BUDGET HB 1600 Ammendments HB 1600 Lacey E. Putney Department of Social Services - TANF Welfare Ban Opt Out - Item 338#5s (House Item 338#2h) Department of Social Services - TANF Benefit Increase         - Item 338#2s   (House Item 338#1h) Department of Social Services - TANF Rental Assistance Program - Item 338#3s   (The House is 338#3h) The budget amendment for TANF Indexing is listed as Item 338 #1s. By Sen. Barker.  No House Budget Amendment for Indexing. The House Amendments are all patroned by Del. Phil Hamilton and all the Senate Budget Amendments are by Sen. Colgan—except TANF Indexing is patroned by Sen. Barker. 2008/12/17 House: Referred to Committee on Appropriations SB 850 BUDGET SB 850 Ammendments Charles J. Colgan 2008/12/17Senate: Referred to Committee on Finance Department of Social Services - TANF Welfare Ban Opt Out - Item 338#5s (House Item 338#2h) Department of Social Services - TANF Benefit Increase         - Item 338#2s   (House Item 338#1h) Department of Social Services - TANF Rental Assistance Program - Item 338#3s   (The House is 338#3h) The budget amendment for TANF Indexing is listed as Item 338 #1s. By Sen. Barker.  No House Budget Amendment for Indexing. The House Amendments are all patroned by Del. Phil Hamilton and all the Senate Budget Amendments are by Sen. Colgan—except TANF Indexing is patroned by Sen. Barker. BUDGET oppose HB 1600 Ammendments HB 1600 Lacey E. Putney 2008/12/17 House: Referred to Committee on Appropriations opposeDepartment of Correctional Education – reducing operating funds for and zero out 13 of its vacant positions opposeTransitional Therapeutic Communities – elimination of all funding for therapeutic transitional community programs, i.e., Gemeinschaft Home, Harrisonburg, a therapeutic community for drug offenders - 60 beds (cost is lower than DOC facilities); eliminate funding cuts for other reentry programs opposeIndian Creek Correctional Center therapeutic community for drug offenders, Chesapeake - eliminating counselor positions opposeDrug Courts – elimination of positions used to support local drug courts opposeProbation and Parole – elimination of five probation and parole officer positions that have not been filled opposeParole Board changing number of Board members from two to four the number of part-time only members, reducing the capacity of the Board to perform its statutory functions opposeDepartment of Criminal Justice Services – elimination of supplemental funding for the Chesterfield Day Reporting Center for substance-addicted offenders ($100,000 each year) and for the Fairfax Partnership on Youth ($75,000 in FY 2010); and closing the 12 Day Reporting Centers opposeDepartment of Juvenile Justice – reduction of funding by over $10 million, or 5%, and - Abolishing 13 funded but already vacant treatment positions at various juvenile correctional centers – closing Camp New Hope, a facility adjacent to Natural Bridge Juvenile Detention Center that provides outdoor skills to younger children); closing the Chesapeake Community Placement Program, which provides mental health treatment for young offenders; closing the Virginia Wilderness Institute, a 32 bed facility in southwest Virginia that also provides an alternative form of incarceration for boys. opposeDepartment of Mental Health, Mental Retardation and Substance Abuse Services - closing the only two public psychiatric inpatient beds for children and adolescents in Virginia: The Southwestern Virginia Mental Health Institute's 15-bed adolescent unit, and the Commonwealth Center for Children and Adolescents in Staunton (a 48-bed facility that would be replaced with contracted beds in private hospitals) SB 850 oppose BUDGET SB 850 Ammendments Charles J. Colgan 2008/12/17Senate: Referred to Committee on Finance opposeDepartment of Correctional Education – reducing operating funds for and zero out 13 of its vacant positions opposeTransitional Therapeutic Communities – elimination of all funding for therapeutic transitional community programs, i.e., Gemeinschaft Home, Harrisonburg, a therapeutic community for drug offenders - 60 beds (cost is lower than DOC facilities); eliminate funding cuts for other reentry programs opposeIndian Creek Correctional Center therapeutic community for drug offenders, Chesapeake - eliminating counselor positions opposeDrug Courts – elimination of positions used to support local drug courts opposeProbation and Parole – elimination of five probation and parole officer positions that have not been filled opposeParole Board changing number of Board members from two to four the number of part-time only members, reducing the capacity of the Board to perform its statutory functions opposeDepartment of Criminal Justice Services – elimination of supplemental funding for the Chesterfield Day Reporting Center for substance-addicted offenders ($100,000 each year) and for the Fairfax Partnership on Youth ($75,000 in FY 2010); and closing the 12 Day Reporting Centers opposeDepartment of Juvenile Justice – reduction of funding by over $10 million, or 5%, and - Abolishing 13 funded but already vacant treatment positions at various juvenile correctional centers – closing Camp New Hope, a facility adjacent to Natural Bridge Juvenile Detention Center that provides outdoor skills to younger children); closing the Chesapeake Community Placement Program, which provides mental health treatment for young offenders; closing the Virginia Wilderness Institute, a 32 bed facility in southwest Virginia that also provides an alternative form of incarceration for boys. opposeDepartment of Mental Health, Mental Retardation and Substance Abuse Services - closing the only two public psychiatric inpatient beds for children and adolescents in Virginia: The Southwestern Virginia Mental Health Institute's 15-bed adolescent unit, and the Commonwealth Center for Children and Adolescents in Staunton (a 48-bed facility that would be replaced with contracted beds in private hospitals) REENTRY & REHABILITATION HB 1670 HB 1670 Rosalyn R. Dance

