical attention for himself or for another individual because of a drug- or alcohol-related overdose and if the evidence for the charge was obtained as a result of the individual seeking or obtaining emergency medical attention. The bill provides that the affirmative defense may only be invoked by an individual who (a) remains at the scene of the overdose or at any location to which he is transported for emergency medical attention until a law-enforcement officer responds to the report of an overdose, (b) identifies himself to the responding law-enforcement officer, and (c) cooperates, upon request, with any criminal investigation reasonably related to the drug or alcohol that resulted in the overdose. No individual may assert this affirmative defense if the emergency medical attention sought or obtained was during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-251.03, relating to safe reporting of overdoses.

15100050D

H.B. 1503 Driving after forfeiture of license; blood alcohol content.

Patron: Albo

Driving after forfeiture of license; blood alcohol content. Provides that there shall be a rebuttable presumption that a person's blood alcohol concentration at the time of the offense is the concentration indicated by a chemical test in any prosecution of (i) a person for operating a motor vehicle after his privilege to do so has been restricted, suspended, or revoked with a blood alcohol concentration (BAC) of 0.02 or more (ii) of a person under the age of 21 for operating a motor vehicle with a blood alcohol concentration (BAC) of 0.02 or more.

A BILL to amend and reenact §§ 18.2-266.1 and 18.2-272 of the Code of Virginia, relating to driving after forfeiture of license; blood alcohol content.

15103755D

H.B. 1506 Deferred and installment payments; condition of all agreements for fines, costs, etc., posting.

Patron: Hope

Deferred and installment payments for fines, costs, etc.; posting. Requires that the guidelines for conditions of all deferred or installment payment agreements for the payment of court-ordered fines or other penalties be reduced to writing as well as posted in the clerk's office and on the court's website, if a website is available.

A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to deferred and installment payments for fines, costs, etc.; posting.

15101086D

H.B. 1533 Obscene sexual display in a public place; third offense, penalty.

Patron: Wright

Obscene sexual display; third offense; penalty. Adds engaging in an obscene sexual display, i.e., actual or explicitly simulated masturbation in a public place, to the list of misdemeanor sex offenses for which the penalty for a third offense of any of the listed offenses committed in a 10-year period is a Class 6 felony.

A BILL to amend and reenact § 18.2-67.5:1 of the Code of Virginia, relating to obscene sexual display; third offense; penalty.

15101625D

H.B. 1578 DNA data bank; State Police to verify receipt of samples from persons on the Sex Offender Registry.

Patron: Watts

DNA data bank; State Police to verify receipt of samples from persons on the Sex Offender Registry. Requires the Department of State Police to verify receipt of DNA samples by the Department of Forensic Science for persons required to register on the Sex Offender and Crimes Against Minors Registry. The bill also requires the State Police to obtain a DNA sample for such persons if one has not been received by the Department of Forensic Science.

A BILL to amend and reenact § 19.2-310.2 of the Code of Virginia, relating to DNA data bank; State Police to verify receipt of sample for persons required to register.

15101853D

H.B. 1601 Uniform Interstate Family Support Act (UIFSA); amends Act to modify current version.

Patron: Watts

Uniform Interstate Family Support Act. Amends the Uniform Interstate Family Support Act (UIFSA) to comply with amendments to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance that were adopted in 2008. The amendments modify the current version of UIFSA's international provisions to comport with the obligations of the United States under the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The bill contains an emergency clause.

A BILL to amend and reenact §§ 20-88.32 through 20-88.35, 20-88.37, 20-88.38, 20-88.40 through 20-88.44, 20-88.47, 20-88.48, 20-88.50, 20-88.51, 20-88.53, 20-88.54, 20-88.56, 20-88.59 through 20-88.64, 20-88.64:3, 20-88.64:4, 20-88.65 through 20-88.73, 20-88.75, 20-88.76, and 20-88.77:3 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 20-88.32:1, by adding in Article 1 of Chapter 5.3 of Title 20 a section numbered 20-88.34:1, by adding in Article 6 of Chapter 5.3 of Title 20 a section numbered 20-88.63:1, by adding in Article 9 of Chapter 5.3 of Title 20 a section numbered 20-88.77:4, and by adding in Chapter 5.3 of Title 20 an article numbered 13, consisting of sections numbered 20-88.83 through 20-88.95; and to repeal Articles 10 (§ 20-88.78) and 12 (§§ 20-88.81 and 20-88.82) of Chapter 5.3 of Title 20 of the Code of Virginia, relating to the Uniform Interstate Family Support Act.

