General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Crimes and Offenses Generally

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Crimes and Offenses Generally

Passed

P HB1

Feticide. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. The bill also provides that any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years. This bill is identical to SB 319.
Patron - Cosgrove

P HB43

Restricted permit to operate a motor vehicle. Authorizes a court to issue a restricted permit to operate a motor vehicle to a person in order for that person to travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation.
Patron - Reese

P HB67

Definition of a law-enforcement officer. Corrects a subsection reference that was overlooked in the recodification of Title 9 into Title 9.1 in 2003.
Patron - Sherwood

P HB79

Possession or transportation of firearms by certain persons. Provides that a person who is not a citizen and is not lawfully present in the United States shall be subject to punishment as a Class 6 felon for possession of any firearm. Currently, the law prohibits the possession of an assault weapon by any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence.
Patron - Wright

P HB119

Venue of mob crimes. Provides that venue for all actions and prosecutions of any mob crime shall be in the county or city wherein such crime occurred, or of the county or city from which the victim may have been taken. Currently, such venue lies only in the circuit court of such city or county.
Patron - Albo

P HB127

DUI; previous offender and breath test refusal. Punishes refusal to submit to a blood alcohol test as a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and as a Class 1 misdemeanor if the offender has two prior such offenses. Both offenses also carry a three-year license suspension.
Patron - Albo

P HB152

Department of Charitable Gaming; permits. Prohibits the Department of Charitable gaming from denying, suspending, or revoking the permit of any organization solely because of its failure to meet the required minimum percentage of its gross receipts required to be used for charitable purposes, as prescribed by regulations adopted pursuant to subdivision 1 of § 18.2-340.19, provided that (i) the organization is otherwise in compliance with the laws and regulations governing charitable gaming in the Commonwealth; (ii) there are no pending criminal charges or prior convictions against an officer of the organization or game manager involving a felony related to fraud, theft, or financial crimes, or involving a misdemeanor related to moral turpitude; and (iii) the Department determines that an organization has used sufficient proceeds for the lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. The bill also provides that this "waiver" shall expire on December 31, 2005, or when replacement regulations adopted pursuant to subdivision 1 of § 18.2-340.19 by the Charitable Gaming Board, become effective, whichever occurs first.
Patron - Albo

P HB167

Crimes; carrying concealed weapon. Adds machete to the list of those weapons that are illegal to carry on the person hidden, from observation.
Patron - Albo

P HB184

Malicious bodily injury; caustic substance. Provides that maliciously and intentionally causing bodily injury to another by means of an infectious biological substance or radiological agent is a felony punishable by confinement in a state correctional facility for five to 30 years
Patron - Oder

P HB215

Concealed weapons permit. Provides that an out-of-state concealed weapons permit authorizes the holder of the permit to carry a handgun in the Commonwealth if the permit holder is at least 21 years of age. The bill allows recognition of the other state's permit even if the other state has a lower age requirement and permits weapons other than handguns. Virginia's age requirement (21 years) would apply and the only weapon authorized while the permit holder is in Virginia is a handgun. The bill allows the Superintendent of State Police, in consultation with the Attorney General, to enter into reciprocity agreements with any state qualifying for recognition under these requirements. In addition, the bill establishes a procedure for nonresidents of the Commonwealth who are at least 21 years old to apply to the Virginia Department of State Police for a five-year permit to carry a concealed handgun, which includes proof of demonstrated competence with a handgun. The bill also requires residents of the Commonwealth to submit proof of demonstrated competence when applying for a concealed handgun permit. Previously, it was left to the court's discretion as to whether or not to require proof of competency. This bill incorporates HB 641.
Patron - Athey

P HB217

Mandatory minimum fine for a first offense DUI. Provides that there is a mandatory minimum fine of $250 for all first offense DUIs, not just for those offenders with an elevated blood alcohol content.
Patron - Athey

P HB238

P HB286

Crimes; possession of weapon on school property. Allows an off-duty law-enforcement officer to carry his handgun on school grounds. Currently, only a law-enforcement officer while engaged in his official duties may carry his weapon onto school grounds.
Patron - Cosgrove

P HB324

Escape from a drug treatment facility. Provides that a charge of escape from a drug treatment facility may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment.
Patron - Griffith

P HB375

Requirements for firearm sales. Provides that for the purpose of firearm purchase, the permanent duty post of a member of the armed services is considered his residence. Where a purchaser presents a copy of his permanent orders assigning him to a duty post in Virginia along with photo-identification issued by the Department of Defense, no other documentation or residency shall be required by the seller. The bill also allows any type of communication authorized by the State Police, and not just a telephone call, to ascertain a prospective purchaser's criminal record. The bill removes the requirement that firearm safety information be posted and handed out where firearms are sold.
Patron - Lingamfelter

P HB382

Concealed handgun permit applications; social security numbers. Allows a clerk of court to withhold from public disclosure the social security number in a concealed handgun permit application in response to a request to inspect or copy such permit application. However, the social security number shall not be withheld from a law-enforcement officer acting in the performance of his official duties.
Patron - Lingamfelter

P HB402

Concealed handgun permit; issuance of permit. Provides that a copy of a concealed handgun permit application will become a de facto permit if the court does not grant or deny the permit within 45 days of receipt of the completed application. The bill requires the clerk of the court to record the date that the completed application is received, and certify on the application if no action is taken by the court within the required 45-day time period. The clerk must send a copy of the certified application to the applicant, and the copy will serve as a de facto permit until the court grants a five-year concealed handgun permit or finds the applicant to be disqualified. If the five-year permit is denied, the applicant must surrender the de facto permit to the court. The clerk must also forward a copy of the certified application to the State Police and local law-enforcement agencies, so that the permit's existence and status will be known to law-enforcement agencies.
Patron - Janis

P HB404

One gun a month. Allows the holder of a valid Virginia concealed-carry permit to purchase more than one handgun a month. The bill also allows a person to purchase more than one handgun a month if purchased through a private sale. Private sale is defined as a sale by a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection of curios or relics, or who sells all or part of his personal collection of curios or relics. The bill incorporates HB 186.
Patron - Janis

P HB414

Possession or transportation of explosives by convicted felons; penalties. Provides that it is a Class 6 felony for a convicted felon to possess or transport explosive material, e.g., dynamite, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord, etc.
Patron - Lewis

P HB437

Charitable gaming; prohibited practices; exceptions. Provides that the statutory limits for the award of any bingo prize money shall not apply to any bingo game, commonly referred to as "Lucky Seven games" described in the bill, and sets prize limits for these games.
Patron - Suit

P HB444

Concealed handgun application. States that there is no requirement as to the length of time an applicant for a concealed handgun permit must have been a resident or domiciliary of the county or city where he applies.
Patron - Suit

P HB569

Recruitment of juveniles for criminal street gang; penalty. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill creates a Class 1 misdemeanor for a person of any age to recruit a person into a criminal street gang. Current law punishes an adult recruiting a minor as a Class 6 felony. The bill creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The bill makes a third or subsequent conviction within 10 years of prohibited criminal street gang participation and recruitment a Class 3 felony (five to 20 years). The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. The bill also amends the obstruction of justice statute to include gang-related crimes. The bill adds gang activity to the list of crimes that a multijurisdictional grand jury can investigate. This bill is identical to SB 321.
Patron - Albo

P HB632

Assisting individuals in unlawfully procuring prescription drugs; penalty. Provides that any person who, for compensation, knowingly assists another in unlawfully procuring prescription drugs from a pharmacy or other source he knows is not licensed, registered or permitted by the licensing authority of the Commonwealth, any other state or territory of the United States, or the United States, is guilty of a Class 1 misdemeanor and, upon a second or subsequent conviction, a Class 6 felony.
Patron - O'Bannon

P HB640

Malicious injury; law-enforcement officers. Adds game wardens to the definition of law-enforcement officer so that the enhanced penalty will apply if they are the victims of malicious or unlawful wounding. Malicious wounding is a Class 3 felony (five-20 years) and malicious wounding of a law-enforcement officer is five-30 years with a mandatory minimum term of imprisonment of two years. In the case of unlawful wounding the penalty is a Class 6 felony (one-five years) with a mandatory minimum term of imprisonment of one year if the victim is a law-enforcement officer.
Patron - Abbitt

