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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
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 18, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Petersen
Immunity of persons at public hearing; statements made by employee against employer. Clarifies that the civil immunity provided to any person who makes a statement at a public hearing or that is communicated to a third party applies where such statement is made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law.
A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; statements made by employee against employer.23102261D
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: Stanley
Virginia Prisoner Litigation Reform Act. Expands the Virginia Prisoner Litigation Reform Act to apply to civil actions brought by prisoners who are represented by counsel. Under current law, the provisions of the Act apply only to pro se prisoners. The bill clarifies that the Act shall apply to all civil actions for money damages brought under the laws of the Commonwealth and civil actions for injunctive, declaratory, or mandamus relief brought under the laws of the Commonwealth or federal law. The bill also provides that the Act shall apply to civil actions brought by prisoners who are currently or were formerly incarcerated in any state or local correctional facility or a facility operated under the Corrections Private Management Act and that all such civil actions shall be brought in the circuit court of the city or county in which the prison is located where the prisoner was housed when his cause of action arose. The bill also clarifies when a genuine issue of material fact exists for the purposes of a summary judgment.
A BILL to amend and reenact §§ 8.01-690, 8.01-693, and 8.01-696 of the Code of Virginia, relating to Virginia Prisoner Litigation Reform Act.23101463D
Patron: McDougle
Deferred disposition in a criminal case for persons with autism or intellectual disabilities; child pornography offenses. Adds child pornography offenses to the list of offenses that are ineligible for a court to apply the deferred disposition provisions where the defendant has been diagnosed with autism or an intellectual disability.
A BILL to amend and reenact § 19.2-303.6 of the Code of Virginia, relating to deferred disposition in a criminal case for persons with autism or intellectual disabilities; child pornography offenses.23101103D
Patron: McDougle
Racketeering offenses; penalty. Adds petit larceny to the list of offenses included in the definition of "racketeering activity." The bill prohibits any person who is directed by an organizer, supervisor, or manager of an enterprise from (i) receiving or distributing any proceeds or anything of value known to have been derived directly from racketeering activity and (ii) using or investing an aggregate of $10,000 or more of such proceeds or such things of value in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise. A first offense is punishable by between five and 40 years' imprisonment and a fine of not more than $1 million, and a second or subsequent offense is punishable as a Class 2 felony and a fine of not more than $2 million.
Current law criminalizes an enterprise or any person who occupies a position of organizer, supervisor, or manager of an enterprise for (a) receiving proceeds from racketeering and (b) using or investing $10,000 or more of such proceeds in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise.
A BILL to amend and reenact §§ 18.2-513 and 18.2-514 of the Code of Virginia, relating to racketeering offenses; penalty.
23103447D
Patron: McDougle
Attorney General; instituting or conducting criminal prosecutions for violations of criminal sexual assault and commercial sex trafficking committed against children. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of criminal sexual assault or commercial sex trafficking 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 violations of criminal sexual assault and commercial sex trafficking committed against children.23103513D
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: Hashmi
Misdemeanor; maximum term of confinement. Reduces from 12 months to 364 days the maximum term of confinement in jail for a Class 1 misdemeanor. The bill contains technical amendments.
A BILL to amend and reenact §§ 18.2-11, 22.1-279.6, 33.2-802, 36-85.12, 62.1-44.15:48, as it is currently effective, 62.1-44.32, as it is currently effective and as it shall become effective, and 62.1-44.34:20 of the Code of Virginia, relating to misdemeanor; maximum term of confinement.23100748D
Patron: Hashmi
Disposition of unrestorably incompetent defendant; acts of violence. Provides that the same disposition procedures currently in place for an unrestorably incompetent defendant charged with aggravated murder shall also apply to an unrestorably incompetent defendant charged with an act of violence, which include procedures providing that such charge shall not be dismissed and that the court may order that the defendant receive continued treatment to restore competency, provided that (i) hearings be held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored; (ii) the defendant remains incompetent; (iii) the court finds continued treatment to be medically appropriate; and (iv) the defendant presents a danger to himself or others. Under current law, if a defendant charged with an act of violence is found to be unrestorably incompetent, the court shall order that he be (a) released, (b) involuntarily committed, (c) certified as eligible for admission to a training center, or if applicable (d) screened for civil commitment of sexually violent predators.
