HB 13 Availability of presentence reports to counsel for convicted person. Robert G. Marshall Clarifies that counsel representing a person who has been convicted of a crime for which a presentence report was prepared by a probation officer may be provided a copy of the report, including worksheets, without a court order, when the convicted person is pursuing a post-conviction remedy.
01/13/10 House: Assigned Courts sub: Criminal,
01/18/10 House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
01/22/10 House: Reported from Courts of Justice with amendments (22-Y 0-N),
01/28/10 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N),
01/29/10 Senate: Referred to Committee for Courts of Justice,
03/03/10 Senate: Passed Senate (40-Y 0-N)

Oppose HB 23 Children; prohibited photography, penalty. Joseph P. Johnson, Jr.. Provides that any person previously convicted of a "crime prohibiting proximity to children" who takes a photograph of a child of another at a prohibited location ((i) a primary, secondary, or high school, (ii) any place owned or operated by a locality that the person knows or should know is a playground, athletic field or facility, or gymnasium, (iii) any place the person knows or has reason to know is a child day program as defined in § 63.2-100, or (iv) a public park that is owned and operated by a county, city or town) or without the express permission of the parent or guardian of the child, when the child is the only individual or primary individual depicted in the photograph, is guilty of a Class 6 felony.
12/17/09 House: Referred to Committee for Courts of Justice
02/16/10 House: Left in Courts of Justice

HB 102 Petit larceny; allows court to defer and dismiss first-offense charge. G. Manoli Loupassi Allows a court to defer and dismiss a first-offense petit larceny charge, provided the accused meets terms and conditions of probation, including payment of a loss-prevention fee of $100 to $500 to the owner of the property, in addition to any restitution ordered.:
01/05/10 House: Referred to Committee for Courts of Justice,
01/13/10 House: Assigned Courts sub: Criminal,
02/16/10 House: Left in Courts of Justice

HB 107 Adult students; notifying schools when charged with certain crimes, etc. Mark L. Cole | . Clarifies that notification is to be given to the superintendents of school divisions when students who are 18 years of age or older are charged with certain crimes and are subject to the jurisdiction of the juvenile and domestic relations district court. The bill makes a similar change for providing notification when such students are committed to a Department of Juvenile Justice facility.
01/05/10 House: Referred to Committee for Courts of Justice
01/18/10 House: Subcommittee recommends reporting (9-Y 0-N)
01/22/10 House: Reported from Courts of Justice (22-Y 0-N),
01/28/10 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N),
01/29/10 Senate: Referred to Committee for Courts of Justice,
02/24/10 Senate: Reported from Courts of Justice (15-Y 0-N),
03/01/10 Senate: Passed Senate(40-Y 0-N)

HB 151 Assignment to home/electronic incarceration program. John M. O'Bannon, III Provides that home/electronic incarceration is deemed to be a term of confinement for an offender who has been convicted and sentenced to a term of confinement, and that a court can assign home/electronic incarceration without it being a condition of probation. The bill also provides that good conduct credit may be earned by a prisoner assigned to a home/electronic incarceration program
02/16/10 House: Left in Militia, Police and Public Safety

HB 160 Prisoners; mandatory testing for HIV. Rosalyn R. Dance | Requires the Department of Corrections to test all prisoners received by the Department for human immunodeficiency virus and authorizes the Department to test for human immunodeficiency virus as the Department shall deem necessary.
01/05/10 House: Referred to Committee on Militia, Police and Public Safety
02/16/10 House: Left in Militia, Police and Public Safety

SB 162 Capital cases; sentencing proceeding. John S. Edwards |Capital case sentencing forms. Removes from the Code of Virginia the statutory sentencing forms used in capital cases. (gets rid of the mandatory sentencing forms used in capital cases and instead allows judges to notify juries of the proper instructions for a finding of a sentence of death or life imprisonment.)
02/01/10 Senate: Reported from Courts of Justice with amendment (12-Y 0-N)
02/04/10 Senate: Read third time and passed Senate (40-Y 0-N)
02/17/10 House: Assigned Courts sub: #1 Criminal
03/08/10 House: Reported from Courts of Justice (21-Y 0-N)
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

Oppose: HB 166 Capital murder; adds law-enforcement officers, etc., to statute so death sentence can be imposed. Brenda L. Pogge | . Adds auxiliary law-enforcement officers, EMS personnel, and fire marshals and assistant fire marshals with law-enforcement powers to the capital murder statute so that the death sentence can be imposed for their murder.
01/13/10 House: Assigned Courts sub: Criminal
01/15/10 House: Subcommittee recommends reporting with amendment(s) (6-Y 1-N),
01/27/10 House: Reported from Courts of Justice with substitute (19-Y 3-N)
02/03/10 House: VOTE: --- PASSAGE (75-Y 23-N)
02/04/10 Senate: Referred to Committee for Courts of Justice,
03/10/10 Senate: Passed Senate with amendments (28-Y 12-N)

Oppose HB 167 Criminal Street Gangs Act; adds burglary and shooting to list of predicate criminal acts. Brenda L. Pogge | Adds burglary and shooting into an occupied dwelling to the list of predicate criminal acts for which a person committing such act may be convicted under the criminal street gang act
01/06/10 House: Referred to Committee for Courts of Justice
02/16/10 House: Left in Courts of Justice

Oppose HB 172 Offenses prohibiting proximity to children. Brenda L. Pogge | Removes the language "when the offense occurred on or after July 1, 2000" from the language of the statute prohibiting proximity to children that specifically prohibits loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school.
01/13/10 House: Assigned Courts sub: Criminal,
02/16/10 House: Left in Courts of Justice

Oppose HB 175 Barrier crimes; limits assault-related crimes to felony assault crimes only. Joseph D. Morrissey | Limits assault-related barrier crimes in Title 63.2 to felony assault crimes only. Currently, misdemeanor assaults are barriers to employment in certain areas.
01/07/10 House: Referred to Committee for Courts of Justice
01/20/10 House: Subcommittee recommends passing by indefinitely by voice vote
02/16/10 House: Left in Courts of Justice

HB 180 Marijuana; loss of driving privilege if convicted for possession in a motor vehicle. Joseph D. Morrissey | Provides that the sanction of loss of driving privilege for simple possession of marijuana shall apply only when the person convicted or given deferred disposition possesses marijuana in a motor vehicle. Currently, a person loses his driving privilege for six months without respect to where the possession took place.
01/13/10 House: Assigned Courts sub: Criminal
01/20/10 House: Subcommittee recommends striking from docket by voice vote
01/22/10 House: Stricken from docket by Courts of Justice by voice vote

HB 182 Incarcerated defendant; waiver of payment of interest on fines and costs accrued. Joseph D. Morrissey | . Provides for the purging of interest on fines and costs for an incarcerated defendant when such fines and costs have accrued on cases other than the one for which the defendant is incarcerated. Current law provides for the interest waiver only for the case for which the defendant is incarcerated.
01/07/10 House: Referred to Committee for Courts of Justice
01/18/10 House: Subcommittee failed to recommend reporting (3-Y 3-N)

HB 183 Expungement of criminal record; allows a person to have his conviction expunged after 10 years.Joseph D. Morrissey Allows a person convicted of a criminal offense to have his conviction expunged after 10 years have passed following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence
01/07/10 House: Referred to Committee for Courts of Justice
01/20/10 House: Subcommittee recommends passing by indefinitely by voice vote

