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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2019 SESSION
Chairman: Mark D. Obenshain
Clerk: Hobie Lehman
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 28, 2019
Time and Place: 8 AM / Senate Room A, Pocahontas Building
Updated to add SB 1053
Patron: Peake
Expungement of certain offenses. Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and the person seeking the expungement is at least 21 years of age and has no other alcohol-related convictions.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of certain alcohol offenses.19100230D
Patron: Marsden
Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence, and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences, shall be eligible for parole.
A BILL to amend and reenact §§ 19.2-387, 19.2-389, 19.2-391, 53.1-136, and 53.1-165.1 of the Code of Virginia, relating to juvenile offenders; parole.19101352D
Patron: Dance
Uniform Partition of Heirs Property Act. Creates the Uniform Partition of Heirs Property Act, which preserves the right of a cotenant to sell his interest in inherited real estate, while ensuring that the other cotenants will have the necessary due process, including notice, appraisal, and right of first refusal, to prevent a forced sale. If the other cotenants do not exercise their right to purchase property from the seller, the court must order a partition in kind if feasible, and if not, a commercially reasonable sale for fair market value. The provisions of the bill apply to partition actions filed on or after July 1, 2019.
A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 8.01 an article numbered 9.1, consisting of sections numbered 8.01-93.1 through 8.01-93.11, relating to Uniform Partition of Heirs Property Act.19102872D
Patron: Saslaw
Juveniles; trial as adult. Increases the minimum age that a juvenile can be tried as an adult in circuit court for a felony from 14 years of age to 16 years of age. The bill allows juveniles 14 years of age or older to be tried as an adult for capital murder or first-degree murder or for rape, forcible sodomy, or object sexual penetration when such conviction requires a mandatory minimum term of confinement of 25 years.
A BILL to amend and reenact §§ 16.1-228, 16.1-241, 16.1-249, 16.1-269.1, 16.1-269.3, 16.1-270, 16.1-284.1, 16.1-285.1, 16.1-299.1, 16.1-301, 16.1-302, 16.1-305, 16.1-307, 16.1-309.1, 18.2-308.2, and 18.2-308.2:2 of the Code of Virginia, relating to juveniles; trial as adult.19102938D
Patron: Edwards
Uniform Transfers to Minors Act; age 25. Permits a transferor to transfer property under the Uniform Transfers to Minors Act to an individual under the age of 21 to be paid, conveyed, or transferred to such individual upon his attaining 25 years of age, unless the minor attaining age 21 years of age delivers a written request therefor to the custodian. Under current law, such property must be paid, conveyed, or transferred upon the individual's attaining 18 years of age, or 21 years of age if specifically requested by the custodian.
A BILL to amend and reenact §§ 64.2-1908 and 64.2-1919 of the Code of Virginia, relating to the Uniform Transfers to Minors Act; age 25.19102479D
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.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.10:1, relating to immunity of employers and potential employers; reports of violent behavior.19102632D
Patron: Norment
Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after substantial completion of the work on the project and that no action may be brought by a public body on a warranty or guarantee in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guarantee. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after substantial completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty that gave rise to the action.
A BILL to amend and reenact §§ 2.2-4340, 2.2-4343, and 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4340.1, relating to the Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds.19101482D
Patron: McDougle
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.
A BILL to amend and reenact §§ 19.2-392.2 and 19.2-392.4 of the Code of Virginia, relating to expungement of certain charges and convictions.19101011D
Patron: McDougle
Student offenses reportable by intake officers to school division superintendents. Adds (i) threats of death or bodily injury to another person communicated in writing to such person or member of such person's family and (ii) threats to commit serious bodily harm to persons on school property to the listing of offenses that a juvenile intake officer is required to report to the school division superintendent, when a petition is filed alleging that a juvenile student committed such an offense.
A BILL to amend and reenact § 16.1-260 of the Code of Virginia, relating to student offenses reportable by intake officers to school division superintendents.19101051D
Patron: McDougle
Sex Offender and Crimes Against Minors Registry; registration procedures for change of email address. Provides that any person required to register with the Sex Offender and Crimes Against Minors Registry shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change to the electronic mail address information or any instant message, chat, or other Internet communication name or identity information that the person uses or intends to use, whether within or without the Commonwealth. Under current law, such person is required to reregister within 30 minutes of any change to the electronic mail address information or any instant message, chat, or other Internet communication name or identity information that the person uses or intends to use and has the option of reregistering in person or electronically, if electronic registration is available.
A BILL to amend and reenact § 9.1-903 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; registration procedures for change of email address.19101606D
Patron: Wagner
Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence, and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences, shall be eligible for parole.
