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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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2023 SESSION
Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds
Clerk: Michael Jackson, Claire Dunn
Staff: C. Quagliato, S. Miller-Bryson
Date of Meeting: January 16, 2023
Time and Place: 8 AM Senate Committee Room A / Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Reeves
Issuance of a restricted driver's license for multiple convictions of driving while intoxicated; completion of specialty dockets. Provides that a person whose driver's license has been revoked for multiple convictions of driving while intoxicated may file a petition for the issuance of a restricted driver's license without having to wait for the expiration of three years from the date of his last conviction when such person's last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket.
A BILL to amend and reenact § 46.2-391 of the Code of Virginia, relating to issuance of a restricted driver's license for multiple convictions of driving while intoxicated; completion of specialty dockets.23100363D
Patron: Locke
Judicial Retirement System; appearance as counsel. Provides that the prohibition on a retired justice or judge appearing as counsel in any court in the Commonwealth shall not apply when, among other conditions under current law, the retired justice or judge is at least 67 years of age and is eligible to receive full social security benefits.
A BILL to amend and reenact § 51.1-309 of the Code of Virginia, relating to Judicial Retirement System; appearance as counsel.23100206D
Patron: Spruill
Jury duty; allowance increase. Increases the jury duty allowance from $30 to $100 per day.
A BILL to amend and reenact § 17.1-618 of the Code of Virginia, relating to jury duty; allowance increase.23101436D
Patron: Surovell
Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases. Provides that in any civil case in a juvenile and domestic relations district court involving the custody, visitation, placement, or support of a child or spouse any party and any guardian ad litem may present evidence as to the extent, nature, and treatment of a party or child and the costs of such treatment and examination by (i) a report or statement from the treating or examining health care provider for his treatment of the party or child or (ii) the bills showing the costs of examination or treatment or records of a treating or examining health care provider for his treatment of a child or party under certain circumstances. The bill requires that such evidence be admitted if the party intending to present such evidence gives the opposing party written notice 30 days in advance of trial. The bill also requires that if any opposing party intends to file a pleading in response to such evidence, such party must do so at least 15 days in advance of trial.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 11 of Title 16.1 a section numbered 16.1-245.2, relating to medical records; custody, visitation, placement, and support cases; affidavits and written statements; juvenile and domestic relations district court.23100594D
Patron: Surovell
Conservators of the peace; search warrants; military criminal investigative organizations. Provides that a special agent of the United States Army Criminal Investigation Division and United States Air Force Office of Special Investigations shall be a conservator of the peace and may serve a search warrant jointly with a Virginia law-enforcement officer. Under current law, of the federal military investigation offices, only a special agent of the United States Naval Criminal Investigative Service has this authority. The bill contains technical amendments.
A BILL to amend and reenact §§ 19.2-12 and 19.2-56 of the Code of Virginia, relating to conservators of the peace; search warrants; military criminal investigative organizations.23100006D
Patron: Petersen
Review of injunctions; petitions for review. Removes permanent injunctions from the current provision that when a circuit court (i) grants a preliminary or permanent injunction, (ii) refuses such an injunction, or (iii) having granted such an injunction, dissolves or refuses to enlarge it, an aggrieved party may file a petition for review with clerk of the Supreme Court of Virginia. The bill increases from seven days to 15 days the period after the date of service of a copy of such petition during which an opposing party may file a response.
A BILL to amend and reenact § 8.01-626 of the Code of Virginia, relating to review of injunction; petitions for review.23100769D
Patron: Petersen
Appeal of interlocutory orders. Provides that when, prior to the commencement of trial, the circuit court has entered in any pending civil action an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. The bill further provides that any person aggrieved by such order may, within 15 days of the entry of such order, file a petition for review with the Supreme Court of Virginia. This bill is a recommendation of the Judicial Council of Virginia.
A BILL to amend and reenact §§ 8.01-626, 8.01-675.5, and 17.1-405 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-670.2, relating to appeal of interlocutory orders.23101533D
Patron: Petersen
Emergency relief payments; automatic exemption from creditor process; repeal. Repeals the provision allowing an exemption from the creditor process for emergency relief payments, defined as a 2020 recovery rebate for individuals and qualifying children provided pursuant to § 2201 of the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) or any future federal payments or rebates provided directly to individuals for economic relief or stimulus due to the COVID-19 pandemic.
A BILL to amend and reenact § 8.01-512.4 of the Code of Virginia and to repeal § 34-28.3 of the Code of Virginia, relating to emergency relief payments; automatic exemption from creditor process; repeal.23102260D
Patron: Surovell
Interpreters for persons who are deaf or hard of hearing. Allows a court to appoint interpreters for persons who are deaf or hard of hearing without procuring an interpreter through the Department for the Deaf and Hard-of-Hearing if another certified interpreter is readily available.