P HB645

Buildings that can be burglarized. Revises the statutory definition of burglary by replacing the list of buildings that can be burglarized with the term "any building permanently affixed to realty."
Patron - Bell

P HB654

Persons authorized to take blood samples. Provides that registered nurses, licensed practical nurses and phlebotomists are authorized to take blood samples in DUI cases and for DNA samples.
Patron - Bell

P HB656

Assault and battery against a family or household member; penalty. Revises the time period from 10 to 20 years in which three convictions for assault and battery against a family or household member must occur in order that the third one be a felony.
Patron - Bell

P HB660

Aggravated sexual battery. Provides that aggravated sexual battery committed through the use of the complaining witness's mental incapacity is, in and of itself, without any additional factors considered, a felony offense. Under current law, one of the following additional factors would be necessary: (i) the complaining witness is at least 13 but less than 15 years of age, (ii) the accused causes serious bodily or mental injury to the complaining witness, or (iii) the accused uses or threatens to use a dangerous weapon.
Patron - Bell

P HB663

Unlawful filming, videotaping or photographing of child; penalty. Provides that videotaping, photographing or filming a nude or undergarment-clad nonconsenting person under the age of 18, under circumstances where the person would have a reasonable expectation of privacy, is punishable as a Class 6 felony. Currently, the offense is a Class 1 misdemeanor without regard to the age of the nonconsenting person.
Patron - Bell

P HB664

Arrest for drunk driving. Allows a law-enforcement officer to arrest without a warrant a person who was involved in a motor vehicle accident within three hours of the occurrence of the accident at any location if the officer has probable cause to suspect that the person was driving or operating the motor vehicle while intoxicated. Under current law, the arrest must take place at the scene of the accident or at a hospital or medical facility to which the person has been transported.
Patron - Bell

P HB667

Penalties for driving while intoxicated. Reduces the blood alcohol content from 0.20 to 0.15 for purposes of mandatory confinement of five days, (10 days for second offense in 10 years), and reduces the blood alcohol content from 0.25 to 0.20 for purposes of mandatory confinement of 10 days, (20 days for second offense in 10 years).
Patron - Bell

P HB718

Definition of sexual abuse. Adds to the definition of sexual abuse used in criminal cases: "the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts."
Patron - Shannon

P HB734

Penalizing employee for service on jury panel. Provides that a person who is summoned to serve on jury duty is not required to work on the day of his jury service.
Patron - Joannou

P HB760

Criminal street gang crimes. Makes a third or subsequent conviction of sections prohibiting criminal street gang participation and recruitment within 10 years a Class 3 felony (five to 20 years in prison).
Patron - Hurt

P HB786

Procedure for taking blood samples. Adds pvp iodine and povidone iodine as substances that may be used to cleanse the part of the body from which a sample of blood is taken for testing for DUI.
Patron - McDougle

P HB801

Hazing. Extends criminal liability to those who haze gang members. Currently, the law is limited to student victims.
Patron - Petersen

P HB863

Third offense assault and battery against a family or household member. Provides that upon a conviction for assault and battery against a family or household member, when the person has been previously convicted of two offenses of (i) assault and battery against a family or household member in violation of § 18.2-57.2, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements as any of the above offenses, in any combination, all of which occurred within a period of 10 years, and each of which occurred on a different date, the person is guilty of a Class 6 felony. Currently, the Class 6 felony applies only if the prior convictions were for assault and battery against a family or household member.
Patron - Byron

P HB871

Infected sexual battery; penalty. Provides that any person who, knowing he is infected with HIV, syphilis or hepatitis B has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with another person without having previously disclosed the existence of his infection to the other person is guilty of a Class 1 misdemeanor. The current law provision that it is a Class 6 felony to engage in such activity with the intent to transmit the infection to another person remains unchanged.
Patron - Byron

P HB872

Identity theft; fictitious name; identity theft passport; Attorney General to conduct criminal prosecutions; day care records; penalties. Authorizes the Attorney General, with the concurrence of the attorney for the Commonwealth, to assist in the prosecution of the crimes of identity theft (§ 18.2-186.3) and the use of a person's identity with the intent to intimidate, coerce, or harass (§ 18.2-186.4). The bill allows for a conviction under the identity theft statutes when the defendant uses a false or fictitious name. The bill requires the Division of Motor Vehicles, upon notification from the Attorney General that an Identity Theft Passport has been issued to a driver, to note the same on the driver's abstract. The bill directs child day programs that reproduce or retain documents of a child's proof of identity that are required upon the child's enrollment into the program to destroy them upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means.
Patron - Byron

P HB1055

Repeal of various statutes. Repeals, by recommendation of the Title 18.2 Study Subcommittee of the Virginia State Crime Commission, 12 statutes in Title 18.2 that have been little used and whose offenses are covered by other statutes. In determining whether to recommend a statute for repeal, the subcommittee looked at various factors, including the date enacted, the number of convictions under the statute, whether the statute was the subject of any appellate court cases and whether the elements of the offenses were covered by other statutes. The statutes repealed include conversion of certain military property, sale of goods of another and failure to pay over proceeds, dogs not permitted in Capitol Square, trespassers forbidden to jump on or off railroad cars or trains, false statements by purchaser of real property as to use for personal residence, false statement or willful overvaluation of property for purposes of influencing lending institution, unlawful use of words "Official Tourist Information," commitment of persons convicted of certain offenses, detaining male or female in bawdy place against his or her will and conspiring to cause spouse to commit adultery.
Patron - Albo

P HB1059

Mandatory minimum punishment. Sets out a definition of mandatory minimum punishment to mean that the court shall impose the entire term of confinement, the full amount of the fine and the complete requirement of community service. Currently the term is used inconsistently throughout the Code. This is a recommendation of the Title 18.2 Study Subcommittee of the Crime Commission.
Patron - McDonnell

P HB1060

Selected provisions of Title 18.2. Moves certain statutes out of Title 18.2 and into other titles of the Code. Bad check and civil liability provisions are moved to Title 8.01, authorizations for local ordinances are moved to Title 15.2 and nuisance provisions are moved to Title 48. This bill is a recommendation of the Title 18.2 Study Subcommittee of the Virginia State Crime Commission.
Patron - McDonnell

P HB1093

Abuse and neglect of incapacitated adult. Raises from a Class 6 felony to a Class 4 felony the penalty for abusing or neglecting an incapacitated adult where the abuse or neglect results in serious bodily injury or disease.
Patron - Moran

P HB1107

Penalty for driving while intoxicated; subsequent offense. Increases from 30 days to six months the minimum mandatory sentence for a third offense DUI committed within five years.
Patron - Moran

P HB1123

Racketeer Influenced and Corrupt Organization (RICO) Act. Creates a RICO act for Virginia under which various violations of the criminal law become racketeering. The Attorney General is authorized to conduct criminal prosecutions of RICO with the concurrence of the local attorney for the Commonwealth. Racketeering activity is defined as committing, attempting or conspiring to commit, or soliciting, coercing or intimidating another person to commit two or more offenses involving: gang crimes, terrorism, obstruction of justice, waste management, murder, voluntary manslaughter, kidnapping, certain woundings, robbery, arson, burglary, grand larceny, embezzlement, forgery, obtaining money by false pretenses, false statements to obtain property or credit, credit card offenses, money laundering, drug offenses, certain firearm offenses, illegal gambling, prostitution, abuse and neglect of incapacitated adults, producing child pornography, unlawful paramilitary activity, perjury, bribery, government fraud, Medicaid applications or possession of unstamped cigarettes. Using or investing an aggregate of $10,000 or more of racketeering proceeds to acquire real property or to establish a criminal enterprise is a felony punishable by five-40 years of confinement and a fine of not more than $1 million for a first offense and a Class 2 felony and a fine of not more than $2 million for a second or subsequent offense. Money transmission of proceeds from a racketeering activity is a Class 6 felony. The sale, purchase, transport, receipt or possession of 3,000 or more packages of unstamped cigarettes for the purposes of evading taxes is a Class 6 felony. Subpoena duces tecum provisions are amended to include money transmitters and commercial businesses providing credit histories and reports. The bill contains venue and forfeiture provisions. This bill is identical to SB 320.
Patron - McDonnell

