CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Crimes and Offenses Generally

P Passed

P HB197

Oral or written threats to commit acts of violence on school property; penalty. Rewrites threats statute to provide that it is a Class 6 felony to knowingly communicate a written threat to kill or do bodily injury to a person regarding that person or a member of his family if the threat places the person in reasonable apprehension of death or bodily injury to himself or his family member. A written threat to kill or do bodily harm on school property or at a school event is a Class 6 felony regardless of whether the person who is the object of the threat actually receives the threat if it would place the person in reasonable apprehension of death or bodily harm. An oral threat to kill or do bodily injury on school property or at a school sponsored event is a Class 1 misdemeanor. This bill is identical to SB 847 (Couric).
Patron - Sherwood

P HB247

Discharge of firearms in schools. Provides that the hunting exemption and the exemption for a established shooting range do not apply to the willful discharge of a firearm upon the buildings and grounds of a school. The bill also provides that there is no established shooting range exemption for discharge of a firearm within 1,000 feet of the property line of a school.
Patron - Dillard

P HB329

Disarming a law-enforcement or correctional officer. Creates a Class 1 misdemeanor for any person who knows or has reason to know a person is a law-enforcement or correctional officer or an employee of the Department of Corrections and, with the intent to impede or prevent the officer from performing his official duties, knowingly and without the officer's permission, removes a chemical irritant weapon, or impact weapon from the possession of the officer or deprives the officer of the use of the weapon. If the weapon removed is a firearm or stun weapon, the crime is a Class 6 felony.
Patron - Callahan

P HB395

Concealed weapons permit. Clarifies that a court shall consult with either the sheriff or police department to receive a report from the Central Criminal Records Exchange, prior to issuing a concealed weapons permit. Currently, this Code section uses the term "law-enforcement authorities."
Patron - Joannou

P HB924

Refusal of blood or breath test. Allows a conviction for unreasonable refusal to permit a blood or breath sample to be taken to be admissible in a DUI trial for the sole purpose of explaining the absence of a chemical test. The arresting officer and magistrate are required to inform the person arrested of the possibility that such a conviction could be admissible as evidence. Removes the provision that the trial date for unreasonable refusal must be after the trial for driving under the influence.
Patron - Watts

P HB1624

Weapons on school property. Prohibits all knives on school property or at a school-sponsored event except for pocket knives having a folding metal blade less than three inches long. This provision applies to all persons, not just students. Current exemptions for food preparation, school programs, etc., are retained.
Patron - Tata

P HB1773

Medical malpractice. Revises the definition of "health care provider" to include directors, officers, employees and agents of persons or entities defined as health care providers acting within the scope of employment.
Patron - Howell

P HB1833

Blood alcohol tests; restricted license. Provides that if a person arrested for DUI is unable to go before the magistrate due to the need for medical treatment, the arresting officer may certify the person's refusal to take a blood or breath test. The bill also provides that in lieu of securing a warrant, the arresting officer may issue a summons on the premises of the medical facility for refusal to submit to a test. The bill also compiles all options for restricted driver's licenses for various traffic and drug offenses into one section of the Code of Virginia. This bill incorporates HB 1850.
Patron - Howell

P HB1837

Certain attempted sexual offenses. Repeals § 18.2-67.5, which criminalizes and penalizes several attempted sexual offenses. These attempted sexual offenses are already prosecuted under the general attempt statutes and the substantive sexual offense statutes. This bill does not make any substantive changes to the law. The bill is recommended by the Virginia Bar Association (VBA). After the 2000 Session of the General Assembly, the chairmen of the Courts of Justice Committee requested the VBA to study the repeal of this section, with the assistance of the Commonwealth's Attorneys Services Council and the Virginia College of Criminal Defense Attorneys.
Patron - Howell

P HB1862

Suspension of school employees. Provides that school employees who are placed on probation as first offenders for drug offenses are not entitled to any escrowed salary or reinstatement. Under current law, a school employee may be suspended for good and just cause when the safety or welfare of the school division or students is threatened or when the school employee has been charged with the commission of a felony or specified misdemeanors, including drug offenses, or with an equivalent offense in another state. During suspension, the school employee's salary is placed in escrow. Upon a finding of not guilty or nolle prosequi, the employee is reinstated and these escrowed funds are returned to the employee; a finding of guilt results in the funds being returned to the school board. This measure addresses cases of probation for first offender status where there is technically no finding of guilt nor is there an acquittal. This bill is identical to SB 1032 (Stolle).
Patron - McDonnell

P HB1868

Identification required for procurement of material harmful to minors. Provides that a civil penalty shall be imposed on any person who sells, rents or loans material that is harmful to minors to a person who appears to be under 18 years of age, without first requiring the production of a government-issued photo identification.
Patron - Purkey

P HB1901

Charitable gaming; sale of pull tabs. Allows persons employed by a qualified organization authorized to sell pull tabs or seal cards in accordance with charitable gaming laws to sell pull tabs or seal cards provided (a) such sales are conducted by no more than two on-duty employees, (b) such employees shall receive no compensation for or based on the sale of the pull tabs or seal cards, and (c) such sales are conducted in the private social quarters of the organization. Currently, only members of an organization may participate in the conduct of charitable gaming. The bill also contains a technical amendment by deleting an obsolete provision in the charitable gaming law.
Patron - Sherwood

P HB2014

Testimony by child victims or witnesses. Expands the current law regarding testimony in cases involving child victims to include child witnesses. Under current law, when a criminal proceeding involves an offense against a child, the child or other child witnesses may testify using a two-way closed-circuit television. This bill would include murder of a person of any age when a child is a witness to the murder.
Patron - Watts

