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Criminal Procedure

P Passed

P HB13

Conservators of the peace. Adds special agents and law-enforcement officers of the Department of Defense to the list of those persons considered conservators of the peace while performing their duties. This bill is identical to HB 1632.
Patron - Marshall

P HB1311

Capital case bill of review. Establishes a procedure for the storage, preservation and retention of human biological evidence in felony cases. The bill also establishes a procedure for a convicted felon to petition the circuit court that entered the conviction to apply for a new scientific investigation of human biological evidence. The following elements must be met for the court to order the testing: (i) the evidence was not known or available at the time the conviction became final or not previously tested because the testing procedure was not available at the Division of Forensic Science at the time; (ii) the chain of custody establishes that the evidence has not been altered, tampered with, or substituted; (iii) the testing is materially relevant, noncumulative, and necessary and may prove the convicted person's actual innocence; (iv) the testing requested involves a scientific method employed by the Division of Forensic Science; and (v) the convicted person did not unreasonably delay the filing of the petition after the evidence or the test for the evidence became available. The petition must also state the reasons the evidence was not known or tested by the time the conviction became final and the reasons that the newly discovered or untested evidence may prove the actual innocence of the person convicted. A procedure for the issuance of a writ of actual innocence for persons convicted of a felony upon a plea of not guilty or for any person sentenced to death or convicted of a Class 1 or 2 felony or a felony for which the maximum penalty is life imprisonment is established. The petition is to be filed with the Supreme Court and must allege: (a) that the petitioner's conviction qualifies; (b) that the petitioner is actually innocent of the crime for which he was convicted; (c) an exact description of the human biological evidence and the scientific testing supporting the allegation of innocence; (d) that the evidence was not previously known or available to the petitioner or his trial attorney of record at the time the conviction became final, or if known, was not subject to the scientific testing for the reasons set forth in the petition; (e) the date the test results under § 19.2-327.1 became known to the petitioner or any attorney of record; (f) that the petitioner or his attorney of record has filed the petition within 60 days of obtaining the test results under §19.2-327.1; (g) that the petitioner is currently incarcerated; (h) the reasons the evidence will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt; and (i) for any conviction which became final in the circuit court after June 30, 1996, that the evidence was not available for testing under § 9-196.11. If the Supreme Court determines that a resolution of the case requires further development of the facts, it may order the circuit court to conduct a hearing to certify findings of fact on certain issues. After considering the petition and the Commonwealth's response, the previous records of the case, the record of any hearing on newly tested evidence and any findings certified from the circuit court, the Supreme Court may dismiss the petition or vacate or modify the conviction. This bill is identical to SB 1366.
Patron - Almand

P HB1632

Conservators of the peace. Adds special agents and law-enforcement officers of the Department of Defense to the list of persons considered conservators of the peace while performing their duties. This bill is identical to HB 13.
Patron - Moran

P HB1720

Criminal history record information. Allows the chairmen of the Courts Committees to request VCIN criminal history record information on judicial candidates.
Patron - Byron

P HB1742

Expungement of police and court records. Replaces the Department of Criminal Justice Services with the Department of State Police as the agency that will receive from the clerk of court a copy of the court order that expunges police and court records of a person charged with a crime and who is acquitted, takes a nolle prosequi or is pardoned. This bill is identical to SB 879 (Watkins).
Patron - Griffith

P HB1754

Reports made to the National Crime Information Center (NCIC). Requires a law enforcement agency receiving a warrant or capias for the arrest of a person on a felony charge to enter the information into the National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation, within 72 hours of the receipt of the warrant or capias. Under current law, the 72 hour requirement only applies to entering information into the Virginia Criminal Information Network (VCIN). This bill is identical to SB 992 (Stolle).
Patron - McDonnell

P HB1756

Filing of claims. Allows the filing of claims by victims of crimes to be delayed by the Workers' Compensation Commission for good cause shown. Currently, such claims must generally be filed one year after the occurrence of the crime.
Patron - McDonnell

