General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Crimes and Offenses Generally

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Crimes and Offenses Generally

Passed

P HB1399

Blood samples taken from DUI accuseds. Eliminates the requirement that the officer give the accused information on how to obtain an independent analysis of the second vial of blood. The accused may, within 90 days after the blood sample is taken, request a court order directing the Division of Forensic Science to transmit the remaining sample to an independent laboratory for analysis. This bill is identical to SB 972.
Patron - Janis

P HB1403

Prohibiting attempted purchase of tobacco products by minors. Prohibits attempted purchase of tobacco products by minors. Currently, only the completed purchase is a civil offense. The bill provides a specific exception for purchases associated with law-enforcement activities.
Patron - Wright

P HB1454

Embezzlement and larceny the same. Provides that proof of embezzlement shall be sufficient to sustain the charge of larceny and that any person convicted of embezzlement shall be deemed guilty of larceny and may be indicted as for larceny, and upon conviction shall be punished as for larceny. This bill returns to and replaces some of the language appearing in the pre-1994 version of this section to clarify that if embezzlement is proven, a charge and conviction for larceny are sustained. Language in the pre-1994 version requiring the Commonwealth to elect which statute to proceed under is not replaced. This bill addresses the decision in Bruhn V. Commonwealth, 35 Va. App. 339, 544 S.E.2d 895 (Ct. App. 2001), wherein neither a conviction for embezzlement nor larceny was found when the defendant was charged with larceny and shown to have committed embezzlement.
Patron - Janis

P HB1501

Definition of antique and curio firearms. Redefines definition of antique firearm to follow the definition in federal law and includes them as antique firearms. The bill adds a definition of curio (and relic) firearms taken from the Code of Federal Regulations. Under current law a person does not have to have a criminal background check to purchase an antique firearm and antique firearms are not subject to the one handgun per month restrictions.
Patron - Lingamfelter

P HB1541

Partial birth infanticide. Defines "partial birth infanticide" as any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed. The term "partial birth infanticide" will not include (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered. "Human infant who has been born alive" is defined as a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. "Substantially expelled or extracted from its mother" is defined as, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother. The bill punishes the act of "partial birth infanticide" as a Class 4 felony. This provision will not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure will not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother. The mother cannot be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section. This provision also amends vital statistics law to modify the definition of "live birth" to include substantial expulsion or extraction of the product of human conception from its mother and to add a definition of "substantial expulsion or extraction." A second enactment clause repeals the partial birth abortion provision.
Patron - Marshall, R.G.

P HB1594

Crimes; peeping. Makes it unlawful for a landlord, without just cause, to enter upon property leased or rented to a tenant and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure under circumstances that would violate the occupant's reasonable expectation of privacy. The bill provides a "just cause" exception to peeping by a landlord. This bill is identical to SB 1210.
Patron - Byron

P HB1617

Hazing. Defines hazing to mean recklessly or intentionally endangering the health or safety of or inflicting bodily injury on a student in connection with or for the purpose of initiation, admission into or affiliation with, or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body, whether or not the victim student voluntarily participated in the activity. The bill eliminates the references to "otherwise mistreating" in favor of the single term "hazing" and substitutes the policies and procedures used by the institution for the former sole remedy of expulsion. This bill is identical to SB 864.
Patron - Albo

P HB1619

Fraudulent use of birth certificates. Makes it unlawful for any person to sell or transfer the birth certificate of another for the purpose of establishing a false identity for himself or for another person. Currently it is unlawful to obtain or possess the birth certificate of another for such purpose.
Patron - Byron

P HB1702

Penalty for driving while intoxicated (DUI). Imposes minimum fines of $250, $500 and $1,000 for first, second and third offense DUI convictions, respectively.
Patron - Purkey

P HB1833

Information to be provided prior to abortion; adoption. Clarifies that the written materials required to be offered for review as part of the basic information for informed written consent for abortion must be provided "in a respectful and understandable manner, without prejudice" and must be intended to give the woman the opportunity to make an informed choice and that the information on services will characterize adoption as a positive alternative and will include information on counseling services, benefits, financial assistance, medical care and contact persons or groups.
Patron - Reese

P HB1856

Definition of a firearm. Revises the definition of "firearm," "handgun" and "assault rifle" where they are defined in various sections in Title 18.2 (except for brandishing) and Title 22.1 with terms used in the definition of "firearm" in Title 29.1 (Game, Inland Fisheries and Boating). The word "explosion" is replaced with "by action of an explosion of a combustible material," and "projectile" with "single or multiple projectiles."
Patron - Lingamfelter

P HB1928

Crimes; money laundering. Requires a financial institution or credit card issuer to disclose bank records or credit card information concerning a customer upon the issuance of a subpoena duces tecum. Provision is made for the financial institution or credit card issuer to move to quash or modify the subpoena duces tecum if compliance would cause an undue burden and for holding harmless the financial institution or credit card issuer or its employees for releasing such information or records pursuant to an order. The statement of facts documenting the reasons the records or information are sought will be sealed upon issuance of the subpoena duces tecum, and the use of such records or information is limited to the investigation and legitimate law-enforcement purposes. At the end of the investigation the records or information will be sealed. A provision is added allowing seizure of certain property used in money laundering and punishable as a felony under the laws of another state or territory of the United States, the District of Columbia, or the United States. This bill is identical to SB 1135.
Patron - Nixon

