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ACROSS SESSIONS
- Subject Index: Since 1995
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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 25, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
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: 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: 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
Alcohol safety action programs. Provides that the membership of a local independent policy board of an alcohol safety action program must include at least one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses. The bill also provides that any court that has convicted a person of a reckless driving violation in which alcohol was a factor shall have continuing jurisdiction over such person during any period of license revocation related to that conviction for the limited purposes of (i) referring such person to a certified alcohol safety action program; (ii) providing for a restricted driver's license permit for such person; and (iii) imposing terms, conditions, and limitations for actions related to such person's participation in a certified alcohol safety action program and use of the restricted driver's license permit. This bill is a recommendation of the Commission on the Virginia Alcohol Safety Action Program.
A BILL to amend and reenact §§ 18.2-271.1 and 46.2-392 of the Code of Virginia, relating to alcohol safety action programs.23103601D
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: Petersen
Retired circuit court and district court judges; recall; evaluation; qualification by Senate Committee on the Judiciary and House Committee for Courts of Justice. Requires that all retired circuit court and district court judges who have requested to sit in recall be evaluated immediately upon retirement, prior to qualification by the Senate Committee on the Judiciary and House Committee for Courts of Justice. Further, the bill requires annual evaluations of all retired judges sitting in recall following such initial evaluations upon retirement. The bill eliminates the provision allowing the Chief Justice of the Supreme Court of Virginia to appoint a retired circuit court or district court judge whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly and who has not been found qualified by the Senate Committee on the Judiciary and the House Committee for Courts of Justice to sit in recall to hear a specific case or to perform judicial duties. Additionally, the bill removes the provision that prioritizes the appointment of a retired district court judge by the chief district judge over the appointment of a retired circuit court judge or substitute judge when the chief district judge determines that assistance is needed in the absence or disqualification of a district court judge.
A BILL to amend and reenact §§ 16.1-69.21, 16.1-69.22:1, 16.1-69.35, and 17.1-106 of the Code of Virginia, relating to retired circuit court and district court judges; recall; evaluation; qualification by Senate Committee on the Judiciary and House Committee for Courts of Justice.23100717D
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: 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
Admission to bail; act of violence. Provides that a magistrate shall not admit a person to bail who is charged with an act of violence without the consent of the attorney for the Commonwealth for the jurisdiction in which the case it filed.
A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to admission to bail; act of violence.23101102D
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: Morrissey
Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995. Repeals the abolition of parole. The bill requires the Virginia Parole Board to establish procedures for consideration of parole for persons who were previously ineligible for parole because parole was abolished and to allow for an extension of time for the scheduling of a parole interview for reasonable cause.
A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to the application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.23103134D
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: 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
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: 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: McPike
Causing a telephone, digital pager, or other device to alert with intent to annoy; emergency communications; penalty. Modernizes the harassing phone call statute to include any communications that may ring or otherwise signal or alert. Under current law, only telephones and digital pagers are included within the ambit of the statute.
A BILL to amend and reenact § 18.2-429 of the Code of Virginia, relating to causing a telephone, digital pager, or other device to alert with intent to annoy; emergency communications; penalty.23101703D
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: 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: Hanger
Liability for sale of alcohol to impaired customer; injury to another person due to operation of vehicle while intoxicated. Creates a cause of action against an alcoholic beverage control retail licensee that sells alcohol to a customer who subsequently injures another by driving while impaired if the consumption of the alcohol caused or contributed to an injury to person or property while the customer operated a motor vehicle.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.8, relating to liability for sale of alcohol to impaired customer; injury to another person due to operation of vehicle while intoxicated.23102982D
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: Boysko
Strangulation by blocking or obstructing the airway of another; penalty. Provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person is guilty of strangulation, a Class 6 felony.
