General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Criminal Procedure


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Criminal Procedure

Passed

P HB21

Notice to crime victims; bail release. Provides that crime victims shall be notified of the release of an accused on bail if they have provided their contact information.
Patron - Fralin

P HB25

False identification to law-enforcement officer; penalty. Provides that any person who falsely identifies himself to a law-enforcement officer with the intent to deceive the law-enforcement officer as to his real identity after having been lawfully detained and being requested to identify himself, is guilty of a Class 1 misdemeanor.
Patron - Wright

P HB125

Conservators of the peace. Adds special agents of the National Aeronautics and Space Administration to the list of persons who are conservators of the peace while in the performance of their official duties.
Patron - Lewis

P HB127

Compensation of court-appointed counsel. Requires court-appointed counsel to make a written request within 30 days of trial or preliminary hearing for payment of his fees. As introduced this bill was a recommendation of the Committee on District Courts.
Patron - Kilgore

P HB438

Investigations and reports by probation officers in certain cases. Allows the court to use a presentence report which contains only the defendant's criminal history, any history of substance abuse, any physical or health-related problems, and any applicable sentencing guideline worksheets. This expedited report shall be subject to all the same procedures as all other sentencing reports and sentencing guidelines worksheets, but shall not be used over the objection of the defendant or the Commonwealth.
Patron - Griffith

P HB524

Criminal procedure; dissemination of criminal history record information. Provides for the dissemination of criminal history record information to shipyards for the purpose of screening potential employees and other personnel seeking access to shipyard facilities.
Patron - Oder

P HB553

Statute of limitation for occupational and professional criminal violations. Provides that prosecution of any misdemeanor violation of § 54.1-111 (occupation and profession violations) shall commence within one year of the discovery of the offense by the claimant, but in no case later than five years from the occurrence.
Patron - Saxman

P HB617

Profits from crime. Provides that profits from crime are subject to a special order of escrow, with the profits going to the victim. If there is money remaining after a judgment in favor of the victim is paid, or if there is no judgment in favor of a victim, 25 percent of the defendant's legal fees paid by the Commonwealth may be reimbursed to the Commonwealth and the defendant's fines and costs may be paid. Any money remaining will be paid into the Literary Fund. Because Article VIII, Section 8 of the Virginia Constitution requires forfeited assets, other than those involved in the distribution of illegal drugs, to be deposited into the Literary Fund, under current law the money cannot be paid into the Criminal Injuries Compensation Fund.
Patron - O'Bannon

P HB653

Criminal procedure; disposal of nonevidentiary substances or paraphernalia. Allows the chief law-enforcement officer of an agency to assign a designee who may order, with proper authorization of the attorney for the Commonwealth, the destruction of nonevidentiary substances or paraphernalia.
Patron - Lewis

P HB789

Criminal procedure; compensation of expert witness. Eliminates the prohibition against compensating psychiatrists, clinical psychologists, or other experts who are employed by the Commonwealth and appointed by the court to render professional service in trials involving an insanity defense or after conviction in a case in which the offense indicates sexual abnormality, except those who are employed by the University of Virginia School of Medicine or the Medical College of Virginia Commonwealth University. The bill limits such compensation to that which is provided during non-state hours and that is approved as being outside the scope of state employment. This bill is identical to SB 251.
Patron - Brink

P HB790

Revocation of conditional release; period following revocation. Extends the duration of the custody period following the revocation of a person's conditional release but before he is subject to hospitalization and treatment from 30 days to 60 days. This bill is identical to SB 250.
Patron - Melvin

P HB791

Not guilty by reason of insanity; conditional release. Provides that when a person who has been found not guilty by reason of insanity is on conditional release, the fact that he voluntary admits himself to a hospital does not automatically revoke his conditional release. This bill is identical to SB 289.
Patron - Brink

P HB844

Indigent Defense Commission. States the Commission's authority and the duties that can be delegated to the executive director. The Commission is required to adopt rules and procedures for the conduct of its business and to ensure that the executive director complies with all Commission and statutory directives. The membership of the Commission is increased from 12 to 14, with the additional members appointed by the General Assembly. This bill is identical to SB  562.
Patron - Albo

