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Criminal Procedure

P Passed

P HB95
Youthful offenders. Requires a suspended period of confinement in addition to the four years of indeterminate commitment and requires confinement in a state facility for youthful offenders. Initial confinement must be followed by at least one and one-half years of supervised parole. The bill changes those eligible for indeterminate commitment by excluding certain sex offenders and all misdemeanants (currently misdemeanors involving injury to persons or property are included) and by allowing participation of all who committed the offense prior to age 21 (current law is limited to juveniles tried as adults and to persons who committed the offense after becoming 18 but before 21 years of age). The bill also adds specific program requirements for youthful offender facilities. The Department of Corrections is required to report annually to the General Assembly on the use of the youthful offender program by the judiciary. This bill is identical to SB 168.
Patron - Hamilton

P HB424
Factors in rebuttal of a presumption against bail. Provides that the court shall consider the following factors in determining, for the purpose of rebuttal of the presumption against bail, whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of the public: (i) the nature and circumstances of the offense charged, (ii) the history and characteristics of the person, including his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings, and (iii) the nature and seriousness of the danger to any person or the community that would be posed by the person's release.
Patron - Melvin

P HB671
Payment of medical fees for evidence gathering in certain criminal cases. Provides that associated medical costs involved in the gathering of evidence in all criminal cases and in all child abuse and neglect cases are paid by the Commonwealth out of the appropriation for criminal charges. Currently, this payment is only available in selected criminal cases.
Patron - Byron

P HB705
Jury instructions; capital case. Provides that when requested by the defendant a jury shall be instructed that a person convicted of a capital offense committed after January 1, 1995, and given a life sentence will not be eligible for parole. The bill also requests the Supreme Court, with the Virginia State Bar, to recommend instructions for non-capital offenses.
Patron - Melvin

P HB744
Functions of a multi-jurisdiction grand jury. Allows multi-jurisdictional grand juries to investigate incidents of cruelty to animals and murder.
Patron - Cantor

P HB820
Service of process including arrest warrant. Clarifies that a sheriff may execute an arrest warrant throughout the county he serves and in a city surrounded by the county.
Patron - Landes

P HB1156
Where forgery may be prosecuted. Amends the venue provisions for prosecution of forgery to include the county or city where the writing is found in the possession of the defendant.
Patron - Weatherholtz

P HB1312
Court-appointed counsel. Increases the caps for fees paid to court-appointed counsel in indigent cases in annual increments. This bill is identical to SB 481.
Patron - Almand

P HB1395
Crime victims compensation; appeals. Lengthens the period, from 20 to 45 days, for a claimant to file for review by the Workers' Compensation Commission of a decision regarding a claim for benefits from the Criminal Injuries Compensation Fund.
Patron - McDonnell

P HB1397
Compensation of victims of crime. Provides that compensation for mental health counseling for survivors of crimes is not to exceed $2,500 per claim. Current law allows for a recovery of $1,000.
Patron - McDonnell

P HB1533
Bail and recognizance. Provides that unless waived with the approval of the judicial officer and with the concurrence of the attorney for the Commonwealth or county, city or town attorney, if the person charged with a felony has previously been convicted of a felony or is on bond for an unrelated offense a felony in any jurisdiction, or is on probation or parole, he may be released, if at all, only on secured bond. Also, the bill requires that bondsmen receive proper and timely notice when there is a breach of the condition of appearance.
Patron - Davis

P SB62
Deferred disposition. Allows costs to be assessed against a person whose disposition for assault and battery against a family member is deferred pending the completion of probation. The 1999 General Assembly established deferred disposition for defendants not previously convicted of assault and battery against a family member but did not amend the statute allowing costs to be imposed upon defendants in these cases.
Patron - Trumbo

P SB125
Post-release supervision of felons. Requires that each person convicted for a felony committed on or after July 1, 2000, and sentenced to an active prison term, also have imposed a period of post-release supervision and review by the Parole Board. Current law gives the court the option of such supervision period for felons subject to the no parole law.
Patron - Norment

P SB168
Youthful offenders. Requires a suspended period of confinement in addition to the four years of indeterminate commitment and requires confinement in a state facility for youthful offenders. Initial confinement must be followed by at least one and one-half years of supervised parole. The bill changes those eligible for indeterminate commitment by excluding certain sex offenders and all misdemeanants (currently misdemeanors involving injury to persons or property are included) and by allowing participation of all who committed the offense prior to age 21 (current law is limited to juveniles tried as adults and to persons who committed the offense after becoming 18 but before 21 years of age). The bill also adds specific program requirements for youthful offender facilities. The Department of Corrections is required to report annually to the General Assembly on the use of the youthful offender program by the judiciary. Identical to HB 95.
Patron - Mims

