General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Crimes and Offenses Generally


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Crimes and Offenses Generally

Passed

P HB 1652

Smoking in proximity to hospital oxygen source; penalty. Provides that any person who smokes or uses an open flame within 25 feet of an oxygen source in a health care facility when the area is posted as an area where smoking and open flame are prohibited is guilty of a Class 2 misdemeanor.
Patron - Armstrong

P HB 1777

Concealment of dead body; penalty. Provides that any person who transports, secretes, conceals, or alters a dead body with malicious intent and to prevent detection of an unlawful act, the death, or the manner or cause of death is guilty of a Class 6 felony.
Patron - Cosgrove

P HB 1785

Devices for puncturing motor vehicle tires. Provides that law-enforcement officers lawfully engaged in the discharge of their duties are not subject to the Class 1 misdemeanor for possessing or utilizing devices designed to puncture motor vehicle tires.
Patron - Cosgrove

P HB 1795

Identity theft; clarification of fictitious person. Amends identify theft statute to correct a possible reference to a false or fictitious person as a person who may be dead or alive.
Patron - Griffith

P HB 1890

Third offense driving on a suspended license; penalty. Clarifies that a conviction of a third offense in 10 years of driving on a license that has been suspended, revoked, or restricted because of a DUI-related offense is a Class 6 felony when such offenses are committed within the 10-year period. Current law could be interpreted to punish on the basis of the dates of convictions rather than dates the offenses were committed.
Patron - Albo

P HB 1921

Extortion by withholding immigration document. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document or other government identification document and thereby extorts money, property, or pecuniary benefit is guilty of a Class 5 felony.
Patron - Griffith

P HB 1988

Carrying concealed weapons; deployed state troopers. Allows an officer of the Virginia State Police to carry a concealed weapon while called to active duty with the reserve forces of the United States military. Such officers would be issued written proof of consultation and favorable review of the need to carry a concealed handgun that would serve as a concealed handgun permit while the officer is on active duty. The issuance of the proof of consultation and favorable review shall be entered into the Virginia Criminal Information Network. The system is modeled on the process used to allow retired law-enforcement officers to carry concealed weapons without a concealed handgun permit.
Patron - Cox

P HB 1998

Charitable gaming; definition of instant bingo, pull tabs, and seal cards. Clarifies that Department-approved electronic instant bingo, pull tabs, and seal cards may be used in the conduct of charitable gaming. The bill also requires manufacturers or suppliers of electronic games of chance to have a permit by the Department of Charitable Gaming.
Patron - Suit

P HB 2055

Trespassing on public transportation; penalty. Provides that any person who enters or remains upon or within a vehicle operated by a public transportation service without the permission of, or after having been forbidden to do so by, the owner, lessee, or authorized operator thereof is guilty of a Class 4 misdemeanor.
Patron - McQuigg

P HB 2068

Sexual abuse; penalty. Provides that it is a Class 1 misdemeanor for an adult to, with lascivious intent, commit sexual abuse against a child 13 years of age or older but under 15 years of age. A person convicted of this offense will have to register with the Sex Offender and Crimes Against Minors Registry.
Patron - Cosgrove

P HB 2106

Concealed handgun permits; fingerprinting. Clarifies that a locality may only require a concealed handgun permit applicant to submit fingerprints when applying for a new permit, but shall not require an existing permit holder to submit fingerprints when renewing a permit.
Patron - Carrico

P HB 2126

Repeal of punishments for misuse of telephone party lines. Repeals punishments for misuse of telephone party lines.
Patron - Hugo

P HB 2266

Limits on driving on a restricted permit. Provides that a person whose license to operate a motor vehicle has been suspended or revoked may be issued a restricted permit to drive for the purpose of providing medically necessary transportation of any person residing in the person's household with a serious medical problem upon written verification of need by a licensed health professional. Currently, the restriction is narrower, only allowing such person to drive an elderly parent for a medical necessity and to drive minor children to medical care facilities.
Patron - Ebbin

P HB 2332

Crimes; obstruction of justice; penalty. Provides that if any person by threats of bodily harm or force knowingly attempts to intimidate or impede an attorney for the Commonwealth lawfully engaged in his duties as such, he is guilty of a Class 5 felony.
Patron - Gilbert

P HB 2344

Sex offenses prohibiting entry onto school property; penalty. Provides that an adult who has been convicted of a sexually violent offense is guilty of a Class 6 felony if he enters or is present, during school hours, any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, unless he (i) is lawfully voting; (ii) is a student enrolled at the school; or (iii) has received a court order allowing him to enter upon such property. The bill provides that such an adult may petition the juvenile and domestic relations district court or circuit court in the county or city where the school or child day center is located for permission to enter such property. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to restrictions the court deems appropriate.
Patron - Bell

P HB 2347

Capital murder of a witness in a criminal case; penalty. Provides that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case is punishable as capital murder, a Class 1 felony. Identical provisions are contained in SB 1116.
Patron - Gilbert

P HB 2348

Redefinition of the triggerman rule. Redefines the "triggerman rule," which currently 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 be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. This bill is identical to SB 1288.
Patron - Gilbert

P HB 2353

Computer trespass; spyware; penalty. Adds keyboard loggers and bots and zombies to the list of computer trespass crimes. The bill makes it a Class 6 felony for a person to maliciously install or cause to be installed, or collect information through, software capable of recording all or a majority of the keystrokes on the computer of another without authorization. The bill also makes it a crime to maliciously install or cause to be installed on the computer of another, computer software that takes control of that computer so that it can cause damage to another computer or disable or disrupt the ability of the computer to share or transmit instructions or data to other computers or related computer equipment or devices. The bill adds a Class 6 felony if a person, in violation of computer trespass laws, installs software on more than five computers of another, or installs software which records keystroke information regardless of the number of computers involved.
Patron - Cosgrove

P HB 2365

Larceny of a dog collar; penalty. Provides that any person who removes from a dog an electronic or radio transmitting collar without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog, is guilty of a Class 1 misdemeanor. This bill also provides that upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues. This bill is identical to SB 1180.
Patron - Scott, E.T.