A BILL to amend and reenact § 18.2-51.6 of the Code of Virginia, relating to strangulation by blocking or obstructing the airway of another; penalty.23101406D
Patron: Boysko
Fines, costs, etc.; time period to commence collection activity. Extends the time period, upon agreement by the attorney for the Commonwealth and the clerk of the circuit court or district court, that collection activity may be commenced for unsatisfied fines, costs, forfeitures, penalties, and restitution to 180 days following either (i) the date of the final judgment imposing such costs or (ii) if the final judgment includes an active term of incarceration, the date of the defendant's release from such incarceration, whichever is later. Under current law, collection activity may be commenced 90 days after judgment.
A BILL to amend and reenact § 19.2-349 of the Code of Virginia, relating to fines, costs, etc.; time period to commence collection activity.23102986D
Patron: Mason
Expedited diversion to court-ordered treatment in lieu of criminal adjudication. Establishes a process where a defendant who is charged with certain misdemeanor violations and appears to have a mental illness, and such charged conduct appears to be associated with that mental illness, may be considered for transfer from criminal court to civil process for court-ordered mental health treatment without any adjudication on such misdemeanor charges.
A BILL to amend and reenact §§ 19.2-169.1, as it is currently effective and as it shall become effective, 37.2-803, 37.2-804, and 37.2-804.2 of the Code of Virginia and to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 11.2, consisting of sections numbered 19.2-182.17 through 19.2-182.22, and by adding in Title 37.2 a chapter numbered 8.1, consisting of sections numbered 37.2-848 through 37.2-851, relating to expedited diversion to court-ordered treatment in lieu of criminal adjudication.23102285D
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
Hate crimes and discrimination; anti-Semitism; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of anti-Semitism. The bill also adds victims who are intentionally selected because of anti-Semitism to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense and adds anti-Semitism to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by anti-Semitism, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of anti-Semitism.
A BILL to amend and reenact §§ 2.2-3900, 2.2-3902, 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5 of the Code of Virginia, relating to hate crimes and discrimination; anti-Semitism; penalties.
23104133D
Patron: Reeves
Weapon of terrorism; definition; penalty. Includes any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, as a weapon of terrorism for the purpose of defining terrorism offenses. The bill provides that any person who sells, gives, distributes, or manufactures a weapon of terrorism when that weapon of terrorism is, or contains, any mixture or substance containing a detectable amount of fentanyl is guilty of a Class 2 felony.
A BILL to amend and reenact §§ 18.2-46.4 and 18.2-46.6 of the Code of Virginia, relating to weapon of terrorism; definition; penalty.23103853D
Patron: McDougle
Crimes by gangs. Expands the definition of "predicate criminal act" to include all felonies. The bill also increases various penalties for gang crimes.
A BILL to amend and reenact §§ 18.2-46.1, 18.2-46.2, 18.2-46.3:1, and 18.2-46.3:3 of the Code of Virginia, relating to crimes by gangs.23104152D
Patron: Obenshain
Financial exploitation of vulnerable adults; venue. Provides that, in addition to the county or city in which any act was performed in furtherance of the offense or the accused resided at the time of the offense, venue for the trial of an accused charged with financial exploitation of vulnerable adult may be in any county or city in which (i) the vulnerable adult resides or resided at the time of the offense or (ii) the vulnerable adult sustained a financial loss as a result of the offense. This bill is a recommendation of the Virginia Criminal Justice Conference.
A BILL to amend and reenact § 18.2-178.1 of the Code of Virginia, relating to financial exploitation of vulnerable adults; venue.23100603D
Patron: Obenshain
Liability for sale of alcohol to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to an underage person who was visibly intoxicated if the consumption of the alcohol caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The plaintiff must prove such negligence by a clear and convincing evidence standard.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.8, relating to liability for sale of alcohol to an underage person.23102659D
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: Boysko
Community service work in lieu of payment of fines and costs; work performed while incarcerated. Provides that in the program established by a court to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work, work performed while incarcerated, defined in the bill as work performed for a wage that is less than the Virginia minimum wage, is added as an option for earning such credits during imprisonment at a state, local, or regional correctional facility. The bill makes offering such option for community service work or work performed while incarcerated mandatory. The bill provides that a person who is performing work performed while incarcerated shall be credited at the same rate as the community service work rate less any wages received for such work performed while incarcerated. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory.
