imported post
This bill is scheduled to be heard Monday, January 28, 2008 in the House Subcommittee for Criminal Law of the House Committee for Courts of Justice Immediately Upon Adjournment of the full committee in House Room C.
Do you have the schedule for when the full committee starts their meeting? I need a head start in the AM's.
stay safe.
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Found it!Start time for the full committee is 12:30 PM
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House Courts of Justice[/align]
Meeting Date
Meeting Time
Meeting Location
From
01/28/2008
12:30 PM
House Room CSeems the Subcommittee Criminal will meet 1/2 hour after the full committee finishes. Be prepared for a long wait?
House Committee on Courts of Justice
Subcommittee Criminal
Griffith (Chairman), Bell, Janis, Cline, Gilbert, Miller, J.H., Melvin, Armstrong, Moran, Watts, Valentine, Albo
Date of Meeting: January 28, 2008
Time and Place: Immediately upon adjournment of the full committee House Room C
H.B. 104 Driver's license; penalty for driving without.
Patron: Rust
Driving without a driver's license; penalties. Provides that any person charged with driving without having first obtained a valid driver's license shall be placed under arrest and shall have his fingerprints and photograph taken. Additionally, the person's vehicle is to be impounded for 30 days.
A BILL to amend and reenact §§ 46.2-300 and 46.2-301.1 of the Code of Virginia, relating to arrest, and impoundment of motor vehicle, for driving without a driver's license.
080563404
Impact Statements
H.B. 158 Littering; illegal dumping or disposal of unsightly matter from motor vehicle.
Patron: Nichols
Highways; littering unsightly matter. Provides when the matter illegally dumped or disposed of was ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the court, in addition to the criminal penalty provided, may suspend the defendant's license to operate a motor vehicle for a period not to exceed 30 days.
A BILL to amend and reenact § 33.1-346 of the Code of Virginia, relating to littering on highway, right-of-way or private property; penalty.
086984654
H.B. 159 Stolen property; necessary proof of knowledge.
Patron: Albo
Proof that property is stolen. Provides that if a law-enforcement officer tells a person in possession of stolen property that the property is stolen, the person shall be charged with the knowledge that the property is stolen.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 2 of Title 18.2 a section numbered 18.2-109.1, relating to necessary proof that property is stolen.
086904404
Impact Statements
H.B. 160 Larceny; punishment for using emergency exit to exit premises.
Patron: Albo
Punishment for using emergency exit during larceny. Provides that when a person is convicted of larceny and it is found at trial that, in the commission of the offense, he used an exit door erected and maintained to comply with the requirements of 29 C.F.R. § 1910 Subpart E, or any other exit designated for use as an emergency exit to exit the premises of a store, he is guilty of a Class 6 felony.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-104.2, relating to punishment when using an emergency exit during larceny; penalty.
086911404
Impact Statements
H.B. 296 Death penalty; moratorium on executions.
Patron: Hargrove
Death penalty; moratorium on executions. Provides that the Commonwealth shall not conduct executions of prisoners sentenced to death for a period of five years. All other matters of law relating to the death penalty, such as bringing and trying capital charges, sentencing proceedings, imposition of a death sentence, appeals and habeas review are not affected by the bill.
A BILL to establish a five-year moratorium on prisoner executions.
088410532
Impact Statements
H.B. 299 Death penalty; abolishes for all Class 1 felonies committed on or after July 1, 2007.
Patron: Hargrove
Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2007.
A BILL to amend and reenact §§ 8.01-195.10, 8.01-654, 17.1-310, 17.1-406, 18.2-8, 18.2-10, 18.2-22, 18.2-25, 19.2-100, 19.2-102, 19.2-120, 19.2-152.2, 19.2-157, 19.2-159, as it is currently effective and as it shall become effective, 19.2-163, 19.2-270.4:1, 19.2-319, 19.2-321.2, 19.2-327.1, 19.2-327.2 and 19.2-327.3 of the Code of Virginia, and to repeal §§ 8.01-654.1, 8.01-654.2, 17.1-313, 17.1-406, 18.2-17, Article 4.1 (§§ 19.2-163.7 and 19.2-163.8) of Chapter 10 of Title 19.2, Article 4.1 (§§ 19.2-264.2 through 19.2-264.5) of Chapter 15 of Title 19.2 and Chapter 13 (§ 53.1-232 et seq.) of Title 53.1 of the Code of Virginia, relating to the death penalty.
