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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.
2020 SESSION
Chair: John S. Edwards
Clerk: John Garrett, Alec Fischbein
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 5, 2020
Time and Place: 1/2 hour after adjournment of Senate Sen Room A Pocahontas Bldg
Patron: McClellan
Disorderly conduct in public places; school activities. Eliminates the Class 1 misdemeanor for disrupting willfully or while intoxicated, whether willfully or not, the operation of any school or any school activity conducted or sponsored by any school if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
Patron: McClellan
Reporting lost or stolen firearms; civil penalty. Requires that, if a firearm is lost or stolen from a person who lawfully possessed it, such person shall report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center. A violation is punishable by a civil penalty of not more than $250. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft. The immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.
Patron: Stuart
Deferred disposition in criminal cases. Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability.
Patron: Stuart
Driving under the influence. Provides that the provisions regarding driving or operating a motor vehicle, engine, or train while intoxicated and the provisions regarding operating a motor vehicle by a person under the age of 21 after illegally consuming alcohol shall not apply to any person driving or operating a motor vehicle on his own residential property or the curtilage thereof.
Patron: Cosgrove
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 completion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty 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 guaranty. 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 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 guaranties, or (ii) discovery of the defect or breach of warranty that gave rise to the action. The bill contains technical amendments.
Patron: Petersen
Signature defects on pleadings, motions, and other papers. Clarifies that any pleading, motion, or other paper that is not properly signed is defective and voidable. The bill further provides that failure to timely raise signature defects waives any challenge based on such a defect, and that a signature defect shall be cured within 21 days after it is brought to the attention of the pleader or movant, or the pleading, motion, or other paper that contains the signature defect shall be stricken.
Patron: Chafin
Accounts filed by fiduciaries and reports filed by guardians; penalty. Provides that any account filed by a fiduciary with the commissioner of accounts and annual report filed by a guardian with the local department of social services shall be signed under oath and that the punishment for making a false statement or entry in such a filing is a Class 1 misdemeanor.
Patron: Deeds
Ignition interlock for first offense driving under the influence of drugs. Provides that a court of proper jurisdiction may, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for a first offense driving under the influence of drugs. Under current law, such prohibition is required to be ordered as a condition of a restricted license.
Patron: Deeds
Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. This bill is a recommendation of the Virginia Criminal Justice Conference.
Patron: Stanley
Custodial interrogations; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. This bill is a recommendation of the Virginia Criminal Justice Conference.
Patron: Stanley
Adults sentenced for juvenile offenses; good conduct credit. Provides that an adult sentenced for a juvenile offense can earn good conduct credit at the rate of one day for each one day served, including all days served while confined in jail or secured detention prior to conviction and sentencing, in which the adult has not violated the written rules and regulations of the jail. This bill is a recommendation of the Virginia Criminal Justice Conference.
Patron: Stanley
Accounts filed by fiduciaries and reports filed by guardians; perjury; penalty. Provides that any account filed by a fiduciary with the commissioner of accounts and annual report filed by a guardian with the local department of social services shall be signed under oath under penalty of perjury, the punishment for which is a Class 5 felony. This bill is a recommendation of the Virginia Criminal Justice Conference.
Patron: Stanley
Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. This bill is a recommendation of the Virginia Criminal Justice Conference.
Patron: Stanley
Postrelease incarceration of felons sentenced for certain offenses. Clarifies that offenders who are convicted of knowingly failing to register or reregister with, or knowingly providing materially false information to, the Sex Offender and Crimes Against Minors Registry are subject to added terms of postrelease incarceration. This bill is a recommendation of the Judicial Council.
Patron: Deeds
Voir dire examination of persons called as jurors; criminal case. Allows the court and counsel for either party in a criminal case to (i) ask potential jurors any relevant question to ascertain whether the juror can sit impartially in either the guilt or sentencing phase of the case and (ii) inform any potential juror as to the potential range of punishments to ascertain if the person or juror can sit impartially in the sentencing phase of the case.
Patron: Deeds
Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury. The bill also allows the jury to recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and requires the court to follow such recommendation unless good cause is shown for why the recommendation is inappropriate or unavailable.
Patron: Lucas
Guardianship and conservatorship; supported decision-making alternative. Requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to include in his report to the court information as to whether a supported decision-making agreement, as defined in the bill, is a viable option in lieu of guardianship or conservatorship.
