General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Crimes and Offenses Generally

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Crimes and Offenses Generally

Passed

P HB41

DUI punishment. Clarifies that additional punishment for two offenses of DUI is applicable to any second offense occurring within five years after any prior offense, rather than a second offense occurring within five years after a first offense.
Patron - Albo

P HB45

Elimination of capital punishment for minors; penalty. Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense. Currently, the age requirement to receive the death penalty is 16 years of age or older at the time of the offense. This change is being made in response to the case of Roper v. Simmons, 543 U.S. 551 (2005), decided March 1, 2005, in which the U.S. Supreme Court held that the Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of 18 at the time of the crime. This bill is identical to SB 362.
Patron - Callahan

P HB70

Assault and battery; school bus drivers; penalty. Adds school bus drivers and bus driver aides to the protected class of persons who are not deemed guilty of assault and battery for incidental or minor contact with a student in an attempt to maintain order.
Patron - Orrock

P HB102

Third offense driving on a suspended license; penalty. Makes a third offense in ten years of driving on a license that has been suspended, revoked or restricted because of a DUI-related offense a Class 6 felony. It is currently a Class 1 misdemeanor. The implementation of the bill is contingent on an appropriation of general funds.
Patron - Cosgrove

P HB153

Labeling of foods as kosher or halal; penalty. Prohibits the willful selling of food or food product labeled or displayed for sale representing the food or food product as kosher or halal without indicating the authority for such designation or providing a toll-free number or website to access the information. Violation of this section is a Class 3 misdemeanor. The bill also repeals the section regulating the sale of kosher meat and meat preparations in accordance with orthodox Hebrew religious requirements. This bill is identical to SB 349.
Patron - Alexander

P HB372

Disorderly conduct; funerals, etc.; penalty. Punishes the disruption of a funeral or memorial service as disorderly conduct, a Class 1 misdemeanor.
Patron - Carrico

P HB514

Evidence in civil and criminal DUI cases. Provides that copies of records relating to any breath test conducted pursuant to a DUI prosecution shall be admissible provided such copies are authenticated as true copies either by the custodian thereof or by the person to whom the custodian reports.
Patron - Armstrong

P HB525

Charitable gaming. Adds definitions of conduct, management, and operation and revises several existing definitions. Minors may no longer play bingo with parental consent, but may play only if accompanied by a parent or guardian. The bill allows a qualified organization to accept debit cards, and provides that certain employees of the Department of Charitable Gaming are law-enforcement officers. The bill allows a private security services business to provide security for bingo games. Increases the allowance for a single door prize from $25 to $50 and allows $250 in cumulative door prizes in any one session. Increases the remuneration which may be paid to bingo callers from $50 to $100. Differentiates between the management or operation of a charitable game and the conduct of a game for the purposes of criminal convictions and places more restrictions on participation by persons with criminal convictions. Increases the fee for a supplier permit from $500 to $1,000. The bill provides that conversion of funds derived from charitable gaming is punishable as larceny. Allows the dissemination of criminal history record information to the Department of Charitable Gaming for the conduct of investigations.
Patron - Suit

P HB588

Crimes; brandishing a machete; penalty. Makes it illegal to brandish a machete, with a 12 inch blade or longer, with intent to intimidate, and includes such offense as one of the predicate criminal acts that defines street gang activity. The penalty for a violation of this section is a Class 1 misdemeanor, or if the violation occurs on or within 1,000 feet of any public, private, or religious school, a Class 6 felony. The bill makes an exception for excusable or justifiable self-defense. This bill is identical to SB 183.
Patron - Watts

P HB752

Drug treatment courts. Establishes a drug treatment court in the City of Newport News. This bill is identical to SB 367.
Patron - BaCote

P HB775

Criminal street gang; definitions; penalty. Expands the definition of predicate criminal act under crimes by gangs to include threats to bomb (§ 18.2-83) and receiving money for procuring a person for prostitution (§ 18.2-356). This bill is identical to SB 473.
Patron - Albo

P HB846

Sex crimes; penalties. Requires a mandatory minimum term of confinement of 25 years for the following offenses where the offender is more than three years older than the victim and the crime is committed at the same time as or after the commission of an abduction, burglary, or aggravated malicious wounding: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended (subject to revocation) for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy, or object sexual penetration involving a child under 13 years of age, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension. The bill also provides that any person three years older than the victim convicted of rape, forcible sodomy or object penetration of a child under 13 in the commission of or at the same time as an abduction, burglary or aggravated malicious wounding is prohibited from working on the property of a school or day care center, subject to a Class 6 felony.
Patron - Albo

P HB984

Sex Offender and Crimes Against Minors Registry; penalties. Makes numerous changes to Registry provisions. First offense child pornography possession and burglary with the intent to commit certain felony sex offenses will be new Registry offenses if committed after July 1, 2006. The sex offender website will include persons convicted of all registrable sex offenses committed after July 1, 2006, not just persons convicted of violent sex offenses as under current law. The bill modifies the registration of a person convicted of murdering a child; registration will be required if the victim is under 15 years of age and if the minor victim is 15 or older and the murder is related to a registrable offense. Persons convicted in a foreign country will be required to register. Sex offenders and persons convicted of murder will have three days to register or reregister after an address change rather than 10 and have to reregister for any employment change. Sex offenders moving into the Commonwealth will have three days to register instead of 10, as will nonresident visitors, workers and college students who are subject to registration requirements. The State Police, or the Department of Corrections if a person is under Department of Corrections control or on community supervision will be required to physically verify or cause to be physically verified registration information within the first 30 days of the initial registration or change of address and semi-annually each year thereafter. Persons who have to register for murder of a minor will be required to reregister every 90 days, the same as a violent sex offender. In addition, when a sex offender is convicted of failing to register, he will be required to reregister more frequently (violent sex offenders monthly instead of every 90 days and sex offenders 180 days instead of 12 months). The duration of registration for sex offenders who have been convicted of failing to register is extended as they will no longer be permitted to get off of the registry in 10 years from the date of registration, but instead the requirement will be 10 years from the date of their last conviction for failing to register. In addition, murder of a minor will require lifetime registration. Sex offenders convicted of failing to register will no longer be permitted to petition for relief for three years from the date of registration, but can petition five years from the date of their last conviction for failure to register. The bill makes a second or subsequent conviction for failing to register as a sex offender a Class 6 felony and requires GPS monitoring and makes a second or subsequent conviction of failing to register as a violent sex offender or murderer a Class 5 felony and requires mandatory GPS monitoring. Procedures to be used by correctional institutions and juvenile facilities to obtain registration information from sex offenders under their custody are made more comprehensive, and faster timelines for transmission of information to the State Police are added. An offender will be required to submit to having a DNA sample taken (if not already taken) and to being photographed by a law-enforcement agency every two years. Failure to register is added to the offenses for which conviction bars loitering within 100 feet of a school. Persons convicted of such offenses after July 1, 2006, will also be prohibited from loitering within 100 feet of a child day program. Persons convicted of certain sex offenses will be prohibited from working or volunteering on the grounds of a school or day care center and will be prohibited from residing within 500 feet of a school or day care center. Local school boards are required to ensure that schools within the division are registered to receive electronic notice of sex offenders within that school division and to develop and implement policies to provide information to parents regarding registration of sex offenders and the availability of information on the Registry, and are required to develop protocols governing the release of children to persons who are not their parent. The Virginia Council for Private Education is required to provide the State Police with the location of and e-mail address for every accredited private school in the Commonwealth. Public and private two- and four-year institutions of higher education are required to electronically transmit information about applicants accepted for enrollment at each institution to the State Police for comparison with the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry. The Department of Motor Vehicles is required to electronically transmit application information and change of address information for the same purpose. The bill makes it a Class 4 felony to provide false information to obtain a driver's license with the intent to use it as proof of residency for sex offender registration purposes. The bill also exempts the provisions of the Registry from the Freedom of Information Act and the Government Data Collection and Dissemination Practice Act and the Virginia Information Technologies Agency. The Department of Criminal Justice Services is required to advise and initiate training standards for criminal justice agencies and state, local and regional employees who work with the Registry. This bill incorporates HBs 205, 247, 271, 561, 799, 985, 988, 991, 993, 1012, 1015, and 1264.
Patron - Sherwood