A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to community service work in lieu of payment of fines and costs; work performed while incarcerated.23103981D
Patron: Deeds
False emergency communication to emergency personnel; penalties; report. Provides that it is a Class 1 misdemeanor for any person to knowingly report, or cause another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response. The bill also provides that it is a Class 6 felony if such false emergency communication results in an emergency response during which and as a result of such emergency response any person suffers a serious bodily injury and a Class 5 felony if any person is killed. The bill authorizes any locality to provide by ordinance that a person convicted of such false emergency communication shall be liable for the reasonable expense in responding to such false emergency communication. The bill also requires the Secretary of Education, together with the Secretary of Public Safety and Homeland Security, to convene a work group for the purpose of establishing best practices, policies, and procedures for school personnel in the event of false information resulting in an emergency response at or near a school.
A BILL to amend and reenact § 15.2-1716.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-461.1, relating to false emergency communication to emergency personnel; penalties.23103560D
Patron: Deeds
Court-appointed counsel; requests for additional compensation; determination by judge. Requires the presiding judge or chief judge of a circuit or district court, when reviewing a request from court-appointed counsel for additional compensation exceeding existing statutory limits, to provide, in writing, the reason for a determination that such request for additional compensation is not justified.
A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to court-appointed counsel; requests for additional compensation; determination by judge.23103999D
Patron: Deeds
Personal information of judges and magistrates; penalty. Prohibits the Commonwealth from publishing on the Internet the personal information of any active or retired federal or Virginia justice, judge, or magistrate. The bill adds active or retired federal or Virginia justices, judges, and magistrates to the list of people for which an enhanced punishment applies for the crime of using such person's identity with the intent to coerce, intimidate, or harass. The bill also adds active and retired magistrates to the list of people who may furnish, in addition to his residence street address, a post office box address located within the Commonwealth to be included in lieu of his street address on the lists of registered voters. This bill is a recommendation of the Judicial Council of Virginia.
A BILL to amend and reenact §§ 18.2-186.4, 18.2-186.4:1, and 24.2-418 of the Code of Virginia, relating to personal information of judges and magistrates; penalty.23101589D
Patron: Norment
Firearms-related offenses; mandatory minimum sentences; penalty. Increases from three to five years for a first offense and from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies. The bill also increases the punishment from a Class 6 felony to a Class 5 felony and increases from five to 10 years the mandatory minimum sentence for knowingly possessing any firearm within the building of a child day center or public, private, or religious preschool, elementary, middle, or high school and intending to use, or attempting to use, such firearm, or displaying such weapon in a threatening manner. The bill also increases the punishment from a Class 6 felony to a Class 5 felony and increases from five to 10 years for a person previously convicted of a violent felony and from two to five years for a person previously convicted of any other felony within the prior 10 years the mandatory minimum sentences for knowingly and intentionally possessing or transporting any firearm.
A BILL to amend and reenact §§ 18.2-53.1, 18.2-308.1, and 18.2-308.2 of the Code of Virginia, relating to firearms-related offenses; mandatory minimum sentences; penalty.23103248D
Patron: Vogel
Child abuse or neglect; definition; independent activities. Clarifies that no child whose parent or other person responsible for his care allows the child to engage in reasonable independent activities without adult supervision shall for that reason alone be considered to be an abused or neglected child, provided that such independent activities are appropriate based on the child's age, maturity, and physical and mental abilities. The bill provides that such independent activities may include traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, remaining at home for a reasonable period of time, or remaining in a vehicle if such vehicle is parked in a safe location and the temperature is not and will not become dangerously hot or cold.
