General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Criminal Procedure

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Criminal Procedure

Passed

P HB1383

Central Criminal Records Exchange; criminal nonsupport. Requires that a report of an arrest or conviction for criminal non-support be submitted to the Central Criminal Records Exchange, along with the fingerprints of the person arrested or convicted. This bill is identical to SB 707.
Patron - Cosgrove

P HB1424

Payment of medical fees in certain criminal cases. Provides that upon conviction of the defendant in any case in which medical fees were incurred in the process of gathering evidence, the court shall order that the defendant reimburse the Commonwealth. This bill is identical to SB 1209.
Patron - Byron

P HB1434

Sex Offender Registry. Requires the Department of State Police to provide the Virginia Criminal Sentencing Commission with Registry data in an electronic format. The Commission may use the data for research, evaluative or statistical purposes only and must ensure the confidentiality and security of the data. The Commission is required to keep the data confidential and secure. Use of the information for unauthorized purposes is a Class 1 misdemeanor.
Patron - Sherwood

P HB1496

Criminal procedure; offenses committed on boundary of localities. Provides that when an offense is committed on the boundary of two cities, the arrest and prosecution may be done by either city.
Patron - Cosgrove

P HB1683

Offense against two or more statutes or ordinances; double jeopardy. Provides that a federal conviction or a finding of not guilty, rather than mere federal prosecution, bars state prosecution for an act that violates both federal and state statutes.
Patron - McDougle

P HB1787

Forfeiture of recognizance bond. Changes outdated wording to current practice. Under the existing statute a judge is required to enter the default on "the page of his docket whereon the case is docketed." In practice, dockets are maintained on the automated case management system and district courts no longer maintain hard copy dockets. The bill requires the default to be entered on "case papers." This bill was recommended by the Committee on District Courts.
Patron - Kilgore

P HB1905

Bail bondsmen. Establishes an insurance agent license for surety bail bondsmen. A person who has not obtained a surety bail bondsman license from the State Corporation Commission is prohibited from selling, soliciting or negotiating insurance on behalf of an insurance company that becomes surety on or guarantees a bond that is posted to assure performance of terms and conditions specified as a condition of bail. To qualify for such a license, an individual must (i) be licensed by the Commission as a property and casualty insurance agent; (ii) pass an examination; and (iii) submit his fingerprints and authorization for the conduct of a national criminal history record information check through the Central Criminal Records Exchange to determine whether the applicant has been convicted of a felony. The Commission will also be provided copies of each power of attorney from a fidelity and surety insurer appointing the individual to execute bonds on its behalf. The Commission shall not issue, renew or reissue a surety bail bondsman license to any individual who has been convicted of a felony unless his civil rights have been restored. The Commission is required to establish a separate database from which it may access pertinent information regarding licensed surety bail bondsmen. A surety bail bondsman license is issued for a two-year term. The Commission shall provide for the collection of fees for license issuance and renewal that are sufficient to cover the expenses of administering and operating the program. In addition, revocation or refusal to issue or renew a license is mandatory for certain enumerated causes. The Commission is required annually to furnish to the Clerk of the Supreme Court and to every clerk of circuit court a list of all licensed surety bail bondsmen and notice of any suspension or revocation of a surety bail bondsman's license or a fidelity and surety insurer's license. The measure also requires any property bail bondsman to obtain a certificate from a circuit court judge. No person shall carry on the business of a property bail bondsman without such a certificate, which is a prerequisite for a revenue license in the localities that require such licenses for property bail bondsmen. In order to obtain a certificate after October 1, 2003, a property bail bondsman must provide information regarding his identity and property, which may include an appraisal of the fair market value of real estate, an affidavit regarding any liens thereon and his equity in the property, and fingerprints and other information in order to conduct a criminal history record information check through the Central Criminal Records Exchange. All existing certificates of property bail bondsmen will expire on October 1, 2003. This bill is a recommendation of the Virginia State Crime Commission.
Patron - Melvin