A BILL to amend and reenact § 19.2-169.3 of the Code of Virginia, relating to disposition of unrestorably incompetent defendant; acts of violence.23101901D
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: 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: DeSteph
Law-enforcement officers; protected personal information. Provides that any law-enforcement officer who provides information relative to a criminal investigation or in proceedings preliminary to a criminal prosecution may refuse, unless ordered by a court, to disclose his residence address, home telephone number, or any personal information concerning his family. The bill also provides that any law-enforcement officer who testifies as a witness in a criminal case may refuse to disclose personal information concerning his family unless it is determined by the court that such evidence is relevant to the case.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 16 of Title 19.2 a section numbered 19.2-271.7, relating to law-enforcement officers; protected personal information.23103432D
Patron: Stuart
Exclusion of witnesses; governmental agencies and other entities. Adds an officer or agent of a partnership, governmental agency, or other entity to the list of persons who are exempt from the rule allowing the exclusion of witnesses during a proceeding in a civil case.
A BILL to amend and reenact § 8.01-375 of the Code of Virginia, relating to exclusion of witnesses; governmental agencies and other entities.23100836D
Patron: Norment
Judicial Inquiry and Review Commission; exception to confidentiality; complainant notification of final decision or action. Requires the Judicial Inquiry and Review Commission to provide notice to a complainant of any final decision made or action taken, and the specific reasons for such decision or action, in regards to his filed complaint within 30 days of such decision or action.
A BILL to amend and reenact § 17.1-913 of the Code of Virginia, relating to the Judicial Inquiry and Review Commission; exception to confidentiality; complainant notification of final decision or action.23100883D
Patron: McPike
Appointment of guardian ad litem for minor witness. Authorizes a general district court to appoint a guardian ad litem to represent a minor who is required to testify as a witness in a case before the court.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-396.2, relating to appointment of guardian ad litem for minor witness.23101705D
Patron: Hackworth
Unmanned aircraft systems; trespass over correctional facilities; penalty. Prohibits any unmanned aircraft system from coming within 400 feet of the lateral boundaries of any local or state correctional facility, as defined in § 53.1-1, or juvenile correctional center without consent or authorization. A violation of this prohibition is a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-121.3 of the Code of Virginia, relating to unmanned aircraft systems; trespass over correctional facilities; penalty.23101318D
Patron: Edwards
Juvenile and domestic relations district courts; Department of Juvenile Justice; adjudication of delinquency. 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 younger 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.
The bill also specifies that a delinquent child is a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a juvenile younger than 11 years of age is found to have committed a delinquent act, the juvenile shall not be proceeded upon as delinquent; however, the court may make any orders of disposition authorized for a child in need of services or a child in need of supervision. The bill has a delayed effective date of January 1, 2025.
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, 16.1-285.1, 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, 16.1-307 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 and to amend the Code of Virginia by adding a section numbered 16.1-278.9:1, relating to juvenile and domestic relations district courts; Department of Juvenile Justice; adjudication of delinquency.23101977D
Patron: Ebbin
Writs of eviction; returns to issuing clerk. Requires the sheriff executing a writ of eviction to return such executed writ to the clerk of court who issued such writ. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to report annually to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned during the preceding fiscal year and directs the Virginia Housing Commission to convene a stakeholder work group to study a more comprehensive data collection process to track the resolution of writs of unlawful detainers filed in the Commonwealth.
A BILL to amend and reenact § 8.01-471 of the Code of Virginia, relating to writs of eviction; returns to issuing clerk.23104058D
Patron: Ebbin
Notaries; course and examination; journal and electronic record of notarial acts. Requires every applicant for a notary or electronic notary commission to take, within 90 days preceding the application, a course of instruction and to complete a written examination of such course. The bill specifies that the content of the course and the basis for the written examination shall include notarial laws, procedures, and ethics. The bill also requires any notary to keep a journal of notarial acts and any electronic notary to keep an electronic record of notarial acts and for such notary or electronic notary to keep, maintain, protect, and provide for lawful inspection of such journal or electronic record.