A BILL to amend and reenact §§ 8.01-384.1 and 19.2-164.1 of the Code of Virginia, relating to interpreters for persons who are deaf or hard of hearing.23103493D
Patron: Stanley
Maximum number of judges in each judicial district. Increases from two to three the maximum number of authorized general district court judges in the Twenty-second Judicial District. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to the maximum number of judges in each judicial district.23102408D
Patron: Surovell
Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. Finally, the bill specifies that the validity and amount of such a lien shall be determined by the court without a jury. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 54.1-3932 of the Code of Virginia, relating to lien for attorney fees; written notice requirements; validity and amount determinations.23100739D
Patron: Surovell
Prohibited sales and loans to juveniles; definition of sexual conduct. Clarifies the definition of "sexual conduct" so that it is neutral regarding sexual orientation for the purposes of crimes related to prohibited sales and loans to juveniles.
A BILL to amend and reenact § 18.2-390 of the Code of Virginia, relating to prohibited sales and loans to juveniles; definition of sexual conduct.23100240D
Patron: Dunnavant
Prohibited sales and loans to juveniles; definition of sexual conduct. Clarifies the definition of "sexual conduct" so that it is neutral regarding sexual orientation for the purposes of crimes related to prohibited sales and loans to juveniles.
A BILL to amend and reenact § 18.2-390 of the Code of Virginia, relating to prohibited sales and loans to juveniles; definition of sexual conduct.23101805D
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.23103532D
Patron: Cosgrove
Theft of or trafficking in trade secrets; penalty. Provides that any person who willfully and without authorization obtains or uses, or endeavors to obtain or use, a trade secret, as defined in the bill, with the intent to either temporarily or permanently (i) deprive or withhold from the owner thereof the control or benefit of a trade secret or (ii) appropriate a trade secret to his own use or to the use of another person not entitled to the trade secret is guilty of a Class 6 felony. The bill also provides that any person who willfully traffics in, or endeavors to traffic in, a trade secret that he knows or should know was obtained or used without authorization is guilty of a Class 5 felony. The punishments for such violations increase to the Class 5 felony and Class 4 felony when such offenses are committed with the intent to benefit a foreign government, a foreign agent, or a foreign instrumentality.
A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 6 of Title 18.2 a section numbered 18.2-213.3, relating to theft of or trafficking in trade secrets; penalty.
23103480D
Patron: Cosgrove
Evidence of defendant's mental condition admissible; mental illness. Eliminates "mental illness" from the list of mental conditions for which a defendant may offer evidence to show his mental condition at the time of an alleged offense.
A BILL to amend and reenact § 19.2-271.6 of the Code of Virginia, relating to evidence of defendant's mental condition admissible; mental illness.23102129D
Patron: McDougle
Family abuse protective orders filed on behalf of minors. Provides that for purposes of filing a petition for preliminary protective order in a family abuse situation, the attorney for the Commonwealth or a law-enforcement officer may file a petition on behalf of a minor as his next friend.
A BILL to amend and reenact § 16.1-253.1 of the Code of Virginia, relating to family abuse protective orders filed on behalf of minors.23101853D
Patron: McDougle
Felony homicide; certain drug offenses; penalty. 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 and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. 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; penalty.
23101467D
Patron: Morrissey
Consecutive terms of imprisonment. Eliminates the required imposition of mandatory consecutive sentences of imprisonment.
A BILL to amend and reenact §§ 16.1-253.2, 18.2-46.3:3, 18.2-53.1, 18.2-60.4, 18.2-61. 18.2-67.1, 18.2-67.2, 18.2-154, 18.2-248 through 18.2-248.03, 18.2-248.1, 18.2-248.5, 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, and 53.1-203 of the Code of Virginia, relating to consecutive terms of imprisonment.23102861D
Patron: Surovell
Appeals of certain interlocutory decrees or orders; report. Prohibits the appeal of certain interlocutory decrees or orders relating to affirmance or annulment of a marriage, divorce, custody of a minor child, spousal or child support, control or disposition of a minor child, any other domestic relations matter arising under Title 16.1 (Courts Not of Record) or 20 (Domestic Relations), or any protective order other than a final protective order issued by a circuit court. The bill also restores the Court of Appeal's jurisdiction over appeals of orders granting or denying pleas of immunity. Under current law, such orders are appealable to the Supreme Court of Virginia. The bill requires the Virginia Family Law Coalition to study appeals of interlocutory decrees and orders involving domestic relations matters in the Commonwealth and to report the findings of such study to the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by October 1, 2023. The bill directs the Supreme Court of Virginia to promulgate rules consistent with the bill by November 1, 2023.
A BILL to amend and reenact §§ 8.01-626, 8.01-675.5, 16.1-279.1, 17.1-405, and 19.2-152.10 of the Code of Virginia, relating to appeals of certain interlocutory decrees or orders; report.23103149D
Patron: Marsden
Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, unless the vehicle is locked and the handgun is secured in a locked container or locked compartment of the vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 12 of Title 46.2 a section numbered 46.2-1215.1, relating to firearm in unattended motor vehicle; civil penalty.23103458D
Patron: Morrissey
Public defender offices; County of Henrico. Establishes a public defender office for the County of Henrico.