A BILL to amend and reenact §§ 19.2-387, 19.2-389, 19.2-391, 53.1-136, and 53.1-165.1 of the Code of Virginia, relating to juvenile offenders; parole.19102091D
Patron: Petersen
Corporal punishment of a child with an object; penalty. Provides that any parent, guardian, or other person responsible for the care of a child under 18 years of age who uses an object to subject a child to corporal punishment, as defined in the bill, is guilty of a Class 4 misdemeanor. The bill also provides that a defendant not previously convicted of corporal punishment of a child with an object may have his charge deferred to enter a treatment program. The charge may be dismissed upon successful completion of the treatment program.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-371.1:1, relating to corporal punishment of a child with an object; penalty.19101645D
Patron: Mason
Sex Offender and Crimes Against Minors Registry; reregistration schedule. Changes the dates for required reregistration of persons on the Sex Offender and Crimes Against Minors Registry (the Registry) from a repeating specified number of days after initial registration to time periods corresponding to such person's birth month and the first letter of such person's last name. The time intervals for reregistration for each of the following four categories of reregistration do not materially change. The bill provides that (i) a person required to register, other than those persons convicted of a sexually violent offense or murder, shall reregister once each year during such person's birth month, current law is once each year from the date of initial registration; (ii) a person convicted of a sexually violent offense or murder shall reregister every three months, beginning in such person's birth month, current law is every 90 days from the date of initial registration; (iii) a person convicted of providing false information or failing to provide registration information, but not convicted of a sexually violent offense or murder, shall reregister every six months beginning with such person's birth month, current law is every 180 days from the date of such conviction; and (iv) a person convicted of providing false information or failing to provide registration information, when such person was included in the Registry for a sexually violent offense or murder, shall reregister every month, current law is every 30 days from the date of such conviction. The bill requires persons with a last name beginning with A through L to register from the first to the fifteenth of each required reporting month and persons with last names M through Z to register from the sixteenth to the last day of the month of each required reporting month.
A BILL to amend and reenact § 9.1-904 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; reregistration schedule.
19103039D
Patron: Stuart
Virginia Board for Court Reporters. Creates the Virginia Board for Court Reporters (the Board) as an independent board to regulate court reporting services in the state. Beginning July 1, 2020, no person may engage in or offer to engage in work as a court reporter unless he has been licensed by the Board. The bill establishes standards of conduct for court reporters and creates the Board for Court Reporters Fund to receive licensing and registration fees to fund the regulatory program.
A BILL to amend and reenact §§ 2.2-3705.3, 2.2-3711, 8.01-405, and 54.1-111 of the Code of Virginia; to amend the Code of Virginia by adding in Title 54.1 a chapter numbered 45, containing articles numbered 1, 2, and 3, consisting of sections numbered 54.1-4500 through 54.1-4521; and to repeal Chapter 10 (§§ 17.1-1000 through 17.1-1005) of Title 17.1 of the Code of Virginia, relating to court reporters; Virginia Board for Court Reporters.19104094D
Patron: Saslaw
Protective orders; possession of firearms; surrender or transfer of firearms; penalties. Provides that a court shall order a person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency, sell or transfer any firearm possessed by such person to a dealer, or sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person will not allow the person subject to a protective order to exert any influence or control over the sold or transferred firearm, or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that within 48 hours after surrendering or selling or transferring all firearms, such person must certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order. The bill also provides that any person subject to a protective order who fails to certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms as well as a process to return such surrendered firearms. The bill also provides that any person who buys or has a firearm transferred to him from a person subject to a permanent protective order and allows the person subject to a protective order to exert any influence or control over the sold or transferred firearm is guilty of a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to protective orders; possession of firearms; surrender or transfer of firearms; penalties.19103735D
Patron: Chafin
Reports to Central Criminal Records Exchange; additional offenses. Adds various criminal offenses to the list of offenses for which a report to the Central Criminal Records Exchange is required. The reports contain such information as is required by the Exchange and are accompanied by fingerprints of the individual arrested. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 19.2-390 of the Code of Virginia, relating to reports to Central Criminal Records Exchange; additional offenses.19104226D
Patron: Obenshain
Assault and battery against a family or household member; enhanced penalty. Reduces from two prior convictions to one prior conviction the required number of prior convictions of assault and battery against a family or household member before the Class 6 felony applies.