P SB188
Boot camp incarceration. To be eligible for boot camp an individual must have been convicted of a nonviolent felony or be deemed by the court to be nonviolent in character. This bill revises the definition of nonviolent felony to include all felonies except those listed in the "three strikes and you're out" statute and any attempt to commit those felonies (murder, voluntary manslaughter, mob-related felonies, kidnapping or abduction, malicious felonious assault or malicious bodily wounding, robbery, criminal sexual assault and arson, and conspiracy to commit any of those violations, as a principal in the second degree or accessory before the fact).
Patron - Mims

P SB211
Criminal procedure; victims of crime. Includes within the definition of "victim" a sibling when the direct victim is incapacitated or deceased. This addition allows the sibling to receive all notifications provided under the Crime Victims Act and the authority to make an impact statement when the direct victim is incapacitated or deceased.
Patron - Howell

P SB262
Certificates of analysis. Provides that defense counsel's request for a certificate of analysis must be in writing, clearly state in its heading "Request for Copy of Certificate of Analysis," and be made at least 10 days before trial.
Patron - Norment

P SB279
Sex Offender Registry website. Requires the State Police to remove all information which it knows to be inaccurate information from the Sex Offender Registry website.
Patron - Howell

P SB330
Restitution for property damage or loss. Provides that if restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the Clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims and that the administrator shall reserve a sum sufficient in the Fund from which he shall make prompt payment to the victim for any proper claims. The bill also provides that before making the deposit he shall record the name, last known address and amount of restitution due each victim appearing from the Clerk's report to be entitled to restitution.
Patron - Norment

P SB481
Compensation of court-appointed counsel. Subject to such funds that are appropriated, increases court-appointed attorneys' fees by 20 percent in misdemeanor cases and by 40 percent in felony cases. A second enactment clause provides that the act becomes effective only if funds are appropriated by the 2000 General Assembly and prorates the fee increase based on the amount appropriated.
Patron - Trumbo

P SB524
Who may be present for execution of search warrants. Provides that the following persons may be permitted to be present during or participate in the execution of a warrant to search a place if permitted by a law-enforcement officer conducting the search: (i) the owners and occupants of the place to be searched, and (ii) persons designated by the officer in charge of the search to provide assistance or expertise.
Patron - Mims

P SB603
National criminal background check; child care providers. Authorizes any business or organization that provides care to children, the elderly or disabled to request the Department of State Police to conduct a national criminal background check, through the use of fingerprints, on persons who work or volunteer at such "qualified entities." To conduct the background check, the Department shall utilize (i) the national criminal history background check system which is maintained by the Federal Bureau of Investigation and (ii) the Central Criminal Records Exchange maintained by the Department. However, programs of religious instruction (such as Sunday schools, vacation bible schools, and Bar or Bat Mitzvah classes) and programs that provide babysitting during worship services are not entitled to request the background check. Additionally, the failure to request a background check shall not be negligence per se in any civil action. The bill contains a delayed effective date of January 1, 2001.
Patron - Ticer

P SB619
DNA data bank. Provides that the Division of Forensic Science must confirm whether or not there is a DNA profile on file for a specific individual if a federal, state or local law-enforcement officer requests that information in furtherance of an official investigation.
Patron - Houck

P SB663
Crime victim rights. Sets out in the Crime Victim and Witness Rights Act the existing requirement that the Attorney General notify a victim, if requested, of the filing and disposition of any appeal or habeas corpus proceeding involving the victim's case.
Patron - Rerras

F Failed

F HB52
National criminal background check; child care providers. Authorizes any business or organization that provides care to children to request the Department of State Police to conduct a national criminal background check, through the use of fingerprints, on persons who work or volunteer at such organizations in a child care position. To conduct the background check, the Department shall utilize (i) the national criminal history background check system which is maintained by the Federal Bureau of Investigation and (ii) the Central Criminal Records Exchange maintained by the Department. This legislation is permitted by the National Child Protection Act enacted by the federal government in 1993.
Patron - Crittenden

F HB55
Exceptions to the speedy trial act. Adds language to the speedy trial act to clarify that on the day of trial (i) continuances granted on the defendant's motion or (ii) the defendant's failure to object to a motion for continuance by the Commonwealth toll the running of the statute.
Patron - Kilgore

F HB407
Presentence reports. Removes the requirement that probation officers prepare presentence reports in every felony case, but allows the court, in specified cases, to direct the preparation of such report in its discretion or on motion of the defendant.
Patron - Phillips