Provides that no interest shall accrue on any fine or costs imposed in a criminal or traffic case for a period of 40 days from the date of the final judgment imposing such fine or costs or during any period the defendant is incarcerated. Current law provides for the interest waiver only for the 40-day period following, or when a defendant is incarcerated, for the current case. The bill also allows a court, for good cause shown, on motion of a defendant who is making payments or who is requesting a payment plan pursuant to § 19.2-354, to waive payment of accrued but unpaid interest on fines and costs

2009/01/21 House: Subcommittee recommends passing by indefinitely REENTRY & REHABILITATION HB 1812 HB 1812 Joseph D. Morrissey

Prohibits a state agency employer from asking an existing or prospective employee about the individual's record of arrests or convictions, unless the question refers to an arrest or conviction that occurred within the preceding eight years or was for a violent felony. An employer may not take negative employment actions against an individual based on a response to a prohibited question. A violation is punishable by a $500 civil penalty.

2009/01/19 House: Subcommittee recommends passing by indefinitely by voice vote REENTRY & REHABILITATION HB 1813 HB 1813 Joseph D. Morrissey

Allows a person convicted of a criminal offense to have his conviction expunged after eight years 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.

2009/01/29 House: Subcommittee recommends passing by indefinitely by voice vote REENTRY & REHABILITATION HB 1815 HB 1815 Joseph D. Morrissey

Prohibits an employer from asking an existing or prospective employee about the individual's record of arrests or convictions, unless the question refers to an arrest or conviction that occurred within the preceding 8 years or was for a violent felony.  An employer may not take negative employment actions against an individual based on a response to a prohibited question.  A violation is a Class 1 misdemeanor.

2009/01/19 House: Subcommittee recommends striking from the docket by voice vote REENTRY & REHABILITATION HB 1913 HB 1913 Mamye E. BaCote

  Provides that a court shall recalculate the child support obligation of an obligor who is incarcerated during the support period, the recalculation being retroactive to the date of incarceration. The bill also provides that the child support payments of a parent who is incarcerated shall be tolled during the term of incarceration. Child support payments that are tolled continue to accrue during the term of incarceration, although no interest or other penalties shall accrue, and, upon the parent's release, the amount of his support arrearages shall be calculated and a payment plan shall be established. The bill also provides that prisoners and minor obligors are exempt from various fees and costs that may be collected by the Department of Social Services in enforcing support obligations. The bill further provides that reductions in the child support arrearages owed by prisoners and minor obligors should be granted for timely payments of support. Preference for placement in work programs will be given to otherwise qualified prisoners who have child support obligations.