P HB1931

Electronic communications devices. Replaces the term telecommunications with electronic communications, which is more accurate, and streamlines the definition of that term. Electronic communication includes all transfers of information, which the statute addresses. The new definitions of "electronic communication device," "electronic communication service," and "electronic communication service provider" are equivalent to the old definitions of "telecommunication device," "telecommunication service," and "telecommunication service provider" except for the above-mentioned changes.
Patron - Nixon

P HB2061

Identity theft. Clarifies that the identities of dead, as well as living, people are protected and that the theft of the identity of a dead person is punishable.
Patron - Dudley

P HB2109

Fraudulent account entries. Adds corporations to the list of entities for which it is a Class 4 felony for an officer or clerk to make, alter or omit to make an entry in an account kept in or by such entity with the intent of concealing the true state of the account or to defraud the entity or to enable or assist any person to obtain money to which the person is not entitled. The bill also replaces the words "banks and savings institutions" with "financial institutions."
Patron - Barlow

P HB2175

Identity theft. Limits the appearance of social security numbers on identification cards and parcels. The bill punishes the distribution or possession with intent to distribute another's personal identifying information or the distribution of the means by which personal information may be stolen. The bill creates a mechanism whereby a victim may expunge a criminal charge resulting from identity theft. The bill punishes obtaining goods and services, and identification documents and information of another. The bill requires the Library Board to develop regulations providing for the destruction of social security numbers in public records. The bill allows a clerk of court to refuse to record a document upon which there appears a grantor's or grantee's social security number. The bill sets up a procedure for blocking credit misinformation appearing in a credit report. This bill is identical to SB 979.
Patron - Bell

P HB2181

Possession of firearm while in possession of certain drugs. Revises statute penalizing possession of a firearm while in possession of Schedule I or II drugs to provide that possession of both is a Class 6 felony with no mandatory minimum. A person who possesses a firearm "on or about his person" while in possession of Schedule I or II drugs is subject to a Class 6 felony with a two-year mandatory minimum term of imprisonment. The possession of a firearm with intent to manufacture or distribute such drugs or more than one pound of marijuana remains a Class 6 felony with a minimum, mandatory term of imprisonment of five years.
Patron - Melvin

P HB2275

First domestic assault; deferral and probation. Makes discretionary with the court, where the court is deferring proceedings, the provisions for evaluating and ordering participation in an education or treatment program for persons charged with a first domestic assault. The bill also provides that the term of probation is two years from the date the court makes findings of facts that would support a finding of guilt. Under current law, probation runs for a two-year period following completion of local probation supervision, and evaluation and participation in an education or treatment program is mandatory where the court defers findings. This bill is identical to SB 826.
Patron - Hurt

P HB2290

Computer crimes; enhanced penalties; forfeiture; etc. Provides that certain obscenity violations are, when accomplished with a computer, subject to separate and distinct punishment. Adds enhancements for punishment of computer fraud based on volume of e-mail and revenue generated. Raises penalty for computer trespass. Raises penalty for theft of computer services based on value of services. Establishes an alternate method for calculating statutory civil damages for a person who is injured by reason of any violation of the Computer Crimes Act, based on the number of complaints, degree of culpability, amount of economic gain, and prior history. The bill also adds a seizure and forfeiture provision allowing for forfeiture of all proceeds and equipment received from violations of the Computer Crimes Act. This bill is identical to SB 1139.
Patron - Devolites

P HB2324

Drivers' license suspension; underage drinking and driving. Adds an automatic seven-day administrative license suspension as a penalty when a person under the age of 21 operates a motor vehicle after consuming alcohol and has a blood alcohol concentration (BAC) of 0.02. This makes the BAC for the seven-day administrative drivers' license suspension for persons under 21 consistent with the violation for driving after consuming alcohol underage, which is 0.02.
Patron - Albo

P HB2390

Drug Offender Assessment Fund. Provides that part of the monies available from the Drug Offender Assessment Fund shall be appropriated to the Department of Criminal Justice Services for the support of community-based probation and local pretrial services agencies, in addition to the current appropriations to the Department of Corrections, the Department of Juvenile Justice and the Commission on the Virginia Alcohol Safety Action Program (VASAP).
Patron - Albo

P HB2440

Violation of court order regarding custody and visitation; penalty. Modifies statute that makes it a Class 6 felony to withhold a child outside the Commonwealth in violation of a custody or visitation order by adding the child's parents or other legal guardian to the class of people who would have to be protected. Currently the protected individual is the custodial parent.
Patron - Dillard

P HB2447

Abandoned babies; affirmative defense to prosecution. Provides that when a parent voluntarily delivers a child no older than 14 days to a hospital or rescue squad, the parent will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon having left the baby at such facility. Personnel who accept babies under these conditions are immune from liability absent gross negligence or willful misconduct. This bill is identical to SB 1151.
Patron - Griffith

P HB2457

Child Pornography Images Registry; child pornography; penalties. Establishes a Child Pornography Registry that includes images of sexually explicit visual material presented as evidence and used in a conviction for a child pornography offense. The bill increases the penalties for child pornography possession to a Class 6 felony (from a Class 1 misdemeanor) and second and subsequent offenses to a Class 5 felony (from a Class 6 felony). This bill is identical to SB 1153.
Patron - McDougle