A BILL to amend and reenact § 19.2-163.04 of the Code of Virginia, relating to public defender offices; County of Henrico.23103122D
Patron: Stuart
Employment of school protection officers in public schools. Permits any local law-enforcement agency to employ in any public elementary or secondary school in the local school division, pursuant to an agreement with the local school board, a school protection officer, defined in the bill as a retired law-enforcement officer hired by the local law-enforcement agency on a part-time basis to provide limited law-enforcement and security services to public elementary and secondary schools in the Commonwealth. The bill requires each such school board and local law-enforcement agency to enter into a memorandum of understanding that sets forth the powers and duties of school protection officers. The bill requires the Department of Criminal Justice Services to establish compulsory training standards for school protection officers and requires the collection of certain data relating to the activities of such officers.
A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 9.1-102, 9.1-114.1, 9.1-184, 22.1-279.10, and 22.1-280.2:3 of the Code of Virginia, relating to employment of school protection officers in public schools.23103169D
Patron: Cosgrove
Sex offenses prohibiting proximity to children and school property; penalty. Adds certain prostitution and commercial sex crimes to the list offenses that would prohibit an adult if convicted of such offense from (i) loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school, (ii) working or engaging in any volunteer activity on property he knows or has reason to know is a public or private elementary or secondary school or child day center property, and (iii) entering or being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, a school bus, or any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity.
A BILL to amend and reenact §§ 18.2-370.2, 18.2-370.4, and 18.2-370.5 of the Code of Virginia, relating to sex offenses prohibiting proximity to children and school property; penalty.23100747D
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 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, shall be reviewable on appeal or may be the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is an error that may constitute a basis for resentencing by the trial judge. 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, 2023.
A BILL to amend and reenact § 19.2-298.01 of the Code of Virginia, relating to discretionary sentencing guidelines; written explanation; appeal.23101368D
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.23101370D
Patron: Stuart
Writs of actual innocence. Provides a statute of limitations for the filing of a petition for a writ of actual innocence of two years from the date of finalized conviction or the date the petitioner discovers unknown or unavailable evidence or scientific testing method, whichever is later. The bill requires the Attorney General to provide written notice of intent to join a petition for a writ of actual innocence to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. The bill establishes the evidentiary standard for writs of actual innocence as preponderance of the evidence for persons who pled not guilty and as clear and convincing evidence for persons who pled guilty or nolo contendere. The bill bars human biological evidence or the recantation of testimony by a witness against the petitioner as the sole basis for seeking relief. The bill directs the Court of Appeals to dismiss any second or subsequent petition for failure to identify new or different evidence in support of actual innocence or for failure to assert the new or different evidence in a prior petition under circumstances that constitute an abuse of the writ. The bill directs the Attorney General to notify the victim or victim's representative of a hearing scheduled or any oral argument; the victim or victim's representative has the right to attend such hearing or oral argument.
A BILL to amend and reenact §§ 19.2-327.10, 19.2-327.10:1, 19.2-327.11, and 19.2-327.13 of the Code of Virginia, relating to writs of actual innocence.
23101624D
Patron: Peake
Magistrates; law-enforcement observation; annual requirement. Requires each magistrate appointed by the Executive Secretary of the Supreme Court of Virginia to ride along with an on-duty law-enforcement officer in the magisterial region that such magistrate represents for a minimum of six hours annually. The bill mandates that, by July 1, 2024, every magistrate shall have completed the first of such required ride-alongs, and each year thereafter by December 31.
A BILL to require each magistrate of the Commonwealth of Virginia to observe a law-enforcement officer while on duty for a minimum of six hours annually.23101477D
Patron: Peake
Civil commitment of sexually violent predators; penalty. Creates a Class 6 felony for any civilly committed sexually violent predator who tampers with or in any way attempts to circumvent the operation of his GPS equipment while on conditional release. The bill also eliminates the requirement that an expert witness be designated by the Commissioner of Behavioral Health and Developmental Services prior to being permitted to testify at a probable cause hearing.
A BILL to amend and reenact §§ 37.2-906 and 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators; penalty.23101625D
Patron: Peake
Communications between ministers of religion and persons they counsel or advise. Clarifies that no minister of religion shall be required to give testimony or evidence in a civil or criminal proceeding that would disclose confidential information provided to him by a person seeking spiritual counsel or advice unless such person seeking spiritual counsel or advise requests or consents to such disclosure from such minister of religion.
A BILL to amend and reenact §§ 8.01-400 and 19.2-271.3 of the Code of Virginia, relating to communications between ministers of religion and persons they counsel or advise.23103451D
Patron: McPike
Employer use of use of employee's social security; prohibited; civil penalty. Prohibits an employer from using an employee's social security number or any derivative thereof as such employee's identification number or including an employee's social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee. The bill imposes a civil penalty of up to $100 for any knowing violation of the prohibition.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:10, relating to prohibited use of employee's social security number by employer; civil penalty.23102583D
Patron: Peake
Interjurisdictional compacts; criminal history record checks. Provides that when an interjurisdictional compact requires criminal history record checks as a condition of participation, the applicable health regulatory board shall require each applicant to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information.
A BILL to amend the Code of Virginia by adding a section numbered 54.1-2409.1:1, relating to interjurisdictional compacts; criminal history record checks.23101247D