2009/01/19 House: Subcommittee recommends laying on the table by voice vote REENTRY & REHABILITATION HB 2312 HB 2312 Kenneth R. Melvin

 Extends the ability to petition for a writ of actual innocence based on previously unknown or untested biological evidence to individuals who are not incarcerated.

2009/02/26 Governor: Approved by Governor-Chapter 139 (effective 7/1/09) REENTRY & REHABILITATION HB 2468 HB 2468 Harvey B. Morgan

 Provides that any person who has been convicted of a charge of possession of marijuana or had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of the expungement to be made available to any attorney for the Commonwealth upon request.

2009/01/29 House: Subcommittee recommends passing by indefinitely by voice vote REENTRY & REHABILITATION opposeHB 2561 HB 2561 Jackson H. Miller

Allows for the suspension of a defendant's driver's license for failure or refusal to pay fines and costs 15 days after sentencing. Currently, the court is authorized to suspend the license for such failure or refusal 15 days after conviction; however, it is during the sentencing phase that the court assesses whether fines and costs have been paid.

2009/02/02 House: Subcommittee recommends laying on the table by voice vote REENTRY & REHABILITATION HB 2571 HB 2571 Mamye E. BaCote

Allows a court to issue a restricted license to a person whose license is suspended.

2009/02/23 House: Bill text as passed House and Senate (HB2571ER) 2009/02/24 House: Signed by Speaker 2009/02/25 Senate: Signed by President REENTRY & REHABILITATION SB 844 SB 844 Henry L. Marsh III

  Allows the waiver on accrual of interest on criminal or traffic fines or costs to apply to any case of an incarcerated defendant. Current law provides for the interest waiver only for the case for which the defendant is incarcerated.

2009/02/04 Senate: Defeated by Senate (1-Y 39-N) REENTRY & REHABILITATION SB 872 SB 872 Patricia S. 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. The otherwise eligible person must comply with all obligations imposed by the criminal court and be actively engaged in or have completed a substance abuse treatment program. The bill mirrors the authorized federal exemption already granted for food stamp applicants.

2009/01/23 Senate: Reported from Rehabilitation and Social Services (9-Y 6-N) 2009/02/11 Senate: Left in Finance REENTRY & REHABILITATION SB 1381 SB 1381 Kenneth W. Stolle

Extends the ability to petition for a writ of actual innocence based on previously unknown or untested biological evidence to individuals who are not incarcerated.

2009/03/09 Senate: Bill text as passed Senate and House (SB1381ER) REENTRY & REHABILITATION SB 1496 SB 1496 Patricia S. Ticer

 Allows a maximum of seven and one-half sentence credits, as opposed to the current four and one-half, for each 30 days served.

2009/02/10 Senate: Rereferred to Courts of Justice 2009/02/11 Senate: Left in Courts of Justice PAROLE & PROBATION PAROLE & PROBATION HB 2309 HB 2309 Kenneth R. Melvin

Provides that no probationer shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, costs, or restitution.

2009/03/04 House: Bill text as passed House and Senate (HB2309ER) 2009/03/05 Senate: Signed by President 2009/03/06 House: Signed by Speaker PAROLE & PROBATION HB 2564 HB 2564 Algie T. Howell, Jr.

 Provides that in the case of a person who is ineligible for parole for a combination of three or more offenses involving rape, murder, or robbery the Parole Board shall consider a petition for reconsideration of ineligibility for parole if the person (i) was convicted only of robbery, (ii) did not injure or attempt to injure any person, (iii) did not have assistance of counsel in preparing a petition for review of ineligibility previously considered on the merits under this provision, (iv) has been continuously confined for 15 years, and (v) has a record of good conduct during confinement.

2009/01/29 House: Subcommittee recommends laying on the table by voice vote PAROLE & PROBATION HB 2567 HB 2567 Beverly J. Sherwood

  Requires the Department of Corrections to develop a supervision plan when an offender is placed on supervised probation, specifically for that offender, taking into account his offense and the results of any assessment conducted by the Department and setting out specific goals for the offender to achieve and credits towards reduction of the period of active supervision that may be earned. The maximum reduction of the period of active supervision is 50 percent. The bill gives the court authority to approve or disapprove the plan and to reduce the period of probation when the offender achieves the goals of the plan. Any offender convicted of abduction, rape, carnal knowledge of a child, forcible sodomy, object sexual penetration, aggravated sexual battery, or taking indecent liberties with children shall not be eligible for such a plan.