088411532
Impact Statements
H.B. 384 Computer trespass; alters elements of crime.
Patron: Ware, R.L.
Computer trespass; penalty. Alters the elements of the crime of computer trespass, no longer requiring that a person act with malicious intent in order to be guilty but requiring that the crime be committed without the consent and authorization of the computer's owner.
A BILL to amend and reenact §§ 18.2-152.4 and 18.2-152.12 of the Code of Virginia, relating to computer trespass; penalty.
088035780
Impact Statements
H.B. 408 Foreclosure rescue; prohibition when for profit.
Patron: Oder
Foreclosure rescue; prohibition; penalties. Prohibits persons from participating in or servicing foreclosure rescues for profit. Classifies any violation of such prohibition as a Class 5 felony and provides a civil cause of action for the same.
A BILL to amend the Code of Virginia by adding in Chapter 4 of Title 55 an article numbered 2.2, consisting of sections numbered 55-66.15 through 55-66.17, relating to the marketing and performance of foreclosure rescues; penalties.
088231668
Impact Statements
H.B. 436 Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer.
Patron: Miller, J.H.
Misdemeanor arrest or summons at discretion of law-enforcement officer. Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law, the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest is discretionary when the person fails to stop the unlawful act.
A BILL to amend and reenact § 19.2-74 of the Code of Virginia, relating to choice between summons or arrest in Class 1 and 2 misdemeanor cases.
081015640
Impact Statements
H.B. 461 Bond; conditions of release without.
Patron: Albo
Conditions of release without bond. Provides that no person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond until the expiration of 72 hours following his initial appearance before a judicial officer and unless he is determined by a court to be indigent.
A BILL to amend and reenact § 19.2-123 of the Code of Virginia, relating to conditions of release without bond.
088705404
Impact Statements
H.B. 491 Indecent exposure; penalty.
Patron: Amundson
Elements of indecent exposure. Provides that any person who (i) intentionally makes an obscene display or exposure of his person, or the private parts thereof, in (a) any public place, or (b) any place where others may see him, intending to be seen by others, or (ii) procures another to so expose himself, is guilty of a Class 1 misdemeanor. The section previously provided that such person was guilty of indecent exposure if the display was done in any public place or in any place where others are present, and did not include the requirement that he intended the display or exposure to be seen by others.
A BILL to amend and reenact § 18.2-387 of the Code of Virginia, relating to elements of indecent exposure; penalty.
080305412
Impact Statements
H.B. 536 Court-appointed counsel; compensation in district court for those defending juvenile offenders.
Patron: Peace
Compensation of court-appointed counsel; juvenile offenders. Provides that court-appointed counsel who are appointed to defend a juvenile in district court for an offense that would be a felony if committed by an adult may request a waiver on the compensation cap up to certain specified amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The maximum amounts of the waivers allowed are fixed at the level of the compensation cap for defending adults of the same crimes in circuit court.
A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel; juvenile offenders.
081068676
H.B. 550 Consent law, implied; applicability.
Patron: Griffith
Applicability of the implied consent law. Provides that the provisions of the law of implied consent (to the DUI breath or blood test) shall apply notwithstanding the inability of the person so arrested to comprehend, because of his state of inebriation or inability to understand the English language, the advisement of the arresting officer or the person administering the test.
A BILL to amend and reenact §§ 18.2-268.2 and 18.2-268.3 of the Code of Virginia, relating to applicability of the implied consent law.
080814520
H.B. 574 Child sexual offenses; creates number of new crimes labeled indecent liberties with children.