Patron: Cosgrove
Gifts of real estate; title search required for recordation. Provides that no deed of gift conveying real estate shall be recorded unless accompanied by a document certifying that a title search has been completed for the real estate subject to the deed and stating any matters affecting the title of property that were found by the title search.
Patron: Edwards
Immunity of persons; statements regarding matters of public concern or made at a public hearing; special plea to dismiss; stay of discovery. Provides that a person claiming immunity from certain claims for making statements at a public hearing or regarding matters of public concern may file a special plea to dismiss the underlying claim. The bill further provides that, upon the filing of such a plea, discovery related to such underlying claim shall be stayed pending the entry of an order adjudicating the plea. The bill changes from discretionary to mandatory the award of attorney fees to any person who has a suit dismissed against him due to the immunity.
Patron: Kiggans
Powers of special police appointed pursuant to a city charter. Authorizes special police officers appointed by authority of a city charter to issue summonses in lieu of warrants in misdemeanor cases if such officers are in uniform or displaying a badge of office.
Patron: Hashmi
Immunity of persons at public hearing; attorney fees; costs. Allows for the award of reasonable attorney fees and costs to any person who has a subpoena against him quashed in an action for statements made at a public hearing before the governing body of a locality or other local entity when he is immune from liability for such statements. Current law provides for the award of attorney fees and costs upon the dismissal of such an action.
Patron: Hashmi
Appeal from district court; civil cases; notice of docketing. Provides that the clerk of the appellate court to which a civil case is appealed shall provide notice of the docketing of such case to the appellee by certified mail and to the counsel for the parties by regular mail. The bill removes language allowing the clerk to provide such notice by posting it on the front door of the courtroom and instead states that notice shall be made in conformity with provisions for notice for service of process in all civil cases.
Patron: Surovell
Adultery; civil penalty. Reduces the penalty for adultery from a Class 4 misdemeanor to a civil penalty of not more than $250.
Patron: Surovell
Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence.
Patron: Surovell
Authority to defer and dismiss a criminal case. Provides that a trial court presiding in a criminal case may, after any plea or trial, and with or without a determination of guilt, upon its own motion with the consent of the defendant or with the agreement of the defendant and the Commonwealth, defer proceedings or defer entry of a final order of guilt and place the defendant under probation to comply with reasonable terms and conditions as specified by the court that shall include probation and either (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill provides that upon completion of such terms and conditions that court shall adjudicate the matter consistent with those terms and conditions. The bill also defines good cause for purposes of a nolle prosequi.
Patron: Edwards
Department of Criminal Justice Services; crisis intervention team training. Adds the Department for Aging and Rehabilitation Services and brain injury stakeholders to the list of entities with whom the Department of Criminal Justice Services is required to consult in developing a training program for all persons involved in the crisis intervention team programs and requires the curriculum for such training program to include a module on brain injury.
Patron: Edwards
Petition for writ of actual innocence. Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for a writ based on biological evidence if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also (i) allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction, and (ii) eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill provides that the petitioner must prove the allegations supporting either type of writ of actual innocence by a preponderance of the evidence. Currently, the petitioner must prove such allegations by clear and convincing evidence. Finally, the bill clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency.
Patron: Edwards
Driver's license suspensions for certain non-driving-related offenses. Removes the existing provisions that allow a person's driver's license to be 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 have a delayed effective date of September 1, 2020.
Patron: Edwards
Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense; (ii) for non-payment of certain fees owed to a local correctional facility or regional jail; and (iii) for shoplifting motor fuel.
Patron: Edwards
Admissibility of statements of a deceased or incompetent party; hearsay exception. Provides that statements made by a deceased or incompetent party when such party was competent shall not be excluded as inadmissible hearsay, provided that such statements are relevant and otherwise admissible. Under current law, such statements are admissible provided that they are relevant. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Edwards
Limitation on mandatory minimum punishment. Provides that mandatory minimum punishments shall not apply to any sentence imposed for an offense committed on or after July 1, 2020.
Patron: Edwards
Firearms shows; mandatory background check. Requires the Department of State Police to perform a criminal history record information check on the prospective purchaser or transferee prior to the completion of any firearms transaction at a firearms show held in the Commonwealth. Current law requires the Department of State Police to be available at every firearms show held in the Commonwealth to perform criminal history record information checks but does not require such checks to be performed unless requested by a party involved in the transaction.
