Virginia Pre-Trial Data Project
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Patrick Henry Building
1111 East Broad Street
Suite B036
Richmond, Virginia 23219
Past Studies
2023 Studies |
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The Crime Commission reviewed the following issues:
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2022 Studies |
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The Crime Commission reviewed the following issues:
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2021 Studies |
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The Crime Commission reviewed the following issues:
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2019 Studies |
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The Crime Commission reviewed the following issues:
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2016 Studies |
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The Crime Commission was requested to review several issues during the 2016 Session of the General Assembly. Additionally, the Commission planned to assist in implementing asset forfeiture coordinator training, continue to work towards completing the ongoing DNA Notification Project, and continue to monitor illegal cigarette trafficking. |
Habeas Corpus- Restrictions, Deadlines, and Relief
The Crime Commission was requested to review habeas corpus as it relates to the statute of limitations, unnecessary restrictions, available remedies/relief, and actual innocence. |
Pretrial Services HB 774 and HB 776
The Crime Commission was requested to study conditions of release without bond, provided the person is determined to be indigent, and the use of pretrial services for individuals arrested for a felony or misdemeanor. Staff will research community corrections and pretrial services and review current laws. This is a two year study. |
Restitution; Revocation of Probation or Suspended Sentence HB 605
The Crime Commission was requested to study restitution, in relation to revocation of probation or suspended sentences, and to determine current practices and methods for payment/collection of restitution. |
Search Warrants SB 247 and HB 361
The Crime Commission was requested to study search warrants in regards to probation violations that do not involve new criminal offenses. |
Use of the Term “Mental Retardation” in Capital Cases
The Crime Commission was requested to study the feasibility of replacing the term “mental retardation” with "intellectual disability" in Virginia's capital murder statutes. Staff will review Supreme Court cases and Virginia's statutes to verify the change in terminology would have no unintended consequences. |
Asset Forfeiture Coordinator Training Implementation
As a part of last year’s study on asset forfeiture, staff was directed to work with law enforcement, prosecutors, and DCJS to help implement training that can be readily available online to new asset forfeiture coordinators. |
DNA Notification Project – Continuation of Ongoing Project
As a result of the passage of budget language during the 2008 Session and SB 1391 during the 2009 Session of the General Assembly, the Forensic Science Board was directed to ensure that all individuals, convicted in the 1970's and 1980’s, whose case files at the Department of Forensic Science (DFS) contain biological evidence, be notified that such evidence exists and may be suitable for DNA testing. The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. Staff will continue to work with DFS and the Board to ensure that the legislative mandate is fulfilled, as well as the Commission’s recommendations. |
Illegal Cigarette Trafficking – Continue to Monitor
Staff will continue to monitor cigarette trafficking, provide assistance with training, and review available data. This study stems from continued efforts since the 2011 study on the topic. |
2015 Studies |
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The Crime Commission was referred a number of studies during the 2015 Session of the General Assembly. Additionally, the Commission plans to implement recommendations from last year’s missing person/search and rescue study, continue to work towards completing the ongoing DNA Notification Project, and continue to monitor illegal cigarette trafficking. |
Asset Forfeiture SB 684 and HB 1287
The Crime Commission was requested to study forfeiture of property used in connection with the commission of crimes. Staff will conduct a comprehensive review of Virginia’s forfeiture statutes, as well as review the issue of forfeiture upon conviction of the defendant. |
Sexual Crimes Against Minors SB 1253
The Crime Commission was requested to study the statute of limitations in regards to misdemeanor sexual crimes against minors. |
Stalking SB 1297 and HB 1453
The Crime Commission was requested to study the penalties for stalking. Staff plans to review First Amendment constitutional concerns and other states’ stalking laws. |
Missing Person/Search and Rescue (SAR) SJ 64, HJ 62 – Implementation of 2014 Study Recommendations
The Crime Commission unanimously endorsed at its December 2014 meeting for staff to convene a work group to develop a first responder SAR checklist, assist the Department of Criminal Justice Services with the creation of a family resource guide, and work with the Sheriffs’ and Chiefs’ Associations to promote awareness and education of missing person and search and rescue. |
DNA Notification Project – Continuation of Ongoing Project
As a result of the passage of budget language during the 2008 Session and SB 1391 during the 2009 Session of the General Assembly, the Forensic Science Board was directed to ensure that all individuals, convicted in the 1970's and 1980’s, whose case files at the Department of Forensic Science (DFS) contain biological evidence, be notified that such evidence exists and may be suitable for DNA testing. The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. Staff will continue to work with DFS and the Board to ensure that the legislative mandate is fulfilled, as well as the Commission’s recommendations. |