2009/02/02 House: Subcommittee recommends passing by indefinitely by voice vote PAROLE & PROBATION SB 1135 SB 1135 J. Chapman Petersen

Requires the Parole Board to ensure that each person eligible for parole receives a timely and thorough review of his suitability for release on parole, including a review of any material post-sentencing factors and requires, if parole is denied, a written, fact-specific individualized statement of the reasons.

2009/02/04 Senate: Read third time and passed Senate (39-Y 0-N) 2009/02/11 House: Referred to Committee on Militia, Police and Public Safety 2009/02/19 House: Subcommittee recommends passing by with a letter to the Parole Board by voice vote PAROLE & PROBATION SB 1235 SB 1235 George L. Barker

 Provides that prisoners who are terminally ill or permanently and totally disabled may petition the Parole Board for conditional release. The bill defines the terms "terminally ill" and "permanently and totally disabled."

2009/02/10 Senate: Passed Senate (33-Y 7-N) 2009/02/13 House: Referred to Committee on Militia, Police and Public Safety 2009/02/18 House: Assigned MPPS sub: #2 2009/02/19 House: Subcommittee recommends passing by indefinitely PAROLE & PROBATION SB 1380 SB 1380 Kenneth W. Stolle

Requires that a court utilize sentencing revocation report worksheets in all probation revocation and sentence suspension revocation cases. Currently, such sentencing worksheets are statutorily required to be used only when sentencing following felony convictions.

2009/02/28 House: Left in Appropriations RESTORATION OF CIVIL RIGHTS RESTORATION OF CIVIL RIGHTS HJ 623 HJ 623 Rosalyn R. Dance

  Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentences subject to the conditions, requirements, and classifications 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.

2009/01/19 House: Subcommittee recommends passing by indefinitely RESTORATION OF CIVIL RIGHTS HJ 628 HJ 628 Onzlee Ware

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.

2009/02/06 House: Tabled in Privileges and Elections (12-Y 10-N) RESTORATION OF CIVIL RIGHTS HJ 664 HJ 664 Joseph D. Morrissey

  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.

2009/01/19 House: Subcommittee recommends incorporating into HJ623 by voice vote RESTORATION OF CIVIL RIGHTS HJ 677 HJ 677 Mamye E. BaCote

 Provides that the Governor shall restore the civil rights of any person convicted of a felony who has completed his sentence and any modification of sentence, including probation, parole, and suspension of sentence, and has paid in full any restitution, fines, costs, and fees assessed against the person as a result of a felony conviction.

2009/01/19 House: Subcommittee recommends laying on the table by voice vote RESTORATION OF CIVIL RIGHTS HJ 726 HJ 726 Franklin P. Hall

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.

2009/02/10 House: Left in Privileges and Elections RESTORATION OF CIVIL RIGHTS SJ 273 SJ 273 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.

2009/02/09 Senate: Agreed to by Senate (27-Y 13-N) 2009/02/11 House: Referred to Committee on Privileges and Elections 2009/02/12 House: Assigned P & E sub: Constitutional 2009/02/16 House: Subcommittee failed to recommend reporting JUVENILE & CRIMINAL JUSTICE JUVENILE & CRIMINAL JUSTICE opposeHB 1919 HB 1919 Anne B. Crockett-Stark

 Increases from $1 to $25 the amount a locality may charge an inmate to defray the costs associated with the inmate's keep.

2009/02/25 House: Bill text as passed House and Senate (HB1919ER) 2009/02/25 House: Signed by Speaker 2009/02/26 Senate: Signed by President JUVENILE & CRIMINAL JUSTICE opposeHB 2179 HB 2179 Edward T. Scott

 Provides that when a court orders credit for time served in jail pending trial, etc., it may order that no time or a portion of the time be deducted from the sentence of a term of confinement when a person violates his terms of bail and is incarcerated in a local correctional facility for a violation of his terms of bail pending his trial or appeal.