Patron: Edwards
Appeals of right in general district court; order or judgment altering prior final orders or judgments; separate notices of appeal. Provides that there shall be an appeal of right to a court of record from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order entered or judgment rendered on any issues previously adjudicated on the merits in the prior proceeding. The bill further provides that a party to an action in general district court may file a separate notice of appeal relating to any other final order or judgment entered in an action by filing a notice of appeal within the 10-day appeal of right time period, or within five business days after such notice of appeal is filed, whichever is later.
Patron: Edwards
Juveniles; trial as adult. Increases from 14 years of age to 16 years of age the minimum age at which a juvenile can be tried as an adult in circuit court for a felony.
Patron: Dunnavant
Guardianship; supported decision making. Creates the Supported Decision-Making Act, which allows an adult with an intellectual or developmental disability to enter into an agreement with another person, called a "supporter," for the purposes of having the supporter assist the adult in making decisions to manage his affairs, giving adults who need assistance a less restrictive means of receiving such assistance than being appointed a guardian or conservator by a court.
The bill further requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent, and it requires the guardian ad litem to include in his report to the court information as to whether a supported decision-making agreement is a viable option in lieu of guardianship or conservatorship.
The bill also provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and include the results of his review in the report required to be submitted to the court, and it requires the Superintendent of Public Instruction to prepare transitional materials, including information about supported decision-making agreements and guardianship to be provided to students and parents during the student's annual IEP meeting.
The bill requires the court, upon appointment of a guardian or conservator, to inform such person of his duties and that the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Finally, the bill sets out specific language to be included in all orders of appointment of a guardian.
This bill is a recommendation of the Joint Commission on Health Care.
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 completion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty 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 guaranty. 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 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 guaranties, or (ii) discovery of the defect or breach of warranty that gave rise to the action. The bill contains technical amendments.
Patron: Deeds
Referrals to specialty dockets. Provides that any court may refer a defendant to a local specialty docket if such specialty docket exists within that jurisdiction. The bill provides that a court that has received a referral shall have jurisdiction over the defendant for any matter that does not dispose of a charge or defense for the duration of the referral and shall enter an order making a recommendation for disposing the matter, including any proposed findings of fact, at the end of the referral or any other time as necessary.
Patron: Surovell
Failure to advise of consequences of guilty plea; vacation of conviction. Creates a mechanism for a person who is not a citizen of the United States to vacate a criminal conviction or adjudication of delinquency, other than for a violent felony or an offense that requires sex offender registration, if such person was not advised of the possible adverse consequences of such conviction or adjudication on his immigration status (i) for any conviction of such offense entered on or before July 1, 2019, or (ii) if the petitioner received actual notice that he is subject to deportation or removal from the United States, exclusion from admission to the United States, or denial of naturalization under federal law as a result of entering a plea of guilty or nolo contendere to such offense and such petition is filed within one year after receiving such notice. The bill provides that such person may file a petition with the appropriate circuit court, which may hold a hearing on the petition and either dismiss the petition or vacate the person's conviction or adjudication and order a retrial. The bill also provides that only one such petition may be filed.
Patron: Surovell
Unlawful detainer; expungement. Creates a process by which unlawful detainer actions filed in a general district court that have been dismissed or nonsuited may be expunged upon request of the defendant to such action.
Patron: Surovell
Civil action; sale of personal data. Requires a person that disseminates, obtains, maintains, or collects personal data about a consumer for a fee to implement security practices to protect the confidentiality of a consumer's personal data, obtain express consent of a parent of a minor before selling the personal data of such minor, provide access to consumers to their own personal data that is held by the entity, refrain from maintaining or selling data that it knows to be inaccurate, and provide a means by which a consumer can opt out of the sale of his personal data. The bill provides that a violation could result in a civil penalty of up to $7,500 or damages to be awarded to a consumer. The bill also provides for the award of attorney fees and costs.