Patron: Watts
Child sex offenses. Creates a number of new crimes labeled "indecent liberties with children" that mirror, and expand upon, existing offenses but with new victim age classifications and specific offender classifications. The bill also provides that any person who is convicted of such an offense and was previously convicted of such an offense or of any offense set forth in subsection B of §
18.2-67.5:2 (felony sexual assaults) shall upon conviction be sentenced to the maximum term authorized for the offense and shall not have all or any part of his sentence suspended.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-370.02, relating to indecent liberties with certain children; penalties.
084526784
Impact Statements
H.B. 624 Interpreters; cost for those appointed for non-English-speaking defendant.
Patron: Miller, J.H.
Criminal procedure; interpreter appointed for non-English-speaking defendant. Provides that the cost for such interpreter shall be borne by a defendant who is convicted at trial of the criminal offense.
A BILL to amend and reenact § 19.2-164 of the Code of Virginia, relating to interpreters for non-English-speaking persons.
081012640
H.B. 710 Self defense and defense of others; person occupying dwelling may justify when unlawful entry.
Patron: Janis
Self defense and defense of others. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.
085925568
H.B. 713 Protective orders, preliminary; court to extend if respondent fails to appear at hearing.
Patron: Janis
Preliminary protective orders; stalking; extension. Allows the court to extend a preliminary protective order for a period of up to six months if the respondent fails to appear at the hearing. Language mirrors subsection B of §
16.2-253.1, relating to preliminary protective orders in family abuse cases.
A BILL to amend and reenact § 19.2-152.9 of the Code of Virginia, relating to preliminary protective orders.
081420568
H.B. 715 Arrest; resetting of bail or amending bail set.
Patron: Janis
Resetting of bail, amending bail set upon arrest. When the court having jurisdiction of a bail proceeding believes the amount of bond or security set by a judicial officer at initial arrest to be inadequate or excessive, it may change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring. Currently, the court is limited to increasing the initial bail and may not impose additional bail requirements such as alcohol and drug monitoring.
A BILL to amend and reenact § 19.2-130 of the Code of Virginia, relating to resetting of bail, amending bail set upon arrest.
081417568
H.B. 716 Disorderly conduct; removes certain proviso.
Patron: Janis
Conduct punishable as disorderly conduct. Removes the proviso that conduct punishable elsewhere in the Code as criminal conduct may not also be punished as disorderly conduct. This bill responds to the decision in
Battle v. Commonwealth, 50 Va. App. 135, 647 S. E. 2d 499 (2007).
A BILL to amend and reenact § 18.2-415 of the Code of Virginia, relating to conduct punishable as disorderly conduct.
080565568
H.B. 718 Courts; authority to order payment of fine, costs, forfeitures, penalties, or alternatives.
Patron: Janis
Authority of court to order payment of fine, costs, forfeitures, penalties, or alternatives. Provides that a court
may establish a program to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work before or after imprisonment. Currently the court is required to establish such a program.
A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to authority of court to order payment of fine, costs, forfeitures, penalties, or alternatives.
081410568
H.B. 753 Virginia Criminal Information Network (VCIN); establishing precise time protective orders expire.
Patron: Peace
Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report."
A BILL to amend and reenact §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10, of the Code of Virginia, relating to protective orders; expiration; Virginia Criminal Information Network.
081459806
H.B. 766 Fraudulent academic credentials; misdemeanor to operate degree/diploma mill and to issue.
Patron: Tata
Fraudulent academic credentials; penalty. Makes it a Class 1 misdemeanor to operate a degree/diploma mill and to issue or manufacture a fraudulent academic credential. Use of a fraudulent academic credential to gain an advantage is a Class 3 misdemeanor. The bill also provides for a civil remedy for damages.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-172.2, relating to fraudulent academic credentials; penalties.
083317816
Impact Statements
H.B. 830 Sex offender; affidavit as evidence when failure to register.
