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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.
2022 SESSION
Chair: John S. Edwards
Clerk: Sean Sukol, Warda Asif
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 24, 2022
Time and Place: 8:00 AM / Senate Room A. Virtual public comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Ruff
Abuse and neglect of a child; safe haven defense. Increases from 14 days to 30 days the maximum age of an infant whom a parent may voluntarily deliver to a hospital or emergency medical services agency and claim an affirmative defense to prosecution for abuse or neglect if such prosecution is based solely upon the parent's having left the infant at such facility.
A BILL to amend and reenact §§ 16.1-228, 18.2-371, 18.2-371.1, 40.1-103, and 63.2-100 of the Code of Virginia, relating to abuse and neglect of a child; safe haven defense.22103521D
Patron: Obenshain
Killing the fetus of another; manslaughter; penalties. Provides that any person who kills the fetus of another by an intentional act committed while in the sudden heat of passion upon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that any person who kills the fetus of another accidentally, contrary to the intention of the parties and while engaged in conduct so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of involuntary manslaughter, which is also punishable as a Class 5 felony.
A BILL to amend and reenact § 18.2-32.2 of the Code of Virginia, relating to killing the fetus of another; manslaughter; penalties.22103058D
Patron: Hanger
Killing the fetus of another; manslaughter; penalties. Provides that any person who kills the fetus of another by an intentional act committed while in the sudden heat of passion upon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that any person who kills the fetus of another accidentally, contrary to the intention of the parties and while engaged in conduct so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of involuntary manslaughter, which is also punishable as a Class 5 felony.
A BILL to amend and reenact § 18.2-32.2 of the Code of Virginia, relating to killing the fetus of another; manslaughter; penalties.22102069D
Patron: Peake
Permanent protective orders; contact between petitioner and respondent. Provides that when issuing a permanent protective order a court may impose certain conditions on the petitioner, including (i) prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) prohibiting such contacts by the petitioner with the respondent or family or household members of the respondent as the court deems necessary for the health or safety of such persons; and (iii) any other relief necessary to prevent (a) acts of violence, force, or threat, (b) criminal offenses that may result in injury to person or property, or (c) communication or other contact of any kind by the petitioner.
A BILL to amend and reenact § 19.2-152.10 of the Code of Virginia, relating to permanent protective orders; contact between petitioner and respondent.22102835D
Patron: Peake
Safe haven protections; newborn safety device. Provides an affirmative defense in certain criminal prosecutions and civil proceedings regarding child abuse or neglect to a parent who safely delivers his child within the first 30 days of the child's life to a newborn safety device located at a hospital that provides 24-hour emergency services or at an attended emergency medical services agency that employs emergency medical services personnel. The bill also provides civil and criminal immunity to such hospitals and emergency medical services agencies for injuries to children received through such newborn safety devices, provided that (i) the injuries are not the result of gross negligence or willful misconduct and (ii) the hospital or emergency medical services agency meets certain requirements regarding the establishment, functioning, and testing of the device. Current law requires the child to be delivered within the first 14 days of the child's life at such hospital or emergency medical services agency.
A BILL to amend and reenact §§ 8.01-226.5:2, 16.1-228, 18.2-371, 18.2-371.1, 40.1-103, and 63.2-100 of the Code of Virginia, relating to save haven protections; newborn safety device.22102957D
Patron: Mason
Public auction of personal property to satisfy lien; advertisement requirement; website. Allows an advertisement for the public auction of personal property to satisfy a lien to be published on a publicly accessible website that conducts property sales. Under current law, an advertisement is required to be published in a newspaper of general circulation.
A BILL to amend and reenact § 55.1-2902 of the Code of Virginia, relating to public auction of personal property to satisfy lien; advertisement requirement; website.22104052D
Patron: Obenshain
Misdemeanor sexual offenses where the victim is a minor; statute of limitations; penalty. Provides that the prosecution of the misdemeanor offense of causing or encouraging acts rendering children delinquent where the alleged adult offender has consensual sexual intercourse with a minor who is 15 years of age or older at the time of the offense shall be commenced no later than five years after the victim reaches majority provided that the alleged adult offender was more than three years older than the victim at the time of the offense. Under current law, the prosecution of such offense shall be commenced within one year after commission of the offense.
A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to misdemeanor sexual offenses where the victim is a minor; statute of limitations; penalty.22103620D
Patron: Obenshain
Use of communications systems to facilitate certain offenses involving children; consecutive sentence; penalty. Provides that any mandatory minimum term of imprisonment imposed for violating the electronic solicitation of a minor statute shall be served consecutively with any other sentence.