F HB515
Felonies and misdemeanor appeals; sentencing. Requires a bifurcated proceeding and jury sentencing in a jury trial in the circuit court on an appeal from a conviction of a misdemeanor in the district court.
Patron - Armstrong

F HB559
Payment of medical fees. Provides that the director of the local department of social services may approve reimbursement of the costs of evidence collection in cases involving child sexual and physical abuse. Under current law, only the attorney for the Commonwealth may do so, leaving no reimbursement in cases where no criminal charges are filed, but instead are referred by child protective services units and handled administratively.
Patron - Cantor

F HB599
Failure to appear on return date for summons issued under § 19.2-76.2. Permits a court to issue a default judgment against a person when he fails to appear pursuant to a summons for a parking violation. The law currently requires a second summons to be executed upon the failure of a person to appear on the date contained in the initial summons.
Patron - McQuigg

F HB993
Presentence reports. Removes the mandate in the Code that, in certain criminal cases, the court require the preparation of a presentence report and allows the court in all cases to exercise its discretion whether to require such report.
Patron - Robinson

F HB1000
Victim participation in plea agreements. Provides that upon the victim's request, the attorney for the Commonwealth must keep the victim informed and confer with the victim throughout the plea negotiation process and obtain the victim's views. Prior to offering or entering into a plea agreement involving certain violent felony offenses, the attorney for the Commonwealth must inform the victim of the contents of the proposed plea agreement before it is agreed upon; discuss the case with the victim and obtain the victim's views regarding the proposed plea agreement; and notify the victim that the victim is entitled to be present and may submit a written impact statement and any objections to the plea agreement when the plea agreement is considered by the court. The victim has the right to be present and present a written impact statement at any proceeding in which a negotiated plea agreement will be presented to the court. The court is not allowed to accept a plea agreement unless it finds that the Commonwealth has, except for good cause shown, complied with the bill's provisions and the attorney for the Commonwealth represents to the court that the requirements of the Crime Victim and Witness Rights Act have been complied with and tells the court whether the victim has any objections to the agreement. There is a provision stating that the duty to confer does not limit the ability of the attorney for the Commonwealth to exercise his discretion concerning the handling of any criminal charge against the defendant.
Patron - McEachin

F HB1071
Megan's law. Adds causing or encouraging acts rendering children delinquent, abused, etc. to the list of offenses for which registration is required and adds sexual battery to the definition of sexually violent offense.
Patron - Marshall

F HB1082
Salaries of magistrates; local supplement. Removes the local supplement for magistrates' salaries.
Patron - Jones, J.C.

F HB1317
Criminal procedure; testimony before a multi-jurisdiction grand jury. Eliminates the limitation placed on the use of testimony against a witness educed from the witness before a multi-jurisdiction grand jury, provided that prior to testifying or producing evidence the witness was advised of his rights and privileges under the Fifth Amendment of the United States Constitution and he voluntarily, intelligently, and knowingly waived such rights. Currently such testimony can be used in a case against the witness/defendant, but only for the purpose of impeaching the witness/defendant.
Patron - Ruff

F SB387
Victim participation in plea agreements. Provides that upon the victim's request, the attorney for the Commonwealth must keep the victim informed and confer with the victim throughout the plea negotiation process and obtain the victim's views. Prior to offering or entering into a plea agreement involving certain violent felony offenses, the attorney for the Commonwealth must inform the victim of the contents of the proposed plea agreement before it is agreed upon and discuss the case with the victim and obtain the victim's views regarding the proposed plea agreement. The victim has the right to be present and present a written impact statement at any proceeding in which a plea agreement recommending a specific sentence will be presented to the court. The court is not allowed to accept a plea agreement unless it finds that the Commonwealth has, except for good cause shown, complied with the bill's provisions. There is a provision stating that the duty to confer does not limit the ability of the attorney for the Commonwealth to exercise his discretion concerning the handling of any criminal charge against the defendant, does not confer upon the defendant any substantive or procedural rights, and does not affect the validity of any plea entered by the defendant.
Patron - Mims

F SB402
Acceptance of checks by clerks. Raises from $20 to $40 the fee a circuit court clerk may charge for dishonored check or credit card. The provision in existing law that 10 percent of the value of the payment may be charged if it is more than the returned check fee is not charged.
Patron - Trumbo

F SB482
Certificates of analysis. Provides that defense counsel's request for a certificate of analysis must be in writing, clearly state in its heading "Request for Copy of Certificate of Analysis," and be made after the case is filed. Failure of the clerk or attorney of the Commonwealth to comply with a request is grounds for a continuance to be charged against the Commonwealth. Rolled into SB 262.
Patron - Trumbo