Patron: Kilgore
Affidavit as evidence of sex offender's failure to register; custodian of records. Provides that a person accused of failing to register or reregister as a sex offender may call, in any hearing or trial where an affidavit from the State Police stating the failure to register or reregister is admitted into evidence, the custodian of records issuing the affidavit as a witness. The custodian of records will be considered to be an adverse witness and he shall be summoned and appear at the cost of the Commonwealth.
A BILL to amend and reenact § 18.2-472.1 of the Code of Virginia, relating to affidavit as evidence of failure of sex offender to register; custodian of records as witness.
080435806
H.B. 876 DUI Court; establishing in City of Colonial Heights and Chesterfield County.
Patron: Loupassi
DUI Court. Allows Chesterfield and Colonial Heights General District Courts to use a special docket to run a driving under the influence court based on the state drug court model. Participants will be those who violate ASAP program requirements, but participation will not result in a reduction of charges.
A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to DUI Court; Chesterfield and Colonial Heights.
081657606
H.B. 880 Incarceration; waiving interest during period thereof.
Patron: Loupassi
Interest on fines and costs. Provides that interest on fines and costs shall not accrue while a person is incarcerated. Currently, fines and costs do not accrue during incarceration but only with respect to the case resulting in the incarceration. The bill also allows a person to move for and a circuit court to grant a waiver on any interest accrued during his incarceration prior to July 1, 2008.
A BILL to amend and reenact § 19.2-353.5 of the Code of Virginia, relating to interest on fines and costs paid by an incarcerated person.
080331806
H.B. 893 Juvenile detention facility employee; assault and battery against, penalty.
Patron: Lohr
Assault and battery of juvenile detention facility employee; penalty. Provides that any person who commits an assault or an assault and battery against a person employed in a secure juvenile detention facility who is directly involved in the control, care, treatment, or supervision of detainees confined in such a facility while that employee is engaged in the performance of his duties is guilty of a Class 6 felony with a mandatory minimum sentence of six months.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of employees of juvenile detention facilities; penalty.
084452604
Impact Statements
H.B. 931 Methamphetamine; manufacturing, selling, giving, and distributing thereof, penalty.
Patron: Gilbert
Manufacturing, selling, giving, distributing of methamphetamine; penalty. Provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill also provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1,000,000 and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.03, relating to manufacturing, selling, giving, or distributing of methamphetamine; penalty.
086204516
Impact Statements
H.B. 932 Firearms; reckless handling, penalty.
Patron: Gilbert
Reckless handling of firearms; penalty. Provides a Class 6 felony if the reckless handling of a firearm unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment.
A BILL to amend and reenact § 18.2-56.1 of the Code of Virginia, relating to reckless handling of firearms; penalty.
087006516
Impact Statements
H.B. 933 Triggerman rule; elimination thereof.
Patron: Gilbert
Elimination of the triggerman rule. Eliminates the "triggerman rule," which provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can only be punished with first degree murder.
A BILL to amend and reenact § 18.2-18 of the Code of Virginia, relating to elimination of the "triggerman rule."
086206516
Impact Statements
H.B. 941 Search warrants; allows an affidavit to be delivered by facsimile after it is certified.
Patron: Gilbert
Search warrants; affidavits, etc. Allows an affidavit in support of a search warrant to be delivered by facsimile after it is certified and provides that the certifying officer's designee or agent may deliver the affidavit. The bill adds a requirement that a copy of the affidavit be delivered to the clerk of the circuit court in the county or city where the warrant is issued if different than the county or city where the search is to be made. The inventory of seized property will go to the circuit court of the county or city where the search was conducted. The bill specifies that the officer or his designee or agent may deliver the warrant, inventory, and accompanying affidavit in person, by certified mail or by facsimile.
A BILL to amend and reenact §§ 19.2-54 and 19.2-57 of the Code of Virginia, relating to search warrants; affidavits, inventories, etc.
087005516
H.B. 952 Insanity plea; time period for notice.