P HB 2389

Charitable gaming; use of pull tabs and seal cards. Clarifies that last sales games involving the sale of pull tabs or seal cards are permitted by organizations so long as they are played only on the premises owned or exclusively leased by the organization and at such times as the portion of the premises is open only to members and their guests.
Patron - Ingram

P HB 2413

Concealed handgun permits; retired law-enforcement officers. Provides that a retired law-enforcement officer who has been issued proof of consultation and review to carry a concealed handgun shall have the opportunity to annually participate, at the retired officer's expense, in the same firearms training required for active duty law-enforcement officers in the Commonwealth to carry a concealed handgun. The federal Law Enforcement Officers Safety Act requires that, in order to carry a concealed handgun pursuant to the Act, a retired law-enforcement officer be found by the state to meet the law-enforcement training standards established by the state. If a retired law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue to the retired officer a certification, valid for one year, indicating that he has meet the standards to carry a firearm.
Patron - Athey

P HB 2429

Gangs and terrorism; penalty. Provides that any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to participate, generally, in an act or acts of terrorism is guilty of a Class 4 felony. The bill also allows the Attorney General, with the concurrence of the local attorney for the Commonwealth, to assist in the prosecution of certain gang and terrorism crimes when committed on the grounds of a state correctional facility.
Patron - Albo

P HB 2459

Abuse or neglect of incapacitated adult; penalty. Provides that when an incapacitated adult dies as a result of abuse or neglect by a person responsible for the adult's care, the responsible person is guilty of a Class 3 felony. This bill is identical to SB 1025.
Patron - Cline

P HB 2524

Criminal gang member status; predicate crimes. Adds "felony involving the use of a firearm or other weapon" to the list of crimes that qualify as predicate criminal acts necessary for criminal gang member status, which results in enhanced penalties for certain other crimes.
Patron - Iaquinto

P HB 2531

Retrieving hunting dogs; identification. Provides that a hunter who goes on prohibited lands to retrieve his hunting dogs and willfully refuses to identify himself when requested to do so by the landowner is guilty of a Class 4 misdemeanor. This bill is identical to SB 884.
Patron - Landes

P HB 2570

Crime victim's right to nondisclosure of certain information. Provides that no appellate decision shall contain the first or last name of the victim of a crime involving any sexual assault or sexual abuse upon the request of the victim to the Court of Appeals of Virginia or the Supreme Court of Virginia.
Patron - Shannon

P HB 2591

Second or subsequent violent sex offense; penalty. Provides that the notice that the Commonwealth is required to give to the defendant that it will seek punishment available under the "two-time loser" sex offender statute shall be given in the indictment, information or warrant.
Patron - Janis

P HB 2653

Illegal conveyance of firearms; penalty. Makes it a Class 6 felony for any person, except for a law-enforcement officer in the performance of his official duties or other person under the direct supervision of the law-enforcement officer, to attempt to solicit or otherwise entice a firearms dealer to transfer or otherwise convey a firearm other than to an actual buyer. A person who willfully and intentionally aids or abets a person violating this provision is likewise guilty of a Class 6 felony. The bill adds a definition of actual buyer as the person who executes the required consent form provided by the Department of State Police or other firearm transaction record required by federal law.
Patron - Lingamfelter

P HB 2749

Sex offender registration; child pornography; penalties. Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within 30 minutes of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age. The bill establishes enhanced penalties for the production, distribution, solicitation, participation, financing, or photographing of child pornography. The bill also clarifies that, for purposes of punishing production, child pornography means sexually explicit visual material that uses an identifiable minor, and that for purposes of punishing possession or reproduction, a person depicted by text or title or who appears to be less than 18 years of age in sexually explicit material is inferred to be less than 18 years of age. The bill repeals § 18.2-374.1:2 but inserts similar language in § 18.2-374.1:1 relating to facilitating payment for or access to child pornography. This bill is identical to SB 1071.
Patron - Hurt

P HB 2750

Capital murder of a judge; penalty. Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties is punishable as capital murder, a Class 1 felony. SB 1116 contains identical provisions.
Patron - Hurt

P HB 2772

False statements to obtain property or credit; fraudulent credit card application; penalty. Raises penalty for making a false statement to obtain credit from a Class 2 to a Class 1 misdemeanor. Characterizes the crime of fraudulently obtaining less than $200 worth of goods, services, etc. as petit larceny rather than a Class 1 misdemeanor. (Obtaining $200 or more is already described as grand larceny.) Defines a written false statement to include information transmitted by computer, facsimile, e-mail, Internet, or any other electronic medium, other than by voice transmission through any such medium.
Patron - Hurt

P HB 2776

Sex offender treatment; residential areas. Provides that no individual shall knowingly provide sex offender treatment services to a convicted sex offender in an office or facility located in a residentially zoned subdivision.
Patron - Athey

P HB 2853

Stun weapons; definition. Eliminates references to "tasers" throughout the Code of Virginia, and amends the definition of a "stun weapon" to mean any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature, and which is designed to temporarily incapacitate a person. Previously, the Code of Virginia differentiated between this type of mechanism and a taser, which was defined as emitting a shock through the use of a projectile.
Patron - Moran

P HB 2890

Offenses committed within a juvenile facility. Amends statute that makes certain actions criminal if committed by a prisoner in a state, local or community correctional facility applicable to persons detained in a secure juvenile facility or detention home to provide that an offense added in 2006 (willfully tampering with, damaging, destroying, or disabling any fire protection or fire suppression system, equipment, or sprinklers within the facility) will apply to persons confined in juvenile facilities.
Patron - Phillips

P HB 2947

How the crime of obstructing justice is charged. Clarifies that when a person is charged with the misdemeanor offense of obstructing justice (general crimes), such charge is independent of the felony charge (the felony offense is reserved for a specific list of crimes).
Patron - Wittman

P HB 2968

Venue in child pornography cases. Provides that venue for a prosecution of production of child pornography may lie in the jurisdiction where the unlawful act occurs or where any sexually explicit visual material associated with such a violation is produced, reproduced, found, stored, or possessed.
Patron - Bell

P HB 2978

Maiming resulting from operating a watercraft while intoxicated; penalty. Makes it a Class 6 felony to operate a watercraft while intoxicated in violation of § 29.1-738 or any local ordinance substantially similar in a manner so gross, wanton, and culpable as to show reckless disregard for human life, and to unintentionally cause the serious bodily injury of another person resulting in permanent and significant physical impairment. The bill also adds statutes dealing with boating while intoxicated to the statute that allows written reports of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room to be admissible in evidence as a business records exception to the hearsay rule in prosecutions for DUI. This bill is identical to SB 1130.
Patron - Bell

P HB 3023

Use of synthetic urine to defeat a drug or alcohol test. Provides that the Commissioner of the Department of Motor Vehicles shall disqualify for a period of one year any commercial driver's license holder who has been convicted of a violation of § 18.2-251.4 (falsifying urine tests).
Patron - Fralin

P HB 3078

Charitable gaming; regulation of bingo callers; exceptions. Provides that bingo callers for volunteer fire departments and rescue squads and auxiliary units thereof are exempt from registering with the Department in order to receive remuneration as a bingo caller.
Patron - Abbitt

P HB 3085

Admission of evidence; taking indecent liberties. Expands the scope of the rape shield statute to include prosecutions for taking indecent liberties with children under § 18.2-370, 18.2-370.01, or 18.2-370.1. Currently, the statute only applies to prosecutions of criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. This bill also adds § 18.2-370.01 (taking indecent liberties with a child under the age of 14 by a child over the age of 13 and under the age of 18 where the accused is five or more years older than the victim) to the list of offenses where the court may, on its own motion or at the request of the Commonwealth, the complaining witness, the accused or their counsel, exclude all persons from the courtroom during preliminary hearings except officers of the court and certain other persons whose presence the court finds is necessary and will not impair the conduct of a fair hearing.
Patron - Shannon

