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2017 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Chad Starzer, E. Greenwood
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 30, 2017
Time and Place: 8:00 a.m. Senate Room B

S.B. 841 Marijuana; possession or distribution for medical purposes, affirmative defense for treatment.

Patron: Favola

Possession or distribution of marijuana for medical purposes; affirmative defense for treatment of certain conditions. Provides an affirmative defense to prosecution for possession of marijuana if a person has a valid written certification issued by a practitioner for cannabidiol oil or THC-A oil for treatment of, or to alleviate the symptoms of, cancer, human immunodeficiency virus, acquired immune deficiency syndrome, Tourette syndrome, amyotrophic lateral sclerosis, multiple sclerosis, Crohn's disease, or complex regional pain syndrome. Under current law, only the treatment of intractable epilepsy is covered by the affirmative defense.

A BILL to amend and reenact §§ 18.2-250.1 and 54.1-3408.3 of the Code of Virginia, relating to possession or distribution of marijuana for medical purposes; exceptions.

17101036D

S.B. 858 Discontinued cases; court has discretion to reinstate case.

Patron: Locke

Reinstatement of discontinued cases; court's discretion. Provides that a court has discretion to reinstate a discontinued case where a plaintiff has properly moved for such a case to be reinstated. This bill is in response to JSR Mechanical Inc. v. Aireco Supply, Inc., 786 S.E.2d 144 (Va. 2016).

A BILL to amend and reenact § 8.01-335 of the Code of Virginia, relating to reinstatement of discontinued cases; court's discretion.

17101427D

S.B. 888 Civil immunity; emergency services and communications.

Patron: Chafin

Civil immunity; emergency services and communications. Extends immunity from civil liability to persons involved in providing, operating, or maintaining services or equipment used for emergency assistance, unless the act or omission that gave rise to the injury is a result of such person's gross negligence or willful misconduct. Under current law, such immunity is limited to persons who are communications services providers, a term defined in Title 58.1.

A BILL to amend and reenact § 8.01-225 of the Code of Virginia, relating to civil immunity; emergency services and communications.

17101052D

S.B. 890 Ignition interlock; time for installation.

Patron: Chafin

Ignition interlock; time for installation. Requires a court, upon request of the offender, to delay the installation of an ignition interlock for a period of time not to exceed 15 days from the date of conviction of an offense of driving under the influence. The bill provides that the period of time that the interlock is in effect commences on the date specified in the court order.

A BILL to amend and reenact § 18.2-270.1 of the Code of Virginia, relating to ignition interlock; time for installation.

17100491D

S.B. 914 Reduction of amount of lien for medical services paid for by the Commonwealth.

Patron: Edwards

Reduction of amount of lien for medical services paid for by the Commonwealth. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised by the Attorney General pursuant to § 2.2-514, such lien shall be reduced by an amount proportionate to the amount that costs, expenses, and attorney fees incurred by the injured person bear to the total recovery obtained from the third party.

A BILL to amend and reenact § 8.01-66.9 of the Code of Virginia, relating to reduction of amount of lien for medical services paid for by the Commonwealth.

17100353D

S.B. 927 Eminent domain; timing for initiation of 'quick-take' condemnation procedure for just compensation.

Patron: Petersen

Eminent domain; timing for initiation of "quick-take" condemnation procedure and petition for determination of just compensation. Provides that an authorized condemnor in a "quick-take" condemnation proceeding shall institute such proceedings within 180 days of the recordation of a certificate terminating the interest of the owner of the property. Under current law, such proceedings must be instituted within 60 days after the completion of the construction of the improvements upon the property. The bill further provides that the owner of such property has 180 days after the authorized condemnor has entered upon and taken possession of the property or after the recordation of a certificate to petition the court for a determination of just compensation for the property taken or damaged by the authorized condemnor.

A BILL to amend and reenact §§ 25.1-313 and 25.1-318 of the Code of Virginia, relating to eminent domain; timing for initiation of "quick-take" condemnation procedure and petition for determination of just compensation.

17101891D

S.B. 1044 Secure remote access to nonconfidential court records; date of birth verification.

Patron: Obenshain

Secure remote access to nonconfidential court records; date of birth verification. Provides that nonconfidential court records shall be made available to any third party for the purposes of confirming a person's complete date of birth by secure remote access.

A BILL to amend and reenact §§ 17.1-292, 17.1-293, and 17.1-295 of the Code of Virginia, relating to remote access to nonconfidential court records for date of birth verification.

17102229D

S.B. 1066 Petition for writ of actual innocence.

Patron: Deeds

Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven the allegations supporting the writ by a preponderance of the evidence. Currently, the Court must make such a finding based on clear and convincing evidence.

