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Summary of Legislation 2014 Session

Here is a summary of the bills sponsored by the Commission during the 2014 legislative session. The summary information includes bill number, patron, bill title, and legislative outcome.

Quick Summary of Legislation

Admission of  Prior Sex Offenses

HB 403 (Del. Robert Bell) Child sex crime cases; admission of prior sexual offenses into evidence. (PASSED as amended) (Signed by Governor, Acts Chap. 782)

Child Sexual Abuse

SB 331 (Sen. Janet Howell) Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator. (PASSED as introduced)  (Signed by Governor, Acts Chap. 299)

SB 332 (Sen. Janet Howell) Suspected abuse or neglect of a child; reports to law enforcement. (PASSED as amended) (Signed by Governor, Acts Chap. 300)

SB 421 (Sen. Ryan McDougle) Local multidisciplinary child sexual abuse response teams. (PASSED as amended) (Signed by Governor, Acts Chap. 801)

HB 334 (Del. Robert Bell) Local multidisciplinary child sexual abuse response teams. (PASSED as amended) (Signed by Governor, Acts Chap. 780)

HB 404 (Del. Robert Bell) Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator. (Continued to 2015 by House Courts of Justice)

HB 405 (Del. Robert Bell) Suspected abuse or neglect of a child; reports to law enforcement. (PASSED as amended) (Signed by Governor, Acts Chap. 565)

HB 682 (Del. Charniele Herring) Central registry of records; time records must be kept. (Left in House Health, Welfare, and Institutions)

HB 683 (Del. Charniele Herring) Investigation of alleged child abuse and neglect; agreements with school (PASSED as amended) (Signed by Governor, Acts Chap. 412)

HB 709 (Del. Todd Gilbert) Child abuse and neglect investigations; time for determination. (PASSED as amended) (Signed by Governor, Acts Chap. 504)

Cigarette Trafficking

SB 352 (Sen. Bryce Reeves/Sen. Janet Howell) Sealed pack labeled as cigarettes; prima facie evidence. (PASSED as introduced) (Signed by Governor, Acts Chap. 301)

SB 364 (Sen. Bryce Reeves/Sen. Janet Howell) Cigarette taxes; ineligibility to be authorized holder. (PASSED as introduced) (Signed by Governor, Acts Chap. 457)

SB 365 (Sen. Bryce Reeves/Sen. Janet Howell) Forfeiture of counterfeit and contraband cigarettes; use by law enforcement. (PASSED as amended) (Signed by Governor, Acts Chap. 458)

SB 366 (Sen. Bryce Reeves/Sen. Janet Howell) Multijurisdiction grand juries; cigarette trafficking offenses, jury may investigate. (PASSED as introduced) (Signed by Governor, Acts Chap. 534)

SB 478 (Sen. Thomas Norment/Sen. Janet Howell) Illegal distribution of tax-paid contraband cigarettes. Civil Penalty. (PASSED as introduced) (Signed by Governor, Acts Chap. 463)

SB 489 (Sen. Thomas Norment/Sen. Janet Howell) Possession with intent to distribute tax-paid, contraband cigarettes; authorized holder. (PASSED as amended) (Signed by Governor, Acts Chap. 751)

HB 853 (Del. Todd Gilbert) Administration and enforcement of cigarette laws. (PASSED as amended) (Signed by Governor, Acts Chap. 422)

Writs of Actual Innocence

HB 671 (Del. Charniele Herring) Writ of actual innocence, bail hearings. (Continued to 2015 by House Courts of Justice)

2013 Session

Here is a summary of the bills sponsored by the Commission during the 2013 legislative session. The summary information includes bill number, patron, bill title, and legislative outcome.

Quick Summary of Legislation

Cigarette Trafficking

SB 1017 (Howell)/ HB 1783 (Gilbert) Tax-paid contraband cigarettes; penalties (PASSED as introduced)

SB 1018 (Howell) Unstamped cigarettes; sale, transport, possession, etc.; penalties (PASSED as amended)

SB 1019 (Howell) Counterfeit cigarettes; penalties (PASSED as introduced)

SB 1020 (Howell) RICO; contraband cigarettes; penalties (PASSED as introduced)

SB 1021 (Howell) Cigarette and other tobacco products taxes; electronic transactions (PASSED as amended)

SB 1022 (Howell) Forfeiture of cigarettes (PASSED as introduced)

