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ACROSS SESSIONS
- Subject Index: Since 1995
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2022 SESSION
Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds
Clerk: Sean Sukol, Warda Asif
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: January 31, 2022
Time and Place: Upon adj. of Civil Law Sub/SR A. Virtual comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
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
Patron: Morrissey
Custody and visitation; grandparents; mediation. Requires any case in which a grandparent petitions the court for custody or visitation of a minor grandchild to be referred by the court to mediation. The bill requires the petitioning party to pay the fee of the mediator.
A BILL to amend and reenact §§ 20-124.2 and 20-124.4 of the Code of Virginia, relating to custody and visitation; grandparents; mediation.22100696D
Patron: Morrissey
Visitation; petition of grandparent. Requires the court, in petitions for visitation filed by the grandparent of a child where either (i) the parent is the grandparent's child and is deceased, incarcerated, or incapacitated, or has had his parental rights terminated or (ii) the grandparent has an established relationship with the child and has provided a significant level of care for the child, to consider the following factors: (a) the historical relationship between the grandparent and child, (b) the motivation of the grandparent in seeking visitation, (c) the motivation of the living parent in denying visitation to the grandparent, (d) the quantity of time requested and the effect it will have on the child's daily activities, and (e) the benefits of maintaining a relationship with the extended family of the deceased parent.
A BILL to amend and reenact § 20-124.2 of the Code of Virginia, relating to visitation, petition of grandparent.22100697D
Patron: Peake
Surrogacy contracts; provisions requiring abortions or selective reductions unenforceable. Provides that any provision of a surrogacy contract requiring an abortion or selective reduction is against the public policy of the Commonwealth and is void and unenforceable.
A BILL to amend and reenact § 20-163 of the Code of Virginia, relating to surrogacy contracts; provisions requiring abortions or selective reductions unenforceable.22100591D
Patron: Hashmi
Possession of psilocybin; civil penalty. Provides that any person 21 years of age or older who knowingly or intentionally possesses psilocybin or psilocyn shall be punished by a civil penalty of no more than $100 and such civil penalties shall be deposited into the Drug Offender Assessment and Treatment Fund. Under current law, a person who knowingly or intentionally to possesses psilocybin or psilocyn is guilty of a Class 5 felony.
A BILL to amend and reenact §§ 15.2-1627, 18.2-250, and 18.2-251.02 of the Code of Virginia, relating to possession of psilocybin; civil penalty.22101765D
Patron: Surovell
Support orders; retroactivity; arrearages; party's incarceration. Makes various changes to provisions of law related to child and spousal support orders, including (i) providing that in cases in which jurisdiction over child support or spousal support has been divested from the juvenile and domestic relations district court and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court and (ii) specifying that prejudgment interest on child support should be retroactive to the date of filing.
The bill provides that a party's incarceration alone for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party's incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based. The provisions of the bill related to imputation of income apply only to petitions for child support and petitions for a modification of a child support order commenced on or after July 1, 2022, and do not create a material change in circumstances for the purposes of modifying a child support order if a parent was incarcerated prior to July 1, 2022, and the incarcerated party cannot establish a material change in circumstances other than incarceration.
A BILL to amend and reenact §§ 16.1-244, 20-78.2, 20-103, 20-108.1, and 63.2-1918 of the Code of Virginia, relating to child support and spousal support; retroactivity; child support obligations; party's incarceration not deemed voluntary unemployment or underemployment.22101341D
Patron: Surovell
Division of marital property; Virginia Retirement System managed defined contribution plan; calculation of gains and losses. Provides that if the court enters an order to distribute any Virginia Retirement System managed defined contribution plan, the Virginia Retirement System shall, if ordered by the court, calculate gains and losses from the valuation date through the date of distribution of the benefits.
A BILL to amend and reenact § 20-107.3 of the Code of Virginia, relating to division of marital property; Virginia Retirement System managed defined contribution plan; calculation of gains and losses.22101344D
Patron: Bell
Charitable gaming; violations; civil penalty. Provides for a civil penalty of not less than $25,000 and not more than $50,000 for any person or organization that (i) conducts charitable gaming without first obtaining a permit to do so, (ii) that continues to conduct such games after revocation or suspension of such permit, or (iii) that otherwise violates any charitable gaming provisions. The bill provides that any such civil penalties collected shall be payable to the State Treasurer for remittance to the Department of Agriculture and Consumer Services.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-340.36:1, relating to charitable gaming; violations; civil penalty.22102789D
Patron: Morrissey
Termination of parental rights; murder of child. Requires the court to terminate the parental rights of a parent upon finding, based upon clear and convincing evidence, that termination of parental rights is in the best interests of the child and that the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States, or any foreign jurisdiction that constitutes murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, and the victim of the offense was the child of the parent over whom parental rights would be terminated. The bill also requires local boards of social services to file a petition to terminate parental rights in such instances.