P HB1125

Computer crimes committed by adults. Clarifies language to ensure that 18-year-olds are covered by the statute criminalizing use of a communications system to solicit sexual activity with children.
Patron - McDonnell

P HB1129

Audiovisual recording of motion pictures unlawful; penalty. Prohibits recording of a motion picture while it is being shown at a movie theater and punishes such behavior as a Class 1 misdemeanor. A movie theater owner or lessee or his agent or employee who has probable cause to believe that a person has made such a recording may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer and shall not be civilly liable for such a detention.
Patron - McDonnell

P HB1130

Forfeiture of vehicle for third DUI offense. Provides that the Commonwealth may seize and order forfeited the motor vehicle solely owned by a person convicted of a felony DUI. Seizure does not occur until conviction and the exhaustion of all appeals. An immediate family member of the owner of the motor vehicle who was not the driver at the time of the violation may petition the court for the release of the motor vehicle. If he proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that vehicle is seized and forfeited, the court may release the vehicle. In the event the vehicle is sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth will have a right of action against the seller for the proceeds of the sale.
Patron - McDonnell

P HB1138

Mandatory ignition interlock. Provides that, in addition to any penalty provided by law for a DUI conviction, the court shall, for any offense where an offender's blood alcohol content equals or exceeds 0.15 percent, as a condition of a restricted license or as a condition of license restoration, require an ignition interlock.
Patron - McDonnell

P HB1143

Multiple DUI offenders; Trauma Center Fund. Establishes in the state treasury a special nonreverting fund to be known as the Trauma Center Fund. The Fund shall consist of any moneys paid into it by those who are convicted of two or more DUI-related offenses within 10 years and any moneys appropriated by the General Assembly. Any person so convicted must pay $25 to the Trauma Center Fund for the purpose of defraying the costs of providing emergency medical care to victims of automobile accidents attributable to alcohol or drug use. The Department of Rehabilitative Services is to award and administer grants from the Fund to appropriate trauma centers based on written criteria that it develops.
Patron - McDonnell

P HB1144

Purchase of firearms. Provides that the law governing purchase of firearms in Virginia by Virginians shall not apply to restrict purchase, trade or transfer of firearms by a resident of Virginia when the resident of Virginia makes such purchase, trade or transfer in another state and that when a resident of Virginia makes a purchase, trade or transfer of firearms in another state, the laws and regulations of that state and of the United States governing the purchase, trade or transfer of firearms shall apply. The bill specifies that a National Criminal Background Check System check must be performed prior to the purchase, trade or transfer.
Patron - McDonnell

P HB1147

Penalty for driving while intoxicated; subsequent offense. Creates a mandatory minimum term of 20 days for a second offense within five years, formerly five days; for a second offense within five to 10 years, 10 days in jail, formerly no mandatory minimum; for a third offense within 10 years, 90 days, formerly 10 days; and for a third offense within five years, 180 days, formerly 30 days.
Patron - McDonnell

P HB1149

Predicate crimes by criminal street gangs; penalty. Expands the list of predicate criminal acts that define a pattern of criminal activity and a criminal street gang to include certain drug sale, distribution, transportation, possession and manufacturing crimes and recruitment of a juvenile into a street gang.
Patron - McDonnell

P HB1205

Concealed handgun permits. Exempts retired officers of the law-enforcement division of the Virginia Marine Resources Commission from concealed weapons requirements. The bill also exempts certain retired law-enforcement officers who have reached the age of 55, other than officers terminated for cause, from the requirements. The bill provides that an order denying the issuance of a concealed handgun permit must state the basis for the denial and advise the applicant as to his right to and requirements for perfecting an appeal of the order. A law-enforcement officer with the U.S. Marshals Service would not have to pay a fee for a concealed handgun permit. For purposes of reciprocity, the official government-issued law-enforcement identification card issued to an active-duty law-enforcement officer in the Commonwealth who is exempt from obtaining a concealed handgun permit shall serve as the officer's concealed handgun permit. Finally, the bill sets forth a definition of a "law-enforcement officer" to be used throughout § 18.2-308 that includes individuals defined as a law-enforcement officer in § 9.1-101, including full-time law-enforcement officers employed by a law-enforcement agency of the United States or a political subdivision who perform similar duties to those set forth in § 9.1-101; campus police officers; law-enforcement agents of the United States Armed Forces; and federal agents authorized to carry weapons.
Patron - Cline

P HB1233

Domestic violence; sexual assault. Requires the Department of Criminal Justice Services to establish training standards and a model policy for law-enforcement personnel in handling sexual assault and stalking cases and to establish training standards and model policy and protocols for local and regional sexual assault response teams. Provides that temporary child support may be one of the conditions imposed on a respondent in a family abuse protective order. The bill requires the state police and local law-enforcement agencies to have policies that provide guidance to officers on domestic violence incidents involving law-enforcement officers and repeat offenders. The Department of Social Services is required to establish minimum training requirements on family abuse and domestic violence for child protective services workers and supervisors. The Office of the Executive Secretary of the Supreme Court is required to determine appropriate standards for the approval of education and treatment programs for persons accused of assault and battery against a family or household member and arrange for such programs to be approved by an appropriate entity. The bill also provides that a respondent to a protective order who commits an assault and battery resulting in serious bodily injury to a person protected by the protective order is guilty of a Class 6 felony. A respondent who violates the protective order by furtively entering the home of any protected party while the party is present or entering and remaining in the home of the protected party until the protected party arrives is guilty of a Class 6 felony. This bill is identical to SB 236.
Patron - Griffith

P HB1293

Venue for criminal sexual assault prosecutions. Provides that venue for trial of any person transporting or attempting to transport through or across this Commonwealth, any person for the purposes of committing or attempting to commit criminal sexual assault is in any county or city in which any part of such transportation occurred. The bill also provides that when the county or city where the offense is alleged to have occurred cannot be determined, the trial of any person charged with committing or attempting to commit criminal sexual assault against a person under 18 years of age may be in the county or city in which the crime is alleged to have occurred or in the county or city where the person under 18 years of age (the victim) resided at the time of the offense.
Patron - Bell

P HB1303

Pneumatic guns. Allows a locality to regulate or restrict the use of pneumatic guns by ordinance, including requiring that minors under the age of 16 have adult supervision when using pneumatic guns. No such ordinance shall prohibit the use of pneumatic guns at shooting ranges or other property where firearms may be discharged. Commercial or private areas may be established for the use of pneumatic paintball guns, but such areas must provide protective equipment for the face and ears of participants, and signs must be posted warning against entry into the area by unprotected persons. The bill defines a "pneumatic gun" as an implement, designed as a gun, that expels a BB or pellet by action of pneumatic pressure. The bill clarifies definitions of other types of firearms to distinguish between firearms and pneumatic guns. The bill states that if a school operates a Junior Reserve Officers Training Corps (JROTC) program, the school cannot prohibit the JROTC from conducting marksmanship training when such training is a normal element of the program, and that the school administration shall cooperate with the JROTC staff in implementing such training.
Patron - Lingamfelter

P HB1307

Persons charged with first offense of assault and battery against a family or household member. Allows a court to order participation in a local community-based probation program established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if such program is available, when a person charged with first offense of assault and battery against a family or household member is placed on probation under deferred proceedings.
Patron - Hurt

P HJ196

Implementation plan for criminal code revisions. Requests the Virginia State Crime Commission, in conjunction with the Virginia Sentencing Commission and the Office of the Executive Secretary of the Supreme Court, to develop an implementation plan for the revisions to Title 18.2 (Crimes and Offenses Generally) proposed by the 2004 General Assembly because of the widespread significance and volume of changes to Title 18.2 and the number of persons and entities who will be effected by the revisions.
Patron - McDonnell

P SB99

Concealed handgun permit. Modifies provision that exempts a retired law-enforcement officer from having to have a permit to carry a concealed handgun to provide that a retired officer who has reached 55 years of age qualifies for this provision. Under current law a retired law-enforcement officer qualifies only if he has 15 years of service or retired with a service-related disability. The bill also waives the concealed handgun permit fee (maximum $50) for law-enforcement officers retired from the U.S. Marshals Service.
Patron - Devolites