P HB863

Computer and electronic data seized in obscenity, etc., cases; access to defendant. Provides that when computer data or electronic data, the possession of which is otherwise unlawful, are seized as evidence in a criminal prosecution of an obscenity or child pornography offense involving child pornography, neither the original data nor a copy shall be released to the defendant or his counsel. The court is not allowed to order the release of such evidence to the defendant or his counsel except in accordance with the rules of discovery or under restricted conditions upon a finding that the data is necessary and material to the defense of the accused.
Patron - Byron

P HB901

Criminal street gang members; conditions of probation. Provides that the court, when sentencing an active participant or member of a criminal street gang, may, as a condition of probation or a suspended sentence, place reasonable restrictions on with whom the accused may have contact. The bill creates an exception for those who are members of the person's family or household. This bill is identical to SB 344.
Patron - Iaquinto

P HB986

Civil immunity; victim notification program. Provides that the Virginia Sheriffs' Association and the Virginia Community Policing Institute, and the directors, managers, members, officers and employees of such entities are immune from civil liability for their acts or omissions relating to the establishment and operation of an automated victim notification system unless such act or omission was the result of gross negligence or willful misconduct.
Patron - Sherwood

P HB1022

Timing of defense objections; general district court. Clarifies that defense motions or objections seeking suppression of evidence or dismissal of the warrant need not be made before trial at the general district court level and that upon such motion made at trial a court shall grant a continuance upon motion of the Commonwealth.
Patron - Hurt

P HB1028

Indigent defendants; appointment of counsel. Provides that if no attorney who is on the list maintained by the Indigent Defense Commission is reasonably available, the court may appoint as counsel an attorney not on the list who has otherwise demonstrated to the court's satisfaction an appropriate level of training and experience. The court is required to provide notice of the appointment to the Commission. These provisions will expire on July 1, 2008. This bill is identical to SB 6.
Patron - Hurt

P HB1030

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 field test approved by the Department of Forensic Science, regarding whether or not any plant material, the identity of which is at issue, is marijuana. The bill also provides an opportunity for defense counsel to require full laboratory analysis.
Patron - Hurt

P HB1266

Criminal history background check of persons who enter the homes of others. Provides that any employer of persons whose employment requires that they enter the homes of others may acquire those persons' criminal history record information for the purpose of screening those individuals.
Patron - Janis

P HB1322

Notice of release of acquittee. Provides that the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall give notice of the granting of an unescorted community visit to any victim of a felony offense against the person punishable by more than five years in prison that resulted in the charges on which a person was acquitted because of mental illness, or to the next-of-kin of the victim at the last known address, provided the person seeking notice submits a written request for such notice to the Commissioner.
Patron - Morgan

P HB1345

Process for issuance of search and arrest warrants. Provides that where an appearance is required or permitted, and that appearance is made by two-way electronic video and audio communication, documents may be transmitted by facsimile between the magistrate, intake officer, or judge, and the person appearing before such magistrate, intake officer, or judge. Additionally, when seeking a search warrant, the person seeking the search warrant may file the required affidavit by electronically transmitted facsimile process.
Patron - Bell

P HB1350

Constitutional challenges. Provides that the district court shall remove a case to circuit court if the defendant moves for dismissal on the basis that the statute is unconstitutional. Such motion shall be made prior to trial. The bill also allows a pretrial appeal by the Commonwealth if the circuit court dismisses a criminal warrant, information or indictment or charge on the ground that a statute is unconstitutional.
Patron - Bell

P HB1425

Criminal procedure; collection of unpaid fines and costs by local treasurers. Authorizes a local treasurer pursuant to an agreement with the attorney for the Commonwealth and subject to existing law regarding collection of delinquent taxes and other charges, to collect administrative costs and fees normally collected when collecting unpaid fines and court costs.
Patron - Johnson

P HB1431

Procedure upon arrest without warrant. Provides that a special conservator of the peace has the authority to affect arrests and to use up to the same amount of force as would be allowed to a law-enforcement officer when making a lawful arrest.
Patron - Oder

P HB1490

Secure bonds; time within which default is recorded; remittance; power of attorney to be filed with Department of Criminal Justice Services. Provides that only the actual value of real estate or personal property be used to determine solvency for posting a bond. The bill extends from 60 to 150 days the time period before which a default is recorded, and extends the time for remittance of a default from one to two years. The bill also requires that any power of attorney executed creating an agent to execute a bail bond be filed with the Department of Criminal Justice Services.
Patron - Ware, O.