P HB1922

Writs of actual innocence. Clarifies the procedure for service upon the Attorney General and attorney for the Commonwealth and filing deadlines. The bill allows acceptance of service as verification of service, whereas the Code says that the Supreme Court may not accept the petition unless it is accompanied by a duly executed return of service verifying that a copy has been served on the Attorney General and attorney for the Commonwealth. The bill also specifies that the 30 days for the Attorney General's response begins to run upon receipt of the record by the clerk of the Supreme Court. Under current law it is not clear when the 30 days begins to run. This bill is a recommendation of the Judicial Council.
Patron - Almand

P HB1923

Death penalty; mental retardation. Establishes procedures for determining whether a defendant in a capital case is mentally retarded and may not be sentenced to death. In June the United States Supreme Court in Atkins v. Virginia, 536 U.S.___ (2002) held that the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment. This bill defines mental retardation, sets procedures for determining whether a defendant meets the definition and provides for the appointment of expert evaluators. When mental retardation is at issue, a determination will be made by the jury (or judge in bench trials) as part of the sentencing proceeding. The defendant bears the burden of proving mental retardation by a preponderance of the evidence. The bill establishes a procedure for defendants sentenced to death prior to the effective date of the bill to raise the issue of mental retardation. The majority of this bill was drafted by a subcommittee of the Crime Commission and the bill, as introduced, was a recommendation of the Commission. This bill is identical to SB 1239.
Patron - Almand

P HB2008

Restitution to crime victims. Removes the provision that exempted DUI convictions from the requirement for restitution for property damage or loss, medical expenses of the victim and community service. The bill also allows the court to include funeral expenses as restitution.
Patron - Bell

P HB2220

Court reporters. Provides that each judge of a court of record having jurisdiction over criminal proceedings is authorized to appoint a court reporter to record felony cases and habeas corpus proceedings. Prior law provided such authorization only in felony cases.
Patron - Woodrum

P HB2232

Duties and responsibilities of local pretrial services officers. Spells out with specificity the duties and responsibilities of local pretrial services officers.
Patron - Cline

P HB2379

Crime victim rights. Adds a child's foster parents or other custodians to the definition of "victim" in the Crime Victim and Witness Rights Act for purposes of allowing victim input for sentencing. Persons defined as victims have the right to certain notifications, to be consulted about plea agreements in felony cases, to remain in the courtroom, to submit a victim impact statement and to testify at a sentencing hearing. The bill does not affect the current law definition of victim under the Criminal Injuries Compensation Fund and would not entitle foster parents to compensation. This bill arises out of an Alexandria case where a foster mother was unable to testify at the sentencing hearing of the man convicted of killing her foster daughter. As introduced, this bill was a recommendation of the Crime Commission and is identical to SB 1162.
Patron - Moran

P HB2430

Nomenclature correction. Corrects nomenclature by changing the "Bureau" to the "Division" of Forensic Science.
Patron - Hugo

P HB2432

DNA of juvenile felons. Provides that criminal history information concerning juveniles shall be available to the Division of Forensic Science to verify its authority (based upon the felonious nature of the juvenile's criminal act) to maintain the juvenile's sample in the DNA data bank.
Patron - Hugo

P HB2461

Criminal procedure; collection of delinquent fines, costs, etc. Allows the attorney for the Commonwealth to enter into an agreement with the county or city treasurer for the collection of fines, costs, forfeitures and penalties that are delinquent more than 30 days. Currently the attorney for the Commonwealth can contract with private attorneys, private collection agencies or the local governing body for the collection of such fines, costs, forfeitures and penalties.
Patron - Johnson

P HB2500

Sealing of probation reports. Provides that investigation reports prepared by local probation officers are sealed upon final order of the court rather than upon receipt of the report by the court. The bill also provides that presentencing reports are to be sealed upon final order by the court rather than upon entry of the sentencing order.
Patron - Griffith

P HB2510

Destruction of misdemeanor arrest warrants, etc. Allows for the destruction of misdemeanor arrest warrants, summonses and capiases that were issued for a now deceased person, based on mistaken identity or as a result of any other technical or legal error.
Patron - McDonnell