P HB2112

Stalking; changes in proof and definitions; penalty. Changes the proof of knowledge of the defendant in a stalking case from actual knowledge to a standard requiring that the defendant know or reasonably should know that his stalking conduct places another person in reasonable fear of death, criminal sexual assault, or bodily injury.
Patron - Suit

P HB2130

Concealed handgun permit application, reciprocity, definition of explosion; penalty. Defines concealed handgun permit application completion, redefines reciprocity requirements for recognition in Virginia of a permit issued by another state and redefines authority to ascertain another state's permit requirements for reciprocity. The bill also redefines explosion to include the requirement that combustible material causes the explosion.
Patron - McClure

P HB2223

Agricultural or forestry product, facility or animal. Makes it a Class 1 misdemeanor or a Class 6 felony, depending on the value of the property, to maliciously damage or destroy any farm product that is grown for testing or research purposes in the context of product development in conjunction with a private research facility or a university or any federal, state or local government and provides that a court shall determine the market value when awarding restitution. This bill is identical to SB 1187 (Trumbo).
Patron - Deeds

P HB2327

Possession or transportation of firearms or concealed weapons by convicted felons; penalties. Prohibits a convicted felon from possessing a stun weapon or taser except in his home. This bill is identical to SB 1306 (Newman).
Patron - Wright

P HB2375

Charitable Gaming Commission; regulations. Extends the moratorium until July 1, 2002, for which the Commission shall not revoke, suspend or deny a permit to any organization because of its failure to meet required minimum payments to charity. The bill also requires the Commission to conduct a study of fair market rental values for bingo halls.
Patron - Joannou

P HB2478

Defeating drug and alcohol screening tests; penalty. Provides that it is unlawful for a person to transport or market human urine in the Commonwealth with the intent of using the urine to defeat a drug or alcohol screening test. The bill also punishes adulteration of urine with the intent to defraud a drug or alcohol screening test. The penalty is a Class 1 misdemeanor.
Patron - Hall

P HB2483

Bodily injuries caused by accused persons, prisoners, state juvenile probationers and state and local adult probationers or adult parolees. Provides that it is a Class 5 felony for an accused being investigated by, or a probationer or parolee under the supervision of, a probation or parole officer or a local pretrial services officer, to knowingly and willfully inflict bodily injury on such officer while he is in the performance of his duty and knowing the officer is engaged in the performance of his duty. Currently the law does not apply to an accused person as the perpetrator or to a local pretrial services officer as the victim. This bill is identical to SB 1181 (Colgan).
Patron - Moran

P HB2485

VASAP case managers' oath of office. Provides that every case manager, and any other employee who is designated by the director of any VASAP-certified local alcohol safety action program operated pursuant to this article to provide probation and related services, shall take an oath of office as prescribed in § 49-1 before entering the duties of his office. This bill is identical to SB 1128 (Marsh).
Patron - Moran

P HB2486

Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated. Provides that a judge may waive the requirement that before restoring a driver's license to any person whose license to drive a motor vehicle has been suspended or revoked as a result of a conviction for driving while intoxicated he must successfully complete an alcohol safety action program. This bill is identical to SB 1127 (Marsh).
Patron - Moran

P HB2570

Informed written consent for abortion. Establishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials that must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geographical area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions which, on the basis of the physician's good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function. This bill is identical to SB 1211 (Forbes).
Patron - McDonnell

P HB2593

Use of a person's identity with the intent to coerce, intimidate, or harass; penalty. Provides that publishing a person's name or picture along with certain identifying information, with intent to coerce, intimidate, or harass, is a Class 1 misdemeanor. This bill is identical to SB 1246 and incorporates HB 2555.
Patron - Albo

P HB2623

Fingerprinting for concealed handgun license. Provides that for the purpose of applying for a concealed handgun permit, optically scanned fingerprints may be used instead of inked fingerprint cards and may be transmitted electronically by a locality to the State Police for the purpose of a criminal history records check. The bill also requires that all optically scanned fingerprints shall be destroyed upon completion of the criminal history records check.
Patron - Joannou

P HB2631

Carnal knowledge of certain persons. Provides that any employee of the Department of Juvenile Justice who carnally knows any detainee in a secure juvenile facility or detention home is guilty of a Class 6 felony.
Patron - O'Brien

P HB2673

DUI blood lab work. Ties fee for DUI blood lab work done by an independent lab for determination of blood alcohol content to the forensic laboratory's fee schedule and removes requirement that a second sample is only tested for drugs when the first sample (tested by the Commonwealth) shows the presence of drugs.
Patron - Albo

P HB2751

First offender; drugs. Limits the performance of substance abuse assessments to DMHMRSAS. The bill also reduces amount of community service required from 100 hours to 24 hours if the offense is a misdemeanor.
Patron - Moran

P HB2824

Identity fraud; assistance of the Attorney General. Provides that the Attorney General may provide assistance, not to include legal representation, to a victim of identity fraud in obtaining information necessary to correct inaccuracies or errors in his identifying information. The bill clarifies that the restitution allowed under the current law may include the person's actual expenses associated with correcting errors in the victim's credit report or other identifying information.
Patron - Byron

P SB801

Adult abuse and neglect. Rewrites the criminal statute to clarify the penalties when a responsible person abuses or neglects an incapacitated adult.
Patron - Reynolds

P SB824

HIV testing of criminal defendants. Amends the existing provision that allows the court to order HIV testing of persons charged with certain crimes to establish a procedure for a defendant whose competence is at issue. Prior to ordering testing a hearing must be held to determine that there is probable cause that the individual committed the crime. The defendant's attorney or guardian ad litem may be present at the hearing instead of the defendant. The same procedures will apply to individuals who refuse to consent to the test. This bill is a recommendation of the Committee on District Courts.
Patron - Marsh