P HB1013

False identification cards; penalty. Provides that the provisions of the Code section criminalizing the manufacture, sale, etc., or possession of fictitious, facsimile or simulated official licenses or identifications does not preclude an election to prosecute under § 18.2-172 (forgery), except to prosecute for forgery or uttering of such license or identification card or facsimile thereof as proof of age. This bill is identical to SB 345.
Patron - Hurt

P HB1014

Internet payment for sexually explicit material; penalty. Provides that any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to sexually explicit visual material that utilizes or has as a subject a person under the age of 18 years is guilty of a Class 4 felony. This bill is identical to SB 348.
Patron - Hurt

P HB1016

Assault and battery. Elevates an assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim is a judge in any Virginia court, if the official was engaged in his public duties. The bill defines "judge" as any justice or judge including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a district court or any substitute judge of a district court. Under current law the enhanced penalty applies to law-enforcement officers, correctional officers and firefighters and lifesaving, rescue and emergency medical squad members who are engaged in the performance of their public duties as such.
Patron - Hurt

P HB1040

Sale of pseudoephedrine by pharmacist; limits on purchase of pseudoephedrine; penalty. Provides that no person shall offer methamphetamine precursor drugs (ephedrine and pseudoephedrine) for retail sale except from behind the counter or with other comparable restrictions. The bill also provides that no more than nine grams of pseudoephedrine may be sold to one person. The penalty for violation of these provisions is a Class 1 misdemeanor. This bill is identical to SB 146.
Patron - Kilgore

P HB1042

Causing the death of another while engaging in a vehicle race; penalty. Provides that if a person causes the death of another person while engaging in a vehicle race in a manner so gross, wanton and culpable as to show a reckless disregard for human life, he is guilty of a felony punishable by a term of confinement of not less than one nor more than 20 years, one year of which is a mandatory minimum term of confinement.
Patron - Kilgore

P HB1049

Birth certificates; fraudulent use; penalty. States that the provisions of § 18.2-204.1 shall not preclude prosecution under any other statute.
Patron - Reid

P HB1066

Child abuse and neglect; sex offenders; penalties. Provides that it is child abuse or neglect when a child is knowingly left alone in the same dwelling with a person to whom the child is not related by blood or marriage and who the parent knows has been convicted of an offense against a minor for which registration is required as a violent sexual offender, under circumstances that create a substantial risk of physical or mental injury.
Patron - Watts

P HB1106

Possession of concealed weapons; possession in private vehicles. Provides that the prohibition against carrying concealed weapons does not apply when a person is carrying such a weapon in his place of abode or the curtilage thereof. In addition, the bill creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment in the vehicle or vessel.
Patron - Athey

P HB1141

Identity theft; penalties. Imposes a Class 6 felony for an identity theft violation if five or more persons' identifying information was obtained in the same transaction or occurrence and a Class 5 felony where 50 or more persons' identifying information was obtained in the same transaction or occurrence. The bill does not change provisions of current law that identity theft is a Class 1 misdemeanor unless there is a financial loss greater than $200 in which case the penalty is a Class 6 felony. This bill is identical to SB 460.
Patron - Cline

P HB1230

Tattooing or body piercing; penalty. Increases the penalty for tattooing or body piercing minors without parental consent or without medical supervision and for tattooing or body piercing without complying with health and safety requirements and disclosure provisions from a Class 2 misdemeanor to a Class 1 misdemeanor. Currently the Class 1 misdemeanor applies only to a second violation of the statute.
Patron - Jones, D.C.

P HB1263

Interfering with emergency use of telephone; penalty. Provides that if a person maliciously interrupts telephone communication with the intent to prevent another person from summoning emergency assistance, he is guilty of a Class 1 misdemeanor.
Patron - Janis

P HB1338

Punishment for sexual battery; penalty. Removes language in the Code section defining and punishing sexual battery, a Class 1 misdemeanor, which is identical to language in the section defining and punishing aggravated sexual battery, a felony.
Patron - Bell

P HB1339

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 Registry.
Patron - Bell

P HB1347

Punishment for distributing, manufacturing, etc., drugs; penalty. Imposes a five-year mandatory term of imprisonment for a third or subsequent conviction of any Schedule I or II drug sale or distribution. The bill also imposes a five-year mandatory minimum term of imprisonment for manufacturing, selling, giving, distributing or possessing with intent to manufacture 100 grams of heroin, 500 grams of cocaine, 250 grams of cocaine base, 1,000 grams of marijuana, or 10 grams of methamphetamine. The mandatory minimum is not applicable if the person has no prior record, did not use violence, was not the leader of the drug operation, and cooperates fully with the prosecution. The bill also imposes a five-year mandatory minimum term of imprisonment for a third or subsequent felony offense for the sale, gift, distribution or possession with intent to sell, give or distribute marijuana. This bill is identical to SB 553.
Patron - Bell

P HB1403

Sale of violent or sexually explicit video games; penalty. Specifies that the sale, rental, loan or commercial display of a sexually explicit video or computer game to a juvenile is a Class 1 misdemeanor.
Patron - Ingram

P HB1469

Certificate of analysis; availability to defendant when entered into evidence. Provides that if, upon proper request made by counsel of record for the accused, a copy of a certificate of analysis is not mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused in a timely manner, the defendant shall be entitled to continue the hearing or trial.
Patron - Griffith

P HB1507

Department of Charitable Gaming; renewal of permits. Provides that if a renewal application is received 45 days or more prior to the expiration of a permit, the permit shall continue to be effective until such time as the Department has taken final action.
Patron - Orrock

P HB1540

Attempt to poison; waterworks; penalty. Provides that any person who administers or attempts to administer any poison or destructive substance in a waterworks with the intent to kill or injure another person is guilty of a Class 3 felony.
Patron - Dudley

P HB1577

Concealed handgun permits. Eliminates the ability of a locality to require an applicant for a concealed handgun permit to submit fingerprints as part of the renewal of an existing permit. The bill modifies the current law provision that a court may disqualify an applicant from receiving a concealed handgun permit based upon specific acts that indicate that the applicant would use a weapon unlawfully or negligently by adding a disqualifying conviction and allowing the personal knowledge of a deputy sheriff, police officer or assistant Commonwealth's Attorney to be the basis for the specific acts alleged by the sheriff, chief of police, or Commonwealth's Attorney. The bill adds a definition of personal knowledge and defines it as knowledge of a fact that a person has himself gained through his own senses or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his official duties. A permit holder who changes his address must notify the issuing court of his change of address within 30 days. The bill provides a 90-day grace period for a member of the armed forces to renew his concealed handgun permit if the permit expired during an active-duty military deployment. During the 90-day period, which begins when the person returns from deployment, the permit holder would be required to carry written documentation of the start and end dates of the deployment. The bill requires the Department of State Police, in consultation with the Supreme Court on the development of the application for a concealed handgun permit, to include a reference to the Virginia Supreme Court website address or the Virginia Reports on the application. Concealed handgun permits would no longer have to be renewed every five years if the Virginia State Police receive an appropriation sufficient to conduct a criminal background check on all valid concealed handgun permits annually. The bill creates a Class 6 felony for any person who knowingly is in possession of a revoked concealed handgun permit while in possession of a concealed handgun. This bill incorporates HBs 167, 424, 769, 830, 1401, and 1578.
Patron - Cline

P SB22

Protection of infants. Adds a requirement that a baby that is delivered to a qualifying hospital or rescue squad in order for the parent to have an affirmative defense to prosecution for abuse or neglect be delivered in a manner that is reasonably calculated to ensure the child's safety. The 2003 "safe haven" legislation provided that when a parent voluntarily delivers a child no older than 14 days to a hospital or rescue squad, the parent will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon having left the baby at such facility.
Patron - Lucas

P SB26

Teacher aides, school bus drivers, and school bus aides; limited exception to simple assault or assault and battery. Adds teacher aides, school bus drivers, and school bus aides to the list of school personnel provided a limited exception to charges of simple assault or assault and battery while acting in the course and scope of their official capacity when using: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control. This bill is identical to HB 70.
Patron - Houck

