SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Chairman: Mark D. Obenshain
Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 5, 2018
Time and Place: 8 AM / Senate Room A, Pocahontas Building
Updated to add SB 461 and SB 541
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. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).
Patron: Edwards
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. These prohibitions have been rendered obsolete by the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015). This bill is a recommendation of the Virginia Code Commission.
Patron: Petersen
Appeal to circuit court; failure to appear. Provides that a person's failure to appear in circuit court in accordance with the condition of his bail, recognizance, or promise to appear constitutes a withdrawal of an appeal, provided that the person is notified in writing at the time he notes his appeal that his failure to appear in circuit court constitutes a withdrawal of the appeal. The bill also provides that within 60 days of entering an order affirming the judgment of a district court based on a person's failure to appear, a person who fails to appear may request the court to vacate its order if such failure to appear was not willful.
Patron: Petersen
Release of seized property; petition to stay release. Provides that any property seized shall be released to the owner or lienholder within one year from the date of seizure unless an information has been filed against the property or the attorney for the Commonwealth files a petition to stay the release of such property. The bill provides that such petition shall allege that the property seized is an integral part of an investigation and that such property cannot be returned without jeopardizing such investigation. The bill provides that the owner or lienholder may file a response to the petition within 30 days of the filing of such petition and that, if a response is filed, the Commonwealth must prove by a preponderance of the evidence that the property is an integral part of an investigation.
Patron: Black
School property; unrecorded encumbrances. Provides that whenever a school board or governing body acquires real property for the purpose of constructing a school facility, the real property shall not be subjected to or restricted by any unrecorded covenants, equitable servitudes, or other encumbrances unless such school board or governing body had actual notice of such.
Patron: McClellan
Property conveyance; Department of Conservation and Recreation; Economic Development Authority of Henrico County; White Oak Technology Park. Authorizes the Department of Conservation and Recreation to convey certain real property adjacent to the White Oak Technology Park in Henrico County to the Economic Development Authority of Henrico County in return for the grant of an open space easement and the dedication of a natural area preserve on a portion of the White Oak Technology Park property.
Patron: McDougle
Venue in criminal cases; concurrent jurisdiction; obsolete provisions. Provides that the courts of a locality have concurrent jurisdiction with the courts of any other adjoining locality over criminal offenses committed in or upon the premises, buildings, rooms, or offices owned or occupied by such locality or any officer, agency, or department thereof that are located in the adjoining locality and repeals an existing statute that provides such concurrent jurisdiction for certain enumerated localities. The bill also deletes references to corporation courts, which no longer exist, and repeals several obsolete provisions involving courts not of record that ceased to be applicable in 1980. This bill is a recommendation of the Virginia Code Commission.
Patron: Wexton
Victims of domestic violence; list of local resources. Provides that upon issuance of an emergency, preliminary, or permanent protective order, the court or magistrate shall provide the petitioner with a list of local resources, including contact information for any sexual and domestic violence victim service provider, crime victim and witness assistance program, legal aid or legal services office, crisis intervention hotline, individual support services provider, support groups, or emergency companion services, emergency housing services, or transportation services provider.
Patron: Dance
Direct service providers; disclosure of information by employers. Provides that a current or former employer of a direct service provider may disclose information about the direct service provider's employment to a prospective employer of the direct service provider upon receipt of written, signed consent of the direct service provider and establishes requirements related to such written consent.
Patron: Edwards
Virginia Fraud Against Taxpayers Act; civil penalties; rate of inflation. Raises the amounts for the civil penalties in the Virginia Fraud Against Taxpayers Act from not less than $5,500 and not more than $11,000 to not less than $10,957 and not more than $21,916. The bill also provides that these amounts shall automatically increase as prescribed by the Federal False Claims Act, in which the civil penalties are adjusted to the rate of inflation.
Patron: Obenshain
Involuntary manslaughter; death of a fetus; penalty. Provides that any person who, as a result of driving under the influence, causes the death of the fetus of another is guilty of involuntary manslaughter. The bill provides that if such person's conduct was so gross, wanton, and culpable as to show a reckless disregard for human life, he is guilty of aggravated involuntary manslaughter.