P HB2615

Sale of drugs on or near certain properties; penalty. Clarifies that the prohibition against possessing drugs with intent to distribute on school properties, recreation centers, libraries, and hospitals applies regardless of where the person intended to distribute the drugs. This bill is identical to SB 1071.
Patron - Sears

P HB2616

Sale of "wrappings" to minors prohibited. Prohibits the sale or purchase of wrappings to minors. This bill defines "wrappings" as including papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar. The penalties for retailers and for minor purchasers provided under present law for sale or purchase of tobacco products would apply to the sale or purchase of such wrappings.
Patron - Sears

P HB2649

Obstructing justice by giving false information to police. Provides that any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor. Currently it is a Class 2 misdemeanor. This bill is identical to SB 1234.
Patron - Cosgrove

P HB2763

Firearms on school property and locked vehicle trunks. Clarifies an exception for a person possessing an unloaded firearm on school property in a "closed container" by providing that the definition of "closed container" includes a locked vehicle trunk.
Patron - Hurt

P HB2764

Fees for driving under the influence conviction. Adds a fee of $100 for driving under the influence convictions.
Patron - Hurt

P HB2826

Resisting arrest. Provides that any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor. The crime is defined as fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave. This bill is identical to SB 1336.
Patron - McDougle

P SB826

Family abuse. Amends the statute that permits a deferred disposition for a first offense of assault and battery against a family or household member so that the judge may order the defendant directly into an educational and treatment program. Current law suggests that an evaluation must be conducted to determine if the defendant should enter such a program. The bill also specifies the first date on which the minimum two-year deferral period may end. The bill also adds "if available" after local probation in recognition of the fact that not all jurisdictions have local probation services. This bill as introduced was a recommendation of the Committee on District Courts. This bill is identical to HB 2275.
Patron - Marsh

P SB846

Bigamy. Provides that venue for a bigamy prosecution may be where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited.
Patron - Quayle

P SB864

Hazing. Defines hazing to mean recklessly or intentionally endangering the health or safety of or to inflict bodily injury on a student in connection with or for the purpose of initiation, admission into or affiliation with, or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body, whether or not the victim student voluntarily participated in the activity. The bill eliminates the references to "otherwise mistreating" in favor of the single term "hazing" and substitutes the policies and procedures used by the institution for the former sole remedy of expulsion. This bill is identical to HB 1617.
Patron - Saslaw

P SB972

P SB979

Identity theft. Limits the appearance of social security numbers on identification cards and parcels. The bill expands limits on acquisition and use of the personal identifying information of another, including use of identifying information of a dead person. The bill requires the Library Board to develop regulations providing for the destruction of social security numbers in public records. The bill sets up a procedure for blocking credit misinformation appearing in a credit report and expungement of false identity information in police and court records. This bill is identical to HB 2175.
Patron - Mims

P SB1019

Driving while intoxicated; penalty. Provides mandatory, minimum fines for conviction of driving while intoxicated. For a first offense, $250; for a second offense, $500; and for a third or subsequent offense, $1,000. Also mandates a mandatory, minimum five days in jail for a conviction with a passenger in the vehicle who is 17 years of age or younger.
Patron - Mims

P SB1071

Drugs on or near certain properties; penalty. Clarifies that the prohibition against possessing drugs with intent to distribute on school properties, recreation centers, libraries, and hospitals applies regardless of where the person intended to distribute the drugs. This bill is identical to HB 2615.
Patron - Rerras

P SB1135

Subpoena duces tecum for financial records in criminal matter. Requires a financial institution or credit card issuer to disclose bank records or credit card information concerning a customer upon the issuance of a subpoena duces tecum. Provision is made for the financial institution or credit card issuer to move to quash or modify the subpoena duces tecum if compliance would cause an undue burden and for holding harmless the financial institution or credit card issuer or its employees for releasing such information or records pursuant to an order. The statement of facts documenting the reasons the records or information is sought will be sealed upon issuance of the subpoena duces tecum, and the use of such records or information is limited to the investigation and legitimate law-enforcement purposes. At the end of the investigation the records or information will be sealed. A provision is added allowing seizure of certain property used in money laundering and punishable as a felony under the laws of another state or territory of the United States, the District of Columbia, or the United States. This bill is identical to HB 1928.
Patron - Norment

P SB1138

Larceny; penalties. Provides that conspiracy to commit larceny where the aggregate value of the goods is more than $200 is punishable by confinement in a state correctional facility for not less than one year nor more than 20 years. The willful concealment of merchandise is prima facie evidence of intent to convert and defraud the owner of his property. The commission of larceny of property with a value of $200 or more with the intent to sell or distribute the property is punishable by confinement for not less than two years and not more than 20. The knowing resale or attempted resale of stolen merchandise with an aggregate value of $200 or more is punishable as a Class 5 felony. The penalty for manufacturing, distributing or possessing a laminated bag or other shoplifting device is increased from a Class 3 to a Class 1 misdemeanor.
Patron - Stolle

P SB1139

P SB1140

Stun weapons or tasers. Restores the provision enacted in 2001 (HB 2327 and SB 1306) making possession of stun weapons and tasers by convicted felons a Class 6 felony. An accompanying exception allowing possession of stun weapons and tasers in the felon's residences or curtilages thereof inadvertently expanded the exception to include all firearms. In 2002 HB 300 was introduced to fix that problem but inadvertently removed the prohibition on possession of stun weapons and tasers by convicted felons.
Patron - Stolle

