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2018 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 26, 2018
Time and Place: 9 AM/ Senate Room A, Pocahontas Building

H.B. 181

Patron: Collins

Distracted driving; handheld communications device. Provides that any person who drives a motor vehicle on any highway while using a handheld personal communications device where such use substantially diverts the driver's attention from the operation of the motor vehicle is guilty of distracted driving. Current law prohibits only the reading of an email or text message on the device and manually entering letters or text in the device as a means of communication. The bill provides that distracted driving is punishable as a traffic infraction with a fine of not more than $500 and a mandatory minimum fine of $250 if the violation occurs in a highway work zone.

H.B. 260

Patron: Jones, J.C.

Virginia Critically Missing Adult Alert Program. Creates a program for local, regional, or statewide notification of a critically missing adult, defined as an adult whose whereabouts are unknown, who is believed to have been abducted, and whose disappearance poses a credible threat to his health and safety.

H.B. 277

Patron: Collins

Guardians ad litem for children; report requirements; certification form. Requires guardians ad litem appointed to represent a child in a matter to conduct an investigation in compliance with certain standards. The bill further requires the guardian ad litem to file a copy of any written report directed by the court with the clerk of court. The bill requires the guardian ad litem to furnish a copy of such report to the attorneys representing parties and parties proceeding pro se in the matter prior to any trial or other proceeding or hearing on the matter. The bill provides that, where a written report is not directed, the guardian ad litem shall inform all attorneys representing parties and parties proceeding pro se of any recommendations intended to be made to the court prior to any trial or other proceeding or hearing on the matter. The bill specifies that a guardian ad litem's report shall not be admitted into evidence unless the contents are otherwise established at the trial or other proceeding or hearing on the matter. The bill requires the guardian ad litem to file with the court, with a copy to attorneys representing parties and parties proceeding pro se, a certification form of such guardian's compliance with certain standards, along with a summary of the investigation conducted by such guardian. The bill provides that the court shall grant a continuance as justice requires should such guardian ad litem fail to meet any specified requirements contained in the bill.

H.B. 571

Patron: Habeeb

Unlawful consumption, purchase, or possession of alcohol. Clarifies that it is an affirmative defense to a charge of unlawful consumption, purchase, or possession of any alcoholic beverage if the defendant shows that such consumption, purchase, or possession was allowed under the current exemptions to licensure under the ABC law. The bill provides that it is declaratory of existing law.

H.B. 622

Patron: Bell, Robert B.

Sex offenses prohibiting entry onto school property; penalty. Provides that an adult who has been convicted of any felony offense for which registration on the Sex Offender and Crimes Against Minors Registry is required where the victim of the offense was a minor is guilty of a Class 6 felony if he enters or is present (i) upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property during school hours and during school-related or school-sponsored activities; (ii) upon any property during hours when such property is being used by such a school for school-related or school-sponsored activities; or (iii) on any school bus. Under current law, only an adult who has been convicted of a sexually violent offense is guilty of a Class 6 felony for entering or being present upon such property.

H.B. 672

Patron: Kilgore

Suspension of license for unsatisfied judgments and after certain accidents. Repeals the suspension of license requirement for unsatisfied judgments and after certain accidents. The bill further provides that the Commissioner of the Department of Motor Vehicles shall return or reinstate any person's driver's license that was suspended solely for such purposes.

H.B. 754

Patron: Leftwich

Elective share claim; calculation of the augmented estate. Provides that a surviving spouse claiming an elective share does not have the right to claim a share of the decedent spouse's separate property at death but that the decedent spouse may satisfy the surviving spouse's right to claim a share of marital property with such separate property.

H.B. 757

Patron: Leftwich

Sex offenders in emergency shelters; notification registration. Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify a member of the shelter's staff who is responsible for providing security of such person's status as a registered sex offender. The bill provides that any person who fails to notify the shelter's staff of his status as a registered sex offender is guilty of a Class 1 misdemeanor. The bill provides that the shelter's staff may access the publicly available information on the Sex Offender and Crimes Against Minors Registry regarding such person and use such information to ensure the safety of all persons in the shelter. The bill requires that the Department of State Police provide to any registered sex offender at the time of his initial registration a summary of his obligation to inform the staff of an emergency shelter of his status as a registered sex offender.

H.B. 1126

Patron: Collins

Committee on District Courts; membership. Reduces from two to one the number of senators appointed to the Committee on District Courts (the Committee) and provides for the Speaker of the House of Delegates to appoint the two delegates on the Committee and for the Senate Committee on Rules to appoint the sole senator on the Committee. Currently, the Chairman of the House Committee for Courts of Justice and the Chairman of the Senate Committee for Courts of Justice appoint two delegates and two senators, respectively, to the Committee.

H.B. 1336

Patron: Habeeb

Spoliation of evidence; jury instruction. Provides that if a party has possession, custody, or control of evidence, as specified in the bill, that such party knows or reasonably should know may be material to pending or probable litigation, and such evidence is disposed of, altered, concealed, destroyed, or not preserved by such party, a court may instruct that a jury may infer that, if such evidence had been introduced, such evidence would be detrimental to the case of such party. The bill further provides that the party seeking such instruction need not show that the disposal of, alteration of, concealing of, or failure to preserve such evidence was undertaken intentionally or in bad faith in order for such instruction to be given. The bill serves to overrule a portion of the Supreme Court of Virginia's decision in Emerald Point, LLC v. Hawkins, 2017 Va. Lexis 197.

H.B. 1351

Patron: Davis

Joint legal or physical child custody. Provides that, when determining custody, the court's primary consideration of the best interests of the child shall include whether joint legal or joint physical custody is appropriate.

H.B. 1580

Patron: Cline

Violation of protective order or stalking; third or subsequent offense; penalty. Expands the offenses for which a conviction of a third or subsequent offense, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence and the instant and prior offenses arise out of separate incidents, is a Class 6 felony with a mandatory minimum term of confinement of six months from violating a protective order to any combination of violating a protective order or stalking.

S.B. 995

Patron: Carrico

Regulation of outdoor advertising in sight of public highways; exceptions. Provides that signs that are related to public safety, provide directional information, or provide public information may be situated or installed in highway rights of way. The bill provides that any signs other than those related to public safety, providing directional information, or providing public information may not be situated or installed in highway rights of way. The bill contains an emergency clause.

EMERGENCY