General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Commonwealth Public Safety


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Commonwealth Public Safety

Passed

P HB1738

Line of Duty Act; disabled State Employees. Extends the Act's benefits to any state public safety employee whose disability occurred on or after January 1, 1972. The bill also requires the state to provide an additional death benefit in the amount of $20,000 for every employee of the Commonwealth or of a political subdivision called to federal active duty services to be paid if the employee is killed in action in any armed conflict while serving in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United Sates, or with any reserve component of these respective services. This bill is identical to HB 1793.
Patron - Cosgrove

P HB1793

Line of Duty Act; disabled State Employees. Extends the Act's benefits to any state public safety employee whose disability occurred on or after January 1, 1972. The bill also requires the state to provide an additional death benefit in the amount of $20,000 for every employee of the Commonwealth or of a political subdivision called to federal active duty services to be paid if the employee is killed in action in any armed conflict while serving in the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United Sates, or with any reserve component of these respective services. This bill is identical to HB 1738.
Patron - Cox

P HB2216

Department of Forensic Science, the Forensic Science Board, and the Scientific Advisory Committee created. Creates the Department of Forensic Science as a department within the executive branch of state government and assigns its powers and duties. The bill creates the Forensic Science Board as a policy board and the Scientific Advisory Committee as an advisory board, and assigns their respective powers and duties. The bill also abolishes the Division of Forensic Science within the Department of Criminal Justice Services. The bill contains numerous technical amendments to accomplish this.
Patron - Albo

P HB2318

Judicial discretion to require registration of minor who commits an otherwise registrable offense. Provides that a sex offender or child criminal offender over the age of 13 who is a juvenile tried as a juvenile and found delinquent of any registrable offense may be required to register after the court considers the following factors relevant to the case: (i) the age and maturity of the complaining witness, (ii) the age and maturity of the offender, (iii) the difference in the ages of the complaining witness and the offender, (iv) the nature of the relationship between the complaining witness and the offender, (v) the offender's prior criminal history, (vi) any other aggravating or mitigating factors relevant to the case, and (vii) whether the offense was committed with force, threat or intimidation. The section applies to offenses that occur on or after July 1, 2005. Current law does not require the registration of juveniles unless they are tried and convicted as adults.
Patron - Griffith

P HB2627

Executive Director of the Virginia Indigent Defense Commission. Adds the Executive Director of the Virginia Indigent Defense Commission to the membership of the Criminal Justice Services Board.
Patron - Albo

P HB2836

Sex Offender and Crimes Against Minors Registry Act; registration; enforcement. Amends the Sex Offender and Crimes Against Minors Registry Act to add murder of a child under 18 to the list of crimes for which registration and internet posting is required, and sexual battery against a child under six by a perpetrator 18 or older to those crimes classified as sexually violent offenses. The bill requires that a sex offender who must register in his home state register in Virginia when he moves here, regardless of whether the underlying criminal offense is similar to a Virginia offense. The bill also requires the registration of a nonresident in Virginia for an extended visit (30 days or more). Finally, the bill clarifies that local law-enforcement agencies have the authority to enforce the provisions of the Act. This bill incorporates HB 1733, HB 1867, HB 1933, HB 1937, HB 2703, HB 2767, and HB 2838.
Patron - Sherwood

P SB873

Overtime compensation for law-enforcement employees. Expands the current overtime compensation provisions for fire protection employees to certain law-enforcement employees. Under the bill certain law-enforcement employees shall be required to be paid overtime at a rate of not less than one and one-half times the employee's regular rate of pay for all hours of work between the statutory maximum permitted under 29 U.S.C. 207 (k) and the hours for which an employee receives his salary, or if paid on an hourly basis, the hours for which the employee receives hourly compensation. A law-enforcement employee who is paid on an hourly basis shall have paid leave counted as hours of work in an amount no greater than the number of hours counted for other law-enforcement employees working the same schedule who are paid on a salaried basis in that jurisdiction. For purposes of computing law-enforcement employees' entitlement to overtime compensation for regularly scheduled work hours, all hours in which an employee works or is in a paid status shall be counted as hours of work.
Patron - Cuccinelli

P SB963

Statewide communications interoperability. Requires the Governor to ensure that the annual review and update of the statewide interoperability strategic plan is accomplished and implemented. The bill also requires all state agencies and localities to achieve consistency with and support the goals of the plan by July 1, 2015, in order to remain eligible to receive state or federal funding for communication programs.
Patron - O'Brien

P SB988

Criminal Justice Services Board; membership. Increases the membership of the Criminal Justice Services Board from 27 to 28 by adding an active duty law-enforcement officer appointed after consideration of the names, if any, submitted by police or fraternal associations that have memberships of at least 1,000.
Patron - Devolites Davis

P SB1153

Department of Forensic Science, the Forensic Science Board, and the Scientific Advisory Committee created. Creates the Department of Forensic Science as a department within the executive branch of state government and assigns its powers and duties. The bill creates the Forensic Science Board as a policy board and the Scientific Advisory Committee as an advisory board and likewise assigns their respective powers and duties. The bill also abolishes the Division of Forensic Science within the Department of Criminal Justice Services. The bill contains numerous technical amendments to accomplish this.
Patron - Stolle

P SB1346

Department of Criminal Justice Services; private security; definitions. Clarifies that the definition of electronic security equipment includes (i) electronic or mechanical signaling devices or (ii) cameras used to detect concealment or theft, both of which are used to safeguard and protect persons and property.
Patron - Martin