P SB1151

P SB1153

Child Pornography Images Registry; child pornography; penalties. Requires the Office of the Attorney General, in cooperation with the Department of State Police, to maintain a Child Pornography Registry that includes images of sexually explicit visual material presented as evidence and used in a conviction for possession, production, publication, sale, financing or intent to distribute, sexually explicit items involving children. The Registry is to be used for the administration of criminal justice and unauthorized use is a Class 6 felony. The bill increases the penalties for child pornography possession to a Class 6 felony (from a Class 1 misdemeanor) and second and subsequent offenses to a Class 5 felony (from a Class 6 felony). This bill is identical HB 2457.
Patron - Stolle

P SB1205

Partial birth infanticide. Defines "partial birth infanticide" as any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed. The term "partial birth infanticide" will not include (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered. "Human infant who has been born alive" is defined as a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. "Substantially expelled or extracted from its mother" is defined as, in the case of a head first presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother. The bill punishes the act of "partial birth infanticide" as a Class 4 felony. This provision will not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure will not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother. The mother cannot be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section. This provision also amends vital statistics law to modify the definition of "live birth" to include substantial expulsion or extraction of the product of human conception from its mother and to add a definition of "substantial expulsion or extraction." A second enactment clause repeals the partial birth abortion provision.
Patron - Newman

P SB1210

Crimes; peeping. Makes it unlawful for a landlord to enter upon property leased or rented to a tenant and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure, without just cause, under circumstances that would violate the occupant's reasonable expectation of privacy.
Patron - Newman

P SB1233

Crimes; damage to business reputation, etc. Eliminates the prohibition placed on plaintiff's counsel to contract for fees greater than that allowed by the court for representing a business whose reputation, trade, business or profession has been injured by acts of another.
Patron - Reynolds

P SB1234

False reports to law-enforcement officials; penalty. Increases from a Class 2 misdemeanor to a Class 1 misdemeanor the punishment for knowingly and willfully making a materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime committed by another person. This bill is identical to HB 2649.
Patron - Saslaw

P SB1278

Charitable gaming; creation of the Department of Charitable Gaming. Creates the Department of Charitable Gaming with its director appointed by the Governor. The bill eliminates the Charitable Gaming Commission and in its place creates the Charitable Gaming Board as a policy board. The Charitable Gaming Board has the power to adopt regulations relating to charitable gaming and the Department of Charitable Gaming is responsible for the administration and enforcement of the charitable gaming laws and Board regulations. The bill also provides for the Board to examine regulations, including the computation and percentage of gross receipts that are required to be used for charitable purposes by qualified organizations, and provide a report to the Governor and the 2004 Session of the General Assembly. The bill contains numerous technical amendments.
Patron - Colgan

P SB1302

DUI; restricted license. Makes retroactive a provision enacted during the 2002 General Assembly which provided that the court that convicted a person of DUI has continuing jurisdiction over the person during any period of license revocation resulting from that conviction, for the purposes of referring the person to a certified alcohol safety action program and providing a restricted permit whether or not it took either such action at the time of the conviction. The bill also gives the court the authority to impose terms and conditions if it issues a restricted license or requires participation in VASAP.
Patron - Reynolds

P SB1336

Resisting arrest. Provides that any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor. Intentionally preventing or attempting to prevent a lawful arrest is defined as fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave. This bill is identical to HB 2826.
Patron - Rerras

Failed

F HB1379

Possession of open container of alcohol in a motor vehicle; penalty. Provides that no person shall possess an alcoholic beverage in the passenger area of a motor vehicle upon a public highway of the Commonwealth in other than the manufacturer's unopened, original container. The bill punishes violation with a civil penalty of $25.
Patron - Purkey

F HB1392

No fee for concealed firearm permit. Provides that the following need not pay a fee for a concealed firearm permit: (i) any person on active duty in good standing in the United States armed forces, National Guard or reserves of any service component, (ii) any retiree of any service component who has served 20 years of active duty in the United States armed forces, or (iii) any person who has served 30 years or more in the National Guard or in the Reserves of any service component.
Patron - Lingamfelter

F HB1401

Incarceration for conviction of DUI. Provides that any period of incarceration imposed pursuant to a DUI conviction is to be served continuously, in one period, with no allowances for service on weekends or other noncontinuous service.
Patron - Janis

F HB1421

Duty to report childbirth. Provides that any woman who gives birth without the assistance of a health care professional after more than 24 weeks have elapsed since the beginning of her last menstrual period and who, though she is reasonably able to do so, fails to report the birth, whether a live birth or stillbirth, within 12 hours of the event, to the local sheriff, police department or fire department is guilty of a Class 1 misdemeanor.
Patron - Cosgrove

F HB1433

Reissuance of concealed handgun permit. Provides that the clerk of the circuit court shall give written notice by mail to the permit holder, at his last known address, of the expiration of his permit at least 60 days prior to expiration.
Patron - Louderback

F HB1435

Impersonating a police officer. Raises the penalty for impersonating a police officer from a Class 1 misdemeanor to a Class 6 felony.
Patron - Cosgrove

F HB1448

Issuance of concealed handgun permits. Places the responsibility for issuance of concealed handgun permits in the hands of the clerk of the circuit court; denial and revocation authority remains with the court.
Patron - Janis