P HB2514

Disposition of the unrestorably incompetent defendant. Provides that an unrestorably incompetent defendant charged with capital murder may be ordered to continue to receive treatment and competency evaluations indefinitely during his commitment. Currently, such person would have to be released after five years. This bill is identical to SB 1160.
Patron - McDonnell

P HB2541

Crime code references. Requires the use of Virginia crime code references for jailable offenses on all charging documents issued by magistrates, criminal warrants, summons, criminal indictments, informations and presentments, criminal petitions, summonses and dispositional documents from criminal trials, effective October 1, 2004. The crime codes will be recorded and stored in computer systems maintained by the State Police, the Supreme Court, the Department of Corrections, the Parole Board, the Department of Criminal Justice Services, the State Compensation Board and the Department of Juvenile Justice. The bill states that the crime code will be used only to facilitate administration and research, and will not have any legal standing related to a particular offense or offenses. The bill also clarifies that no indictment or other accusation will be invalid if the Virginia crime code references are omitted or stated incorrectly. The Virginia crime code references are maintained by the Virginia Criminal Sentencing Commission. This bill as introduced was recommended by the Virginia State Crime Commission.
Patron - McDonnell

P HB2578

Waiver of presentence reports. Allows the waiver of the presentence report requirement in criminal cases when the court, the Commonwealth and the defendant agree.
Patron - Armstrong

P HB2661

DNA samples for violent crime arrests. Clarifies that a DNA sample may be taken upon an arrest pursuant to a finding of probable cause by a grand jury as well as a magistrate; clarifies that a DNA sample is not to be destroyed upon an acquittal if there is a pending arrest that requires DNA sample retention; and requires that the sample be taken at the location designated by the arrest booking law-enforcement agency rather than the magistrate. The bill makes other technical corrections.
Patron - Janis

P SB707

Central Criminal Records Exchange; criminal nonsupport. Requires that a report of an arrest or conviction for criminal nonsupport be submitted to the Central Criminal Records Exchange, along with the fingerprints of the person arrested or convicted. This bill is identical to HB 1383.
Patron - Houck

P SB810

Grand jury records. Amends provision that requires grand jury notes, tapes and transcripts to be destroyed if there is no prosecution for perjury instituted within three years, to allow the court to delay destruction upon the request of the attorney for the Commonwealth if the grand jury was impanelled at his request.
Patron - Stolle

P SB811

Special grand jury. Expands subpoena power to include "tangible things." Records, papers and documents are already included.
Patron - Stolle

P SB817

Grand jurors. Increases the number of persons summoned to serve on a grand jury to nine from seven under current law.
Patron - Norment

P SB992

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 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.
Patron - Mims

P SB1002

Reports and records by Chief Medical Examiner admissible in both civil and criminal proceedings. Clarifies that reports prepared or attested to by the Chief Medical Examiner or an Assistant Chief Medical Examiner, and certified reports of autopsies are admissible in both civil and criminal courts. Under current law, because § 19.2-188 is sited in the title of the Code dealing with criminal procedure, the question has been raised as to whether the word "court" includes civil courts.
Patron - Mims

P SB1003

Victims' rights. Expands the services and information that law enforcement, the attorney for the Commonwealth and the Attorney General's Office must supply to victims of crimes. Victims will receive additional and more timely information about the investigatory and posttrial process.
Patron - Mims

P SB1134

Commonwealth's right to appeal. Makes changes to reflect a 2002 amendment that allowed the Commonwealth to appeal a felony sentence that is contrary to mandatory statutory sentencing or restitution terms. Prior to the 2002 amendment the provisions addressed only pretrial appeals and amendments were needed to delineate between the procedures that apply to pretrial appeals and those that apply to a sentencing appeal.
Patron - Norment

P SB1143

Final judgments in circuit court; when modifiable and appealable. Provides that final judgments in circuit court criminal cases remain under the control of the circuit court for 90 days rather than the current 21 days. The filing deadlines for appeals and the transfer of the trial record to the Court of Appeals are proportionately increased to maintain consistency with current practice.
Patron - Stolle