P SB847

Threats; penalty. Rewrites threats statute to provide that it is a Class 6 felony to knowingly communicate in writing a threat to kill or do bodily injury which creates a reasonable apprehension of death or bodily injury. The bill also provides that any person who communicates a threat, in writing, including an electronically transmitted communication producing a visual or electronic message, to kill or do bodily harm, (i) on the grounds or premises of any elementary, middle or secondary school property, (ii) at a school-sponsored event or (iii) on a school bus to any person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat in reasonable apprehension of death or bodily harm, is guilty of a Class 6 felony. This bill is identical to HB 197 (Sherwood).
Patron - Couric

P SB862

Restricted driver's license. Expands the purposes for which a person may drive when issued a restricted driver's license to include medically necessary travel for an elderly parent with a serious medical problem and to make the purposes uniform among the various restricted license provisions. This bill incorporates SB 985 and SB 1126.
Patron - Norment

P SB904

Driving while intoxicated, review of DMV license suspension by Court. Reinstates language that affirms that the court trying a second-offense DUI shall order the surrender of the person's driver's license and shall notify such person that his license has been revoked for a period of three years. Current language is unclear as to whether the court has such authority. The bill also amends changes to DUI law made last year to clarify that second offense and third offense DUI must be alleged. Reinstates stricken language to clarify penalties. The bill also provides that any person aggrieved by any order or act of the Commissioner of the Department of Motor Vehicles requiring suspension or revocation of a license is entitled to judicial review and adds that the court may modify a suspension, issue a restricted license, or modify the order to correct a manifest injustice. The bill also provides that DMV will enforce requirements pertaining to ignition interlock systems if the court fails, without explanation for its reasoning, to require an offender to install an ignition interlock system as a second or subsequent offense under § 18.2-51.4 (maiming another while driving intoxicated), § 18.2-266 (driving while intoxicated) or a substantially similar ordinance of any county, city or town. This bill incorporates SB 1129.
Patron - Mims

P SB983

Commission on the Virginia Alcohol Safety Action Program (VASAP). Amends the Code of Virginia to clarify that Alcohol Safety Action Programs provide intervention, not treatment.
Patron - Rerras

P SB989

Indecent liberties with children; penalty. Rewrites the indecent liberties with children statute to clarify that, except for the portion on receiving remuneration for encouraging a child to perform in sexually explicit visual material, the child must be under 14 years of age for a crime to have occurred. The bill provides that a second or subsequent violation of the section prohibiting taking indecent liberties with a child by a person in custodial or supervisory relationship is a Class 5 felony. The bill also provides that a first offense under the taking indecent liberties with children sections is defined as a sexually violent offense; under current law the offense is not defined as such until the second offense. This means that a person would have to register with the Sexual Offender and Crimes Against Minors Registry after a first offense rather than a second offense and elevates the penalty for knowingly failing to register or reregister or knowingly providing false information from a Class 1 misdemeanor to a Class 6 felony.
Patron - Stolle

P SB998

Assault and battery of a correctional officer. Clarifies that enhanced penalties for assault and battery against correctional officers applies to jail officers in regional jail facilities as well as officers in local facilities.
Patron - Ruff

P SB1032

P SB1039

Presentence reports in sex offense cases. Requires the preparation of presentence reports in the following cases: the person is charged and adjudged guilty of a felony violation of rape (§ 18.2-61), carnal knowledge (§§ 18.2-63, 18.2-64.1 and 18.2-64.2), forcible sodomy (§ 18.2-67.1), marital sexual assault (§ 18.2-67.2:1), object sexual penetration (§18.2-67.2), aggravated sexual battery (§ 18.2-67.3), infected sexual battery (§ 18.2-67.4:1), third misdemeanor sex offense (§ 18.2-67.5:1), crimes against nature (§ 18.2-361), bigamy (§ 18.2-362), adultery and fornication (§ 18.2-366), conspiracy to cause spouse to commit adultery (§ 18.2-367), prostitution offenses (§§ 18.2-355, 18.2-356, 18.2-357, 18.2-358, and 18.2-368), indecent liberties (§§ 18.2-370 and 18.2-370.1), or § 18.2-370.2, or any attempt to commit or conspiracy under general conspiracy (§§ 18.2-22 and 18.2-26), sexual offenses attempts (§ 18.2-67.5), subsequent felony sexual assault (§ 18.2-67.5:2) or subsequent violent felony sexual assault (§ 18.2-67.5:3). The bill also makes two technical amendments to remove § 18.2-57.1 (repealed), and to remove maiming (§ 18.2-51.4), which is covered under the general felony category for presentence reports.
Patron - Stolle

P SB1069

Gift certificates; larceny. Adds gift certificates to the statute making the obtaining of money or other property by false pretenses with the intent to defraud larceny and a Class 4 felony.
Patron - Quayle

P SB1127

Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated. Provides that a judge may, for good cause shown, waive the requirement that before restoring a driver's license to any person whose license to drive a motor vehicle has been suspended or revoked as a result of a conviction for driving while intoxicated he must successfully complete an alcohol safety action program. This bill is identical to HB 2486 (Moran).
Patron - Marsh

P SB1128

VASAP case managers' oath of office. Provides that every case manager, and any other employee who is designated by the director of any VASAP-certified local alcohol safety action program operated pursuant to this article to provide probation and related services, shall take an oath of office as prescribed in § 49-1, by a person authorized to administer oaths pursuant to § 49-3, before entering the duties of his office. This bill is identical to HB 2485 (Moran).
Patron - Marsh