P HB1890

Preliminary protective orders in cases of family abuse and stalking. Provides that, upon motion of the respondent and for good cause shown, the court may continue the hearing for a determination on the issuance of a permanent protective order. Current law requires that the hearing be held within 15 days of the issuance of the preliminary order and provides no opportunity for a continuance.
Patron - Griffith

P HB1953

Proof of the failure to comply with the duty register or reregister as a sexually violent offender. Requires the State Police to furnish an affidavit to the jurisdiction prosecuting a person for the failure to comply with the duty to register or reregister as a sexually violent offender. Such affidavit shall be admitted in court as proof of the failure to register, and will therefore alleviate the need for the custodian of the records at the State Police to travel to the various courts across the Commonwealth to testify as to the record. The affidavit must be provided to the registrant or his counsel seven days before a hearing.
Patron - Cox

P HB2074

Sale of forfeited property. Provides that a court may authorize the gift of scales to a person or entity when forfeited pursuant to a drug prosecution if the person or entity can show sufficient need and a publicly beneficial use for the property. This bill incorporates HB 1867.
Patron - Landes

P HB2101

Court costs and fines. Increases the number of days from 10 to 15 during which a person has to pay fines or costs or enter into an installment agreement before various consequences set in (collection activity, one-time account management fee, suspension of motor vehicle license). This bill is a recommendation of the Committee on District Courts.
Patron - Watts

P HB2204

Release on bond. Clarifies that the conditions of release in subsection A apply to misdemeanors as well as felonies. House Bill 1533 (2000) added the first two sentences of subsection A providing that certain persons arrested for a felony could be released only on secure bond. The felony language added in 2000 created confusion as to whether the conditions of release still applied to misdemeanors. This bill is a recommendation of the Committee on District Courts.
Patron - Almand

P HB2281

Registration required of persons convicted of certain offenses. Requires that the State Police forthwith post information on the Internet regarding a sexually violent offender.
Patron - Barlow

P HB2352

Victim participation in plea agreements. Provides that upon written request of the victim in a felony case, the attorney for the Commonwealth must inform the victim of the contents of a proposed plea agreement and obtain the victim's views concerning plea negotiations. 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. The bill also provides that the victim may request to be notified of any proceeding in which the plea agreement will be tendered to the court. There is a provision stating that the duty to consult the victim does not limit the ability of the attorney for the Commonwealth to exercise his discretion concerning the handling of any criminal charge. This bill is identical to SB 1356 (Mims).
Patron - McEachin

P HB2421

Issuance of Governor's warrant of arrest. Provides that any electronically transmitted Governor's warrant of arrest shall be treated as an original document if it precedes receipt of the original by no more than four days. This bill is identical to SB 1036 (Stolle).
Patron - Wardrup

P HB2575

Search warrants. Provides that a search warrant may be directed jointly to a local law-enforcement officer and an agent or special agent of the United States Naval Criminal Investigative Service. This bill is identical to SB 984 (Rerras).
Patron - McDonnell

P HB2578

When interest to be paid on award of restitution. Clarifies that if a court order for restitution requires interest but does not specify that the interest shall accrue from the date of the loss or damage, the interest shall automatically accrue from the date of the sentencing order.
Patron - McDonnell

P HB2580

Counsel in capital cases. Directs the Supreme Court of Virginia and the Public Defender Commission to develop standards and a list of capital qualified attorneys to represent both indigent and non-indigent defendants. Under current law, the Public Defender Commission develops the list and the standards, which only apply when a defendant is indigent. Additionally, the new qualifications are required to take into account current training in the analysis and introduction of forensic evidence, including deoxyribonucleic acid (DNA) testing and the evidence of a DNA profile comparison to prove or disprove the identity of any person.
Patron - McDonnell