P SB202

Refusal of DUI breath or blood tests; procedures. Removes the requirement that the magistrate reaffirm to a DUI arrestee his liability for refusal to submit to a preliminary blood or breath test after the arresting officer has already informed the arrestee. The bill also requires that the arresting officer shall inform the DUI arrestee from a form provided by the Office of the Executive Secretary of the Supreme Court and that the arresting officer shall acknowledge on such form that he has read the form to the arrestee.
Patron - Reynolds

P SB236

Domestic violence; sexual assault. Requires the Department of Criminal Justice Services to establish training standards and a model policy for law-enforcement personnel in handling sexual assault and stalking cases and to establish training standards and model policy and protocols for local and regional sexual assault response teams. Provides that temporary child support may be one of the conditions imposed on a respondent in a family abuse protective order. The bill requires the state police and local law-enforcement agencies to have policies that provide guidance to officers on domestic violence incidents involving law-enforcement officers and repeat offenders. The Department of Social Services is required to establish minimum training requirements on family abuse and domestic violence for child protective services workers and supervisors. The Office of the Executive Secretary of the Supreme Court is required to determine appropriate standards for the approval of education and treatment programs for persons accused of assault and battery against a family or household member and arrange for such programs to be approved by an appropriate entity. The bill provides that a respondent to a protective order who commits an assault and battery resulting in serious bodily injury to a person protected by the protective order is guilty of a Class 6 felony. The bill also provides that if a respondent to a protective order seriously injures a protected party, or furtively enters and remains in the home of a protected party, he is guilty of a Class 6 felony. This bill is identical to HB 1233.
Patron - Norment

P SB276

Reporting of assault and battery of a spouse or partner by military personnel. Requires a court to report a finding of guilt of assault and battery of a household member by an active duty member of the United States Armed Forces to family advocacy representatives of the United States Armed Forces.
Patron - Wampler

P SB319

Killing a fetus. Provides that any person who maliciously, willfully, deliberately, and unlawfully kills the fetus of another is guilty of a felony punishable by five to 40 years in prison and that if the act is done with premeditation it is punishable as a Class 2 felony. This bill is identical to HB 1.
Patron - Stolle

P SB320

Racketeer Influenced and Corrupt Organization (RICO) Act. Creates a RICO act for Virginia under which various violations of the alcoholic beverage, banking, and criminal law become racketeering if conducted by persons in concert for the purpose of racketeering. Racketeering is punished as a felony with confinement of 5-40 years and a fine of not more than $1 million. A second or subsequent offense is a Class 2 felony and a fine of not more than $2 million. The bill punishes engaging in illegal money transmission as a Class 6 felony. The Attorney General is authorized to prosecute violations of the Act. The bill provides that if a person possesses fewer than 3,000 packages of untaxed cigarettes, he is guilty of a Class 2 misdemeanor. The bill fixes the number to 3,000 or more packages of unstamped cigarette packages a person, other than a licensed dealer, must have in his possession to be presumed to be evading the payment of taxes and raises the penalty from a Class 2 misdemeanor to a Class 6 felony. This bill is identical to HB 1123.
Patron - Stolle

P SB321

Crimes by gangs; definitions; recruitment; three strikes; forfeiture; obstruction of justice; penalties. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill creates a Class 1 misdemeanor for a person of any age to recruit a person into a criminal street gang. Current law punishes an adult recruiting a minor as a Class 6 felony. The bill creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The bill makes a third or subsequent conviction within 10 years of prohibited criminal street gang participation and recruitment a Class 3 felony (five to 20 years). The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. The bill also amends the obstruction of justice statute to include gang-related crimes. The bill adds gang activity to the list of crimes that a multijurisdictional grand jury can investigate. This bill is identical to HB 569.
Patron - Stolle

P SB325

Counterfeit drugs; the Drug Control Act; penalty. Renders it unlawful in the same manner and degree as for imitation controlled substances to knowingly manufacture, sell, possess, distribute, dispense or facilitate the distribution or dispensing of any drug known to be counterfeit. "Counterfeit drug" is defined as "a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug."
Patron - Stolle

P SB326

Concealed weapons; concealed handgun permits. Provides that the possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting carries a concealed handgun permit. The bill also exempts from the requirements game wardens, Virginia Marine Police officers retired from the Law Enforcement Division of the Virginia Marine Resources Commission, and other law-enforcement officials who have reached the age of 55, other than officers terminated for cause. Furthermore, a retired law-enforcement officer from the Department of Game and Inland Fisheries or the U.S. Marshals Service is exempt from paying a fee for a concealed handgun permit.

When applying for a concealed handgun permit, there is no requirement as to the length of time an applicant must have been a resident or domiciliary of the county or city where he applies. An applicant is required to provide his social security number on an application, but the bill provides an exemption that allows the social security numbers to be withheld from public disclosure. However, the social security number may not be withheld from a law-enforcement official acting in the performance of his official duties. If an application for a concealed handgun permit is denied, the denial order must state the basis for the denial and state the applicant's right for perfecting an appeal of the decision. The bill clarifies that misdemeanors set forth in Title 46.2 shall not be considered disqualifications for a concealed handgun permit. If a court does not issue or deny an application for a concealed handgun permit within the required 45-day period, the bill establishes a procedure by which the application itself will become a de facto concealed handgun permit, valid for 90 days.

The bill would recognize a concealed weapons permit or license issued by another state to a person 21 years of age or older as a valid concealed handgun permit in the Commonwealth. The law currently recognizes only certain out-of-state concealed handgun permits. For purposes of reciprocity, the official government-issued identification cards issued to active-duty law-enforcement officers in the Commonwealth who are exempt from obtaining concealed handgun permits shall serve a concealed handgun permit. Finally, the bill sets forth a definition of "law-enforcement officer" to be used throughout § 18.2-308.
Patron - Stolle

P SB329

DUI; previous offender and breath test refusal. Provides that it is a Class 1 misdemeanor for a person who has been convicted of DUI, and who has been issued, and is subject to the provisions of a restricted permit, to drive with a blood alcohol concentration of 0.02 percent or more. The bill also punishes refusal to submit to a blood alcohol test as a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and as a Class 1 misdemeanor if the offender has two prior such offenses. Both offenses also carry a three-year license suspension.
Patron - Stolle

P SB341

Concealed handgun reciprocity; law-enforcement officers. Provides that for the purposes of participation in concealed handgun reciprocity agreements with other jurisdictions, the official government identification card issued to an active duty law-enforcement officer in the Commonwealth is deemed to be a concealed handgun permit.
Patron - Williams

P SB648

Retired law-enforcement officers; photo identification cards. Requires that if requested of the employer upon retirement, a law-enforcement officer be issued a photo identification card indicating that he is a retired law-enforcement officer. The bill also requires that such identification cards be provided upon request to law-enforcement officers who retired before July 1, 2004.
Patron - Houck

P SB659

Sunday closing laws. Repeals Virginia's "Blue laws."
Patron - Quayle

P SB660

Guns in airports. Provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, or (iii) any other dangerous weapon, including explosives, tasers, stun weapons and those weapons specified in subsection A of § 18.2-308. This prohibition does not apply to law-enforcement officers or a passenger of an airline who transports a lawful firearm, weapon or ammunition into or out of an air carrier airport terminal to present the firearm, weapon or ammunition to a U.S. Customs agent in advance of an international flight, to check the firearm, weapon or ammunition with his luggage, or to retrieve the firearm, weapon or ammunition from the baggage claim area. The bill provides that any other statute, rule, regulation or ordinance concerning the possession or transportion of weapons in airports in the Commonwealth is invalid.
Patron - Stolle

P SB677

Assault and battery; volunteer firefighters. Adds volunteer firefighters and lifesaving or rescue squad members who are members of a bona fide volunteer fire department or volunteer rescue or emergency medical squad to the list of protected classes which, if assaulted, the perpetrator is guilty of a Class 6 felony and will receive a mandatory minimum six-month term of incarceration. The designation will apply regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such persons as employees.
Patron - Rerras

Failed

F HB41

Crimes; trespass upon church or school property. Adds a proviso to the current law prohibiting trespass upon church or school property at night without consent, which is punished as a Class 3 misdemeanor. The proviso requires that signs be posted warning that such trespass is a Class 3 misdemeanor in order for such trespass to be a crime.
Patron - Reese

F HB51

Eluding police; penalties. Provides that if any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal and causes an injury or death, he is guilty of a Class 5 felony.
Patron - Cosgrove

F HB66

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

F HB109

Concealed handgun permit; fees. Waives the concealed handgun permit fee (maximum $50) for law-enforcement officers retired from the U.S. Marshals Service. This bill is incorporated into HB 1205.
Patron - Purkey

F HB114

Where abortion must be performed. Provides that any abortion must be performed in a hospital licensed by the State Department of Health or under the control of the State Board of Mental Health, Mental Retardation and Substance Abuse Services, or in a medical facility or clinic located no more than 15 highway miles from a hospital emergency room.
Patron - Marshall, R.G.