P SB1160

P SB1162

Crime victim rights. Adds a child's foster parents or other custodians to the definition of "victim" in the Crime Victim and Witness Rights Act for the purpose of offering victim input at the proceedings. Persons so defined have the right to remain in the courtroom, to submit a victim impact statement and to testify at a sentencing hearing. This bill arises out of an Alexandria case in which a foster mother was unable to testify at the sentencing hearing of the man convicted of killing her foster daughter. This bill is identical to HB 2379.
Patron - Ticer

P SB1164

Sex Offender and Crimes Against Minors Registry. Requires registration of a person who has been convicted of a third or subsequent offense of unlawful photographing, videotaping or filming of a nonconsenting person who is nude or in a state of undress that exposes private body parts in circumstances where the person would have a reasonable expectation of privacy.
Patron - Ticer

P SB1209

Medical fees in certain criminal cases to be taxed as costs. Requires that all medical fees involved in the gathering of evidence for all criminal cases where medical evidence is necessary to establish a crime has occurred and for cases involving abuse of children under the age of 18 be reimbursed to the Commonwealth by the defendant if he is convicted. This bill is identical to HB 1424.
Patron - Newman

P SB1239

Death penalty; mental retardation. Establishes procedures for determining whether a defendant in a capital case is mentally retarded and may not be sentenced to death. In June the United States Supreme Court in Atkins v. Virginia, 536 U.S.___ (2002) held that the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment. This bill defines mental retardation, sets procedures for determining whether a defendant meets the definition and provides for the appointment of expert evaluators. When mental retardation is at issue, a determination will be made by the jury (or judge in bench trials) as part of the sentencing proceeding. The defendant bears the burden of proving mental retardation by a preponderance of the evidence. The bill establishes a procedure for defendants sentenced to death prior to the effective date of the bill to raise the issue of mental retardation. This bill is identical to HB 1923.
Patron - Norment

P SB1240

Special conservators of the peace. Makes comprehensive changes to the requirements governing appointments of special conservators of the peace. The bill also provides that the Criminal Justice Services Board may adopt training standards/requirements for special conservators of the peace; requires that, effective September 15, 2004, a person possess a valid registration issued by the Department of Criminal Justice Services before he may be appointed a special conservator of the peace; and provides that the Department of Criminal Justice Services investigate the suitability of applicants for registration, including conducting a drug and alcohol screening. Persons registered as special conservators of the peace must be covered by a cash or surety bond, or liability insurance or self-insurance. The employers of those individuals exempted from the registration requirements due to their employment, such as law-enforcement officers, must notify the circuit court within 30 days of the date the employee leaves employment and the former employee's powers as a special conservator are void. Failure to provide such notification is punishable by a fine of $250 plus an additional $50 per day for each day such notice is not provided. The bill limits court appointments of conservators of the peace to the judicial circuit wherein application was made, voids appointments of school security officers as special conservators of the peace prior to July 1, 2002, and voids appointments of special police officers pursuant to § 15.2-1737 as of September 15, 2004. The Private Security Services Advisory Board is expanded to include a special conservator of the peace member. This bill is a recommendation of the Virginia State Crime Commission.
Patron - Norment

P SB1338

Mental examination report. Requires that the mental examination report for persons convicted of a crime indicating a sexual abnormality be furnished to the defendant, defense counsel and the attorney for the Commonwealth five days in advance of the sentencing hearing and to the judge in advance of the sentencing hearing. Current law states that the report shall be furnished "when completed."
Patron - Rerras

Failed

F HB1384

Public defenders' offices. Requires the establishment of a public defender's office in the City of Chesapeake.
Patron - Cosgrove

F HB1412

Obtaining records of financial transactions and services by court order. Expands the options for seizing financial records in a criminal investigation to include a court order that is based on a reason to believe such records are relevant to a legitimate law-enforcement inquiry. The new section loosely tracks law already in effect for obtaining electronic communication records.
Patron - Cosgrove

