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2022 SESSION

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Senate Committee on Judiciary

Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds

Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 28, 2022
Time and Place: 8:00AM/ SR A /Public can register to speak via Zoom on GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 25

Patron: Anderson

Earned sentence credits; possession of child pornography. Excludes a first offense for the crime of possession of child pornography from the crimes that will eligible for enhanced sentencing credits effective July 1, 2022.

A BILL to amend and reenact § 53.1-202.3, as it shall become effective, of the Code of Virginia, relating to earned sentence credits; possession, reproduction, etc., of child pornography.

22100808D

H.B. 70

Patron: Davis

Law-Enforcement Officers Procedural Guarantee Act; minimum rights. Provides that the rights accorded to law-enforcement officers in the Law-Enforcement Officers Procedural Guarantee Act are minimum rights, and all law-enforcement agencies shall adopt grievance procedures that are consistent with such rights. The bill removes the current exception from the provisions of the Law-Enforcement Officers Procedural Guarantee Act for any law-enforcement officer or law-enforcement agency that serves under the authority of a locality that has established a law-enforcement civilian oversight body.

A BILL to amend and reenact § 9.1-507 of the Code of Virginia, relating to Law-Enforcement Officers Procedural Guarantee Act; minimum rights.

22101878D

H.B. 79

Patron: Campbell, R.R.

Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions. This bill incorporates HB 1030.

A BILL to amend and reenact §§ 15.2-919, 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia, relating to issuing citations; certain traffic offenses.

22105519D

H.B. 108

Patron: McGuire

Felony homicide; certain drug offenses; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another person and such other person's use of the controlled substance results in his death, regardless of the time or place death occurred in relation to the commission of the underlying felony. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.

A BILL to amend and reenact § 18.2-33 of the Code of Virginia, relating to felony homicide; certain drug offenses; penalties.

22106229D

H.B. 123

Patron: Wyatt

Destroying or tampering with firefighting or emergency medical services equipment or law-enforcement vehicles and equipment; penalty. Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for injuring, destroying, removing, or tampering with any firefighting equipment or apparatus, emergency medical services vehicle, or law-enforcement vehicle or equipment. The bill also adds to this prohibition such interference with any other equipment or vehicle used by emergency medical services personnel or law-enforcement officers.

A BILL to amend and reenact § 18.2-151.1 of the Code of Virginia, relating to destroying, removing, or tampering with firefighting or emergency medical services equipment or law-enforcement vehicles and equipment; penalty.

22106436D

H.B. 204

Patron: Wachsmann

Sale and transfer of firearms; criminal history record information check delay. Decreases from five business days to three business days the time provided for the Department of State Police to complete a background check before a firearm may be transferred. If a dealer who has otherwise fulfilled all requirements is told by the State Police that a response will not be available by the end of the dealer's third business day, the dealer may complete the sale or transfer without being deemed in violation.

A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to sale and transfer of firearms; criminal history record information check delay.

22102442D

H.B. 325

Patron: Freitas

Reporting lost or stolen firearms; civil penalty. Repeals the requirement 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 48 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. Under current law, a violation is punishable by a civil penalty of not more than $250.

A BILL to repeal § 18.2-287.5 of the Code of Virginia, relating to reporting lost or stolen firearms; civil penalty.

22102189D

H.B. 350

Patron: Freitas

Threats and harassment of certain officials and property; venue. Removes provisions that allow certain crimes relating to threats and harassment to be prosecuted in the City of Richmond if venue cannot otherwise be established and the victim is (i) 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 and (ii) such official or employee was threatened or harassed while engaged in the performance of his public duties or because of his position with the Commonwealth. The bill also removes provisions that allow threats to damage property to be prosecuted in the City of Richmond if (a) venue cannot otherwise be established and (b) the threatened property is owned by the Commonwealth and located in the Capitol District.

A BILL to amend and reenact §§ 18.2-60, 18.2-60.1, 18.2-83, 18.2-152.7:1, and 18.2-430 of the Code of Virginia, relating to threats and harassment of certain officials and property; venue.

22102118D

H.B. 434

Patron: Sewell

Criminal sexual assault; definition of intimate parts; penalty. Includes in the definition of "intimate parts," for the purposes of criminal sexual assault, the chest, including the breast, of any person.

A BILL to amend and reenact § 18.2-67.10 of the Code of Virginia, relating to criminal sexual assault; definition of intimate parts; penalty.

22106437D

H.B. 509

Patron: March

Firearms; removal from persons posing substantial risk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. The bill also removes the substantial risk order registry for the entry of orders issued.

A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to repeal § 18.2-308.1:6, Chapter 9.2 (§§ 19.2-152.13 through 19.2-152.17) of Title 19.2, and § 19.2-387.3 of the Code of Virginia, relating to firearms; removal from persons posing substantial risk; penalties.