Illegal Cigarette Trafficking – Continue to Monitor
Staff has been requested to provide assistance with training and to continue to monitor the existing problem. This study stems from continued efforts since the 2011 study on illegal cigarette trafficking. |
2014 Studies |
| The Crime Commission was referred a number of studies during the 2014 Session of the General Assembly. Additionally, the Commission plans to continue its study on illegal cigarette trafficking, as well as continue to participate in the ongoing DNA Notification Project. |
Barrier Crimes SB 353
The Crime Commission was requested to study barrier crimes for individuals seeking employment at various organizations and facilities. Staff will review the current list of barrier crimes and compare with proposed changes to ensure that no substantive changes are made, as well as identify any discrepancies of barrier crimes that may need to be added or removed. |
Child Abuse Multi-Disciplinary Team (MDT) Development
The Crime Commission was requested to participate in the Department of Criminal Justice Services’ (DCJS) work group to implement 2014 Session Crime Commission legislation (HB334/SB421) that mandated the establishment of MDT teams in each locality. Staff will participate in the DCJS work group meetings and conduct a brief needs assessment survey. |
Expungement of Juvenile Records SJ 24
The Crime Commission was directed by the General Assembly to study the expungement of juvenile records and make recommendations regarding improvements in the laws that would assist juvenile offenders while allowing law enforcement to maintain the safety of the citizens of the Commonwealth. Staff will review current laws related to confidentiality, retention, and accessibility of juvenile records. |
Harassment by Computer/ Digital Impersonation HB 344, HB 707
The Crime Commission was requested to study harassment by computer and digital impersonation. Staff will review other states’ laws and case law for any constitutional concerns. |
Human Trafficking and Juvenile Prostitution SB 373, HB 486
The Crime Commission was requested to study human trafficking. Specifically, new felonies for trafficking in persons for forced labor or sexual servitude, as well as the ability for a child in need of services to be substituted for a delinquency petition for certain minors arrested for prostitution. The study also examines requiring individuals currently required to report suspected child abuse or neglect to also report suspected cases of human trafficking of a child. Staff will review current law to identify whether any gaps in the law exist and meet with stakeholders to identify any solutions. |
Law Enforcement Lineups
The Crime Commission was requested to re-examine law enforcement lineups. An in-depth study in 2010 indicated that about 25% of agencies did not have a lineup policy and a policy review indicated that many agency policies did not include best practices. Staff will collect and analyze existing policies and compare with results from the 2010 study. |
Missing Persons/Search and Rescue SJ 64, HJ 62
The Crime Commission was directed by the General Assembly to study the current state of readiness of Virginia's law enforcement and Search and Rescue efforts for rapid and well-coordinated deployment in all missing, endangered, and abducted person cases. Staff will conduct a literature review, collect and analyze relevant data, as well as meet with involved stakeholders and families. |
Reproduction of Child Pornography
The Crime Commission was requested to review Va. Code section 18.2-374.1:1(C) which defines child pornography and determine if there is a need for clarification. Staff will review current law and determine whether a redraft is necessary. |
Sexting
The Crime Commission will provide an update regarding sexting. There have been several Virginia cases regarding this issue that have created some concern. Staff last reviewed this issue in 2009 and will update members on the status of current law and recent cases. |
Sexual and Domestic Violence Victim Service Agency Funding HB 885
The Crime Commission was directed by the General Assembly to convene a stakeholder work group to support an efficient and comprehensive streamlining of current federal and state sexual/domestic violence victim service agency funding. Staff will meet with all involved stakeholders, hold three work group meetings, survey local program directors, review relevant federal and state laws, other states’ practices and funding streams, and develop recommendations to streamline grant funding for federal and state victim services. |
Illegal Cigarette Trafficking SJ 21
Staff was requested at the 2013 December meeting to continue its review of illegal cigarette trafficking. Staff plans to provide assistance with training for law enforcement, prosecutors, and the judiciary during 2014. Commission members also requested that staff review and develop a churning policy for Virginia. Staff will determine the extent of the problem that still exists in Virginia, identify vulnerabilities and make recommendations. |
DNA Notification Project SB 1391 (2009)
As a result of the passage of budget language during the 2008 Session and SB 1391 during the 2009 Session of the General Assembly, the Forensic Science Board was directed to ensure that all individuals, convicted in the 1970's and 1980’s, whose case files at the Department of Forensic Science (DFS) contain biological evidence, be notified that such evidence exists and may be suitable for DNA testing. The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. |
