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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: February 1, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
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: Favola
Search warrants; menstrual health data prohibited; definition. Prohibits the issuance of a search warrant for the search and seizure of a computer, computer network, or other device containing electronic or digital information related to menstrual health data, as defined in the bill.
A BILL to amend and reenact § 19.2-53 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.2, relating to search warrants; menstrual health data prohibited.23102370D
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
Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.
A BILL to amend and reenact §§ 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1051, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia, relating to issuing citations; certain traffic offenses.23103276D
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: 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: 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: Peake
Crime victim rights; notification from the attorney for the Commonwealth. Requires an attorney for the Commonwealth to consult with a crime victim in a felony case to (i) inform the victim of the contents of a proposed plea agreement and (ii) obtain the victim's views about the disposition of the case. The bill provides that the victim shall be notified of any proceeding in which the plea agreement will be tendered to the court. Under current law, such consultation and notification is required only upon the victim's request.
A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to crime victim rights; notification from the attorney for the Commonwealth.23103549D
Patron: DeSteph
Issuing citations; certain traffic offenses. Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.
A BILL to amend and reenact §§ 46.2-334.01, 46.2-646, 46.2-810.1, 46.2-923, 46.2-926, 46.2-1003, 46.2-1013, 46.2-1014, 46.2-1014.1, 46.2-1030, 46.2-1049, 46.2-1051, 46.2-1052, 46.2-1054, 46.2-1094, 46.2-1157, and 46.2-1300 of the Code of Virginia, relating to issuing citations; certain traffic offenses.23102779D
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: 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: 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
Unlawful picketing or parading to obstruct or influence justice; penalty. Provides that any person who, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing or intimidating in the discharge of his duty any judge, juror, witness, court officer, or court employee, pickets or parades in or near a residence occupied or used by such person is guilty of a Class 1 misdemeanor. The bill also provides that the provisions regarding the issuance and service of summons in place of a warrant do not apply to such violations.
A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 9 of Title 18.2 a section numbered 18.2-419.1, relating to unlawful picketing or parading to obstruct or influence justice; penalty.
23103543D
Patron: Obenshain
Admission to bail; rebuttable presumptions against bail. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill. The bill also requires the court to consider specified factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release.
A BILL to amend and reenact §§ 19.2-120 and 19.2-124 of the Code of Virginia, relating to admission to bail; rebuttable presumptions against bail.
23102668D
Patron: Obenshain
Legal notices; online publications. Provides that, where any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such ordinance, resolution, notice, or advertisement instead may be published in an online publication, subject to certain requirements specified in the bill.
A BILL to amend and reenact § 8.01-324 of the Code of Virginia, relating to legal notices; online publications.23103717D
Patron: Obenshain
Child Pornography Registry; required information. Requires the Child Pornography Registry to include hash values or other applicable identification method of all known or suspected child pornography obtained during the course of a criminal investigation or presented as evidence and used in any conviction. Under current law, the Registry is required to include copies of such content.
A BILL to amend and reenact § 19.2-390.3 of the Code of Virginia, relating to Child Pornography Registry; required information.23101337D
Patron: Surovell
Abortion or other reproductive health care services; prohibitions on extradition for certain crimes; prohibited practices under Virginia Consumer Protection Act. Provides that no demand for extradition of a person charged with a criminal violation of law of another state shall be recognized by the Governor if such alleged violation involves the receipt of or assistance with reproductive health care services unless the alleged violation would also constitute a criminal offense under the laws of the Commonwealth. The bill adds obtaining, disclosing, selling, or disseminating certain enumerated personal reproductive or sexual health information without the consent of the consumer as a prohibited practice under the Virginia Consumer Protection Act.
A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-87.1, relating to abortion or other reproductive health care services; prohibitions on extradition for certain crimes; prohibited practices under Virginia Consumer Protection Act.23103737D
Patron: Surovell
Crime Victim and Witness Rights Act; notifications to victims; Attorney General. Clarifies that, for the purposes of the Crime Victim and Witness Rights Act, the "attorney for the Commonwealth" includes the Attorney General when the Attorney General is instituting or conducting a criminal prosecution pursuant to the enumerated authority to institute or conduct such matter.
A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to Crime Victim and Witness Rights Act; notifications to victims; Attorney General.23100068D
Patron: Obenshain
Arrest and return of parolee or felon serving a period of postrelease supervision. Directs the circuit court of the sentencing jurisdiction to initiate proceedings against a felon serving a period of postrelease supervision upon a showing of a violation or probable violation of any of the terms or conditions of his release. Under current law, the Chairman or any member of the Parole Board initiates such proceedings.
A BILL to amend and reenact § 53.1-161 of the Code of Virginia, relating to arrest and return of parolee or felon serving period of postrelease supervision.23103530D
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: Petersen
Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The attorney for the Commonwealth shall continue to represent the Commonwealth in any criminal case on appeal before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney so long as the record remains lodged in the trial court. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. The bill provides that the attorney for the Commonwealth shall represent the Commonwealth before the appellate courts on criminal pretrial petitions for appeal. The bill eliminates the requirement that four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing in criminal pretrial appeals. The bill also provides that a motion to vacate a criminal conviction filed more than 21 days after a final order has been entered in the case is a civil motion and does not have an appeal of right.
