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2022 SESSION

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Senate Committee on Judiciary

Chair: John S. Edwards

Clerk: Sean Sukol, Warda Asif
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 17, 2022
Time and Place: 9:00 AM / Senate Room A. Virtual public comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 6

Patron: Surovell

Maximum number of judges in each judicial circuit. Increases from six to seven the maximum number of authorized judges in the Thirty-first Judicial Circuit. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact § 17.1-507 of the Code of Virginia, relating to the maximum number of judges in each judicial circuit.

22100512D

S.B. 9

Patron: Petersen

Eminent domain; payment of judgment; attorney fees. Provides for attorney fees to be awarded in eminent domain cases in which there is a judgment for a property owner if such judgment is not paid within the time required by law.

A BILL to amend and reenact § 25.1-247.1 of the Code of Virginia, relating to eminent domain; payment of judgment; attorney fees.

22102162D

S.B. 10

Patron: Hackworth

Termination of power of attorney; conviction of agent for certain offenses. Provides that a power of attorney terminates when, subsequent to the execution of the power of attorney, the agent is convicted of a crime wherein the principal is the victim of such offense.

A BILL to amend and reenact § 64.2-1608 of the Code of Virginia, relating to termination of power of attorney; conviction of agent for certain offenses.

22101233D

S.B. 64

Patron: Surovell

Proceeds of compromise agreements; minors; investment in college savings trust accounts. Permits a court to direct the payment of the proceeds of an approved compromise agreement, in the case of damage to the person or property of a minor, by investment in a college savings trust account for which the minor is the beneficiary pursuant to a college savings trust agreement with the Virginia College Savings Plan, provided that (i) the investment options pursuant to such agreement are restricted to target enrollment portfolios; (ii) the order or decree approving and confirming the compromise requires the minor beneficiary's parent, as that term is defined in relevant law, to act as the custodian of the account; and (iii) except in the case of a distribution from the account to be applied toward the minor beneficiary's qualified higher education expenses, as that term is defined in relevant federal law, the order or decree approving and confirming the compromise prohibits the minor beneficiary's parent from making any transfer, withdrawal, termination, or other account transaction unless the court provides prior approval pursuant to a written order.

A BILL to amend and reenact § 8.01-424 of the Code of Virginia, relating to proceeds of compromise agreements; minors; investment in college savings trust accounts.

22100154D

S.B. 79

Patron: Stanley

Class 1 felonies; mandatory minimum term of imprisonment for life. Provides that any person convicted of a Class 1 felony who was 18 years of age or older at the time of the offense and is not determined to be a person with intellectual disability shall be sentenced to a mandatory minimum term of imprisonment for life.

A BILL to amend and reenact §§ 18.2-10 and 18.2-31 of the Code of Virginia, relating to Class 1 felonies; mandatory minimum term of imprisonment for life.

22101412D

S.B. 83

Patron: Stanley

Mandatory judicial retirement age. Increases the mandatory judicial retirement age from 73 to 75. This increase in mandatory retirement age includes judges subject to mandatory retirement during the 2022 Regular Session of the General Assembly and allows any sitting judge who has attained age 73 and has submitted a notice of retirement but not yet retired to revoke the notice of retirement by written request. The bill requires the revocation of any certification of need to fill the vacancy determined by the Judicial Council or Committee on District Courts based on the original notice of retirement if a written request to revoke the notice of retirement is submitted by the judge. The bill contains an emergency clause.

A BILL to amend and reenact § 51.1-305 of the Code of Virginia, relating to the mandatory judicial retirement age.

22101421D

EMERGENCY

S.B. 104

Patron: Morrissey

Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses; report. Except for aggravated murder of a law-enforcement officer, eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement and to report its findings by November 1, 2022.

A BILL to amend and reenact §§ 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-60.4, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:2, 18.2-67.5:3, 18.2-154, 18.2-186.4, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 19.2-297.1, 46.2-341.28, 46.2-391, 46.2-865.1, and 53.1-203 of the Code of Virginia, relating to elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses.

22100637D

S.B. 105

Patron: Morrissey

Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I; retroactive and prospective effect. Provides that the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, shall be given retroactive and prospective effect.

A BILL to give the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, retroactive and prospective effect.

22102985D

S.B. 106

Patron: Surovell

Retired circuit and district court judges under recall; evaluation; qualification by the Senate Committee on the Judiciary and the House Committee for Courts of Justice. Requires that retired district court judges sitting as substitutes be found qualified every three years by the Senate Committee on the Judiciary and House Committee for Courts of Justice instead of authorized by the Chief Justice of the Supreme Court of Virginia. The bill also requires the Office of the Executive Secretary of the Supreme Court of Virginia to prepare and distribute an evaluation form for each circuit and district court retired judge who has requested to be called upon to sit in recall during his final year of the three-year period following qualification. The bill further requires that the Office of the Executive Secretary of the Supreme Court of Virginia annually prepare and transmit a report including such evaluations conducted that year to the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the first day of the next regular session of the General Assembly.