A BILL to amend and reenact §§ 16.1-228 and 63.2-100 of the Code of Virginia, relating to child abuse or neglect; definition; independent activities.23100856D
Patron: Vogel
Prostitution; solicitation; penalties. Increases the penalty for a third or subsequent offense of solicitation of prostitution from an adult from a Class 1 misdemeanor to a Class 6 felony.
A BILL to amend and reenact § 18.2-346.01 of the Code of Virginia, relating to prostitution; solicitation; penalties.
23103490D
Patron: Stuart
Virginia Fusion Intelligence Center; Mental Health Crisis Intervention Hotline; creation. Directs the Virginia Fusion Intelligence Center to (i) establish a 24-hour-a-day, seven-day-a-week toll-free Mental Health Crisis Intervention Hotline to receive anonymous tips regarding individuals suspected to be in need of mental health treatment in order to facilitate mental health treatment, crisis intervention, and the prevention of tragedies and (ii) develop and implement policies and procedures for referring tips received through the Hotline to state or local law enforcement, as may be appropriate, in a timely manner for follow-up and investigation.
A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 52 a section numbered 52-49.1, relating to Virginia Fusion Intelligence Center; Mental Health Crisis Intervention Hotline; creation.23101979D
Patron: Surovell
Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses.
The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record.
The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 9.1-128, as it shall become effective, 17.1-293.1, as it shall become effective, 19.2-392.2, 19.2-392.3, 19.2-392.5, 19.2-392.6, 19.2-392.7, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.13, and 19.2-392.14 and to repeal §§ 19.2-389.3, 19.2-392.2:1, 19.2-392.2:2, and 19.2-392.9 of the Code of Virginia, relating to criminal records; expungement and sealing of records; repeal.23102885D
Patron: Dunnavant
Testing of certain persons for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, the attorney for the Commonwealth may request after consultation with any complaining witness, or shall request upon the request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill. The bill provides that if the request is denied, a court finding probable cause shall order such testing.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-61.1, relating to testing of certain persons for sexually transmitted infections.
23102051D
Patron: Vogel
Selling, giving, or distributing a substance containing 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 person's knowledge that the substance sold, given, or distributed contains fentanyl is guilty of attempted murder of the first degree by poison. 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 first degree by poison.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.05, relating to selling, giving, or distributing a substance containing fentanyl; penalties.23104369D
Patron: Lucas
Modification of sentence for marijuana related offenses. Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2022, who remain incarcerated or on community supervision on July 1, 2023, may receive an automatic hearing to consider modification of such person's sentence. The bill also allows persons convicted of any felony offense committed prior to July 1, 2022, who remain incarcerated or on community supervision on July 1, 2023, and whose sentence may have been enhanced because of a previous felony marijuana offense or without the involvement of marijuana such felony offense conviction or felony sentence enhancement would not have been possible, as the involvement of marijuana was necessary to satisfy the elements of the charged offense or the sentence enhancement, to petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2025. The provisions of this bill sunset on July 1, 2026.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to modification of sentence for marijuana-related offenses.23104771D
Patron: Deeds
Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment; Virginia Longitudinal Data System. Allows the Virginia Criminal Sentencing Commission to contribute the statewide and locality-level data it collects on adults charged with criminal offenses punishable by incarceration to the Virginia Longitudinal Data System administered by the State Council of Higher Education for Virginia.
A BILL to amend and reenact § 19.2-134.1 of the Code of Virginia, relating to collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment; Virginia Longitudinal Data System.23102142D
Patron: Stuart
Enhanced earned sentence credits; exemptions; certain firearm-related offenses; felony conviction during confinement. Removes any person convicted of a certain felony offenses involving a firearm from eligibility for enhanced earned sentence credits and reduces enhanced earned sentence credit to zero for a person who receives a felony conviction for an offense that occurred while a prisoner in a local, state, or community correctional facility or in the custody of an employee thereof.
A BILL to amend and reenact § 53.1-202.3 of the Code of Virginia, relating to enhanced earned sentence credits; exemptions; certain firearm-related offenses; felony conviction during confinement.23105071D