A BILL to amend and reenact §§ 2.2-511, 15.2-1627, 17.1-407, 19.2-402, and 19.2-404 of the Code of Virginia, relating to criminal appeals; duties of the Attorney General and attorney for the Commonwealth.23102452D
Patron: McDougle
Notifications in juvenile cases; exception to confidentiality. Provides that whenever an intake officer proceeds informally against a juvenile, the Department of Juvenile Justice or a local court service unit may disclose information to any law-enforcement officer, school principal where such juvenile attends school, or known victim as necessary to enforce any provision of the diversion program. The bill also provides that a local court service unit may provide information regarding the availability and ordering of a protective order and restitution and dispositional information to the victim in the case.
A BILL to amend and reenact § 16.1-309.1 of the Code of Virginia, relating to notifications in juvenile cases; exception to confidentiality.23103728D
Patron: Boysko
Assault and battery; persons diagnosed with autism spectrum disorder, intellectual disability, or mental illness; penalties. Provides that any person charged with a simple assault and battery offense who has been diagnosed by a psychiatrist or clinical psychologist with an autism spectrum disorder, an intellectual disability or developmental disability, or serious mental illness shall not be subject to a mandatory minimum punishment if the court finds that the violation was caused by or had a direct and substantial relationship to the person's disorder or disability. Under current law, certain simple assault and battery offenses carry a mandatory minimum punishment when such offenses are committed against certain groups of people, including judges, law-enforcement officers, first responders, school employees, and health care providers.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; persons diagnosed with autism spectrum disorder, intellectual disability, or serious mental illness; penalties.23101068D
Patron: Boysko
Expungement and sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition; defendant with a disorder or disability. Provides that a defendant with a disorder or disability, as defined in the bill, may file a petition that requests the sealing of the criminal history record information and court records of a Class 4 felony conviction or deferred and dismissed disposition. Under current law, Class 4 felony convictions or deferred and dismissed dispositions are ineligible to be sealed. The bill also provides that when a conviction or deferral and dismissal has been sealed, the defendant of such sealed record is a defendant with a disorder or disability, and the Governor granted the defendant a simple pardon for the commission of the crime or offense that was sealed, such conviction or deferral and dismissal shall be considered to be otherwise dismissed for purposes of expungement.
A BILL to amend and reenact § 19.2-392.12, as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-392.2:3, relating to expungement and sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition; defendant with a disorder or disability.23104302D
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: Dunnavant
Judgment or child support order for pregnancy and delivery expenses. Authorizes a court, in a judgment or order establishing parentage or in a child support order, to direct the legal father to pay at least 50 percent of the mother's unpaid pregnancy and delivery expenses, as defined in the bill, and (i) in the case of a live birth, at least 50 percent of the mother's equivalent paid maternity leave, as defined in the bill, or (ii) in the case of a nonviable pregnancy or stillbirth, at least 50 percent of the mother's equivalent bereavement leave, as defined in the bill. The bill provides that the court is authorized to deviate from these amounts for good cause shown or by agreement of the parties.
A BILL to amend and reenact §§ 20-49.8, 20-108.2, and 63.2-1913 of the Code of Virginia, relating to judgment or child support order for pregnancy and delivery expenses.23104132D
Patron: Norment
Resisting detention; penalty. Makes it a Class 3 misdemeanor for any person to intentionally prevent or attempt to prevent a law-enforcement officer from lawfully detaining him, defined in the bill as fleeing or attempting to flee from a law-enforcement officer when (i) the officer has legal justification to detain the person, (ii) the officer communicates to the person an order to stop, and (iii) the person refuses to obey the order to stop. The bill allows a person charged with committing this offense to be arrested and immediately brought before a magistrate. The bill requires law enforcement to make a report to the Central Criminal Records Exchange when any person is arrested on such charge.
A BILL to amend and reenact §§ 18.2-460, 19.2-74, and 19.2-390 of the Code of Virginia, relating to resisting detention; penalty.
23101787D
Patron: Lewis
Deed recordation; address transfer for taxation. Requires the local treasurer's office to transfer the address on a recorded deed to the updated mailing address indicated therein for state recordation tax purposes. If the treasurer determines that the intent of the parties appears questionable, he shall contact the parties to resolve the matter before transferring the address.