F HB1466

Jury sentencing. Provides that if the jury cannot agree on a punishment after a criminal trial and if the defendant and the attorney for the Commonwealth do not agree that the court shall fix punishment, the court shall impanel a different jury solely for the purpose of determining punishment. Currently, if the jury cannot agree on a punishment and if the defendant, the attorney for the Commonwealth, and the court agree, then the court shall fix punishment. There is no sentencing option if those parties fail to agree.
Patron - Janis

F HB1555

Offense against two or more statutes or ordinances; double jeopardy. Removes the provision in the double jeopardy statute that would bar a prosecution in the Commonwealth if the offense could also be prosecuted federally. This bill is incorporated into HB 1683.
Patron - Hargrove

F HB1561

Central Criminal Records Exchange; reports by law-enforcement. Requires every state official or agency having the power to arrest, the sheriffs of counties, the police officials of cities and towns, and any other local law-enforcement officer or conservator of the peace having the power to arrest for a crime to make a report to the Central Criminal Records Exchange of any arrest, including those arrests involving the taking into custody of, or service of process upon, any person on charges resulting from an indictment, presentment or information, the arrest on capias or warrant for failure to appear, and the service of a warrant for another jurisdiction, for criminal nonsupport.
Patron - Orrock

F HB1570

Criminal procedure; public defender offices. Requires the Public Defender Commission to establish an office in any judicial circuit that does not have one.
Patron - Hamilton

F HB1571

Criminal procedure; public defender office. Requires the Public Defender Commission to establish an office in Newport News.
Patron - Hamilton

F HB1579

Sentencing proceeding by jury after conviction. Provides that, for the purposes of sentencing an individual already convicted of a crime, if the same jury cannot be assembled for sentencing, the court shall impanel a different jury to ascertain punishment, unless (as is already the case in the event a sentence is set aside) the defendant, the attorney for the Commonwealth and the court agree that the court should decide punishment.
Patron - Parrish

F HB1626

When appeal by the Commonwealth in felony actions allowed. Allows the Commonwealth to appeal a dismissal of a criminal case based on a violation of the defendant's right to a speedy trial.
Patron - Cox

F HB1768

Blood, saliva or tissue sample for DNA analysis. Adds epidermal cells to the list of those things that can be taken for a criminal DNA sample.
Patron - Nutter

F HB1859

Expungement of criminal records; unjust convictions. Requires, in all cases where the expungement of a criminal record is based on an absolute pardon for the commission of a crime for which the petitioner had been unjustly convicted or a writ of actual innocence has been issued and the petitioner has been confined to a state or local correctional facility for at least six months, that the circuit court also attach an order entitling the petitioner to (i) waiver of tuition and other mandatory fees for any public institution of higher education in the Commonwealth, (ii) lifetime authorization to enter Virginia's state parks for up to seven days per year without having to pay an admittance or parking fee, (iii) assessment and guidance services including, but not limited to, aptitude testing, mental health assessment, substance abuse counseling and job placement service, to be provided by the appropriate state agency at no cost, (iv) lifetime membership to the Virginia Museum of Fine Arts, and (v) a transition assistance grant of $15,000, in all cases. The bill also provides that when the Governor has granted an absolute pardon for the commission of a crime for which the individual requesting the pardon has been unjustly convicted, he shall also provide to the individual unjustly convicted a letter of exoneration detailing the circumstances of the unjust conviction.
Patron - O'Bannon

F HB1912

Writ of actual innocence based on previously unknown evidence. Allows a convicted and incarcerated individual to petition the Supreme Court for a writ of actual innocence based upon any new evidence, not just DNA.
Patron - Almand

F HB2001

Home/electronic incarceration program. Restricts eligibility for the home/electronic incarceration program to those persons convicted of a misdemeanor that is not driving under the influence of alcohol/drugs or assault and battery against a family or household member. The program is currently available to persons serving time in local correctional facilities who are convicted of misdemeanors and most nonviolent felonies.
Patron - Bell

F HB2038

Disclosure of information in criminal cases. Provides that the attorney for the Commonwealth shall not disclose those records obtained in the course of a criminal prosecution that pertain to persons who are not charged with a crime associated with that prosecution. The bill provides that intentional disclosure of such records is a Class 1 misdemeanor.
Patron - Marshall, R.G.