P SB1177

Charitable Gaming Commission; determination of gross receipts. Provides that the proceeds from pull tabs or seal cards shall not be included in determining the gross receipts for a qualified organization provided the gaming (i) is limited exclusively to members of the organization and their guests, (ii) is not open to the general public, and (iii) there is no public solicitation or advertisement made regarding such gaming. The bill also provides that pull tabs or seal cards may be sold only upon the premises owned or exclusively leased by a qualified organization and at such times as such premises are open only to members of the organization and their guests.
Patron - Potts

P SB1178

Modification of sentencing guidelines for methamphetamine. Requires the Virginia Criminal Sentencing Commission to develop discretionary felony sentencing guidelines for methamphetamine-related convictions and to assess the quantity of methamphetamine seized in such cases with regard to recently amended provisions of subsection H of § 18.2-248. The assessment must be completed by December 1, 2001. This bill is identical to HB 2356 (Weatherholtz).
Patron - Potts

P SB1181

Bodily injuries caused by accused persons, prisoners, state juvenile probationers and state and local adult probationers or adult parolees. Provides that it is a Class 5 felony for a probationer or parolee under the supervision of a probation officer, any parole officer or a local pretrial services officer, to knowingly and willfully inflict bodily injury on such officer while he is in the performance of his duty. Currently the law does not apply to a local pretrial services officer or local probation officer. This bill is identical to HB 2483 (Moran).
Patron - Colgan

P SB1187

Agricultural or forestry product, facility or animal. Makes it a crime to maliciously damage or destroy any farm product that is grown or operated for testing or research purposes in the context of product development in conjunction with a private research facility or a university or any federal, state or local government and provides that a court shall determine the market value when awarding restitution. The crime is a Class 6 felony if the value of the product was $200 or more and a Class 1 misdemeanor if the value was less than $200. This bill is identical to HB 2223.
Patron - Trumbo

P SB1211

Abortion, informed written consent as a prerequisite; penalty. Establishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials that must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geographical area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions that, on the basis of the physician's good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function. Additionally, the bill provides that jurisdiction lies in the general district courts for a violation of the informed consent provisions. This bill is identical to HB 2570 (McDonnell).
Patron - Forbes

P SB1246

Use of a person's identity with the intent to coerce, intimidate, or harass; penalty. Provides that publishing a person's name or picture along with certain indentifying information, with intent to coerce, intimidate, or harass, is a Class 1 misdemeanor. This bill is identical to House Bill 2593.
Patron - Watkins

P SB1259

Sex crimes. Increases penalties for certain sex crimes. The bill also delays the effective date of the provisons regarding civil commitment of sexually violent predators from July 1, 2001, to January 1, 2003.
Patron - Norment

P SB1306

Possession or transportation of stun weapons by convicted felons; penalties. Punishes the carrying of a stun weapon or taser by a convicted felon, except in such person's residence or the curtilage thereof, as a Class 1 misdemeanor. This bill is identical to HB 2327 (Wright).
Patron - Newman

P SB1353

Protective orders; firearms. Amends statute that disallows a person from purchasing or transporting a firearm if the person is subject to a protective order; to provide that protective orders issued by another state or by the United States are covered by the prohibition.
Patron - Howell

P SB1394

Computer invasion of privacy. Raises the penalty for committing the crime of computer invasion of privacy from a Class 3 misdemeanor to a Class 1 misdemeanor. Computer invasion of privacy is using a computer to intentionally examine without authority any employment, salary, credit or other financial or personal information relating to another person when the offender knows or should know that he is without authority to view the information displayed.
Patron - Hanger

F Failed

F HB1555

Possession or transportation of firearms or concealed weapons by convicted felons; penalties. Prohibits a convicted felon from carrying a stun weapon or taser. This bill has been incorporated into HB 2327.
Patron - Bryant

F HB1561

Obstruction of justice. Adds clerk and deputy clerk to the list of persons and officials with whom it is illegal to interfere, impede or intimidate.
Patron - Jones, J.C.

F HB1607

Possession of firearms while in possession of controlled substances; penalty. Clarifies that a violation of subsection A or B of § 18.2-308.4 is a separate and distinct felony.
Patron - Weatherholtz

F HB1608

Assault and Battery; penalty. Includes any attorney for the Commonwealth or assistant attorney for the Commonwealth within the definition of "law-enforcement officer" for the purposes of assault and battery.
Patron - Weatherholtz

F HB1609

Assault and battery against a family member; penalty. Requires that a third conviction of assault and battery against a family member include a mandatory, minimum term of confinement of at least one year, which shall not be suspended, in whole or in part.
Patron - Weatherholtz

F HB1655

Concealed handgun permits. Provides that a valid concealed handgun or concealed weapon permit or license issued by another state shall be valid in the Commonwealth if the permit holder or license holder is 21 years of age or older and that the permit holder or license holder shall have the same rights and be subject to the same restrictions as a person licensed to carry a concealed handgun by the Commonwealth of Virginia.
Patron - Abbitt

F HB1656

Capital murder defined; penalty. Makes the killing of a person for the purpose of preventing that person from testifying in any judicial proceeding a capital offense.
Patron - Parrish

F HB1712

Possessing dangerous weapons in certain county-owned or operated facilities; penalty. Provides that the governing body of any county that has adopted the urban county executive form of government may, by ordinance, make it unlawful and punishable as a Class 1 misdemeanor for any person to possess a dangerous weapon while in any county-owned building. The bill also provides that any such ordinance shall include appropriate exceptions for educational, instructional, theatrical and historical events, and shall not apply to the following individuals: (i) any law-enforcement officer, as defined by § 9-169; (ii) any game warden, animal warden, or deputy animal warden; (iii) any special police officer; or (iv) any magistrate, court officer or judge. The bill requires that notice of the ordinance shall be posted at each public entrance of every county-owned building.
Patron - Scott