HB 1780 (Gilbert) RICO; contraband cigarettes; penalties (Left in House Courts of Justice)

HB 1820 (Ware) Unstamped cigarettes; sale, transport, possession, etc.; penalties (PASSED as amended)

HB 1822 (Ware) Unstamped cigarettes; sale, purchase, possession, etc.; penalties (Left in House Courts of Justice)

HB 2056 (Herring) Counterfeit cigarettes; penalties (Left in House Courts of Justice)

Concealed Weapons

HB 1833 (Lingamfelter) Reorganizing and recodifying the law related to carrying concealed weapons and concealed handgun permits (PASSED as amended)

Incapacitated Adults

SB 997 (Barker)/ HB 2122 (Herring)  Photographs of abused, incapacitated adult (PASSED as amended)

SB 1006 (Barker)/ HB 2120 (Herring) Individual incapable of making an informed decision; procedure for physical evidence recovery kit examination (PASSED as amended)

HB 1682 (Bell) Financial exploitation of incapacitated persons; penalty (PASSED as amended)

HB 2053 (Ware) Uniform Power of Attorney Act; violation; penalty (Left in House Courts of Justice)

Law Enforcement Training and Decertification

SB 1024 (Howell) Administrative Process Act; DCJS; exemption (PASSED as amended)

SB 1026 (Howell)/ HB 2121 (Herring) Law-enforcement officers; grounds for decertification (PASSED as amended)

HB 1818 (Ware) Powers and duties of the Commonwealth's Attorneys' Services Council (PASSED as introduced) (Signed by Governor, Acts Chap. 0079)

HB 1819 (Ware) DCJS; criminal justice training schools (Left in House Appropriations)  

Synthetic Cannabinoids

HB 1843 (Loupassi) Synthetic cannabinoids; research chemicals; penalties (INCORPORATED into HB 1941 (Garrett))

HB 1941 (Garrett) Synthetic cannabinoids; research chemicals; penalties (PASSED as amended)

Texting While Driving

SB 1222 (Norment)/ HB 1907 (Anderson) Driving while texting; primary offense; increased penalties (PASSED as amended)

HB 1848 (Loupassi) Reckless driving; using a handheld communications device; penalty (INCORPORATED into HB 1907 (Anderson))


2012 Session

Here is a summary of the bills sponsored by the Commission during the 2012 legislative session. The summary information includes bill number, patron, bill title, and legislative outcome. Click the category heading link or scroll down the page for detailed information.

Quick Summary of Legislation

Kinship Foster Care Placements

SB 299 (Howell) Kinship Foster Care Placements; Requirements -- PASSED as amended.

Protective Orders

SB 300 (Howell) Protective Order; Juveniles; Venue -- PASSED as amended.

Campus Police Death and Rape Investigations

SB 301 (Howell)/ HB 969 (Bell) Sexual Assault Response Teams; Addition of Campus Police -- PASSED as amended.

SB 302 (Howell)/ HB 965 (Bell) Campus Police; MAAs with local law-enforcement agencies -- PASSED as amended.

SB 303 (Howell) Mandatory Reporting of Suspected Child Abuse; Public and Private College Employees -- INCORPORATED into SB 239.

HB 970 (Bell) Mandatory Reporting of Suspected Child Abuse; Public and Private College Employees -- PASSED as amended.

Barrier Crimes

HB 971 (Bell) Barrier Crimes; Additional Crimes to Barrier Crime Statutes -- PASSED as amended.

Criteria for Involuntary Commitment

HB 972 (Bell) Criteria for Involuntary Commitment -- PASSED as amended.

Synthetic Cannabinoids

HB 986 (Loupassi) Synthetic Cannabinoids; Bath Salts; Penalties -- LEFT in House Courts of Justice.

Medical Fraud Control Unit

HB 988 (Loupassi) Medical Fraud Control Unit; Appointment of Investigators -- LEFT in House Appropriations.