P HB2683

Compensation of court-appointed counsel. Provides that when counsel is appointed to defend an indigent charged with a felony, such counsel shall receive compensation as provided for defending such a felony, regardless of whether the charge is reduced or amended to a misdemeanor or lesser felony prior to final disposition of the case. Currently, appointed counsel are paid based on the nature of the conviction at final disposition and the pay is based on severity of the crime.
Patron - Barlow

P HB2701

Authority for release of mental health information for concealed handgun permit. Revises state and federal code references and adjusts language to assure that the State Police have access to information on involuntary commitment for mental health treatment or restoration of capacity for those persons who wish to possess, purchase or transfer a firearm. This bill is identical to SB 1337 (Stolle).
Patron - Armstrong

P HB2802

Criminal procedure; retention of evidence. Requires that any human biological evidence used in a felony trial, wherein the defendant is convicted, testing (e.g., fingerprinting, chemical analysis, blood or DNA analysis) be retained for 15 years upon motion of the defendant. In the case of a person sentenced to death, such evidence shall be kept until the judgment is executed.
Patron - Armstrong

P HB2842

Transmittal of information to Virginia Criminal Information Network (VCIN). Allows the magistrate or court issuing a warrant or capias to transfer information on a warrant or capias electronically into VCIN and requires the destruction of the electronic record if the criminal process is ordered destroyed.
Patron - O'Bannon

P 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

P 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. This bill is identical to HB 2594 (Albo).
Patron - Stolle

P SB828

Special conservators of the peace. Allows a single circuit court judge to appoint special conservators of the peace. The bill creates an exception to § 17.1-501, which provides that powers of appointment within a circuit must be exercised by a majority of the judges.
Patron - Hanger

P SB850

Criminal procedure; compensation of forensic experts. Increases from $400 to $800 the maximum basic fee allowed for experts who perform forensic psychological services to courts. A second enacting clause provides that the increase is not effective unless the money is appropriated.
Patron - Couric

P SB879

Expungement of police and court records. Requires the petitioner to obtain a copy of his fingerprints from a law-enforcement agency and to submit a copy of the petition for expungement to the law-enforcement agency. The fingerprints are to be submitted to the Central Criminal Records Exchange (CCRE), which will conduct a fingerprint-based search of the records and submit the petitioner's criminal history to the court. This bill is identical to HB 1742 (Griffith).
Patron - Watkins

P SB918

Fees collected by clerks of circuit courts. Clarifies the circuit court clerks may accept credit cards to pay for filing fee and to collect a service charge sufficient to cover the costs of credit card merchant processing for the services.
Patron - Wampler

P SB984

P SB992

National Crime Information Center . Provides that a warrant or capias that must be entered into the Virginia Criminal Information Network (VCIN) must also be entered into the National Crime Information Center (NCIC) maintained by the FBI. A law-enforcement agency receiving a felony warrant or capias or an extradition warrant must enter the person's name, date of birth, social security number and other known information required by the State Police within 72 hours of receiving the warrant. This bill is identical to HB 1754 (McDonnell).
Patron - Stolle

P SB1036

Issuance of Governor's warrant of arrest. Provides that any electronically transmitted Governor's warrant of arrest shall be treated as an original document provided the original is received four days of the receipt of the facsimile. This bill is identical to HB 2421 (Wardrup).
Patron - Stolle

P SB1308

Criminal Injuries Compensation Fund. Provides that a person who suffered sexual abuse as a minor has until 10 years after his 18th birthday to file a claim. The bill also provides that any claim involving the sexual abuse of a minor that has been denied before July 1, 2001, because it was not timely filed may, upon application filed with the Compensation Fund, be reconsidered provided the application for reconsideration is filed within ten years after the minor's eighteenth birthday.
Patron - Newman