F HB1494

Impersonating an officer. Provides that any person who commits a felony "crime against a person" while impersonating an officer is guilty of a Class 6 felony and that the violation is a separate and distinct offense.
Patron - Amundson

F HB1502

Personal protection; carrying concealed weapons; when lawful to carry. Eliminates the concealed weapons permit fee for members of the United States Marshals Service who have completed 20 years of service or are aged 55 or older.
Patron - Purkey

F HB1523

Identity theft. Clarifies that the identities of dead, as well as living, people are protected and that the theft of the identity of a dead person is punishable. This bill is incorporated into HB 2061.
Patron - Byron

F HB1548

Crimes; partial-birth infanticide abortion; penalty. Makes the performing of a partial-birth infanticide abortion a Class 4 felony. Defines "partial-birth infanticide" as deliberately and intentionally vaginally delivering a living infant until, in the case of a head-first presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living infant, and then performing the overt act. The bill also redefines "live birth," to include either complete or partial expulsion of the product of human conception, and states that "complete or partial expulsion or extraction" occurs when at least either the infant's entire head is outside the body of the mother or, in the case of a breech delivery, when any part of the infant's trunk past the navel is outside the body of the mother.
Patron - Marshall, R.G.

F HB1549

Where an abortion is lawful during first trimester of pregnancy. Requires that a first trimester abortion not performed in a hospital be performed in a facility no more than 15 miles from a hospital emergency room. Second and third trimester abortions must be performed in a hospital.
Patron - Marshall, R.G.

F HB1554

Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2003.
Patron - Hargrove

F HB1580

Abortions performed after the second trimester. Strikes the "mental health" exception as a condition for a third trimester abortion. In Virginia, third trimester abortions may only be performed in a licensed hospital after the three physicians have determined that the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.
Patron - Cole

F HB1607

Thresholds for larceny and other related crimes. Increases the threshold for larceny and other related crimes from $200 to $400.
Patron - Petersen

F HB1620

Concealed weapons restrictions and procedures. Provides that it is legal to carry a permitted concealed weapon while hunting regardless of the weather, that traffic misdemeanors do not prohibit one from obtaining a concealed handgun permit, that the clerk shall replace a lost or stolen permit and that the State Police shall establish a uniform size and shape for the permit.
Patron - Hogan

F HB1636

Committing, conspiring and aiding and abetting acts of terrorism; penalty. Provides that any person who contributes $1,000 or more to any person or organization that commits, conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 3 felony.
Patron - Weatherholtz

F HB1650

Charitable Gaming Commission; membership. Specifies that the membership of the Charitable Gaming Commission shall consist of two members of a qualified organization, one supplier, one commercial landlord whose premises are routinely utilized by qualified organizations for the conduct of charitable gaming, and three citizen members. Current law does not specify the membership of the Commission.
Patron - Albo

F HB1741

Abortion; conscience clause. Includes any physician, pharmacist, or other medical or health care professional who is asked to dispense or administer any medication for the purpose of performing or causing an abortion within the provisions of the conscience clause. The conscience clause states that the objection, in writing, of any facility or practitioner or other person to participating in abortion procedures on personal, ethical, moral or religious grounds will not be the basis for claims for damages or disciplinary or recriminatory actions or denial of employment.
Patron - Byron

F HB1783

Modification of sentencing guidelines for methamphetamine. Provides that for any conviction involving any substance that contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers, the discretionary sentencing guidelines applicable to cocaine shall be used.
Patron - Kilgore

F HB1806

Driving motor vehicle after ingesting illegal Schedule II drugs. Makes driving after ingesting any amount of illegally possessed Schedule I and Schedule II drugs a violation of the DUI statute.
Patron - Carrico

F HB1811

Deadly physical force. Grants the occupant of a dwelling immunity from civil liability or criminal prosecution 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 reasonably believes he or another person in the dwelling is in imminent danger of bodily harm.
Patron - Welch

F HB1893

Carnal knowledge of child; penalties. Provides that if any person 18 years of age or older carnally knows, without the use of force, a child 15 years of age or older but less than 18 years of age, such person is guilty of a Class 6 felony. Currently the penalty is a Class 1 misdemeanor.
Patron - Stump

F HB1908

Importation, sale, possession or transfer of weapons that fire certain rounds; penalty. Provides that any person who imports, sells, possesses, or transfers a firearm that fires the U.S. Army .50 caliber Browning Machine Gun round, the Russian/Chinese Army 12.7 mm round or the Russian/Chinese Army 14.5 mm round is guilty of a Class 6 felony.
Patron - Almand

F HB1999

Sexual crimes. Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute (often called the marital rape exemption). Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration the marital sexual assault statute is repealed. The provisions for deferred disposition are eliminated but the sentence may be suspended in whole or in part if there is a bench trial, all parties agree and the defendant participates in counseling.
Patron - Bell

F HB2006

Assault and battery against a family or household member. Provides that if an assault against a family or household member is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child or stepchild or a minor child residing within the household of the person or victim, the sentence shall include a mandatory, minimum sentence of 10 days in jail.
Patron - Bell

F HB2007

Crimes; assault and battery against a family or household member. Eliminates the requirement that a third or subsequent offense must occur within 10 years of a conviction of a similar offense for such third or subsequent offense to be a felony.
Patron - Bell