F HB2076

Dissemination of criminal history record information; school volunteers. Provides that persons who offer volunteer assistance to county or city schools may obtain a copy of their criminal history record at no cost to the volunteer. The bill's purpose is to help schools screen their volunteer pool for sex offenders.
Patron - Gear

F HB2082

Chemical castration. Provides that on and after January 1, 2004, when a person is convicted of a felony offense of certain, specified sex crimes, the court shall order the person to submit to chemical castration (hormone chemical treatment with medroxyprogesterone acetate or its equivalent) for the entire term of his sentence including any suspended sentence and post-release supervision.
Patron - Gear

F HB2208

Search warrants; limitation on public inspection. Provides that public inspection of a search warrant and supporting affidavit may be temporarily sealed by the appropriate court upon application of the attorney for the Commonwealth for good cause shown in an ex parte hearing. Currently, only the affidavit may be temporarily sealed.
Patron - Jones, S.C.

F HB2332

Criminal background check screening for employment. Eliminates the barrier crime that prevents those convicted of felonies from being employed in child care, adult care, education, nursing, mental health, mental retardation and substance abuse fields. The bill requires that criminal background checks be done as part of a screening for employment, but lets the hiring body make the determination whether the applicant for employment is qualified.
Patron - Bland

F HB2384

F HB2424

Postrelease supervision of felons. Removes apparently redundant sentences restating minimum and maximum periods of postrelease supervision applicable to those inmates not eligible for parole and returns to language similar to that which appeared in the section prior to the 2000 amendments. Currently, the judge is required to impose a term of postrelease supervision, suspend it and impose virtually the same term. This amendment clarifies that the judge would impose a term of confinement, suspend that and impose, instead, a term of postrelease supervision.
Patron - Janis

F HB2506

Orders for facial recognition technology. Creates a procedure by which a locality or a law-enforcement agency shall apply for an order from a court prior to employing facial recognition technology. Facial recognition technology means any technology or software system that identifies humans by using a biometric system to identify and analyze a person's facial characteristics and is employed for the purpose of matching a facial image captured by cameras placed in any public place, other than in a state or local correctional facility, with an image stored in a database.
Patron - Griffith

F HB2517

F HB2575

Criminal sentencing; record of prior convictions. Creates a rebuttable presumption that the convictions listed on a report from the Virginia Criminal Information Network (VCIN) are accurate and that the defendant had counsel or waived counsel in convictions listed on the VCIN report. Currently the Commonwealth must provide a certified copy of the conviction.
Patron - Armstrong

F HB2587

Criminal procedure; DNA analysis after arrest for violent felony. Provides that the sample of saliva or tissue taken for DNA (deoxyribonucleic acid) analysis from every person arrested for a violent felony be taken as soon as practicable as opposed to the current requirement that it be taken prior to release from custody.
Patron - Armstrong

F HB2588

Procedures for taking saliva or tissue sample for DNA analysis. Changes responsibility for assigning the place where DNA samples are to be taken from arrestees (arrested for violent felonies), from the magistrate to the law-enforcement agency that books the arrestee.
Patron - Armstrong

F HB2684

Victims of Drunk Driving Fund. Establishes a Victims of Drunk Driving Fund as a part of the Virginia Crime Victim-Witness Fund to be funded by those convicted of drunk driving at $125 per conviction. The Fund would be used to assist those injured in accidents resulting from a violation of drunk driving laws.
Patron - Moran

F HB2691

Arrest for drunk driving. Allows an officer to arrest for a DUI not committed in his presence.
Patron - Bell

F HB2786

Commonwealth's failure to provide discovery. Provides that the Commonwealth's willful failure to obey a court order to provide discovery to a defendant is a Class 1 misdemeanor. The bill also expands discovery available to a defendant, consistent with the federal rules.
Patron - Griffith

F HB2787

F HB2791

Protective orders authorized in cases of stalking and acts of violence. Includes in the provisions that allow for the issuance of protective orders following incidents of stalking, provisions that allow for the issuance of protective orders following incidents of assault, or violent acts resulting in injury to a person or to property.
Patron - McDougle