A BILL to amend and reenact § 47.1-2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 47.1-5.2, 47.1-14.1, and 47.1-14.2, relating to notaries; course and examination; journal and electronic record of notarial acts.23103525D
Patron: Ebbin
Marriage lawful regardless of sex of parties. Clarifies that a marriage between two parties is lawful regardless of the sex or gender of such parties, provided that such marriage is not otherwise prohibited by the laws of the Commonwealth. The bill also provides that religious organizations or members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.
A BILL to amend the Code of Virginia by adding a section numbered 20-13.2, relating to marriage lawful regardless of sex of parties.23103930D
Patron: Stuart
Workplace violence; violence in certain public places; penalty. Makes it a Class 3 felony for any person to commit an act of violence at (i) such person's place of employment or former place of employment, or a franchise thereof, whether on or off duty and whether during or outside of normal business hours; (ii) a place of worship; (iii) a courthouse; or (iv) a hospital. The bill provides that such offense is a separate and distinct offense, punishment for which shall be consecutive to any punishment received for the act of violence.
A BILL to amend the Code of Virginia by adding in Chapter 7 of Title 18.2 an article numbered 9, consisting of a section numbered 18.2-324.3, relating to workplace violence; penalty.
23103799D
Patron: Stanley
Possession, purchase, sale, and transportation of catalytic converters; penalty. Makes it a Class 6 felony for any person to sell, offer for sale, or purchase a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle. The bill also makes it a Class 6 felony for any person to transport from inside the Commonwealth to outside of the Commonwealth a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle with the intent to sell such catalytic converter. The bill provides that a person who is in possession of a catalytic converter that has been removed from a motor vehicle is presumed to have criminally obtained such catalytic converter unless the person is an authorized agent or employee acting in the performance of his official duties for a motor vehicle dealer, motor vehicle garage or repair shop, or salvage yard that is licensed or registered by the Commonwealth or a person who possesses vehicle registration documentation indicating that the catalytic converter in the person's possession is the result of a replacement of a catalytic converter from a vehicle registered in that person's name.
A BILL to amend and reenact §§ 18.2-146, 59.1-136.1, and 59.1-136.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-146.1, relating to possession, purchase, sale, and transportation of catalytic converters; penalty.23101658D
Patron: Morrissey
Unauthorized dissemination of photographic or digital images from a security camera in a state correctional facility; penalty. Provides that any person who retrieves photographic, motion picture, or other digital images captured or recorded by a security camera or other device used for surveillance or security purposes at a state correctional facility and disseminates such images, without the permission of the Director of the Department of Corrections or his designee, to another person who is not employed by the Department of Corrections is guilty of a Class 6 felony.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-474.3, relating to unauthorized dissemination of photographic or digital images from a security camera in a state correctional facility; penalty.23101330D
Patron: Peake
Criminal history record information; dissemination. Allows criminal history record information to be disseminated to the Commissioner of Behavioral Health and Developmental Services for (i) individuals who are being evaluated by the Commissioner to determine the individual's sanity at the time of a criminal offense or capacity to stand trial for the purpose of placement, evaluation, treatment, or discharge planning or (ii) any individual otherwise committed to the custody of the Commissioner when, in the Commissioner's discretion, such information may be beneficial for the purpose of placement, evaluation, treatment, or discharge planning.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to criminal history record information; dissemination.23102880D
Patron: McDougle
Possession, purchase, or sale of catalytic converters; penalty. Makes it a Class 6 felony for any person to sell, offer for sale, or purchase a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle. The bill provides that a person who is in possession of a catalytic converter that has been removed from a motor vehicle is presumed to have criminally obtained such catalytic converter unless the person is an authorized agent or employee acting in the performance of his official duties for a motor vehicle dealer, motor vehicle garage or repair shop, or salvage yard that is licensed or registered by the Commonwealth or a person who possesses vehicle registration documentation indicating that the catalytic converter in the person's possession is the result of a replacement of a catalytic converter from a vehicle registered in that person's name.
