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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 8, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
Patron: Ballard
Divorce; affidavit; children of the parties. Clarifies that an affidavit submitted as evidence in support of a divorce shall state whether there were minor children either born of the parties, born of either party and adopted by the other, or adopted by both parties. Current law provides that such an affidavit shall state whether there were children born or adopted of the marriage.
A BILL to amend and reenact § 20-106 of the Code of Virginia, relating to divorce; affidavit; children of the parties.23100592D
Patron: Taylor
Cigarette delivery sale requirements; definition of cigarette. Defines the term "cigarette" for purposes of cigarette delivery sale requirements.
A BILL to amend and reenact § 18.2-246.6 of the Code of Virginia, relating to cigarette delivery sale requirements; definition of cigarette.23100758D
Patron: Brewer
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, upon the motion of the attorney for the Commonwealth upon 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.
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.23104632D
Patron: Coyner
Conservators of the peace; search warrants; military criminal investigative organizations. Provides that a special agent of the United States Army Criminal Investigation Division and United States Air Force Office of Special Investigations shall be a conservator of the peace and may serve a search warrant jointly with a Virginia law-enforcement officer. Under current law, of the federal military investigation offices, only a special agent of the United States Naval Criminal Investigative Service has this authority. The bill contains technical amendments.
A BILL to amend and reenact §§ 19.2-12 and 19.2-56 of the Code of Virginia, relating to conservators of the peace; search warrants; military criminal investigative organizations.23102286D
Patron: Ballard
Finding of guilt in absentia; proof of such finding in a civil action. Requires evidence of a finding of guilt made in absentia in a criminal prosecution or traffic infraction to be admissible in a civil action whenever such finding is contended. The bill further requires the court hearing the civil case to admit evidence as to whether such finding was made if the criminal court records are silent or ambiguous as to whether such a finding occurred. These evidentiary requirements exist under current law for pleas of guilt and nolo contendere and forfeitures.
A BILL to amend and reenact § 8.01-418 of the Code of Virginia, relating to finding of guilt in absentia; proof of such finding in a civil action.23101592D
Patron: Wilt
Retired state law-enforcement officers; retention of badge. Provides that on and after July 1, 2023, upon the retirement of a state law-enforcement officer who is not a State Police officer, the employing department or agency shall, upon request of the retiree, award the retiree his badge or other insignia of his office for permanent keeping, provided that the employing department or agency has the badge or insignia mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person. Under current law, only a State Police officer may keep a mounted badge or insignia after his retirement.
A BILL to amend and reenact § 9.1-1000 of the Code of Virginia, relating to retired state law-enforcement officers; retention of badge.23100621D
Patron: Campbell, J.L.
Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases. Provides that in any civil case in a juvenile and domestic relations district court involving the custody, visitation, placement, or support of a child or spouse any party and any guardian ad litem may present evidence as to the extent, nature, and treatment of a party or child and the costs of such treatment and examination by (i) a report or statement from the treating or examining health care provider for his treatment of the party or child or (ii) the bills showing the costs of examination or treatment or records of a treating or examining health care provider for his treatment of a child or party under certain circumstances.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 11 of Title 16.1 a section numbered 16.1-245.2, relating to evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases.23100634D
Patron: Sullivan
Child custody, visitation, or support proceedings; educational seminars approved by Office of the Executive Secretary of the Supreme Court of Virginia. Provides that when the parties to any petition where a child whose custody, visitation, or support is contested are required show proof that they have attended an educational seminar or other like program conducted by a qualified person or organization, such educational seminar or other like program shall be one that has been approved by the Office of the Executive Secretary of the Supreme Court of Virginia. Current law provides that such educational seminars or other like programs are approved by the court. This bill is a recommendation of the Judicial Council of Virginia and the Committee on District Courts.
A BILL to amend and reenact §§ 16.1-278.15 and 20-103 of the Code of Virginia, relating to child custody, visitation, or support proceedings; educational seminars or other like programs approved by Office of the Executive Secretary of the Supreme Court of Virginia.23101531D
Patron: Sullivan
Peeping or spying into a dwelling or enclosure; electronic device; penalty. Prohibits any person from knowingly and intentionally causing an electronic device to secretly or furtively peep, spy, or attempt to peep or spy into or through a window, door, or other aperture of any building, structure, or other enclosure occupied or intended for occupancy as a dwelling, whether or not such building, structure, or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same upon the person's own property that is leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy.