P SB1356

P SB1366

Storage and testing of certain evidence, writ of actual innocence. Establishes a procedure for the storage, preservation and retention of human biological evidence in felony cases. The bill also establishes a procedure for a convicted felon to petition the circuit court that entered the conviction to apply for a new scientific investigation of human biological evidence. The following elements must be met for the court to order the testing: (i) the evidence was not known or available at the time the conviction became final or not previously tested because the testing procedure was not available at the Division of Forensic Science at the time; (ii) the chain of custody establishes that the evidence has not been altered, tampered with, or substituted; (iii) the testing is materially relevant, noncumulative, and necessary and may prove the convicted person's actual innocence; (iv) the testing requested involves a scientific method employed by the Division of Forensic Science; and (v) the convicted person did not unreasonably delay the filing of the petition after the evidence or the test for the evidence became available. The petition must also state the reasons the evidence was not known or tested by the time the conviction became final and the reasons that the newly discovered or untested evidence may prove the actual innocence of the person convicted. A procedure for the issuance of a writ of actual innocence for persons convicted of a felony upon a plea of not guilty or for any person sentenced to death or convicted of (i) a Class 1 felony, (ii) a Class 2 felony or (iii) any felony for which the maximum penalty is imprisonment for life, is established. The petition is to be filed with the Supreme Court and must allege: (a) that the petitioner pleaded not guilty or that he is under a sentence of death or convicted of (i) a Class 1 felony, (ii) a Class 2 felony or (iii) any felony for which the maximum penalty is imprisonment for life; (b) that the petitioner is actually innocent of the crime for which he was convicted; (c) an exact description of the human biological evidence and the scientific testing supporting the allegation of innocence; (d) that the evidence was not previously known or available to the petitioner or his trial attorney of record at the time the conviction became final, or if known, was not subject to the scientific testing for the reasons set forth in the petition; (e) the date the test results under § 19.2-327.1 became known to the petitioner or any attorney of record; (f) that the petitioner or his attorney of record has filed the petition within 60 days of obtaining the test results under §19.2-327.1; (g) that the petitioner is currently incarcerated; (h) the reasons the evidence will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt; and (i) for any conviction that became final in the circuit court after June 30, 1996, that the evidence was not available for testing under § 9-196.11. A petitioner filing a writ of actual innocence is entitled to court-appointed counsel in the same manner as an indigent defendant in a criminal case. If the Supreme Court determines that a resolution of the case requires further development of the facts, it may order the circuit court to conduct a hearing to certify findings of fact on certain issues. After considering the petition and the Commonwealth's response, the previous records of the case, the record of any hearing on newly tested evidence and any findings certified from the circuit court, the Supreme Court may dismiss the petition or vacate or modify the conviction. The provisions of the Act relating to the issuance of the writ of actual innocence become effective November 15, 2002. The rest of the Act becomes effective upon passage. This bill is identical to HB 1311 (Almand).
Patron - Stolle

F Failed

F HB1584

Interpreters for non-English-speaking defendants. Requires a defendant for whom an interpreter is appointed to pay, as a part of court costs, the fee for such interpreter if the defendant is found guilty. This bill incorporates HB 2605.
Patron - Armstrong

F HB1590

Capital murder. Provides that a jury considering the death sentence may be instructed that there was an individual sentenced to death in the Commonwealth and twice scheduled to be executed who was later granted an absolute pardon for capital murder on the basis of DNA testing.
Patron - Marshall

F HB1798

National criminal background checks; religious care providers. Adds programs of religious instruction or babysitting during worship to the list of qualified care providers who may request directly to the Department of State Police to conduct a national criminal background check on such persons who work or volunteer to provide care to children.
Patron - Hamilton

F HB1831

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. The bill also states that the county, city or town applying for a writ of error shall file a petition in the office of the clerk of the circuit court within 10 days after entry of the judgment of the district court and shall serve a copy of the petition upon the defendant. The defendant's response to the petition, if any, shall be filed within 14 days after such service.
Patron - Hargrove