Detailed Review of Legislation

Kinship Foster Care Placements

SB 299 (Howell) Kinship Foster Care Placements; Requirements (PASSED as amended)

  • Bill proposes to amend §§ 63.2-900.1(B) and 63.2-901.1 (F).  The amendment to § 63.2-900.1(B) provides that the Commissioner of Social Services may grant a variance from requirements governing approval of foster care placements with regard to a kinship foster care provider.  The addition to § 63.2-901.1(F) provides that a local board of social services or child-placing agency may approve for kinship foster care an applicant convicted of specific offenses that would otherwise bar an applicant from serving as a foster parent, provided that 10 years have elapsed from the date of conviction and that safety of the child is preserved in authorizing the kinship foster care placement.  The crimes for which a variance can be granted are felony drug possession, but not felony drug distribution, and misdemeanor arson offenses.
  • Disposition: Passed Senate (36-3) and House (98-0)
  • Amended Language as Passed: Add this language to  § 63.2-900.1(B):

    Kinship foster care placements pursuant to this section shall be subject to all requirements of, and shall be eligible for all services related to, foster care placement contained in this chapter. However, the Commissioner may grant a variance from the requirements of this chapter pursuant to 42 U.S.C. § 671(a)(10) and allow the placement of a child in with a kinship foster care provider when he determines that (i) the requirement would impose a substantial hardship on the kinship foster care provider and (ii) the variance would not adversely affect the safety and well-being of the child to be placed in an arrangement for kinship care as defined in § 63.2-100 or with the kinship foster care provider. Variances granted pursuant to this subsection shall be considered and, if appropriate, granted on a case-by-case basis and shall include consideration of the unique needs of each child to be placed

  • Amended Language as Passed: Add this language to  § 63.2-901.1(F):

    A local board or child-placing agency may approve as a kinship foster care parent an applicant convicted of the following offenses, provided that 10 years have elapsed from the date of the conviction and the local board or child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child: (i) a felony conviction for possession of drugs as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, but not including a felony conviction for possession of drugs with the intent to distribute; (ii) a misdemeanor conviction for arson as set out in Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2; or (iii) an equivalent offense in another state.

Protective Orders

SB 300 (Howell) Protective Order; Juveniles; Venue (PASSED as amended)

  • Bill proposes to amend §§ 16.1-241, 16.1-253.2, 16.1-253.4, 16.1-260, and 19.2-152.8, making various changes to the provisions governing protective orders issued by a juvenile and domestic relations district court.
  • Bill proposes the addition of a new code section, § 19.2-152.11 which provides that the venue in which the protective order is sought shall be consistent with the venue for family abuse protective orders: where either party has residence, where the act or threat of violence occurred, or where an existing protective order between the parties has been issued.
  • Disposition: Passed Senate (40-0) and House (98-0)
  • Amended as Passed: Amendments clarify:

    that only violations related to trespass, criminal offenses, acts of abuse, or prohibited contacts are Class 1 misdemeanors; that juvenile and domestic relations district courts have jurisdiction over all protective orders that involve juveniles, whether as the alleged victim or respondent; and allowing judges to prohibit contact between the respondent and the allegedly abused person or that person’s family

  • § 19.2-152.11, The new code section:

    Proceedings in which a protective order is sought pursuant to this chapter shall be commenced where (i) either party has his principal residence; (ii) the act of violence, force, or threat by the respondent against the petitioner occurred; or (iii) a protective order was issued if, at the time the proceeding is commenced, the order is in effect to protect the petitioner or a family or household member of the petitioner.

Campus Police Death and Rape Investigations

SB 301 (Howell)/ HB 969 (Bell) Sexual Assault Response Teams; Addition of Campus Police (PASSED as amended)

  • Bill proposes to amend § 15.2-1627.4 (relating to Sexual Assault Response Teams) by requiring that each attorney of the Commonwealth invite any higher education campus police chiefs within their jurisdiction to the annual SART meeting.
  • Disposition: Passed Senate (40-0) and House (97-0)
  • Amended Language as Passed:
  • Adds this language to to § 15.2-1627.4: “…and the chief of each campus police department of any institution of higher education.”

SB 302 (Howell)/ HB 965 (Bell) Campus Police; MAAs with local law-enforcement agencies (PASSED as amended)

  • Bill proposes to amend § 23-234 relating to mutual aid agreements between campus police and local law-enforcement agencies by adding part B, requiring that such agreements be in place for situations involving deaths and felony sexual assaults occurring on campus property.
  • Disposition: Passed Senate (40-0) and House (100-0)
  • Amended Language as Passed: Adds part B § 23-234:
  • All public or private institutions of higher education that have campus police forces established in accordance with the provisions of this chapter shall enter in and become a party to mutual aid agreements with one or more of the following: (i) an adjacent local law-enforcement agency or (ii) the Department of State Police, for the use of their joint forces, both regular and auxiliary, equipment, and materials when needed in the investigation of any felony criminal sexual assault or medically unattended death occurring on property owned or controlled by the institution of higher education or any death resulting from an incident occurring on such property. The provisions of this section shall not prohibit a campus police force from requesting assistance from any appropriate law-enforcement agency of the Commonwealth, even though a mutual aid agreement has not been executed with that agency.