Patron: Obenshain
Court reporters; prohibited actions; civil penalties. Establishes ethical standards and requirements for the provision of court reporting services, including prohibitions against providers of court reporting services (i) providing services if the court reporter is a party to or has a financial interest in the proceeding; (ii) entering into contracts for more than one case, action, or legal proceeding with an attorney, party to an action, insurance company, third-party administrator, or any other person or entity that has a financial interest in the case, action, or legal proceeding; and (iii) providing additional advocacy or litigation support services. The bill provides that a person harmed by a violation of these standards may file a complaint with the administrative body, court, or administrative tribunal in which the action upon which the legal proceeding is based is pending or scheduled to be heard. The bill further provides that a person who violates these standards is subject to a civil penalty of $500 for a first offense, $750 for a second offense, and $1,000 for a third and any subsequent offense, which shall be paid to the Legal Services Corporation of Virginia; additionally, the person's authorization or registration to do business in the Commonwealth may be revoked or suspended.
Patron: Obenshain
Restitution; collection; Criminal Injuries Compensation Fund. Adds to the duties of the Workers' Compensation Commission in its role as administrator of the Criminal Injuries Compensation Fund (Fund) the obligation to identify and locate victims for whom restitution owed to such victims has been deposited into the Fund. The bill provides that clerks shall deposit into the Fund on an annual basis restitution collected for victims who can no longer be identified or located. The bill requires that clerks record the receipt of restitution payments in the Virginia Supreme Court's automated information system and that the restitution form used by the court include the victim's contact information, including address, telephone number, and email address.
Patron: Stuart
Conveyance of certain property in Caledon State Park. Authorizes the Department of Conservation and Recreation to quitclaim and release all of its right, title, and interest in an unimproved parcel of land near the southwest corner of Caledon State Park without consideration.
Patron: Ebbin
Same-sex marriage; gender-neutral terms. 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. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015). The bill also makes conforming changes to various laws involving married individuals and their rights stemming from marriage and makes the laws addressing the property rights of married women applicable to all spouses, removing any sex-based classifications.
Patron: Surovell
Retention of jurisdiction over juvenile offenders. Clarifies that when a juvenile and domestic relations district court obtains jurisdiction in the case of any child, such jurisdiction includes the authority to suspend, reduce, or modify the disposition of any juvenile adjudication until such person reaches 21 years of age, except when the person is in the custody of the Department of Juvenile Justice or the court is divested of jurisdiction.
Patron: Surovell
Qualifications of notary; misdemeanor offense of moral turpitude. Provides that a person who has been convicted of a misdemeanor offense of moral turpitude is not qualified to be commissioned as a notary.
Patron: Newman
Training of law-enforcement officers; reimbursement of costs. Requires a law-enforcement agency in the Commonwealth that hires a law-enforcement officer from another law-enforcement agency to reimburse the agency that funded the training for the costs of the officer's basic law-enforcement training. The amount of the liability shall be reduced by one-fifth for each year that the law-enforcement officer worked for the agency that paid for the training.
Patron: Chafin
Partition; private auction of property. Provides that as an alternative to allocating property for which partition is not practical to one or more of the parties, the court may order a private auction between two or more parties if such parties are financially able to and interested in purchasing such property.
Patron: Stanley
Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of a felony upon a plea of not guilty, a plea of guilty nolo contendere, or an Alford plea, or who was adjudicated delinquent upon a plea of not guilty, a plea of guilty nolo contendere, or an Alford plea, by a circuit court of an offense that would be a felony if committed by an adult, may petition the circuit court to have his conviction vacated. The petition shall allege (i) that the petitioner did not commit the offense for which the petitioner was convicted or adjudicated delinquent; (ii) an exact description of the forensic scientific evidence supporting the allegation that the petitioner did not commit the offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of petitioner's conviction or adjudication of delinquency, or undermines forensic scientific evidence presented at the petitioner's conviction or adjudication of delinquency; and (iv) that the forensic scientific evidence is material and, had it been presented at conviction or adjudication of delinquency, there is a reasonable likelihood that the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by a preponderance of the evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in discretion of the Commonwealth.