A BILL to amend and reenact §§ 19.2-327.2, 19.2-327.2:1, 19.2-327.3, and 19.2-327.5 of the Code of Virginia, relating to petition for writ of actual innocence.

17103488D

S.B. 1152 Juvenile offenders; parole eligibility.

Patron: Marsden

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentence, or any person who has active sentences that total more than 20 years for a single or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentences, shall be eligible for parole.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole eligibility for certain offenders convicted of felony offense committed while juveniles.

17101174D

S.B. 1153 Inverse condemnation proceeding; reimbursement of owner's costs.

Patrons: Obenshain, Petersen

Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article I, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013.

A BILL to amend and reenact § 25.1-420 of the Code of Virginia, relating to inverse condemnation proceeding; reimbursement of owner's costs.

17100907D

S.B. 1172 Fare enforcement inspectors; fares for use of mass transit.

Patron: Dance

Fare enforcement inspectors. Provides for the appointment of fare enforcement inspectors to enforce payment of fares for use of mass transit facilities operated anywhere in the Commonwealth. Currently, fare enforcement inspectors may be appointed only in Planning District 8 (Northern Virginia). Under current law, failure of a transit user to pay the fare or produce proof of fare payment to such fare enforcement inspectors carries a civil penalty of not more than $100.

A BILL to amend and reenact § 18.2-160.3 of the Code of Virginia, relating to fare enforcement inspectors.

17100421D

S.B. 1188 Driver's license; suspension of license for nonpayment of fines and court costs.

Patron: Edwards

Driver's license suspensions for certain non-driving related offenses. Removes the existing provision that a person's driver's license is suspended (i) when he is convicted of or placed on deferred disposition for a drug offense and (ii) for violations not pertaining to the operator or operation of a motor vehicle. The provisions of this bill that affect the Code of Virginia have a delayed effective date of September 1, 2017.

A BILL to amend and reenact §§ 18.2-251, 46.2-395, 46.2-410.1, and 46.2-1200.1 of the Code of Virginia and to repeal §§ 18.2-259.1 and 46.2-390.1 of the Code of Virginia, relating to driver's license suspensions for certain non-driving related offenses.

17102797D

S.B. 1210 Unlawful creation of image of another; creates civil action.

Patron: Wexton

Civil action for unlawful creation of image of another. Creates a civil cause of action against individuals who knowingly and intentionally (i) create any videographic or still image of any nonconsenting person who is nude, clad in undergarments, or in a state of undress or (ii) capture an image of a person's intimate parts or undergarments when those captured parts or undergarments would not otherwise be visible to the general public. The bill provides that compensatory and punitive damages may be awarded.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.4, relating to civil action for unlawful creation of image of another.

17102759D

S.B. 1227 Drug Treatment Court Act; eligibility.

Patron: Barker

Drug Treatment Court Act; eligibility. Eliminates the restriction that renders persons convicted of certain violent felonies within the preceding 10 years ineligible to participate in a drug treatment court. Persons convicted of felony acts of violence (i.e, offenses that result in life imprisonment upon conviction of a third offense) within the preceding 10 years remain ineligible to participate in a drug treatment court.

A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to the Drug Treatment Court Act; eligibility.

17101797D

S.B. 1281 Substance abuse treatment upon conviction of a crime; recovery community organization.

Patron: McDougle

Substance abuse treatment upon conviction of a crime; recovery community organization. Authorizes a recovery community organization to provide substance abuse treatment to individuals ordered to such treatment by a court upon conviction or placement on first offender status of such individual for a crime involving controlled substances. The bill defines recovery community organization as a nonprofit organization composed of and governed by representatives of local communities of addiction recovery that offers peer recovery support services for persons with substance abuse and is accredited by the Council on Accreditation of Peer Recovery Support Services.

A BILL to amend and reenact §§ 18.2-251, 18.2-251.01, 18.2-252, 18.2-254, and 18.2-259.1 of the Code of Virginia, relating to substance abuse treatment upon conviction of a crime; recovery community organization.

17103798D

S.B. 1288 Juvenile Justice, Department of; confidentiality of records.

Patron: McDougle

Confidentiality of Department of Juvenile Justice records; community gang task forces. Permits the Department of Juvenile Justice to share, at its discretion, the social reports and records of children who are committed to the Department to community gang task forces, provided that (i) the task force consists of only representatives of state or local government or their direct contractors or (ii) a sworn law-enforcement officer assigned to the task force is present at the task force meeting.

A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to confidentiality of Department of Juvenile Justice records; community gang task forces.

17101610D

S.B. 1305 Persons allowed services without fees or cost; inability to pay on account of poverty.

Patron: Vogel

Inability to pay fees or costs on account of poverty; guidelines. Requires the court to use the guidelines for determining indigency for the appointment of counsel in determining a person's inability to pay fees or costs on account of poverty in a civil action.