P HB 3098

Ignition interlock and loss of restricted license. Provides that a DUI ignition interlock installation shall be for six consecutive months as opposed to the current "six months" provided that the defendant has no alcohol-related violations of the interlock requirements. The bill also reduces the driver's blood alcohol content from 0.025 to 0.02 for triggering the ignition interlock to be consistent with previous changes to the Code of Virginia.
Patron - Iaquinto

P HB 3140

Charitable gaming; bingo callers. Eliminates membership in a qualified organization in order to be registered with the Charitable Gaming Department as a bingo caller.
Patron - Reid

P SB 769

Department of Charitable Gaming; reports of gross receipts and disbursements. Provides for each qualified organization to file at least annually a report of all receipts and disbursements from its charitable gaming operation. The bill also authorizes the Board for Charitable Gaming to require a qualified organization whose net receipts exceed a specified amount during any three-month period to file a report of its receipts and disbursements for such period. Currently the qualified organizations are required to file the report for each calendar quarter. The bill also authorizes a qualified organization to designate or compensate an outside individual or group to file the annual report.
Patron - Potts

P SB 815

Extortion with certain documents; penalties. Provides that any person who destroys, removes, confiscates, or possesses any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony. SB 1057 and SB 1227 are incorporated into this bill.
Patron - Cuccinelli

P SB 842

Department of Charitable Gaming; gross receipts; "winner-take-all" games. Provides that the proceeds from any bingo game commonly referred to as "winner-take-all" games shall not be included in determining the gross receipts for a qualified organization.
Patron - Colgan

P SB 884

Retrieving hunting dogs. Requires hunters retrieving their hunting dogs from a landowner's property to identify themselves when requested by the landowner. A hunter who refuses to identify himself is guilty of a Class 4 misdemeanor. This bill is identical to HB 2531.
Patron - Deeds

P SB 886

Limits on driving on a restricted permit. Provides that a person whose license to operate a motor vehicle has been suspended or revoked may be issued a restricted permit to drive for the purpose of providing medically necessary transportation of any person residing in the person's household with a serious medical problem, as designated by the court, upon written verification of need by a licensed health professional. Currently, the restriction is narrower, only allowing such person to drive an elderly parent for a medical necessity and to drive minor children to medical care facilities.
Patron - Deeds

P SB 927

Sex offenses prohibiting entry onto school property; penalty. Provides that an adult who has been convicted of a sexually violent offense is guilty of a Class 6 felony if he enters or is present, during school hours, any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, unless he (i) is lawfully voting; (ii) is a student enrolled at the school; or (iii) has received a court order allowing him to enter upon such property. The bill provides that such an adult may petition the juvenile and domestic relations district court or circuit court in the county or city where the school or child day center is located for permission to enter such property. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to restrictions the court deems appropriate.
Patron - Norment

P SB 1025

Abuse and neglect of incapacitated adults; penalties. Provides that where an incapacitated adult dies as a result of abuse or neglect by a person who is responsible for the care, custody, or control of the incapacitated adult, that person is guilty of a Class 3 felony punishable by imprisonment of not less than five nor more than 20 years and a fine of not more than $100,000. This bill is identical to HB 2459.
Patron - O'Brien

P SB 1071

Sex offender registration; child pornography; penalties. Requires a sex offender to include in the registration information any electronic mail address and any instant messaging screen name that he uses or will use. A sex offender must register any changes in email addresses, instant message, or other identity information within 30 minutes of such information changing. The bill defines child pornography as sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age. The bill establishes enhanced penalties for the production, distribution, solicitation, participation, financing, or photographing of child pornography. The bill also clarifies that, for purposes of punishing production, child pornography means sexually explicit visual material that uses an identifiable minor, and that for purposes of punishing possession or reproduction, a person depicted by text or title or who appears to be less than 18 years of age in sexually explicit material is inferred to be less than 18 years of age. The bill repeals § 18.2-374.1:2 but inserts similar language in § 18.2-374.1:1 relating to facilitating payment for or access to child pornography. This bill is identical to HB 2749.
Patron - McDougle

P SB 1116

Capital murder of a judge or witness. Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with the judge's official duties is punishable as capital murder, a Class 1 felony, and that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case is punishable as capital murder, a Class 1 felony. HB 2750 and HB 2347 contain identical provisions.
Patron - Rerras

P SB 1130

Crimes; maiming of another resulting from operating a watercraft while intoxicated; penalty. Makes it a Class 6 felony to operate a watercraft while intoxicated in violation of § 29.1-738 or any local ordinance substantially similar in a manner so gross, wanton, and culpable as to show reckless disregard for human life, and to unintentionally cause the serious bodily injury of another person resulting in permanent and significant physical impairment. The bill also adds statutes dealing with boating while intoxicated to the statute that allows written reports of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room to be admissible in evidence as a business records exception to the hearsay rule in prosecutions for DUI. This bill is identical to HB 2978.
Patron - Norment

P SB 1154

Department of Charitable Gaming; definitions; athletic associations and band booster clubs. Authorizes an athletic association or athletic booster club, or a band booster club to sell instant bingo, pull tabs, or seal cards as a part of its annual fund-raising event provided that the sale is limited to a single event in a calendar year and the event is open to the public.
Patron - Potts

P SB 1179

Charitable Gaming Department; prohibited practices; bingo jackpot; "winner-take-all" games. Requires organizations to sell and separately account for bingo jackpot games. The bill also authorizes up to two "winner-take-all" games in any given bingo session.
Patron - Stolle

P SB 1180

Larceny of a dog collar; penalty. Provides that any person who removes from a dog an electronic or radio transmitting collar without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog, is guilty of a Class 1 misdemeanor. This bill also provides that upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues. This bill is identical to HB 2365.
Patron - Stolle

P SB 1288

Redefinition of the triggerman rule. Redefines the "triggerman rule," which currently 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 be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. This bill is identical to HB 2348.
Patron - Obenshain

Failed

F HB 1626

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. This bill incorporates HB 2458.
Patron - Janis

F HB 1631

Killing a fetus; penalty. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class 2 felony, and that any person who commits such an act without premeditation is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years. Currently the act of unlawfully killing a fetus as described in this statute is a crime only if the fetus is the fetus "of another."
Patron - Jones, S.C.

F HB 1661

Adultery; definition. Expands the definition of adultery to mean any person, being married, who carnally knows another person not his spouse. Currently, the definition of adultery is limited to sexual intercourse only. This bill also clarifies that a person may be guilty of adultery regardless of the gender of the person with whom he engages in such conduct.
Patron - Marshall, R.G.