A BILL to amend and reenact § 18.2-374.3 of the Code of Virginia, relating to use of communications systems to facilitate certain offenses involving children; consecutive sentence; penalty.22101902D
Patron: Ebbin
Supplementing compensation of public defender. Requires the governing body of any county or city that elects to supplement the compensation of the attorney for the Commonwealth, or any of his deputies or his employees, above the salary of any such officer, deputy, or employee to supplement the compensation of the public defender, or any of his deputies or employees. The bill provides that such supplemental compensation is proportional if the public defender, his deputies, and his other employees are each paid in amounts commensurate to the closest equivalent position in the local Office of the Commonwealth's Attorney, as adjusted for seniority and experience level. The bill has a delayed effective date of July 1, 2024.
A BILL to amend and reenact § 19.2-163.01:1 of the Code of Virginia, relating to supplementing compensation of public defender.22103779D
Patron: Deeds
Responsibilities of local pretrial services officers; behavioral health dockets. Provides that a local pretrial services officer may facilitate the placement of a defendant in a behavioral health docket as a treatment service.
A BILL to amend and reenact § 19.2-152.4:3 of the Code of Virginia, relating to duties and responsibilities of local pretrial services officers; behavioral health dockets.22100540D
Patron: Deeds
Sentencing proceeding by jury after conviction; relevant mitigating evidence. Provides that relevant evidence that may be admissible by the defendant during the sentencing phase by a jury may include the circumstances surrounding the offense, the history and background of the defendant, and any other facts in mitigation of the offense. The bill also provides various examples of facts in mitigation of the offense.
A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by jury after conviction; relevant mitigating evidence.22102451D
Patron: Deeds
Natural guardianship of permanently incapacitated persons. Provides that the parents are the natural guardians of an incapacitated person who was deemed permanently incapacitated by a licensed physician prior to his eighteenth birthday and that in such cases no petition for the appointment of a guardian or conservator need be filed.
A BILL to amend and reenact § 64.2-2001 of the Code of Virginia, relating to natural guardianship of permanently incapacitated persons.22100252D
Patron: Vogel
Arrest and prosecution when experiencing or reporting overdoses. Provides that an individual who is 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 may be offered a first offender deferred disposition program or drug treatment court docket program if such person is reporting an overdose and seeking emergency medical attention. Under current law, such person would be immune from arrest and prosecution.
A BILL to amend and reenact § 18.2-251.03 of the Code of Virginia, relating to arrest and prosecution when experiencing or reporting overdoses.22101840D
Patron: Reeves
Arrest and summons quotas; prohibition. Prohibits (i) any agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers; (ii) any sheriff; (iii) any police force; or (iv) the Department of State Police from establishing a formal or informal quota that requires a law-enforcement officer to make a specific number of arrests or issue a specific number of summonses within a designated period of time.
A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 55.5, consisting of a section numbered 2.2-5516, by adding sections numbered 15.2-1609.11 and 15.2-1710.1, and by adding in Chapter 1 of Title 52 a section numbered 52-11.6, relating to arrest and summons quotas; prohibition.22103905D
Patron: Reeves
Acquisition of military property by law-enforcement agencies. Changes the limitation on the acquisition or purchase of military property by a law-enforcement agency from firearms of .50 caliber or higher to rifles of .50 caliber or higher.
A BILL to amend and reenact §§ 2.2-5515, 15.2-1721.1, and 52-11.3 of the Code of Virginia, relating to acquisition of military property by law-enforcement agencies.22101125D
Patron: Ebbin
Support of parents by child; repeal. Repeals the provision of the Code of Virginia requiring an adult child to assist in providing for the support and maintenance of his or her parent, when such parent requires assistance. Under current law, failure to comply with this provision is punishable as a misdemeanor with a fine not exceeding $500 or imprisonment in jail for a period not exceeding 12 months or both.
A BILL to repeal § 20-88 of the Code of Virginia, relating to support of parents by child; repeal.22100338D
Patron: Surovell
Copies of orders to counsel. Provides that the clerk of the court shall provide a copy of the appointment order of a qualified expert to an indigent defendant or his attorney and to the appointed expert. The bill also provides that the chief judge of each juvenile and domestic relations district court may provide for an alternative means of copying and distributing certain juvenile investigative reports or evaluations to counsel.
A BILL to amend and reenact §§ 16.1-274 and 19.2-266.4 of the Code of Virginia, relating to copies of orders to counsel.22100037D
Patron: Edwards
Foster care placements; court review; best interests of the child. Provides that the court has the authority to review a foster care plan placement determination by a local board of social services. The bill requires a foster care plan to assess the stability of proposed placements, the services provided or plans for services to be provided to address placement instability, and a description of other placements that were considered for the child. The bill codifies the factors to be considered when determining the best interests of a child for the purposes of developing foster care plans.