P HB1509

Reporting identity theft to law-enforcement agencies. Provides that a consumer may report a case of identity theft to the law-enforcement agency where he resides. The bill also provides that upon receipt of a court order and upon request by such person, the Office of the Attorney General, in cooperation with the State Police, shall issue an "Identity Theft Passport" stating that such an order has been submitted.
Patron - Plum

P HB1526

Community-based probation. Provides for placement of certain offenders within a community-based probation agency. The bill also provides that the court may revoke all or part of the suspended sentence if the offender refuses to comply with the community-based probation agency or if the offender commits a new offense while under agency supervision.
Patron - Moran

P SB6

Court-appointed counsel. Provides that if no attorney on the list maintained by the Indigent Defense Commission is reasonably available, the court may appoint as counsel an attorney not on the list who has otherwise demonstrated to the Commission's satisfaction an appropriate level of training and experience. This bill is identical to HB 1028.
Patron - Reynolds

P SB250

Revocation of conditional release of acquittees; period following revocation. Extends the duration of the custody period following the revocation of a person's conditional release but before he is subject to hospitalization and treatment from 30 days to 60 days. This bill is identical to HB 790.
Patron - Puller

P SB251

Criminal procedure; compensation of expert witness. Eliminates the prohibition against compensating psychiatrists, clinical psychologists, or other experts who are employed by the Commonwealth and are appointed by the court to render professional service in trials involving an insanity defense or after conviction in a case in which the offense indicates sexual abnormality. The bill limits such compensation to that which is for professional services rendered during nonstate hours and approved by the expert's employing agency as being beyond the scope of the expert's state employment duties. This bill is identical to HB 789.
Patron - Puller

P SB288

Revocation of conditional release; expedited hearing. Requires that a hearing on revocation of conditional release of one acquitted by reason of insanity be scheduled on an expedited basis and given priority over other civil matters before the court.
Patron - Blevins

P SB289

Not guilty by reason of insanity; conditional release. Provides that when a person who has been found not guilty by reason of insanity is on conditional release, the fact that he voluntarily admits himself to a hospital does not automatically revoke his conditional release.This bill is identical to HB 791.
Patron - Blevins

P SB344

Criminal street gang members; condition of probation. Provides that the court, when sentencing an active participant or member of a criminal street gang, may, as a condition of probation or a suspended sentence, place reasonable restrictions on with whom the accused may have contact. The bill creates an exception for those who are members of the person's family or household. This bill is identical to HB 901.
Patron - Obenshain

P SB381

Recognizance bonds; default. Deletes provision that if the amount of the recognizance forfeited is in excess of the jurisdictional amount of the district court, process is returnable to the circuit court. This conforms the section amended by this bill to § 16.1-77 which was amended in 2004 to provide that the $15,000 limit does not apply to bond forfeiture. This bill is a recommendation of the Committee on District Courts.
Patron - McDougle

P SB549

Defense objections in criminal proceeding. Clarifies that defense motions or objections seeking suppression of evidence or dismissal of the warrant need not be made before trial at the general district court level and that upon such motion made at trial a court shall grant a continuance upon motion of the Commonwealth.
Patron - Reynolds

P SB562

Indigent Defense Commission. States the Commission's authority and the duties that can be delegated to the executive director. The Commission is required to adopt rules and procedures for the conduct of its business and to ensure that the executive director complies with all Commission and statutory directives. The membership of the Commission is increased from 12 to 14, with the additional members appointed by the General Assembly. This bill is identical to HB 844.
Patron - Stolle

P SB566

Presentence investigations and reports. Clarifies that presentence reports are required in certain cases, such as sex offenses. Adds to the sex offenses abduction with intent to defile or to prostitute a child under 16 or assisting in such abductions, and attempted aggravated sexual battery.
Patron - Stolle

