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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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 30, 2023
Time and Place: 8 AM Senate Committee Room A / Pocahontas Building
Updated: SB1383 added to the docket
Patron: Chase
Control of firearms by localities. Removes the authority for a locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any building, or part thereof, owned or used by such locality for governmental purposes; (ii) any public park owned or operated by the locality; (iii) any recreation or community center facility; or (iv) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. The bill provides that any firearm received by the locality pursuant to a buy-back program shall be offered for sale by public auction or sealed bids to a person licensed as a dealer. Current law provides that any such firearm shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale. The bill also limits the authority of localities to bring lawsuits against certain firearms manufacturers and others and further provides that the right to bring any such action is reserved exclusively to the Commonwealth and shall be brought by the Attorney General.
A BILL to amend and reenact §§ 15.2-915 and 15.2-915.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-915.6, relating to control of firearms by localities.23100913D
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: 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: 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
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
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: 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: 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: 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: Lucas
Magistrates; appointment and supervision. Gives supervisory control over the magistrate system to the chief circuit court judge and the Committee on District Courts and abolishes magisterial regions. Under current law, the Executive Secretary of the Supreme Court of Virginia exercises such authority with a provision for consultation with the chief judges of the circuit courts in the region where the appointment is made.
A BILL to amend and reenact §§ 19.2-34 through 19.2-38, 19.2-43, 19.2-44, 19.2-45, 19.2-46, 19.2-46.1, 19.2-48.1, and 37.2-809 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-35.1, relating to magistrates; appointment and supervision.23103049D
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: 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
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: 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: Stuart
Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person to (i) conspire or act in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and to take or cause such retail property to be placed in the control of a retail property fence or other person; (ii) receive or possess any retail property that has been obtained by simple larceny from one or more retail mercantile establishments in violation of clause (i) while knowing or having reasonable grounds to believe the property was unlawfully obtained; or (iii) conspire or act in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments in violation of either of clause (i) or clause (ii). The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill makes it a Class 5 felony for any person to injure property during an act or attempted act of organized retail theft when the value of or damage to the property, memorial, or monument is $1,000 or more. The bill 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. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.
A BILL to amend and reenact §§ 18.2-46.1, 18.2-137, and 18.2-513 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-511.2, 18.2-103.1, and 18.2-104.01, relating to organized retail theft; report; penalty.
23101935D
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: Morrissey
District courts; substitute judges; per diem compensation. Raises from $200 to $500 the per diem compensation for substitute judges in a general district court and juvenile and domestic relations district court.
A BILL to amend and reenact § 16.1-69.44 of the Code of Virginia, relating to district courts; substitute judges; per diem compensation.23104084D
Patron: Chase
Firearms; removal from persons posing substantial risk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. The bill also removes the substantial risk order registry for the entry of orders issued.
A BILL to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to repeal § 18.2-308.1:6, Chapter 9.2 (§§ 19.2-152.13 through 19.2-152.17) of Title 19.2, and § 19.2-387.3 of the Code of Virginia, relating to firearms; removal from persons posing substantial risk; penalties.23104312D
Patron: Petersen
Sex Offender and Crimes Against Minors Registry; removal of name and identifying information. Creates an additional process for a person required to register on the Sex Offender and Crimes Against Minors Registry (Registry) to have his name and information removed from the Registry through a removal request form submitted to the Virginia State Police if such person meets the eligibility criteria, defined in the bill. The bill requires the Virginia State Police to remove from the Registry the name of any person and all identifying information within 30 days of receipt of the removal request form upon determining that such person has met the eligibility requirements.
The bill directs the Virginia State Police to develop a form for requesting removal from the Sex Offender Registry and make such form available on its website on or before October 1, 2023; such form shall also include information on how to obtain a criminal history record check, the link to the record check form, the cost of the record check, and the address to which the removal request should be returned. The bill also directs the Virginia State Police shall send a letter by first-class mail notifying every person currently on the Sex Offender Registry of the change in the name removal process on or before October 1, 2023. Current law only allows a person to petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he resides for removal of his name and all identifying information from the Registry after such person is eligible.
A BILL to amend and reenact § 9.1-910 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; removal of name and identifying information.23102255D
Patron: Mason
Orders for involuntary outpatient evaluations and services; evidence of defendant's mental condition. Allows the court, if a defendant is found not guilty of any offense after a trial at which evidence of his mental condition was admitted, to enter an order for an outpatient evaluation of the defendant if the court finds probable cause to believe the defendant meets the criteria for an outpatient evaluation set forth in the bill. The bill requires the court to subsequently enter an order for outpatient services if it finds, by clear and convincing evidence, that the defendant has a mental condition, defined in the bill; the defendant engaged in conduct that created a risk of harm to himself or others; the conduct was related to the defendant's mental condition; the defendant is in need of outpatient treatment to prevent a relapse or deterioration of his mental condition; and there is a reasonable likelihood that community-based services for the defendant's mental condition will reduce the risk of harm. The bill imposes a time limit of 180 days on orders for outpatient services and provides processes for rescinding and continuing the order. The bill requires that orders for outpatient services include an outpatient services plan prepared by the community services board or behavioral health authority. The bill also clarifies a defendant's ability to offer evidence regarding his mental condition at the time of the alleged offense in certain circumstances if such evidence tends to show that the defendant did not have the requisite intent required for the offense charged.
A BILL to amend and reenact § 19.2-271.6 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 8 of Title 37.2 an article numbered 5.1, consisting of a section numbered 37.2-828.1, relating to orders for involuntary outpatient evaluations and services; evidence of defendant's mental condition.23104866D
Patron: Deeds
Protective orders; extensions and continuances; other monetary relief; penalty. Provides that if a petitioner files a written motion requesting a hearing to extend a permanent protective order, the court may extend the protective order until the extension hearing or for an additional period not to exceed six months if the respondent fails to appear at the extension hearing because the respondent was not personally served with such motion. The bill also provides that the petitioner or respondent may file a written motion for a continuance of the extension hearing; that the court may, for good cause shown, continue the extension hearing; and that such protective order shall remain in effect until the continued extension hearing.
The bill also provides that when a temporary protective order has been issued, the court may continue the full hearing of the protective order upon the motion of the petitioner and for good cause shown. Under current law, only the respondent may file a motion to continue the hearing. The bill provides that in cases of family abuse where the court orders a permanent protective order, the court may also award other monetary relief or financial support to the petitioner for the protection of the petitioner and any other family or household member of the petitioner.
A BILL to amend and reenact §§ 16.1-253.1, 16.1-279.1, 19.2-152.9, and 19.2-152.10 of the Code of Virginia, relating to protective orders; extensions and continuances; other monetary relief; penalty.23104445D