P SB146

Sale of methamphetamine precursor drugs ephedrine and pseudoephedrine; penalty. Provides that no person shall offer methamphetamine precursor drugs (ephedrine and pseudoephedrine) for retail sale except from behind the counter or with other comparable restrictions. No more than three packages may be sold. No more than nine grams may be sold. The seller is also required to record the purchaser's name and the date of purchase. The purchaser must present photo identification and sign the purchase log. The log may not be revealed except to law enforcement. The log is to be kept for one year, after which the requirement expires under state law. A violation of this provision is a Class 1 misdemeanor. This bill incorporates SB 314 and SB 554 and is identical to HB 1040.
Patron - Deeds

P SB183

Brandishing a machete; penalty. Makes it illegal to point, hold or brandish a machete or any weapon with an exposed blade 12 inches or longer with intent to intimidate. The punishment is a Class 1 misdemeanor unless the offense occurs on or within 1000 feet of school property, in which case it is a Class 6 felony. This bill is identical to HB 588.
Patron - Puller

P SB291

Human trafficking; extortion; penalty. Creates a Class 5 felony for extorting money, property or other pecuniary benefit by threatening to report a person as being illegally present in the United States. This bill incorporates SB 505.
Patron - Cuccinelli

P SB299

Mandatory minimum punishment for DUI. Clarifies that in no case shall mandatory minimum punishments for DUI cumulate so as to exceed the statutory maximum punishment for a Class 1 misdemeanor or, in the case of a third or subsequent offense, for a Class 6 felony.
Patron - Cuccinelli

P SB345

P SB348

Sexually explicit material; aiding and abetting Internet payment; penalty. Provides that any person who intentionally operates an Internet website for the purpose of facilitating the payment for access to sexually explicit visual material that utilizes or has as a subject a person under the age of 18 years is guilty of a Class 4 felony. This bill is identical to HB 1014.
Patron - Howell

P SB349

P SB362

P SB367

Drug treatment courts. Establishes a drug treatment court in the City of Newport News. This bill is identical to HB 752.
Patron - Locke

P SB460

Identity theft; penalties. Imposes a Class 6 felony for an identity theft violation if five or more persons' identifying information was obtained in the same transaction or occurrence and a Class 5 felony where 50 or more persons' identifying information was obtained in the same transaction or occurrence. The bill does not change provisions of current law that punish identity theft as a Class 1 misdemeanor unless there is a financial loss greater than $200, in which case the penalty is a Class 6 felony. This bill is identical to HB 1141.
Patron - Devolites Davis

P SB473

Criminal street gangs; penalty. Expands the definition of predicate criminal act under crimes by criminal street gangs to include threats to bomb (§ 18.2-83) and receiving money for procuring person for prostitution (§ 18.2-356). This bill incorporates SB 136 and is identical to HB 775.
Patron - Norment

P SB497

Virginia Insurance Fraud Act; penalties. Sets forth the appropriate venue for violations of § 18.2-178 (obtaining money or signature through false pretenses) and § 18.2-186 (false statement to obtain property or credit). The trial may be in any county or city where any act performed in furtherance of the offense occurred, or in the city or county in which the defendant resided at the time of the offense.
Patron - Puckett

P SB524

Drug-free daycare zones; penalty. Amends the 1,000 foot drug-free school zone law to include licensed child day centers.
Patron - Newman

P SB552

Destruction of human biological evidence; penalty. Makes it a Class 6 felony for a clerk of court or other public official to willfully violate a court order entered pursuant to § 19.2-270.4:1, relating to storage, preservation and retention of human biological evidence in a felony case.
Patron - Stolle

P SB553

P SB559

Sex offenders; registration, civil commitment and mandatory minimums; penalties. Amends provisions related to the Sex Offender and Crimes Against Minors Registry and the civil commitment of sexually violent predators and increases penalties for certain sex crimes. First offense child pornography possession and burglary with the intent to commit certain felony sex offenses will be new Registry offenses if committed after July 1, 2006. The sex offender website will include persons convicted of all registrable sex offenses, not just persons convicted of violent sex offenses as under current law. The bill modifies the registration of a person convicted of murdering a child; registration will be required if the victim is under 15 years of age and if the minor victim is 15 or older and the murder is related to a registrable sexual offense. Persons convicted in a foreign country will be required to register. Sex offenders and persons convicted of murder will have three days to register or reregister after an address change rather than 10 and have to reregister for any employment change. Sex offenders moving into the Commonwealth will have three days to register instead of 10, as will nonresident visitors, workers and college students who are subject to registration requirements. The State Police, or the Department of Corrections if a person is under Department of Corrections control or on community supervision, will be required to physically verify or cause to be physically verified registration information within the first 30 days of the initial registration or change of address and semi-annually each year thereafter. Persons who have to register for murder of a minor will be required to reregister every 90 days, the same as a violent sex offender. In addition, when a sex offender is convicted of failing to register, he will be required to reregister more frequently (violent sex offenders monthly instead of every 90 days and sex offenders 180 days instead of 12 months). The duration of registration for sex offenders who have been convicted of failing to register is extended as they will no longer be permitted to get off of the registry in 10 years from the date of registration, but instead the requirement will be 10 years from the date of their last conviction for failing to register. In addition, murder of a minor will require lifetime registration. Sex offenders convicted of failing to register will no longer be permitted to petition for relief for three years from the date of registration, but can petition five years from the date of their last conviction for failure to register. The bill makes a second or subsequent conviction for failing to register as a sex offender a Class 6 felony and requires GPS monitoring and makes a second or subsequent conviction of failing to register as a violent sex offender or murderer a Class 5 felony and requires mandatory GPS monitoring. Procedures to be used by correctional institutions and juvenile facilities to obtain registration information from sex offenders under their custody are made more comprehensive, and faster timelines for transmission of information to the State Police are added. An offender will be required to be photographed every two years and to submit to having a DNA sample taken (if not already taken). Additional entities will be entitled to automatic notification of registration of sex offenders, including nursing homes and institutions of higher education. Failure to register is added to the offenses for which conviction bars loitering within 100 feet of a school. Persons convicted of such offenses after July 1, 2006, will also be prohibited from loitering within 100 feet of a child day program. Persons convicted of certain sex offenses will be prohibited from working or volunteering on the grounds of a school or day care center and will be prohibited from residing within 500 feet of a school or day care center. Local school boards are required to ensure that schools within the division are registered to receive electronic notice of sex offenders within that school division and to develop and implement policies to provide information to parents regarding registration of sex offenders and the availability of information on the Registry. Local school boards must also develop protocols governing the release of children to persons who are not their parent. The Virginia Council for Private Education must annually provide the State Police with the location and e-mail address, if available, of every accredited private school in the Commonwealth for purposes of registering to receive electronic notification of sex offenders near the schools. Public and private two- and four-year institutions of higher education are required to electronically transmit information about applicants who have been accepted for admission at each institution to the State Police for comparison with the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry. The Department of Motor Vehicles is required to electronically transmit application information and change of address information for the same purpose. The bill makes it a Class 4 felony to provide false information to obtain a driver's license with the intent to use it as proof of residency for sex offender registration purposes. The bill also exempts the provisions of the Registry from the Freedom of Information Act and the Government Data Collection and Dissemination Practice Act and the Virginia Information Technologies Agency. The Department of Criminal Justice Services is required to advise criminal justice agencies regarding Registry requirements. The bill also requires a mandatory minimum term of confinement of 25 years for the following offenses committed in the course of an abduction, burglary or aggravated malicious wounding where the offender is more than three years older than the victim: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended (subject to revocation) for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy, or object sexual penetration involving a child under 13 years of age by an offender more than three years older than the victim, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension. The bill adds to the list of offenses that qualify as sexually violent offenses for the purposes of civil commitment: abduction with intent to defile, abduction of a child under 16 years of age for the purpose of prostitution, carnal knowledge of a child between 13 and 15 years of age, and carnal knowledge of minors in custody of the court or state. The requirement that the complaining witness be under 13 years of age for aggravated sexual battery to qualify is removed. A felony conviction for conspiracy to commit or attempt to commit any of the qualified offenses is added as a qualifying offense. Incompetent defendants will be reviewed by the Commitment Review Committee. The bill provides that the Static-99 will be used to identify prisoners who will be forwarded to the Commitment Review Committee (CRC) for assessment and that if the Director of the Department of Corrections and the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services agree that no specific scientifically validated instrument exists to measure the risk assessment of a prisoner, the prisoner may be evaluated by a psychiatrist or psychologist to determine if he should be forwarded to the CRC. The bill provides factors for a court to consider in deciding whether to release a person on conditional release, such as living arrangements, availability of supervision, and access to treatment. A person on conditional release will be subject to mandatory GPS monitoring. The bill also adds abduction with intent to extort money or for immoral purposes to the felonies for which a presentence report is required. Portions of the bill have delayed effective dates.
Patron - Stolle