F HB1719

Drug-free day care zone. Prohibits sale, manufacture, etc. of illegal controlled substances upon the property of any licensed (i) child-caring institution, (ii) child day center, or (iii) family day home as defined in § 63.1-195 or upon public property or property open to public use within 1,000 feet of such an institution. An offense would be a felony punishable by one to five years imprisonment and a fine of no more than $100,000.
Patron - Byron

F HB1827

Death penalty. Abolishes the death penalty for Class 1 felonies committed on or after July 1, 2001, and mandates the punishment upon conviction as life imprisonment without the possibility of parole. By virtue of the second enactment clause, the bill does not affect anyone who was convicted of or committed a Class 1 felony prior to the effective date of the bill. The bill leaves the majority of death penalty related statutes intact for the prosecution or appeal of a death sentence occurring prior to the change in the law.
Patron - Hargrove

F HB1850

Restricted license issuance following drug conviction. Adds two new options for a restricted license following a drug conviction which, if no restricted license were issued, would require forefeiture of one's driver's license for one year. The new options allow driving for the purpose of finding employment and in order to go to and from court-ordered community service. This provision also applies to a person who, though guilty, is not found guilty of a drug offense because of "first-offender" status. This bill has been incorporated into HB 1833.
Patron - McQuigg

F HB1867

Disposal of drug-related substances. Exempts triple beam scales from the requirement that all seized drugs and drug paraphernalia be destroyed. Such scales are forfeited to the Commonwealth. This bill has been incorporated into HB 2074.
Patron - Orrock

F HB1891

Affirmative defense to prosecution for abuse and neglect; Infant receiving facilities; emergency custody of abandoned children. Provides that when any person voluntarily delivers a child no older than 72 hours to an infant receiving facility, the person will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon the delivery of the child to an infant receiving facility. Infant receiving facilities include hospitals and police departments. Other facilities may opt in by complying with standards set up by the Department of Health and the Department of Social Services. The person may remain anonymous. Personnel who accept these children would be immune from liability absent gross negligence or willful misconduct. The Department of Social Services, in conjunction with the Department of Health, shall launch a media campaign to promote safe placement alternatives for newborn infants and publicize the emergency custody for certain abandoned children procedures. This bill incorporates HB 1633, HB 2154, HB 2533, and HB2581.
Patron - Griffith

F HB1895

Stopping payment on checks; larceny; penalty. Provides that any person who, when making a payment for purchase of non-perishable goods with a check, draft or order, stops payment on the check, draft or order, with intent to defraud, before the seller is able to cash the instrument, shall be guilty of larceny. The bill also provides that intent to defraud is presumed unless, after notice from the seller that the check was returned, the purchaser either returns the goods or pays the seller the amount owed.
Patron - Griffith

F HB1997

Battery of a school employee. Provides that if any person commits a battery against another, knowing or having reason to know that such other person is full-time or part-time personnel who has direct contact with students in any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a mandatory, minimum sentence of 15 days in jail, two days of which shall not be suspended in whole or in part. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory, minimum sentence of confinement of six months, which shall not be suspended in whole or in part. Currently, the law only covers a teacher, principal, assistant principal, or guidance counselor.
Patron - Parrish

F HB2055

Unlawfully dealing with inflatable restraint systems. Makes unlawful and punishable as a Class 5 felony any reinstallation of a used motor vehicle air bag system, or installation of an air bag cover without an air bag in a motor vehicle, unless there is accompanying notice that there is no air bag installed.
Patron - Albo

F HB2102

Minimum mandatory punishment for battery, etc., that causes bodily injury. Provides that any violation of certain specified battery crimes that results in a bodily injury to another shall, in addition to the punishment set forth in the law for that act, be punishable by a minimum, mandatory period of confinement of 30 days that shall not be suspended in whole or in part.
Patron - Albo

F HB2107

Permitting or causing endangerment of a minor; penalty. Provides that any person who has custody of a minor and who causes or permits the life, health, safety or morals of such minor to be endangered, or causes or permits such minor to be tormented or cruelly treated, is guilty of a Class 6 felony or, in the discretion of the finder of fact, may be punished as an accessory before the fact.
Patron - Pollard

F HB2125

Partial birth abortion. Deletes the existing definition of a partial birth abortion and replaces it with the definition used by the American College of Obstetricians and Gynecologists (ACOG). The bill also provides that a physician is not guilty of a violation of the section if, prior to the procedure, two independent physicians certify that the partial birth abortion is necessary to save the life of the mother.
Patron - McClure

F HB2131

Application form and proof of residency for firearm purchase. Provides that any person purchasing a firearm from a dealer shall fill out a consent form for the acquisition of his criminal history record information, which does not require information equivalent to that required by the Bureau of Alcohol, Tobacco and Firearms (BATF). Currently, the BATF information is required. The bill also reduces the requirement for proof of Virginia residency to production of a government-issued photo-identification. The bill removes the requirement that the Department of Education, in conjunction with the Department of Game and Inland Fisheries, develop a standard informational form and posted notice to be furnished to each licensed firearms dealer in the Commonwealth to provide basic information of the laws governing the purchase, possession and use of firearms.
Patron - McClure

F HB2146

Child custody and visitation. Amends the criminal penalty provision for violation of a court order respecting the custody or visitation of a child by providing that the sworn statement of any person, administered under oath, supported by a party's affidavit and verification of the court order, constitutes sufficient probable cause for the issuance of a warrant. A provision is added to the determination of custody and visitation statute that the intentional withholding of visitation of a child from the other parent without just cause may constitute a material change of circumstances justifying a change of custody in the discretion of the court.
Patron - Dillard