The bill also (i) requests that the Judicial Council of Virginia study child dependency hearings in the Juvenile and Domestic Relations District Court system and make recommendations to the General Assembly as to whether a separate docket or court would result in better service to children and families involved in child dependency hearings and other family law matters and (ii) directs the Office of the Children's Ombudsman to convene a work group to consider issues relating to the Commonwealth's model of court-appointed legal counsel in child dependency cases.
A BILL to amend and reenact §§ 16.1-278.2, 16.1-278.4, 16.1-278.8, and 16.1-281 of the Code of Virginia and to amend the Code of Virginia by adding a section number 16.1-282.3, relating to foster care placements; court review; best interests of the child.22103950D
Patron: Stuart
Search warrants; copy of search warrant and affidavit given to occupants. Clarifies that if the owner of the place to be searched is not present, a copy of the search warrant and affidavit shall be given to at least one occupant of the place to be searched.
A BILL to amend and reenact § 19.2-56 of the Code of Virginia, relating to search warrants; copy of search warrant and affidavit given to occupants.22100035D
Patron: Edwards
Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data.
A BILL to amend the Code of Virginia by adding a section numbered 17.1-805.1, relating to discretionary sentencing guidelines; midpoint for violent felony offenses.22100694D
Patron: Edwards
Probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings. Authorizes the Virginia Sentencing Commission to develop, maintain, and modify a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. The bill provides that a court would be presented with such guidelines when a defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer.
A BILL to amend and reenact §§ 17.1-803 and 19.2-306 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-306.2, relating to probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings.22100695D
Patron: McClellan
Science Museum of Virginia; conveyance of easement; Children's Museum of Richmond; City of Richmond. Authorizes the Science Museum of Virginia to convey certain right-of-way easements to the Children's Museum of Richmond.
A BILL to authorize the Science Museum of Virginia to convey certain right-of-way easements to the Children's Museum of Richmond.22100429D
Patron: McClellan
Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant in civil actions to post an appeal bond in any civil case appealed from the general district court. The bill also removes provisions of the Code allowing a plaintiff in an unlawful detainer case that has been appealed to the circuit court to request the judge to order a writ of eviction immediately upon entry of judgment for possession.
A BILL to amend and reenact §§ 8.01-129 and 16.1-107 of the Code of Virginia, relating to requirement for appeals bond; indigent parties; appeal of unlawful detainer.22102455D
Patron: Lewis
Judge; Second Judicial Circuit; resident judge in Counties of Accomack and Northampton. Requires that one judge from the Second Judicial Circuit be a resident of the County of Accomack or Northampton and preside regularly in the Counties of Accomack and Northampton.
A BILL to require that one judge of the Second Judicial Circuit be a resident of the County of Accomack or Northampton and preside regularly in the Counties of Accomack and Northampton.22101825D
Patron: Lewis
Conveyances of property; acceptance by clerk's office for recordation. Provides that there is a presumption for state and local governmental agency purposes that title to property transfers to the grantee upon acceptance of a deed conveying such property by the clerk of court in the county or city in which the property is located. Such presumption does not apply to matters litigated in the federal or state courts.
A BILL to amend the Code of Virginia by adding a section numbered 55.1-602.1, relating to conveyances of property; acceptance by clerk's office for recordation.22104049D
Patron: McPike
Guardianship and conservatorship of incapacitated persons. Makes several changes to the provisions of adult guardianships and conservatorships, including (i) adding certain powers and duties to the Department for Aging and Rehabilitative Services to provide support, oversight, and guidance with respect to such guardianships; (ii) requiring the notice of hearing on a guardianship or conservatorship petition to include notice that any adult individual required to receive a copy of such notice may file a motion to intervene in the action to become a party and request to be appointed as guardian or conservator or offer an alternative to the guardian or conservator selected; (iii) requiring a schedule for periodic review hearings in the order of appointment of a guardian or conservator to be set by a court, unless the court makes a determination that such hearings are unnecessary or impracticable; and (iv) providing that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship unless such restriction is necessary to prevent physical, mental, or emotional harm to or financial exploitation of the incapacitated person; the bill further requires that the guardian must provide written notice to any restricted person stating (a) the nature and terms of the restriction, (b) the reasons why the guardian believes the restriction is necessary, and (c) how the restricted person may challenge such restriction in court. The bill sets up a procedure by which a person whose visit, communication with, or interaction with an incapacitated person has been restricted may challenge such restriction in court.
A BILL to direct the Office of the Executive Secretary of the Supreme Court of Virginia to perform certain tasks related to adult guardianship and conservatorship cases; to amend and reenact §§ 51.5-150, 64.2-2004, 64.2-2009, 64.2-2019, and 64.2-2020 of the Code of Virginia; and to amend the Code of Virginia by adding sections numbered 64.2-2009.1 and 64.2-2019.1, relating to guardianship and conservatorship of incapacitated persons.22104012D