Failed

F HB8

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

F HB28

Criminal penalty for manufacture, distribution, etc., of methamphetamine. Raises the punishment for a second offense of manufacturing, distributing, etc., of methamphetamine to include a one-year mandatory minimum term of incarceration and for a third or subsequent offense, increases the mandatory minimum term from three to four years. The bill also raises the penalty for a violation involving 200 grams or more of a mixture or substance containing a detectable amount of methamphetamine from a 20-year mandatory minimum sentence to a 25-year mandatory minimum sentence.
Patron - Phillips

F HB31

Sale of methamphetamine precursor drugs. Provides that no person shall offer methamphetamine precursor drugs (ephedrine, pseudoephedrine, or phenylpropanolamine) for retail sale except from behind the counter upon request by the prospective purchaser to the person authorized by the owner of the retail outlet to make the sale. The seller is also required to record the purchaser's name and the date of purchase. A violation of this provision is a Class 3 misdemeanor. This bill was incorporated into HB 1040.
Patron - Phillips

F HB34

Freezing access to credit reports; penalty. Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A violation is a prohibited practice under the Consumer Protection Act. This bill was incorporated into HB 1508.
Patron - Tata

F HB42

Punishment for DUI manslaughter. Imposes a one-year mandatory minimum term of imprisonment for causing the death of another while driving intoxicated, and imposes a five-year mandatory minimum term of imprisonment (currently one year) for the same offense when the conduct of the intoxicated driver was so gross, wanton and culpable as to show a reckless disregard for human life.
Patron - Albo

F HB44

DUI punishment. Makes clear that additional punishment for two offenses of DUI is applicable to any two offenses occurring within a five-year period, rather than solely for a first and second offense occurring within a five-year period.
Patron - Albo

F HB146

Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.
Patron - Cole

F HB162

Firearms in locked vehicles; immunity from liability; civil penalty. Prohibits a person, property owner, tenant, employer, or business entity from establishing, maintaining, or enforcing any policy or rule that would prohibit a person from storing a lawfully possessed firearm in a locked vehicle. No person, property owner, tenant, employer, or business entity would be liable for any occurrence connected with use of a firearm that had been stored in a locked vehicle pursuant to the section. The bill also allows a person to file for injunction to enforce the provisions of the section, and provides for actual damages and attorney fees for a prevailing plaintiff. The bill contains exemptions for school property, parking areas that are gated or otherwise limit public access, and vehicles owned by an employer or business entity.
Patron - Lingamfelter

F HB167

Concealed handgun permit; expiration. Eliminates the need for citizens of the Commonwealth who obtain a concealed handgun permit to renew the permit every five years. This bill was incorporated into HB 1577.
Patron - Lingamfelter

F HB180

How accessories after the fact punished; penalty. Provides that all accessories after the fact to a felony are guilty of a Class 6 felony no matter their relation to the principal. Currently, the penalty is a Class 1 misdemeanor, and family members are not deemed accessories and are not criminally liable as accessories if their assistance is to assist the principal in avoiding prosecution or punishment.
Patron - McEachin

F HB205

Sex offenses prohibiting residence in proximity to schools. Provides that every person who is convicted of a sexually violent offense as defined in § 9.1-902 shall be forever prohibited from maintaining a permanent residence (more than 21 consecutive days) that is less than 1,000 linear feet from a primary, secondary, or high school. A violation of this provision is a Class 1 misdemeanor. A second or subsequent violation is a Class 6 felony. This bill was incorporated into HB 984.
Patron - Marshall, R.G.

F HB243

Battery against a sports official; penalty. Provides that if any person commits a battery against another knowing or having reason to know that such other person is a sports official engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a mandatory minimum fine of $1,000. A "sports official" is defined as a coach, umpire, referee, line judge or other person employed or volunteering in a similar capacity during a sporting event.
Patron - Shannon

F HB254

Computer trespass; additional provisions; penalty. Adds three provisions that expand the scope of what would constitute computer trespass: (i) installing computer software on the computer or computer network of another without permission; (ii) using a computer or computer network to monitor or record information without the permission of the owner; and (iii) disabling or disrupting the ability of a computer to share or transmit instructions or computer data to other computers or to any related devices, such as printers, scanners, and fax machines.
Patron - Cosgrove

F HB342

Temporary custodial detention of a person; penalty. Sets out circumstances under which a law-enforcement officer may detain a person suspected of criminal activity past, present, or future and require him to identify himself. Failure to identify oneself is a Class 1 misdemeanor. This bill was incorporated into HB 25.
Patron - Sherwood

F HB364

Driving prohibitions following a DUI. Removes reference to "engine or train" from the DUI statute and associated statutes, thus prohibiting the driving of only a motor vehicle following a conviction for DUI.
Patron - Carrico

F HB371

Using abusive language to another. Clarifies that any person who curses or abuses a law-enforcement officer, firefighter, or emergency medical personnel is guilty of a Class 3 misdemeanor. Currently, such personnel are not mentioned by name.
Patron - Carrico

F HB398

Subsequent offenses of stalking; penalty. 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 - Wittman

F HB418

Human Anti-Trafficking Act. Creates the Human Anti-Trafficking Act and punishes trafficking in humans for forced labor as a Class 5 felony and trafficking in minors for sexual activity as a Class 4 felony. The measure also provides for civil remedies for the victims.
Patron - Bulova

F HB424

Concealed handgun permits; recognition of out-of-state permits. Allows any person who is at least 21 years of age with a valid concealed handgun or concealed weapons permit issued by another state to carry a concealed handgun in the Commonwealth, so long as he also has a valid government-issued photo identification. This bill was incorporated into HB 1577.
Patron - Nutter

F HB505

Sale of methamphetamine precursor drugs ephedrine and pseudoephedrine; penalty. Provides that no person shall offer methamphetamine precursor drugs (ephedrine and pseudoephedrine) for retail sale except from behind the counter or with other comparable restrictions. No more than three packages may be sold. No more than nine grams may be sold. The seller is also required to record the purchaser's name and the date of purchase. The purchaser must sign the purchase log. The log may not be revealed except to law enforcement. A violation of this provision is a Class 1 misdemeanor. This bill was incorporated into HB 1040.
Patron - Armstrong

F HB513

Preliminary DUI breath analysis as evidence in prosecution. Provides that the results of a preliminary DUI breath analysis may be admitted into evidence in any prosecution for a DUI offense for the purpose of rebutting a challenge by the defendant to the existence of probable cause for the arrest. Currently there is no statutory exception to the rule that it not be admitted into evidence.
Patron - Armstrong

F HB545

Field test for marijuana evidence at trial. Provides that in any trial for marijuana possession, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test, approved by the Department of Forensic Science, regarding whether or not any plant material is marijuana. This bill was incorporated into HB 1030.
Patron - Griffith

F HB546

Concealed handgun permits; retired law-enforcement officers. Provides an appeal process for retired local law-enforcement officials denied written proof of consultation to carry a concealed handgun. If the chief law-enforcement officer denies the proof to the retired officer, the retired officer may appeal to the attorney for the Commonwealth.
Patron - Griffith

F HB561

Commission of a sex offense while not properly registered; penalties. Provides that any person who knowingly fails to register or reregister or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry and who, while not properly registered, commits an offense for which registration is required, other than a sexually violent offense, is guilty of a separate and distinct Class 6 felony. Such a person who commits a sexually violent offense is guilty of a separate and distinct Class 5 felony. This bill was incorporated into HB 984.
Patron - Amundson