Patron: Stanley
Covenants not to compete; physicians. Declares that any covenant not to compete that restricts the right of a physician to practice medicine upon the termination of an employment contract is void. A similar prohibition applies to noncompetition provisions triggered by a physician's dissociation from, or the termination or dissolution of, a business entity. The measure provides that all other provisions of the employment contract or other agreement are enforceable, including provisions that require the payment of damages in an amount that is reasonably related to the injury suffered by reason of termination of the employment contract or the dissociation from or the termination or dissolution of a business entity.
Patron: Edwards
Immunity of employers and potential employers; reports of violent behavior. Provides civil immunity to an employer who makes a report to a potential employer or law-enforcement agency of violent or threatened violent behavior, as defined in the bill, by an employee or former employee, provided that such a report was made in good faith and with reasonable cause to make such report. The bill further provides immunity to a potential employer who receives such a report and takes reasonable action in good faith to respond to the violent or threatened violent behavior noted in such report. The bill further provides that the court shall award reasonable attorney fees and costs to any employer or potential employer who has a suit dismissed against him pursuant to the immunity provided to him.
Patron: Cosgrove
Presentence reports; access by work release programs. Authorizes the court to provide a copy of a presentence report to the director or administrator of a work release program if the person who is the subject of the report is under consideration for participation in such program.
Patron: Peake
Sharing of forfeited assets; report. Provides that a state or local agency that receives a forfeited asset or an equitable share of the net proceeds of a forfeited asset from the Department of Criminal Justice Services (Department) or from a federal asset forfeiture proceeding shall inform the Department (i) whether such forfeited asset or equitable share was associated with a criminal charge and (ii) if such charge led to a conviction. The bill also provides that the Department shall include such information in the annual report that it provides to the Governor and the General Assembly concerning the sharing of forfeited assets.
Patron: McDougle
Marine Resources Commission; conveyance of easement and rights-of-way; Rappahannock River. Authorizes the Virginia Marine Resources Commission to convey to Virginia Electric and Power Company (Dominion Virginia Power) an easement and rights-of-way needed for constructing and maintaining an underground electric transmission line across the Rappahannock River in Middlesex and Lancaster Counties. The bill provides that none of the right-of-way property that lies within the Baylor Survey shall be considered part of the natural oyster beds, rocks, and shoals of the Commonwealth.
Patron: Vogel
Property conveyance; Camp 7 parcel located in Clark County. Authorizes the conveyance of the Camp 7 parcel to Clark County.
Patron: Chase
Retired law-enforcement officers; carrying a concealed handgun; return to work. Clarifies that a retired law-enforcement officer shall surrender his proof of consultation to carry a concealed handgun when he returns to work as a law-enforcement officer. Current law does not specify that his return to work be as a law-enforcement officer.
Patron: Obenshain
Office of the Attorney General; employment of special counsel. Provides that when entering into a contract with special counsel, the Office of the Governor or Office of the Attorney General, as applicable, must make a copy of the contract available to the public on the website of the Governor or the Attorney General. However, the Attorney General may temporarily not disclose such information upon making a written determination that such action is necessary to protect attorney-client or otherwise privileged information or that immediate disclosure of the existence of special counsel, or any other sensitive information, could compromise the initiation, handling, or conclusion of any investigation or case matter handled by the Attorney General or special counsel and might put the Commonwealth and its citizens at a disadvantage. The bill also provides that prior to entering into a contract with special counsel, the Attorney General must make a written determination that the representation is both cost-effective and in the public interest. In addition, the bill (i) requires the Governor and the Attorney General to submit an annual report to the General Assembly describing the use of contracts for special counsel; (ii) provides that the Attorney General, or counsel to the Governor in cases in which the Attorney General has a conflict, shall retain control over special counsel; and (iii) limits the contingency fee that may be charged by special counsel depending on the amount recovered.
Patron: Sturtevant
Calculation of child support obligation; multiple custody arrangements. Establishes methods by which child support obligations can be calculated when multiple custody arrangements exist between parents of children subject to child support orders.
Patron: Sturtevant
Guidelines for the determination of a child support obligation; child support orders. Requires the court or Department of Social Services to attach the guidelines relied upon in computing a child support obligation to any child support order issued by such court or the Department.