SB 303 (Howell) Mandatory Reporting of Suspected Child Abuse; Public and Private College Employees (INCORPORATED into SB 239 (Stuart))

  • Bill proposes to amend § 63.2-1509 by adding any person employed by a public or private institution of higher education to the list of individuals required to report suspected abuse or neglect of a child.
  • Disposition: Incorporated into SB239

HB 970 (Bell) Mandatory Reporting of Suspected Child Abuse; Public and Private College Employees (PASSED as amended)

  • Bill proposes to amend § 63.2-1509 by adding any person employed by a public or private institution of higher education to the list of individuals required to report suspected abuse or neglect of a child. The amendment excludes any attorney who is employed by a public or private institution of higher education as it relates to information gained from the legal representation of a client.
  • Disposition: Passed House (96-0) and Senate (40-0)
  • Amended Language as Passed: Adds this language to § 63.2-1509:
  • Any person employed by a public or private institution of higher education other than an attorney who is employed by a public or private institution of higher education as it relates to information gained in the course of providing legal representation to a client.

Barrier Crimes

HB 971 (Bell) Barrier Crimes; Additional Crimes to Barrier Crime Statutes (PASSED as amended)

  • Bill proposes to amend §§ 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 63.2-1719, and 63.2-1726. The amendments provide for the addition of various barrier crimes statutes: abduction for purposes of human trafficking, extortion, and felony violations of protective orders. People who have been convicted of or are the subject of pending charges of one of those crimes will not be able to work in a licensed nursing home, home care organization, or hospice and cannot work, volunteer, or provide services on a regular basis at a children's residential facility that is regulated or operated by the Department of Behavioral Health and Developmental Services, certain structured residential programs for juveniles, or children's residential facilities regulated or operated by the Department of Social Services, Education, or Military Affairs. Persons convicted of such crimes cannot be approved by a child-placing agency as adoptive or foster parents and cannot be adult foster care home providers or providers of home-based adult services. In addition, they cannot work at certain schools, assisted living facilities, adult day care centers, child welfare agencies, or family day homes
  • Disposition: Passed House (98-0) and Senate (37-2)
  • Amended Language as Passed:
  • Amendments were similar in that they added language that included the new definition of barrier crimes as defined by § 63.2-1719.

  • Adds this language to § 63.2-1719:
  • "Barrier crime" means a conviction of a felony violation of a protective order as set out in § 16.1- 253.2…abduction as set out in subsection A or B of § 18.2-47…extortion by threat as set out in § 18.2-59…felony violation of a protective order as set out in § 18.2-60.4…

Criteria for Involuntary Commitment

HB 972 (Bell) Criteria for Involuntary Commitment (PASSED as amended)

  • Bill proposes to amend § 37.2-817 (relating to criteria for involuntary commitment) providing that when a court is to make a decision as to whether it should involuntarily commit a person for 30 days, it shall consider, in addition to other relevant evidence, whether the person recently has been found by a court to be unrestorably incompetent to stand trial on a criminal charge.
  • Disposition: Passed House (100-0) and Senate (40-0)
  • Amended Language as Passed: Adds this language to § 37.2-817 (C):
  • “…any other relevant evidence that may have been admitted, including whether the person recently has been found unrestorably incompetent to stand trial after a hearing held pursuant to subsection E of § 19.2-169…”

Synthetic Cannabinoids

HB 986 (Loupassi) Synthetic Cannabinoids; Bath Salts; Penalties (FAILED)

  • Bill proposes to amend §§ 18.2-248.1:1 and 54.1-3446 (relating to the regulation of synthetic cannabinoids, bath salts, and penalties) by amending the provisions added to the Code last year regarding the criminalization of synthetic cannabinoids and chemicals known as “bath salts” to add newly identified chemical combinations. The bill also adds a more generic chemical description of synthetic cannabinoids so that the new combinations will be illegal without the precise chemical combination being added to the Code.
  • Disposition: Tabled in House Courts of Justice (A nearly identical bill, HB 508, passed House (100-0) and Senate (49-0))