F HB585

Child sex offenses. Merges two sex offense sections into one. The bill also creates the crime of indecent liberties against a child under the age of 13, punishable by a Class 4 felony and a Class 3 felony for a second or subsequent offense.
Patron - Watts

F HB590

Crimes; brandishing a machete; penalty. Makes it illegal to brandish a machete in such manner as to reasonably induce fear in the mind of another.
Patron - Watts

F HB608

Bad checks; child support; penalties. Specifies that writing a bad check for child or spousal support is a Class 1 misdemeanor.
Patron - Amundson

F HB615

Domestic assault; enhanced punishment. Clarifies that the enhanced punishment (Class 6 felony for a third conviction) provisions apply when there have been three offenses that occurred on a different date. There has been some confusion as to whether there have to be three different conviction dates or three different offense dates.
Patron - O'Bannon

F HB638

Larceny from an incapacitated person; penalty. Provides for a mandatory minimum penalty of 90 days' confinement for a caregiver convicted of petit larceny from an incapacitated person, and 180 days for a caregiver convicted of grand larceny from an incapacitated person.
Patron - Phillips

F HB713

Crimes; criminal street gangs; penalty. Adds carrying a concealed weapon to the list of crimes defined as "predicate criminal acts" in § 18.2-308.
Patron - McQuigg

F HB737

Crimes; possession of marijuana; penalty. Makes the first offense of possession of marijuana a Class 1 misdemeanor and deprives the person found delinquent or so convicted of the privilege to drive for one year. Currently, the penalty for the first offense is an unclassified misdemeanor and carries a maximum penalty of 30 days in jail and a $500 fine, and, in the case of a juvenile, the loss of driving privileges for six months.
Patron - Iaquinto

F HB751

Computer fraud; penalty. Removes the requirement that a person be without authority to be guilty of computer fraud.
Patron - BaCote

F HB769

Concealed handgun permits; information concerning lethal force. Requires the state police to develop, in consultation with the Attorney General, a handout concerning the use of lethal force in Virginia. The handout would be provided to each permit holder upon issuance of a concealed handgun permit. This bill was incorporated into HB 1577.
Patron - Sickles

F HB811

Defense of self, others, and property. Codifies the limits to which a person may go to defend himself or others against the violence or perception of imminent violence of another.
Patron - Fralin

F HB829

Self defense and defense of others. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person.
Patron - Welch

F HB830

Expiration of concealed handgun permit; military personnel. Provides that a concealed handgun permit held by a member of the armed forces will not expire during periods of deployment. Instead, a permit that would expire during deployment will remain valid for 90 days after the permittee returns from active duty. The permittee will be required to carry with his permit, and produce at the request of a law-enforcement officer, a copy of his deployment papers that require the permittee to travel outside of his city or county of residence on active duty and that indicate the start and end date of the deployment. This bill was incorporated into HB 1577.
Patron - Welch

F HB864

Virtual child pornography; penalty. Defines "virtual child pornography" as any visual depiction, including any photograph, film, video, picture, or computer image or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where such visual depiction is a digital image, computer image, or computer-generated image that is indistinguishable from that of a minor engaging in sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct, or sadomasochistic abuse, as also defined in § 18.2-390. Punishes possession, production, etc., of virtual child pornography the same as child pornography.
Patron - Byron

F HB879

Self-defense, defense of others, defense of property. Expands the latitude granted a person who, in his home or car, defends himself, his family, or his property from the violence or possibility of violence of another. The bill also provides that one may defend himself in any place he has a right to be, without retreat.
Patron - Gear

F HB883

Carnal knowledge of students; penalty. Makes it a Class 6 felony for a teacher in an elementary or secondary school to engage in a sexual relationship with a student even if the student is over the age of 18.
Patron - Griffith

F HB895

Weapons in certain air carrier airport terminals; concealed handgun permit holders. Limits the prohibition of weapons in airport terminals to urban air carrier airport terminals, which includes Dulles International Airport, Ronald Reagan Washington National Airport, Richmond International Airport, and Norfolk International Airport. The bill also removes ammunition from the list of prohibited items in these terminals, and creates an exception to the prohibition for individuals with a valid concealed handgun permit.
Patron - Gear

F HB904

Assault or threat of certain judicial participants; penalty. Provides that the assault, assault and battery, or threat to kill or injure a judge, juror, witness, officer of the court, or his immediate family member for or in respect of any act or proceeding had or to be had in such court is a Class 5 felony with a mandatory, minimum term of confinement of six months.
Patron - Iaquinto

F HB913

Crimes; failing to pay for motor fuel; penalty. Creates a rebuttable presumption that the registered owner or lessee of the vehicle was the person who failed to pay for the motor fuel. The bill also allows for the summons for a violation of the section to be executed by mailing a copy of the summons by first-class mail.
Patron - Oder

F HB921

Manner by which sexual battery is committed. Removes "force, threat, intimidation or ruse" from the manners by which sexual battery is committed.
Patron - Landes

F HB933

Ticket scalping is a crime; penalty. Provides that any person who resells for profit any ticket for admission to any sporting event, theatrical production, lecture, motion picture or any other event open to the public for which tickets are ordinarily sold is guilty of a Class 1 misdemeanor. (Churches, charities, and schools may scalp legally.) Currently, this prohibition may be made effective at the local level by ordinance and is punishable as a Class 3 misdemeanor.
Patron - Nutter

F HB960

Crimes; investment fraud; penalty. Creates the crime of investment fraud if a person knowingly misuses or misappropriates any money or other funds or personal property, tangible or intangible, that he receives from another for the purpose of purchasing or operating a lawful commercial business. Upon conviction, the bill provides for the same punishment as larceny.
Patron - Bulova

F HB965

Human trafficking; penalties. Establishes the crime of and punishment for human trafficking, a Class 5 felony. Provides for civil liability, business entity liability, restitution to victims, forfeiture of trafficker assets, and study by a Governor's task force.
Patron - Ebbin

F HB978

Sale of fake marijuana; penalty. Prohibits the sale near a school or similar place of a substance that is represented to be marijuana. The punishment is the same as for sale of marijuana.
Patron - Abbitt

F HB987

Providing certificate of analysis to defense counsel. Removes the requirement that any certificate of analysis prepared by the Division of Consolidated Laboratory Services or the Department of Forensic Science or authorized by either of them be provided to defense counsel at least seven days before a criminal trial in which the certificate is to be used as evidence. The bill also provides that a copy of the certificate shall be made available by the clerk, at the office of the clerk, to the defendant or counsel of record for the defendant upon request, at no charge. This bill was incorporated into HB 1469.
Patron - Shannon

F HB992

Sexual enticement of a minor; penalty. Provides that it is a Class 5 felony for any person 18 years of age or over to, with lascivious intent, knowingly and intentionally entice any minor who is three or more years his junior to do certain illicit acts. Current law limits criminal liability to enticement of any child under the age of 15 years.
Patron - Shannon

F HB993

Offenses prohibiting proximity to children and others; penalty. Provides that when a person is convicted of an offense requiring registration under § 9.1-902, he shall likewise be prohibited from loitering near children. The bill also requires that when a judge sentences a person upon conviction of an offense requiring registration under § 9.1-902 he shall, as a condition of probation, parole, or deferment or suspension of sentence, impose upon the defendant reasonable employment or occupational prohibitions and restrictions designed to protect the class or classes of persons containing the likely victims of further offenses by the defendant. The bill further requires that when a judge sentences a person convicted of an offense prohibiting proximity to children he shall, as a condition of probation, or deferment or suspension of sentence, impose upon the defendant restrictions on the defendant's residency in the proximity of a private or public elementary or high school, child day center, church, or park. This bill was incorporated into HB 984.
Patron - Shannon

F HB1015

Sex Offender Registry. Adds first offense child pornography possession and burglary with the intent to commit certain felony sex offenses as new Registry offenses if committed after July 1, 2006. The bill modifies the registration of a person convicted of murdering a child so that registration will be required if the victim is under 15 years of age and if the minor victim is 15 or older and the murder is related to a registrable sex offense. The bill makes a second or subsequent conviction for failing to register as a sex offender a Class 6 felony. This bill was incorporated into HB 984.
Patron - Hurt