F HB1918

Compensation of court appointed experts. Creates a schedule of fees for court-appointed psychological experts in criminal matters. Under current law the fees are determined by the court on a case-by-case basis.
Patron - Van Yahres

F HB1952

Subpoena for the production of documentary evidence and of objects. Provides that an attorney for the Commonwealth may apply to a judge for a subpoena for the production of documentary evidence and of objects for identifiable records including, but not limited to, insurance records, telephone records, postal records, records from financial or credit institutions, and records kept in the normal course of business by public agencies, when such records may reasonably be expected to provide evidence of the commission of a crime.
Patron - Broman

F HB1970

Victim notification of sex offender registration. Requires the Department of State Police to notify the victims of an offender's address when the offender has registered or reregistered as a sexually violent predator if the victims have provided their names, current addresses and telephone numbers in writing.
Patron - McClure

F HB2009

Eligibility for expungement of arrest record. Adds to those eligible for expungement of arrest records persons with no prior criminal record who were charged with a misdemeanor and fully complied with the terms of an agreement or deferral approved by the court.
Patron - Jackson

F HB2011

Functions of a grand jury. Allows grand juries to investigate malfeasance either in the community or by a government agency or official.
Patron - Jackson

F HB2027

Possession of firearm by felons; lawful hunting. Allows the court, in its discretion, to suspend the minimum, mandatory term of imprisonment where a felon possessed a firearm, but the person was engaging in lawful hunting and the firearm in his possession was a hunting gun. "Hunting gun" is defined to include only a shotgun or standard design hunting rifle, not a handgun or any assault-style weapon.
Patron - Bloxom

F HB2136

Juror selection. Provides that defendants tried jointly, whether for a felony or misdemeanor, are entitled to one additional peremptory challenge to be exercised separately by each defendant.
Patron - Armstrong

F HB2261

Victims and witnesses of crime. Expands the rights of victims and witnesses of crime to include the right to a review by the Department of Criminal Justice Services of their treatment by any agency required to render them assistance, and sets up the procedures for that process.
Patron - Watts

F HB2345

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. Service is to be upon the Attorney General and the attorney for the Commonwealth for the county or city in which the original case was tried. The attorney for the Commonwealth is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the attorney for the Commonwealth. 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

F HB2349

Virginia Innocence Protection Act of 2001 (post-conviction testing of biological material for DNA). Establishes procedure for application of convicted defendant to apply for post-conviction DNA testing for the purpose of establishing innocence (or verifying guilt); requiring the DNA to be preserved for such purposes subject to certain exceptions. Upon a favorable result the court may vacate and set aside the judgment; discharge the applicant if the applicant is in custody; resentence the applicant; or grant a new trial.
Patron - McEachin

F HB2425

Dissemination of criminal history record information. Provides access to criminal history record information to the library board of a county, city, or town for the purpose of screening individuals who are offered or accept employment.
Patron - Armstrong

F HB2505

Criminal history record information and conviction data. Eliminates exclusivity of Internet distribution of Sex Offender Registry information and substitutes all criminal records of all criminals except that information concerning the arrest of an individual may not be made public if an interval of one year or more has elapsed from the date of the arrest and no disposition of the charge has been recorded.
Patron - Robinson

F HB2574

Reimbursement for public defender fees. Provides that if a public defender is appointed or assigned to a case, the amount taxed against the defendant for legal representation shall be paid to the Commonwealth regardless of whether the defendant is charged and convicted with a violation of a state statute or a local ordinance. This will prevent the court from receiving a payment from the locality that it then pays back to the locality when payment is made by the defendant. If payment is received at a later date (perhaps through the Debt Collection Act), the money is sent to the convicting court and then reimbursed to the locality.
Patron - McDonnell

F HB2594

F HB2605

Court-appointed interpreter fees. Provides that the compensation of an interpreter appointed by the court for a non-English-speaking criminal defendant shall be fixed by the court and may be assessed as part of the costs. Currently, it may not be assessed as a cost and is paid by the Commonwealth in every case. This bill has been incorporated into HB 1584.
Patron - Howell

