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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 15, 2023
Time and Place: :30 min after adj. - Senate Committee Room A / Pocahontas
Patron: Taylor
Civil action for trafficking in persons; charge or conviction not required. Provides that a person may maintain a civil action against an individual for trafficking in persons whether or not an individual has been charged with or convicted of certain alleged violations.
A BILL to amend and reenact § 8.01-42.4 of the Code of Virginia, relating to civil action for trafficking in persons; charge or conviction not required.23100170D
Patron: Orrock
Appointment of sworn unit investigators to Medicaid Fraud Control Unit. Allows the Attorney General to designate up to 30 persons in the Medicaid Fraud Control Unit as sworn unit investigators, sworn only to enforce the provisions of the article. The bill defines sworn unit investigators as law-enforcement officers. All sworn unit investigators will remain subject to the federal requirements authorizing State Medicaid Fraud Control Units.
A BILL to amend and reenact § 9.1-101, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-320.1, relating to appointment of sworn unit investigators to Medicaid Fraud Control Unit.23104974D
Patron: Anderson
Selling, giving, or distributing a substance containing fentanyl; penalties. Provides that any person who sells, gives, or distributes a substance he knows or should know contains two milligrams or more of any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, to another person without such person's knowledge that the substance sold, given, or distributed contains fentanyl is guilty of attempted murder of the first degree by poison. The bill also provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the first degree by poison.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.05, relating to selling, giving, or distributing a substance containing fentanyl; penalties.23106356D
Patron: Webert
Law-enforcement officers; protected personal information. Provides that any law-enforcement officer who provides information relative to a criminal investigation or in proceedings preliminary to a criminal prosecution may refuse, unless ordered by a court, to disclose his residence address, home telephone number, or any personal information concerning his family. The bill also provides that any law-enforcement officer who testifies as a witness in a criminal case may refuse to disclose personal information concerning his family unless it is determined by the court that such evidence is relevant to the case.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 16 of Title 19.2 a section numbered 19.2-271.7, relating to law-enforcement officers; protected personal information.23100771D
Patron: Ballard
Crimes by gangs. Expands the definition of "act of violence" and 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.23105571D
Patron: Taylor
Prostitution; solicitation; penalties. Increases the penalty for a third or subsequent offense of solicitation of prostitution from an adult from a Class 1 misdemeanor to a Class 6 felony. The bill increases the fines from $100 to $1000 and from $500 to $2500 for certain offenses related to sex trafficking. The bill also make it a Class 5 felony to solicit prostitution from any minor.
Under current law, any person who solicits prostitution from a minor is guilty of a Class 6 felony if the minor is 16 years old or older or a Class 5 felony if the minor is younger than 16 years old.
A BILL to amend and reenact §§ 16.1-69.48:6, 17.1-275.13, and 18.2-346.01 of the Code of Virginia, relating to prostitution; solicitation; penalties.23105793D
Patron: Taylor
Special conservators of the peace; use of word police on badge. Provides that a court, upon request and for good cause shown, may authorize a special conservator of the peace who meets all requirements for law-enforcement officers and is employed by the Roanoke College Office of Campus Safety or the Dinwiddie Airport and Industrial Authority to use the word "police" on any badge, uniform, or vehicle in the performance of his duties or the seal of the Commonwealth on any badge or credential in the performance of his duties.
A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to special conservators of the peace; Dinwiddie Airport and Industrial Authority.23104591D
Patron: Campbell, J.L.
Child abuse or neglect; findings of local department of social services; appeal. Provides that in cases in which a teacher licensed by the Board of Education and employed by a local school board is found by a local department of social services to have committed child abuse or neglect, the teacher may, after exhausting all options for review by the local department and Commissioner of Social Services, petition the circuit court for a de novo review of such finding. Under current law, such persons may obtain review of the decision only in accordance with the Administrative Process Act.
A BILL to amend and reenact §§ 22.1-298.1, as it is currently effective and as it shall become effective, 22.1-307, and 63.2-1526 of the Code of Virginia, relating to child abuse or neglect; findings of local department of social services; appeal.23102791D
Patron: Walker
False emergency communication to emergency personnel; penalties. 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 and any person suffers a serious bodily injury as a direct and proximate result of the false emergency communication and a Class 5 felony if any person is killed as a direct and proximate result of the false emergency communication.