Patron: Boysko
Virginia Equal Pay Act; civil penalties. Prohibits public and private employers from discriminating between employees on the basis of membership in a protected class in the payment of wages or other compensation, including benefits, by paying wages or other compensation to employees who are members of a protected class at a rate less than the rate at which it pays wages or other compensation to employees who are not members of the protected class for substantially similar work. The measure also prohibits an employer from (i) discriminating between employees by providing less favorable employment opportunities on the basis of membership in a protected class, (ii) limiting an employee's right to discuss wages, (iii) relying on the wage history of a prospective employee in considering the prospective employee for employment or determining the wages that the prospective employee is to be paid by the employer upon hire, or (iv) taking certain retaliatory actions against an employee. The measure also establishes criteria for when wage differentials between employees are permitted. The measure requires employers to (a) provide a prospective employee with the wage range for the position for which the prospective employee is applying upon request or prior to inquiring about the prospective employee's wage expectations or providing an offer of compensation and (b) maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment for a period of three years. The measure gives an employee who is the subject of a violation a right of action to recover, for certain violations, the greater of compensatory damages or $10,000, liquidated damages, punitive damages, and attorney fees. Violations are also subject to civil penalties.
Patron: Boysko
Arrest and prosecution when experiencing or reporting overdoses. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; intoxication in public; or possession of controlled paraphernalia if (i) such individual (a) seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, or (b) is experiencing an overdose and another individual seeks or obtains emergency medical attention for him; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. Current law provides an affirmative defense to such offenses only when an individual seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose.
Patron: McClellan
Driving while license, permit, or privilege to drive suspended or revoked; mandatory minimum. Eliminates the mandatory minimum term of confinement in jail of 10 days for a third or subsequent conviction of driving on a suspended license.
Patron: McClellan
Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth on behalf of a victim and that the clerk of such court, prior to satisfaction of the judgment and upon written request of the victim, shall enter a judgment in the victim's favor for the amount of unpaid restitution, remove from its automated financial system the amount of unpaid restitution, and record a release of any judgment for restitution previously entered in favor of the Commonwealth on behalf of the victim.
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. The bill also requires the Department to report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms. The bill has a delayed effective date of July 1, 2021, for provisions related to the creation of uniform reporting mechanisms and data collection by the Department.
Patron: McClellan
Custodial interrogations; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. This bill is a recommendation of the Virginia Criminal Justice Conference.
Patron: Stanley
Interlocutory appeals; immunity. Provides that, when the circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, a party may file in such court a motion requesting that the court certify such order or decree for interlocutory appeal. The bill further provides that if such certification is opposed by any party the parties may brief the motion. Within 15 days of the entry of an order granting such certification, a petition for appeal may be filed with the appellate court having jurisdiction from a final judgment in the proceeding. Current law specifies that such petition must be filed within 10 days of such certification. The bill further provides that when, prior to the commencement of trial, the circuit court has entered an order granting or denying a plea of immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. The bill specifies that any person aggrieved by such order may file a petition for review with the appropriate appellate court. The bill provides that the failure of a party to seek interlocutory review shall not preclude review of the issue on appeal from a final order and that an order denying such review shall not preclude review of the issue on appeal from a final order. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Lewis
Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, which is defined in the bill. The bill states that a campground, an owner or operator of a campground, and any employee or officer of a campground shall be immune from civil liability for acts or omissions related to camping at a campground if a person is injured or killed, or the property of an individual or group is damaged, as a result of the inherent risks of camping. An owner or operator of a campground, and any employee or officer of a campground, may be held civilly liable under this section if the person or agents of the campground seeking immunity intentionally cause injury, death, or property damage; act with a willful or wanton disregard for the safety of others or the property of others; or fail to conspicuously post warning signs of a dangerous inconspicuous condition known on the property if the owner of the campground is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury.
Patron: McClellan
Grand larceny; threshold. Increases from $500 to $1,000 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes.
Patron: Lewis
Conveyance of right-of-way usage to certain nonpublic service companies. Allows a 501(c)(4) social welfare organization to obtain a land use permit from the Department of Transportation to use rights-of-way to operate a wholesale open-access fiber network.
Patron: Morrissey
Driving after forfeiture of license. Specifies that a person is guilty of an offense of driving or operating a motor vehicle (i) after his driver's license has been revoked for certain offenses; (ii) in violation of the terms of a restricted license; (iii) without an ignition interlock system if one is required; or (iv) if the person's license had been restricted, suspended, or revoked for certain driving under the influence offenses, with a blood alcohol content of 0.02 percent or more, only if such person was driving or operating the motor vehicle on a highway, as defined in Title 46.2, Motor Vehicles.
Patron: Morrissey
Subpoena duces tecum; attorney-issued subpoena duces tecum; criminal cases. Provides that in any criminal case a subpoena duces tecum may be issued by an attorney who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. The bill provides that any such subpoena duces tecum shall be on a form approved by the Executive Secretary of the Supreme Court, signed by the attorney as if a pleading, and shall include the attorney's address. The bill also provides that the law governing subpoenas duces tecum issued by a clerk shall apply mutatis mutandis and provides a process for objection to such attorney-issued subpoenas.