HB 184 Petition to vacate finding of guilt of convicted person; upon discovery of new evidence. Joseph D. Morrissey | Provides that notwithstanding any rule of court or any other provision of law, any person convicted of a crime may, upon the discovery of previously unknown or unavailable evidence, petition jointly with the attorney for the Commonwealth in the district court or circuit court in which he was convicted to vacate the judgment of guilt. Upon such petition, the court shall conduct an evidentiary hearing and, upon clear and convincing proof of all of the allegations in the petition and upon finding that no rational trier of fact could have found proof of guilt beyond a reasonable doubt, vacate the judgment of guilt and order the person's record expunged. Or, if the petition fails to state a claim, or if the assertions of previously unknown or unavailable evidence, even if true, would fail to qualify for relief, the court may dismiss the petition summarily, without a hearing.
01/07/10 House: Referred to Committee for Courts of Justice
01/18/10 House: Subcommittee failed to recommend reporting (4-Y 5-N)

HB 203 Writ of actual innocence; available after parole or pardon. Kenneth C. Alexander | Emphasizes that the Supreme Court and the Court of Appeals have the authority to issue writs of actual innocence for persons who are not currently incarcerated because they have been released on parole or probation, granted a pardon, or otherwise released. The bill also provides that the statutory guidelines employed by the General Assembly for determining compensation of persons who have been wrongfully incarcerated also apply to a person granted a writ of actual innocence based on nonbiological evidence and a person who has been granted an absolute pardon for the commission of a crime that he did not commit.
01/08/10 House: Referred to Committee for Courts of Justice
01/18/10 House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N),
01/28/10 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N),
01/29/10 Senate: Referred to Committee for Courts of Justice,
02/24/10 Senate: Assigned Courts sub: Civil,
03/10/10 Senate: Passed Senate (40-Y 0-N)

HB 207 Police lineups; establishes a uniform procedure to be used by all law-enforcement agencies. Kenneth C. Alexander . Establishes a uniform procedure to be used in all lineups by all law-enforcement agencies intended to ensure maximum accuracy of the procedure. The bill requires that the person who administers the lineup be a person who is not involved in the investigation of the criminal incident at issue and who does not know the identity of the suspect, that only one photograph or person is displayed to the eyewitness at a time, that all information about the suspect is kept from the eyewitness, that the lineup be recorded by videotape, audiotape or in writing by the administrator, and that the quality of the procedures used is subject to review in court by the finder of fact.
01/08/10 House: Referred to Committee for Courts of Justice
01/13/10 House: Assigned Courts sub: Criminal
02/03/10 House: Continued to 2011 in Courts of Justice by voice vote

HB 226 TANF; eligibility of assistance when convicted of drug-related felonies. Vivian E. Watts | Provides that a person who is otherwise eligible to receive TANF assistance shall not be denied assistance solely because he has been convicted of a felony offense of possession of a controlled substance provided he complies with all obligations imposed by the court, has completed substance abuse treatment, and participates in drug screenings.
01/11/10 House: Referred to Committee on Health, Welfare and Institutions
01/18/10 House: Assigned HWI sub: #2
01/21/10 House: Continued to 2011 in Health, Welfare and Institutions by voice vote

Oppose HB 227 Sex offenders; prohibiting entry onto school property of those that are violent. Vivian E. Watts | . Provides that for every adult who is prohibited from entering upon school or child day center property by reason of his status as a violent sex offender, the court may consider objections to his petition for entry onto school property made by the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the superintendent of public instruction of the school division in which the school is located, or (iii) the chief administrator of the school, all of whom receive notice, under current law, of the petition. The bill also limits such a petition to the circuit court of the locality, whereas under current law the petition may also be made to the district court. The bill also specifically provides for the court to consider the duration of the attendance of the child of an offender at the school or child day center when issuing an order allowing the offender to enter such property.
01/11/10 House: Referred to Committee for Courts of Justice
01/15/10 House: Assigned Courts sub: Criminal
01/22/10 House: Reported from Courts of Justice with amendment (22-Y 0-N),
02/03/10 House: VOTE: PASSAGE (98-Y 0-N)
02/19/10 Senate: Assigned Courts sub: Criminal
03/03/10 Senate: Reported from Courts of Justice with substitute (13-Y 0-N), ,
03/08/10 Senate: Passed Senate with substitute (40-Y 0-N),
03/10/10 House: VOTE: --- ADOPTION (97-Y 0-N)

Oppose HB 243 Accessories after the fact; increased to Class 6 felony for person guilty in capital murder case. William R. Janis | . Increases from a Class 1 misdemeanor to a Class 6 felony the punishment for a person who is guilty of being an accessory after the fact in the case of capital murder.1/22/10 House: Stricken from docket by Courts of Justice by voice vote

Oppose HB 244 Possession of contraband by a prisoner; guilty of Class 1 misdemeanor. William R. Janis | Provides that any prisoner who willfully in any manner brings into the facility in which he is confined, or attempts to bring into the facility, any article of any nature whatsoever, without first securing the permission of the person in whose charge such prisoner is, and who may in his discretion grant or refuse permission is guilty of a Class 1 misdemeanor. Currently, the delivery of such an article by another to a prisoner is prohibited. The bill also raises the penalty for possession or use of certain contraband items by a prisoner in a correctional facility from a Class 6 to a Class 3 felony:
01/11/10 House: Referred to Committee for Courts of Justice
02/16/10 House: Left in Courts of Justice

Oppose HB 254 Juvenile records; allows Department of Juvenile Justice to share information with law enforcement. Paula J. Miller | . Allows the Department of Juvenile Justice to share with law enforcement the information of a juvenile, without request, if it would aid in a criminal investigation involving a predicate criminal act or a criminal street gang. The bill also provides that a local court services unit shall provide information on criminal gang activity to the State Police, a local police department, a sheriff's office, or the locally designated gang coordinator, gang task force, or law-enforcement task force, and that the information shall include identifying information of the juvenile.
01/15/10 House: Assigned Courts sub: Criminal
01/25/10 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N),
02/03/10 House: Incorporated by Courts of Justice (HB 1121-Gilbert) by voice vote

Oppose HB 255 Gang membership reporting; Juvenile Justice to enter names in Organized Criminal Gang File. Paula J. Miller | Requires the Department of Juvenile Justice to enter the person's name and other appropriate gang-related information required by the Department of State Police into the information system known as the Organized Criminal Gang File of the Virginia Criminal Information Network when the Department of Juvenile Justice determines that the person is a member of a gang
01/19/10 House: Assigned MPPS sub: #3
01/29/10 House: Referred from Militia, Police and Public Safety by voice vote
01/29/10 House: Referred to Committee for Courts of Justice
02/03/10 House: Incorporated by Courts of Justice (HB 254-Miller, P.J.) by voice vote (See HB 1121

HB 483 Juvenile correctional centers; appointment of counsel to assist confined individuals. Mamye E. BaCote . Provides for the appointment of an attorney to assist individuals confined in a juvenile correctional center regarding any legal matter relating to their incarceration.
01/15/10 House: Assigned Courts sub: Criminal,
02/01/10 House: Subcommittee recommends continuing to 2011 by voice vote ) 2/03/10 House: Continued to 2011 in Courts of Justice by voice vote

HB 500 Preliminary hearing; admissibility of certificates of analysis at hearing and trial. C. Todd Gilbert. Provides that at any preliminary hearing, certificates of analysis and reports prepared by lab analysts, etc., shall be admissible without the testimony of the person preparing such certificate or report. The bill also provides that when such an analyst appears in court on the day of trial to testify, the certificate of analysis shall be admissible (over procedural objection) The bill also provides that if the defendant demands the testimony of an analyst, and is convicted, he shall pay $50 in travel costs as court costs.
02/10/10 House: Reported from Courts of Justice with substitute (21-Y 0-N)
02/16/10 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/25/10 Senate: Assigned Courts sub: Criminal
03/08/10 Senate: Reported from Courts of Justice with substitute (10-Y 4-N)
03/10/10 Senate: Passed Senate with substitute (35-Y 5-N)