2013 Studies |
| The Crime Commission was referred a number of studies during the 2013 Session of the General Assembly. Additionally, the Commission plans to continue its study on Illegal Cigarette Trafficking, as well as continue to participate in the ongoing DNA Notification Project. |
Child Sexual Abuse and Sexual Conduct between Teachers and Students HJ 595
The Crime Commission was directed by the General Assembly to study the laws and policies governing the investigation of alleged child sexual abuse in the Commonwealth, and the feasibility of creating a criminal penalty for sexual conduct between secondary school teachers and adult students. Staff plans to review other states’ laws on these issues, collect data and meet with various representatives from around the state to determine what changes should be made to the current procedures. A work group will be held to review the child sexual abuse portion of this study. |
Child Prostitution and Expungement of Forced Prostitution Convictions SB 1273, HB 1541 and HB 1991
The Crime Commission was requested to review the expungement of charges in cases involving forced prostitution, as well as the disposition of minors engaged in forced prostitution. Staff will review current statutes for possible changes and review any academic literature and studies on the topic including any unintended consequences. Staff plans to meet with involved organizations to seek their input on the issue. |
Joint Motion for Writ of Actual Innocence HB 1919
The Crime Commission was requested to review joint motions for writs of actual innocence. Staff will review current statutes for changes. |
Prior Sex Offenses SB 1114 / HB 1766
The Crime Commission was requested to review the possibility of allowing prior sex offense convictions into evidence in later sex offense cases. Staff will review current statutes for changes and review other states’ laws, as well as federal law. |
Illegal Cigarette Trafficking SJ 21 (2012)
Staff was requested at the 2012 December meeting to continue its review of illegal cigarette trafficking from last year’s study. Specific attention will be devoted to reviewing ATF’s churning policy, as well as a general update on the status of the problem and usage of recently enacted laws. |
DNA Notification Project SB 1391 (2009)
As a result of the passage of budget language during the 2008 Session and SB 1391 during the 2009 Session of the General Assembly, the Forensic Science Board was directed to ensure that all individuals, convicted in the 1980’s, whose case files at the Department of Forensic Science (DFS) contain biological evidence, be notified that such evidence exists and may be suitable for DNA testing. The Crime Commission has been requested by the Board to review the DFS database and oversee pro bono attorney volunteers who are contacting these individuals. The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. |
2012 Studies |
| The Crime Commission was referred a number of studies during the 2012 Session of the General Assembly, in addition to the ongoing DNA Notification Project: |
Illegal Cigarette Trafficking SJ 21
The Crime Commission was directed by the General Assembly to study why illegal cigarette trafficking occurs, financial impacts, prevalence and availability, methods used to counterfeit cigarettes and tax stamps, uses of technology to prevent, health implications of non-regulated cigarettes, and statutory options. Staff will review recent legislation, Virginia’s statutes and collect data to analyze the scope of the problem. Staff will also meet with various representatives, including federal, state and local government entities, law enforcement, manufacturers, wholesalers, retailers and other various organizations and agencies. |
Collection of Forensic Evidence SB 205
The Crime Commission was requested to review the collection of forensic evidence in sexual assault cases where the alleged victim may not be able to give consent. Staff plans to conduct a review of surrounding states’ laws on these issues, collect data and meet with various representatives from around the state to determine what changes should be made to the current procedures. |
Reorganizing and Recodifying Concealed Weapons Law HB 923
The Crime Commission was requested to review new legislation that would reorganize the concealed weapons statute. Staff will review current statutes for changes and, if found, compile a list of additional statutes that will need to be amended if the concealed statute is reorganized. |
Review of Criminal Justice Training Academies
The Department of Criminal Justice Services requested the Crime Commission to conduct a review of criminal justice law enforcement regional and local training academies. Staff plans to review other states’ laws concerning how law enforcement academies are created and managed to determine whether the current regional academy model is best for Virginia. Staff plans to meet with involved entities and survey Virginia academies for more detailed information. |
Review of Financial Exploitation of Incapacitated Adults
Delegate Robert Bell requested staff to conduct a review of financial exploitation of incapacitated adults. Staff plans to review other states' laws, including any unintended consequences of creating such laws, to determine whether Virginia should pass additional criminal statutes in this area. Staff plans to meet with involved organizations to seek their input on the issue. |
Texting While Driving
The Crime Commission was requested to review the specific issue of texting while driving as it relates to reckless driving.This is as a result of a case that occured in Fairfax County. |
DNA Notification Project SB 1391 (2009)