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.
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 emergency response; false information by device; penalty.23105570D
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: Wyatt
Enhanced earned sentence credits; exemptions; firearm-related offense; felony conviction during confinement. Removes any person convicted of a felony offense 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 during confinement.
A BILL to amend and reenact § 53.1-202.3 of the Code of Virginia, relating to enhanced earned sentence credits; exemptions; firearm-related offense; felony conviction during confinement.23105222D
Patron: Bulova
Operating or engaging in the conduct of a child day program or family day system without a license; penalty. Clarifies that, for the purpose of the Class 4 felony prescribed for any parent, guardian, or other person responsible for the care of a child younger than the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child, the term "willful act or willful omission" includes operating or engaging in the conduct of a child day program or family day system without first obtaining a license such person knows is required by relevant law or after such license has been revoked or has expired and not been renewed.
A BILL to amend and reenact § 18.2-371.1 of the Code of Virginia, relating to operating or engaging in the conduct of a child day program or family day system without a license; penalty.23101181D
Patron: Bell
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 resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.
A BILL to amend and reenact § 18.2-51.6 of the Code of Virginia, relating to suffocation by blocking or obstructing the airway of another; penalty.23106349D
Patron: Hodges
Conveyance of easement. Authorizes the Department of Conservation and Recreation to grant and convey an easement and right-of-way at Machicomoco State Park to Patrick F. Lemon and Vickie M. Lemon, and to Eric James Baldwin and Christy Willet Baldwin. The easement will allow ingress and egress from the existing Braeburn Lane and Timberneck Farm Road to the grantees' properties.
A BILL to authorize the Department of Conservation and Recreation to grant and convey an ingress-egress easement over Braeburn Lane and a portion of Timberneck Farm Road at Machicomoco State Park.23101284D
Patron: Wyatt
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 described in Schedule II of the Drug Control Act, except as authorized in the Drug Control Act, 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, as described in Schedule II of the Drug Control Act, is guilty of a Class 4 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.23106187D
Patron: Cherry
Buying or selling of minors; exceptions; penalties. Creates a Class 5 felony for any person who offers money or other valuable thing to another for the purpose of purchasing or otherwise obtaining custody or control of a minor and thereafter does any substantial act in furtherance of such offer of purchase or obtaining custody or control of such minor. The bill also creates a Class 5 felony for any parent, legal guardian, or other person having custody or control of a minor who receives any money or other valuable thing for or on account of selling or otherwise transferring custody or control of such minor or who offers to sell or otherwise transfer custody or control of such minor. The bill creates exceptions for any person entering into a surrogacy contract or seeking to adopt a child or place his child for adoption pursuant to relevant law.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-356.1, relating to buying or selling of minors; exceptions; penalties.23100309D
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: Scott, P.A.
Concealed handgun permit; period of validity. Extends from five years to 10 years the period during which a concealed handgun permit remains valid. The bill also provides that if a valid concealed handgun permit holder presents a written notice of a change in identifying information on a form provided by the Department of State Police to the clerk of the court who issued such permit, then such clerk shall issue a replacement permit specifying the permit holder's new information.
A BILL to amend and reenact §§ 18.2-308.02, 18.2-308.04, 18.2-308.05, 18.2-308.06, 18.2-308.010, and 18.2-308.011 of the Code of Virginia, relating to concealed handgun permit; period of validity.23103688D
Patron: Byron
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.23101037D
Patron: Ballard
Abduction of a minor; penalty. Makes the abduction of a minor a Class 2 felony, unless such abduction is committed by the parent of the person abducted, for which there is a prescribed punishment. Under current law, abduction of any person is punishable as a Class 5 felony if there is no other prescribed punishment.