15103897D

EMERGENCY

H.B. 1639 DUI; persons convicted under laws of other states or federal law.

Patron: Miller

DUI; persons convicted under laws of other states or federal law; restricted license; ignition interlock. Provides that a person convicted in a federal court of an offense substantially similar to Virginia's DUI law may petition the general district court that he be assigned to a certified alcohol safety program and issued a restricted driver's license. Currently, only persons convicted in other states of substantially similar DUI offenses may so petition. The bill also requires that, as a condition of a restricted license, a person who has been convicted of a substantially similar DUI offense under the laws of another state or the United States be prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. This bill incorporates HB 2260.

 A BILL to amend and reenact §§ 18.2-271.1 and 46.2-391.01 of the Code of Virginia, relating to DUI; persons convicted under laws of other states or federal law; restricted license; ignition interlock.

15104840D

H.B. 1666 Firearms or ammunition for firearms; petition for permit of restoration of right to possess, venue.

Patron: Fowler

Firearms; restoration of rights; venue. Permits a nonresident of the Commonwealth prohibited from possessing a firearm, ammunition, or a stun weapon because of a felony conviction or a juvenile adjudication of delinquency of certain offenses to petition the circuit court where his last felony conviction or adjudication of delinquency occurred for restoration of his right to possess, transport, or carry a firearm, ammunition or a stun weapon. Current law does not provide for venue for a nonresident's restoration petition. The bill also provides that if a circuit court grants a restoration petition and issues a permit to allow a person to possess, transport, or carry a firearm, ammunition, or a stun weapon, the clerk of the court shall certify and forward a copy of the permit to the Central Criminal Records Exchange.

A BILL to amend and reenact § 18.2-308.2 of the Code of Virginia, relating to petition for permit of restoration of right to possess firearms; venue.

15103756D

H.B. 1693 Civil admission process; alternative transportation.

Patron: Bell, Robert B.

Civil admission process; alternative transportation. Provides that a magistrate may authorize alternative transportation for a person subject to an emergency custody order or temporary detention order when there exists a substantial likelihood that he will cause serious physical harm to himself or others. Current law prohibits the use of alternative transportation when there exists a substantial likelihood that he will cause serious physical harm to himself or others. The bill also provides liability protection for alternative transportation providers.

A BILL to amend and reenact §§ 16.1-340, 16.1-340.2, 16.1-345, 37.2-808, 37.2-810, and 37.2-829 of the Code of Virginia, relating to civil admission process; alternative transportation.

15103368D

H.B. 1694 Temporary detention order; custody.

Patron: Yost

Temporary detention order; custody. Removes the requirement that a person subject to a temporary detention order remain in the custody of the community services board for the duration of the order. This requirement was in conflict with other Code sections that require that such person remain in the custody of law enforcement until custody is transferred to a facility or to an alternative transportation provider.

A BILL to amend and reenact §§ 16.1-340.1:1 and 37.2-809.1 of the Code of Virginia, relating to temporary detention order; custody.

15104167D

H.B. 1702 Firearms; transfer, etc., from licensed dealer.

Patron: DeSteph

Transfer, etc., of firearms from licensed dealer; criminal history record information. Provides that a licensed firearms dealer may perform a criminal history record information check before selling, renting, trading, or transferring any firearm owned by the dealer that is not in his inventory. Current law requires that a dealer perform such a check only if the firearm is from the dealer's inventory.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to transfer, etc., of firearms from licensed dealer; criminal history record information; penalty.

15100323D

H.B. 1767 Unlawful detainer proceedings; satisfaction of judgments.

Patron: Loupassi

Unlawful detainer proceedings; satisfaction of judgments. Makes several changes to the unlawful detainer process: (i) provides that when the defendant does not make an appearance in court, an attorney may submit into evidence documents prepared by the plaintiff; (ii) provides that if a lease requires rent to be due in advance of the first of the month, at the request of the plaintiff, the amount due at the date of the hearing shall include the rent for the entire month and it shall not be prorated and if no such request is made, then the rent shall be prorated as of the date of the hearing; (iii) allows a landlord to present evidence by affidavit; and (iv) clarifies that, for unlawful detainer proceedings, there are separate judgments for money and for possession. The bill also requires a creditor to note satisfaction of a judgment only when it has been fully paid.

A BILL to amend and reenact §§ 8.01-126, 8.01-128, 8.01-454, and 16.1-94.01 of the Code of Virginia, relating to unlawful detainer proceedings; satisfaction of judgments.