Under current law, such act is prohibited only when the electronic device enters upon the property of another.
A BILL to amend and reenact § 18.2-130.1 of the Code of Virginia, relating to peeping or spying into a dwelling or occupied building by electronic device; penalty.23104889D
Patron: Sullivan
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. 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 to ring or other device to signal with intent to annoy; emergency communications; penalty.23104900D
Patron: Edmunds
Conveyance of easement. Authorizes the Department of Conservation and Recreation to grant and convey an easement and right-of-way at High Bridge Trail State Park to Woodrow R. Jackson, Sr. The easement, which will follow an existing driveway across a portion of the High Bridge Trail State Park, will allow ingress and egress from U.S. Highway 460 to the grantee's property.
A BILL to authorize the Department of Conservation and Recreation to grant and convey an ingress-egress easement at High Bridge Trail State Park.23101278D
Patron: Edmunds
Conveyance of easement. Authorizes the Department of Conservation and Recreation to grant and convey an easement and right-of-way at High Bridge Trail State Park to Roy B. Stanton, Jr., and Pearl J. Stanton. The easement, which will follow an existing driveway across a portion of the High Bridge Trail State Park, will allow ingress and egress from U.S. Highway 460 to the Stantons' property.
A BILL to authorize the Department of Conservation and Recreation to convey an ingress-egress easement at High Bridge Trail State Park.23101280D
Patron: Brewer
Supplement to the Sex Offender and Crimes Against Minors Registry. Expands the Supplement to the Sex Offender and Crimes against Minors Registry to include information on persons who were convicted of certain sexual offenses on or after July 1, 1970, and before July 1, 1994, who are not currently on the Registry, and persons convicted of former sexual offenses on or after July 1, 1970 and before October 1, 1975, who are not currently on the Registry.
The Supplement currently includes information on such persons who were convicted on or after July 1, 1980, and before July 1, 1994.
A BILL to amend and reenact § 9.1-923 of the Code of Virginia, relating to Supplement to the Sex Offender and Crimes Against Minors Registry.23104989D
Patron: Bell
Dissemination of criminal history record information; National Center for Missing and Exploited Children. Authorizes the National Center for Missing and Exploited Children to obtain criminal history record information for the purpose of screening individuals who are offered or accept employment or will be providing volunteer or contractual services with the National Center.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to dissemination of criminal history record information; National Center for Missing and Exploited Children.23100372D
Patron: Campbell, J.L.
Attorney-issued subpoenas; release of witness. Provides that a person to whom an attorney-issued subpoena is directed may be released from compliance with such subpoena by the attorney who issued the subpoena or a person acting on such attorney's behalf. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact §§ 8.01-407 and 16.1-265 of the Code of Virginia, relating to attorney-issued subpoenas; release of witness.23100034D
Patron: Campbell, J.L.
Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party or (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body. Current law specifies that such immunity to civil liability is for specific claims. The bill further provides that any order resolving a plea of immunity shall be treated like an interlocutory appeal. The bill allows for the recovery of reasonable attorney fees and costs when any assertion of immunity is denied and found to be in violation of the sanctions statute. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons; tort actions; assertion of immunity; attorney fees and costs.23100732D
Patron: Torian
Conveyance of easement. Authorizes the Department of Conservation and Recreation to grant and convey an easement and right-of-way over Neabsco Beach Way at Leesylvania State Park to the River Mouth Corporation. The easement will allow ingress and egress from Daniel K. Ludwig Drive to the River Mouth Condominiums via Neabsco Beach Way.
A BILL to authorize the Department of Conservation and Recreation to grant and convey an easement and right-of-way over Neabsco Beach Way at Leesylvania State Park.23101282D
Patron: Jenkins
Writs of eviction; returns to issuing clerk. Requires the sheriff executing a writ of eviction to return such executed writ to the clerk of court who issued such writ. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to report annually to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned during the preceding fiscal year and directs the Virginia Housing Commission to convene a stakeholder work group to study a more comprehensive data collection process to track the resolution of writs of unlawful detainers filed in the Commonwealth.