Medical Fraud Control Unit

HB 988 (Loupassi) Medical Fraud Control Unit; Appointment of Investigators (LEFT in House Appropriations)

  • Bill proposes to amend §§ 9.1-101 and 18.2-308 and to add a section numbered 32.1-320.1 relating to the appointment of investigators to the medical fraud control unit. The amendment would authorize the attorney general to appoint unit investigators to investigate fraud, abuse, or neglect in the provision of care under the plan for medical assistance. Such investigators would be considered law-enforcement officers pursuant to § 32.1-320.1 and would be sworn to enforce the laws of the Commonwealth through the investigation of medical fraud and abuse. Such investigators would be authorized to carry a concealed handgun while in the discharge of their official duties.
  • Disposition: Left in House Appropriations

2011 Legislation

Here is a summary of the bills sponsored by the Commission during the 2011 legislative session. The summary information includes bill number, patron, bill title, and legislative outcome. Click the category heading link or scroll down the page for detailed information.

Law Enforcement Emergency Response and Lineup Bills

SB 762 (Puller) Emergency vehicles; proceeding past red lights -- PASSED as amended.
SB 944 (Howell) Pursuits and Lineups; Training standards -- PASSED as amended.
HB 1403 (Loupassi) / HB 2211 (McQuinn) Vehicle Forfeiture -- FAILED.

Juvenile Transfer and Certification Bills

SB 914 (McDougle) Juvenile Transfer; added Crimes -- FAILED.
SB 948 (Howell) Juvenile Adjudications -- LEFT in House Courts of Justice.

Protective Orders Bills

HB 1716 (Scott, J.M.) Protective Order; Companion Animals -- INCORPORATED into HB 2063.
HB 1936 (Ware, O.) Protective Order; Conviction of Domestic Assault -- FAILED.
HB 2063 (Bell, R.B.) Protective Order Omnibus Bill -- PASSED as amended.
HB 2089 (Herring) Protective Order; Service -- PASSED as amended.
HB 2106 (Armstrong) / SB 925 (McDougle) Protective Order; Conditional GPS -- PASSED as amended.

Synthetic Marijuana Bills

SB 745 (Herring) / HB 1423 (Miller, P.J.) Synthetic Marijuana; Penalties -- PASSED as amended.

Law Enforcement Emergency Response and Lineup Bills

SB 762 (Puller) Emergency vehicles; proceeding past red lights (PASSED as amended)

  • Bill proposes to amend § 46.2-920(B), the statute governing traffic law exemptions for emergency vehicles, by requiring emergency vehicles to sound a siren or come to a complete stop before proceeding (with “due regard to the safety of persons and property”) through an intersection without otherwise obeying the posted traffic signs or signals.
  • Disposition: Passed Senate (40-0) and House (99-0)
  • Amended Language as Passed: Adds this language to § 46.2-920(B):
  • The exemptions granted to emergency vehicles by subsection A of this section in subdivisions A1, A3, A4, A5, and A6 shall apply only when the operator of such vehicle displays a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023 and sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary, and,. The exemption granted under subdivision A 2 shall apply only when the operator of such emergency vehicle displays a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 and 46.2-1023 and either (a) sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals or (b) slows the vehicle down to a speed reasonable for the existing conditions, yields right-of-way to the driver of another vehicle approaching or entering the intersection from another direction or, if required for safety, brings the vehicle to a complete stop before proceeding with due regard for the safety of persons and property. In addition, the exemptions granted to emergency vehicles by subsection A shall apply [. . . .]

SB 944 (Howell) Pursuits and Lineups; Training standards (PASSED as amended)

  • Bill proposes to amend § 9.1-102 (powers and duties of Criminal Justice Service Board and Department of Criminal Justice Services) by adding sections 53 and 54. Sections 53 and 54 enable the Department, under the direction of the board, to establish training standards and publish model policies for vehicular pursuits and police lineups, respectively. In both cases, the model policies are to reflect best practices.
  • Disposition: Passed Senate (39-0) and House (99-0)
  • Amended Language as Passed: Adds this language to § 9.1-102:
  • 53. Establish training standards and publish a model policy for lawenforcement personnel assigned to vehicle patrol duties that embody current best practices for pursuits and for responding to emergency calls;
    54. Establish training standards and publish a model policy for lawenforcement personnel involved in criminal investigations that embody current best practices for conducting photographic and live lineups;