P SB567

Dissemination of juvenile record information. Allows the Virginia Criminal Sentencing Commission access to juvenile record information for research purposes.
Patron - Stolle

P SB578

Presumption of no bail for person charged with certain sex offenses. Provides that a person charged with aggravated sexual battery is rebuttably presumed ineligible for bail. Currently such a person is presumed ineligible when he is charged with a second such offense. The bill is not effective unless appropriate funding for it is provided in the budget bill.
Patron - McDougle

P SB579

DNA analysis after arrest for capital murder or attempted capital murder. Requires that a person arrested for capital murder or attempted capital murder have a sample of saliva or tissue taken for DNA analysis.
Patron - McDougle

P SB637

Issuance of warrants by circuit court judges. Provides that a circuit court judge, upon the motion of the attorney for the Commonwealth, shall issue a warrant to seize property named in an information.
Patron - Quayle

Failed

F HB79

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 the period of the suspension or 30 days, whichever is greater. Currently, the impoundment is only for 30 days and is only effected for certain types of suspensions, such as DUI.
Patron - Spruill

F HB97

Power of magistrates to issue felony arrest warrants. Provides that no magistrate may issue an arrest warrant upon the basis of a citizen complaint, for a felony offense, without prior authorization from the attorney for the Commonwealth in his jurisdiction, unless the person who is to be issued the warrant has already been placed under arrest by a law-enforcement officer.
Patron - Cosgrove

F HB99

Appeal of district court decision by the Commonwealth. Allows the Commonwealth to appeal to the Court of Appeals a decision by a district court in which the district court finds a criminal statute unconstitutional.
Patron - Cosgrove

F HB152

Power of magistrates to issue felony arrest warrants. Provides that no magistrate may issue an arrest warrant upon the basis of a citizen complaint, for a felony offense, without prior authorization from the attorney for the Commonwealth in his jurisdiction, unless the person who is to be issued the warrant has already been placed under arrest by a law-enforcement officer.
Patron - Alexander

F HB181

Authority for arrest without warrant for motor vehicle code violations. Allows law-enforcement officers to arrest without a warrant the driver of any motor vehicle if the arresting officer is in uniform, displays his badge of authority, and has observed a violation of § 46.2-821(failure to yield right of way) or 46.2-833 (failure to obey traffic light) or has received a radio message from the officer who observed the violation.
Patron - McEachin

F HB188

Sentencing; death sentence. Requires in sentencing capital cases at the request of the defendant, a jury shall be instructed that an individual who was sentenced to death in the Commonwealth and twice scheduled to be executed was later granted an absolute pardon absolving him of guilt for a capital murder conviction on the basis of DNA testing, and that eyewitness identifications have been shown in many cases to be inaccurate and highly susceptible to suggestion, in addition to the requirement under current law that the jury be told that a defendant is not eligible for parole if sentenced to imprisonment for life.
Patron - Marshall, R.G.

F HB247

Electronic notice of sex offender registration. Provides that any person may request from the State Police and, upon compliance with the requirements therefor established by the State Police, shall be eligible to receive from the State Police electronic notice of the registration or reregistration of any sex offender. This bill was incorporated into HB 984.
Patron - Shannon

F HB271

Electronic notice of sex offender registration. Provides that any person may request from the State Police and, upon compliance with the requirements therefor established by the State Police, shall be eligible to receive from the State Police electronic notice of the registration or reregistration of any sex offender. This bill was incorporated into HB 984.
Patron - Poisson

F HB313

Compensation of court-appointed counsel. Removes the monetary caps on court-appointed counsel fees and instead allows the court to set an hourly rate based on the type of case.
Patron - Albo

F HB385

Grand juries. Provides that a judge shall permit an individual who wishes to testify before a regular grand jury or a special grand jury to do so unless the judge makes a written finding that the testimony of that individual would present a substantial physical danger to the grand jurors or would likely invalidate any true bills issued by the grand jury. The judge's written finding may be appealed to the Court of Appeals.
Patron - Dance

F HB414

Qualifications for court-appointed counsel. Allows a court to waive the qualification requirements as the Commission is currently allowed. This bill was incorporated into HB 1028.
Patron - Griffith