Oppose HB 502 Triggerman rule; redefinition thereof. C. Todd Gilbert Redefines the "triggerman rule," which currently 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 be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. |
01/15/10 House: Assigned Courts sub: Criminal
01/18/10 House: Subcommittee recommends reporting (9-Y 0-N)
02/03/10 House: VOTE: PASSAGE (74-Y 24-N)
02/04/10 Senate: Referred to Committee for Courts of Justice, (
03/08/10 Senate: Passed by indefinitely in Courts of Justice (9-Y 6-N)

HB 685 Child pornography; solicitation, possession, or production thereof by a minor; penalty.Jackson H. Miller | Provides that a minor who, upon the facts, could be found guilty of a first offense of possession, production, publication or solicitation of child pornography, may have his case deferred and dismissed by the court. The offense is separate and distinct; if the acts or activities violating this law also violate another provision of law, a prosecution under this law shall not prohibit or bar any prosecution or proceeding under such other provision. The penalty for violation is a Class 3 misdemeanor.,
01/21/10 House: Assigned CC & T sub: #2 ,
02/10/10 House: Subcommittee recommends continuing to 2011 by voice vote
02/12/10 House: Continued to 2011 in Courts of Justice by voice vote

HB 793 Criminal confessions; inadmissible unless videotaped. Joseph D. Morrissey | Provides that no confession of a criminal defendant to the commission of any the following criminal offenses shall be admissible in a court of law unless the confession is recorded on videotape and is otherwise admissible: (i) forcible rape of an adult in violation of § 18.2-61; (ii) forcible sodomy of an adult in violation of § 18.2-67.1; (iii) forcible object sexual penetration of an adult in violation of § 18.2-67.2; (iv) robbery in violation of § 18.2-58 or carjacking in violation of § 18.2-58.1; or (v) felony kidnapping or abduction in violation of Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2,
01/19/10 House: Assigned Courts sub: Criminal
01/20/10 House: Subcommittee recommends laying on the table by voice vote,
02/16/10 House: Left in Courts of Justice

HB 823 District court; expungement of police and court records. Scott A. Surovell | . Provides that if a person is charged with the commission of a misdemeanor criminal offense and is acquitted, or the charge is dismissed with prejudice, he may immediately, upon the acquittal or dismissal, orally request expungement of the police and court records relating to the charge. The person shall be assessed $100 in costs. The court shall order the expungement, or deny it, on the same grounds as apply in a circuit court.
01/19/10 House: Assigned Courts sub: Criminal,
01/25/10 House: Subcommittee recommends laying on the table by voice vote,
02/16/10 House:

HB 824 Melendez-Diaz notice; 6th Amendment rights to be given to an accused who is proceeding pro se. Scott A. Surovell | Provides that notice of "Melendez-Diaz" 6th Amendment rights to be given to an accused who is proceeding pro se shall be given to the accused only after he has waived his right to counsel in a court of law.
01/13/10 House: Referred to Committee for Courts of Justice
01/19/10 House: Assigned Courts sub: #5 Constitutional Law,
02/10/10 House: Subcommittee recommends laying on the table by voice vote,

HB 827 Electronic recording of court proceedings; circuit & district court clerks have system in courtroom. Scott A. Surovell |. Authorizes the circuit and district court clerks to set up an electronic recording system in their courtrooms.
01/13/10 House: Referred to Committee for Courts of Justice
01/19/10 House: Assigned Courts sub: Civil
01/27/10 House: Subcommittee recommends passing by indefinitely by voice vote,

HB 828 Grand larceny; threshold amount . Scott A. Surovell | .Increases from $200 to $750 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny. The same threshold is increased for certain property crimes.
01/13/10 House: Referred to Committee for Courts of Justice
01/19/10 House: Assigned Courts sub: Criminal
01/25/10 House: Subcommittee recommends passing by indefinitely (5-Y 2-N),

HB 838 Correctional facilities, local; use of state funds for local alternative incarceration programs. Betsy B. Carr | Allows the use of state funds appropriated for financial assistance for the confinement of persons in local facilities for local alternative incarceration programs. D
01/13/10 House: Referred to Committee on Militia, Police and Public Safety,
01/28/10 House: Assigned MPPS sub: #3
02/08/10 House: Subcommittee recommends reporting (5-Y 0-N),
02/09/10 House: Reported from Militia, Police and Public Safety (16-Y 6-N)
02/09/10 House: Referred to Committee on Appropriations
02/10/10 House: Subcommittee recommends no action by voice vote

HB 873 Juvenile correctional facilities; nonviolent offenders. Benjamin L. Cline Requires the Department of Juvenile Justice to maintain at least one juvenile facility for nonviolent juvenile offenders.
01/13/10 House: Referred to Committee on Militia, Police and Public Safety,
02/16/10 House: Left in Militia, Police and Public Safety

HB 878 Community-based probation services agency, local; supervise offenders referred from drug courts. Mamye E. BaCote . Allows local probation programs to supervise offenders referred from drug courts.
01/13/10 House: Referred to Committee for Courts of Justice
01/20/10 House: Subcommittee recommends reporting (3-Y 0-N),
01/25/10 House: Subcommittee recommends laying on the table (5-Y 3-N),
02/16/10 House: Left in Courts of Justice

Oppose HB 911 Transfers of juveniles to circuit court; ancillary charges. Robert B. Bell | . Clarifies that if a case against a juvenile 14 years of age or older for an offense that would be a felony if committed by an adult is transferred from the juvenile and domestic relations district court to the circuit court, all ancillary charges to that offense, even though they may not be felonies, are likewise transferred.
01/13/10 House: Referred to Committee for Courts of Justice
01/19/10 House: Assigned Courts sub: Criminal
02/01/10 House: Subcommittee recommends reporting (5-Y 2-N),
02/10/10 House: VOTE: --- PASSAGE (73-Y 25-N),
02/11/10 Senate: Referred to Committee for Courts of Justice,
02/24/10 Senate: Failed to report (defeated) in Courts of Justice (5-Y 10-N)

Oppose HB 912 Definition of residence for the purposes of the sex offender registry. Robert B. Bell | . Provides that "residence" means, for any sex offender who declares himself homeless and has no permanent physical address, any single location described by him, which can be located with reasonable specificity, where he routinely spends the night.
01/13/10 House: Referred to Committee on Militia, Police and Public Safety,
01/21/10 House: Assigned MPPS sub: #2,
01/28/10 House: Subcommittee recommends reporting with amendment(s) (4-Y 0-N),
01/29/10 House: Reported from Militia, Police and Public Safety with substitute (22-Y 0-N)
01/28/10 House: Subcommittee recommends referring to Committee for Courts of Justice,
01/29/10 House: Assigned Courts sub: #1 Criminal
02/10/10 House: Reported from Courts of Justice (22-Y 0-N),
02/16/10 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/25/10 Senate: Assigned Courts sub: Criminal,
03/10/10 Senate: Passed Senate with amendment (40-Y 0-N)