F HB 1665

Forced or coerced abortion prohibited; penalty. Provides that any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. However, if such a violation is committed by the father or putative father of the unborn child when the pregnant female is less than 18 years of age, and the father or putative father is 18 years of age or older, the father or putative father is guilty of a Class 6 felony.
Patron - Marshall, R.G.

F HB 1677

Motor vehicles; eluding police officer. Adds an intermediate Class 1 misdemeanor penalty for anyone who disregards a signal from any law-enforcement officer to bring his motor vehicle to a stop or drives such motor vehicle in an attempt to elude or escape from a law-enforcement officer.
Patron - Peace

F HB 1680

Unavailability of deferred proceedings in domestic assault cases for previously convicted felons. Provides that a person previously convicted of a felony offense against a person is not eligible for deferred proceedings in a domestic assault case unless the felony was committed more than 10 years prior to such consideration. Current law prohibits any consideration if a person has been convicted of an assault and battery type offense.
Patron - Cosgrove

F HB 1698

Indecent liberties with children. Expands the current crime of taking indecent liberties with children to include situations where the perpetrator proposes that the child engage in self arousal of a sexual nature.
Patron - Lingamfelter

F HB 1728

Sale or purchase of novelty cigarette lighters; civil penalty. Provides that any person who sells to, distributes to, purchases for or knowingly permits the purchase by any person less than 18 years of age, knowing or having reason to believe that such person is less than 18 years of age, any cigarette lighter that is not readily identifiable as such, is punishable by a civil penalty of no more than $100 and that any person less than 18 years of age who attempts to purchase a cigarette lighter that is not readily identifiable as such is likewise punishable by a civil penalty of no more than $100.
Patron - Lohr

F HB 1739

Second offense of assault and battery against a family or household member; penalty. Provides that the penalty for any person who commits a second offense of assault and battery against a family or household member within five years following a conviction of a prior such offense shall include a 30-day mandatory minimum term of incarceration and adds a six-month mandatory minimum sentence to the Class 6 felony for a third offense in 20 years. Assault and battery against a family or household member is a Class 1 misdemeanor.
Patron - Fralin

F HB 1759

Penalty for carnal knowledge of certain minors. Raises the penalty for carnal knowledge of a minor who is confined or detained or committed to the custody of the Department of Juvenile Justice from a Class 6 to a Class 4 felony.
Patron - Kilgore

F HB 1774

Disorderly house; penalty. Provides that it is unlawful for any person to keep, maintain or operate or to visit a disorderly house. The bill allows the governing bodies of counties, cities, and towns to adopt ordinances prohibiting and punishing such conduct. A violation of this law is punishable as a Class 1 misdemeanor. "Disorderly house" is defined to mean a house or building where persons meet or may meet for the purpose of unlawfully dispensing or indulging in intoxicating liquors, unlawful gaming, or boisterous or other disorderly conduct.
Patron - Cosgrove

F HB 1775

Gang membership "predicate acts" listing. Adds § 18.2-154 (shooting at a vehicle) and § 18.2-279 (shooting at an occupied building or dwelling) to the list of "predicate acts" for determination of criminal street gang member status.
Patron - Cosgrove

F HB 1794

Penalty for object penetration. Provides that the penalty for object penetration when the victim is less than 10 years of age shall include a mandatory term of confinement of 25 years.
Patron - Griffith

F HB 1802

Crimes; impersonating an officer. Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for falsely assuming or exercising the functions, powers, duties, and privileges of a law-enforcement officer.
Patron - Cosgrove

F HB 1827

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. This bill was incorporated into HB 1921.
Patron - Suit

F HB 1841

Penalty for statutory rape. Provides that the penalty for statutory rape (victim under the age of 13) shall include a mandatory minimum term of confinement of five years.
Patron - Kilgore

F HB 1857

Possession of marijuana on school grounds. Punishes the possession of marijuana on school grounds or on a school bus as a Class 1 misdemeanor. Currently the offense generally is punishable by a $500 fine and 30 days in jail.
Patron - Wittman

F HB 1861

Battery upon a school employee. Provides that any person who commits battery against another knowing or having reason to know that such other person is an employee of a public or private elementary or secondary school and is engaged in the performance of his duties as such, is guilty of a Class 1 misdemeanor, and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. Currently, the enhanced punishment only applies to a full-time or part-time teacher, principal, assistant principal, or guidance counselor.
Patron - Wittman

F HB 1863

Battery upon a school bus driver; penalty. Provides that if any person commits a battery against another knowing or having reason to know that such other person is a school bus driver engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor with a mandatory minimum term of confinement of two days. This provision currently limits victims of the offense to a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school.
Patron - Wittman

F HB 1864

Subsequent offenses of stalking; penalty. Provides that a second stalking conviction occurring within five years (a Class 1 misdemeanor) is punishable by a mandatory minimum sentence of 30 days and that a third offense in five years or an offense during the pendency of a protective order is a Class 6 felony with a mandatory minimum sentence of 90 days.
Patron - Wittman

F HB 1866

Firearms on school property; pneumatic weapons; penalty. Makes it a Class 6 felony to possess a firearm that expels a projectile by action of pneumatic pressure on school property, subject to certain exemptions.
Patron - Wittman

F HB 1892

Voluntary revocation of restricted driver's license. Provides that if a convicted person is in compliance with the terms and restrictions of his restricted permit (issued pursuant to a DUI conviction) and no longer chooses to drive under a restricted permit, he may petition the court for revocation. Upon such petition, the court shall forthwith revoke a person's restricted permit.
Patron - Albo

F HB 1896

Punishment for defacing or destroying any war memorial. Provides that punishment for any person who defaces or destroys any war memorial at the direction of, for the benefit of, or in clear association with any criminal street gang, as defined in § 18.2-46.1, shall include a mandatory minimum term of incarceration of 10 days.
Patron - Albo

F HB 1918

Federal illegal alien status unlawful in Virginia; penalty. Provides that any alien who is present in the United States illegally, as verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor. This bill was incorporated into HB 1970.
Patron - Cole

F HB 1924

Second and third offense of assault and battery against a family or household member; penalty. Provides that the punishment for any person who commits a second offense of assault and battery against a family or household member (a Class 1 misdemeanor) within five years following a conviction of a prior such offense shall include a 10-day mandatory minimum term of incarceration. The bill also provides that for a third offense within 20 years (a Class 6 felony) the punishment shall include a mandatory minimum term of incarceration of 90 days. This bill was incorporated into HB 1739.
Patron - Griffith

F HB 1960

Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2007.
Patron - Hargrove

F HB 1970

Federal illegal alien status unlawful in Virginia; penalty. Provides that any alien who is present in the United States illegally and is removable, as verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor, but the offense is not a primary offense.
Patron - Albo