15104164D

H.B. 1775 Medical malpractice proceedings; health care providers; expert testimony.

Patron: Campbell

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.

15102738D

H.B. 1794 Foreclosure sale by trustee in execution of deed of trust; advertisement of time-share properties.

Patron: Knight

Advertisement of foreclosure sale by a trustee or trustees in execution of a deed of trust; time-share properties. Allows the optional streamlined advertisement of a time-share property being foreclosed upon, requiring publication of the time, place, and date of sale; identification of the time-share being sold; contact information for obtaining further information about the sale; and a website address where more complete information and documentation can be obtained. The bill is a recommendation of the Virginia Housing Commission.

A BILL to amend and reenact § 55-59.3 of the Code of Virginia, relating to advertisement of time-share estate foreclosure sales.

15101992D

H.B. 1807 Cigarettes; possession with intent to distribute contraband, fraudulent purchase.

Patron: Herring

Cigarettes; possession with intent to distribute contraband; fraudulent purchase; penalties. Lowers the felony threshold for possession with intent to distribute tax-paid cigarettes from 500 cartons to 200 cartons and creates civil penalties for purchasing cigarettes using a business license obtained under false pretenses, a forged or invalid Virginia sales and use tax exemption certificate, or a Virginia sales and use tax exemption certificate obtained under false pretenses. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact § 58.1-1017.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.3, relating to cigarettes; contraband; fraudulent purchase; penalties.

15104699D

H.B. 1808 Missing persons; search and rescue.

Patron: Herring

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. This bill is a recommendation of the Virginia State 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.

15102632D

H.B. 1905 Landlord and tenant law; retaliatory conduct by landlord.

Patron: Lopez

Landlord and tenant law; retaliatory conduct by landlord. Removes the requirement in the Virginia Residential Landlord Tenant Act that the court determine that the "primary" reason for a landlord taking an action for possession or termination of a rental agreement is retaliation. The tenant continues to have the burden of proving retaliatory intent. The bill also adds in landlord and tenant law a provision prohibiting retaliatory conduct by the landlord.

A BILL to amend and reenact § 55-248.39 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-225.18, relating to landlord and tenant law; retaliatory conduct by landlord.

15101453D

H.B. 1927 Criminal cases; venue for prosecution.

Patron: Bell, Robert B.

Venue in criminal cases. Provides that if it cannot readily be determined where a crime was committed in the Commonwealth, venue for the prosecution of the crime may be had in any county or city (i) in which the defendant resides, (ii) in which the defendant is apprehended if he is a nonresident, or (iii) to which the defendant is extradited if he is a nonresident and is apprehended outside of the Commonwealth. The bill also provides that venue for offenses related to a homicide offense may be had in the same county or city as venue for the homicide offense. The bill further provides that venue for homicide offenses may be had in any county or city where any part of the victim's body is found.

A BILL to amend and reenact §§ 19.2-244 and 19.2-247 of the Code of Virginia, relating to venue in criminal cases.

15103490D

H.B. 1928 DNA; analysis upon conviction of certain misdemeanors.

Patron: Bell, Robert B.

DNA analysis upon conviction of certain misdemeanors. The bill adds misdemeanor violations of § 16.1-253.2 (violation of a protective order), 18.2-60.3 (stalking), 18.2-60.4 (violation of a stalking protective order),18.2-67.4:1 (infected sexual battery), 18.2-102 (unauthorized use of animal, aircraft, vehicle, or boat valued at less than $200), 18.2-121 (entering property of another for purpose of damaging it), 18.2-387 (indecent exposure), 18.2-387.1 (obscene sexual display) and 18.2-479.1 (resisting arrest) to the list of offenses for which an adult convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. Under current law, a sample is taken for DNA analysis from adults convicted of only five misdemeanor sex offenses: (i) § 18.2-67.4 (sexual battery), (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 (attempted sexual battery), (iv) § 18.2-130 (peeping), or (v) § 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue).  The bill also increases the fee collected for the withdrawal of the DNA sample from $25 to $53.The provisions of the bill apply only to persons convicted on or after July 1, 2015. This bill incorporates HB 1617.

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

15104864D

H.B. 1964 Commercial sex trafficking; penalties.