F HB126

Crimes; inducement to perjure. Provides that if any person within this Commonwealth procures or induces another to commit perjury or give false testimony under oath, either within or without this Commonwealth, he is guilty of a Class 5 felony and will be adjudged forever incapable of holding any office of honor, profit or trust under the Constitution or serving as a juror. The bill also provides that venue for the trial of any person accused of such procurement or inducement shall be in the city or county in which the perjury or false testimony was to be given or in the city or county where any act was done in furtherance of the procurement or inducement.
Patron - Albo

F HB128

DUI; restricted license issued to a person in VASAP. Allows the issuance of a restricted license to a person who has entered VASAP in order for that person to travel to court-ordered probation. This bill is incorporated into HB 43.
Patron - Albo

F HB129

Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2004.
Patron - Hargrove

F HB130

Subsequent offenses of stalking. Provides that a second stalking conviction occurring within two years shall be a Class 6 felony rather than a Class 1 misdemeanor. Currently there is no such increased penalty. This would complement the existing increased penalty (from a Class 1 misdemeanor to a Class 6 felony) that results from a third or subsequent conviction within five years.
Patron - Pollard

F HB136

Crimes; regulation of dance halls; penalty. Increases from a Class 3 misdemeanor to a Class 1 misdemeanor the penalty for violating an ordinance regulating public dance halls.
Patron - Shuler

F HB164

Crimes; obstruction of justice. Provides that if any person by threats of bodily harm or force knowingly attempts to intimidate or impede a witness in a proceeding pending in a court within this Commonwealth, he is guilty of a Class 5 felony. The bill also provides that venue for the trial of any person accused of obstruction of justice shall be in the city or county in which the proceeding was pending or in the city or county where any act was done in furtherance of the intimidation, obstruction, or impeding.
Patron - Albo

F HB173

Assault and battery; volunteer firefighters. Adds volunteer firefighters to the list of protected classes which, if assaulted, the perpetrator will receive minimum mandatory jail time of varying length.
Patron - Lewis

F HB186

Crimes and offenses generally; transfer of certain firearms. Provides that a holder of a valid permit to carry a concealed weapon need not submit to a criminal background check to buy, rent, trade or receive a firearm from a dealer. The amendments would also allow the holder of a concealed handgun permit to purchase more than one handgun within a 30-day period. This bill is incorporated into HB 404.
Patron - Black

F HB196

Feticide; penalty. Provides that feticide is murder when the person who committed the act or acts resulting in the death of the fetus did so with malice aforethought, the person intended to cause the death of the pregnant woman or her fetus, the death of the fetus was not the result of a lawful abortion or an abortion to which the pregnant woman consented, and the person who committed the act or acts resulting in the death of the fetus was not the pregnant woman. This bill is incorporated into HB 1.
Patron - Black

F HB226

Avoiding arrest. Provides that intentionally preventing a lawful arrest means fleeing from a law-enforcement officer when the officer communicates to the person that he is under arrest and the reasonable person who receives such communication knows or should know that he is not free to leave. Currently, the law requires that the officer have the present ability to make the arrest. The bill also provides that it is an affirmative defense to such a prosecution that the defendant reasonably believed the person attempting to arrest him was not a law-enforcement officer.
Patron - Cosgrove

F HB227

Concealed handgun reciprocity; law-enforcement officers. Provides that for the purposes of participation in concealed handgun reciprocity agreements with other jurisdictions, the official government identification card issued to an active duty law-enforcement officer residing in the Commonwealth and employed by a law-enforcement agency in the Commonwealth is deemed to be a concealed handgun permit. This bill is incorporated into HB 1205.
Patron - Cosgrove

F HB228

Conduct punishable as involuntary manslaughter. Provides that a death caused by illegal automobile racing is punishable as involuntary manslaughter. This bill is incorporated into HB 993.
Patron - Cosgrove

F HB230

Protection of infants. Provides that any person, other than the mother, who willfully, deliberately and intentionally engages in unlawful conduct that causes the death or permanent serious bodily injury to a child in utero is guilty of a Class 2 felony. If the conduct is not intentional, it is a Class 4 felony. The bill also provides that any woman who, without a health care professional in attendance, gives birth after 24 weeks gestation and fails to report the birth within 72 hours is guilty of a Class 1 misdemeanor. If the birth is a stillbirth or the infant dies and there is an attempt to conceal the birth or the identity of the parent, it is a Class 6 felony. This bill is incorporated into HB 1.
Patron - Kilgore

F HB248

Concealed weapons; retired law-enforcement officers. Permits retired law-enforcement officers who have reached 55 years of age to carry concealed weapons, subject to certain consultations. This bill is incorporated into HB 1205.
Patron - Petersen

F HB349

Assault and battery of probation and parole officers. Adds probation and parole officers to that list of enforcement personnel who, if they are victims of assault and battery, are given different status. Punishment for assault and battery is a Class 1 misdemeanor. Punishment for assault and battery of law-enforcement personnel, now to include probation and parole officers, is a Class 6 felony. This bill is incorporated into HB 1105.
Patron - Albo

F HB371

Crimes; profane swearing and intoxication in public; penalty. Provides that a locality may provide by ordinance that a person found guilty of a second or subsequent offense of public intoxication in that locality shall be guilty of a Class 2 misdemeanor. Currently, such person would be guilty of a Class 4 misdemeanor. This bill is identical to SB 40.
Patron - Rust

F HB377

Use or display of firearm in committing felony. Increases mandatory term of imprisonment for use of a firearm in the commission of certain felonies from three to five years for a first offense and from five to eight years for a second offense.
Patron - Lingamfelter

F HB378

Killing of an unborn child; penalty. Provides that the killing of an unborn child is murder when the person who committed the act or acts resulting in the death of the unborn child did so with malice aforethought, the person intended to cause the death of the pregnant woman or her unborn child, the death of the unborn child was not the result of a lawful abortion or an abortion to which the pregnant woman consented, and the person who committed the act or acts resulting in the death of the unborn child was not the pregnant woman. This bill is incorporated into HB 1.
Patron - Lingamfelter

F HB405

Assault and battery; larceny. Provides that an assault and battery in the commission of a larceny is a Class 4 felony (two to 10 years) and, if there is bodily injury, the crime is punishable by confinement in a state correctional facility for two to 20 years.
Patron - Janis

F HB419

Forfeiture; street gangs. Allows for the forfeiture of any property, real or personal, used in connection with street gang activity. This bill is incorporated into HB 569.
Patron - Lingamfelter

F HB450

Criminal street gang predicate crimes. Expands the list of predicate criminal acts that define a pattern of criminal activity and a criminal street gang to include certain drug sale and manufacturing crimes, and brandishing a firearm and recruitment of a juvenile into a street gang. This bill is incorporated into HB 1059.
Patron - McQuigg

F HB498

Killing an unborn child. Provides that any person who maliciously, willfully, deliberately, unlawfully and with premeditation kills the fetus of another is guilty of a Class 2 felony (20 years to life). This bill is incorporated into HB 1.
Patron - Kilgore