Patron: Iaquinto
Time period for notice of insanity plea. Provides that notice of a criminal defendant's insanity plea must be given to the Commonwealth at least 60 days prior to trial, or at most 60 days following indictment when the period between indictment and trial is less than 120 days.
A BILL to amend and reenact § 19.2-168 of the Code of Virginia, relating to time period for notice to Commonwealth of defense insanity plea.
087840560
H.B. 953 Abuse or neglect proceedings; videotaped statement.
Patron: Iaquinto
Abuse or neglect proceedings; videotaped statement. Allows a videotaped statement of an alleged victim to be admissible into evidence in a criminal proceeding for child abuse or neglect if the child is 12 years of age or younger at the time the statement is offered and a number of other conditions are met, including having the alleged victim and all persons present at the time the statement was taken available to testify or be cross-examined at the proceeding where the recording is offered. The proponent of the videotaped statement must give the adverse party 10 days notice prior to the proceeding of his intent to offer the statement as evidence.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-67.9:1, relating to videotaped statements as evidence for certain crimes against children.
080246806
H.B. 974 Virginia Criminal Information Network (VCIN); establishing precise time protective orders expire.
Patron: Shannon
Protective orders; expiration; Virginia Criminal Information Network. Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report."
A BILL to amend and reenact §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 19.2-390 of the Code of Virginia, relating to protective orders; expiration; Virginia Criminal Information Network.
084647824
H.B. 990 Pyramid promotional schemes; definition thereof, penalty.
Patron: Bell
Definition of pyramid promotional schemes; penalty. Clearly defines activities described as "pyramid promotional schemes" and punishes any person who establishes, promotes, operates, or participates in any pyramid promotional scheme with a Class 1 misdemeanor penalty. Currently, participation in such a scheme is not a crime.
A BILL to amend and reenact §§ 18.2-239 and 59.1-200 of the Code of Virginia, relating to definition of pyramid promotional schemes; penalty.
080325432
Impact Statements
H.B. 996 Felony, violent; presumption of no bail upon conviction.
Patron: Bell
Presumption of no bail upon conviction of a violent felony. Provides that when a judicial officer considers bail, he shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person has been convicted of, but not sentenced for, any crime for which bail is presumed unavailable at charge, a violent felony as defined in §
17.1-805, or an attempt to commit any such offense.
A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to presumption of no bail following conviction of a violent offense.
080312432
H.B. 1001 Bomb threat; restitution for cost of response.
Patron: Bell
Restitution for cost of response to bomb threat; penalty for bomb threat. Creates a mechanism for recovery of the costs incurred by emergency responders responding to a bomb threat, either by a court order at sentencing or a separate civil action. The bill also provides for the option of community service in lieu of restitution.
A BILL to amend and reenact § 18.2-83 of the Code of Virginia, relating to payment for cost of response to bomb threat; penalty for bomb threat.
080320432
H.B. 1043 Sex offense victims; use of polygraph examination.
Patron: Watts
Use of polygraph on sex offense victims. Provides that no complaining witness of any alleged offense involving criminal sexual activity shall be requested to submit to a polygraph examination as a condition of proceeding with an investigation of the offense.
A BILL to amend and reenact § 19.2-9.1 of the Code of Virginia, relating to use of polygraph on sex offense victims.
086518824
H.B. 1044 Crimes Against Minors & Sex Offender Registry; persons convicted under certain Code sections.
Patron: Watts
Sex Offender Registry. Makes it perfectly clear that persons convicted under certain Code sections that were amended by the 2007 General Assembly must register even though the sections have been rewritten. The bill requires the registration of any conviction of certain crimes involving use of a communications system to facilitate certain offenses involving children rather than current law which requires registration only when the victim is a minor or is physically helpless; because the crime exists only if the victim is a minor. The bill also revises definitions to make it clear that an out-of-state conviction for a registerable offense has the same status as a Virginia conviction.
A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to the Crimes Against Minors and Sex Offender Registry; penalties.