F HB1031

Child pornography; possession; penalty. Adds to the possession of child pornography statute a statement that the trier of fact may infer that a person who is depicted as or presents the appearance of being younger than 18 years of age in sexually explicit visual material is younger than 18 years of age. This provision is in the possession of child pornography with intent to distribute statute.
Patron - Hurt

F HB1032

Material harmful to juveniles; penalty. Provides that giving or distributing certain sexual material to a minor is unlawful. Under current law the sale, rent, or loan of such material is unlawful. The bill also makes any display of sexual materials where a juvenile can peruse it unlawful. Under current law only the commercial display of the material is unlawful.
Patron - Hurt

F HB1071

Child pornography; penalties. Adds the following mandatory minimum terms of confinement for possession of child pornography: six months for each sexually explicit visual material possessed by the defendant and one year if the child depicted is age 13 or younger, and one year for a second or subsequent offense. For the crime of distribution of child pornography the following mandatory minimum terms of confinement are added: one year for each sexually explicit visual material distributed and two years if the child depicted in such material is age 13 or younger. A provision is added that the mandatory minimum sentence run consecutively with any other sentence.
Patron - Lohr

F HB1080

Access to customer information of telecommunications companies; penalty. Prohibits obtaining customer information from telecommunications companies by making false or fraudulent statements or representations to an employee or customer of a telecommunications company. The bill also prohibits obtaining customer information by bribing an employee of a telecommunications company or knowingly presenting false documentation to a telecommunications company. Initial violations of this section would be punishable as a Class 1 Misdemeanor. Any violation resulting in financial loss $200 or more or any second or subsequent violation would be punishable as a Class 6 felony. This bill was incorporated into HB 1518.
Patron - Scott, J.M.

F HB1100

Human Trafficking Act; penalties. Establishes in Virginia law a variation on the "Model State Anti-Trafficking Criminal Statute" proposed by the U.S. Department of Justice.
Patron - Griffith

F HB1105

Carrying concealed handguns; penalty. Amends the section requiring a person to have a valid permit to carry a concealed handgun, making it legal for a person who may lawfully possess a firearm to carry a concealed firearm so long as he informs a law-enforcement officer of his possession as soon as practicable if detained and he secures the firearm at the officer's request or allows the officer to secure the weapon.
Patron - Athey

F HB1149

Sale of pseudoephedrine by pharmacist; limits on purchase of pseudoephedrine; penalty. Provides that only a licensed pharmacist shall dispense, sell, or distribute any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, and that any person who acquires it shall produce a valid government-issued photo identification showing the date of birth of the person and shall sign a written log or receipt showing the date of the transaction, the name of the person, and the amount acquired. The bill also provides that no person shall acquire more than nine grams of pseudoephedrine within any 30-day period. The penalty for violation of these provisions is a Class 6 felony. This bill was incorporated into HB 1040.
Patron - Lingamfelter

F HB1152

Human Anti-Trafficking Act; penalties. Establishes in Virginia law the "Model State Anti-Trafficking Criminal Statute" drafted by the U.S. Department of Justice. Although Virginia has criminal statutes that address many of the crimes addressed by the Act (kidnapping, prostitution, etc.), the Department of Justice has asked the states to adopt the model act.
Patron - Lingamfelter

F HB1155

Sex crimes, electronic monitoring; penalties. Requires a mandatory minimum term of confinement of 25 years for the following offenses: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy or object sexual penetration involving a child under 13 years of age, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension. This bill was incorporated into HB 846.
Patron - Lingamfelter

F HB1165

Domestic violence victims; personal documents confidential. Requires the Department of Social Services, in coordination with the Statewide Domestic Violence Coalition, to set up procedures or services to protect the documents and personal mail of domestic violence victims so that their location or address cannot be detected from such documentation. This bill was incorporated into HB 1493.
Patron - Eisenberg

F HB1182

Driving under the influence of drugs. Provides that a person who drives with 0.003 milligrams of tetrahydrocannabinol per liter of his blood is driving under the influence of drugs.
Patron - Carrico

F HB1212

Crimes; brandishing a machete; penalty. Makes it illegal to brandish a machete in a threatening manner while committing one of many various crimes, and includes such offense as one of the predicate criminal acts that defines street gang activity.
Patron - Moran

F HB1232

Unintentional causing death of fetus punishable as involuntary manslaughter. Provides that any person who, during the commission of a crime or during conduct that shows a reckless disregard for human life, unintentionally causes an injury to a woman who is pregnant, resulting in the death of her fetus, is guilty of involuntary manslaughter. Physicians acting in good faith in the performance of their duties are not liable under the section.
Patron - Landes

F HB1252

Sex crimes; penalties. Requires a mandatory minimum term of confinement of 25 years for the following offenses: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy or object sexual penetration involving a child under 13 years of age, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension. This bill was incorporated into HB 846.
Patron - Hugo

F HB1260

Conviction of second or subsequent violent sex offense; penalty. Establishes unequivocally that prior convictions of certain violent sex crimes are to be alleged in the indictment or information and are made a part of the evidence at trial for the purpose of enhanced punishment for second and subsequent such offenses.
Patron - Janis

F HB1268

Communication systems; sexual offenses; penalty. Revises the crime of using a communications system to procure or promote sexual activity involving a minor to make it consistent with the crime of using a communications system to solicit such activity. The bill provides that the offense occurs if the person knows or has reason to believe that the person with whom he is communicating is a minor. The bill also provides that using a communications system to procure or promote the offenses of crimes against nature and taking or detaining a person for prostitution or unlawful sexual intercourse is a violation of the statute and the penalty for violation is raised from a Class 6 felony to a Class 5 felony. A venue provision states that in addition to existing venue provisions venue includes any place in which the communications system contact was initiated or received. A provision for forfeiture of a vehicle used in committing such an offense is included.
Patron - Janis

F HB1296

Child pornography; possession; penalty. States that each sexually explicit visual material utilizing or having as a subject a person younger than 18 years of age constitutes a separate felony.
Patron - Saxman

F HB1310

Child pornography; penalty. Adds a provision that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is prima facie presumed to be less than 18 years of age. This provision is currently in the possession of child pornography with intent to distribute statute. This bill was incorporated into HB 1031.
Patron - Gilbert

F HB1344

F HB1349

Abuse or neglect proceedings; videotaped statement. Allows a videotaped statement of an alleged victim to be admissible into evidence in a criminal proceeding for child abuse or neglect if the child is 12 years of age or younger at the time the statement is offered and a number of other conditions are met, including having the alleged victim and all persons present at the time the statement was taken available to testify or be cross-examined at the proceeding where the recording is offered.
Patron - Bell

F HB1354

Unsolicited messages and images sent to wireless devices; penalty. Prohibits persons or entities from sending unsolicited text or graphic messages to a telephone number assigned to a wireless device of a resident of the Commonwealth. This section would not apply to persons who have a subscription agreement with the resident, provided the resident has the option not to receive further messages. Violations of this section would be a Class 1 misdemeanor.
Patron - Bell

F HB1378

Informed consent to an abortion. Provides that informed consent to an abortion shall include a determination by a physician, who shall neither perform the abortion nor gain financially by the performance of the abortion, of the viability of the pregnancy as indicated by the presence of a fetal sac within the uterus and of fetal cardiac activity.
Patron - Cole

F HB1381

Dealing drugs and causing a death. Punishes a person who commits a violation of § 18.2-248 (sale or distribution or manufacture of controlled substances) that results in the death of another with a sentence of 10 years to life and a fine of $1,000,000 to $5,000,000 and, for a second offense, a sentence of 20 years to life and a $5,000,000 to $10,000,000 fine and, for a third or subsequent offense, a sentence of 20 years to life with a mandatory minimum of 20 years plus an $8,000,000 to $20,000,000 fine.
Patron - Phillips

F HB1401

Concealed handgun permit applications; fingerprints. Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application. This bill was incorporated into HB 1577.
Patron - Carrico