HB 913 Victims of crime; may visit perpetrator in prison facility. Robert B. Bell | . Provides that a person who was the victim, or is the family member of a victim, of a crime committed by a prisoner incarcerated in any state correctional facility, may go into the interior of the facility to visit the prisoner, subject to the agreement of the prisoner and subject to reasonable time, place, and safety restrictions. The warden shall facilitate the visit
01/13/10 House: Referred to Committee on Militia, Police and Public Safety,
01/21/10 House: Assigned MPPS sub: #2,
02/09/10 House: Reported from Militia, Police and Public Safety with substitute (22-Y 0-N),
02/12/10 House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N),
02/15/10 Senate: Referred to Committee on Rehabilitation and Social Services
03/05/10 Senate: Reported from Rehabilitation and Social Services (12-Y 0-N)
03/09/10 Senate: Passed Senate (39-Y 0-N)

Oppose HB 919 Sex offender; prohibits proximity to children's museums. Robert B. Bell | . Provides that every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2010, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any children's museum. Virginia children's museums are named in the bill.
01/13/10 House: Referred to Committee for Courts of Justice
02/16/10 House: Left in Courts of Justice

HB 927 Immediate sanction probation program; established. Robert B. Bell | a defendant who was not convicted of a violent crime may be ordered to participate in an immediate sanction probation program. An offender arrested for a violation of the conditions of his probation would receive an expedited hearing before the court. An affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony…Such an offender would serve no more than 30 days in jail for a probation offense. 3/22/10 passed House and Senate , May11, 2010 Signed by Governor

Oppose HB 934 Capital murder; auxiliary law-enforcement officers; penalty. Robert B. Bell. Adds auxiliary police officers and auxiliary deputy sheriffs to the capital murder statute so that the death sentence can be imposed for their murder.
01/13/10 House: Referred to Committee for Courts of Justice,
01/19/10 House: Assigned Courts sub: Criminal,
01/27/10 House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N),
02/10/10 House: VOTE: --- PASSAGE (78-Y 20-N),
02/11/10 Senate: Referred to Committee for Courts of Justice,
03/08/10 Senate: Reported from Courts of Justice (9-Y 6-N),
03/10/10 Senate: Passed Senate (26-Y 14-N)

HB 938 Child pornography; penalty for possession or reproduction thereof by a minor. William R. Janis | . Provides that a minor who, upon the facts, could be found guilty of a first offense of possession or reproduction of child pornography, may have his case deferred and dismissed by the court, upon conditions including limitation of access to the Internet, computers, and electronic communication devices.
01/13/10 House: Referred to Committee for Courts of Justice,
01/19/10 House: Assigned Courts sub: Criminal
01/20/10 House: Subcommittee recommends striking from docket by voice vote
01/22/10 House: Stricken from docket by Courts of Justice by voice vote

Oppose HB 1004 Sex offender; prohibits residing in proximity to children. Clifford Athey Jr.. Prohibits an adult who is convicted of an offense requiring registration where the victim was a minor from residing within 500 feet of the premises of a child day center, or a public, private, parochial, or Christian primary, secondary, or high school. A violation is a Class 6 felony; however, this section does not apply where the facility is established
01/13/10 House: Referred to Committee for Courts of Justice,
02/13/10 Left in Committee for Courts of Justice

Oppose HB 1009 Plea of guilty on first-offense drug possession case; no appeal. Clifford L. Athey, Jr.. Provides that any person who, upon a plea of guilty, is placed on probation pursuant to a deferral and dismissal arrangement in a first-offense drug possession case, who then violates a term or condition of his probation, and is thereafter adjudicated guilty, shall have no right of appeal and trial de novo on the original criminal charge
01/13/10 House: Referred to Committee for Courts of Justice,
02/01/10 House: Subcommittee recommends continuing to 2011 by voice vote,

Oppose HB 1120 Offenses for which a juvenile is subject to transfer and trial as an adult. C. Todd Gilbert | . Provides that a juvenile age 14 or older shall, without more, be subject to a preliminary hearing in juvenile court, and transfer to a circuit court for trial as an adult if he is charged with any offense defined an act of violence in § 19.2-297.1, and has been previously adjudicated delinquent for such an offense. The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties when a juvenile 14 years of age or older is charged with gang participation in violation of § 18.2-46.2.The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties whenever a juvenile 14 years of age or older is charged with manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance in violation of § 18.2-248, manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine in violation of § 18.2-248.03, felonious selling, giving, distributing or possessing with intent to distribute marijuana in violation of § 18.2-248.1, possessing with intent to manufacture, sell, give, or distribute anabolic steroids in violation of § 18.2-248.5, if the juvenile has been previously adjudicated delinquent of any such offense.
01/13/10 House: Referred to Committee for Courts of Justice,
02/13/10 Left in Committee for Courts of Justice

Oppose HB 1121 Juvenile records; gang information; exceptions to confidentiality. C. Todd Gilbert | . Places an affirmative duty on the Department of Juvenile Justice to provide information to law-enforcement that may aid in initiating or furthering an investigation of a criminal street gang. The bill also requires, rather than allows, the Department or locally operated court services unit to release to law enforcement information on a juvenile's criminal street gang involvement and the criminal street gang-related activity of others and to include the identity of or identifying information of the juvenile. Locally designated gang coordinators and task forces are added as authorized recipients of such information,
01/19/10 House: Assigned Courts sub: Criminal,
02/01/10 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N),
02/03/10 House: Reported from Courts of Justice with substitute (21-Y 1-N),,
02/12/10 House: VOTE: --- PASSAGE (95-Y 0-N)
02/24/10 Senate: Assigned Courts sub: Criminal,
03/01/10 Senate: Assigned Courts sub: Special,
03/08/10 Senate: Reported from Courts of Justice with substitute (15-Y 0-N),
03/10/10 Senate: Passed Senate with substitute (40-Y 0-N)

HB 1123 Second Chance Act. Mark L. Keam | . Directs the Secretaries of Public Safety and Health and Human Resources to study and make recommendations related to implementation of the Second Chance Act
01/13/10 House: Referred to Committee on Militia, Police and Public Safety,
01/21/10 House: Assigned MPPS sub: #2,
02/04/10 House: Subcommittee recommends continuing to 2011 by voice vote

HB 1134 Decriminalization of possession of marijuana. Harvey B. Morgan . Decriminalizes simple marijuana possession. The bill does not make marijuana possession legal but creates a civil penalty of $500 for simple possession of marijuana, a penalty equal to the current criminal fine for simple marijuana possession. The bill also raises the quantities necessary for punishment of possession with intent to distribute so as not to punish amounts that may be possessed for personal use. The bill creates a rebuttable presumption that a person who grows no more than five marijuana plants grows marijuana for personal use and not for distribution, an offense punishable by the $500 civil penalty. The civil penalties collected are payable to the Literary Fund. The bill removes the two-year mandatory sentence for distribution of less than one ounce of marijuana and the five-year mandatory minimum sentence for distribution of more than one ounce of marijuana. The bill requires forfeiture of the driver's license of any minor found to have committed the violation of possession of marijuana. The bill reduces the penalty for possession of marijuana by a prisoner from a Class 5 felony to a Class 6 felony, the same punishment as is currently imposed for possession of a firearm or a knife by a prisoner or for setting off an explosive device in a prison.
01/13/10 House:
01/13/10 House: Referred to Committee for Courts of Justice,
01/19/10 House: Assigned Courts sub: Criminal,
01/27/10 House: Subcommittee recommends laying on the table by voice vote,
02/16/10 House: Left in Courts of Justice