22101051D

H.B. 573

Patron: Clark

Statute of limitations; medical debt. Provides that the statute of limitations for an action on any contract, written or unwritten, to collect medical debt, including actions brought by the Commonwealth, is three years from the original date of a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider.

A BILL to amend and reenact § 8.01-246 of the Code of Virginia, relating to statute of limitations; medical debt.

22106196D

H.B. 623

Patron: Hudson

Guardianship and conservatorship; duties of the guardian ad litem; report contents. Adds to the duty of a guardian ad litem appointed to represent the interests of a respondent in a guardianship or conservatorship case the requirement to  notify the court as soon as practicable if the respondent requests counsel regardless of whether the guardian ad litem recommends counsel. The bill further directs the guardian ad litem to include in his report to the court an explanation by the guardian ad litem as to any (i) decision not to recommend the appointment of counsel for the respondent, (ii) determination that a less restrictive alternative to guardianship or conservatorship is not available, and (iii) determination that appointment of a limited guardian or conservator is not appropriate.

A BILL to amend and reenact § 64.2-2003 of the Code of Virginia, relating to guardianship and conservatorship; duties of the guardian ad litem; report contents.

22105239D

H.B. 634

Patron: Roem

Department for Aging and Rehabilitative Services; work group; review and evaluate guardianship visitation requirements; report. Directs the Department for Aging and Rehabilitative Services to convene a work group to (i) evaluate how a requirement for private guardians to visit the individual under their guardianship in person at least once every 90 days would reduce the availability of willing and qualified individuals to serve as private guardians, if at all; (ii) consider whether a different number and frequency of visits per year, other than least once every 90 days, would better balance resource constraints with the importance of guardian visits to the incapacitated person under their care; (iii) determine the additional resources, if any, needed to mitigate the negative impacts of an increased visitation requirement on the willingness and availability of qualified individuals to serve as private guardians; (iv) determine how those resources could be allocated to the relevant private and public entities in the guardianship system to promote compliance with an increased visitation requirement; and (v) determine whether expansion of the Virginia Public Guardian and Conservator Program would substantially alleviate issues related to these concerns. The Department shall submit a summary of its recommendations to the Chairs of the House Committee for Courts of Justice and the Senate Committee on the Judiciary by November 1, 2022.

A BILL to require the Virginia Department for Aging and Rehabilitative Services to convene a work group to review and evaluate guardianship visitation requirements; report.

22105845D

H.B. 677

Patron: Hope

Posting of notices; electronic posting. Requires any notice, summons, order, or other official document of any type that is required to be posted on or at the front door of a courthouse or on a public bulletin board at the courthouse to also be posted on the public government website of the locality served by the court or on the website of the circuit court clerk. Under current law, the website posting is sufficient when such official document is required to be posted at the courthouse. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 1-211.1 of the Code of Virginia, relating to posting of notices; electronic posting.

22101576D

H.B. 735

Patron: Bell

Department of Corrections; earned sentence credits. Repeals the four-level classification system for the awarding and calculation of earned sentence credits currently set to go into effect on July 1, 2022. Under current law, a maximum of 4.5 sentence credits may be earned for each 30 days served.

A BILL to repeal § 53.1-202.3, as it shall become effective, of the Code of Virginia, Chapter 50 of the Acts of Assembly of 2020, Special Session I, and the second through seventh enactments of Chapter 52 of the Acts of Assembly of 2020, Special Session I, relating to Department of Corrections; earned sentence credits.

22100841D

H.B. 736

Patron: Bell

Search warrants; execution. Changes the hours of execution of a search warrant for the search of any place of abode from the daytime hours between 8:00 a.m. and 5:00 p.m. to between 6:00 a.m. and 10:00 p.m.

A BILL to amend and reenact § 19.2-56 of the Code of Virginia, relating to search warrants; execution.

22105951D

H.B. 758

Patron: Adams, L.R.

Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes.

The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.

The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.

A BILL to amend and reenact §§ 19.2-303, 19.2-303.1, and 19.2-306 of the Code of Virginia and to repeal § 19.2-306.1 of the Code of Virginia, relating to probation, revocation, and suspension of sentence; penalty.

22106124D

H.B. 760

Patron: Adams, L.R.

Limitation on sentence upon revocation of suspension of sentence; technical violations; penalty. Specifies that a violation of the terms and conditions of a suspended sentence or probation based on a defendant's failure to refrain from the use, possession, or distribution of a Schedule I or II controlled substance shall not be considered a technical violation. Accordingly, a court is not subject to the limitations on the amount of active incarceration it can impose as a result of a revocation hearing based on such violation and may revoke the suspension and impose or resuspend any or all of the period previously suspended. Currently, a defendant's failure to refrain from the use, possession, or distribution of any controlled substance or paraphernalia is a technical violation.

A BILL to amend and reenact § 19.2-306.1 of the Code of Virginia, relating to limitation on sentence upon revocation of suspension of sentence; technical violations; penalty.