As a result of the passage of budget language during the 2008 Session and SB 1391 during the 2009 Session of the General Assembly, the Forensic Science Board was directed to ensure that all individuals, convicted in the 1980’s, whose case files at the Department of Forensic Science (DFS) contain biological evidence, be notified that such evidence exists and may be suitable for DNA testing. The Crime Commission has been requested by the Board to review the DFS database and oversee pro bono attorney volunteers who are contacting the individuals. The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. |
2011 Studies |
| The Crime Commission was referred a number of studies from the General Assembly during the 2011 Session, unless otherwise noted, as follows: |
Animal Abuser Registry HB 1930
Staff plans to review the feasibility of implementing an animal abuser registry in Virginia. |
Barrier Crimes
The Commission on Youth requested staff to assess barriers to kinship care placements in Virginia and develop recommendations to address policy, training, and funding challenges which may impede the utilization of kinship care, as well as a review of Virginia’s statutes. |
Campus Police/ Report of Certain Incidents HB 2490
Staff plans to review issues regarding the requirement of a chief law-enforcement officer of a public or private institution of higher education to report the death or an alleged rape of any person on campus property to the local law-enforcement agency of the locality in which the institution is located. |
Cyberbullying
Delegate Robert Bell requested staff to examine certain aspects of cyberbulling and impersonating individuals on social media websites. |
Disposition of Unrestorably Incompetent Defendants HJ 626
Staff plans to study the options available for the disposition of criminal defendants who are determined to be incompetent to stand trail and cannot be restored to competency. |
DNA Notification Project SB 1391 (2009)
The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. |
Domestic Abuser Registry HB 1932
Staff plans to review the feasibility of implementing a domestic abuser registry in Virginia. |
Inherent Authority to Defer and Dismiss a Criminal Case HB 2513
Staff will review the Supreme Court of Virginia’s ruling in Hernandez v. Virginia and current statues pertaining to deferred disposition. |
Juvenile Records
The Commission on Youth requested staff to review existing juvenile record requirements and establish guidelines for the protection of and purging of juvenile records after the juvenile’s adjudication date. |
Medical Fraud Control Unit - Appointment of Investigators HB 2454
Staff plans to review other states’ laws concerning law enforcement officers that are sworn in as investigators for Medical Fraud Control Units in the Attorney General’s Office. |
Reckless Driving/Speeding HB 1993 and HB 2322
Staff plans to conduct a review of surrounding states’ laws on these issues. |
Reporting Missing Children
In response to the verdict in Casey Anthony’s trial, there has been enormous public outrage over reporting a missing child. Many states are considering legislation that would make it a crime to fail to report a child missing. Staff plans to review any required statutory changes to address the reporting of missing children in Virginia. |
Sex Offender Registry SJ 348
Staff was directed to study the federal requirements regarding Virginia’s sex offender registry, examine its effectiveness in preventing sexual victimization, and determine the feasibility of implementing a tiered system. |
Synthetic Marijuana
Last year the General Assembly passed legislation that made it illegal to possess, distribute, possess with the intent to distribute, or manufacture several synthetic cannabinoid chemicals. The Commission plans to hear an update regarding the prevalence of these chemicals, as well as other chemicals identified by the Lab that are starting to be abused in Virginia. |
Unlawful Solicitation of a Child by an Adult HB 2396
Staff plans to review current Virginia statutes and other states’ laws regarding an adult’s unlawful solicitation of a child. |
2010 Studies |
| The Crime Commission was referred a number of studies from the General Assembly during the 2010 Session, unless otherwise noted, as follows: |
DNA Notification Project SB 1391 (2009)
The Executive Director serves as the Chair of the DNA Notification Subcommittee of the Forensic Science Board that is in charge of overseeing that this project is completed. |
Indecent Liberties/Prostitution HJ 97
Staff was directed to study the penalties for taking indecent liberties with children and prostitution-related offenses involving children. |
Juvenile Transfer and Certification SB 205, SB 389, HJ 136 (2006), HJ 113 (2008)
This is an ongoing study from 2006 that was recently continued at the Crime Commission's December 2009 meeting with a request that staff focus its research on transfer and certification. |
Law Enforcement Emergency Response SB 847 (2009)
This study began in 2009, but was deferred until 2010 due to an ongoing civil suit, which has now been settled. As a result of recent incidents around the state, the Crime Commission's Executive Committee decided to extend the study's purview to include police pursuits as part of this study. A Law Enforcement Work Group was created to assist staff in examining these issues. |
Law Enforcement Officers Procedural Guarantee Act SB 287
This issue was studied by the Crime Commission over 10 years ago. Staff will be updating and reviewing this issue for any changes. |
Police Lineups HB 207
A Law Enforcement Work Group was created to assist staff in examining this issue. |
Protective Orders SB 208, HB 164, HB 216, HB 285, HB 453, HB 656, HB 1156
This study is comprised of seven bill referrals. A Protective Order Work Group was created to assist staff in examining these issues. |