F HB2017

Crimes; peeping. Makes it a Class 6 felony for a third or subsequent conviction for an offense under the peeping or spying section or for certain other misdemeanor offenses. The bill also eliminates the requirement that the third or subsequent offense occur within 10 years of the conviction of the predicate offenses.
Patron - Bell

F HB2019

Deferral and dismissal; penalty. Provides in those sections allowing deferral and dismissal of drug offenses, underage alcohol possession, assault and battery against a family member, and certain property crimes, that deferral and dismissal will only be considered by the court if the defendant has no prior convictions of any kind, has not been previously allowed deferral and dismissal under that specific section and has the consent of the Commonwealth to defer and dismiss and that, if the defendant violates the conditions extant during the deferral period, the court shall, rather than may, find the defendant guilty. The bill also limits deferral and dismissal to those types of crimes, explicitly removing any "inherent power of the court" to defer and dismiss.
Patron - Bell

F HB2024

Sentencing guideline midpoints; violent felony. Makes any felony violation of the DUI law a "violent felony offense" used to determine sentencing guideline midpoints.
Patron - Bell

F HB2027

Possession of firearm by persons subject to protective orders; penalty. Prohibits, and punishes as a Class 1 misdemeanor, possession of a firearm by a person subject to a protective order. Currently, such a person is prohibited from transporting or purchasing a firearm or carrying a concealed handgun.
Patron - Petersen

F HB2033

Pointing, holding, or brandishing firearm or object similar in appearance; penalty. Provides that if a brandishing violation occurs in a facility open to the public during a meeting of any local, state or federal governing body or commission or committee thereof, the perpetrator is guilty of a Class 6 felony.
Patron - Scott

F HB2049

Blood samples taken from DUI accuseds. Eliminates the second sample available to the accused for analysis by an independent laboratory.
Patron - Woodrum

F HB2087

Charitable Gaming Commission; winner-take-all games. Prohibits the separate selling of "winner-take-all" bingo games.
Patron - Abbitt

F HB2108

Concealed handgun permits. Provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided the permit holder is not a resident of Virginia and, if the permit does not include a photograph of the holder, he carries a current state or federal government-issued photo identification. Also requires that the Attorney General enter into reciprocal agreements with the states that require it for recognition of the validity of Virginia concealed handgun permits. The bill removes the requirement that the out-of-state permit holders meet Virginia requirements for issuance.
Patron - Black

F HB2114

Concealed Weapons Permits; retired Virginia Marine Police officers. Adds retired members of the Law Enforcement Division of the Virginia Marine Resources Commission to those individuals who may be authorized to carry a concealed weapon via a letter from the law-enforcement chief of the last agency that employed them. Under current law, retired state police, sheriff's deputies, and Department of Alcohol Beverage Control Special Agents are so authorized.
Patron - Barlow

F HB2130

Validity of out-of-state concealed handgun permits. Provides that a valid concealed handgun or concealed weapon permit or license issued by another state authorizes the holder who is at least 21 years of age to carry only a concealed handgun in Virginia. Currently, a concealed weapon permit issued by another state but valid in Virginia would conceivably allow the holder to carry any kind of concealed weapon allowed by that state.
Patron - Nutter

F HB2190

Crimes; production and possession of sexually explicit material involving children. Increases from a Class 5 to a Class 4 felony the inducing of a child to be the subject of sexually explicit material, or the production, filming or distribution of sexually explicit material involving children. The bill also increases the penalty for first-time conviction of possession of such material from a Class 1 misdemeanor to a Class 6 felony, and the penalty for a second or subsequent conviction of such offense from a Class 6 felony to a Class 5 felony.
Patron - Saxman

F HB2214

Virginia Charitable Gaming Commission; fair market rental value; minimum percentage to charity; waiver. Allows the rent paid by an organization for the rental of a bingo hall to be used as a lawful part of an organization's gross receipts. The bill also provides for a waiver of the Commission-determined percentage of gross receipts going to the charitable purposes for which the organization was specifically organized or chartered, and sets out how and when a waiver may be granted by the Commission.
Patron - Suit

F HB2227

Assault on retired law-enforcement officers; penalty. Makes it a felony to assault or cause bodily injury to a retired law-enforcement officer, where the assault or action causing injury is related to that officer's past performance of his duties.
Patron - Cline

F HB2235

Delivery of weapons to prisoners. Provides that any person who willfully in any manner delivers or attempts to deliver or conspires to deliver to any prisoner weapons of any nature capable of causing death or injury including knives, instruments, tools, or other things not authorized by the prison official, superintendent or sheriff is guilty of a Class 3 felony. Currently the statute only applies to firearms and ammunition or explosives.
Patron - Pollard

F HB2241

Crimes against children. Raises penalties for "consensual sex acts" with a minor over the age of 13 to a Class 3 felony, regardless of who the perpetrator is. Defines "parent" for the purposes of incest to include foster and adoptive parents, stepparents and step-grandparents.
Patron - Watts

F HB2252

Possession of alcoholic beverage in motor vehicle; penalty. Punishes possession of an "open container" with a $25 fine and punishes the same offense, if within five years of a suspension of license for a DUI conviction with a three-year license revocation.
Patron - Watts