F HB568

Withholding visitation or custody of a child. Raises the penalties for withholding visitation or custody of a child, in contravention of a court order, when the child is within the Commonwealth. The bill also provides for affirmative defenses to the charge and provides that no court shall find a person in contempt who is convicted of withholding visitation and custody. This bill is incorporated into HB 858
Patron - Albo

F HB571

Crimes; obstruction of justice. The bill makes it a Class 5 felony to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate the prohibition against participating in a criminal street gang or the prohibition against recruiting juveniles to participate in a criminal street gang. This bill is incorporated into HB 569.
Patron - Albo

F HB572

Crimes by gangs; definitions. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." This bill is incorporated into HB 569.
Patron - Albo

F HB595

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 HB641

Out-of-state concealed handgun permits. Provides that concealed handgun permits issued by another state are valid in Virginia if the permit holder also carries valid, government-issued photo identification. This bill is incorporated into HB 215.
Patron - Abbitt

F HB648

Crimes; conviction of third offense peeping; penalty. Makes it a Class 6 felony for a third or subsequent conviction for an offense under the peeping or spying section. The bill also requires that any person convicted within 10 years of three or more designated misdemeanors shall register under the Sex Offender and Crimes Against Minors Act.
Patron - Bell

F HB655

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 statutes, the marital sexual assault statute is repealed.
Patron - Bell

F HB657

Infected sexual battery; penalty. Provides that any person who, knowing he is infected with genital herpes, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the intent to transmit the infection to another person, is guilty of a Class 6 felony.
Patron - Bell

F HB659

Impersonating public service company personnel. Provides that any person who willfully impersonates, with the intent to make another believe he is, a public service company employee and who falsely assumes or exercises the functions, powers, duties or privileges incident to the position or enters upon the property of another while impersonating a public service employee is guilty of a Class 1 misdemeanor.
Patron - Bell

F HB665

Habitual offender law. Reinstates the habitual offender law for those convicted of DUI; driving on a license suspended for DUI; and refusal to submit to a blood alcohol test.
Patron - Bell

F HB666

Driving after a license suspension for DUI. Provides that it is an affirmative defense to a prosecution for driving after a license suspension for DUI that the defendant was operating a motor vehicle in compliance with the restrictions of a restricted license issued pursuant to § 18.2-271.1. Currently, the Commonwealth must prove that the driving was in noncompliance. The bill also provides that, notwithstanding such compliance, if the defendant unreasonably refuses to submit to a blood alcohol test in accordance with § 18.2-268.2, he shall be deemed guilty of a violation of driving after a license suspension for DUI.
Patron - Bell

F HB671

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. This bill is incorporated into HB 1.
Patron - Bell

F HB674

Maiming, etc., of another resulting from driving while intoxicated. Provides that any person who, as a result of driving while intoxicated in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally maims, disfigures or disables another person, is guilty of a Class 6 felony. Currently, the law punishes such conduct if the person causes the serious bodily injury of another person resulting in permanent and significant physical impairment.
Patron - Bell

F HB722

Unauthorized possession of two or more signed credit cards or credit card numbers. Clarifies that possession of two unauthorized credit cards is credit card theft and not forgery. This bill is incorporated into HB 1053.
Patron - Shannon

F HB764

Persons charged for the first time with certain drug possession offenses. Amends disposition for "first offenders," who would be guilty of felonies or Class 1 misdemeanors, to reduce the penalty one "level" and convict those defendants of the lesser crime upon completion of terms of probation rather than defer disposition and dispose of the cases without conviction. For unclassified misdemeanors and those classified as Class 2, 3 and 4 misdemeanors, deferred disposition with a finding of not guilty would remain an option for the court.
Patron - Hurt

F HB765

Concealed weapons; law-enforcement officers. Provides that the exception from the requirements of the section relating to the carrying of concealed weapons for law-enforcement officers applies wherever the officer happens to travel in the Commonwealth. The exception is not limited to the jurisdiction in which the law-enforcement officer works. This bill is incorporated into HB 1205.
Patron - Hurt

F HB768

Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge. Provides that when any person is charged with DUI or any similar ordinance of any county, city, or town and reckless driving or any ordinance of any county, city or town incorporating the reckless driving statute growing out of the same act, is tried simultaneously for both charges or acts, and is convicted of one of these charges, the court shall dismiss the remaining charge.
Patron - Hurt

F HB772

F HB912

Modification of sentencing guidelines for multiple drug convictions. Provides that for any conviction under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), the sentencing guidelines shall not include a recommendation for probation if the offender has a prior felony conviction or adjudication for an offense under that article.
Patron - Phillips

F HB929

F HB936

Attending a VASAP meeting while intoxicated. Provides that any person who attends a meeting of an alcohol safety action program, pursuant to an order of the court under § 18.2-271.1, while he is under the influence of alcohol or other self-administered intoxicants, is guilty of a misdemeanor punishable by a $5,000 fine and permanent revocation of his operator's license and of his privilege to operate a motor vehicle in the Commonwealth.
Patron - Purkey

F HB954

Testing of drug offenders for infection with certain sexually transmitted diseases and other reportable diseases. Requires the court trying the case of any person alleged to have committed any drug offense or any offense that was motivated by, or closely related to, the use of drugs to order the person, upon a finding of probable cause that the person has committed the crime with which he is charged, to undergo testing for those sexually transmitted diseases and other reportable diseases that are listed as reportable diseases by the Board of Health and are identified by the Commissioner of Health as being of epidemic proportions among injection drug abusers. The test results must be kept confidential under state and federal patient privacy law and regulations. In the case of positive test results, the Department of Health must offer the defendant appropriate counseling and must conduct surveillance and investigation. The test results will not be admissible as evidence in any criminal proceeding. The cost of the tests will be paid by the Commonwealth and taxed as part of the cost of the criminal proceedings. The Department of Health must annually compile aggregate data by local jurisdiction and for the state at large, without personal identifiers, on defendants whose test results are reported as positive for sexually transmitted diseases pursuant to this section, including, but not limited to: (i) the defendant's gender, (ii) the drug or drugs alleged to have been used by the defendant, (iii) any sexually transmitted disease for which a positive test result was obtained, and (iv) any known subsequent referrals of the defendant for treatment of or testing for any sexually transmitted disease during the reporting period. A report of the aggregate data, without personal identifiers, required to be compiled pursuant to this section shall be posted prominently on the Department of Health's website in a manner that allows the general public to access the results for each local jurisdiction in the Commonwealth as well as the state at large. The Commissioner of Health is charged with identifying, from among the list of reportable diseases, those sexually transmitted diseases and other diseases that are of epidemic proportions among injection drug abusers.
Patron - Lingamfelter

F HB962

Concealed handgun permit. Exempts from the carry permit requirements any retired member of the Law-Enforcement Division of the Virginia Marine Resources Commission with a service-related disability or following at least 15 years of service with such agency, other than a person terminated for cause, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the Commission. This bill is incorporated into HB 1205.
Patron - Barlow

F HB1020

Damages recoverable for encroachment in timber cutting. Allows a person whose timber is cut without permission to pursue damages based upon a rebuttable presumption that the timber cutter is fully liable for double damages unless he provides written notice of his intent to cut timber upon land clearly marked and claimed as his at least 10 days prior to beginning operations, without objection from the adjacent landowner. This bill is incorporated into HB 493.
Patron - Dillard

F HB1025

Establishment of optional gun-free school zones. Provides that, if previously authorized by local ordinance, each school division may establish a gun-free school zone limited to the physical boundaries of the school property and those areas under exclusive use by the school division for school-sponsored functions or extracurricular activities.
Patron - Dillard

F HB1033

Assault and battery upon a human fetus. Provides that a fetus may be the victim of an assault and battery if it is born with injuries resulting from an intentional act committed against it or its mother. This bill is incorporated into HB 1.
Patron - Tata

F HB1034

Multiple DUI offenders. Creates a new article regulating multiple DUI offenders in a manner similar to the old Habitual Offender Act. This bill is incorporated into HB 665.
Patron - Melvin

F HB1035

Possession of firearms following the conviction of certain crimes; penalty. Prohibits persons convicted of stalking or sexual battery from possessing or transporting firearms or prohibited concealed weapons for a period of five years following conviction. There is a provision to allow the person to petition the circuit court to reinstate the right to carry or transport firearms.
Patron - Ebbin

F HB1086

Firearms; purchase and sale of firearms in other states. Changes provisions that only allow lawful purchase and sale of firearms outside of the Commonwealth in contiguous states to allow for the purchase and sale of firearms in any other state where the purchase meets state and federal requirements. The bill reflects changes in federal law that allow for the sale and purchase of firearms in noncontiguous states. This bill is incorporated into HB 1302.
Patron - Nutter

F HB1091

Forfeiture of vehicle for third DUI offense. Provides that any person convicted a third or subsequent time for DUI within 10 years shall suffer the seizure and forfeiture of his vehicle. This bill is incorporated into HB 1130.
Patron - Scott, J.M.