HB 1403 (Loupassi)/HB 2211 (McQuinn) Vehicle Forfeiture (FAILED)

  • Bill proposes to amend §§ 19.2-386.16 and 4.1-340. The amendment provides that any vehicles driven in the commission of a felony violation of § 46.2-817 (disregarding signal by law-enforcement officer to stop; eluding police; penalties) shall be forfeited to the Commonwealth and seized by any arresting officer.
  • Disposition: Passed House (94-0); PBI in Senate Courts of Justice (12-3)

Juvenile Transfer & Certification Bills

SB 914 (McDougle) Juvenile Transfer; added Crimes (FAILED)

  • Bill proposes to amend § 16.1-269.1 (Trial in circuit court; preliminary hearing; direct indictment; remand), which governs the conditions in which a juvenile may be transferred to circuit court, by adding several offenses to the list of offenses that trigger juvenile transfer proceedings. The specific offenses that would be added are:
    • An “act of violence” as defined in 19.2-297.1;*
    • Gang participation;
    • Manufacture, sale, gift, distribution or possession with intent to distribute a controlled substance or imitation controlled substance;*
    • Manufacture, sale, gift, distribution or possession with intent to distribute methamphetamines;*
    • Felonious sale, distribution, gift or possession with intent to distribute of marijuana; and,*
    • Manufacture, sale, gift, distribution or possession with intent to distribute anabolic steroids.*

    Offenses marked with an asterisk (*) require a previous adjudication of delinquency for the same offense before triggering a transfer proceeding.
  • Disposition: PBI in Senate Courts of Justice (10-5)

SB 948 (Howell) Juvenile Adjudications (LEFT in House Courts of Justice)

  • Bill proposes to amend § 16.1-272 to grant a circuit judge the authority, upon motion by a juvenile being tried as an adult, to have any finding of guilt changed to an adjudication of delinquency, provided that the juvenile successfully complete probation.
  • Disposition: Passed Senate (39-0); Left in House Courts of Justice

Protective Order Bills

HB 1716 (Scott, J.M.) Protective Order; Companion Animals (INCORPORATED into HB 2063)

  • Bill proposes to amend §§ 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 (protective order statutes generally) by adding a prohibition against damaging personal property or harming a companion animal to the list of possible restrictions allowed under a protective order.
  • Disposition: Incorporated into HB 2063

HB 1936 (Ware, O.) Protective Order; Conviction of Domestic Assault (FAILED)

  • Bill proposes to amend § 18.2-57.2 (Assault and battery against a family or household member; penalty) by adding a provision that upon conviction under this section, and in addition to the sentence imposed, a protective order may be entered against the guilty party pursuant to § 16.1-279.1 for a period no longer than two years from the date of conviction.
  • Disposition: Tabled in House Courts of Justice

HB 2063 (Bell, R.B.) Protective Order Omnibus Bill (PASSED as amended)

  • Bill proposes to amend §§ 19.2-153.8, 19.2-153.9, 19.2-153.10 (Emergency protective orders; Preliminary protective orders; Protective orders) by expanding the criteria by which non-family or non-household members can petition for a protective order; any person who has been subjected to an act of violence, force, or threat can petition a district or circuit court for a protective order. Hence, these orders will no longer be referred to as “stalking protective orders.” If an emergency protective order is issued, following a petition by law enforcement, on behalf of a victim who is incapacitated, the officer may apply for an additional 3 day extension of the order.
  • Bill proposes to amend § 18.2-60.4 (Violation of protective orders; penalty), by making the penalties for violating a protective order identical to the penalties for violating a family abuse protective order: any violation must receive at least some active jail time; subsequent violations all carry the potential, if violence is or was involved with either the current or a previous violation, for mandatory minimum incarceration and a felony.
  • Bill proposes to amend § 16.1-228 (Definitions of terms applicable to JDR court statutes), by inserting language into the definition of “family abuse” that reinforces that acts of sexual assault do constitute “family abuse.”
  • Bill proposes to amend §§ 16.1-253.1, 16.1-253..4, 16.1-279.1 (Preliminary family abuse protective orders; Emergency family abuse protective orders; Family abuse protective orders) by inserting language that definitively makes clear a judge can prohibit a party, in a protective order, from engaging in criminal conduct that results in damage to personal property. (This would include harming pets or companion animals, which was the goal of HB 1716, that was incorporated into this bill).
  • Disposition: Went to conference; Conference report passed Senate (40-0) and House (92- 0)