Oppose HB 1198 Sex offenders; registration requirements; collateral proof of conditions requiring registration. Sal R. Iaquinto | Redefines "offense for which registration is required" in Title 9.1 to include an offense under another jurisdiction for which registration is required "regardless of whether adjudication was withheld." The bill also provides that offenses for which a condition of registration is that the offense was committed against a minor, a physically helpless person or a mentally incapacitated person, the additional condition need not be alleged and proven at trial but may be adjudicated in a separate proceeding. The bill also provides that the residency of those offenders under the supervision of the Department of Corrections or Community Supervision pursuant to § 37.2-919 (persons committed to the Department of Behavioral Health and Developmental Services whether on conditional release or in involuntary secure inpatient treatment) shall be verified by the State Police. The bill also provides that the Department shall give notice to a sex offender committed to the Department of Behavioral Health and Developmental Services, prior to his release, of his requirement to register with the State Police as a sex offender; and that the Department shall give notice to the State Police within 12 hours if such an offender escapes from custody. The bill also provides that if a sex offender escapes from a jail, the jailer shall notify the State Police within 12 hours of the escape.
01/13/01/13/10 House: Referred to Committee for Courts of Justice,,
02/12/10 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
02/12/10 House: Reported from Courts of Justice with substitute (21-Y 0-N)
02/16/10 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N),
02/17/10 Senate: Referred to Committee for Courts of Justice,
03/08/10 Senate: Reported from Courts of Justice with substitute (14-Y 0-N),
03/10/10 Senate: Passed Senate with substitute (40-Y 0-N)

HB 1316 Corrections; residential community programs. Mamye E. BaCote | . Directs the Department of Corrections, where appropriate and when resources are available, to give nonviolent prisoners who have not been convicted of specific offenses or sentenced to one or more life terms the opportunity to participate in a residential community program, work release, or a community-based program. Current law requires that the prisoner not be convicted of any violent crime and be sentenced to at least three years. The bill allows for up to 30 percent of the prisoner's gross earnings to be withheld to offset the cost of the prisoner's keep. The Secretary of Public Safety is required to prescribe guidelines for the program that emphasize training and education related to job skills, literacy, money management, and other life skills.
01/28/10 House: Assigned MPPS sub: #2,
02/09/10 House: Continued to 2011 in Militia, Police and Public Safety by voice vote

HB 1328 Written notice to sex offenders of applicable laws. Brenda Pogge Requires that a copy of all laws applicable to the requirements placed upon persons required to register or reregister with the Sex Offender and Crimes Against Minors Registry be provided to such persons once per year upon registration or upon reregistration. The Attorney General is responsible for approving the list of laws to be provided, and such list shall be printed from the Department of State Police website and given directly to the person along with his receipt of registry.
01/22/10 House: Referred to Committee on Militia, Police and Public Safety
02/13/10 Left in Committee Milita, Police and Public Safety

Oppose HB 1366 Prohibition of entry onto school or day care property. Benjamin L. Cline |. Rewrites language in the code section prohibiting entry onto school property and child day care center property by persons convicted of sexually violent offenses to make it abundantly clear that entry onto day care property is prohibited 24 hours a day.
01/22/10 House: Referred to Committee for Courts of Justice
01/27/10 House: Assigned Courts sub: #1 Criminal .
02/08/10 House: Subcommittee recommends reporting (7-Y 1-N),
02/16/10 House: Left in Courts of Justice

HB 1394 Misdemeanors; appointment of counsel, imposition of penalty of incarceration in certain cases. William H. Cleaveland | Provides that if a criminal charge against an accused is a misdemeanor or in a class of misdemeanors the penalty for which may be incarceration, a penalty of incarceration may be imposed and an attorney appointed by a court in the case of indigence if the prosecuting attorney advises the court that incarceration remains an option in such class of cases, or in the instant case. The bill also provides that if the prosecuting attorney advises the court that he waives the option of the imposition of a sentence of incarceration in such case or class of cases, the court shall try the case without appointing counsel, and in such event no sentence of incarceration shall be imposed.
03/08/10 House: Reported from Appropriations (21-Y 0-N),
03/10/10 House: Passed by for the day,
03/12/10 Senate: Passed by indefinitely in Courts of Justice (8-Y 4-N)

HJ 6 ( A. Howell), HJ 16 (R. Dance), HJ 42 (J. Morrissey), HJ 70 (.O Ware) , HJ 116 ( Carr): Constitutional amendment; restoration of civil rights to persons convicted of felonies, etc. | . Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law.
12/28/09 House: Referred to Committee on Privileges and Elections,
02/16/10 House: Left in Privileges and Elections

HJ 154 Study; costs and benefits of establishing mental health courts; report G. Manoli Loupassi | . Directs the Virginia State Crime Commission to study the costs and benefits associated with establishing mental health courts designed to divert nonviolent offenders with mental illnesses from local jails and state prisons and place them into judicially monitored treatment programs
01/14/10 House: Referred to Committee on Rules,
01/21/10 House: Subcommittee recommends laying on the table by voice vote Senate

Oppose SB 7 Triggerman rule; redefinition thereof. Mark D. Obenshain | Redefines the "triggerman rule," which currently 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 be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing.
12/09/09
12/09/09 Senate: Referred to Committee for Courts of Justice,
02/15/10 Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)

Oppose SB 54 Capital murder; fire and emergency personnel added to capital murder statute. Stephen H. Martin | Adds the following personnel to the capital murder statute so that the death sentence can be imposed for the murder of such a person in the performance of the person's official duties: fire marshals and assistant fire marshals with law-enforcement powers, firefighters, special forest wardens, emergency medical technicians, lifesaving and rescue squad members, arson investigators, volunteer firefighters and lifesaving or rescue squad members if the governing body has adopted a resolution acknowledging the volunteers as employees for the purposes of workers' compensation, and persons certified as emergency medical service providers.
01/04/10 Senate:
01/04/10 Senate: Referred to Committee for Courts of Justice,
02/15/10 Senate: Passed by indefinitely in Courts of Justice (10-Y 5-N)

SB 70 Criminal conviction record; person convicted of certain offenses to petition for expungement. A. Donald McEachin | Allows a person convicted of certain criminal offenses to petition to have his conviction expunged after a five-year period has expired following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence.
01/04/10 Senate
01/04/10 Senate: Referred to Committee for Courts of Justice
01/12/10 Senate: Assigned Courts sub: Criminal,
02/08/10 Senate: Passed by indefinitely in Courts of Justice (13-Y 1-N)

SB 78 Capital murder; jury sentencing of a defendant who has entered a plea of guilty. W. Roscoe Reynolds | Provides for jury sentencing of a defendant who has entered a plea of guilty to capital murder. A defendant who enters a guilty plea may still be sentenced by the judge if all parties agree. This bill is a recommendation of the Virginia Criminal Justice Conference
01/05/10 Senate: Referred to Committee for Courts of Justice
01/13/10 Senate: Stricken at the request of Patron in Courts of Justice (11-Y 0-N)

SB 87 Inmates; court or person having custody to determine if treatment of mental illness is necessary. Janet D. Howell | Repeals provisions dealing with determining (i) a defendant's competency to be sentenced after he has been convicted of a crime and (ii) whether an inmate who is in the custody of a local correctional facility needs to be involuntarily hospitalized for treatment of mental illness, and substantially incorporates these provisions into statutes dealing generally with determinations of a defendant's competency and the hospitalization of inmates in the custody of local correctional facilities. The bill sets forth the procedures that a court or a person having custody of an inmate must follow to determine whether treatment of mental illness is necessary.
01/05/10 Senate: Referred to Committee for Courts of Justice
01/12/10 Senate: Assigned Courts sub: Criminal
01/18/10 Senate: Assigned Courts sub: Mental Health,
02/10/10 Senate: Reported from Courts of Justice with substitute (15-Y 0-N),
02/15/10 Senate: Passed Senate (40-Y 0-N), ,
02/18/10 House: Assigned Courts sub: #3 Mental Health,
03/05/10 House: Subcommittee recommends reporting (6-Y 0-N),
03/08/10 House: Reported from Courts of Justice (21-Y 0-N),
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