C Carried Over

C HB13
Persons who are conservators of the peace. Adds special agents of the Defense Criminal Investigative Service to the list of those persons considered conservators of the peace while performing their duties.
Patron - Marshall

C HB315
Use of discretionary sentencing guidelines. Provides that in criminal cases tried by a jury, the jury shall be presented with completed sentencing guidelines worksheets prior to commencement of the sentencing phase of the trial. Additionally, the jury would be permitted to recommend a punishment based upon the guidelines. Currently, the jury is prohibited from considering sentencing guidelines when determining punishment.
Patron - Melvin

C HB704
Criminal procedure; testimony before a multi-jurisdiction grand jury. Eliminates the limitation placed on the use of testimony against a witness educed from the witness before a multi-jurisdiction grand jury, provided that prior to testifying or producing evidence the witness was advised of his rights and privileges under the Fifth Amendment of the United States Constitution and he voluntarily, intelligently, and knowingly waived such rights. Currently such testimony can be used in a case against the witness/defendant, but only for the purpose of impeaching the witness/defendant.
Patron - Albo

C HB1021
Proportional suspension of sentence. Creates a program of proportional suspension of sentence when an inmate has already begun to serve his time and allows the court, at any time before the completion of the defendant's sentence, to proportionally suspend up to three years of a term of imprisonment, conditioned upon participation in alternative service.
Patron - Dillard

C HB1222
Violation of court order regarding custody and visitation; penalty. Provides that if a person presents or gives a sworn statement, together with a supporting affidavit setting forth the salient facts regarding a case of the withholding of visitation or custody of a child in violation of a court order, to an officer of the court empowered to issue criminal warrants, the officer shall issue a warrant for the arrest of the alleged offender.
Patron - McClure

C HB1230
Pleas of insanity. Provides that no person shall, while he is insane or feebleminded, be tried for a felony.
Patron - McEachin

C HB1311
Capital case bill of review. Authorizes a prisoner under sentence of death or whose sentence of death has been commuted to life imprisonment by the Governor to present a capital case bill of review as a civil proceeding on no more than two occasions to the circuit court that entered the order fixing the prisoner's punishment at death, provided designated conditions are met. A person sentenced to death is required to file such bill (or bills) within three yeas. Service is to be upon the Attorney General and the Commonwealth's attorney for the county or city in which the original case was tried. The Commonwealth's attorney is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the Commonwealth's attorney. The bill of review is to be dismissed if the court finds that the conditions stipulated have not been met or that the evidence claimed to be newly discovered does not establish a significant probability of actual innocence. If clear and convincing evidence of innocence is found, the court is to hear the newly discovered evidence and such evidence as the Commonwealth may present in rebuttal. If the court finds a significant probability of innocence, an order is to be issued granting the bill of review. Any decision by the circuit court may be appealed by the prisoner or by the Commonwealth by filing a petition for appeal to the Supreme Court within 30 days of the circuit court's decision.
Patron - Almand

C HB1370
Interception, disclosure, etc., of wire, electronic or oral communications unlawful; exceptions. Provides that it shall not be a criminal offense for a person to intercept a wire, electronic or oral communication where such person is the spouse, parent or guardian of one of the parties to the communication and the communication occurs using any telephone in the residence of such spouse, parent or guardian.
Patron - Armstrong

C HB1398
Filing of claims. Allows victims of crimes to file a claim for compensation not later than one year after the discovery of the crime upon which the claim is based. Currently, such claims must be filed one year after the occurrence of the crime.
Patron - McDonnell

C SB252
Sentencing for Class 1 misdemeanors. Requires a bifurcated proceeding and jury sentencing in a jury trial in the circuit court when the defendant is found guilty of a Class 1 misdemeanor.
Patron - Reynolds

C SB408
Writ of error. Provides that a writ of error lies for any county, city or town from the circuit court to the judgment of a district court declaring an ordinance unconstitutional or otherwise invalid and requires that the district court remit the case file to the circuit court. If the circuit court requests, the district court must submit a statement of the basis for its determination. The bill also provides that in all cases a writ of error lies from the Supreme Court to the judgment of the circuit court declaring a local ordinance invalid; under current law misdemeanors are excepted.
Patron - Bolling

C SB694
Special grand juries. Authorizes an attorney for the Commonwealth to request a special grand jury to investigate criminal activity within his jurisdiction in much the same way as may currently be done with regard to criminal activity that crosses jurisdictional lines. The procedures would be similar to those applicable to the multi-jurisdictional grand juries. The special grand jury will have the power to investigate and to indict.
Patron - Stolle


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