A BILL to amend and reenact § 18.2-57.2 of the Code of Virginia, relating to assault and battery against a family or household member; enhanced penalty.19102953D
Patron: Boysko
Newspapers; legal notice and publications; requirements. Alters the requirements for newspapers that may be used for legal notices and publications by (i) changing the publication and circulation requirement from 24 consecutive weeks to at least 50 of the preceding 52 weeks and requiring such publication be in printed form; (ii) requiring that such a newspaper provide general news coverage of the area in which the notice is to be published; (iii) requiring that such newspaper publish the United States Postal Service Statement of Ownership in such newspaper at least once per calendar year and maintain a copy for inspection; and (iv) have a list consisting of a number of paying or requesting subscribers that is equal to or greater than five percent of the households in the jurisdiction where a notice is to be published. The bill further provides that a newspaper that lacks a periodicals permit issued by the United States Postal Service or does not meet the subscriber threshold may petition the circuit court for the jurisdiction in which such notices or publications are to be published, as opposed to where such newspaper is located as current law requires, for the authority to be certified as a newspaper of general circulation. The bill further allows a locality that determines that no newspaper published in such locality otherwise meets the requirements that enable it to be a newspaper for the use of such notices and publications to petition the circuit court in the jurisdiction in which such notices and publications are to be published for the authority to be published in another medium. The bill specifies that such petition shall not be filed without majority approval of the locality's local governing body. The bill requires that any newspaper authorized to publish such notices and publications shall also (a) print such notices and publications in a prominent location in such newspaper with an identifying heading printed in boldface letters no smaller than 24-point type and (b) maintain at least three years' worth of print archives of such newspaper and make such archives available for public inspection. The bill further requires that a newspaper shall post a notice on the newspaper's website, if such a website is published by such newspaper, and on a searchable, statewide repository website established and maintained as a joint venture of the majority of Virginia newspapers as a repository for such notices. The bill provides that any notice published on a website shall be accessible to the public at no charge.
A BILL to amend and reenact § 8.01-324 of the Code of Virginia, relating to newspapers; legal notices and publications; requirements.19104525D
Patron: Boysko
Use of force; data collection and reporting requirement. Requires the Department of State Police to include information regarding the use of force by a state or local law-enforcement officer in the annual Crime in Virginia report when the use of force involves (i) a fatality to a civilian; (ii) serious bodily injury to a civilian; or (iii) in the absence of either death or serious injury, a discharged firearm by a state or local law-enforcement officer at or in the direction of a person. The bill specifies information required to be included in such incident report. The bill subjects the Department of Corrections and administrators of local correctional facilities and regional jails to similar reporting requirements.
A BILL to amend the Code of Virginia by adding sections numbered 52-28.3, 53.1-29.1, and 53.1-124.1, relating to use of force; data collection and reporting requirement.19104536D
Patron: Cosgrove
Specialty dockets; report. Requires the Office of the Executive Secretary of the Supreme Court to develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local specialty dockets established in accordance with the Rules of Supreme Court of Virginia and submit a report of these evaluations to the General Assembly by December 1 of each year.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-254.2, relating to specialty dockets; report.19101131D
Patron: Marsden
Juveniles; trial as adult. Increases from age 14 to age 16 the minimum age at which a juvenile must be tried as an adult in circuit court for murder or aggravated malicious wounding or for certain charges requiring notice of intent to try such juvenile as an adult by the attorney for the Commonwealth. In order to be tried as an adult in circuit court for charges that require notice of intent to proceed with trial as an adult by the attorney for the Commonwealth, the bill requires that (i) a report of the juvenile be prepared by probation services or other qualified agency and (ii) the attorney for the Commonwealth review such report prior to filing his notice of intent to proceed with a preliminary hearing for trial of such juvenile as an adult.
A BILL to amend and reenact §§ 16.1-241, 16.1-269.1, 16.1-269.2, and 16.1-277.1 of the Code of Virginia, relating to juveniles; trial as adult.19103696D
Patron: Dance
Nonpayment of child support; amount of arrearage paid; time period to pay arrearage; repayment schedule; suspension of driver's license. Provides that an individual who is delinquent in child support payments or has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings is entitled to a judicial hearing if he makes a written request within 30 days from service of a notice of intent to suspend or renew his driver's license. Current law provides such an entitlement if such request is made within 10 days from such notice. The bill further allows the Department of Motor Vehicles to renew a driver's license or terminate a license suspension imposed on an individual if such individual has reached an agreement with the Department of Social Services to satisfy the child support payment delinquency within a 15-year period, an increase of five years over the period allowed under current law, and has made at least one payment of at least five percent of the total delinquency or $600, whichever is less, as opposed to whichever is greater under current law, under such agreement. The bill further provides that, where such a repayment agreement has been entered into and such an individual has failed to comply with such agreement, the Department of Motor Vehicles shall suspend or refuse to renew such individual's driver's license until it has received certification from the Department of Social Services that such individual has entered into a subsequent agreement to pay within a period of 10 years, an increase of three years over the period allowed under current law, and has paid the lesser amount, as opposed to greater amount under current law, of at least one payment of $1,200 or seven percent, as opposed to five percent under current law, of the current delinquency. The bill provides that an individual who fails to comply with such a subsequent agreement may enter into a new agreement if such individual has made a payment in the lesser amount, as opposed to the greater amount under current law, of $1,800 or 10 percent, as opposed to five percent under current law, and agrees to a repayment schedule of not more than seven years, which is consistent with the timeframe provided by the current law.