A BILL to amend and reenact § 18.2-47 of the Code of Virginia, relating to abduction of a minor; penalty.23106189D
Patron: Bell
Protective orders; extensions and continuances; penalty. Provides that if a petitioner files a written motion requesting a hearing to extend a permanent protective order, the court may issue an ex parte protective order until the extension hearing, which shall be held within 15 days of the issuance of such ex parte protective order and may be held after the expiration of the permanent protective order. If the respondent fails to appear at the extension hearing because the respondent was not personally served with such motion, a new date for the extension hearing shall be given and the judge may extend the ex parte preliminary protective order until the new date. The bill also provides that if the respondent was personally served, where the petitioner shows by clear and convincing evidence that a continuance is necessary to meet the ends of justice or the respondent shows good cause, the court may continue the extension hearing and such ex parte preliminary protective order shall remain in effect until the extension hearing.
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.23105894D
Patron: Durant
Civil commitment of sexually violent predators; penalty. Creates a Class 6 felony for any civilly committed sexually violent predator who tampers with or in any way attempts to circumvent the operation of his GPS equipment while on conditional release. The bill also eliminates the requirement that an expert witness be designated by the Commissioner of Behavioral Health and Developmental Services prior to being permitted to testify at a probable cause hearing.
A BILL to amend and reenact §§ 37.2-906 and 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators; penalty.23100767D
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: Bell
Killing the fetus of another; manslaughter; penalties. Provides that any person who kills the fetus of another by an intentional act committed while in the sudden heat of passion upon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that any person who kills the fetus of another accidentally, contrary to the intention of the parties and while engaged in conduct so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of involuntary manslaughter, which is also punishable as a Class 5 felony.
A BILL to amend and reenact § 18.2-32.2 of the Code of Virginia, relating to killing the fetus of another; manslaughter; penalties.23100525D
Patron: Mullin
Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge. Provides that if a defendant is ordered to undergo treatment to restore his competency to stand trial and the initial evaluator has found that the defendant has an ongoing and irreversible medical condition causing him to likely remain incompetent for the foreseeable future or that the defendant has been found to be unrestorably incompetent in the past two years, the initial evaluator shall send a report to the court and the court shall proceed with a competency determination.
A BILL to amend and reenact § 19.2-169.3 of the Code of Virginia, relating to disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge.23100522D
Patron: Mullin
Family abuse protective orders; relief available; password to electronic device; enjoining surveillance; penalty. Provides that as a condition to be imposed by the court on the respondent, a petitioner with a protective order issued in a case that alleges family abuse and, where appropriate, any other family or household member must be given the relevant password when being granted exclusive use and possession of a cellular telephone or other electronic device. The bill further provides that the court may enjoin the respondent from using a cellular telephone or other electronic device to surveille the petitioner.
A BILL to amend and reenact §§ 16.1-253.1 and 16.1-279.1 of the Code of Virginia, relating to family abuse protective orders; relief available; password to electronic device; enjoining surveillance; penalty.23100593D
Patron: Bell
Involuntary admission; temporary detention; release of detained individual. Allows the director of a facility where a person is awaiting transport to the facility of temporary detention pursuant to a temporary detention order to request a psychiatrist or clinical psychologist, in consultation with the treating physician and the community services board, to perform a new assessment to determine if such person no longer meets commitment criteria, or request the community services board, in consultation with the treating physician, to conduct an evaluation to determine if such person no longer meets commitment criteria. The community services board, after its evaluation, may release the person prior to a commitment hearing if the person no longer meets the commitment criteria.
A BILL to amend and reenact § 37.2-813 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 37.2-809.2, relating to involuntary admission; temporary detention; release of detained individual.23105810D
Patron: Adams, L.R.
Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes.
The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.
The bill also adds the offense of crimes against nature committed on or after July 1, 2023, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
A BILL to amend and reenact §§ 19.2-303, 19.2-303.1, and 19.2-306 of the Code of Virginia and to repeal § 19.2-306.1 of the Code of Virginia, relating to probation, revocation, and suspension of sentence; penalty.