F HB2147

Guns on school property. Prohibits firearms on the grounds of a public school unless unloaded, in a closed container and in a motor vehicle. The bill does not change the provisions regarding use of a weapon as part of the school curriculum in private schools but would no longer allow such use in a public school.
Patron - Dillard

F HB2150

Violation of court order regarding custody and visitation; penalty. Clarifies that a complaint for a violation of a custody or visitation order shall be filed and tried in the venue where the alleged violation occurred. The bill also specifies that the juvenile and domestic relations district court and the circuit court shall have concurrent jurisdiction to prosecute misdemeanor offenses for such violations. The bill also 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. The bill also raises penalties for knowingly, wrongfully and intentionally engaging in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child.
Patron - Dillard

F HB2203

Issuance of restricted licenses. Standardizes purposes for which a restricted license may be issued.
Patron - Almand

F HB2259

Threatening to discharge a firearm. Provides that any person who writes or composes and sends a message, whether signed or anonymous, that contains a threat to discharge a firearm to kill or injure another in the buildings or on the grounds of any public, private or parochial elementary, middle or secondary school, on any school bus, or at the location of any school-sponsored activity is guilty of a Class 1 misdemeanor.
Patron - Watts

F HB2279

Definition of assault and battery. Clarifies that for the purposes of a prosecution or civil action under any provision of the Code of Virginia, the term assault and battery includes simple assault, assault, battery, assault and battery. Current Code sections use any combination of these terms, which has caused confusion in various courts.
Patron - Barlow

F HB2308

Unsolicited faxes. Raises the amount recoverable in a civil action for unsolicited commercial faxes from $200 to $1,000.
Patron - Bolvin

F HB2309

Crimes against nature; penalty. Reduces the penalty for crimes against nature between consenting adults from a Class 6 felony to a Class 4 misdemeanor.
Patron - Brink

F HB2334

Assault and battery of a probation officer. Adds local probation officers and local pretrial services officers to the section on assault and battery of a probation officer.
Patron - Blevins

F HB2347

Ballistic fingerprinting of handguns; penalty. Requires that any manufacturer of firearms that ships or transports a handgun to be sold, rented, or transferred in the Commonwealth of Virginia shall include, in the box with the handgun in a separate sealed container, a shell casing of a projectile discharged from that handgun and any additional information that may be required by the Superintendent of State Police that identifies the type of handgun and shell. The bill also provides that upon receipt of a handgun from the manufacturer, the dealer shall confirm to the Department of State Police that the manufacturer complied with the provisions of subsection B and that upon the sale or transfer of the handgun, the dealer shall forward the shell casing in the sealed container to the Department of State Police and that upon receipt of the shell casing and any required additional information, the Department of State Police shall enter the information in all pertinent databases. Violation of the section would be a Class 1 misdemeanor.
Patron - McEachin

F HB2348

Child safety locks required for sale or transfer of firearms. Makes it unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun (i) to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun, or (ii) to any person, unless the handgun is accompanied by a warning in conspicuous and legible type in capital letters printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun, warning that handguns should be locked and kept away from children and that there may be civil and criminal liability for failing to do so.
Patron - McEachin

F HB2369

Deadly physical force. Grants the occupant of a dwelling immunity from civil liability for any injury or death resulting from the occupant's use of force, including deadly physical force, against a person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling and the occupant believes he or another person in the dwelling is in imminent danger of bodily harm.
Patron - Joannou

F HB2403

Feticide. Provides that it is homicide if any person knowingly or recklessly causes the death of a fetus, at any stage of its development, by a physical injury to the mother that would be sufficient to convict such person of homicide if the mother had died, provided that (i) the act or acts resulting in the death of the fetus were not a lawful abortion or an abortion to which the pregnant woman consented, and (ii) the person who committed the act or acts resulting in the death of the fetus was not the pregnant woman whose fetus was killed.
Patron - Kilgore

F HB2435

Possession or transportation of firearms by felons. Clarifies that a felon can violate the possession or transportation statute, whether or not the firearm is operable.
Patron - Weatherholtz

F HB2441

Hate crimes. Adds "sexual orientation" to the categories of victims whose selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor or Class 6 felony penalty. The penalty includes a six-month minimum, mandatory sentence, 30 days of which cannot be suspended.
Patron - Almand

F HB2450

Escape and custody. Redefines the law of custody as follows: A person shall be deemed to be lawfully in the custody of a law-enforcement officer if, when he receives an oral communication from the officer that he is under arrest, (i) the officer has the immediate ability to place the person under formal arrest, and (ii) a person of ordinary intelligence and understanding who received such communication would know that he is not free to leave. This change overrules the holding in Cavell v. Commonwealth, 28 VA. App. 484, 506 S. E. 2d 552 (1998)
Patron - Clement

F HB2458

Using prescriptions not as prescribed; penalty. Makes it unlawful for any person to introduce into the body a prescribed drug in a manner inconsistent with the prescribed use if the sole intent of the user is to become intoxicated. A violation would be a Class 1 misdemeanor.
Patron - Phillips