A BILL to amend and reenact §§ 16.1-69.22:1 and 17.1-106 of the Code of Virginia, relating to retired circuit and district court judges under recall; evaluation; qualification by the Senate Committee on the Judiciary and the House Committee for Courts of Justice.

22100295D

S.B. 109

Patron: Morrissey

Offenders under 21 years of age; 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 under 21 years of age and who has served at least 20 years of such sentence and any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was under 21 years of age and who has served at least 20 years of such sentences shall be eligible for parole. Under current law, such parole provisions apply only to juvenile offenders.

A BILL to amend and reenact §§ 53.1-136 and 53.1-165.1 of the Code of Virginia, relating to offenders under 21 years of age; parole.

22101929D

S.B. 110

Patron: Morrissey

Juvenile offenders; parole eligibility. Provides that any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served the lesser of at least 20 years of such sentences or 30 percent of the term of imprisonment imposed for such sentences shall be eligible for parole. Under current law, such person must have served at least 20 years before becoming parole eligible.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to juvenile offenders; parole eligibility.

22101930D

S.B. 112

Patron: Morrissey

Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995. Repeals the abolition of parole. The bill requires the Virginia Parole Board to establish procedures for consideration of parole for persons who were previously ineligible for parole because parole was abolished and to allow for an extension of time for the scheduling of a parole interview for reasonable cause.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to the application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.

22103312D

S.B. 123

Patron: Obenshain

Criminal cases; sentencing by jury. Provides that if a jury finds a person guilty of a criminal offense, such jury shall ascertain the punishment of the offense. Under current law, unless the accused has requested that the jury ascertain punishment, the court shall fix punishment after the accused has been found guilty by a jury.

A BILL to amend and reenact §§ 19.2-288, 19.2-295, 19.2-295.1, and 19.2-295.3 of the Code of Virginia, relating to criminal cases; sentencing by jury.

22102968D

S.B. 124

Patron: Obenshain

Misuse of power of attorney; financial exploitation; incapacitated adults; penalty. Makes it a Class 1 misdemeanor for any person granted authority to act for a principal under a power of attorney to knowingly or intentionally engage in financial exploitation of an incapacitated adult. The bill also provides that the power of attorney terminates upon such conviction. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 64.2-1608 and 64.2-1621 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-178.2, relating to misuse of power of attorney; financial exploitation; incapacitated adults; penalty.

22100334D

S.B. 134

Patron: Edwards

Juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but less than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency matters to circuit courts, and criminal procedure as currently applies to juveniles only. The bill differentiates between juveniles and underage persons in specific circumstances, including consent for medical or mental health records or procedures, mental health screenings in secure detention facilities, and provisions regarding release on bail or recognizance.

A BILL to amend and reenact §§ 16.1-228, 16.1-241, 16.1-242, 16.1-243, 16.1-247, 16.1-248.1 through 16.1-249, 16.1-250, 16.1-254, 16.1-255, 16.1-256, 16.1-259 through 16.1-263, 16.269.1 through 16.1-272, 16.1-273, 16.1-274.1, 16.1-274.2, 16.1-277.1, 16.1-278.7, 16.1-278.8, 16.1-278.8:01, 16.1-280, 16.1-284, 16.1-284.1, 16.1-285, 16.1-287, 16.1-291, 16.1-292, 16.1-293, 16.1-295, 16.1-296, 16.1-297, 16.1-299, 16.1-299.1, 16.1-302, 16.1-305, 16.1-306 through 16.1-309.1, 16.1-356 through 16.1-360, 66-3, 66-3.2, 66-10, 66-12, 66-13, 66-15, 66-18 through 66-21, 66-22.1, and 66-25.1 through 66-25.1:3 of the Code of Virginia, relating to juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age.

22100118D

S.B. 136

Patron: Edwards

Compensation of court-appointed counsel. Increases the statutory caps for fees paid to court-appointed counsel in indigent cases.

A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.

22100119D

S.B. 150

Patron: Edwards

Department of Forensic Science; DNA data bank sample tracking system. Replaces certain references in the Code to the Local Inmate Data System with references to the Department of Forensic Science DNA data bank sample tracking system.

A BILL to amend and reenact §§ 9.1-176.1, 9.1-903, 16.1-237, 19.2-303, 19.2-303.3, 19.2-310.2, 19.2-310.3, 19.2-310.3:1, and 53.1-145 of the Code of Virginia, relating to the Department of Forensic Science; DNA data bank sample tracking system.

22102341D

S.B. 252

Patron: Edwards

Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses; report. Except for aggravated murder of a law-enforcement officer, eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement and to report its findings by November 1, 2022.

A BILL to amend and reenact §§ 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-60.4, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:2, 18.2-67.5:3, 18.2-154, 18.2-186.4, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 19.2-297.1, 46.2-341.28, 46.2-391, 46.2-865.1, and 53.1-203 of the Code of Virginia, relating to elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses.

22100249D