F SB705

F SB733

F SB894

Deferral and dismissal; community-based corrections program. Expands the section allowing a misdemeanor charge to be discharged and dismissed if the defendant fulfills the terms and conditions of his probation even though the facts justify a finding of guilt. The bill allows discharge and dismissal for any misdemeanor (except DUI) whereas current law includes certain property crimes only. The bill also allows a judge to order successful completion of a community-based corrections program as a term or condition of probation for discharge and dismissal. Under current law a person must be convicted before being sentenced to a community-based corrections program.
Patron - Watkins

F SB1005

Juvenile fingerprints. Requires, in cases where juvenile fingerprints are taken under current law, retention of the fingerprints if the original charge against the juvenile was reduced to a misdemeanor or if there was no finding of guilt pursuant to a deferred disposition. Under current law the only situation in which fingerprints retained on a juvenile who is found not guilty is if the juvenile is charged with a violent juvenile felony.
Patron - Mims

F SB1031

F SB1062

Criminal history record information; restrictions on access. Provides that a person's criminal history record information may not be released if he was convicted of a misdemeanor or a nonviolent felony, excluding certain drug offenses, and it has been three years since he completed his conviction-related obligations or five years if it is a violent felony or a drug-related offense. The prohibition on release is suspended for seven or 10 years if there is a subsequent conviction and there is an exception for law-enforcement and high-level security positions. This bill would apply to criminal history record information for employment, professional licensing, qualification as foster and adoptive parents, voluntary work with children, etc.
Patron - Maxwell

F SB1065

Expungement of criminal records. Requires a circuit court to expunge an individual's existing arrest record, upon petition to the court, for acquittals, nolle prosequis, dismissals or pardons if the court finds that the arrest that the petitioner seeks to expunge resulted in any such disposition. Currently, it may do so only if expungement would avoid manifest injustice to the petitioner. The bill also provides that at the conclusion of any hearing upon a dismissal, acquittal or nolle prosequi that the court shall, upon motion by the defendant, grant a motion for expungement. Such expungement is currently limited to a dismissal pursuant to mistaken identity only.
Patron - Maxwell

F SB1141

Death penalty; mental retardation. Establishes procedures for determining whether a defendant in a capital case is mentally retarded and may not be sentenced to death. In June the United States Supreme Court in Atkins v. Virginia, 536 U.S.___ (2002) held that the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment. This bill defines mental retardation, sets procedures for determining whether a defendant meets the definition and provides for the appointment of expert evaluators. When mental retardation is at issue, a determination will be made by the jury (or judge in bench trials) as part of the sentencing proceeding. The defendant bears the burden of proving mental retardation by a preponderance of the evidence. The bill establishes a procedure for defendants sentenced to death prior to the effective date of the bill to raise the issue of mental retardation. This bill was drafted by a subcommittee of the Crime Commission and is a recommendation of the Commission. This bill is incorporated into SB 1239.
Patron - Stolle

F SB1241

Death penalty; mental retardation. Establishes procedures for determining whether a defendant in a capital case is mentally retarded and may not be sentenced to death. In June the United States Supreme Court in Atkins v. Virginia, 536 U.S.___ (2002) held that the execution of a mentally retarded person is cruel and unusual punishment prohibited by the Eighth Amendment. This bill defines mental retardation, sets procedures for determining whether a defendant meets the definition and provides for the appointment of expert evaluators. When mental retardation is at issue, a determination may be made pretrial by the judge or by the jury as part of the sentencing proceeding. The defendant bears the burden of proving mental retardation by a preponderance of the evidence. The bill establishes a procedure for defendants sentenced to death prior to the effective date of the bill to raise the issue of mental retardation. This bill is incorporated into SB 1239.
Patron - Edwards

F SB1281

Appointment of court reporters. Authorizes a judge of a court of record to appoint a court reporter in misdemeanor cases. Currently, the Code authorizes appointment only in felony cases.
Patron - Edwards

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Criminal Procedure

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