2009/02/10 House: Left in Courts of Justice JUVENILE & CRIMINAL JUSTICE HB 2226 HB 2226 Dave W. Marsden

Requires the court to serve the Office of the Attorney General with a copy of the motion for judgment and all necessary supporting papers only in actions in which the defendant is the Commonwealth or one of its officers, employees, or agents.

2009/02/23 House: Bill text as passed House and Senate (HB2226ER) 2009/02/24 House: Signed by Speaker 2009/02/25 Senate: Signed by President JUVENILE & CRIMINAL JUSTICE HB 2228 HB 2228 Dave W. Marsden

  Provides that a court may, on motion of a probation or parole officer responsible for the case, convert an order for restitution, ordered to be paid by a delinquent juvenile, to a judgment for money when the juvenile reaches majority and all other conditions of probation or parole have been satisfied.

2009/02/10 House: Left in Courts of Justice JUVENILE & CRIMINAL JUSTICE opposeHB 2365 HB 2365 C. Todd Gilbert

 Provides that the Supreme Court of Virginia shall not promulgate any rule or regulation that prohibits any conduct of an attorney for the Commonwealth that is permitted by the Constitution of Virginia or the Constitution of the United States or prohibits an attorney for the Commonwealth from, in good faith, advising a law-enforcement officer as to investigative conduct permitted by the Constitution of Virginia or the Constitution of the United States.

2009/01/29 House: Subcommittee recommends laying on the table by voice vote JUVENILE & CRIMINAL JUSTICE opposeHB 2493 HB 2493 Paula J. Miller

Increases from $1 to $5 the amount a locality may charge an inmate to defray the costs associated with the inmate's keep.

2009/01/30 House: Subcommittee recommends incorporating into HB1919 by voice vote JUVENILE & CRIMINAL JUSTICE SB 1136 SB 1136 J. Chapman Petersen

  Increases from $200 to $500 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.

2009/02/11 Senate: Left in Courts of Justice JUVENILE & CRIMINAL JUSTICE SB 1196 SB 1196 Phillip P. Puckett

Allows an offender who otherwise would be sentenced to a fixed term of incarceration of three years or longer and who the court determines requires treatment for drug or alcohol substance abuse issues to be committed to a special program lasting 18 months or more. Following the offender's release, he is placed on supervised probation.

2009/02/10 Senate: Passed Senate (37-Y 3-N) 2009/02/18 House: Stricken from docket by Courts of Justice by voice vote JUVENILE & CRIMINAL JUSTICE SB 1297 SB 1297 Mark R. Herring

 Allows juveniles who have previously been adjudicated delinquent of a violent juvenile felony to be confined in a detention home or other secure juvenile facility. The bill also requires the court to consider the assessment completed by the secure facility regarding the appropriateness of the placement when ordering a period of confinement that exceeds 30 days.

2009/02/11 Senate: Left in Courts of Justice JUVENILE & CRIMINAL JUSTICE SB 1298 SB 1298 Mark R. Herring

 Allows the court to reduce a felony to a misdemeanor after deferring disposition when a juvenile was placed on probation and fulfills the terms and conditions of his probation.

2009/01/27 Senate: Read third time and passed Senate (40-Y 0-N) 2009/02/05 House: Referred to Committee for Courts of Justice 2009/02/16 House: Subcommittee recommends passing by indefinitely by voice vote JUVENILE & CRIMINAL JUSTICE SB 1329 SB 1329 A. Donald McEachin

 Requires the Attorney General to identify, collect, and make available on the Internet a list of constitutional, statutory and regulatory collateral consequences of a criminal conviction.  Collateral consequences are those consequences that arise as a result of a criminal conviction (such as employment barriers) but are not imprisonment, parole, probation, fines, forfeiture, restitution, etc.