A BILL to amend and reenact § 8.01-471 of the Code of Virginia, relating to writs of eviction; returns to issuing clerk.23104063D
Patron: Taylor
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.23101336D
Patron: Webert
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.23104019D
Patron: Hope
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, within 72 hours, 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.23105100D
Patron: Runion
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.23102702D
Patron: Leftwich
Emergency relief payments; automatic exemption from creditor process; repeal. Repeals the provision allowing an exemption from the creditor process for emergency relief payments, defined as a 2020 recovery rebate for individuals and qualifying children provided pursuant to § 2201 of the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) or any future federal payments or rebates provided directly to individuals for economic relief or stimulus due to the COVID-19 pandemic.
A BILL to amend and reenact § 8.01-512.4 of the Code of Virginia and to repeal § 34-28.3 of the Code of Virginia, relating to emergency relief payments; automatic exemption from creditor process; repeal.23102063D
Patron: Herring
Juvenile and domestic relations district courts; appointment of counsel or guardian ad litem; appeals. The bill specifies that any attorney appointed to represent a child or parent, guardian, or other adult at a hearing in the juvenile and domestic relations district court may continue representation upon appeal to the circuit court unless relieved or replaced in the manner provided by law.
A BILL to amend and reenact § 16.1-268 of the Code of Virginia, relating to juvenile and domestic relations district courts; appointment of counsel or guardian ad litem; appeals.23104842D
Patron: Herring
Juvenile and domestic relations district courts; concurrent jurisdiction; suits for divorce. Specifies that, when a suit for divorce has been filed in a circuit court in which the custody, guardianship, visitation, or support of children of the parties or spousal support is raised by the pleadings and a hearing, including a pendente lite hearing, is set by the circuit court on any such issue for a date certain or placed on a motions docket within 21 days of the filing, though such hearing itself may occur after such 21-day period, the juvenile and domestic relations district courts shall be divested of the right to enter any further decrees or orders to determine custody, guardianship, visitation, or support when raised for such hearing, and such matters shall be determined by the circuit court unless both parties agreed to a referral to the juvenile court.
A BILL to amend and reenact § 16.1-244 of the Code of Virginia, relating to juvenile and domestic relations district courts; concurrent jurisdiction; suits for divorce.23100639D
Patron: Adams, L.R.
Retired Supreme Court justices and Court of Appeals judges; recall; circuit courts. Provides that retired justices of the Supreme Court of Virginia and judges of the Court of Appeals of Virginia may be designated by the Chief Justice of the Supreme Court of Virginia to sit in recall in circuit courts.
A BILL to amend and reenact § 17.1-106 of the Code of Virginia, relating to retired Supreme Court justices and Court of Appeals judges under recall; circuit courts.23101090D
Patron: Adams, L.R.
Charges requiring preliminary hearing for a juvenile 16 years of age or older. Adds to the list of charges for which the juvenile court is required to conduct a preliminary hearing for juveniles 16 years of age or older a charge of entering a dwelling house, etc., with intent to commit murder, rape, robbery, or arson.
A BILL to amend and reenact § 16.1-269.1 of the Code of Virginia, relating to charges requiring juvenile court preliminary hearing for juvenile 16 years of age or older; entering dwelling, etc., with intent to commit murder, rape, robbery, or arson.23101319D
Patron: Wachsmann
Unmanned aircraft systems; trespass over correctional facilities; penalty. Prohibits any unmanned aircraft system from (a) dropping any item within the boundaries of or (b) obtaining any videographic or still image of any identifiable inmate or resident at any local or state correctional facility, as defined in § 53.1-1, or juvenile correctional center without consent or authorization. A violation of this prohibition is a Class 1 misdemeanor.
A BILL to amend and reenact § 18.2-121.3 of the Code of Virginia, relating to unmanned aircraft systems; trespass over correctional facilities; penalty.23104762D
Patron: Glass
Compensating victims of crime; awards from Criminal Injuries Compensation Fund. Provides an exception to the general rule that a victim must fully cooperate with all law-enforcement agencies in order to receive an award from the Criminal Injuries Compensation Fund in those instances where the law-enforcement agency certifies that the claimant or award recipient was willing but unable to cooperate due to a good faith belief that such cooperation would have endangered such claimant or award recipient and such claimant or award recipient was not provided with any victim or witness protection services when such protection services were requested by a law-enforcement agency.