23100750D
Patron: Leftwich
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 who has made a demand in writing to that Commonwealth that the Commonwealth not publish such information; such demand shall be effective until rescinded by such judge, justice, 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. The bill removes state and federal judges and justices from the definition of "public official." 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.23106076D
Patron: Roem
Guardianship; procedures for restriction of communication, visitation, or interaction. Provides that a guardian shall not restrict an incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has an established relationship, unless such restriction is reasonable to prevent physical, mental, or emotional harm to or financial exploitation of such incapacitated person. Under current law, guardians are directed to not unreasonably restrict any such communication, visitation, or interaction. The bill further requires that the guardian provide written notice to any restricted person stating (i) the nature and terms of the restriction, (ii) the reasons why the guardian believes the restriction is necessary, and (iii) how the restricted person may challenge such restriction in court. The bill provides a procedure by which an incapacitated person or a person whose communication, visits, or interaction with an incapacitated person has been restricted may challenge such restriction in court.
A BILL to amend and reenact §§ 54.1-2986.1, 64.2-2009, and 64.2-2019 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 64.2-2019.1, relating to guardianship; restricted communication procedures.23105112D
Patron: Roem
Guardianship; duties of guardian; visitation requirements. Requires a guardian to visit an incapacitated person at least three times per year and at least once every 120 days. The bill requires at least two of the visits be conducted by the guardian and directs that at least one of such visits be in-person. The bill allows the second visit by the guardian to be conducted by the guardian via virtual conference or video call. The bill allows the remaining visit to be conducted (i) by the guardian, (ii) by a person other than the guardian, including (a) a family member monitored by the guardian or (b) a skilled professional retained by the guardian to perform guardianship duties on behalf of the guardian and who is experienced in the care of individuals, including older adults or adults with disabilities; or (iii) via virtual conference or video call between either the guardian or such family member monitored by the guardian or skilled professional and the incapacitated person, provided that the technological means by which such conference or call can take place are readily available. The bill requires a person who visits the incapacitated person in lieu of the guardian to provide a written report to the guardian regarding any such visit.
A BILL to amend and reenact § 64.2-2019 of the Code of Virginia, relating to guardianship; duties of guardian; visitation requirements.23105525D
Patron: Sewell
Supplementing compensation of public defender. Allows the governing body of any county or city that elects to supplement the compensation of the public defender or any of his deputies to pay such funds directly to the Indigent Defense Commission, which is required to provide the funds directly to employees in combination with the compensation fixed by the executive director. Current law requires that such funds be provided directly to the employees, with notice to the Commission of the amount of such funds.
A BILL to amend and reenact § 19.2-163.01:1 of the Code of Virginia, relating to supplementing compensation of public defender.23105407D
Patron: Delaney
Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.
A BILL to amend and reenact § 18.2-67.9 of the Code of Virginia, relating to testimony by child victims and witnesses using two-way closed-circuit television; standard.23105150D
Patron: Williams
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 known to have been derived directly from racketeering activity and (ii) using or investing an aggregate of $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 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.23105795D
Patron: Williams
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 at any other workplace of the same employer, whether on or off duty and whether during or outside of normal business hours; (ii) a place of worship, including any education building or community center owned or leased by 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.23105966D
Patron: Williams
Judicial Inquiry and Review Commission; annual report; breach of Canons of Judicial Conduct; disciplinary action. Requires the Judicial Inquiry and Review Commission to include in its annual report (i) the name of any judge who the Commission concluded breached the Canons of Judicial Conduct and took disciplinary action against as a result of such conclusion, if the date on which the Commission reached such conclusion was after the previous annual report was published; (ii) the specific Canons of Judicial Conduct breached by such judge; and (iii) the disciplinary action taken against such judge by the Commission. The bill also requires the Commission, on or before December 1, 2023, to publish in its annual report (a) the name of any judge who the Commission concluded breached the Canons of Judicial Conduct on or after January 1, 2016, and took disciplinary action against as a result of such conclusion; (b) the specific Canons of Judicial Conduct breached by such judge; and (c) the disciplinary action taken against such judge by the Commission.
A BILL to amend and reenact § 17.1-905 of the Code of Virginia, relating to the Judicial Inquiry and Review Commission; annual report; breach of Canons of Judicial Conduct; disciplinary action.23105185D
Patron: Williams
Religious freedom; applicability of certain executive orders. Provides that no rule, regulation, or order issued by the Governor or other governmental entity pursuant to the Commonwealth of Virginia Emergency Services and Disaster Law (§ 44-146.13 et seq.) applies to the exercise of religion in a church, synagogue, or other place of worship.