Patron: Morrissey
Death penalty executions; moratorium. Imposes a moratorium on executions. The bill does not affect any other matter of law related to the death penalty, including bringing and trying capital charges, sentencing proceedings, imposition of the death penalty, appeals of the death penalty, and habeas review. The moratorium will remain in effect until adjournment of the first regular session of the General Assembly after a joint subcommittee established pursuant to a joint resolution passed by the 2020 General Assembly conducts a study of the death penalty in the Commonwealth and issues a report of its conclusions and recommendations.
Patron: Morrissey
Ex parte requests for investigative services or expert assistance in noncapital cases. Allows a defendant or his attorney, when such defendant is charged with a noncapital offense and is financially unable to pay for investigative services or expert assistance, to move a court to conduct an ex parte hearing on a request for such services or assistance. For a motion for investigative services, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists regarding the request for investigative services and, after a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain investigative services upon a showing that the requested services would materially assist the defendant and are necessary in order to guarantee an adequate defense and that the lack of such confidential services would result in a fundamentally unfair trial. For a motion for expert assistance, the bill requires a defendant or his attorney to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court shall hold an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a fundamentally unfair trial.
Patron: Morrissey
Larceny; subsequent offenses; penalty. Eliminates the enhanced Class 6 felony applicable for a third or subsequent offense of petit larceny.
Patron: Morrissey
Discretionary sentencing guidelines worksheets; use by juries. Requires that the jury be given the applicable discretionary sentencing guidelines worksheets during a sentencing proceeding and that the court instruct the jury that the sentencing guidelines worksheets are discretionary and not binding on the jury. The bill requires sentencing guidelines worksheets to be kept confidential by the jurors and filed under seal by the court.
Patron: Morrissey
Sentencing in a criminal case; bifurcated jury trial. Provides that in cases of trial by jury in which the charged offense is not punishable by death and in which a defendant has testified in his case-in-chief, a jury shall render its verdict and its recommended sentence, if applicable, at the same time.
Patron: Morrissey
Behavioral health dockets; established. Establishes, by the Behavioral Health Docket Act (the Act), behavioral health courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of offenders who have mental illness and co-occurring substance abuse issues. The bill establishes a state behavioral health docket advisory committee and requires localities intending to establish such dockets to establish local behavioral health docket advisory committees. The bill gives the Supreme Court of Virginia administrative oversight of the implementation of the Act. The Act is modeled on the Drug Treatment Court Act (§ 18.2-254.1).
Patron: Morrissey
Drug Treatment Court Act; authorization and availability. Provides that any jurisdiction or jurisdictions intending or proposing to establish a drug treatment court shall not be denied permission under the Code of Virginia to establish such court solely on the basis of funding such court. The bill also provides that a drug treatment court shall be available to every defendant irrespective of the jurisdiction.
Patron: Morrissey
Writs of actual innocence. Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for either writ if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ based on biological evidence if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill also clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency. Finally, the bill provides that the circuit court that entered the felony conviction or adjudication of delinquency has original jurisdiction over the writ and that the petitioner may appeal any final order denying such writ to the Court of Appeals as an appeal of right.
Patron: Marsden
Appointment of a guardian ad litem; court-ordered custody and visitation arrangements; best interests of a child; appointment in circuit or district court. Provides that the court may appoint a guardian ad litem to represent the best interests of a child in any case in which the custody or visitation of a child is at issue, regardless of whether the case is in a circuit or district court.
Patron: Stuart
Virginia Fusion Intelligence Center; creation of a Mental Health Crisis Intervention Hotline. Directs the Virginia Fusion Intelligence Center to (i) establish a 24-hour-a-day, seven-day-a-week toll-free Mental Health Crisis Intervention Hotline (the Hotline) to receive anonymous tips regarding individuals suspected to be in need of mental health treatment to facilitate mental health treatment, crisis intervention, and prevention of tragedies and (ii) develop and implement policies and procedures for referring tips received through the Hotline to state or local law enforcement, as may be appropriate, in a timely manner for follow-up and investigation.