084644824
Impact Statements
H.B. 1126 Abortion or miscarriage; intent to destroy unborn child, penalty.
Patron: Jones, S.C.
Producing abortion or miscarriage, etc.; penalty. Provides that any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or other thing or uses means with intent to destroy her unborn child or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony. The bill excepts medically approved contraceptives as a means of producing abortion or miscarriage. Current law does not with specificity include the pregnant female as a possible perpetrator.
A BILL to amend and reenact § 18.2-71 of the Code of Virginia, relating to producing abortion or miscarriage; penalty.
088251584
Impact Statements
H.B. 1136 Jury; sentencing proceeding after conviction.
Patron: Griffith
Sentencing proceeding by the jury after conviction.
A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by the jury after conviction; deadlock.
089822520
H.B. 1156 Drug distribution; penalties if results in death or serious bodily injury.
Patron: Phillips
Penalties for drug distribution resulting in death or serious bodily injury. Imposes mandatory minimum punishments of from one to ten years for drug manufacturing or distribution and requires that sentences be served consecutively.
A BILL to amend and reenact § 18.2-248 of the Code of Virginia, relating to penalties for drug distribution or manufacturing.
080602680
Impact Statements
H.B. 1178 Forgery; penalty.
Patron: Lingamfelter
Forgery; penalty. Provides that anyone who affixes a facsimile or likeness of the signature of another person to a writing, with the intent to create the false impression that the writing was signed by that person, is guilty of forgery.
A BILL to amend and reenact § 18.2-172 of the Code of Virginia, relating to forging, uttering, etc. other writings; penalty.
081531600
Impact Statements
H.B. 1182 Predicate criminal act; adds grand larceny thereas for gang membership.
Patron: Lingamfelter
Grand larceny as a predicate criminal act for gang membership. Adds grand larceny to the list of predicate criminal acts upon which gang participation is predicated.
A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to larceny as a predicate criminal act for gang membership.
085916600
Impact Statements
H.B. 1241 Credit card theft; person who possesses card of another without cardholder's consent.
Patron: Moran
Elements of credit card theft. Provides that a person who possesses a credit card of another, when he took, obtained or withheld from another person, possession, custody or control of the card without the cardholder's consent, is guilty of credit card theft. This punishes possession of a stolen credit card as theft of a credit card and responds to the holding in
Meeks v. Commonwealth, Record No. 062452, (Virginia Supreme Court, Nov. 2, 2007) in which it was held that a person who took a credit card in Fairfax County could not be prosecuted for credit card theft in Arlington.
A BILL to amend and reenact § 18.2-192 of the Code of Virginia, relating to what constitutes credit card theft.
088382648
Impact Statements
H.B. 1290 Restorative justice programs; established.
Patron: Athey
Restorative justice programs. Provides that courts may order offenders to be assessed for their suitability to enter a restorative justice program and, if found suitable, the offender may enter such a program. Restorative justice programs are intended to facilitate meetings or dialogues between victims of crime and the offenders, as well as other individuals and community members if appropriate, with the goal of addressing the needs of the victim and the community through agreements with the offenders addressing issues such as reparation, restitution, and community service.
A BILL to amend the Code of Virginia by adding in Chapter 1.1 of Title 19.2 a section numbered 19.2-11.5, relating to restorative justice programs.
086125420
H.B. 1362 Embezzlement of public funds; misuse or misappropriation of public assets.
Patron: Cline
Crimes; embezzlement of public funds. Provides that embezzlement of public funds can result from the misuse or misappropriation of public assets. The term "public assets" is defined to include, but not be limited to, accounts, documents, resources, equipment, records, materials, vouchers, property, personnel resources, services, money, or anything of value belonging or owed to the Commonwealth, to any city, town or county, or to any other political subdivision.
A BILL to amend and reenact § 18.2-112 of the Code of Virginia, relating to embezzlement of public or other funds.