A BILL to amend and reenact §§ 18.2-146, 59.1-136.1, and 59.1-136.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-146.1, relating to possession, purchase, and sale of catalytic converters; penalty.23102054D
Patron: McPike
Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2024. The bill requires an appointed guardian and any staff employed by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months of the date of the initial court order of appointment and guardians and such staff appointed prior to July 1, 2024, to complete such training by January 1, 2026. The bill further requires a guardian to include in his annual report to the local department of social services a statement as to whether such training has been completed.
A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relating to Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required.23102600D
Patron: McPike
Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any local department of social services, criminal justice agency, financial institution, investment advisor, or other financial services provider, to provide, upon request from the appointed guardian ad litem, such information, records, or reports to the appointed guardian ad litem. The bill also specifies that the individual or entity who provides such information, records, or reports shall do so within five days of the request from the guardian ad litem and shall provide the information, records, or reports at no cost but may attach a statement of expenses or invoice to the requested information, records, or reports to be considered by the court in its determination of the award of costs in a proceeding. Under current law, health care providers and local school divisions are required to provide such information, records, or reports to guardians ad litem upon request.
The bill also requires certain financial institutions, in cooperation with an investigation of alleged abuse, neglect, or exploitation of an adult, to make available any financial records or information relevant to such investigation upon request from any guardian ad litem who has been appointed by the court to represent such adult. The bill immunizes such financial institutions from civil or criminal liability for providing such financial records or information, provided that such financial institutions did not engage in gross negligence or willful misconduct.
A BILL to amend and reenact §§ 6.2-103.1 and 64.2-2003 of the Code of Virginia, relating to appointment of guardian ad litem; requested information, records, or reports from an individual or entity.23104005D
Patron: Reeves
Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Service, through Virginia Rap Back Service, for fingerprint-based criminal history record monitoring; penalty. Requires the Department of State Police (the Department) to participate in the Federal Bureau of Investigation's (FBI) Next Generation Identification (NGI) Rap Back Service, through the Virginia Rap Back Service (the Service), for the purpose of allowing those agencies and governmental entities that require a fingerprint-based criminal background check as a condition of (i) providing care to (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service to be advised when an individual subject to such screening is arrested for, or convicted of, a criminal offense. The bill provides that fingerprints submitted to the FBI through the Virginia Rap Back Service may be used for future searches, including latent searches.
The bill requires the Department to ensure that notification is made to the participating entity, defined in the bill, when an FBI Rap Back report is received. Any unauthorized use of the information submitted to the Service is prohibited; any willful violation with the intent to harass or intimidate another is a Class 1 misdemeanor. The bill requires the Department to promulgate regulations governing the Service and the removal and destruction of records on persons who are deceased or are no longer enrolled in the Service. The bill authorizes the Department to charge a reasonable fee per individual enrolled in the Service, paid by any participating entity enrolling the individual in the Service and provides that when more than one participating agency enrolls the same individual in the Service, both entities shall be responsible for paying the full cost for maintenance and notification. The bill requires that any fees collected shall be deposited in a special account to offset costs of subscription fees, maintenance fees, and enhancements related to the Criminal and Rap Back Information Service.
Under current law, the Department maintains an Applicant Fingerprint Database (the Database) that functions similarly to the Service. The bill transitions the Department from using the Database and requires the Service to be operational no later than July 1, 2025, contingent upon appropriation of funds.
A BILL to amend and reenact § 52-46 of the Code of Virginia, relating to Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Service, through Virginia Rap Back Service, for fingerprint-based criminal history record monitoring; penalty.
23104211D
Patron: Reeves
Killing or injuring police animals; penalty. Requires a mandatory minimum term of imprisonment of six months for any person who maliciously kills or injures an animal owned, used, or trained by a law-enforcement agency, a regional jail, or the Department of Corrections while such animal is performing its lawful duties or is being kept in a kennel, pen, or stable while off duty. The bill also provides that such punishment be separate and apart from, and be made to run consecutively with, any other sentence.