Patron: Favola
Fees collected by circuit court clerks for recording and indexing; use of fee in preserving permanent records of the circuit courts. Increases by $2 the fees for the recording and indexing of certain documents. The bill further increases from $1.50 to $3.50 the portion of the recording and indexing fee collected by circuit court clerks that is designated for use in preserving the permanent records of the circuit courts.
Patron: Favola
Circuit court clerk's fee; lodging of wills. Increases from $2 to $5 the fee that the circuit court clerk is required to charge for lodging, indexing, and preserving a will.
Patron: Edwards
Maximum number of judges in each judicial circuit and district. Increases from five to six the number of authorized circuit court judgeships in the twenty-third judicial circuit. The bill also increases from four to five the number of authorized general district court judgeships in the twenty-third judicial district.
Patron: Edwards
Threats and harassment of certain officials and property; venue. Provides that certain crimes relating to threats and harassment may be prosecuted in the City of Richmond if the victim is the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia. In addition, threats to damage property may be prosecuted in the City of Richmond if the property is owned by the Commonwealth and located in the Capitol District.
Patron: Chase
Law-Enforcement Officers Procedural Guarantee Act. Makes several changes to the process and procedures afforded to law-enforcement officers under the Law-Enforcement Officers Procedural Guarantee Act, clarifying several existing rights and setting forth specific procedures for the questioning of officers and the conduct of a disciplinary hearing.
Patron: Chafin
Computer crimes; penalty. Provides that it is a Class 1 misdemeanor for a person to maliciously use an Internet-capable computer as part of a hoax to cause another person to expend monetary funds that would not have been expended if not for the hoax if the person using such computer knew or should have known that the funds would be expended. The bill provides that it is not a defense that the defendant did not receive any direct or indirect benefit from the hoax.
Patron: Marsden
Possession of marijuana; cannabidiol oil or THC-A oil. Provides that no person shall be arrested or prosecuted for possession of marijuana, subject to any civil penalty, denied any right or privilege, or subject to any disciplinary action by a professional licensing board for possessing marijuana in the form of cannabidiol oil or THC-A oil if such person possessed such oil pursuant to a valid written certification issued by a practitioner in the course of his professional practice. The bill also provides that no agent or employee of a pharmaceutical processor shall be arrested or prosecuted for possession or manufacture of marijuana or for possession, manufacture, or distribution of cannabidiol oil or THC-A oil, or subject to any civil penalty, denied any right or privilege, or subject to any disciplinary action by a professional licensing board if such agent or employee (i) possessed or manufactured such marijuana for the purposes of producing cannabidiol oil or THC-A oil or (ii) possessed, manufactured, or distributed such cannabidiol oil or THC-A oil in accordance with law. Current law provides that such possession of marijuana in the form of cannabidiol oil or THC-A oil in such circumstances is an affirmative defense to such charges.
Patron: Stanley
Sentence reductions; substantial assistance to prosecution. Allows a convicted person's sentence to be reduced by the sentencing court if the court determines such person provided substantial assistance in the furtherance of the investigation or prosecution of another person engaged in an act of grand larceny of a firearm, criminal street gang participation, or recruitment of persons for criminal street gangs. Consideration of sentence reduction can occur only upon motion of the attorney for the Commonwealth.
Patron: Obenshain
Wills; presumption of undue influence. Codifies the common law test for establishing undue influence upon a testator in the execution of a will. The bill further provides that if evidence is presented to establish the elements required for such a presumption, a jury sitting as trier of fact shall be instructed that it may presume that the will was executed under undue influence.
Patron: Surovell
Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. Under current law, such order is permitted only where six or more plaintiffs have filed such actions.
Patron: Petersen
Dismissal of action by court without prejudice. Provides that, for good cause shown or upon agreement of all parties, the court may dismiss an action without prejudice and the plaintiff may recommence such action within the original period of limitation.
Patron: Norment
Post-conviction testing of DNA. Permits private laboratories that are accredited and meet FBI quality assurance standards to complete post-conviction testing of DNA evidence.
Patron: Mason
Prohibition against appointing certain persons as guardian or conservator. Prohibits the court from appointing as guardian or conservator for an incapacitated person any attorney who is engaged by the petitioner to represent it in any matter. Such prohibition extends to other attorneys or employees of such attorney's law firm.
Patron: Deeds
Property conveyance; Department of Conservation and Recreation; New River Trail State Park. Authorizes the Department of Conservation and Recreation to convey certain property that was previously conveyed to it by Norfolk Southern Railroad for the New River Trail State Park.