A BILL to amend and reenact § 55.1-602 of the Code of Virginia, relating to recordation; address transfer for taxation.23103955D
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: Norment
Motion for the disclosure of expunged records in a civil case. Provides that where a civil claim is filed arising out of or relating to charges where a petition for the expungement of police and court records for such charges is pending or where the records have been expunged, any party to the civil claim may file a motion in the court in which the civil claim is pending, or in the court where the petition for the expungement was or is pending, for the release of the expunged records for use in the civil litigation, and, upon motion and for good cause shown, such police and court records shall be ordered to be released and the relevant penalties relating to disclosure of such expunged records shall not apply.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-392.3:1, relating to motion for the disclosure of expunged police and court records in a civil case.23103255D
Patron: Suetterlein
Purchase of handguns or other weapons of certain officers; Department of State Police. Provides that the Department of State Police may allow any law-enforcement officer formerly employed by the Department who has been elected to a constitutional office to purchase his service handgun, with the approval of the Superintendent of State Police, at a fair market price.
A BILL to amend and reenact § 59.1-148.3 of the Code of Virginia, relating to purchase of handguns or other weapons of certain officers; Department of State Police.23102723D
Patron: Vogel
Speed determination devices; calibration or testing. Extends the validity of the calibration or testing of certain devices used to determine motor vehicle speed, other than photo speed monitoring devices, from six months to 12 months. Current law sets such validity for photo speed monitoring devices at 12 months.
A BILL to amend and reenact § 46.2-882 of the Code of Virginia, relating to speed determination devices; calibration or testing.23103939D
Patron: Stanley
Violations of child protective orders; penalty. Provides that a violation of a permanent child protective order is punishable as a Class 1 misdemeanor.
A BILL to amend and reenact § 16.1-278.2 of the Code of Virginia, relating to violations of child protective orders; penalty.23104323D
Patron: Surovell
Procedure for disciplining attorneys and reinstatement of attorneys by three-judge circuit court. Provides that any former attorney who has had his license revoked and filed a petition for reinstatement with the Virginia State Bar may elect and demand that such reinstatement proceedings be conducted by a three-judge circuit court. The bill also provides that the three-judge circuit court convened to sit for disciplinary matters or reinstatement proceedings shall consist of three active circuit court judges and may appeal from the judgment of the three-judge circuit court to the Court of Appeals. Under current law for disciplinary matters, the appeal is to the Supreme Court.
A BILL to amend and reenact § 54.1-3935 of the Code of Virginia, relating to procedure for disciplining attorneys and reinstatement of attorneys by three-judge circuit court.23104292D
Patron: Surovell
Local enforcement action; willful disregard for applicable law; damages. Provides that any person aggrieved by an enforcement action by a locality, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to terminate such enforcement and may be entitled to reasonable attorney fees and court costs.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2208.2, relating to local enforcement action; willful disregard for applicable law; damages.23103576D
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
Criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention. Requires a competency evaluation report, when ordered to determine whether a defendant charged with certain misdemeanors lacks capacity to stand trial, to identify whether the defendant should be evaluated to determine whether he meets the criteria for temporary detention in the event he is found incompetent but restorable or incompetent for the foreseeable future. The bills allows the court, when an evaluation for temporary detention is recommended, to order the local community services board or behavioral health authority to conduct an evaluation of the defendant and, if the defendant meets the criteria for temporary detention, file a petition for a temporary detention order. The bill requires the community services board or behavioral health authority to notify the court, in writing, upon completion of the evaluation. In cases in which the defendant fails or refuses to appear for the evaluation, the bill requires the community services board or behavioral health authority to notify the court of such failure or refusal and requires the court to issue a mandatory examination order and capias directing the local primary law-enforcement agency to transport the defendant to the location designated by the community services board or behavioral health authority for examination. The bill repeals the sunset on the provisions of Chapter 508 of the Acts of Assembly of 2022, which also relate to competency and temporary detention evaluations.
A BILL to amend and reenact §§ 19.2-169.1, as it is currently effective, and 19.2-169.2, as it is currently effective, of the Code of Virginia and to repeal the second enactment of Chapter 508 of the Acts of Assembly of 2022, relating to criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention.23102234D
Patron: Stanley
Civil liability for publishing or distribution of material harmful to minors on the Internet. Creates a civil cause of action for any commercial entity that knowingly or intentionally publishes or distributes on the Internet material harmful to minors, as defined in the bill, and that does not take reasonable steps to verify that the age of a person attempting to access such material harmful to minors is 18 years of age or older.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.5, relating to civil liability for publishing or distribution of material harmful to minors on the Internet.23104347D
Patron: Obenshain
Courts of record; Judicial Inquiry and Review Commission; confidentiality of papers and proceedings; waiver. Removes the confidentiality of the findings of the Judicial Inquiry and Review Commission (the Commission) if, upon the conclusion of the Commission's proceedings, the Commission finds that suspension of the subject judge is the most appropriate action or if the subject judge appeals the final determination of the Commission to the Supreme Court. The bill clarifies that any identifying information of any persons other than such subject judge shall be redacted prior to making such information available for public inspection.
A BILL to amend and reenact § 17.1-913 of the Code of Virginia, relating to courts of record; Judicial Inquiry and Review Commission; confidentiality of papers and proceedings; waiver.23102143D
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