A BILL to amend and reenact § 46.2-320.1 of the Code of Virginia, relating to nonpayment of child support; amount of arrearage paid; time period to pay arrearage; repayment schedule; suspension of driver's license.19103983D
Patron: McClellan
Bail; data collection and reporting standards; report. Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person who is held in custody pending trial or hearing for an offense, civil or criminal contempt or otherwise, in every locality; (ii) create a uniform reporting mechanism for criminal justice agencies to submit such data; and (iii) submit an annual report on the data collected to the Governor and the General Assembly, as well as publish the annual report on the Department's website. The bill also provides that the law addressing bail is to be construed so as to give effect to a general presumption in favor of pretrial release.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-119.1 and by adding in Article 1 of Chapter 9 of Title 19.2 a section numbered 19.2-134.1, relating to bail; data collection and reporting standards; report.19104431D
Patron: Edwards
Law-Enforcement Officers Procedural Guarantee Act; hearing panel decisions; finality and enforcement. Makes final and binding the decision of the hearing panel conducting a hearing to review an action that dismisses, demotes, suspends, or transfers a law-enforcement officer for punitive reasons, if such decisions are consistent with law and written policy. Under current law, the hearing panel only provides advisory recommendations. The bill allows either party to the hearing to petition the circuit court of the locality in which the grievant is employed for an order requiring the implementation of the final decision of the hearing panel.
A BILL to amend and reenact § 9.1-504 of the Code of Virginia, relating to Law-Enforcement Officers Procedural Guarantee Act; hearing panel decisions; finality and enforcement.19104419D
Patron: Reeves
Simulated gambling. Defines "simulated gambling" and "simulated gambling device."
A BILL to amend and reenact § 18.2-325 of the Code of Virginia, relating to simulated gambling.19104327D
Patron: Ebbin
Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities and also to assault firearms. The bill redefines "assault firearm" by reducing the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" from more than 20 to more than 10 and prohibits any person from knowingly and intentionally possessing or transporting any assault firearm or from knowingly and intentionally carrying about his person, hidden from common observation, an assault firearm. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person.
A BILL to amend and reenact §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:2, 18.2-308.7, and 18.2-308.8 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-309.1, relating to prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties.
19104267D
Patron: Surovell
Custody and visitation arrangements; best interests of the child; domestic abuse; child abuse. Requires the court to consider domestic abuse, defined in the bill, and child abuse, in addition to family abuse and sexual abuse in current law, when determining the best interests of the child for the purposes of custody and visitation arrangements.
A BILL to amend and reenact §§ 16.1-228 and 20-124.3 of the Code of Virginia, relating to custody and visitation arrangements; best interests of the child; domestic abuse; child abuse.19104232D
Patron: Surovell
Custody and visitation cases; jurisdiction of court. Requires a circuit or district court in which there is a proceeding related to the custody or visitation of a child, upon the request of any party, to make any finding of fact required by state or federal law to permit such minor to apply for a state or federal benefit.
A BILL to amend and reenact § 20-124.2 of the Code of Virginia, relating to custody and visitation cases; jurisdiction of court.19100235D
Patron: Saslaw
Grounds for divorce; cruelty, abuse, desertion, or abandonment; waiting period. Eliminates the one-year waiting period for being decreed a divorce on the grounds of cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment by either party.
A BILL to amend and reenact § 20-91 of the Code of Virginia, relating to grounds for divorce; cruelty, abuse, desertion, or abandonment; waiting period.19104459D
Patron: Obenshain
Notaries; qualifications. Removes the provision allowing a person who has been convicted of a felony to be qualified to be commissioned as a notary if his rights have been restored by the Governor.
A BILL to amend and reenact §§ 47.1-4 and 47.1-23 of the Code of Virginia, relating to notaries; qualifications.19103645D