2009/02/09 Senate: Passed Senate (40-Y 0-N) 2009/02/24 House: Left in Courts of Justice JUVENILE & CRIMINAL JUSTICE opposeSB 1377 SB 1377 Kenneth W. Stolle

  Provides that police and sheriff departments may release current information on juvenile arrests to law-enforcement agencies in other states. (

2009/03/04 Senate: Bill text as passed Senate and House (SB1377ER) 2009/03/04 Senate: Signed by President 2009/03/06 House: Signed by Speaker JUVENILE & CRIMINAL JUSTICE SB 1391 SB 1391 Kenneth W. Stolle

Permits the dissemination of Virginia criminal history information to certain individuals who volunteer in the identification, location, and notification of individuals convicted of crimes prior to the advent of DNA testing and the case files of which have since been found to contain evidence suitable for DNA testing. The bill also specifies other aspects of the notification process and has an emergency clause.

2009/03/04 Senate: Bill text as passed Senate and House (SB1391ER) 2009/03/04 Senate: Signed by President 2009/03/06 House: Signed by Speaker JUVENILE & CRIMINAL JUSTICE SB 1540 SB 1540 Kenneth W. Stolle

  Provides that the risk assessment instrument developed by the Sentencing Commission shall be used to recommend sentencing alternatives for nonviolent offenders, with consideration being given to home/electronic incarceration for low-risk offenders meeting certain criteria.

2009/02/04 Senate: Reported from Courts of Justice (13-Y 1-N) 2009/02/04 Senate: Rereferred to Finance 2009/02/05 Senate: Reported from Finance (16-Y 0-N) 2009/02/10 Senate: Motion to recommit to committee agreed to 2009/02/10 Senate: Recommitted to Finance 2009/02/11 Senate: Left in Finance MENTAL HEALTH & SUBSTANCE ABUSE MENTAL HEALTH & SUBSTANCE ABUSE opposeHB 2362 HB 2362 C. Todd Gilbert

  Specifies that prior out-of-state convictions for substantially similar offenses count as prior offenses for the purpose of enhancing punishment for possession of marijuana and for manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance

2009/03/09 House: Bill text as passed House and Senate (HB2362ER) MENTAL HEALTH & SUBSTANCE ABUSE SB 854 SB 854 John S. Edwards

  Directs the Office of the Executive Secretary of the Supreme Court to establish by January 1, 2010, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.

2009/02/10 Senate: Passed Senate (21-Y 19-N) 2009/02/24 House: Left in Courts of Justice MENTAL HEALTH & SUBSTANCE ABUSE SB 1294 SB 1294 John S. Edwards

  Permits the Department of Criminal Justice Services to establish crisis intervention team pilot programs in areas of the state by January 1, 2010. The crisis intervention team pilot programs shall assist law-enforcement officers in responding to crisis situations involving persons with mental illness, substance abuse problems, or both. By November 1, 2009, the Department shall submit to the Joint Commission on Health Care a report outlining the plan for the program. The Department, in consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall establish a training program for all persons involved in the crisis intervention team pilot programs. Each crisis intervention team shall develop a protocol that permits law-enforcement officers to release from custody persons whom they encounter in crisis situations when the crisis intervention team has determined the person is sufficiently stable. The Department shall evaluate and report annually to the Joint Commission on Health Care on the impact and effectiveness of the crisis intervention team pilot programs.

2009/02/28 Senate: Bill text as passed Senate and House (SB1294ER) 2009/02/28 House: Signed by Speaker 2009/03/04 Senate: Signed by President MENTAL HEALTH & SUBSTANCE ABUSE SB 1304 SB 1304 Robert Hurt

  Authorizes a drug treatment court for the County of Franklin

2009/03/09 Senate: Bill text as passed Senate and House (SB1304ER) MENTAL HEALTH & SUBSTANCE ABUSE SB 1462 SB 1462 Phillip P. Puckett

  Authorizes a drug treatment court for the County of Tazewell.

2009/03/09 Senate: Bill text as passed Senate and House (SB1462ER) MENTAL HEALTH & SUBSTANCE ABUSE SB 1503 SB 1503 A. Donald McEachin

 Requires the Executive Secretary of the Supreme Court to establish a mental health court in the Thirteenth Circuit, Richmond City.

