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2022 SESSION

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Senate Committee on Judiciary
Subcommittee Criminal Law

Surovell (Chair), McDougle, Norment, Stanley, Morrissey, McClellan

Clerk: Sean Sukol, Warda Asif
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 2, 2022
Time and Place: Upon adjourn of Judiciary / SR A. Virtual comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 41

Patron: Spruill

Larceny of a catalytic converter; penalty. Provides that any person who conspires, confederates, or combines with another to commit larceny or counsels, assists, aids, or abets another in the performance of a larceny of a catalytic converter from a motor vehicle where the value of such catalytic converter is less than $1,000 is guilty of a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-23 of the Code of Virginia, relating to larceny of a catalytic converter; penalty.

22100674D

S.B. 126

Patron: Obenshain

Abuse and neglect; financial exploitation; incapacitated adults; penalties. Changes the term "incapacitated adult" to "vulnerable adult" for the purposes of the crime of abuse and neglect of such adults and defines "vulnerable adult" as any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his daily needs or safeguard his person, property, or legal interests. The bill adds the definition of "advanced age" as it is used in the definition of "vulnerable adult" to mean 65 years of age or older. The bill also changes the term "person with mental incapacity" to the same meaning of "vulnerable adult" for the purposes of the crime of financial exploitation. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 18.2-60.5, 18.2-178.1, 18.2-369, 46.2-341.20:7, 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to abuse and neglect; financial exploitation; incapacitated adults; penalties.

22100374D

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. 137

Patron: Edwards

Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, may be reviewable on appeal or the basis of any other post-conviction relief. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022.

A BILL to amend and reenact § 19.2-298.01 of the Code of Virginia, relating to discretionary sentencing guidelines; written explanation; appeal.

22100360D

S.B. 198

Patron: Mason

Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that when a defendant is found incompetent, the court may, after a preadmission screening report has been completed and the court has made a finding by clear and convincing evidence that a crime has occurred, without objection by counsel for the defendant as to the defendant's competency to stand trial and upon motion of the attorney for the Commonwealth or its own motion, permit the community services board or behavioral health authority to petition for involuntary admission of the defendant and enter an order of nolle prosequi or dismissal for the criminal charge. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant.

A BILL to amend and reenact §§ 19.2-169.1, 19.2-169.2, and 37.2-809 of the Code of Virginia, relating to disposition when defendant found incompetent; involuntary admission of the defendant.

22103547D

S.B. 310

Patron: Ebbin


Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm with a major component, as defined in the bill, that when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports for security screening does not generate an image that accurately depicts the shape of the component. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.

The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to knowingly possess, transport, or receive an unfinished frame or receiver unless the party possessing or receiving the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer and (ii) for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver unless the party selling, offering to sell, transferring, or purchasing the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer. The provisions related to the prohibition for possessing, transporting, or receiving an unfinished frame or receiver have a delayed effected date of January 1, 2023.

A BILL to amend and reenact § 18.2-308.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.5:2, relating to manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties.

22103963D

S.B. 378

Patron: Petersen

Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person serving a sentence for any conviction or a combination of any convictions who remains incarcerated in a state or local correctional facility and meets certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to petition for modification of sentence; eligibility; procedures.

22104101D

S.B. 440

Patron: Boysko

Unlawful hazing; penalty. Amends the definition of hazing to include the reckless or intentional act of causing another person to suffer severe emotional distress through outrageous or intolerable conduct when the severe emotional distress was caused by the outrageous or intolerable conduct. The bill also makes the crime of hazing a Class 5 felony if such hazing results in death or serious bodily injury to any person. The crime of hazing that does not result in death or serious bodily injury remains a Class 1 misdemeanor. The bill provides immunity for arrest and prosecution for hazing if a person in good faith seeks or obtains emergency medical attention for a person who has received a bodily injury by hazing or renders emergency care or assistance, including cardiopulmonary resuscitation (CPR), to a person who has received a bodily injury by hazing while another person seeks or obtains emergency medical attention for such person. The bill also creates a civil penalty for certain organizations if such organization had specific credible knowledge that its student members were participating, aiding, or assisting in any act of hazing and did not attempt to intervene to stop the hazing or report it to the appropriate local authorities.

A BILL to amend and reenact §§ 15.2-1627 and 18.2-56 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-56.01, relating to unlawful hazing; penalty.

22103985D

S.B. 643

Patron: Ebbin

Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 6 felony for any person, firm, association, or corporation to sell, give, or distribute any pistol, shotgun, rifle, machine gun, or other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner.

A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving etc., or possessing firearm with removed, altered, etc., serial number; penalty.

22104144D

S.B. 687

Patron: Mason

Abuse and neglect; financial exploitation; incapacitated adults; penalties. Changes the term "incapacitated adult" to "vulnerable adult" for the purposes of the crime of abuse and neglect of such adults and defines "vulnerable adult" as any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his daily needs or safeguard his person, property, or legal interests. The bill adds the definition of "advanced age" as it is used in the definition of "vulnerable adult" to mean 65 years of age or older. The bill also changes the term "person with mental incapacity" to the same meaning of "vulnerable adult" for the purposes of the crime of financial exploitation. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 18.2-60.5, 18.2-178.1, 18.2-369, 46.2-341.20:7, 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to abuse and neglect; financial exploitation; incapacitated adults; penalties.

22104033D

S.B. 729

Patron: Ruff


Damage to motor vehicles; catalytic converter; penalties. Makes it a Class 6 felony for a person to commit larceny of a catalytic converter from a motor vehicle, regardless of the converter's value, and provides that any person found in possession of a catalytic converter that has been detached from a motor vehicle shall be presumed to have committed larceny of the catalytic converter unless such person (i) is an authorized scrap seller or (ii) has in his possession documentation establishing that such person lawfully possesses the catalytic converter. The bill also makes it a Class 6 felony for a person to willfully break, injure, tamper with, or remove any part or parts of any vehicle, aircraft, boat, or vessel for the purpose of injuring, defacing, or destroying said vehicle, aircraft, boat, or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner, or to in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat, or vessel, when such violation causes damage to such vehicle, aircraft, boat, or vessel of $1,000 or more. Current law makes such violation a Class 1 misdemeanor with no limit on the amount of damage. Under the bill, the penalty for damage of less than $1,000 remains a Class 1 misdemeanor. For the purposes of determining whether there is damage of $1,000 or more, the bill provides that the cost of any replacement part or parts of any vehicle, aircraft, boat, or vessel and any additional cost necessary to install such replacement part or parts shall be included in the cost of the damage.

The bill also requires a scrap metal purchaser, when purchasing proprietary articles from a person who is not an authorized scrap seller, to (a) make copies of the documentation received from the seller establishing the seller lawfully possesses the proprietary articles and keep such copies with the permanent ledger maintained at the scrap metal purchaser's place of business and (b) after purchasing a proprietary article from a person, submit a report to the local sheriff's department or the chief of police within five business days describing the proprietary article and including a copy of the seller's identifying information and documentation that the seller lawfully possessed such article. The bill also requires the scrap metal purchaser to hold such proprietary article for not less than 15 days following submission of such report.

A BILL to amend and reenact §§ 18.2-146 and 59.1-136.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-97.2, relating to damage to motor vehicles; catalytic converter; penalties.

22104804D