F HB1406

Solicitation of prostitution from a minor. Provides that any adult who offers money or its equivalent to a person under the age of 18 for the purpose of engaging in sexual acts and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution from a minor and is guilty of a Class 6 felony, in addition to any other penalties that may apply.
Patron - Carrico

F HB1445

Definition of parent; incest. Amends the incest statute to include step-parents, step-grandparents, step-children, and step-grandchildren.
Patron - Watts

F HB1464

Counterfeiting of prescription drugs; increased penalty. Increases the penalty for knowingly and willfully counterfeiting a prescription drug, including manufacturing, selling, distributing, or dispensing or facilitating any of those activities regarding such drug, from a Class 2 misdemeanor to a Class 5 felony. The bill defines "counterfeit drug."
Patron - Amundson

F HB1495

Firearms on school property; school board meetings; penalty. Extends the prohibition against carrying firearms at schools to school board meetings, regardless of whether the meeting is held on school property. Carrying a firearm at a school board meeting is punishable as a Class 1 misdemeanor.
Patron - Amundson

F HB1500

Fraudulent procurement of telephone records; penalty. Creates a Class 1 misdemeanor resulting from unauthorized or fraudulent procurement, sale, or receipt of telephone records which involves (i) knowingly procuring, attempting to procure, soliciting, or conspiring with another to procure a telephone record without authorization by fraudulent, deceptive, or false means; (ii) knowingly selling, or attempting to sell, a telephone record without authorization; or (iii) receiving a telephone record knowing that such record has been obtained without authorization by fraudulent, deceptive, or false means. This bill was incorporated into HB 1518.
Patron - Purkey

F HB1517

Gang and Terrorism Law-enforcement Assistance Unit. Creates in the Office of the Attorney General a Gang and Terrorism Law-enforcement Assistance Unit to assist local police and State Police with the investigation and prosecution of gang participation and gang recruitment offenses, terrorism offenses, and RICO offenses.
Patron - Albo

F HB1548

Impoundment of motor vehicle for driving with a suspended operator's license. Provides that a person arrested for driving on a suspended license, suspended for any reason, shall have his car impounded for 30 days, or 60 days for a second or subsequent such arrest. Currently, the impoundment is only for 30 days and is only effected for certain types of suspensions, such as DUI.
Patron - Reid

F HB1551

Assault and battery against a family or household member. Creates a Class 2 misdemeanor when a person commits an act of assault and battery against a family or household member knowing that a child under the age of 14 is present.
Patron - Scott, J.M.

F HB1573

Sale of pseudoephedrine by store owner; limits on purchase of pseudoephedrine; penalty. Provides that only the owner of a retail establishment or his authorized agent shall dispense, sell, or distribute any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, and that any person who acquires it shall produce a valid government-issued photo identification showing the date of birth of the person and shall sign a written log or receipt showing the date of the transaction, the name of the person, and the amount acquired. The penalty for violation of these provisions is a Class 3 misdemeanor. This bill was incorporated into HB 1040.
Patron - Gilbert

F HB1578

Concealed handgun permits. Adds a definition of "personal knowledge" and limits the disqualification relating to the likelihood of using a weapon unlawfully or negligently to personal knowledge of acts that took place during the three years immediately preceding the application. This bill was incorporated into HB 1577.
Patron - Cline

F SB7

Concealed handgun permits; reckless handling of a firearm. Disqualifies an individual who has been convicted of reckless handling of a firearm from receiving a concealed handgun permit for three years from the time of conviction.
Patron - Reynolds

F SB15

Transfer of firearms; criminal records check; penalties. 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. The bill also adds the definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
Patron - Marsh

F SB31

Ignition interlock system; exemption. Allows the court to grant an exemption to a person otherwise required to use an ignition interlock system if the court determines that an exemption is warranted based on physician documentation that a person's medical condition prevents him from correctly utilizing the ignition interlock system.
Patron - Miller

F SB36

F SB37

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute cocaine; penalties. Provides that any person who manufactures, sells, gives, distributes, or possesses cocaine with intent to manufacture, sell, give, or distribute it shall, in addition to any other punishment provided therefor, receive a mandatory minimum term of imprisonment of five years for a first offense, 10 years for a second offense, and 15 years for a third or subsequent offense.
Patron - Reynolds

F SB58

F SB136

Criminal street gangs; penalty. Adds to the list of crimes defined as "predicate criminal act" § 18.2-95, grand larceny and § 18.2-308, carrying a concealed weapon. This bill was incorporated into SB 473.
Patron - O'Brien

F SB143

Crimes; punishment for using abusive language; penalty. Makes it a Class 3 misdemeanor to curse or abuse, under circumstances reasonably calculated to provoke a breach of the peace, law-enforcement or emergency personnel who are in the performance of their duties.
Patron - Deeds

F SB170

Bad checks; child support; penalties. Specifies that writing a bad check for child or spousal support falls within the criminal penalties for bad checks. The bill also adds writing a bad check for child or spousal support on behalf of a business, firm, or corporation knowing that there are insufficient funds to the provisions that make it a Class 1 misdemeanor or Class 6 felony ($200 or more) for an employer to write a bad check for wages.
Patron - Quayle

F SB197

Driver's license reinstatement fees. Increases from $40 to $80 the amount of the fee charged by DMV for reinstatement of suspended or revoked driver's licenses. Proceeds of this additional fee are to be paid into the Trauma Center Fund.
Patron - Williams

F SB223

F SB284

Computer fraud; penalty. Provides that a person who uses a computer or computer network to obtain property or services by false pretenses, embezzle, or commit larceny is guilty of the crime of computer fraud, whether or not he has authority to use the computer. Under current law computer fraud occurs only if the person uses the computer without authority.
Patron - Norment

F SB301

Violation of custody and visitation court order; penalty. Revises crime of withholding a child from a parent outside of the state in violation of a court order to remove the provision that it must have been done intentionally and that the violation of the court order must have been significant. The crime still must be done knowingly and wrongfully and there must be a clear violation of the court order. The current crime of knowingly, wrongfully and intentionally engaging in conduct that constitutes a clear and significant violation of a custody or visitation court order, without regard to the location of the child, is changed to mirror the out-of-state provision.
Patron - Cuccinelli

F SB314

Sale of methamphetamine precursor drugs ephedrine and pseudoephedrine; penalty. Provides that no person shall offer methamphetamine precursor drugs (ephedrine and pseudoephedrine) for retail sale except from behind the counter or with other comparable restrictions. No more than three packages may be sold. No more than nine grams may be sold. The seller is also required to record the purchaser's name and the date of purchase. The purchaser must sign the purchase log. The log may not be revealed except to law enforcement. A violation of this provision is a Class 1 misdemeanor. This bill was incorporated into SB 146.
Patron - Cuccinelli

F SB315

Abortion performed on child under age 15; penalty. Requires the preservation and testing of fetal tissue for the purpose of determining whether the pregnancy is the result of criminal behavior. Failure of a physician to comply the requirements is unprofessional conduct and a Class 4 misdemeanor.
Patron - Cuccinelli

F SB321

Methamphetamine laboratories; penalties. Provides a term of life imprisonment with a mandatory minimum term of confinement of 20 years if a first responder suffers serious bodily injury as a direct result of a methamphetamine lab. The bill punishes the operation of a methamphetamine lab in a residential area near a home, school, or church with a penalty of 40 years imprisonment with a mandatory minimum term of confinement of 10 years.
Patron - Deeds

F SB322

Identity theft; penalty. Provides that a person who unlawfully appropriates the identity of 10 or more persons is guilty of a Class 3 felony and of a Class 2 felony for the unlawful appropriation of 100 or more.
Patron - Deeds

F SB323

Gang crimes; penalty. Provides life imprisonment as the possible penalty for a third gang-related crime in a 10-year period by elevating the penalty to a Class 2 felony (20 years to life) from a Class 3 felony (5 years to 20 years).
Patron - Deeds

F SB372

Impersonating law-enforcement officer or misrepresenting vehicle; penalty. Elevates the crime of impersonating a law-enforcement officer from a Class 1 misdemeanor to a Class 6 felony. The bill adds a new crime of using a motor vehicle to stop or detain a person with the intent to deceive the person into believing that he is a law-enforcement officer.
Patron - Saslaw