2009/02/04 Senate: Incorporated by Courts of Justice (SB854-Edwards) (15-Y 0-N) SEX OFFENDER SEX OFFENDER HB 2225 HB 2225 Dave W. Marsden

 Provides that the State Police shall publish on the publicly available Internet sex offender database and mail to all persons for whom registration is required the text of all general laws affecting such persons solely because of their inclusion in the Registry. The State Police shall publish and mail the text of all such laws upon their enactment, if such laws are emergency acts, or upon the adjournment of the reconvened session following the regular or special session at which such laws were enacted.

2009/01/27 House: Assigned MPPS sub: #2 2009/01/29 House: Subcommittee recommends no further action SEX OFFENDER opposeHB 2274 HB 2274 Charles D. Poindexter

 Requires that the Internet sex offender registry information include a "wanted" notation for a person who is wanted for any crime. Currently, the "wanted" notation is only posted for a person who is wanted for failing to register.

2009/02/10 House: VOTE: --- PASSAGE (99-Y 0-N) 2009/02/23 Senate: Passed by in Courts of Justice with letter (11-Y 0-N) 2009/02/24 Senate: Subject matter referred to the Crime Commission pursuant to Senate Rule 30 (L) SEX OFFENDER opposeHB 2361 HB 2361 C. Todd Gilbert

  Requires that juveniles of any age who are adjudicated delinquent of a sexually violent offense or homicide register as a sex offender. Juveniles adjudicated delinquent of a nonviolent sex offense will remain under the current procedure, which applies to juveniles 13 years and older and allows the judge to determine if registration should be required. The bill also requires expulsion from school of juveniles required to register for sexually violent or homicide offenses.

2009/01/27 House: Assigned MPPS sub: #2 2009/01/29 House: Subcommittee recommends no further action SEX OFFENDER opposeHB 2397 HB 2397 Robert B. Bell, III

  Adds a venue provision to the statute that punishes possession, transmission, and reproduction of child pornography to include the jurisdiction where the unlawful act occurs or where any sexually explicit visual material associated with a violation of the section is produced, reproduced, found, stored, or possessed.  

2009/02/25 House: Bill text as passed House and Senate (HB2397ER) 2009/02/25 House: Signed by Speaker 2009/02/26 Senate: Signed by President DEATH PENALTY DEATH PENALTY HB 1755 HB 1755 Frank D. Hargrove, Sr.

  Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2009.

2009/01/26 House: Subcommittee recommends passing by indefinitely by voice vote DEATH PENALTY opposeHB 2358 HB 2358 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.

2009/03/09 House: Bill text as passed House and Senate (HB2358ER) DEATH PENALTY opposeHB 2585 HB 2585 David E. Poisson

  Adds uncompensated 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.

2009/02/04 House: Incorporated by Courts of Justice (HB2638-Pogge) by voice vote DEATH PENALTY opposeHB 2638 HB 2638 Brenda L. Pogge

Adds auxiliary police officers and auxiliary deputy sheriffs, as well as fire marshals and assistant fire marshals with police powers, 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 or marshal.

2009/02/24 House: Bill text as passed House and Senate (HB2638ER) 2009/02/25 House: Signed by Speaker 2009/02/27 Senate: Signed by President DEATH PENALTY SB 939 SB 939 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 shall hold an ex parte hearing on such a motion and may order the appointment of an expert. Any 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 expert's work product is protected by attorney-client privilege; however, the defendant shall comply with the discovery rules set forth in the Rules of the Supreme Court

2009/02/05 Senate: Read third time and passed Senate (39-Y 0-N) 2009/02/24 House: Left in Courts of Justice DEATH PENALTY opposeSB 961 SB 961 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.

2009/03/04 Senate: Bill text as passed Senate and House (SB961ER) 2009/03/05 Senate: Signed by President 2009/03/06 House: Signed by Speaker DEATH PENALTY SB 1363 SB 1363 W. Roscoe Reynolds

  Provides compensation to counsel representing an indigent prisoner under sentence of death in a state habeas corpus proceeding, on the same basis as provided to counsel representing a defendant charged with a Class 1 felony.

2009/03/09 Senate: Bill text as passed Senate and House (SB1363ER)