A BILL to amend and reenact §§ 16.1-283 and 63.2-910.2 of the Code of Virginia, relating to termination of parental rights; murder of child.22103115D
Patron: DeSteph
Division of marital property; military retainer pay. Provides that, for the purposes of dividing marital property, military retainer pay shall be classified as separate property.
A BILL to amend and reenact § 20-107.3 of the Code of Virginia, relating to division of marital property; military retainer pay.22101328D
Patron: Boysko
Calculation of gross income for determination of child support; rental income. Provides that for the calculation of gross income for the purposes of determining child support, rental income shall be subject to the deduction of reasonable expenses. The bill further provides that the party claiming any such deduction has the burden of proof to establish such expenses by a preponderance of the evidence. This bill is in response to Ellis v. Sutton-Ellis, Va. App. No. 0710-20-1 (June 22, 2021).
A BILL to amend and reenact § 20-108.2 of the Code of Virginia, relating to calculation of gross income for determination of child support; rental income.22101711D
Patron: McClellan
Unlawful dissemination of sexually explicit visual material to another; penalty. Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second offense or subsequent offense.
A BILL to amend and reenact § 15.2-1627 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-386.3, relating to unlawful dissemination of sexually explicit visual material to another; penalty.22102813D
Patron: Marsden
Trespass by hunters; penalty. Increases from a Class 4 misdemeanor to a Class 1 misdemeanor the penalty for the crime of trespassing while hunting, and increases from a Class 3 misdemeanor to a Class 1 misdemeanor the penalty for a first violation of the crime of trespassing while hunting with dogs.
A BILL to amend and reenact §§ 18.2-132 and 18.2-132.1 of the Code of Virginia, relating to trespass by hunters; penalty.22100225D
Patron: Marsden
Department of Juvenile Justice; juvenile boot camps. Eliminates the authority of the Department of Juvenile Justice to establish juvenile boot camps and the ability of a court to order a juvenile adjudicated delinquent to attend such a boot camp.
A BILL to amend and reenact §§ 16.1-228, 16.1-278.8, 16.1-290, and 66-13 of the Code of Virginia, relating to juvenile boot camps.22102369D
Patron: Lucas
Authority of Governor to grant relief from fines and penalties. Eliminates provisions of the Code requiring a person seeking the Governor's relief from fines and penalties to first file a petition with the circuit court for such relief.
A BILL to amend and reenact §§ 19.2-363 and 19.2-368 of the Code of Virginia and to repeal §§ 19.2-364 through 19.2-367 of the Code of Virginia, relating to authority of Governor to grant relief from fines and penalties.22103929D
Patron: Morrissey
Arrest and prosecution when experiencing or reporting overdoses. Clarifies that the immunity afforded to the seeking of emergency help for an overdose also applies to a show cause, a probation revocation, or a parole violation.
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.22103752D
Patron: Morrissey
Preliminary analysis of breath to determine alcoholic content of blood; failure to advise person of rights. Provides that if a police officer or a member of any sheriff's department fails to advise a person of his rights to refuse a preliminary breath test, any preliminary breath test sample shall not be admissible for the purpose of determining probable cause or used in evidence at any hearing or trial.
A BILL to amend and reenact § 18.2-267 of the Code of Virginia, relating to preliminary analysis of breath to determine alcoholic content of blood; failure to advise person of rights.22103755D
Patron: McClellan
Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time.
The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known.
A BILL to amend and reenact §§ 19.2-11.8 and 19.2-11.11 of the Code of Virginia, relating to physical evidence recovery kits; victim's right to notification; storage.22104324D
Patron: Petersen
Minor victims of sex trafficking; services. Provides that a minor engaged in prostitution or keeping, residing in, or frequenting a bawdy place shall not be proceeded upon as delinquent and shall be referred to the local department of social services for an assessment and services.
A BILL to amend and reenact §§ 18.2-346 and 18.2-347 of the Code of Virginia, relating to minor victims of sex trafficking; services.22104186D
Patron: Petersen
Reckless driving; involuntary manslaughter. Increases the punishment for every person convicted of reckless driving who, when he committed the offense, caused the death of another as the sole and proximate result of his reckless driving. The bill states that such person is guilty of involuntary manslaughter, punishable as a Class 5 felony. Under current law, the punishment is a Class 6 felony.