Patron: Hugo

Commercial sex trafficking; penalties. Creates new felonies for trafficking of persons for commercial sexual activity. The bill provides that any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a person to engage in prostitution with the intent to receive money or other valuable thing or to assist another in receiving money or other valuable thing from the earnings of the solicited person from an act of prostitution is guilty of a Class 5 felony.  Felonies are increased if such behavior is done by an adult and the person solicited is a minor (Class 3 felony) and if force is used or threatened against the person solicited or the person's family or household member (Class 4 felony). The new crime was added to the definition of violent felony for the purposes of the sentencing guidelines, the Virginia Racketeer Influence and Corrupt Organization Act, multijurisdiction grand jury, and asset forfeiture and if a minor is solicited, the Sex Offender Registry. The bill also amends two existing Code sections on receiving money for procuring a person prostitution and receiving money from the earnings of a person engaged in prostitution to increase penalties if the receipt is from a minor.

A BILL to amend and reenact §§ 9.1-902, 17.1-805, 18.2-46.1, 18.2-356, 18.2-357, 18.2-513, 19.2-215.1, and 19.2-386.35 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-357.1, relating to commercial sex trafficking; penalties.

15104694D

H.B. 1984 Judges; increases mandatory retirement age from 70 to 73.

Patron: Leftwich

Judges; mandatory 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 judges; mandatory retirement.

15104836D

H.B. 2029 Concealed handgun permits; background check, exemption for permit holders.

Patron: Wilt

Concealed handgun permits; fees; background check; exemption for permit holders. Provides that a licensed firearms dealer does not have to have a criminal background check performed to determine a person's eligibility to purchase a firearm if the purchaser possesses a valid concealed handgun permit and presents a photo ID issued by an agency of the Commonwealth or the Department of Defense. The bill increases from $10 to $20 the fee charged by the circuit court clerk for processing an application and issuing a permit. The bill also sets at $30 the maximum fee that is charged for conducting a background investigation of an applicant for a concealed handgun permit. Of this maximum $30 fee, $10 must be paid to the State Police to cover its costs associated with processing the application and the local law-enforcement agency may charge a fee not to exceed the remaining $20. The bill also requires that the State Police, in preparing the report from the Central Criminal Records Exchange for the circuit court with regard to an applicant for a concealed handgun permit, shall initiate a search of the National Instant Criminal Background Check System for purposes of obtaining criminal history record information regarding the applicant. The bill also provides that an applicant for a concealed handgun permit must include his alien number or admission number if he is not a citizen of the United States. Finally, the bill provides that a person is disqualified from obtaining a concealed handgun permit if he is otherwise disqualified from possessing or receiving a firearm pursuant to state or federal law. 

A BILL to amend and reenact §§ 18.2-308.02, 18.2-308.03, 18.2-308.04, 18.2-308.09, and 18.2-308.2:2 of the Code of Virginia, relating to concealed handgun permits; fees; background check; exemption for permit holders.

15104235D

H.B. 2036 Vapor products; prohibits purchase, etc., by minors, liquid nicotine packaging, civil penalty.

Patron: DeSteph

Purchase, etc., of tobacco products by minors; liquid nicotine packaging; civil penalty. Provides that no person shall sell or distribute, or offer for retail sale or distribution, a liquid nicotine container on or after December 1, 2015, unless the liquid nicotine container is packaged in child-resistant packaging and complies with labeling requirements consistent with regulations adopted by the Board of Agriculture and Consumer Services.  Any person who sells or distributes, or offers for retail sale or distribution, a liquid nicotine container on or after December 1, 2015, in packaging that does not meet the child-resistant packaging and labeling requirements is subject to a civil penalty not to exceed $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation. The bill also provides that any adult may sign for tobacco products, nicotine vapor products, or alternative nicotine products purchased through mail order or the Internet. Current law requires the signature of the purchaser.

 A BILL to amend and reenact § 18.2-371.2 of the Code of Virginia and to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 42.1, consisting of sections numbered 3.2-4220 and 3.2-4221, relating to purchase, etc., of tobacco products by minors; liquid nicotine packaging; civil penalty.

15104754D

H.B. 2040 Prostitution, pandering, etc.; increases penalty for several felonies, etc.

Patron: Bell, Robert B.

Pandering; minors; penalty. Increases from a Class 4 felony to a Class 3 felony the penalty for pandering involving a minor.

A BILL to amend and reenact § 18.2-355 of the Code of Virginia, relating to pandering; minors.

15104619D

H.B. 2043 Incarcerated persons; transfer to U.S. Immigration and Customs Enforcement, detainers.

Patron: Bell, Robert B.