080417806
Impact Statements
H.B. 1363 Trademarks and service marks; registration and protection.
Patron: Cline
Trademarks and service marks; penalties. Expands the scope of laws protecting trademarks and service marks to include such marks registered with other states and the federal government, and makes it unlawful to reproduce, counterfeit, or colorably imitate a registered mark and apply it to patches, fabric, stickers, badges, emblems, medallions, charms, boxes, containers, cans, cases, handbags, documentation, packaging, or other components intended to be used on or in connection with goods or services. The penalties for violations are increased. Violations are punishable as a Class 1 misdemeanor unless the offense involves 100 or more items bearing a counterfeit mark or items with a counterfeit mark with a retail value of more than $200, in which case it is a Class 6 felony. Convictions where the offender maliciously causes or attempts to cause bodily injury of another is a Class 3 felony. If bodily injury is done unlawfully but not maliciously, it is a Class 6 felony. In addition, counterfeit articles are subject to forfeiture and violators are subject to a fine of up to three times the retail value of the goods.
A BILL to amend and reenact §§ 59.1-92.2, 59.1-92.12, and 59.1-92.13 of the Code of Virginia, relating to the registration and protection of trademarks and service marks; penalties.
080336806
Impact Statements
H.B. 1366 Probation; waiver of fourth amendment rights as condition.
Patron: Cline
Probation; waiver of Fourth Amendment rights as condition of probation. Provides that among the conditions the court may impose upon a probationer is that the person, vehicle or home of the defendant shall be subject to search without a warrant during the period of his probation when the search derives from a violation of other conditions imposed upon the defendant by the court or arises out of a suspicion that the defendant is engaged in conduct the same as that or substantially similar to that for which he was convicted, provided that such condition may be imposed only upon a defendant convicted of a felony violation under Article 1 (§
18.2-247 et seq.) of Chapter 7 of Title 18.2 (controlled substance violations) or a violent felony as defined in §
17.1-805.
A BILL to amend and reenact § 19.2-303 of the Code of Virginia, relating to probation; waiver of Fourth Amendment rights as condition of probation.
084602604
H.B. 1384 Grand jurors; disinterest in outcome and impartiality are required when selecting.
Patron: Janis
Selection of grand jurors. Clarifies that disinterest in outcome and impartiality are required when a selection of grand jurors is made.
A BILL to amend and reenact §§ 19.2-194, 19.2-207, and 19.2-215.4 of the Code of Virginia, relating to selection of grand jury membership.
081669536
H.B. 1395 Sexual assault; Dept. of State Police, etc. establish policies for responding to crimes involving.
Patron: Bell
Policies for responding to crimes involving sexual assault. Requires that the Department of State Police and local law-enforcement agencies establish written policies and procedures regarding response to incidents involving sexual assault. The Department of Criminal Justice Services is directed to provide law-enforcement agencies with technical support and assistance in developing the policies and procedures.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 13, consisting of a section numbered 9.1-1300, relating to policies for responding to crimes involving sexual assault.
085969432
Impact Statements
H.B. 1442 Ignition interlock; required implementation after first DUI conviction.
Patron: Iaquinto
DUI ignition interlock limitations. Requires the implementation of ignition interlock following a first DUI conviction and raises the administrative fee from $20 to $75. The bill also provides that the cost of the interlock is to be paid from the criminal fund if the person is indigent and that the person is prohibited from driving a school bus, a school vehicle, or a passenger vehicle that carries more than 15 people.
A BILL to amend and reenact § 18.2-270.1 of the Code of Virginia, relating to ignition interlock limitations.
088327492
H.B. 1488 Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed.
Patron: Sherwood
Use of polygraph on sex offense victims. Provides that no complaining witness of any alleged offense involving criminal sexual activity shall be requested to submit to a polygraph examination as a condition of proceeding with an investigation of the offense.
A BILL to amend and reenact § 19.2-9.1 of the Code of Virginia, relating to use of polygraph on sex offense victims.
088903520
Impact Statements