F HB2553

Emergency custody of certain abandoned children. Provides that if a parent voluntarily delivers physical custody of a child no older than 72 hours to a licensed hospital and does not express an intent to return for the child, the hospital shall take physical custody of the child, take any action necessary to protect the child's physical health and safety and immediately notify the local board of social services. The parents may remain anonymous and are presumed to have consented to termination of their parental rights. Hospital personnel who accept these children would be immune from civil and criminal liability. The Commonwealth shall reimburse the hospital for the hospital's actual expenses in accepting and caring for the child. The local board of social services shall assume the care, control and custody of the child immediately upon receipt of notice from the hospital and petition the court for a preliminary protective order for the child, hold a hearing the next business day and appoint a guardian ad litem. The bill provides an affirmative defense to prosecution for abuse and neglect for parents solely on the basis that they voluntarily abandoned their child. The bill requires the Board of Health to implement regulations requiring licensed hospitals to implement protocols for taking physical custody of abandoned children. The local department of social services shall contact local law-enforcement to determine whether the abandoned child is a missing child and maintain records on the number of children who have been abandoned and forward the information to the Department of Social Services. The Department of Social Services shall file an annual report with the General Assembly on the statewide number of abandoned children. The Department of Social Services, in conjunction with the Department of Health, shall launch a media campaign to promote safe placement alternatives for newborn infants and publicize the emergency custody for certain abandoned children procedures. This bill has been incorporated into HB 1891.
Patron - O'Brien

F HB2555

Facilitating, encouraging, or inviting crimes against person or property by computer; penalty. Provides that using a computer or computer network to communicate another person's contact information, including but not limited to identifying information, phone number, street address, and electronic mail address (i) to facilitate, encourage, or invite a third party to contact the other person to make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act, or (ii) to facilitate, encourage, or invite a third party to cause harm to the other person's property or person, and the third party attempts to cause harm to the other person's property or person is a Class 1 misdemeanor. If the victim of such crime is a minor, and the person committing the crime knew or should have known that the victim was a minor, the person is guilty of a Class 6 felony. This bill has been incorporated into HB 2593.
Patron - O'Brien

F HB2579

Refusal of blood or breath test; DUI. Provides that if a person arrested for DUI is unable to go before the magistrate due to the need for medical treatment, the arresting officer may certify the person's refusal to take a blood or breath test. The bill also provides that in lieu of securing a warrant, the arresting officer may issue a summons on the premises of the medical facility for refusal to submit to a test.
Patron - McDonnell

F HB2581

Affirmative defense to prosecution for abuse and neglect; infant receiving facilities; emergency custody of abandoned children. Provides that when parent voluntarily delivers a child no older than 72 hours to an infant receiving facility, the parent will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon the parent's delivery of the child to an infant receiving facility. Infant receiving facilities include hospitals, local departments of health, local departments of social services, or rescue squads or fire departments that include emergency medical technicians. The parents may remain anonymous. However, the parents will be given a personal identification number and a toll-free telephone number so that they may contact social services to provide information about the health or family history of the infant. The parents are presumed to have consented to termination of their parental rights if they do not contact the Department of Social Services within 30 days of delivering the child to the facility. Personnel who accept these children would be immune from liability absent gross negligence or willful misconduct. The Department of Social Services, in conjunction with the Department of Health, shall launch a media campaign to promote safe placement alternatives for newborn infants and publicize the emergency custody for certain abandoned children procedures. This bill has been incorporated into HB 1891.
Patron - McDonnell

F HB2586

Sexually explicit material involving children. Amends the definition of sexually explicit material to include material that appears to have as a subject a person under the age of 18 years, whether a real person or an apparently real person.
Patron - Devolites

F HB2632

Sex crimes. Provides that a first offense of engaging in or soliciting another to engage in sexual intercourse, masturbation, cunnilingus, fellatio, anallingus or anal intercourse in a public place is a Class 1 misdemeanor. A second or subsequent conviction is a Class 6 felony. The bill also amends the non-relative portion of the crimes against nature statute to make it applicable only to persons under 18. The bill also makes voluntary submission to carnal knowledge with certain relatives a Class 5 felony.
Patron - Moran

F HB2658

Elimination of restriction on handguns in restaurants that serve alcohol. Removes current prohibition on taking a concealed handgun into a restaurant that serves alcohol.
Patron - Ware

F HB2662

Concealed weapons. Allows a personal protection specialist, registered by the Department of Criminal Justice Services pursuant to § 9-183.1 et seq. and employed by a private security business licensed in the Commonwealth, to apply to the clerk of the circuit court of any county or city in Virginia for a permit to carry a concealed handgun. Currently, all persons shall apply to the clerk of the circuit court of county or city in which they reside.
Patron - McClure

F HB2666

Sending of obscene pornography to a minor by computer; penalty. Defines "obscene for minors" and sets forth proscribed behavior using a computer for transmitting obscene pornography to a minor under the age of 17. The crime would be a Class 1 misdemeanor.
Patron - Marshall

F HB2677

Procedure for taking DUI blood samples. Removes very specific skin and tool cleansing techniques for removal of blood for a DUI blood sample and substitutes language requiring the use of recognized medical procedures.
Patron - Bennett

F HB2690

Crimes against public and private school employees. Provides that any person who commits battery against any resource officer or safety specialist of any public or private elementary or secondary school engaged in the performance of his duties shall be guilty of a Class 1 misdemeanor with a two-day mandatory minimum or a six-month mandatory minimum if a weapon is used. Expands the current teacher exception to what is an assault and battery to include any school employee.
Patron - Welch

F HB2732

Possession of firearms following the conviction of certain crimes. Prohibits persons convicted of stalking, sexual battery or assault and battery on a family member (which results in serious bodily injury) from possessing or transporting firearms for a period of five years following conviction. There is a provision to allow the person to petition the circuit court to reinstate the right to carry or transport firearms.
Patron - Scott

F HB2784

Virginia Charitable Gaming Commission. Abolishes the Virginia Charitable Gaming Commission and restores the administration and enforcement of charitable gaming laws to local governing bodies effective July 1, 2002. The bill contains several technical amendments.
Patron - Robinson

F HB2798

Aggravated malicious wounding of a pregnant woman; penalty. Specifies that a person convicted of aggravated malicious wounding of a pregnant woman shall be sentenced to imprisonment for life. Under current law, the person can be sentenced to a term of 20 years to life.
Patron - McEachin