F HB1105

Malicious bodily injury to probation and parole officers. Includes parole and probation officers in the class of individuals (law-enforcement officers, firefighters, search and rescue personnel, and emergency medical service providers) for whom a malicious bodily injury is a felony punishable by a prison sentence of from five to 30 years and for whom an unlawful bodily injury (without malice) is punishable as a Class 6 felony.
Patron - Moran

F HB1152

Hunting restrictions. Reduces restrictions on hunting near subdivisions.
Patron - McDonnell

F HB1153

Maximum speed limits in certain residence districts; penalty. Provides that no portion of the $200 fine for speeding in a residential area shall be suspended. This bill is incorporated into HB 253.
Patron - McDonnell

F HB1204

Revocation of license for multiple convictions of driving while intoxicated. Provides that the license of a person convicted of DUI three times in 10 years shall be permanently revoked. This bill is incorporated into HB 676.
Patron - Cline

F HB1244

Malicious bodily injury; penalty. Provides that causing bodily injury by means of an infectious biological agent or radiological agent is punishable by confinement in a state correctional facility for between five and 30 years if done maliciously and as a Class 6 felony if done unlawfully but not maliciously. This bill is incorporated into HB 184.
Patron - Griffith

F HB1247

F HB1315

F HB1323

Crimes; interfering with medical treatment; penalty. Makes it a felony for a railroad company or an employee of the company to interfere with the medical treatment of an injured employee of such company, and provides a maximum penalty of two years in prison and a $10,000 fine.
Patron - Callahan

F HB1341

Capital punishment for minors. Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense. Currently, the age is 16 or older at the time of the offense.
Patron - Eisenberg

F HB1478

Qualifications for concealed handgun permit. Requires that a court consult with the Department of State Police to perform a background check on the National Instant Criminal Background Check System (NICS) before issuing a concealed handgun permit to an applicant. If the NICS check indicates that applicant is ineligible to possess or transport a firearm under federal law, the applicant will be disqualified from obtaining a concealed handgun permit. Performing a NICS check to obtain a concealed handgun permit would allow the holder of a valid permit to purchase a gun without an additional background check. The bill also supplants the current list of options to prove proficiency with a handgun for the purpose of qualifying for a concealed handgun permit with one option: a State Police-sanctioned handgun training course. Individuals formerly employed as law-enforcement officers in the Commonwealth or for the Armed Forces of the United States who were not terminated from the position for cause are exempt from the proficiency training course.
Patron - Sickles

F SB47

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 - Marsh

F SB48

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 SB143

Concealed handgun permits; denial or revocation of permit. Clarifies that a person whose concealed handgun permit is revoked by a court has a right to an ore tenus hearing, and that notice of such hearing and the basis for the revocation must be provided to the permit holder. The bill also provides that a sheriff, chief of police, or attorney for the Commonwealth may not delegate the authority under subsection E 13 of § 18.2-308 to make a sworn written statement that an applicant for a permit is likely to use a weapon unlawfully or negligently, and if such a sworn statement is the basis for a permit denial or revocation, Part 4 of the Rules of the Supreme Court will apply at an ore tenus hearing. A person aggrieved by a decision of the Court of Appeals relating to a permit denial or revocation would be able to petition to appeal the decision to the Supreme Court.
Patron - Cuccinelli

F SB245

Crimes; regulation of dance halls; penalty. Increases from a Class 3 misdemeanor to a Class 1 misdemeanor the maximum penalty that a locality may impose for violating an ordinance regulating public dance halls.
Patron - Edwards

F SB287

F SB331

F SB371

Abortion; penalty. Requires, in an abortion performed after the first trimester, that the unborn child be anesthetized in a manner suitable for patients undergoing amputation. The physician must submit a notarized report to the Department of Health within 90 days attesting to the estimated age at which the unborn child was aborted and whether the unborn child was first anesthetized. A physician who performs an abortion without first anesthetizing the unborn child is guilty of a Class 6 felony.
Patron - Cuccinelli

F SB423

Sex crimes against children. Provides that carnal knowledge of a child who is 13 years of age or older by an adult in a custodial or supervisory relationship is a Class 3 felony. The penalty for carnal knowledge of a committed or detained child 15 years of age or older by a person providing services to juveniles under the purview of the juvenile court or committed to the custody of the Department of Juvenile Justice is increased to a Class 4 felony from a Class 6 felony. The penalty for indecent liberties with a child by a person in a custodial or supervisory relationship is increased to a Class 4 felony from a Class 6 felony.
Patron - Wagner

F SB443

DUI; penalty. Provides for a mandatory minimum sentence of 180 days (six months) for a third DUI conviction in 10 years. Under current law the mandatory minimum sentence is 10 days for a third offense within 10 years and 30 days for a third offense within five years. The offense will remain a Class 6 felony, which carries a penalty of one to five years confinement. This bill is incorporated into SB 384.
Patron - Rerras

F SB473

Hate crimes. 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 intentional selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor to a Class 6 felony penalty. The bill also adds sexual orientation to the definition of "hate crime" for purposes of a central repository of information regarding hate crimes maintained by the State Police.
Patron - Ticer

F SB485

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 - Obenshain

F SB488

Driving under the influence; penalty. Changes the wording of the penalty provisions for a third (or fourth) offense by stating that the enhanced penalties apply if a person is convicted "three or more times" rather than if a person is "convicted of a third offense." This bill is incorporated into SB 384.
Patron - Mims

F SB489

Mandatory minimum jail term for DUI based on blood alcohol content. Imposes a mandatory minimum jail term of five days upon conviction for DUI (10 days for second offense) for a blood alcohol content of 0.16 percent as opposed to the current 0.20 percent. This bill is incorporated into SB 384.
Patron - Mims

F SB490

Penalties for driving while intoxicated. Removes sanctions for multiple DUI offenses occurring within five years and raises sanctions for multiple DUI offenses occurring within 10 years to include a mandatory minimum sentence of one year for a third offense committed within 10 years. The bill increases additional punishments predicated on blood alcohol levels registered at the time of the offense. The bill punishes a refusal to submit to a blood test as a Class 6 felony with a mandatory minimum sentence of one year if the defendant has two prior DUI convictions. This bill is incorporated into SB 329.
Patron - Mims

F SB491

Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge. Provides that when any person charged with DUI or any similar ordinance of any county, city, or town and reckless driving or any ordinance of any county, city or town incorporating the reckless driving statute growing out of the same act, is tried simultaneously for both charges or acts, and is convicted of one of these charges, the court shall dismiss the remaining charge. This bill is incorporated into SB 384.
Patron - Mims

F SB552

Loaded firearms in restaurants. Prohibits the carrying of a loaded firearm in a restaurant or club with an ABC license. There is an exception for law-enforcement officers and for the owners and employees of the club or restaurant who have a concealed handgun permit.
Patron - Howell

F SB579

Carrying concealed handgun; alcohol consumption. Repeals the prohibition on carrying a concealed handgun in a restaurant or club and revises the Class 1 misdemeanor provision by providing that it is a Class 1 misdemeanor to carry a concealed handgun in a public place after consuming alcohol or while under the influence of an illegal drug. The bill provides that a blood alcohol level of 0.02 or less is not a violation. The bill provides that anyone who has a concealed handgun permit is deemed to have consented to have his blood and breath samples taken. An unreasonable refusal is grounds for revocation of the handgun permit for five years and subjects the person to a civil penalty of not more than $500.
Patron - Cuccinelli

Carried Over

C HB134

Prohibited executions. Provides that the Department of Corrections shall promulgate regulations setting forth procedures to assure that no person sentenced to death shall be put to death while she is pregnant.
Patron - Marshall, R.G.