F HB 2075

Assault and battery upon a law-enforcement officer to include ABC agents. Rewrites the definition of law-enforcement officer in the section punishing assault and battery to include special agents of the Department of Alcoholic Beverage Control.
Patron - Armstrong

F HB 2110

Exclusion of certain drugs from drug "first-offender" deferral and dismissal consideration. Excludes cocaine, heroin, and methamphetamine for consideration of deferred proceedings and dismissal under the drug "first offender" statute. This bill was incorporated into HB 2481.
Patron - Carrico

F HB 2124

Abortion illegal upon overturning of Roe v. Wade. Provides that if and when the United States Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) is overturned, allowing the states to by their laws once again regulate abortion, the law in the Commonwealth of Virginia rendering abortion a crime, as it was in effect on June 30, 1970, and prior to the decision in Roe v. Wade, shall be reinstated. The Attorney General shall publish legal notice statewide that, in his opinion, the decision is overturned and that Virginia's law is as it was prior to the decision in Roe v. Wade. The Attorney General shall publish statewide notice of the change in law, along with the reinstated law governing the criminal offense of abortion.
Patron - Marshall, R.G.

F HB 2125

Coerced abortions prohibited. Prohibits coerced abortions and provides a civil remedy on behalf of the female and the unborn child against the person who coerced it.
Patron - Marshall, R.G.

F HB 2140

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. The provisions of this bill, as they apply to governmental entities, become effective July 1, 2008.
Patron - Brink

F HB 2146

Unattended children in a motor vehicle. Provides that any driver or operator of a motor vehicle who leaves an unattended child in a motor vehicle is guilty of a Class 1 misdemeanor. The bill defines "unattended child" as a child under six years of age who has been left in a motor vehicle by the driver or operator of the vehicle when the driver or operator is unable to continuously observe the child, unless a person 12 years of age or older is physically present in the motor vehicle with the child.
Patron - Albo

F HB 2162

Those considered accessories after the fact. Provides that in the case of every felony, every accessory after the fact is guilty of a Class 1 misdemeanor. Currently certain blood relatives, etc., of the principal are not considered accessories. The proviso is also added that a violation of this section is a separate and distinct offense and is not a lesser-included offense of any other crime.
Patron - Wright

F HB 2175

Sex offenses prohibiting proximity to children; penalty. Adds publicly operated recreation centers and community center facilities serving children to those places where a person convicted of certain sexual offenses defined as "sex offenses prohibiting proximity to children" is prohibited from loitering within 100 feet of.
Patron - BaCote

F HB 2221

Birth control; definition. Adds a definition of birth control. Birth control means contraceptive methods that are approved by the U.S. Food and Drug Administration. Birth control shall not be considered abortion for the purposes of Title 18.2.
Patron - Amundson

F HB 2231

Carrying concealed handguns; State Police officers. Allows a State Police officer who leaves the Department of State Police in good standing, if such officer goes to a position in a criminal justice agency as a constitutional officer, to carry a concealed handgun with written proof of consultation and favorable review from the Department. This is the same standard that applies to retired law-enforcement officers in the Commonwealth.
Patron - Nutter

F HB 2235

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.
Patron - Nutter

F HB 2249

Restricted driving permits; allowable reasons. Allows a judge to issue a restricted permit to a person with a DUI offense for the purpose of driving to religious services.
Patron - Hogan

F HB 2253

Stalking; enhanced penalties. Provides that any person who commits a second or subsequent offense of stalking occurring within five years of a conviction of a prior offense is guilty of a Class 6 felony. Currently, the Class 6 felony applies for a third or subsequent offense. The bill also provides that any person who commits an offense of stalking when, at the time of the offense, there is in effect any court order prohibiting contact between the defendant and the victim or the victim's family or household member is guilty of a Class 6 felony. This bill was incorporated into HB 1864.
Patron - Waddell

F HB 2264

Extortion of immigrants; penalty. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony. This bill was incorporated into HB 1921.
Patron - Albo

F HB 2279

Child sex offenses. Merges two child sex offense sections into one. The bill also creates a number of new crimes labeled "indecent liberties against a child" with new victim age classifications and offender classifications.
Patron - Watts

F HB 2301

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 HB 2321

Larceny by computer; penalties. Provides that a person who uses a computer or computer network to (i) purchase or attempt to purchase property or services with a mode of payment he knows or has reason to know is false, fictitious, or is without the consent of the responsible payor, or (ii) sell or attempt to sell property he knows or has reason to know is stolen, has committed larceny by computer which is punishable as larceny.
Patron - Gilbert

F HB 2324

Manufacturing, selling, giving, distributing of methamphetamine; penalty. Provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill also provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1,000,000 and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
Patron - Gilbert

F HB 2329

Mandatory minimum jail time for third offense DUI. Provides that the sentence of any person convicted of three DUI offenses committed within a 10-year period shall include a mandatory minimum sentence of confinement of six months, as opposed to the current 90 days. The bill also provides that if the three offenses were committed within a five-year period, the sentence shall include a mandatory minimum sentence of confinement of one year, as opposed to the current six months.
Patron - Gilbert

F HB 2331

Crimes; assault and battery. Provides that if any person commits an assault or an assault and battery against an attorney for the Commonwealth, engaged in the performance of his public duties, knowing or having reason to know that such other person is an attorney for the Commonwealth, the offender will receive an enhanced penalty for such assault or assault and battery.
Patron - Gilbert

F HB 2336

Fraudulent use of birth certificates, etc.; penalty. Any person who fraudulently uses a birth certificate is guilty of a Class 6 felony. Currently, the crime is a Class 1 misdemeanor unless the birth certificate is used to buy a firearm, which is a Class 6 felony.
Patron - Gilbert

F HB 2337

Ingestion of drugs by pregnant woman as child abuse; penalty. Provides that any pregnant female who intentionally ingests a Schedule I or II controlled substance without a prescription or, if prescribed for her, in a manner inconsistent with the prescription is guilty of an act so gross, wanton and culpable as to show a reckless disregard for human life and is guilty of child abuse and neglect, a Class 6 felony. Presence in the pregnant female's bloodstream of an illegal Schedule I or II controlled substance or a legal Schedule I or II controlled substance in a quantity inconsistent with her prescription raises an inference that the substance was ingested intentionally.
Patron - Gilbert

F HB 2404

Sex offenses prohibiting residing in proximity to children; penalty. Prohibits an adult who is convicted of an offense requiring registration where the victim was a minor from residing within 1000 feet of the premises of a child day center, a public, private, parochial, primary, secondary, or high school. A violation of this section is a Class 6 felony; however, this section shall not apply where the facility is established subsequent to the person's conviction.
Patron - Athey

F HB 2405

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 HB 2406

Possession of concealed weapons. 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.
Patron - Athey