HB 2089 (Herring) Protective Order; Service (PASSED as amended)

  • Bill proposes to amend § 16.1-264 (Service of summons; proof of service; penalty). The bill would allow a law enforcement officer to effect service of an emergency protective order on the subject through personal notification that an order has been issued. The notice will be on a form approved by the Supreme Court of Virginia. After service, the officer will then enter the date & time of service (and any other information required) into the Virginia Criminal Information Network (VCIN).
  • Disposition: Passed Senate (40-0) and House (99-0)
  • Amended Language as Passed: Adds this language to § 46.2-920(B):
  • A1. Any person who is subject to an emergency protective order issued pursuant to § 16.1-253.4 or 19.2-152.8 shall have been personally served with the protective order if a law-enforcement officer, as defined in § 9.1- 101, personally provides to such person a notification of the issuance of the order, which shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, provided that all of the information and individual requirements of the order are included on the form. The officer making service shall enter or cause to be entered the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court.

HB 2106 (Armstrong)/SB 925 (McDougle) Protective Order; Conditional GPS (PASSED as amended)

  • Bill proposes to amend §§ 19.2-123, 19.2-152.4:3, and 19.2-303 (governing pre-trial release on bond and the suspension or modification of a sentence after a finding of guilt). The bill would allow a judge to impose, as a condition of bond or as a condition of a suspended sentence, the tracking of the accused/convicted using either a GPS tracking device or any similar monitoring device.
  • Disposition: Went to conference; Conference report passed Senate (40-0) and House (99- 0)
  • Amended Language as Passed:
    • Adds this language to § 19.2-123(4): “or, when the person is required to execute a secured bond, be subject to monitoring by a GPS (Global Positioning System) tracking device, or other similar device.
    • As amended, this language now only applies to a secured bond.
    • Adds this language to § 19.2-303: “After conviction . . . the court may suspend imposition of sentence . . . and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device,
    • Proposed amendment to 19.2-152.4:3 was stricken.

Synthetic Marijuana Bills

SB 745 (Herring)/HB 1423 (Miller, P.J.) Synthetic Marijuana; Penalties (PASSED as amended)

  • Bill proposes to amend §§ 4.1-225, 9.1-176.1, 15.2-907, 16.1-260, 16.1-278.8:01, 18.2- 251, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-308, 18.2-308.1:5, 18.2-308.4, 18.2-474.1, 19.2-83.1, 19.2-187, 19.2-386.22 through 19.2- 386.25, 22.1-277.08, 22.1-279.3:1, 24.2-233, 53.1-145, 53.1-203, and 54.1-3446 (generally, crimes involving marijuana and/or controlled substances), and to create a new code section, § 18.2-248.1:1 (Penalties for possession, sale, gift, or distribution of or possession with intent to sell, give, or distribute synthetic cannabinoids; manufacturing). Generally, the amendments would create new offenses involving synthetic cannabinoids, with terms and penalties similar to the penalties for marijuana-related offenses.
  • Disposition: Went to conference; Conference report passed by Senate (40-0) and House (91-0)
  • Amended as Passed:
    • All amended sections were amended in a similar way. All references to marijuana in the aforementioned code sections are now also joined with “synthetic cannabinoids,” as defined in the new section 18.2-248.1:1.
    • § 18.2-248.1:1: The new code section identifies several chemical compounds as synthetic marijuana (including 1-pentyl-3-(1-naphthoyl)indole, otherwise known as JWH-018).
      • The knowing or intentional possession of a synthetic cannabinoid is a class 1 misdemeanor.
      • The sale or distribution, or possession with intent to sell or distribute, of a synthetic cannabinoid is a class 6 felony.
      • A gift without intent to profit (an accommodation) of a synthetic cannabinoid is a class 1 misdemeanor, unless the accommodation is to an inmate of a state, local or federal penitentiary, in which case it is a class 4 felony.
      • The manufacture of a synthetic cannabinoid is a special felony “punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.”
    • The new section also provides for restitution to property owners whose property was damaged by the manufacturer of a synthetic cannabinoid due to the manufacturing process.
    • Finally, the new section contains a provision that labels, as synthetic cannabinoids, any future chemicals that can be analogized to the previously identified synthetic cannabinoids.