SB 125 Larceny; increases threshold amount of goods that determines petit larceny to grand larceny. J. Chapman Petersen Increases from $200 to $210 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny. The same threshold is increased for certain property crimes.
01/06/10 Senate: Prefiled and ordered printed; offered
01/13/10 10100328D
01/06/10 Senate: Referred to Committee for Courts of Justice,
01/18/10 Senate: Failed to report (defeated) in Courts of Justice (5-Y 7-N)

SB 126 Incarcerated defendant; waiver of payment of interest on fines and costs accrued. Henry L. Marsh III | Provides for the purging of interest on fines and costs for an incarcerated defendant when such fines and costs have accrued on cases other than the one for which the defendant is incarcerated. Current law provides for the interest waiver only for the case for which the defendant is incarcerated.
01/07/10 Senate: Referred to Committee for Courts of Justice,
01/12/10 Senate: Assigned Courts sub: Criminal
01/18/10 Senate: Reported from Courts of Justice with amendment (11-Y 1-N),
01/21/10 Senate: Read third time and passed Senate (23-Y 17-N),
02/16/10 House: Assigned Courts sub: #1 Criminal
02/26/10 House: Subcommittee failed to recommend reporting (3-Y 5-N),

Oppose SB 153 Destruction of exhibits. Richard H. Stuart | Relieves the clerk of notifying a defendant of the destruction or donation of certain exhibits used at trial: drugs, weapons, or exhibits deemed contraband. The defendant's attorney still receives notice. Any exhibits which are forfeitable to the state are controlled by other provisions of the Code where innocent owners have an opportunity to retrieve their property.
01/11/10 Senate: Referred to Committee for Courts of Justice
01/12/10 Senate: Assigned Courts sub: Criminal,
02/08/10 Senate: Reported from Courts of Justice with amendment (14-Y 0-N),
02/11/10 Senate: Read third time and passed Senate (40-Y 0-N),
02/17/10 House: Assigned Courts sub: #2 Civil,
03/01/10 House: Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
03/08/10 House: Reported from Courts of Justice with amendment (21-Y 0-N),
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
03/10/10 Senate: House amendment agreed to by Senate (40-Y 0-N)

SB 158 Mental health courts. John S. Edwards | Allows the establishment of mental health courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of the treatment and supervision of individuals with mental illness who have pending criminal charges. Localities intending to establish mental health courts are required to establish advisory committees. The Office of the Executive Secretary of the Supreme Court is required to apply for any federal grants or other funding available to establish mental health courts.
01/11/10 Senate: Referred to Committee for Courts of Justice,
01/18/10 Senate: Assigned Courts sub: Mental Health
02/08/10 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
02/08/10 Senate: Rereferred to Finance,
02/11/10 Senate: Reported from Finance (14-Y 0-N),
02/16/10 Senate: Passed Senate (40-Y 0-N),
02/18/10 House: Assigned Courts sub: #1 Criminal
03/05/10 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N),
03/09/10 House: VOTE: --- PASSAGE (83-Y 11-N),
03/10/10 Senate: House substitute rejected by Senate (2-Y 38-N)
03/11/10 House: House insisted on substitute
03/11/10 House: House requested conference committee
03/11/10 Senate: Senate acceded to request (40-Y 0-N),
03/14/10 Senate: Failed to pass in Senate

SB 162 Capital cases; sentencing proceeding. John S. Edwards |Capital case sentencing forms. Removes from the Code of Virginia the statutory sentencing forms used in capital cases. (gets rid of the mandatory sentencing forms used in capital cases and instead allows judges to notify juries of the proper instructions for a finding of a sentence of death or life imprisonment.)
02/01/10 Senate: Reported from Courts of Justice with amendment (12-Y 0-N)
02/04/10 Senate: Read third time and passed Senate (40-Y 0-N)
02/17/10 House: Assigned Courts sub: #1 Criminal
03/08/10 House: Reported from Courts of Justice (21-Y 0-N)
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

SB 177 Juvenile court docket; family assault. Ryan T. McDougle |. Requires cases of assault and battery against a family or household member to be advanced on the docket and heard within 30 days of arrest or service of a summons or as soon thereafter as practicable.
01/11/10 Senate: Referred to Committee for Courts of Justice
01/18/10 Senate: Reported from Courts of Justice (12-Y 0-N),
01/21/10 Senate: Read third time and passed Senate (39-Y 0-N),
02/16/10 House: Assigned Courts sub: #1 Criminal
02/24/10 House: Subcommittee recommends continuing to 2011 by voice vote
02/26/10 House: Continued to 2011 in Courts of Justice by voice vote

SB 205 Courts not of record; circuit court hearing; termination of juvenile court jurisdiction; objections. John S. Edwards | . Provides in certain violent felony cases for a juvenile's right to appeal to the circuit court, the attorney for the Commonwealth's decision to certify that the juvenile's case be transferred to the circuit court for trial as an adult. If the juvenile appeals the decision to transfer, the circuit court will conduct a hearing on the merits, using factors currently used by the Juvenile and Domestic Relations District Court for transfer decisions.
01/12/10 Senate: Referred to Committee for Courts of Justice
01/14/10 Senate: Assigned Courts sub: Criminal,
01/27/10 Senate: Subject matter referred by letter to Crime Commission pursuant to Senate Rule 20 (L).
01/27/10 Senate: Continued to 2011 in Courts of Justice (14-Y 0-N)

SB 248 Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.John C. Watkins | . Provides that an indigent defendant who has been charged with a capital offense may move in circuit court for the appointment of experts to assist in the preparation of his defense. The presiding judge shall designate another judge in the judicial circuit who may hold an ex parte hearing on such a motion and may order the appointment of an expert. Prior to an ex parte proceeding, communication, or request, a particularized need for confidentiality must be demonstrated in an adversarial proceeding. A motion for an ex parte hearing shall be in writing and filed under seal and any ex parte hearing conducted shall be on the record and kept under seal as part of the record of the case. The court may unseal the record after the trial is concluded for good cause shown.
01/12/10 Senate: Referred to Committee for Courts of Justice
01/14/10 Senate: Assigned Courts sub: Criminal,
01/25/10 Senate: Reported from Courts of Justice (13-Y 1-N),
01/28/10 Senate: Passed Senate (39-Y 1-N),
02/16/10 House: Assigned Courts sub: #1 Criminal,
03/01/10 House: Subcommittee recommends reporting (5-Y 4-N),
03/09/10 House: VOTE: --- AGREE TO (96-Y 0-N),
03/09/10 House: VOTE: --- ADOPTION #2 (94-Y 0-N)

SB 259 Juveniles; detention of these transferred or certified.L. Louise Lucas | . Provides that juveniles whose criminal cases have been transferred to circuit court or certified be placed in juvenile detention centers rather than in adult correctional facilities. If the juvenile demonstrates that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, he may be moved to an adult facility if authorized by a judge.
01/12/10 Senate: Referred to Committee for Courts of Justice
01/14/10 Senate: Assigned Courts sub: Criminal,
01/25/10 Senate: Reported from Courts of Justice with amendment (14-Y 0-N),
01/28/10 Senate: Read third time and passed Senate (40-Y 0-N),
02/16/10 House: Assigned Courts sub: #1 Criminal
02/26/10 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N),
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