F HB433

Bail bondsmen; equity ratio of property and outstanding bonds. Allows a bail bondsman to write bonds up to four times the value of his financial holdings (current law requires a 1:1 ratio), and provides that no single bond shall represent more than 25 percent of his collateral.
Patron - Griffith

F HB510

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 before a criminal trial in which the certificate is to be used as evidence. This bill was incorporated into HB 1469.
Patron - Armstrong

F HB541

Criminal history record information. Allows a person, who has applied to be a volunteer with the council of the Girl Scouts of the USA or the Boy Scouts of America serving troops in Virginia, to receive his own criminal history information at no charge.
Patron - McClellan

F HB627

Modification of sentence by a judge prior to a defendant's transfer to corrections facility. Provides that a court may modify the sentence of a convicted person prior to his transfer to any correctional facility. Currently, the court may do so only if the person is to be sent to a Virginia Department of Corrections facility.
Patron - Johnson

F HB722

Linguistic style of grand jury instructions. Modernizes the style of grand jury instructions into language actually used by people today.
Patron - McQuigg

F HB755

Certification of laboratories that perform DNA analyses. Provides that all DNA analyses offered as criminal evidence shall have been performed by laboratories accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB).
Patron - McEachin

F HB785

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

F HB794

Forfeiture of certain weapons; firearms; altered serial numbers. Prohibits the return of a firearm confiscated during the commission of a crime if the serial number on the firearm has been altered.
Patron - Hogan

F HB988

Sex offender residency prohibition. Provides that every adult who is required to register as a sex offender or child offender pursuant to § 9.1-902, when the offense occurred on or after July 1, 2006, shall be forever prohibited from residing in a community correctional facility that is within one mile of the premises of any child day center or a primary, secondary, or high school. This bill was incorporated by HB 984.
Patron - Shannon

F HB1101

Civil commitment of sexually violent predators. Adds to the list of offenses that qualify as sexually violent offenses: 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, carnal knowledge of minors in custody of the court or state, crimes against nature, indecent liberties, indecent liberties with children and indecent liberties with child by person in custodial or supervisory relationship. 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. The bill also adds abduction with intent to extort money or for immoral purposes to the felonies for which a presentence report is required. The Commitment Review Committee and Attorney General, for the purpose of sexually violent predator civil commitments, are added as persons having a legitimate interest in child protective services records. This bill was incorporated into HB 1038.
Patron - Griffith

F HB1140

Sentencing; reimbursement for payment of reward. Allows a judge to require, after conviction, that a defendant reimburse any person or entity for a reward offered and paid for information leading to the defendant's arrest and conviction.
Patron - Cline

F HB1159

High-speed pursuit policy. Provides that on and after January 1, 2007, every law-enforcement agency in the Commonwealth that is or may be engaged in emergency response and vehicle pursuits shall adopt a written policy that sets forth the manner in which such operations shall be conducted.
Patron - Eisenberg

F HB1203

Public defenders; compensation. Allows any county or city, in its discretion, to supplement the compensation of the public defender or any of his deputies or employees above the salary fixed by the executive director of the Commission.
Patron - Moran

F HB1262

Procedures in forfeiture cases. Provides that discovery in drug forfeiture proceedings shall be had according to the criminal rules of discovery, that a jury shall consist of five people, and that the Commonwealth may take a nonsuit. Currently, none of these procedures is addressed in the forfeiture law.
Patron - Janis

F HB1269

Forfeiture. Consolidates forfeiture provisions that are currently spread throughout the Code and makes them subject to consistent procedures for enforcement. Included in the consolidation are forfeitures related to cigarettes, adulterated food and dairy products, motor vehicles used in connection with contraband alcoholic beverages and DUI convictions, illegal gambling, child pornography, conflicts of interests of a governmental official, fishing violations, illegal hunting, drag racing, unlawful importing, and sale of fuel.
Patron - Janis

F HB1309

Criminal history of a juvenile as element in determination of bail. Provides that the juvenile criminal history of a person is specifically considered when the determination is made whether to release a person on bail.
Patron - Gilbert

F HB1321

Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than ten years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.
Patron - Morgan