A BILL to amend and reenact § 19.2-368.10 of the Code of Virginia, relating to compensating victims of crime; awards from Criminal Injuries Compensation Fund.23104881D
Patron: Hope
Information to certain defendants; services of community services boards. Requires general district courts, juvenile and domestic relations district courts, and circuit courts, in cases in which a defendant is found not guilty of any offense after a trial at which evidence of the defendant's mental condition at the time of the alleged offense was introduced, to make available to the defendant information regarding services provided by the community services board and how such services may be accessed. The bill requires each community services board to develop, regularly update, and make available to such courts in the same locality information regarding the services provided by the community services board and information about how to access such services.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 4.1 of Title 16.1 a section numbered 16.1-69.29:1, by adding in Article 9 of Chapter 11 of Title 16.1 a section numbered 16.1-290.2, by adding in Chapter 5 of Title 17.1 a section numbered 17.1-525, and by adding in Chapter 5 of Title 37.2 a section numbered 37.2-513, relating to information to certain defendants; services of community services boards.23105102D
Patron: Lopez
Persons other than ministers who may perform rites of marriage; clerk; issuance of order; bond requirement. Provides that a clerk may issue an order authorizing one or more persons resident in the circuit in which a petition was filed to celebrate the rites of marriage in the Commonwealth. Under current law, only a circuit court judge may issue such an order. The bill further removes the requirement that a person authorized to celebrate the rites of marriage enter into a bond in the penalty of $500 prior to performing the rites of marriage.
A BILL to amend and reenact § 20-25 of the Code of Virginia, relating to persons other than ministers who may perform rites of marriage; clerk; issuance of order; bond requirement.23103344D
Patron: Bourne
Civil actions; standards governing consolidation and transfer; allocation of attorney fees. Specifies that, in a combined civil action, the court may allocate attorney fees to separate issues into common questions that require treatment on a consolidated basis and individual cases that do not. Current law allows the court to allocate fees but does not specify attorney fees. The bill contains technical amendments.
A BILL to amend and reenact § 8.01-267.1 of the Code of Virginia, relating to civil actions; standards governing consolidation and transfer; allocation of attorney fees.23102119D
Patron: Hayes
Personal appearance by two-way electronic video and audio communication; waiver of preliminary hearing. Allows an appearance in court to be made by two-way electronic video and audio communication with the consent of the court and all parties for the purpose of waiver of a preliminary hearing.
A BILL to amend and reenact § 19.2-3.1 of the Code of Virginia, relating to personal appearance by two-way electronic video and audio communication; waiver of preliminary hearing.23100030D
Patron: Wiley
Conveyance of easement; Shenandoah River State Park. Authorizes the Department of Conservation and Recreation to grant and convey an easement at Shenandoah River State Park (Park) to Front Royal Parcel 1, LLC (Grantee) for the purpose of conveying a right-of-way on the location of the existing State Route 737 (Thunderbird Road) to the Grantee to provide access to the lands of the Grantee bisected by the Park.
A BILL to authorize the Department of Conservation and Recreation to grant and convey an easement at Shenandoah River State Park.23101286D
Patron: Hope
Posting of notices. Provides that if any notice, summons, order, or other official document of any type is required to be posted by a circuit court clerk on or at the front door of a courthouse or on a public bulletin board at a courthouse, it shall constitute compliance with such requirement if the notice, summons, order, or other official document is posted on the public government website of the locality served by the court or the website of the circuit court clerk. The bill further directs the chief judge of the circuit in which the courthouse is situated to approve a location, at or near the principal public entrance to the courthouse, that is conspicuous to the public for the physical posting of such notice. The bill has a delayed effective date of July 1, 2025.
A BILL to amend and reenact § 1-211.1 of the Code of Virginia, as it shall become effective, relating to posting of notices.23103613D
Patron: Williams Graves
Mutual liability for necessaries; furnishing of medical care. Provides that liability shall not be imposed upon one spouse for medical care furnished to the other spouse by a physician licensed to practice medicine in the Commonwealth or by a hospital located in the Commonwealth while the spouses are living together.
A BILL to amend and reenact § 55.1-202 of the Code of Virginia and to repeal § 8.01-220.2 of the Code of Virginia, relating to mutual liability for necessaries; furnishing of medical care.23103589D