SB 387 Certificates of analysis; two-way video conferencing in criminal cases. Mark D. Obenshain Amends legislation enacted during the August 2009 Special Session in response to the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 557 U.S. _(June 25, 2009) to state that if the Commonwealth intends to have testimony by two-way video conferencing that information must be provided to the defendant in the notice that the Commonwealth is otherwise required to provide and the defendant must specifically object or he waives his right to object. The bill sets out procedures for video testimony and also clarifies that provisions requiring a 28-day notification to the defendant must be followed only if the certificate or affidavit is to be used in lieu of testimony. This bill incorporates SB 149.
02/11/10 Senate: Read third time and passed Senate (40-Y 0-N)
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
03/10/10 Senate: House substitute agreed to by Senate (40-Y 0-N)

Oppose SB 389 Offenses for which a juvenile is subject to transfer and trial as an adult. Ryan T. McDougle | Provides that a juvenile age 14 or older shall, without more, be subject to a preliminary hearing in juvenile court, and transfer to a circuit court for trial as an adult if he is charged with any offense defined an act of violence in § 19.2-297.1, and has been previously adjudicated delinquent for such an offense. The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties when a juvenile 14 years of age or older is charged with gang participation in violation of § 18.2-46.2. The bill also provides that a juvenile court shall conduct a preliminary hearing upon notice by the attorney for the Commonwealth to the court and parties whenever a juvenile 14 years of age or older is charged with manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance in violation of § 18.2-248, manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine in violation of § 18.2-248.03, felonious selling, giving, distributing or possessing with intent to distribute marijuana in violation of § 18.2-248.1, possessing with intent to manufacture, sell, give, or distribute anabolic steroids in violation of § 18.2-248.5, if the juvenile has been previously adjudicated delinquent of any such offense
01/12/10 Senate: Referred to Committee for Courts of Justice,
01/14/10 Senate: Assigned Courts sub: Criminal
01/27/10 Senate: Continued to 2011 in Courts of Justice (14-Y 0-N)

Oppose SB 486 Juvenile records; gang information; exceptions to confidentiality. Robert Hurt | . Places an affirmative duty on the Department of Juvenile Justice to provide information to law-enforcement that may aid in initiating or furthering an investigation of a criminal street gang. The bill also requires, rather than allows, the Department or locally operated court services unit to release to law enforcement information on a juvenile's criminal street gang involvement and the criminal street gang-related activity of others and to include the identity of or identifying information of the juvenile. Locally designated gang coordinators and task forces are added as authorized recipients of such information.
01/13/10 Senate: Referred to Committee for Courts of Justice
01/14/10 Senate: Assigned Courts sub: Criminal,
02/08/10 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
02/08/10 Senate: Rereferred to Finance
02/03/10 Senate: Read third time and passed Senate (40-Y 0-N),
02/16/10 House: Assigned Courts sub: #1 Criminal ,
03/03/10 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N),
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
03/10/10 Senate: House substitute agreed to by Senate (40-Y 0-N)

Oppose SB 489 Juvenile court; interlocutory appeals by Commonwealth. Robert Hurt | . Allows the Commonwealth to appeal a juvenile court suppression ruling to circuit court and the Court of Appeals. Upon the motion of the Commonwealth the juvenile court must stay the proceedings and issue a written statement of its findings of law and relevant facts in support of its suppression ruling and submit the case to the circuit court for a de novo hearing. The hearing has priority on the circuit court's docket and if it upholds the suppression ruling, the Commonwealth may appeal to the Court of Appeals. The bill applies in preliminary hearings, transfer hearings and trials in juvenile court where the offense would be a felony if committed by an adult and to rulings prohibiting the use of certain evidence on the grounds that the evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination. The bill also allows the time limitations on secure detention to be extended for the Commonwealth's appeal and provides that written court decisions of the Court of Appeals shall not contain the first or last name of the juvenile.
01/13/10 Senate: Referred to Committee for Courts of Justice
01/14/10 Senate: Assigned Courts sub: Criminal, ,
02/08/10 Senate: Passed by indefinitely in Courts of Justice (10-Y 4-N)

Oppose SB 520 Capital murder; auxiliary police officers; penalty. Thomas K. Norment, Jr.. Adds auxiliary police officers and auxiliary deputy sheriffs to the definition of law-enforcement officer in the capital murder statute so that the death sentence can be imposed for the murder of such an officer.
01/13/10 Senate: Referred to Committee for Courts of Justice,
02/15/10 Senate: Reported from Courts of Justice (9-Y 6-N),
02/16/10 Senate: Passed Senate (26-Y 14-N),
02/19/10 House: Assigned Courts sub: #1 Criminal
02/22/10 House: Subcommittee recommends reporting (9-Y 0-N),
03/09/10 House: VOTE: --- PASSAGE (75-Y 18-N)

SB 528 Prisons; Treatment and control of prisoners. Linda T. Puller |. Allows licensed professional counselors or licensed clinical social workers to direct sex offender treatment programs in the Virginia Department of Corrections.
01/13/10 Senate: Referred to Committee on Rehabilitation and Social Services
02/12/10 Senate: Reported from Rehabilitation and Social Services with substitute (15-Y 0-N),
02/16/10 Senate: Passed Senate (40-Y 0-N),
02/26/10 House: Reported from Militia, Police and Public Safety (20-Y 0-N) ,
03/02/10 House: Passed House BLOCK VOTE (99-Y 0-N)

SB 529 Civil commitment of sexually violent predators; evaluation. Linda T. Puller |. Provides that an evaluation for initial determination of whether a prisoner meets the definition of a sexually violent predator may be performed by a licensed professional counselor or licensed clinical social worker.
01/13/10 Senate: Referred to Committee for Courts of Justice,
02/10/10 Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
02/15/10 Senate: Passed Senate (40-Y 0-N),
02/16/10 Senate: Passed Senate (40-Y 0-N),
02/26/10 House: Referred to Committee for Courts of Justice,
03/03/10 House: Subcommittee recommends reporting (7-Y 0-N)
03/09/10 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)

Oppose SB 530 Solicitation to become a gang member; penalty. Ryan T. McDougle | . Provides that any person who, by telephone or by any electronically transmitted communication producing a visual or electronic message, solicits, invites, recruits, encourages or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 6 felony. Currently, such solicitation by any method of communication is a Class 1 misdemeanor
01/13/10 Senate: Referred to Committee for Courts of Justice
01/14/10 Senate: Assigned Courts sub: Criminal,
01/27/10 Senate: Reported from Courts of Justice (13-Y 0-N)
01/27/10 Senate: Rereferred to Finance,
02/10/10 Senate: Continued to 2011 in Finance (15-Y 0-N)

SB 579 Detention. David W. Marsden | Allows a juvenile to be moved to a less restrictive placement when, in the judgment of the custodian, the move is warranted or earned by the juvenile unless the court has specifically ordered that no such transfer shall be allowed of that juvenile.
01/13/10 Senate: Referred to Committee for Courts of Justice
01/15/10 Senate: Assigned Courts sub: Criminal, juvenile
02/08/10 Senate: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)

SB 576 Temporary Assistance for Needy Families (TANF); not be denied due to previous felony drug offense. (Ticer) Requires persons otherwise eligible to receive Temporary Assistance for Needy Families (TANF) benefits to not be denied benefits solely due to a previous conviction of a felony drug offense pursuant to § 18.2-250.. , Senate Subcommittee recommends continuing to 2011