F HB2265

Punishment for drunk driving. Makes the following changes to the law surrounding drunk driving: allows an officer to arrest for a DUI not committed in his presence; removes the requirement that a third DUI occur within a 10-year period for imposition of a felony charge or that a fourth DUI occur within a 10-year period for imposition of a mandatory, minimum year in jail; imposes a minimum, mandatory 30 days in jail for a third DUI within five years; imposes minimum, mandatory periods of incarceration for those driving drunk with a passenger in the vehicle; makes minimum, mandatory sentences for DUI run consecutively when more than one applies; reduces blood alcohol content levels required for minimum, mandatory sentences; and creates a minimum, mandatory sentence of five days when a drunk driver causes an accident resulting in personal injury.
Patron - Bell

F HB2281

Using a firearm in the commission of a simple assault or assault and battery; penalty. Provides that using a firearm in the commission of a simple assault or assault and battery is a Class 6 felony.
Patron - Hurt

F HB2308

State cigarette tax; possession of excessive amount of cigarettes. Provides that a natural person shall not have in his possession more than 100 cartons of cigarettes at any time. Violators shall be guilty of a Class 2 misdemeanor and the cigarettes shall be subject to confiscation.
Patron - Alexander

F HB2327

Gang crimes; penalty. Adds grand larceny (particularly for auto theft) and receipt of stolen vehicles to the list of predicate crimes tending to show a "pattern of criminal gang activity" under the crimes by gangs statutes.
Patron - Bland

F HB2331

Weight loss centers and clinics. Provides that a weight loss center or weight loss clinic may not use "dietician" or "nutritionist" in its name or advertisements unless it employs at least one full-time licensed, certified, or registered dietician or nutritionist. The considerable interest in the health risks of overweight and obesity has raised concerns about the claims of certain weight loss centers and clinics, the effectiveness of weight loss and weight control products and services, and the potential public health risks when persons lacking education, training, and competence in the nutritional sciences, dietetics or human nutrition, food and nutrition, or public health nutrition are responsible for the nutritional and dietary components of weight loss and weight control plans.
Patron - Bland

F HB2410

Definition of mental incapacity and physical helplessness; penalty. Provides that a person shall be deemed to have accomplished a sex act against the will of the complaining witness and through the use of the mental incapacity and physical helplessness of the complaining witness if he has, prior to the act complained of, administered a drug or controlled substance to the complaining witness without the consent or knowledge of the complaining witness and the drug had the effect of impairing the judgment, self-control, actions or consciousness of the complaining witness.
Patron - Marrs

F HB2460

Mentally disabled victims; penalty. Removes, for the purposes of charging a defendant with aggravated sexual battery against a mentally disabled person, the requirement that the mentally disabled person must also be a person of a young age, threatened with a dangerous weapon, or caused physical or mental harm. The bill also allows for testimony in a criminal trial to be given by mentally disabled victims in the same fashion as child victims and witnesses.
Patron - Johnson

F HB2513

Crimes; partial birth abortion; penalty. Makes it a Class 4 felony to deliberately and intentionally perform a partial birth abortion or a dilation and extraction abortion, unless such a procedure is necessary in the physician's appropriate medical judgment for the preservation of the life or health of the pregnant woman.
Patron - McDonnell

F HB2530

Hate crimes; penalty. Adds sexual orientation to the categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also 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 mandatory, minimum term. The bill also expands the hate crimes reporting requirements of the State Police.
Patron - Almand

F HB2534

Oral threats to school employees. Makes it a Class 1 misdemeanor to orally threaten an employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity, to kill or to do bodily injury to another employee. This means that the person who is the object of the threat does not have to actually receive the threat; however, the threat must be such that it would place the person who is the object of the threat in reasonable apprehension of death or bodily harm.
Patron - Byron

F HB2551

Concealing or compounding offenses; penalty. Raises the punishment for concealing or compounding offenses; if the offense is a felony, to a Class 6 felony from a Class 2 misdemeanor, and if the underlying offense is a misdemeanor, to the same punishment as the principal offender may receive.
Patron - Landes

F HB2585

Felonies and misdemeanors; penalties. Increases the penalty for a Class 1 misdemeanor to a maximum of 24 months in jail (current maximum 12 months) and a maximum $5,000 fine (current maximum $2,500). The same changes are made to the punishments for Class 5 and 6 felonies under which the court is allowed to find a defendant guilty of a felony, but punish as a misdemeanor.
Patron - Armstrong

F HB2598

Disobeying a lane direction control signal; involuntary manslaughter; penalty. Punishes the intentional running of a red light as a Class 1 misdemeanor and punishes the intentional running of a red light causing the death of another person as a Class 5 felony.
Patron - McDonnell

F HB2622

Sexual crimes. Amends the forcible sodomy and object sexual penetration statutes by removing the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence. This bill is similar to a change made by the 2002 General Assembly, which removed the same exemption from the rape statute (often called the marital rape exemption).
Patron - Marrs

F HB2623

Felony violation of protective order; penalty. Provides that any person convicted of a third or subsequent conviction of violation of a protective order committed within a 10-year period, when each such offense occurred on a different date, and where the same is alleged in the charging document, is guilty of a Class 6 felony.
Patron - Marrs

F HB2657

Death penalty; moratorium on executions. Provides that the Commonwealth shall not conduct executions of prisoners sentenced to death. All other matters of law relating to the death penalty, such as bringing and trying capital charges, sentencing proceedings, appeals and habeas review are not affected by the bill.
Patron - Darner