A BILL to amend and reenact § 57-2.02 of the Code of Virginia, relating to religious freedom; applicability of certain executive orders.23101594D
Patron: Kilgore
Hate crimes and discrimination; anti-Semitism; penalties. Provides that as used in the Code of Virginia, "race," "religion," or "national origin" shall include persons of the Jewish faith or ethnicity; "racial, religious, or ethnic animosity" shall include animosity toward the Jewish faith or ethnicity; "race," "religious conviction," or "national origin" shall include persons of the Jewish faith or ethnicity; and "race," "religion," or "ethnic and national origin" shall include persons of the Jewish faith or ethnicity.
A BILL to address discrimination against persons of Jewish faith or ethnicity.23106191D
Patron: Wampler
Revocation of postrelease supervision. Provides that a revocation hearing for a supervision violation shall be conducted in accordance with the provisions regarding the revocation hearings for a suspended sentence or probation violation. The bill has a delayed effective date of July 1, 2024, and the provisions of the bill only apply to an offense that occurs on or after July 1, 2024.
A BILL to amend and reenact §§ 18.2-10, 19.2-295.2, 53.1-136, 53.1-145, 53.1-157, 53.1-161, 53.1-162, 53.1-164, and 53.1-165 of the Code of Virginia, relating to revocation of probation.23105680D
Patron: Brewer
Judgment order for pregnancy and delivery expenses. Provides that in the event that an initial petition for the establishment of parentage is commenced within six months of the live birth of a child, any judgment or order establishing such parentage shall, except for good cause shown or as otherwise agreed to by the parties, direct the legal parent to pay a share of reasonable expenses incurred by the mother for the benefit of the child prior to the birth of the child, unless already granted or reimbursed by an employer or government program. The bill further provides that the court may award those reasonable expenses incurred by either legal parent for the benefit of the child prior to the birth of the child.
A BILL to amend and reenact §§ 20-49.8 and 63.2-1913 of the Code of Virginia, relating to judgment or order for pregnancy and delivery expenses.23105840D
Patron: Webert
Firearms-related offenses; mandatory minimum sentences; penalty. Increases 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.
A BILL to amend and reenact § 18.2-53.1 of the Code of Virginia, relating to use or display of firearm in committing felony; mandatory minimum sentences; penalty.23105395D
Patron: Scott, D.L.
Alcohol safety action programs. Provides that the membership of a local independent policy board of an alcohol safety action program must request at least one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses and a local attorney for the Commonwealth to sit on such board. 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.23104141D
Patron: Wyatt
Possession, purchase, or sale of catalytic converters; penalty. Makes it a Class 6 felony for any person to sell, offer for sale, or purchase a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle, except when such sale, offer for sale, or purchase is made to or by a scrap metal purchaser that has adhered to the required compliance provisions. The bill provides that a judge or jury may make a permissive inference that a person who is in possession of a catalytic converter that has been removed from a motor vehicle is presumed to have criminally obtained such catalytic converter unless the person is an authorized agent or employee acting in the performance of his official duties for a motor vehicle dealer, motor vehicle garage or repair shop, or salvage yard that is licensed or registered by the Commonwealth or a person who possesses vehicle registration documentation indicating that the catalytic converter in the person's possession is the result of a replacement of a catalytic converter from a vehicle registered in that person's name.
A BILL to amend and reenact § 18.2-146 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-146.1, relating to possession, purchase, and sale of catalytic converters; penalty.23105402D
Patron: Bell
Sexual extortion; penalties. Adds sexual extortion, defined in the bill as when an accused maliciously disseminates or sells, or threatens to maliciously disseminate or sell, a videographic or still image created by any means whatsoever that depicts the complaining witness or such complaining witness's family or household member who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, to the list of actions that, when used to accomplish certain acts against the will of another person, constitute rape, forcible sodomy, object sexual penetration, aggravated sexual battery, or sexual battery.
A BILL to amend and reenact §§ 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, and 18.2-67.10 of the Code of Virginia, relating to sexual extortion; penalties.23104440D