F HB 2454

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

F HB 2455

Use of profane, threatening, or indecent language via computer with intent to harass, etc.; penalty. Adds computer to the prohibition against using communication devices to threaten or harass others. The term "computer" includes a computer device (e.g., Blackberry) under the Virginia Computer Crimes Act.
Patron - Cline

F HB 2456

Anesthesia for fetuses. Requires doctors to offer to anesthetize a fetus prior to abortion and to include in informational materials a statement that a fetus at 20 gestational weeks has the physical structures necessary to feel pain and react to physical stimuli in a manner that, in an infant or adult, would be interpreted as a response to pain.
Patron - Cline

F HB 2458

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. This bill was incorporated into HB 1626.
Patron - Cline

F HB 2481

Exclusion of certain drugs from drug "first-offender" deferral and dismissal consideration. Excludes cocaine, heroin, and methamphetamine for consideration of deferred proceedings and dismissal under the drug "first offender" statute.
Patron - Crockett-Stark

F HB 2488

Unlawful civilian surveillance. Provides that any person who engages in civilian surveillance without legal authority is guilty of a Class 1 misdemeanor. The bill defines civilian surveillance to mean either openly or clandestinely (i) intentionally aiming an unmanned still or video camera or recording device at the dwelling or the curtilage of the dwelling of another or (ii) intentionally photographing or video recording the dwelling or the curtilage of the dwelling of another when such photographing or video recording is for the purpose of intimidation or when the act reasonably results in the intimidation of another.
Patron - Bulova

F HB 2515

Crimes; disorderly conduct. Allows the Commonwealth in the prosecution of disorderly conduct to include as part of its case evidence of the utterance or display of words or conduct punishable elsewhere in Title 18.2.
Patron - Carrico

F HB 2526

Possession of certain controlled substances while possessing a firearm. Makes it a crime to knowingly possess a firearm while in the unlawful possession of a Class III, IV, V, or VI controlled substance or marijuana. A violation is a Class 1 misdemeanor and is a separate and distinct offense.
Patron - Iaquinto

F HB 2532

Unintentionally causing death of fetus punishable as involuntary manslaughter. Provides that any person who, while engaged in gross, wanton and culpable conduct that shows a reckless disregard for the life or safety of others, causes injury to another person who is pregnant, and that conduct is the cause of a miscarriage or stillbirth, is guilty of a Class 5 felony.
Patron - Landes

F HB 2535

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

F HB 2551

Human trafficking; penalties. Establishes the crime of and punishment for human trafficking, a Class 4 felony. Punishes human trafficking, when for the purposes of commercial sex acts or sexually explicit performance, as a Class 2 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 HB 2565

Computer fraud; penalty. Clarifies that computer fraud can occur if a person converts or copies the property of another without authorization.
Patron - Shannon

F HB 2573

Concealed handgun permits; fees. Adds retired credentialed intelligence agents of the armed forces of the United States or civilian agencies of the United States government to the list of retired individuals who do not have to pay the $50 fee for a concealed handgun permit.
Patron - Shannon

F HB 2575

Family assault and battery; deferred finding. Provides that a defendant who has waived his right to appeal cannot appeal the underlying offense in order to accept deferred findings of a family assault conviction.
Patron - Shannon

F HB 2578

Indecent liberties with children; penalties. Provides that it is a Class 5 felony if a person 18 years of age or older, with lascivious intent, knowingly and intentionally proposes that a child under the age of 15 years feels or fondles the child's own sexual or genital parts. Taking indecent liberties with a child by a person in a supervisory or custodial relationship is amended in the same way, but it applies to an unemancipated child under the age of 18 and is a Class 6 felony. This bill was incorporated into HB 1698.
Patron - Shannon

F HB 2586

Looting; penalty. Defines looting and sets punishment at a Class 1 misdemeanor for a first offense and a Class 6 felony for a second or subsequent offense.
Patron - Janis

F HB 2588

Certification of machine gun transfer and registration. Names the Superintendent of the Department of State Police as a chief law-enforcement officer for purposes of certifying applications for the transfer and registration of weapons subject to the National Firearms Act. Upon receipt of a request to certify an application, the Superintendent shall provide the certification within 15 days unless he has knowledge that the applicant is prohibited from receiving the weapon.
Patron - Janis

F HB 2593

Concealed weapons; judges may carry without a permit. Authorizes a judge of the Commonwealth to carry a concealed weapon without obtaining a permit wherever such judge may travel in the Commonwealth. Current law only authorizes a judge to carry a concealed handgun without a permit while in the discharge of his official duties or while in transit to and from such duties.
Patron - Janis

F HB 2596

Loss of driver's license for drug possession. Increases the period of driver's license suspension to a maximum of one year for possession of a controlled substance or marijuana. Currently, the suspension period is set at six months.
Patron - Rapp

F HB 2619

Computer Crimes Act; definitions. Defines "value" to include but not be limited to the costs of production, costs of acquisition, replacement costs, or the fair market value of any property lost, destroyed, stolen, or misappropriated by a violation of this Act.
Patron - Fralin

F HB 2622

Harboring illegal alien; penalty. Provides that any person who as a part of a commercial enterprise harbors, transports, or conceals an alien is guilty of a Class 6 felony if he knew that the alien was in the United States illegally.
Patron - Reid

F HB 2648

Producing abortion or miscarriage, etc.; penalty. Provides that any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or other thing or uses means, with intent to destroy her unborn child, or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony. The bill excepts medically approved contraceptives as a means of producing abortion or miscarriage. Current law does not with specificity include the pregnant female as a possible perpetrator.
Patron - Jones, S.C.

F HB 2652

Concealed weapons. Amends the provisions relating to carrying concealed weapons and concealed handgun permits by creating a new article, dealing specifically with the procedures and requirements to obtain a concealed handgun permit. The changes are organizational, and not substantive, in nature.
Patron - Lingamfelter

F HB 2711

Child unattended in a car; penalty. Provides that it is unlawful for any person who is responsible for a child younger than six years of age to leave such child unattended in a motor vehicle if the conditions within the vehicle or in the immediate vicinity of the vehicle, including outside temperature, present a risk to the health or safety of the child. The penalty for a first offense is a $100 civil penalty, for a second offense a Class 4 misdemeanor, and for a third or subsequent offense a Class 3 misdemeanor.
Patron - Barlow

F HB 2712

Prohibition against concealment of dead body; penalty. Provides that any person who transports, secretes, conceals, desecrates or alters a dead body with the intent to prevent detection of the death or the manner or cause of death is guilty of a Class 6 felony. This bill was incorporated into HB 1777.
Patron - Barlow

F HB 2713

Obstruction of justice. Any person who, in order to avoid investigation of himself for a crime, willfully fails to make a telephone call to or otherwise communicate with law enforcement or an emergency health care provider when he knows that a criminal act has occurred or that another person is in danger or has suffered severe bodily injury, is guilty of a Class 1 misdemeanor.
Patron - Barlow