SB 585 Juveniles in correctional facilities; appointment of counsel by judge of JDRC in jurisdiction. David W. Marsden |. Provides that the judge of a juvenile and domestic relations district court in a jurisdiction where a state juvenile correctional facility is located shall appoint one or more attorneys to assist juveniles confined to such facilities with legal matters relating to their confinement. The attorney shall be paid from the criminal fund.
01/13/10 Senate: Referred to Committee for Courts of Justice
01/15/10 Senate: Assigned Courts sub: Criminal,
01/25/10 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
01/25/10 Senate: Rereferred to Finance,
02/11/10 Senate: Reported from Finance with amendment (14-Y 0-N),
02/16/10 Senate: Passed Senate (40-Y 0-N), House: Left in courts of Justice,

SB 586 Crimes by juveniles; notice given to schools; exclude Class 3 and 4 misdemeanors. David W. Marsden |. Provides that if a petition is filed by an intake officer alleging a juvenile has committed an act that would be a crime if committed by an adult, a report of such petition need not be filed with the superintendent of the school division where the juvenile attends school if the crime would be a Class 3 or Class 4 misdemeanor if committed by an adult.
01/13/10 Senate: Referred to Committee for Courts of Justice
01/15/10 Senate: Assigned Courts sub: Criminal,
02/03/10 Senate: Reported from Courts of Justice with substitute (15-Y 0-N),
02/10/10 Senate: Read third time and passed Senate (40-Y 0-N),
02/22/10 House: Subcommittee recommends passing by indefinitely by voice vote

SB 615 Conditions of sentence suspension, etc.; credits toward reducing length of probation. Janet D. Howell Requires the Department of Corrections to develop a supervision plan for every offender placed on supervised probation and allows for credits to be applied toward reducing the offender's time on supervised probation by as much as one-half based on the achievement of goals established by the Department. The application of credits is to be determined by the chief probation and parole officer and does not require court action.
01/15/10 Senate: Presented and ordered printed 10103374D
01/15/10 Senate: Referred to Committee for Courts of Justice Assigned Courts sub: Criminal.
02/03/10 Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

SB 617 Criminal procedure; sentencing revocation report worksheets. Janet D. Howell . Requires sentencing revocation report worksheets in all probation revocation and sentence suspension revocation cases in which the defendant was under the direct supervision of the probation and parole district office. 1/15/10 Senate: Presented and ordered printed 10103373D
01/15/10 Senate: Referred to Committee for Courts of Justice Assigned Courts sub: Criminal, .
02/03/10 Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

SB 635 Sex Offender and Crimes Against Minors Registry; name of offender's employer not to be published. Marsden: Provides that the name or company title of the employer of an offender included in the Registry shall not be made available on the database publicly available through the Internet.
01/19/10 Senate: Referred to Committee for Courts of Justice,
02/04/10 Senate: Read third time and passed Senate (40-Y 0-N)
02/26/10 House: Tabled in Militia, Police and Public Safety by voice vote

SB 679 Restorative justice programs; established for offenders and victims. Emmett W. Hanger, Jr Establishes a restorative justice program for offenders and victims. Provisions address participation, court involvement, confidentiality, and immunity from civil liability
01/22/10 Senate: Referred to Committee for Courts of Justice
01/25/10 Senate: Assigned Courts sub: Criminal,
02/03/10 Senate: Reported from Courts of Justice with substitute (15-Y 0-N),
02/11/10 Senate: Read third time and passed Senate (36-Y 4-N),
02/17/10 House: Assigned Courts sub: #1 Criminal,
03/03/10 House: Subcommittee recommends laying on the table by voice vote

SJ 62 Constitutional amendment (first resolution); restoration of civil rights. Yvonne B. Miller | . Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentences subject to the conditions, requirements, and definitions set forth in that law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to law.
01/12/10 Senate: Referred to Committee on Privileges and Elections,
01/19/10 Senate: Continued to 2011 in Privileges and Elections (15-Y 0-N)

Budget Amendments Report

GENERAL ASSEMBLY BUDGET BILL ADDRESSES CRIMINAL JUSTICE ISSUES

On March 13, 2010, the Virginia General Assembly passed its budget bill (HB 30) and adjourned. In addition to substantial reductions in expenditures for the Department of Corrections and other public safety agencies, the budget bill includes three items of interest described below that Virginia CURE supported. Under the Virginia Constitution, Governor McDonnell approved items here on April the General Assembly returned on April 21 to accept changes.

1. HB 30 continues the work of the Secretary of Public Safety’s Task Force on Alternatives for Nonviolent Offenders, in order to monitor the progress of its earlier recommendations and also to include additional steps that may be required to encourage expanded use of electronic monitoring. The bill also permits expansion of the membership of the Task Force, as well as expansion of its scope to include reentry issues.

Last December, this Task Force made a series of recommendations for reform. Among others, these included (1) codifying existing sentencing guidelines for probation violations and revalidating the risk assessment instrument used under these guidelines, (2) using short jail stays and detention and diversion facilities as intermediate sanctions for probation and parole technical violators, (3) shortening the maximum of term of supervision on probation, (4) awarding good time credit on probation, (5) streamlining release from supervised probation for those whose only failure is to make full payment of fines, fees, and costs, (6) expanding use of drug courts, (7) renewing funding of day reporting centers, and (8) increasing funding for treatment options and mental health services in prisons and in the community. No money was appropriated for this item, however.

2. HB 30 requires the Secretary of Public Safety to study the feasibility and desirability of use by parole examiners of a risk assessment instrument as one factor in making recommendations to the Parole Board for parole release. A report on this study is due to the General Assembly by November 15, 2010.

3. HB 30 requires the Department of Corrections, by August 1, 2010, to identify those eligible for parole who may be suitable parole risks, recommend them to the Parole Board, and notify those inmates that it has so identified. In making these recommendations, DOC is required to take into account the prisoner’s criminal history record, mental and physical condition, employability, institutional adjustment, and other appropriate factors, including risk of violence to others.

There are a number of other public safety provisions in the budget bill, all of which are too numerous to note here. One is to set aside $150,000 each year for a position dedicated to the improvement and coordination of reentry efforts (which the Governor has already filled). Other items of interest in the bill include reducing the Parole Board from three full-time and two part-time members to two full-time and three part-time members, substantially reducing the budget of the Department of Correctional Education while requiring preservation of existing academic, life skills, and vocational training programs, conducting a review of inmate medical expenses to look for additional opportunities to reduce costs, and requiring a report on potential options for re-use or redevelopment of Natural Bridge Juvenile Correctional Center.

The General Assembly considered, but ultimately did not adopt, the Senate’s proposal to promote geriatric release of inmates who are terminally ill or permanently and totally disabled.

UPDATE: On May 11, the governor signed Executive Order No. 11, which established an Offenders and Juveniles Reentry Council. It will be headed by Ms. Banci Tewolde and will have a staff of three. This council will focus on legislation that passed last year, mandating the DOC to establish reentry plans for each prisoner when they enter a facility. This group is currently surveying all reentry programs and practices currently operating in the state as well as the many studies that have been published. They will offer recommendations and procedures for reentry programs. Members include Mark Early Jr., Larry Wilder Jr. and Jane Brown , who recently in charge of DSS reentry programs.

Also signed on May 11 was HB 927, which fulfills recommendation (2) of the Task Force, that technical violators be subject to less severe punishments than re-incarceration when possible.