A BILL to amend and reenact § 17.1-606 of the Code of Virginia, relating to inability to pay fees or costs on account of poverty; guidelines.

17103129D

S.B. 1310 Search warrants; customer records from financial institutions.

Patron: Norment

Search warrants; customer records from financial institutions. Provides that a search warrant for records pertaining to a customer of a financial institution, money transmitter, commercial business that provides credit reports, or credit card issuer may be executed in the Commonwealth by hand, mail, commercial delivery service, facsimile, or other electronic means. The bill requires the executing officer to file the warrant in the circuit court clerk's office where the warrant was executed within three days after receiving the ordered records. The bill eliminates the requirement that a copy of the warrant be filed where the warrant was issued for all search warrants.

A BILL to amend and reenact §§ 19.2-54 and 19.2-56 of the Code of Virginia, relating to search warrants.

17100910D

S.B. 1317 Spousal support; military disability benefits not considered income.

Patron: Carrico

Spousal support; military disability benefits not considered income. Prohibits combat-related military disability benefits received by either spouse from being used to calculate spousal support.

A BILL to amend and reenact §§ 16.1-278.17:1, 20-103, and 20-107.1 of the Code of Virginia, relating to spousal support; military disability benefits not considered income.

17101233D

S.B. 1330 Critical incident stress management team; peer support team privileged communications.

Patron: Carrico

Critical incident stress management team and critical stress management team privileged communications. Renames critical incident stress management teams "peer support teams" to more accurately reflect the scope of such teams and expands the privileged communications of a peer support team member to all communications made to a member of a peer support team unless such communication is specifically excluded under the privilege. Under current law, the privilege attaches only to communications concerning a critical incident. The bill also specifies that a peer support team shall be headed by a Virginia-licensed clinical psychologist, Virginia-licensed psychiatrist, Virginia-licensed clinical social worker, or Virginia-licensed professional counselor with at least five years of experience as a mental health consultant who works directly with emergency medical services personnel or public safety personnel to meet the accreditation standards.

A BILL to amend and reenact §§ 19.2-271.4 and 32.1-111.3 of the Code of Virginia, relating to critical incident stress management teams and privileged communications of critical stress management teams.

17103838D

S.B. 1333 Garnishment; form of summons, maximum portion of disposable earnings subject to garnishment.

Patron: McDougle

Form of garnishment summons; maximum portion of disposable earnings subject to garnishment. Provides that the form of garnishment summons will state that an employee who makes the minimum wage or less for his week's earnings will ordinarily get to keep 40 times the minimum hourly wage when such earnings are subject to a garnishment, not 30 times as stated in Title 8.01, Civil Remedies and Procedures. The bill is intended to reflect the current statutory requirement for exemptions in Title 34, Homestead and Other Exemptions, and is technical in nature. The bill further directs the Office of the Executive Secretary of the Supreme Court to update the form of garnishment summons accordingly.

A BILL to amend and reenact § 8.01-512.3 of the Code of Virginia, relating to the form of garnishment summons; maximum portion of disposable earnings subject to garnishment.

17101568D

S.B. 1342 District courts; jurisdictional limit does not include any attorney fees.

Patron: Surovell

District courts; attorney fees. Provides that the jurisdictional limit for general district courts does not include any attorney fees. The bill requires that the amount of an appeal bond required for appeals from a district court include any amount awarded for attorney fees in the case.

A BILL to amend and reenact §§ 16.1-77 and 16.1-107 of the Code of Virginia, relating to district courts; attorney fees.

17103446D

S.B. 1352 Capital cases; replacing certain terminology.

Patron: Howell

Capital cases; replacing certain terminology. Replaces the term "mental retardation" in all of its various iterations with a corresponding iteration of the term "intellectual disability" for purposes of the statutes governing capital cases. The U.S. Supreme Court has held in Hall v. Florida, 134 S. Ct. 1986 (2014), that the terms describe the identical phenomenon. This bill is a recommendation of the Virginia State Crime Commission.

A BILL to amend and reenact §§ 8.01-654.2, 18.2-10, 19.2-264.3:1.1, 19.2-264.3:1.2, and 19.2-264.3:3 of the Code of Virginia, relating to capital cases; replacing certain terminology.

17103230D

S.B. 1356 Informal truancy plans; students with multiple discretionary diversions.

Patron: Locke

Informal truancy plans. Provides that a student may have multiple discretionary diversions for truancy so long as no previous diversion occurred during the same school year. The bill extends the time frame for an informal truancy plan from 90 days to 120 days.

A BILL to amend and reenact § 16.1-260 of the Code of Virginia, relating to informal truancy plans.

17101609D

S.B. 1368 Foreclosure advertisements; posted at courthouse and on local government or circuit court website.