F HB 2728

Domestic assault on minor; custody and visitation. Establishes a presumption against making an award of joint custody to or permitting unsupervised visitation by a party who has been convicted of an assault and battery on a child under § 18.2-57.2. Current law only requires that a court consider any history of family abuse in determining the best interests of a child in a custody or visitation case.
Patron - Englin

F HB 2736

Assault and battery against a family or household member; penalty. Provides that a deferral and dismissal of family assault and battery is considered a conviction for purposes of the enhanced penalty for multiple offenses.
Patron - Englin

F HB 2748

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 - Hall

F HB 2751

Possession of firearms by illegal aliens; prosecution. Allows a certified "Certificate of Nonexistence of Record" from the United States Department of Homeland Security to be admitted into evidence without proving the signature, authority, or seal of the executing individual.
Patron - Hurt

F HB 2756

Probation and suspended sentence violations; escape. Provides that a warrant or capias issued by a court for the arrest of a person for violating the terms of a suspended sentence or probation is considered an arrest warrant for a misdemeanor charge if the underlying charge is a misdemeanor and an arrest warrant for a felony if the underlying charge is a felony. The bill makes a similar provision for escape from custody, providing that a person in custody on a misdemeanor charge or after conviction of a misdemeanor who escapes is guilty of a Class 1 misdemeanor. In the case of a felony, the person who escapes is guilty of a Class 6 felony.
Patron - Hurt

F HB 2768

Possession of certain firearms by persons under the age of 18; parental consent. Qualifies that a person under the age of 18 may only possess a handgun or firearm at his home or at the home of his parent, grandparent, or legal guardian if the parent or legal guardian has given permission for the possession of the handgun or firearm.
Patron - Hurt

F HB 2769

Possession of pocket knives on school property. Amends the exception that allows a person to carry a pocket knife on school property so that it no longer applies to students or to persons not authorized to be on school property.
Patron - Hurt

F HB 2771

Charging the crime of larceny. Provides that any charge of larceny or an offense deemed to be larceny (e.g., embezzlement) may be charged under the larceny statute and need not be charged with absolute specificity (e.g., larceny of banknotes pursuant to § 18.2-98).
Patron - Hurt

F HB 2775

Aggravated larceny; penalty. Provides that any person who commits assault or assault and battery while in the commission of, or in furtherance of, a larceny not from the person of another is guilty of aggravated larceny.
Patron - Janis

F HB 2778

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 10 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 HB 2808

Requirement of ultrasound testing as part of informed consent for abortion. Requires that, as a component of informed consent to an abortion, every pregnant female shall be given the opportunity to view an ultrasound image of her unborn child prior to the abortion.
Patron - Byron

F HB 2811

Possession of firearms in residences of mentally ill persons. Requires the Department of State Police, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services to develop educational materials concerning the possession of firearms in homes occupied by a mentally ill person. Such materials shall be available on each Department's website. The Department of State Police shall also establish a program to allow for the storage of firearms by owners who reside in a home with a mentally ill person.
Patron - Sickles

F HB 2828

Enhanced penalty for stalking of a minor. Provides that if at the time of the offense of stalking, the victim is a minor and the offender is 10 or more years older than the victim, the sentence imposed shall include a mandatory minimum term of confinement of 60 days. The bill also provides that for a second or subsequent such conviction occurring within five years the penalty shall include a mandatory minimum term of confinement of six months.
Patron - Peace

F HB 2875

Penalty for driving while intoxicated; subsequent offense; penalty. Eliminates the requirement that a third or fourth conviction for the offense of driving while intoxicated must have been committed within a 10-year period of the prior offenses in order for the defendant to receive enhanced penalties.
Patron - McEachin

F HB 2900

Firearms; carrying at Capitol Square. Prohibits the possession of firearms on Capitol Square. Violation of the section is a Class 1 misdemeanor. There is an exception for law-enforcement officers and licensed security guards. For purposes of this section, "Capitol Square" means the grounds in that area of the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets, and the interior of the State Capitol, the General Assembly Building, and the Patrick Henry Building.
Patron - Spruill

F HB 2924

Extortion of immigrants; penalty. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony. This bill was incorporated into HB 1921.
Patron - Ebbin

F HB 2960

Hotel or restaurant services, etc.; larceny; penalty. Provides that failure to pay charges at a hotel, motel, campground, boardinghouse, restaurant, eating house, or amusement park for food, entertainment or accommodation is larceny, making the offense subject to the provision that a third larceny conviction, regardless of the amount, is a Class 6 felony. If the value of the service received is $200 or less, the penalty will remain a Class 1 misdemeanor; if it is $200 or more, the offense will be grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years or, in the discretion of the jury or of court trying the case without a jury, confinement in jail not exceeding 12 months or a fine not more than $2,500, either or both.
Patron - Bell

F HB 2964

Unlawful entry into a motor vehicle; penalties. Makes it a Class 1 misdemeanor for a person to enter or remain within a motor vehicle knowing that he does not have permission of an owner, a lessee, or an authorized operator. There are exceptions for law-enforcement officers, lien holders, and persons removing abandoned vehicles.
Patron - Bell

F HB 2971

Drug Treatment Court Act. Restricts the use of Drug Treatment Courts to cases involving possession of drugs or marijuana, and cases involving probation violations following conviction of drug or marijuana possession.
Patron - Bell

F HB 2973

Unsolicited bulk electronic messages; cell phone spam; penalty. Changes the scope of Virginia's spam law from electronic mail to electronic messages by defining electronic message as any text, image, or other communication transmitted to a computer. The bill also adds wireless communications devices to the type of devices defined as computers. The bill reduces the number of messages necessary for a person to meet the requirements of this section to 2,500 attempted recipients in any 24-hour period, 25,000 attempted recipients in any 30-day time period, or 250,000 attempted recipients in any one-year time period. Additionally a new provision would make sending unsolicited bulk electronic messages a Class 6 felony if a single recipient of an electronic message or multiple electronic messages incurs damages in excess of $250 during any one year time period.
Patron - Bell

F HB 2974

Post-arrest testing to determine drug or alcohol content of blood. Provides that if the arresting officer concludes that the person is physically unable to submit to a DUI breath test, a blood test shall be given. Currently, the blood test is given if the person is physically unable to take the breath test, without regard to the officer's conclusion.
Patron - Bell

F HB 2979

Use of communications systems to facilitate certain sex offenses involving children. Raises the penalty for use of a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of § 18.2-370 or § 18.2-374.1 (solicitation and certain sex offenses) from a Class 6 to a Class 5 felony.
Patron - Bell

F HB 2998

Possession of firearms by certain persons who have had parental rights terminated; penalty. Prohibits a person who has had his parental rights terminated based upon a finding of aggravated circumstances from purchasing, possessing, or transporting a firearm. The bill defines aggravated circumstances as torture, chronic or severe abuse, or chronic or severe sexual abuse of a child of the parent or a child with whom the parent resided at the time such conduct occurred. A violation of this section would be a Class 1 misdemeanor.
Patron - Scott, J.M.