A BILL to amend and reenact § 18.2-144.1 of the Code of Virginia, relating to killing or injuring police animals; penalty.23102177D
Patron: Reeves
Obscene; definition. Defines "obscene" for the purposes of obscenity law to mean that as it relates to materials or a performance (i) the average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material or performance taken as a whole appeals to the prurient interest in sex; (ii) the material or performance lacks serious literary, artistic, political, or scientific value; (iii) the material or performance as used is not protected or privileged under the United States Constitution or the Constitution of Virginia; and (iv) such material or performance depicts or describes (a) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality, or (b) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs. Under current law, "obscene" for the purposes of obscenity law is defined as that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof, or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political, or scientific value.
A BILL to amend and reenact § 18.2-372 of the Code of Virginia, relating to obscene; definition.23102944D
Patron: Lucas
Child abuse and neglect; custody and visitation; possession or use of marijuana. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based solely on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed marijuana in accordance with applicable law. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill.
A BILL to amend and reenact §§ 16.1-228, 16.1-278.15, 20-124.2, and 63.2-100 of the Code of Virginia, relating to child abuse and neglect; custody and visitation; possession or use of marijuana.23101430D
Patron: Obenshain
Line of Duty Act; campus police officers; contributing private institutions of higher education. Provides employees of contributing private institutions of higher education with the benefits granted to employees of participating employers under the Line of Duty Act. The bill defines "contributing private institutions of higher education" as private institutions of higher education that have established a campus police department and made an irrevocable election to provide the benefits under the Line of Duty Act and to fund the cost by participating in the Line of Duty Death and Health Benefits Trust Fund. The bill clarifies that the Line of Duty Act shall not apply to any private institution of higher education that is not a contributing private institution of higher education.
A BILL to amend and reenact §§ 9.1-400, 9.1-400.1, 9.1-401, 9.1-402, 9.1-402.1, 9.1-403, and 9.1-404, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Line of Duty Act; campus police officers; contributing private institutions of higher education.23103835D
Patron: Dunnavant
Anti-Semitism. Provides that the term "anti-Semitism" when used in reference to discrimination in the Code of Virginia and acts of the General Assembly is defined by the Working Definition of Anti-Semitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016, including the contemporary examples of anti-Semitism set forth in such definition.
A BILL to amend the Code of Virginia by adding a section numbered 1-204.1, relating to anti-Semitism.23103967D
Patron: DeSteph
Wrongful death; death of parent or guardian of child resulting from driving under the influence; child support. Provides that in any action for death by wrongful act where the defendant, as a result of driving a motor vehicle or operating a watercraft under the influence, unintentionally caused the death of another person who was the parent or legal guardian of a child, the person who has custody of such child may petition the court to order that the defendant pay child support.
A BILL to amend and reenact §§ 20-108.1 and 20-108.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-52.01, relating to wrongful death; death of parent or guardian of a child resulting from driving under the influence; child support.
23103230D
Patron: DeSteph
Grand larceny and certain property crimes; penalties. Reduces from $1,000 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill reduces the threshold by the same amount for the classification of certain property crimes. The bill also provides that any person convicted of a second larceny offense shall be confined in jail not less than 30 days nor more than 12 months and that for a third or any subsequent offense, he is guilty of a Class 6 felony.
A BILL to amend and reenact §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-104.01, relating to grand larceny and certain property crimes; penalties.23100608D
Patron: Deeds
Filling, refilling, or otherwise delivering of liquefied petroleum gas during a qualifying emergency. Provides that when a qualifying emergency, as defined in the bill, is in effect, a residential customer who reasonably believes the amount of liquefied petroleum gas in his liquefied petroleum gas container will be insufficient to meet his heating needs, such customer shall make a good faith effort to procure delivery of liquefied petroleum gas from the owner of the container, but if the owner is unable to fulfill the customer's good faith request within 24 hours, the customer may have an emergency supplier fill, refill, or otherwise deliver liquefied petroleum gas into the customer's container. Under current law, it is a Class 3 misdemeanor for any person except the owner or other person authorized by the owner to fill or refill a liquefied petroleum gas container with liquefied petroleum gas.
A BILL to amend and reenact §§ 18.2-493, 18.2-494, and 18.2-495 of the Code of Virginia, relating to filling, refilling, or otherwise delivering of liquefied petroleum gas during a qualifying emergency.23100116D