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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 20, 2023
Time and Place: 8 AM Senate Committee Room A / Pocahontas Building
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: Brewer
Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; exception for concealed handgun permit holders. Adds an exception for persons who have been issued a valid concealed handgun permit by the Commonwealth or persons who have a valid concealed handgun or concealed weapon permit or license by reciprocity to the prohibition of carrying a firearm within Capitol Square and the surrounding area, any building owned or leased by the Commonwealth or any agency thereof, or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties.
A BILL to amend and reenact § 18.2-283.2 of the Code of Virginia, relating to carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; exception for concealed handgun permit holders.23101198D
Patron: Wiley
Criminal history record information check required for the transfer of certain firearms; photo identification. Removes the provision that prevents a firearms dealer from selling or otherwise transferring a firearm to a prospective purchaser until 30 days after the date of issue of the prospective purchaser's original or duplicate photo identification.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to criminal history record information check required for the transfer of certain firearms; photo identification.23101809D
Patron: Runion
Law-enforcement civilian oversight bodies; requirements. Requires every member appointed to a locality's law-enforcement civilian oversight body to observe within 90 days of the member's appointment a law-enforcement officer employed with such locality's law-enforcement agency while such law-enforcement officer is engaged in his official duties and that such observation total no fewer than 24 hours, a portion of which includes a ride-along with a law-enforcement officer. The bill also provides that any disciplinary determination recommended by a law-enforcement civilian oversight body shall be advisory and that if any law-enforcement agency declines to implement such recommendation, such agency shall create and make available to the public within 30 days from the date such recommendation is reported to such agency a written public record of its rationale for declining to implement such recommendation. Finally, the bill requires each law-enforcement civilian oversight body to include at least one retired law-enforcement officer as a voting member; under current law, a retired law-enforcement officer may serve on such body as an advisory, nonvoting ex officio member.
A BILL to amend and reenact § 9.1-601 of the Code of Virginia, relating to law-enforcement civilian oversight bodies; requirements.23100457D
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: Walker
Carrying a firearm or explosive material into a building owned or leased by the Commonwealth; exception for highway rest areas. Provides that the prohibition on carrying a firearm or explosive material in any building owned or leased by the Commonwealth shall not apply to any highway rest area.
A BILL to amend and reenact § 18.2-283.2 of the Code of Virginia, relating to carrying a firearm or explosive material into a building owned or leased by the Commonwealth; exception for highway rest areas.23101666D
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: 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: 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: 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: 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: Coyner
Judgment liens; release of specific property. Creates a procedure by which a settlement agent may release a property from a judgment lien when the lien creditor has failed to respond to a request in writing to pay the amount owed.
A BILL to amend the Code of Virginia by adding in Title 55.1 a chapter numbered 31, consisting of sections numbered 55.1-3100 through 55.1-3104, relating to judgment liens; release of specific property.23105114D
Patron: Rasoul
Trespass; other person lawfully in charge of the property; locality. Provides that the maintenance code official of a locality is considered a person lawfully in charge of real property that has been declared a derelict building, unless the owner of such property objects, for the purpose of posting a sign or signs to prohibit any person to go upon the premises of such property without the authority of law.
A BILL to amend and reenact § 15.2-1717.1 of the Code of Virginia, relating to trespass; other person lawfully in charge of the property; locality.23105437D
Patron: Wachsmann
Renewal of concealed handgun permit; demonstrated competence. Provides that a person who was previously issued a concealed handgun permit is not required to provide any proof of training or demonstration of competence to be issued a renewal permit.
A BILL to amend and reenact § 18.2-308.010 of the Code of Virginia, relating to renewal of concealed handgun permit; demonstrated competence.23101691D
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: Cordoza
Department of Criminal Justice Services; powers and duties; training for law-enforcement personnel. Requires the Department of Criminal Justice Services, under the direction of the Board, to establish training standards and publish a model policy for the identification of, communication with, and facilitation of the safe return of individuals diagnosed with dementia by law-enforcement personnel. Under current law, such training standards and model policies are focus solely on individuals diagnosed with Alzheimer's disease.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services; powers and duties; training for law-enforcement personnel.23102683D
Patron: Cordoza
Paternity; genetic tests to determine parentage; relief from paternity. Requires the court to set aside a final judgment, court order, administrative order, obligation to pay child support, or any legal determination of paternity if a scientifically reliable genetic test establishes the exclusion of the individual named as a father in the legal determination of paternity, except for good cause shown that such relief is not in the best interest of the child. Under current law, such a set aside is discretionary. The bill further requires that an alleged father of a child be informed of his option to request the administering of a scientifically reliable genetic test to determine paternity prior to being entered as the father on a birth certificate.
A BILL to amend and reenact §§ 20-49.10 and 32.1-257 of the Code of Virginia, relating to paternity; genetic tests to determine parentage; relief from paternity.23105980D
Patron: Brewer
Judgment or 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: Ware
Carrying concealed weapons; exceptions; penalty. Removes switchblade knives from the list of concealed weapons the carrying of which is prohibited in public.
A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying concealed weapons; exceptions; penalty.23103436D
Patron: McQuinn
Assault and battery; public transportation service vehicle operators; penalty. Makes it a Class 1 misdemeanor for a person to commit a battery against another knowing or having reason to know that such individual is an operator of a vehicle operated by a public transportation service who is engaged in the performance of his duties. The bill requires the sentence of such person, upon conviction, to include a term of confinement of 15 days in jail, two days of which is a mandatory minimum.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; public transportation service vehicle operators; penalty.23103484D
Patron: Campbell, E.H.
Speed determination devices; calibration or testing. Extends the validity of the calibration or testing of a 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.23104443D
Patron: Cordoza
Nonresident concealed handgun permits. Provides that if the Department of State Police has not issued a nonresident concealed handgun permit nor determined that the applicant for such permit is disqualified within 90 days of receipt of the completed application for such permit, the Department shall immediately issue the permit. Current law does not specify a time limit for issuance of such permit or determination of disqualification. The bill retains the current requirement that if after issuance of the permit the permittee is found by the Department to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the Department.
A BILL to amend and reenact § 18.2-308.06 of the Code of Virginia, relating to nonresident concealed handgun permits.23105070D
Patron: Fariss
Control of firearms by state agencies; rights of employees. Prohibits state agencies other than the Department of Corrections, Department of Juvenile Justice, and Virginia Port Authority and public institutions of higher education from adopting any regulation or workplace rule preventing officers or employees of such agencies from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle at their workplace unless the adoption of the regulation is expressly authorized by statute. The bill also provides that any such regulation or rule adopted prior to July 1, 2023, is invalid.
A BILL to amend and reenact § 2.2-602 of the Code of Virginia, relating to control of firearms by state agencies; rights of employees.23102293D
Patron: Runion
Purchase of firearms; special identification without a photograph. Provides that to establish personal identification and residence in Virginia for the purposes of purchasing a firearm, a prospective purchaser may present a special identification card without a photograph issued by the Department of Motor Vehicles to a person with a sincerely held religious belief prohibiting the taking of a photograph.
A BILL to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to purchase of firearms; special identification without a photograph.23103460D