F HB2642

Speedy trial. Provides that for the purposes of the speedy trial statute a trial commences at the time of arraignment. After the case of Hutchins v. Commonwealth, 30 Va. App. 574 (1999), rev'd, Supreme Court of Virginia, September 15, 2000, Record No. 992355, there has been some confusion and uncertainty as to when a trial is deemed to start. The Crime Commission was directed to study the issue by letter study (see HJR 250, 2000) and has completed a report on the issue.
Patron - Black

F HB2833

Authority to defer and dismiss. Provides that before a judgment of guilt in a misdemeanor or felony prosecution, other than a prosecution for a Class 1, 2 or 3 felony, a judge may defer further proceedings and impose probation upon such terms and conditions upon the defendant as the court deems proper in the case. The bill provides further that upon violation of a term or condition, the court may proceed with the case and that upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings without an adjudication of guilt or impose a sentence in accordance with the law.
Patron - McDonnell

F SB868

Family assault. Establishes a rebuttable presumption that persons charged with family assault using a firearm should not be admitted to bail.
Patron - Reynolds

F SB977

Authority to defer, discharge and dismiss. Provides that the court may place a defendant who has not been previously convicted of a felony or a Class 1 or 2 misdemeanor on probation and defer further proceeding without entering a judgment of guilt. The provision applies only if the instant offense does not require a mandatory period of incarceration. If the charge is a felony, the attorney for the Commonwealth must consent.
Patron - Norment

F SB993

Voluntary bone marrow donation by prisoners. Requires the Department of Corrections to take a second DNA sample for submission to the National Bone Marrow Registry if a prisoner volunteers for inclusion in such Registry.
Patron - Stolle

F SB1134

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 no more than once to the circuit court that entered the order fixing the prisoner's punishment at death. The petition must contain certain allegations regarding newly discovered evidence. Service is to be upon the Attorney General and the attorney for the Commonwealth for the county or city in which the original case was tried. The attorney for the Commonwealth is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the attorney for the Commonwealth. The bill of review will 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 likelihood of actual innocence. If the court finds a significant likelihood of innocence, the bill of review is to be granted. The decision of the circuit court to grant or deny the bill of review 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. If the granting of the bill of review is affirmed on appeal (or not appealed) the circuit court must proceed to order appropriate relief which may include vacating the conviction or ordering a new trial or sentencing proceeding.
Patron - Marsh

F SB1169

Public defender office; Montgomery County. Adds a public defender office to Montgomery County.
Patron - Marye

F SB1204

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.
Patron - Forbes

F SB1235

Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions; penalty. Provides that it is a criminal offense for a person to intercept a wire, electronic or oral communication if any of the parties to the communication have not given prior consent to such interception. Currently, it is not a criminal offense for a party to the communication to intercept it. A violation is a Class 6 felony.
Patron - Potts

F SB1263

F SB1273

Motor vehicle code; arrest without a warrant. Provides that any law-enforcement officer who is in uniform or displays his badge or other sign of authority may arrest without a warrant the driver of a motor vehicle for a violation of any provision of Title 46.2 (§ 46.2-100 et seq.) if the officer observed the violation or received a radio message informing him of the violation from a law-enforcement officer who observed the violation. In the case of a person arrested on the basis of a radio message, the message must be sent immediately after the violation is observed and the observing officer must furnish the license number or other positive identification of the vehicle to the arresting officer.
Patron - Wagner

F SB1281

F SB1319

Sentencing proceeding by the jury after conviction for a felony. Expressly requires that a jury unanimously agree on punishment for any charge for which it returned a verdict of guilty and that, if it cannot reach agreement, the court shall fix punishment. Currently, there is no express requirement of unanimous agreement by the jury, and the court may fix punishment only upon agreement of the parties and the court.
Patron - Couric

F SB1399

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