Inmates; U.S. Immigration and Customs Enforcement; detainers. Allows the custodian of a state or local inmate to transfer custody of the person to U.S. Immigration and Customs Enforcement no more than five days before the date such inmate would otherwise be released if the custodian receives a detainer from U.S. Immigration and Customs Enforcement.

A BILL to amend the Code of Virginia by adding in Chapter 10 of Title 53.1 a section numbered 53.1-220.2, relating to transfer of incarcerated persons to Immigration and Customs Enforcement.

15103274D

H.B. 2048 Payment of funds into circuit court.

Patron: Bell, Robert B.

Payment of funds into circuit court. Provides that where judgment is taken in the general district court, upon motion of a party for good cause shown, the general district court judge may enter an order directing the clerk of the general district court to hold such funds for a period not to exceed 180 days to enable such party to file a petition requesting that such funds be received and held by the clerk of the circuit court.  

 A BILL to amend and reenact § 8.01-606 of the Code of Virginia, relating to payment of funds into general district court or circuit court.

15104812D

H.B. 2049 Preliminary hearing; certification of ancillary misdemeanor offenses.

Patron: Bell, Robert B.

Preliminary hearing; certification of ancillary misdemeanor offenses. Provides that if, pursuant to a preliminary hearing, a district court certifies felony offenses to be tried in a circuit court, the court shall also certify any ancillary misdemeanor offense for trial in circuit court if the accused and the attorney for the Commonwealth consent to such certification.

A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 19.2 a section numbered 19.2-190.1, relating to preliminary hearing; certification of ancillary misdemeanor offenses.

15101632D

H.B. 2061 Circuit court; electronic filing in civil proceedings.

Patron: Kilgore

Electronic filing in civil proceedings; fee. Increases from $2 to $5 the amount that a circuit court with an established electronic filing system may charge for every civil case initially filed by paper.

A BILL to amend and reenact § 17.1-258.3 of the Code of Virginia, relating to electronic filing in civil proceedings; fee.

15100054D

H.B. 2080 Condominium Act and Property Owners' Association Act; notice of sale under deed of trust.

Patron: Leftwich

Condominium Act and Property Owners' Association Act; notice of sale under deed of trust. Clarifies that the required notice of a sale under a deed of trust applies to individual residential lots located in a development subject to the Property Owners' Association Act. The bill also provides that upon receipt of such notice, the governing body of a unit owners' association or of a property owners' association, on behalf of the association, shall exercise whatever due diligence it deems necessary with respect to the unit or lot subject to such sale to protect the interests of the association. In addition, the bill (i) amends the definition of "unit owner" in the Virginia Condominium Act to include any purchaser of a condominium unit at a foreclosure sale, regardless of whether the deed is recorded in the land records where the unit is located, and (ii) adds a definition of "lot owner" in the Virginia Property Owners' Association Act.

A BILL to amend and reenact §§ 15.2-979, 55-79.41, and 55-509 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-79.84:01 and 55-516.01, relating to the Condominium Act and the Property Owners' Association Act; notice of sale under deed of trust; responsibility of owner.

15104294D

H.B. 2094 Building Code; limitation of prosecution for violations.

Patron: Peace

Limitation of prosecution for Building Code violations. Provides that prosecutions for Building Code violations relating to the maintenance of existing buildings or structures shall commence within one year of the issuance of a notice of violation for the offense by the building official. Under current law, such prosecutions shall commence within one year of the discovery of the offense by the building official.

A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to limitation of prosecution for Building Code violations.

15100512D

H.B. 2329 Protective orders; compensation for required representation of respondents.

Patron: Simon

Protective orders; compensation for required representation of respondents. Provides for the compensation of counsel or a guardian ad litem for the required representation of a respondent in a proceeding for the issuance of a protective order under Chapter 9.1 of Title 19.2.

A BILL to amend the Code of Virginia by adding in Chapter 9.1 of Title 19.2 a section numbered 19.2-152.12, relating to protective orders; compensation for required representation of respondents.

15104498D

H.B. 2385 Wireless telecommunications device; possession, etc., by prisoner, penalty.

Patron: Gilbert

Possession, etc., of wireless telecommunications device by prisoner; penalty. Provides that a person who provides or causes to be provided a wireless telecommunications device to a prisoner or person committed to a juvenile correctional center or a prisoner or committed person who possesses such a device is guilty of a Class 6 felony. Current law prohibits only such provision or possession of cellular telephones.

A BILL to amend and reenact § 18.2-431.1 of the Code of Virginia, relating to possession, etc., of wireless telecommunications device by prisoner; penalty.

15103762D