F HB1335

Photographs of explosives admissible in criminal prosecutions. Provides that in any prosecution involving an explosive material, bomb, or device defined in § 18.2-85, photographs of the material, bomb, or device shall be deemed competent evidence of such material, bomb, or device and shall be admissible in any proceeding, hearing, or trial of the case to the same extent as if such material, bomb, or device had been introduced as evidence.
Patron - Bell

F HB1461

Who may serve on a criminal jury. Provides expressly those who are forbidden to serve on a criminal jury.
Patron - Marsden

F HB1527

Who may serve on a criminal jury. Provides expressly those who are forbidden to serve on a criminal jury.
Patron - Armstrong

F SB17

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

F SB151

Criminal street gangs. Authorizes probation officers to share with law-enforcement officers information on the criminal street gang membership of probationers. This bill was incorporated into SB 561.
Patron - Deeds

F SB317

Civil commitment of sexually violent predators. Adds to the list of offenses that qualify as sexually violent offenses: 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. 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. The provisions regarding qualifying offenses will be effective January 1, 2007, the remainder of the bill will be effective July 1, 2006. This bill was incorporated into SB 559.
Patron - Howell

F SB335

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

F SB341

Jurisdiction of corporate authorities of cities and towns. Extends the jurisdiction of cities and towns to traffic offenses within one mile beyond their corporate limits. Currently, the one mile rule applies to only criminal offenses.
Patron - Obenshain

F SB360

Mentally ill defendants; technical changes. Provides that a defendant in a criminal matter may be hospitalized if so seriously mentally ill as to be unable to care for himself. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing and after sentencing. This bill was incorporated into SB 310.
Patron - Edwards

F SB469

Constitutional challenges. Provides that the district court shall remove a case to circuit court if the defendant moves for dismissal on the basis that the statute is unconstitutional. The bill also allows a pretrial appeal by the Commonwealth if the circuit court dismisses a criminal warrant, information or indictment or charge on the ground that a statute is unconstitutional. The bill specifies that a nolle prosequi shall be entered upon motion of the Commonwealth and removes the provision that it is in the discretion of the court for good cause shown. This bill was incorporated into SB 298.
Patron - Norment

F SB572

Sentencing revocation reports. Requires the completion and use of sentencing revocation reports in cases involving violations of probation or community supervision in the same manner as sentencing guidelines are currently used by the courts.
Patron - Stolle

F SB573

Compensation of court-appointed counsel. Removes the monetary caps on court-appointed counsel fees and instead allows the court to set an hourly rate based on the type of case.
Patron - Stolle

F SB639

Forensic evaluations. Provides for an increase in the fee cap received by mental health experts who have been appointed by the court to render professional service from $400 to $750.
Patron - Puller

F SB674

Criminal records; disclosure of expunged records. Eliminates the opportunity by the attorney for the Commonwealth to gain access to criminal records expunged by a court.
Patron - Puckett

F SB694

Civil commitment of sexually violent predators. Adds to the list of offenses that qualify as sexually violent offenses: abduction with intent to defile, abduction of a child under 16 years of age for the purpose of prostitution, and carnal knowledge of a child between 13 and 15 years of age. 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. The bill also adds abduction with intent to extort money or for immoral purposes to the felonies for which a presentence report is required. The Commitment Review Committee and Attorney General, for the purpose of sexually violent predator civil commitments, are added as persons having a legitimate interest in child protective services records. This bill was incorporated into SB 559.
Patron - Cuccinelli

Carried Over

C HB176

Criminal procedure; compensation of court-appointed counsel. Authorizes the court, in cases where court-appointed counsel represents a defendant on a felony charge that may be punishable for a period of more than 20 years, to provide additional compensation of up to $850 for such counsel when the time and effort expended, the result obtained, the novelty and difficulty of the issues, or other circumstances warrant such additional compensation.
Patron - Putney

C HB616

Sentencing proceeding. Clarifies that victim impact testimony is to be admitted during a jury sentencing hearing at the same time that prior convictions are admitted.
Patron - O'Bannon