F HB2807

Obscenity, pornography. Redefines "obscene," "child pornography" and "sexually explicit conduct" and raises the punishment for possession of child pornography to a Class 6 felony. The bill also defines "hard core pornography" and punishes the possession for distribution thereof as a Class 1 misdemeanor. Additionally, the bill raises the monetary penalties for subsequent offenses of possession, sale, etc., of obsccene and pornographic materials.
Patron - Marshall

F SB508

Inhalants; selling to minors. Makes it a Class 2 misdemeanor to sell to a minor any drugs or any other noxious substances or chemicals containing any ketone, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors that he knows or has reason to know will be inhaled or smelled by the minor to intoxicate, inebriate, excite, stupefy or to dull his brain or nervous system.
Patron - Reynolds

F SB830

Possession of open container of alcohol in motor vehicle; penalty. Provides that it is unlawful for any person, knowingly or intentionally to possess any alcoholic beverage in the passenger area of a motor vehicle while on a public highway, in other than the manufacturer's unopened, original container. If the seal on a container of an alcoholic beverage is broken or some of the contents have been removed, the container is presumed to be open. The offense is punishable as a traffic infraction. This bill incorporates SB 982.
Patron - Norment

F SB880

Concealed weapons permit applications. Provides that a county or city may enact an ordinance that requires any applicant for a concealed handgun permit to submit to fingerprinting for the purpose of obtaining the applicant's state or national criminal history record for the initial application only or for both the initial application and applications for reissuance. Currently it is unclear whether the ordinance may be written to apply to the initial application only or subsequent applications (for reissuance) as well.
Patron - Martin

F SB897

Companion animals. Provides that it is a Class 6 felony to kill a companion animal.
Patron - Reynolds

F SB933

Firearm locks required for sale or transfer of handguns; warning against accessibility to children; penalty. Makes it unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun (i) to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun, or (ii) to any person, unless the handgun is accompanied by a warning in conspicuous and legible type in capital letters printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun, warning that handguns should be locked and kept away from children and that there may be civil and criminal liability for failing to do so.
Patron - Howell

F SB982

F SB985

Issuance of restricted licenses. Standardizes purposes for which a restricted license may be issued. This bill has been incorporated into SB 862.
Patron - Rerras

F SB1005

Hate crimes; penalty. Adds sexual orientation to the categories of victims whose selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor or Class 6 felony penalty. The penalty includes a six-month sentence, 30 days of which are a mandatory, minimum term. The bill also expands the terroristic act reporting requirements of the State Police, and the availability of specific injunctive relief for acts motivated by hate.
Patron - Ticer

F SB1067

Assault and battery; family or household member. Clarifies that assault is included under this section, not just assault and battery.
Patron - Quayle

F SB1126

Restricted license on conviction of reckless driving. Provides that a court may, in its discretion and for good cause shown, provide that a person convicted of reckless driving be issued a restricted permit to operate a motor vehicle for, among other things, travel to and from an alcohol safety action program. This bill has been incorporated into SB 862.
Patron - Marsh

F SB1129

Ignition interlock requirements. Provides that DMV will enforce requirements pertaining to ignition interlock systems if the court fails to require an offender to install an ignition interlock system as a condition of a restricted license or as condition of license restoration when the offender is convicted of a second or subsequent offense under §18.2-51.4 (maiming another while driving intoxicated), §18.2-266 (driving while intoxicated) or a substantially similar ordinance of any county, city or town. This bill has been incorporated into SB 904.
Patron - Marsh

F SB1156

F SB1202

Obstruction of justice. Provides that any person who obstructs a clerk or deputy clerk of any court in the performance or discharge of his duties or refuses to cease such obstruction when asked is guilty of a crime, the punishment for which is based on the nature of the obstruction.
Patron - Forbes

F SB1287

Sexually explicit material. Amends the definition of sexually explicit material to include material that appears to have as a subject a person under the age of 18 years.
Patron - Rerras

F SB1294

Computer trespass. Expands the definition of computer trespass to specifically include government computers. If the trespass involves a government computer and (i) is caused by such person's reckless disregard for the consequences of his act, the offense shall be punished as a Class 1 misdemeanor, or (ii) is caused by such person's malicious act, the offense shall be punished as a Class 6 felony.
Patron - Mims

F SB1298

Multiple felonious assaults; penalty. Creates a new punishment for conviction of multiple felonious assaults and felonious assaults combined with murders that are part of the same act or transaction. A violation of this section would be a separate and distinct offense and punishment may be imposed in addition to any punishment imposed for violation of the predicate offenses.
Patron - Mims

F SB1309

Acquiring a confidential record by impersonation; penalty. Provides that any person who impersonates another person, without the consent of that person, and acquires a confidential record containing personal information held by the Secretary of Health and Human Resources or its various agencies, is guilty of a Class 1 misdemeanor.
Patron - Newman

F SB1400

Bawdy place. Adds a bawdy place to those premises deemed a common nuisance. A bawdy place is defined in § 18.2-347 as "any place within or without any building or structure which is used or is to be used for lewdness, assignation or prostitution." Any owner or lessor, etc. who permits or maintains a common nuisance is guilty of a Class 1 misdemeanor and for a second or subsequent offense a Class 6 felony.
Patron - Rerras

F SB1417

Testimony of teachers in custody or visitation hearings. Provides that in any case in which a teacher is subpoenaed to testify at a hearing or deposition regarding the custody or visitation of a child, the issuing party shall schedule the testimony for a time that does not conflict with the teacher's teaching schedule or be subject to attorneys' fees and the cost of hiring a substitute teacher.
Patron - Forbes

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

2001 SUMMARY HOME | DLS | GENERAL ASSEMBLY