C HB170

False discount coupons; larceny. Provides that any person who uses a false discount coupon to obtain money or property is guilty of larceny. A definition of "false discount coupon" is added.
Patron - Wright

C HB397

Sale of violent video games. Makes the sale, rental, loan or commercial display of a violent video or computer game to a juvenile a Class 1 misdemeanor. "Violent video or computer game" is defined as a video or computer game that contains realistic or photographic-like depictions of aggressive conflict in which the player kills, injures, or otherwise causes physical harm to a human form in the game who is depicted, by dress or other recognizable symbols, as a public law-enforcement officer.
Patron - Amundson

C HB514

Crimes; criminal sexual assault; 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 and prevented the complaining witness from understanding the nature or consequences of the sexual act and rendered the complaining witness physically unable to communicate an unwillingness to act.
Patron - Marrs

C HB566

Computer trespass. Provides that adding or altering information without authority is computer trespass. Adds to the aggravating factors for which computer trespass is elevated to a Class 6 felony using a computer in a way that involves a computer virus or similar computer program and obtaining the ability to use three or more computers or computer networks without notice to or knowledge of and express or implied permission of, the owners of those computers or computer networks, or a prior existing personal, business or contractual relationship with the owner.
Patron - Albo

C HB614

Driving motor vehicle after ingesting illegal Schedule I or Schedule II drugs. Makes driving after ingesting any amount of illegally possessed Schedule I or Schedule II drugs a Class 2 misdemeanor.
Patron - Carrico

C HB646

Crimes; maiming, killing or poisoning animals. Increases from a Class 1 misdemeanor to a Class 5 felony the maiming, killing or poisoning of a companion animal of another or of the companion animal of the defendant if done with the intent to defraud any insurer.
Patron - Bell

C HB668

Juvenile alcohol offenses. Makes it clear that it is illegal for an underage person to consume alcoholic beverages as well as to purchase or possess them. The bill also provides that it is a Class 1 misdemeanor to give or provide alcohol to someone who is prohibited from possessing alcohol.
Patron - Bell

C HB669

Crimes; DUI; blood test. Amends the implied consent statute to extend from three hours to six hours the time period in which a blood or breath test can be taken after a stop.
Patron - Bell

C HB725

Concealed weapons; handmade cutting instruments. Prohibits a person from carrying about his person a concealed cutting instrument that has no practical use other than as a weapon.
Patron - Shannon

C HB775

Trial de novo in drug deferral proceedings. Provides that any accused who consents to deferred disposition in a drug case and is convicted shall not be entitled to deferred disposition upon appeal, at trial de novo in circuit court.
Patron - McDougle

C HB858

Violation of court order regarding custody and visitation; penalty. Raises the penalties for first, second and subsequent violations committed by any person who knowingly, wrongfully and intentionally withholds a child from either of the child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child.
Patron - Cosgrove

C HB990

Driving with special license plates after conviction of DUI. Requires persons convicted of drunk driving a second or subsequent time who have registered motor vehicles in Virginia to use yellow license plates with red letters and numbers.
Patron - Hugo

C HB1053

Criminal penalty revisions. Adds a new felony class of five to 40 years to the existing six classes in order to classify as many unclassified felonies as possible. A Class 1 felony (life imprisonment or death sentence) is renamed a capital felony and a Class 2 felony (20 years to life) is renumbered a Class 1 felony. The new felony of five to 40 years becomes a Class 2 felony. The crimes of abduction and assault are broken into degrees. The penalties for malicious wounding of a police officer and malicious wounding with a caustic substance are raised to Class 2 felonies (five to 40 years) from the current penalty of five to 30 years. The "marital exemptions" for forcible sodomy and object sexual penetration are eliminated, as was done with rape during the 2002 General Assembly Session. The penalty for conspiring or attempting to abduct a person is raised to the same level as conspiracies and attempts for other crimes. Many of the revisions made are ancillary Code changes necessitated by the substantive changes. This bill is recommended by the Title 18.2 Study Subcommittee of the Virginia State Crime Commission and is a response to HJR 687 (2001), which requested the Crime Commission to study the organizations and inconsistencies in Title 18.2, the level and extent of penalty and to review the proportionality of criminal penalties. The bill has an effective date of July 1, 2005.
Patron - Albo

C HB1054

Sexual offenses; penalties. In order to comply with Lawrence v. Texas, 123 S. Ct. 2472 (2003), the bill repeals the statute making fornication a Class 4 misdemeanor and amends the lewd and lascivious behavior statute to specify that the behavior is illegal when performed in a public place. Without repealing the existing crimes against nature statute, the bill proposes a new statute that will ensure that such behavior is illegal when committed in a public place. The bill also amends certain statutes dealing with prostitution and sexual crimes against juveniles to ensure that if there is a court decision rendering the crimes against nature statute invalid, the behavior will still be illegal if committed with a child, if done in public or if done in connection with prostitution.
Patron - Albo

C HB1217

Preliminary analysis of breath to determine alcoholic content of blood. Provides that the results of a preliminary blood alcohol breath analysis may be admitted into evidence in any DUI prosecution (i) when the person refuses to have samples of his blood or breath taken, (ii) in rebuttal to testimony offered regarding a difference in the defendant's blood alcohol content occurring in the period of time between operation of the vehicle and administration of a blood or breath test, or (iii) when an expert witness testifies in any rebuttal testimony. Currently, the results of the preliminary breath test are not admissible.
Patron - Landes

C HB1232

Enticement to violate protective order. Provides that any person, including any party protected under the protective order, who entices another to violate a protective order, is guilty of a Class 1 misdemeanor.
Patron - Griffith

C HB1250

Possession or transportation of firearms or concealed weapons by convicted felons; penalties. Prohibits any person who, as a juvenile aged 14 years or older, committed a delinquent act equivalent to a violent felony from ever possessing, transporting, or carrying a firearm. The restriction would be lifted in the case of nonviolent felonies at the age of 29. Currently, the prohibition expires when the person is 29 and is applicable to all felonies, whether violent or nonviolent.
Patron - Scott, J.M.

C HB1476

Firearms; firearm eligibility check; penalty. Allows an individual to submit an application to the Department of State Police to determine if he is eligible to possess or transport a firearm. The eligibility check would allow a person to determine if he were eligible to possess or transport a firearm outside of the context of a firearm purchase, when the background check is usually performed. The Department shall specify the application to be used, which will contain the information required to be submitted for a firearms purchase pursuant to § 18.2-308.2:2, and may charge a fee of up to $20. When the applicant submits a completed, notarized application and fee, the Department shall review its criminal history record information to determine if the applicant is prohibited from possessing or transporting a firearm by state or federal law. The Department must notify the applicant by mail that he is "eligible to possess firearms as of the date the check was completed" or "ineligible to possess firearms as of the date the check was completed." The Department must make copies of eligibility check applications available to licensed firearm dealers and on its website. The bill states that the Department is immune from liability arising out of the performance of the eligibility check. No person or agency may require or request an individual to obtain a firearms check, and a violation of this provision is a Class 1 misdemeanor, and the Department must include notice of such both on the application and in the notification letter.
Patron - Sickles

C SB40

C SB192

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, and provides one year of incarceration in a state correctional facility with no suspension of sentence for each $50,000 misused, misappropriated or disposed of unlawfully.
Patron - Reynolds

C SB275

Computer trespass; virus. Creates a definition of computer virus and provides that it is a Class 1 misdemeanor to knowingly and maliciously insert a computer virus into a computer, computer program, computer software, or computer network of another without the knowledge and permission of the owner.
Patron - Devolites

C SB456

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

C SB477

Crimes against nature. Provides that human carnal knowledge is not a crime where all persons are consenting adults who are not in a public place and not engaged in prostitution.
Patron - Ticer

C SB484

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 - Obenshain

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Crimes and Offenses Generally

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