Failed

F HB1867

Non-resident child sex offender registration. Requires that a child sex offender who must register in his home state is also required to register in Virginia when he moves here whether or not his underlying criminal offense is similar to a Virginia offense. The bill also requires the registration of a nonresident offender who is in Virginia on an extended visit, i.e., a period of visitation for any purpose in the Commonwealth of 30 days or more. This bill has been incorporated into HB 2836.
Patron - Brink

F HB1933

Non-resident child sex offender registration. Requires that a child sex offender who must register in his home state is also required to register in Virginia when he moves here, whether or not his underlying criminal offense is similar to a Virginia offense. This bill has been incorporated into HB 2836.
Patron - Shannon

F HB1937

Murders and attempted murders in Sex Offender and Crimes Against Minors Registry. Includes those who commit murder or attempted murder of a child under the age of 15 in the Sex Offender and Crimes Against Minors Registry. This bill has been incorporated into HB 2836.
Patron - O'Bannon

F HB2240

Line of Duty Act; definitions; fire department chaplains. Adds coverage under the Line of Duty Act to fire department chaplains and to members of any fire company or department or rescue squad of the Virginia National Guard.
Patron - O'Bannon

F HB2463

Requirement that licensed professionals give notice of their sex offender registration to customers, clients or patients; penalty. Requires that a professional licensed by the Commonwealth who is also a registered sex offender and who may be expected to encounter a person under the age of 18 during the course of his profession give verbal and written notice to each customer, client or patient and to the parent, guardian or person standing in loco parentis to a minor or person under a disability that he is a registered sex offender.
Patron - Nixon

F HB2703

Sex and child offender registration requirement for life for all offenses. Provides that any person required to register for a sex offense or an offense against a child shall have his Registry information published on the Internet for the duration of his registration period if, in the discretion of the court, the circumstances of the crime are severe enough to require publication. Currently, only Registry information of violent sex offenders is published on the Internet. This bill has been incorporated into HB 2836.
Patron - Sickles

F HB2767

Procedures upon a sex offender's failure to register or reregister. Provides that the State Police and any local law-enforcement agency may enter into a cooperative agreement whereby the agencies may together conduct investigations of violations of a sex offender's duty to register. The State Police and the local law-enforcement agency may, as a part of this agreement, provide that the local agency may seek an arrest warrant for an individual believed to be in violation of this section. This bill has been incorporated into HB 2836.
Patron - Athey

F HB2838

Sex and child offender registration requirement for life for all offenses. Provides that any person required to register for a sex offense or an offense against a child shall have his Registry information published on the Internet for the duration of his registration period if, in the discretion of the court, the circumstances of the crime are severe enough to require publication. Currently, only Registry information of violent sex offenders is published on the Internet. This bill has been incorporated into HB 2836.
Patron - Sherwood

F HB2892

Local fees; Regional Criminal Justice Academy Training Fund. Requires each locality to receive no less than the total amount of fees collected for deposit to the Regional Criminal Justice Academy Training Fund in financial support for the regional criminal justice training academy in which it participates.
Patron - Carrico

F SB718

Crisis intervention pilot programs for persons with mental illness. Permits the Department of Criminal Justice Services to establish crisis intervention team pilot programs in up to six areas of the state by January 1, 2006. The crisis intervention pilot programs shall assist law-enforcement officers to respond to crisis situations involving persons with mental illness, substance abuse, or both. By November 1, 2005, the Department shall submit to the Joint Commission on Health Care a report outlining the plan for the program. The Department, in consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall establish a training program for all persons involved in the crisis intervention team pilot programs. Each crisis intervention team shall develop a protocol that permits law-enforcement officers to release from custody persons whom they encounter in crisis situations when the crisis intervention team has determined the person is sufficiently stable. The Department shall evaluate and report annually to the Joint Commission on Health Care on the impact and effectiveness of the crisis intervention team pilot programs.
Patron - Edwards

F SB878

Line of Duty Act. Provides for funding of continued health insurance and death benefit payments for eligible state employees under the Line of Duty Act from employer contributions to a Line of Duty Act Fund administered by the Virginia Retirement System. The Retirement System shall set the rate of annual employer contributions. All payments for continued health insurance and death benefits payments for eligible state employees shall be made from the Fund. In general, health insurance coverage under the Line of Duty Act shall be the basic health insurance plan for state employees. The continued health insurance coverage shall also apply to individuals disabled on or after April 8, 1972 but before July 1, 2000, and their surviving spouses and dependents. The bill also provides that payments for eligible local employees under the Line of Duty Act shall be made by the locality. A locality has the option of contributing to the Fund, or may elect not to participate and be responsible for self-funding the continued health insurance coverage and death benefit of local eligible employees. A locality shall have the option of providing continued health insurance coverage for persons disabled on or after April 8, 1972, but before July 1, 2000, and their surviving spouses and dependents.The bill moves the Line of Duty Act to Title 51.1, relating to pensions, benefits, and retirement.
Patron - Wampler

F SB1171

Department of Criminal Justice Services; Forensic Science Advisory Board. Creates the Forensic Science Advisory Board to advise and assist the Department of Criminal Justice Services, the Criminal Justice Services Board and the Division of Forensic Science on matters related to the policies, procedures, and administration of the Division's laboratories, including forensic laboratory services research, and scientific investigations. The bill provides for the composition of the Advisory Board and sets the terms of office and compensation for the members. This bill has been incorporated into SB 1153.
Patron - Stolle

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