C HB1567

Special conservators of the peace; jurisdiction. Allows a special conservator of the peace to operate outside of the jurisdiction of his appointment if the sheriff, chief of police, or corporation that made the application for appointment notifies the new jurisdiction in which the conservator needs to operate and the Department of Criminal Justice Services, via registered mail. The terms and conditions of the conservator's appointment shall apply in the new jurisdiction.
Patron - Lingamfelter

C HB1587

National criminal background checks. Requires businesses and organizations to conduct national criminal background checks on employees and volunteers providing care to children, the elderly and disabled.
Patron - Hurt

C SB35

Not guilty by reason of insanity. Requires that before a hospitalized acquittee may be granted a temporary (no more than 48 hours) visit from the hospital there be court approval that the visit would be therapeutic and would not pose a danger to others. Under current law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services may authorize such a visit if the acquittee is not a substantial danger to others.
Patron - Reynolds

C SB154

Chain of custody form. Provides that a chain of custody form attested to by the employee of a law-enforcement agency responsible for the custody of physical evidence is prima facie evidence of the chain of custody.
Patron - Norment

C SB209

Destruction of criminal exhibits. Provides that the trial court may not order the destruction or donation of exhibits used in evidence without prior notice to the counsel for the parties and until expiration of five years from the date the judgment of the court became final.
Patron - Edwards

C SB239

Payment of fine, costs, forfeitures, penalties or restitution. Requires the court to review, if requested by the defendant, the defendant's deferred or installment payment schedule for fines and costs, to ensure that such payments are consistent with his ability to pay.
Patron - Ticer

C SB286

Certification of laboratories that perform DNA analyses. Provides that all DNA analyses offered as criminal evidence shall have been performed by laboratories certified to perform such analyses.
Patron - Lucas

C SB310

Mentally ill defendants; technical changes. Provides that a defendant in a criminal matter may be hospitalized if so seriously mentally ill as to be unable to care for himself. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing and after sentencing.
Patron - Cuccinelli

C SB384

Procedures in forfeiture cases. Provides that discovery in drug forfeiture proceedings shall be had according to the criminal rules of discovery, that a jury shall consist of five people, and that the Commonwealth may take a nonsuit. Currently, none of these procedures is addressed in the forfeiture law.
Patron - McDougle

C SB577

Warrantless searches of the person, vehicle and residence of a probationer. Provides that a law-enforcement officer may search without a warrant a person who has been placed on probation by a judge in a felony case against him, and that the law-enforcement officer may enter and search, without a warrant, any residence of and any vehicle owned or operated by such probationer. The provision would only apply when the probationer waived his right to be secure from, and agreed to submit to, such warrantless searches as a condition of his probation.
Patron - McDougle

C SB604

Criminal background checks; fingerprinting. Provides that programs of religious instruction may obtain full, fingerprint-based criminal background checks for prospective employees.
Patron - Puller

C SB611

Therapeutic incarceration; creation of incarceration program for defendants who are substance abusers. Creates a Therapeutic Incarceration Program to which the court can confine a defendant sentenced for three or more years who needs substance abuse treatment. The program will be at least 18 months in duration, and upon successful completion of the program the court shall order supervised probation. The bill provides for withdrawal from and re-entry into the program. The Department of Corrections is required to evaluate the program after one year of operation.
Patron - Puckett

C SB619

Restitution. Provides for the Commonwealth to be responsible for seeking restitution for the victim. The bill creates a system under which the clerk of court is responsible for collecting, tracking, and distributing restitution payments. This responsibility can also be designated to local bonding agencies as desired. Additionally, the bill states that any collection fees for delinquent restitution payments are to be paid by the defendant. Any restitution installment plan payments more than 90 days in default are to be voided and sent to collection; however, the defendant does retain the option of entering into a new payment plan.
Patron - Deeds

C SB679

Physical castration as an alternative to indeterminate civil commitment of a violent sexual predator. Provides that in the case of a prisoner who has been determined to be a sexually violent predator, when the only alternative is involuntary secure inpatient treatment, the court may, on petition of the prisoner, order, as an alternative to involuntary secure inpatient treatment, that the prisoner (i) undergo physical castration and (ii) be placed on conditional release, in a manner and in accordance with terms and conditions developed by the Commissioner and the Department of Corrections.
Patron - Hanger

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