22101505D

H.B. 812

Patron: Williams

Admission to bail; rebuttable presumptions against bail. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill and for persons identified as being illegally present in the United States by U.S. Immigration and Customs Enforcement who are charged with certain offenses. The bill also requires the court to consider specified factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release.

A BILL to amend and reenact §§ 19.2-120 and 19.2-124 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-120.2, relating to admission to bail; rebuttable presumptions against bail.

22100870D

H.B. 813

Patron: Williams

Acquisition and use of certain military property by law-enforcement agencies. Removes the provisions prohibiting a state or local law-enforcement agency from acquiring or purchasing (i) armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat from a surplus program operated by the federal government; (ii) firearms of .50 caliber or higher; or (iii) ammunition of .50 caliber or higher. The bill also removes the prohibition on the use of kinetic impact munitions except in situations where their use is necessary to protect a law-enforcement officer or another person from bodily injury.

A BILL to amend and reenact §§ 2.2-5515, 15.2-1721.1, and 52-11.3 of the Code of Virginia, and to repeal §§ 19.2-83.4 through 19.2-83.7 of the Code of Virginia, relating to acquisition and use of military property by law-enforcement agencies.

22106292D

H.B. 827

Patron: Wilt

Control of firearms by localities. Removes the authority for a locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any building, or part thereof, owned or used by such locality for governmental purposes; (ii) any public park owned or operated by the locality; (iii) any recreation or community center facility; or (iv) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.

The bill provides that any firearm received by the locality pursuant to a buy-back program shall be offered for sale by public auction or sealed bids to a person licensed as a dealer. Current law provides that any such firearm shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale. The bill also limits the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others.

A BILL to amend and reenact §§ 15.2-915 and 15.2-915.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-915.6, relating to control of firearms by localities.

22100614D

H.B. 1000

Patron: Runion

Law-enforcement civilian oversight bodies; requirements. Requires every member appointed to a locality's law-enforcement civilian oversight body to observe a law-enforcement officer employed with such locality's law-enforcement agency while such law-enforcement officer is engaged in his official duties. The bill also provides that any disciplinary determination recommended by a law-enforcement civilian oversight body shall be advisory and that if any law-enforcement agency declines to implement such recommendation, such agency shall create and make available to the public within 30 days from the date such recommendation is reported to such agency a written public record of its rationale for declining to implement such recommendation. The bill requires that such observation take place within 90 days of the member's appointment to the civilian oversight body and total no fewer than 24 hours, a portion of which includes a ride-along with a law-enforcement officer. The bill also requires each law-enforcement civilian oversight body to include at least one retired law-enforcement officer as a voting member; under current law, a retired law-enforcement officer may serve on such body as an advisory, nonvoting ex officio member.

A BILL to amend and reenact § 9.1-601 of the Code of Virginia, relating to law-enforcement civilian oversight bodies; requirements.

22100522D

H.B. 1198

Patron: Bell

Attorney General; instituting or conducting criminal prosecutions for cases involving criminal sexual assault. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving violations of criminal sexual assault when such crimes are committed against children.

A BILL to amend and reenact § 2.2-511 of the Code of Virginia, relating to Attorney General; instituting or conducting criminal prosecutions for certain violent crimes against children.

22104934D

H.B. 1212

Patron: Glass

Guardianship and conservatorship; notice of hearing. Requires the notice of hearing for a guardianship or conservatorship petition to include a notice that any adult individual or entity whose name and post office address appears in the initial petition for appointment may become a party to the action by filing a pleading with the circuit court in which the guardianship or conservatorship proceeding is pending.

A BILL to amend and reenact § 64.2-2004 of the Code of Virginia, relating to guardianship and conservatorship; notice of hearing.

22105682D

H.B. 1352

Patron: Bell

Private elementary and secondary schools; retaliation for good faith reports of child abuse or neglect prohibited. Prohibits any private elementary or secondary school from retaliating in any manner against any individual who in good faith reports child abuse or neglect as mandated by relevant law.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-291.3:1, relating to private elementary and secondary schools; retaliation for good faith reports of child abuse or neglect prohibited.

22103713D

H.B. 1356

Patron: Anderson

Selling, giving, or distributing fentanyl; penalties. Provides that any person who sells, gives, or distributes a substance he knows or should know contains two milligrams or more of any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers to another person without such persons' knowledge that the substance sold, given, or distributed contains fentanyl, then he is guilty of attempted murder of the second degree. The bill also provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the second degree. The bill also makes it a felony punishable by not less than five nor more than 40 years, three years of which are a mandatory minimum, and a fine not to exceed $1,000,000 for a person to transport into the Commonwealth by any means with intent to sell or distribute 100 milligrams or more of fentanyl.

A BILL to amend and reenact § 18.2-248.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-248.05, relating to selling, giving, or distributing fentanyl; penalties.

22106440D