F HB2692

Injury to child in utero; penalty. Punishes as a Class 2 felony willful, deliberate and intentional conduct that is unlawful and causes death or permanent serious bodily injury to a child in utero. If the conduct is willful and deliberate but not intentional, it is punished as a Class 4 felony.
Patron - Bell

F HB2777

Receiving stolen goods. Provides that whenever proof of a criminal offense requires proof that any property in the possession of a person was known by that person to be embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated, it may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated.
Patron - Moran

F HB2798

Concealed handguns. Provides that any order denying issuance of a permit to carry a concealed handgun shall state the basis for the denial of the permit and the applicant's right to perfect an appeal; provides that the clerk of the circuit court shall give written notice by mail to the permit holder, at his last known address, of the expiration of his permit at least 60 days prior to expiration; places the responsibility for issuance of concealed handgun permits in the hands of the clerk of the circuit court; denial and revocation authority remains with the court; eliminates the concealed weapons permit fee for members of the United States Marshals Service who have completed 20 years of service or are aged 55 or older; provides that it is legal to carry a permitted concealed weapon while hunting regardless of the weather, that traffic misdemeanors do not prohibit one from obtaining a concealed handgun permit, that the clerk shall replace a lost or stolen permit and that the State Police shall establish a uniform size and shape for the permit; provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided the permit holder is not a resident of Virginia and, if the permit does not include a photograph of the holder, he carries a current state or federal government-issued photo identification. The bill also requires that the Attorney General enter into reciprocal agreements with the states that require it for recognition of the validity of Virginia concealed handgun permits and removes the requirement that the out-of-state permit holders meet Virginia requirements for issuance. The bill adds retired members of the Law Enforcement Division of the Virginia Marine Resources Commission to those individuals who may be authorized to carry a concealed weapon via a letter from the law-enforcement chief of the last agency that employed them. Under current law, retired state police, sheriff's deputies, and Department of Alcohol Beverage Control Special Agents are so authorized. The bill also provides that a valid concealed handgun or concealed weapon permit or license issued by another state authorizes the holder who is at least 21 years of age to carry only a concealed handgun in Virginia. Currently, a concealed weapon permit issued by another state but valid in Virginia would conceivably allow the holder to carry any kind of concealed weapon allowed by that state.
Patron - Cline

F HB2811

Charitable gaming; definition of reasonable and proper business expenses. Provides that expenses incurred by associations of war veterans or auxiliary units thereof organized in the United States in support of their charter or constitution shall qualify as reasonable and proper business expenses.
Patron - Gear

F HB2824

Penalizing employee for court appearance or service on jury panel. Provides that no person who is summoned or subpoenaed to appear in any court of law on behalf of a minor or dependent shall have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment for a period beginning 12 hours prior to his required appearance and ending 12 hours following his required appearance.
Patron - Jones, D.C.

F SB698

Transfer of firearms; criminal records check. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check.
Patron - Marsh

F SB701

F SB703

Possession of weapons on school property. Specifies that possession of a BB handgun or BB rifle on school property is punishable as a Class 6 felony.
Patron - Quayle

F SB734

F SB771

F SB797

Embezzlement by public official; penalty. Provides that it is a Class 4 felony for a public official or employee to knowingly misuse, misappropriate or unlawfully dispose of any public funds that he has access to or knows of because of his position. There is a mandatory, minimum term of 1 year of incarceration in a state correctional facility with no suspension of sentence for each $50,000 misused, misappropriated or unlawfully disposed of.
Patron - Reynolds

F SB939

Possession of firearms. Prohibits persons voluntarily admitted to a public mental health facility pursuant to § 37.1-65, or to a private mental health facility, from purchasing, possessing, or transporting firearms if the person is mentally ill and in need of hospitalization and presents an imminent danger to self or others as a result of mental illness. Under current law, this prohibition only applies to persons involuntarily committed. The bill also prohibits persons subject to protective orders from possessing firearms while the order is in effect. Currently, federal law prohibits such persons from possessing a firearm, but Virginia law does not codify this prohibition.
Patron - Colgan

F SB1104

Contraception not to constitute abortion. Provides that contraception is not subject to or governed by the abortion law set forth in Title 18.2. "Contraception" is defined, for all purposes, as the use of any process, device, or method to prevent pregnancy, including steroidal, chemical, physical or barrier, natural or permanent methods for preventing the union of an ovum with the spermatozoon or the subsequent implantation of the fertilized ovum in the uterus.
Patron - Whipple

F SB1136

Disobeying a traffic light; involuntary manslaughter; penalty. Punishes the intentional running of a red light as a Class 1 misdemeanor and punishes the intentional running of a red light causing the death of another person as involuntary manslaughter.
Patron - Stolle

F SB1142

Concealed handgun permits. Transfers the authority for issuance of the permits from the circuit court to the Department of State Police. The bill also establishes a procedure for nonresidents to obtain a permit to carry a concealed handgun in Virginia.
Patron - Stolle

F SB1155

Hate crimes; penalty. Adds sexual orientation to categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also 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 mandatory, minimum term. The bill also expands the terroristic act reporting requirements of the State Police.
Patron - Ticer

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Crimes and Offenses Generally

E-mail Webmaster