Patron: Norment

Foreclosure advertisements; posted at courthouse and on local government or circuit court website. Provides that, in lieu of newspaper advertisements, foreclosure sales shall be advertised at the courthouse and on the website of the public government of the locality served by the court or of the circuit court for the county or city in which the property to be sold is located, and that the clerk shall place a small notice in a newspaper having a general circulation in the city or county in which the property to be sold is located informing the public of the location of such advertisements. The bill has a delayed effective date of January 1, 2018.

A BILL to amend and reenact §§ 55-59.2 and 55-63 of the Code of Virginia, relating to foreclosure advertisements; posted at courthouse and on circuit court website.

17102756D

S.B. 1381 Discontinued cases; court has discretion to reinstate case.

Patron: Mason

Reinstatement of discontinued cases; court's discretion. Provides that a court has discretion to reinstate a discontinued case where a plaintiff has properly moved for such a case to be reinstated. This bill is in response to JSR Mechanical Inc. v. Aireco Supply, Inc., 786 S.E.2d 144 (Va. 2016).

A BILL to amend and reenact § 8.01-335 of the Code of Virginia, relating to reinstatement of discontinued cases; court's discretion.

17102889D

S.B. 1406 Improper driving; penalty.

Patrons: Vogel, Black

Improper driving; penalty. Provides that any person who drives a vehicle on any highway while failing to provide the attention necessary for the safe operation of the vehicle but when such conduct does not constitute reckless driving is guilty of improper driving. The bill provides that improper driving is a punishable as a traffic infraction punishable by a fine of $300. Current law establishes a mechanism by which a person charged with reckless driving may be found guilty of improper driving and not guilty of reckless driving or an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving. The bill leaves that current mechanism in place.

A BILL to amend and reenact § 46.2-869 of the Code of Virginia, relating to improper driving; penalty.

17103061D

S.B. 1407 Human trafficking identification and awareness training; DCJS to adopt regulations.

Patron: Ebbin

Department of Criminal Justice Services; human trafficking identification and awareness training. Requires the Department of Criminal Justice Services (the Department) to adopt regulations that make compulsory for all law-enforcement personnel the Department's training standards regarding sensitivity to and awareness of human trafficking offenses, the identification of human traffickers, and identification of and assistance for victims of human trafficking offenses. Current law requires such training only for personnel in criminal investigations or assigned to vehicle or street patrol duties. The bill also requires the Department to include such human trafficking identification and awareness training as part of the minimum training standards for school security and campus security officers.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; human trafficking identification and awareness training.

17102156D

S.B. 1460 Real property, certain; orders of publication proceeding to enforce lien.

Patron: Lucas

Orders of publication proceeding to enforce lien against certain real property. Provides that an order of publication for the enforcement of a lien for taxes owed on real property that has a value of $50,000 or less may be posted on the website of the local government or circuit court clerk in lieu of publication in a newspaper.

A BILL to amend and reenact § 8.01-321 of the Code of Virginia, relating to orders of publication proceeding to enforce lien against certain real property.

17104138D

S.B. 1481 Judicial Candidate Evaluation Committee; procedures used by the Va. State Bar to evaluate, etc.

Patron: Sturtevant

Judicial Candidate Evaluation Committee; Virginia State Bar. Codifies the procedures used by the State Bar to evaluate and recommend candidates for election by the General Assembly to the appellate courts, the federal courts, and the State Corporation Commission.

A BILL to amend the Code of Virginia by adding in Chapter 39 of Title 54.1 an article numbered 8, consisting of sections numbered 54.1-3945, 54.1-3946, and 54.1-3947, relating to the Judicial Candidate Evaluation Committee; Virginia State Bar.

17103932D

S.B. 1560 Child pornography; accused person possesses and produces pornography, penalties.

Patron: Norment

Possession of child pornography where the accused has produced the child pornography; penalties. Provides that any person who knowingly possesses child pornography that he has produced shall be punished by not less than five years nor more than 20 years in a state correctional facility, two years of which shall be a mandatory minimum term of imprisonment. The bill also provides that any person who knowingly (i) reproduces by any means, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography that he has produced or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer, or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography that he has produced shall be punished by not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. A second or subsequent offense involving the reproduction or attempts to persuade another person to send child pornography that was produced by the offender shall be punished by not less than 10 years nor more than 20 years in a state correctional facility, 10 years of which shall be a mandatory minimum term of imprisonment. The bill provides that any violation involving child pornography that the accused has produced constitutes a separate and distinct offense from other production of child pornography offenses.

A BILL to amend and reenact § 18.2-374.1:1 of the Code of Virginia, relating to possession of child pornography where accused has produced the child pornography; penalties.

17104251D