F SB376

F SB451

F SB470

Sex crimes; penalties. Requires a mandatory minimum term of confinement of 25 years for the following offenses where the offender is more than three years older than the victim: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended (subject to revocation) for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy, or object sexual penetration involving a child under 13 years of age by an offender more than three years older than the victim, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension. This bill was incorporated into SB 559.
Patron - Norment

F SB491

Control of dangerous and vicious dogs; registry; penalty. The bill expands the authority to petition a court to find a dog dangerous to any law enforcement officer and makes that petition mandatory. A Virginia Dangerous Dog Registry is created to be maintained by the State Veterinarian; any change in the status of a dangerous dog is to be promptly submitted in writing. Surrender of a dog that is subject of a pending action to animal control shall not be in lieu of prosecution. The bill also (i) expands the definition of "dangerous dogs" to include dogs that inflict injury to a another cat or dog requiring the animal to be euthanized while also broadening safe harbor provisions; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires insurance be maintained for a dangerous dog and raises the policy limit requirement to $100,000 and allows for a surety bond in lieu of an insurance policy. This bill was incorporated into SB 200 and is identical to HB 340 and HB 1039.
Patron - Quayle

F SB505

F SB510

F SB554

Sale of methamphetamine precursor drugs ephedrine and pseudoephedrine; penalty. Provides that no person shall offer methamphetamine precursor drugs (ephedrine and pseudoephedrine) for retail sale except from behind the counter or with other comparable restrictions. No more than three packages may be sold. No more than nine grams may be sold. The seller is also required to record the purchaser's name and the date of purchase. The purchaser must sign the purchase log. The log may not be revealed except to law enforcement. A violation of this provision is a Class 1 misdemeanor. This bill was incorporated into SB 146.
Patron - Stolle

F SB570

Penalty for possession of controlled substances. Provides that any person who is convicted of a felony violation of possession of a controlled substance shall be punished by a mandatory minimum term of confinement of 45 days and shall be ordered by the court to undergo drug education and rehabilitation during his term of confinement.
Patron - McDougle

F SB580

Type of licensure required of physicians who perform abortions. Provides that, for the purposes of the provisions of the Code regulating abortions, "physician," "licensed physician," and "physician licensed by the Board of Medicine to practice medicine and surgery," when in reference to a physician who performs or who is to perform an abortion, shall mean a physician who is board certified to practice surgery or obstetrics/gynecology or both.
Patron - Cuccinelli

F SB649

Drug treatment courts. Eliminates the requirement for General Assembly approval when establishing drug treatment courts in localities of the Commonwealth and requires localities that intend to establish a drug court to apply to the state drug treatment court advisory committee which will review the application and make recommendations for approval or denial to the Chief Justice of the Supreme Court.
Patron - Lucas

Carried Over

C HB387

Department of Charitable Gaming; regulation of charitable small card tournaments. Adds charitable small card tournaments to the games of chance that may be conducted as part of charitable gaming, which tournaments will be regulated by the Department of Charitable Gaming. A charitable small card tournament is defined as a game of chance involving a series of card games in which players are eliminated until one player is declared the overall winner and prizes may be awarded to the tournament winner and other runners up. The bill specifies the conditions under which this new type of charitable gaming may be conducted and requires the Board of Charitable Gaming to adopt regulations governing the management, operation, and conduct of such gaming. The bill limits the conduct of charitable small card tournaments to charitable organizations that are required to obtain a permit to conduct charitable gaming generally. The bill requires all card dealers to be registered with the Department and allows for them to be paid remuneration not to exceed $75. The bill provides that no person participating in a charitable small card tournament as a card dealer shall serve as a charitable gaming manager during any charitable small card tournament in which he participates as a card dealer. The Board of Charitable Gaming is required to adopt emergency regulations to implement the provisions of this bill.
Patron - Reid

C HB429

Arson; penalty. Elevates the arson of an unoccupied church to a Class 3 felony from a Class 4 felony.
Patron - Nutter

C HB782

Elimination of the triggerman rule. Eliminates the "triggerman rule," which provides that only the actual perpetrator of a capital murder is eligible for the death penalty, and that accessories and principals in the second degree can only be punished with first degree murder.
Patron - Gilbert

C HB995

Database breach notification. Requires an individual or a commercial entity that conducts business in Virginia and that owns or licenses computerized data that includes personal information to conduct in good faith a reasonable and prompt investigation when it becomes aware of a breach of the security of the system. If the investigation determines that misuse of information has or is reasonably likely to occur, the individual or commercial entity shall give notice to the Virginia resident as soon as possible. Notification must be made in good faith, in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. The bill also contains alternative notification provisions. The Office of the Attorney General may bring an action in law or equity to address violations of this section and other appropriate relief.
Patron - Brink

C HB1018

Capital murder. Provides that the willful, deliberate, and premeditated killing of a justice or judge of any Virginia court, when such killing is for the purpose of interfering with the performance of the judge's official duties or because of the judge's official duties, is capital murder.
Patron - Hurt

C HB1067

Document verification for employment of illegal immigrants; penalty. Makes it a Class 1 misdemeanor to falsely represent that an alien worker has documentation indicating that he is legally eligible for employment. Each day of unlawful employment of each alien constitutes a separate civil offense punishable by a $100 civil penalty.
Patron - Watts

C HB1154

Database breach notification. Requires an individual or a commercial entity that conducts business in Virginia and that owns or licenses computerized data that includes personal information to notify a resident of Virginia of any breach of the security of the system immediately following the discovery of a breach in which unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notification must be made in good faith, in the most expedient time possible, and without unreasonable delay, consistent with the legitimate needs of law enforcement and with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. The bill also contains alternative notification provisions. For a private civil action to recover damages, the award is triple the amount of actual damages plus reasonable attorney fees. The Office of the Attorney General may also bring an action in law or equity to address violations of this section and other appropriate relief.
Patron - Lingamfelter

C HB1204

Alcohol or drug content of blood. Changes the term "rebuttable presumption" to "inference" in DUI, drunk boating, and commercial DUI statutes. Under current law, if an accused has a certain blood alcohol or drug level it is presumed that he was under the influence of alcohol or drugs at the time of the alleged offense, and this bill changes the term "presumed" to "inferred." The bill adds that the provisions of this act are declaratory of existing law.
Patron - Moran

C HB1311

Capital murder of a person assisting in a criminal investigation; penalty. Adds to the list of offenses punishable as capital murder the willful, deliberate and premeditated killing of any person because he is assisting, would have assisted, or previously assisted in a criminal investigation or prosecution.
Patron - Gilbert

C HB1460

Immigration status of youth gang criminals and families. Provides that upon the conviction of any person of a youth gang crime, the probation and parole officer shall verify the person's immigration status. If the officer discovers that the person is in the United States illegally, he shall report his status to the United States Immigration and Customs Enforcement Agency. The officer shall then contact the United States Immigration and Customs Enforcement Agency and report information he may have on the person and his family and household members.
Patron - Marsden

C HB1557

Sex offenses prohibiting certain employment; penalty. Provides that any adult who has been convicted of rape, forcible sodomy, or object sexual penetration shall be prohibited from working or volunteering on property he knows or has reason to know is a public or private elementary or secondary school or child day center property. A violation of this section is punishable as a Class 6 felony.
Patron - Bell

C SB292

Sexually explicit e-mails; penalty. Provides that it is a Class 6 felony to send a sexually explicit commercial e-mail without including the words "sexually-explicit" in capital letters as the subject line and as the opening phrase of the e-mail. There must also be clear and conspicuous identification that the message is an advertisement or solicitation and a clear and conspicuous statement that to avoid viewing the sexually explicit material a recipient should delete the e-mail. These requirements mirror the federal CAN SPAM Act.
Patron - Cuccinelli

C SB368

Displaying video game ratings; penalty. Prohibits the open display to the public by any merchant of a video game that has been assigned a rating symbol by a national computer or video game industry organization indicating that the content of the game may be suitable only for persons age 17 or older unless the rating symbol is clearly and prominently printed on or affixed to the video game's box or package. A violation is a Class 1 misdemeanor.
Patron - Marsh

C SB471

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Crimes and Offenses Generally

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