A BILL to amend and reenact § 46.2-868 of the Code of Virginia, relating to reckless driving; involuntary manslaughter.22104189D
Patron: Surovell
Alleged wrongdoing of law-enforcement employees. Requires that all law-enforcement agencies that employ at least two law-enforcement officers, reduced from at least 10 under current law, ensure that, in the case of all written citizen complaints or complaints submitted in an electronic format, the agency (i) allows for the submission of citizen complaints through the agency's website or other electronic format; (ii) provides a receipt or written acknowledgment confirming the submission of the complaint to the individual filing such complaint; (iii) provides a written response to any individual who has filed a complaint within 30 days of the filing of such complaint indicating the status of such complaint; (iv) provides a written response to any individual who has filed a complaint within 60 days of the filing of such complaint indicating the final disposition of such complaint and if any action, including disciplinary action, was taken as a result of such complaint or, if after 60 days a resolution of the complaint has not occurred, the law-enforcement agency provides a written response indicating the reason for the delay in reaching a final disposition and an anticipated date of completion; (v) for any complaint that is not resolved within 60 days, provides a written response to any individual who has filed a complaint upon the resolution of such complaint indicating the final disposition of such complaint and if any action, including disciplinary action, was taken as a result of such complaint; and (vi) provides notice to any individual who has filed a complaint if an investigation into a previously filed complaint has been reopened upon the submission of new materials after a final resolution for the previously filed complaint has been reached. The bill also provides that all complaints, investigative materials associated with such complaints, and any dispositional information may be disclosed to the attorney for the Commonwealth when such materials are requested by the attorney for the Commonwealth and relate to a law-enforcement officer's credibility, integrity, or honesty or may constitute exculpatory or impeachment evidence.
A BILL to amend and reenact § 9.1-600 of the Code of Virginia, relating to alleged wrongdoing of law-enforcement employees.22104590D
Patron: Deeds
Emergency custody order; duration. Provides that a law enforcement officer may transfer custody of a person who is the subject of an emergency custody order to a facility or location that has been authorized by the Department to accept custody of a person who is the subject of an emergency custody order upon a finding by the Department that the facility or location is capable of providing the level of security necessary to protect such person and others from harm and that in cases in which custody of a person who is the subject of an emergency custody order has been transferred to a facility licensed to provide up to 23 hours of crisis stabilization services, the emergency custody order shall be valid for a period not to exceed 23 hours from the time of execution. Currently, all emergency custody orders are valid for a period of up to 8 hours.
A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to emergency custody order; duration.22104395D
Patron: Lewis
Jurors; compensation. Increases the daily compensation for jurors from $30 to $100.
A BILL to amend and reenact § 17.1-618 of the Code of Virginia, relating to jurors; compensation.22104517D
Patron: Surovell
Facial recognition technology; authorized uses. Authorizes local law-enforcement agencies and campus police departments of public institutions of higher education to use facial recognition technology only for investigating a specific criminal incident or a specific citizen welfare situation. The bill provides that the appropriate facial recognition technology shall be determined by the Division of Purchases and Supply, and such facial recognition technology shall be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department of State Police (the Department) to develop a model policy regarding the investigative uses of facial recognition technology to be posted publicly no later than January 1, 2023. The bill requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or to develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies and campus police departments to collect and maintain certain data related to the use of facial recognition technology and requires the chief of police of a law-enforcement agency or campus police department to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill also requires that, unless specifically directed to procure facial recognition technology, a law-enforcement agency or campus police department shall notify the locality or public institution of higher education that it serves not less than 30 days prior to procuring facial recognition technology.
A BILL to amend and reenact §§ 15.2-1723.2 and 23.1-815.1 of the Code of Virginia, relating to facial recognition technology; authorized uses.22104919D
Patron: Surovell
Expungement of offenses civil penalty. Provides for the automatic sealing of misdemeanor marijuana offenses and the petition-based sealing for certain felony marijuana offenses. The bill requires a business screening service, defined in the bill, to destroy all expunged records, as defined in the bill, and to follow reasonable procedures to ensure that it does not maintain or sell expunged records. The bill also provides that any petition for expungement shall be kept under seal and that an indigent person may file a petition for expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing Fee Fund. The bill has staggered delayed effective dates in order to develop systems for implementing the sealing provisions of the bill.
A BILL to amend and reenact §§ 9.1-128, as it shall become effective, 17.1-205.1, 19.2-392.2, 19.2-392.6, as it shall become effective, 19.2-392.12, as it shall become effective, and 19.2-392.16, as it shall become effective, of the Code of Virginia and to repeal §§ 19.2-389.3, 19.2-392.2:1, and 19.2-392.2:2 of the Code of Virginia, relating to expungement of offenses; civil penalty.22104596D