F HB 3000

Possession of firearms following certain criminal convictions; penalty. Prohibits a person who has been convicted of a misdemeanor crime of domestic violence from possessing or transporting a firearm in the Commonwealth. Such persons are currently prohibited from purchasing firearms under federal law.
Patron - Scott, J.M.

F HB 3006

Investigation following conviction for criminal street gang activity. States that upon conviction for certain youth gang offenses, the probation and parole officer shall verify the offender's immigration status. Permits further investigation of the offender's household.
Patron - Marsden

F HB 3013

Firearms on school property; pneumatic weapons; penalty. Makes it a Class 1 misdemeanor to possess a firearm that expels a projectile by action of pneumatic pressure on school property, subject to certain exemptions
Patron - Wittman

F HB 3049

DUI conviction based on blood alcohol concentration after driving. Substitutes "at any time after driving" for "while driving" in the DUI statute to describe the point in time at which a concentration of 0 .08% alcohol in the bloodstream is sufficient for conviction.
Patron - Albo

F HB 3086

Admissibility of DUI breath test certificate. Provides that any individual conducting a DUI breath test shall issue a certificate that will indicate the name of the accused, the date and time the sample was taken from the accused, the sample's alcohol content, and the name of the person who examined the sample. No attestation is required, and the certificate comes into evidence. Currently, the certificate also contains the assertions that (i) the test was conducted in accordance with the Department's specifications, (ii) the equipment on which the breath test was conducted had been tested within the previous six months and found to be accurate, and (iii) prior to the administration of the test, the accused was advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test. Currently, the certificate must contain an attestation by the person who ran the test. The bill also provides that the accused in a DUI case may challenge the admissibility of the breath test certificate through proof that (i) the test was not conducted in accordance with the Department's specifications, (ii) the equipment on which the breath test was conducted had not been tested within the previous six months and found to be accurate, or (iii) prior to the administration of the test, the accused was not advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test.
Patron - Shannon

F HB 3108

Inquiries into the exercise of constitutional rights; civil penalty. Prohibits any person from inquiring of a minor or mentally incompetent person as to the exercise of constitutionally protected rights, such as the exercise of religion or the right to keep and bear arms, by the person's family or household for purposes of statistical development or to justify the provision of social services by a person not retained by the parent or legal guardian. A violation is subject to a civil penalty not to exceed $100. The section provides for certain exemptions from the prohibition.
Patron - Janis

F HB 3124

Employer responsibility to give notice when certain offenders work near children; penalty. Provides that every employer who (i) employs an employee who has been convicted of a felony offense occurring on or after July 1, 2007, where such felony offense requires registration pursuant to § 9.1-902, and (ii) has actual knowledge of such employee's conviction, shall give notice to any facility he knows or has reason to know is a school or child day center prior to sending the employee to any worksite that is within 100 feet of the school or child day center. A violation of this section is punishable as a Class 1 misdemeanor.
Patron - Caputo

F HB 3189

Assault or assault and battery upon a law-enforcement officer. Provides that upon the trial of any person charged with assault or assault and battery upon a law-enforcement officer, when the level of culpability is slight and the victim suffers no bodily injury, the court in its discretion may find the accused guilty of a Class 1 misdemeanor, punishment for which shall include a mandatory minimum term of incarceration of 30 days.
Patron - Melvin

F SB 814

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 email. 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

F SB 827

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. The bill also provides that any party who sells, transfers, or trades a firearm shall be immune from all civil liability stemming from the use of the firearm sold, transferred, or traded in the commission of a crime if a criminal background check was conducted prior to the sale, transfer, or trade.
Patron - Devolites Davis

F SB 833

Drunk in public. Provides that a third conviction of being intoxicated in public or profanely cursing in public is a Class 2 misdemeanor (confinement in jail for not more than six months or a fine of not more than $1000, either or both). First and second convictions will remain a Class 4 misdemeanor (a fine of not more than $250).
Patron - Devolites Davis

F SB 876

Crimes; gangs; definition of predicate criminal act. Allows a person to be charged for criminal street gang participation for the first offense of manufacturing, selling, giving, distributing or possessing a controlled substance or imitation controlled substance with the intent to manufacture, sell, give, or distribute the substance. Currently, a person can only be charged for criminal street gang participation for a second or subsequent violation of such crime.
Patron - McDougle

F SB 879

Methamphetamine precursors; electronic log. Requires that the log currently required to be maintained by sellers of products containing ephedrine, pseudoephedrine, or any of their salts or isomers or any salts of isomers must be kept in electronic format. The Board of Pharmacy is required to establish and maintain the log and ensure that the log is capable of checking compliance against all state, local and federal laws, including interfacing with other states to ensure comprehensive compliance.
Patron - Deeds

F SB 921

Murder committed in the presence of a minor; penalty. Provides that any person who commits murder, in violation of § 18.2-31, 18.2-32, or 18.2-32.1, in the presence of a minor is guilty of a separate and distinct offense punishable as a Class 4 felony.
Patron - Marsh

F SB 978

Methamphetamine precursors; electronic log. Requires that the log currently required to be maintained by sellers of products containing ephedrine, pseudoephedrine, or any of their salts or isomers or any salts of isomers must be kept in electronic format. The Board of Pharmacy is required to establish and maintain the log and ensure that the log is capable of checking compliance against all state, local and federal laws, including interfacing with other states to ensure comprehensive compliance.
Patron - Edwards

F SB 1007

Possession of weapons; law-enforcement facility. Provides that it is a Class 1 misdemeanor to possess or transport a weapon into any marked, secure area of a law-enforcement facility in the Commonwealth. A law-enforcement officer or administrator with authority over such facility may consent and authorize a person to bring a firearm into the facility if that officer or administrator is present and an officer accompanies the person with the firearm. Law-enforcement and court officers conducting their official duties are not subject to the prohibition.
Patron - Saslaw

F SB 1019

Fraudulent application for a credit card. Provides that any person who, for his own benefit and with intent to defraud, makes application in writing for a credit card in the name of another is guilty of a Class 1 misdemeanor.
Patron - Whipple

F SB 1027

Extortion of immigrants; penalty. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony. This bill was incorporated into SB 815.
Patron - O'Brien

F SB 1048

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 10 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 provides 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 - Lucas

F SB 1120

Trespass; knowledge that entry was forbidden. Provides that a person who goes or remains upon residential property or conspires to go or remain upon such property and who knows or reasonably should have known that any resident of such property suffered a substantial personal, physical, mental, or emotional loss, injury, or trauma within the week preceding the entry upon the property is guilty of trespass or conspiring to trespass, regardless of whether the lack of permission to enter the property was communicated to him. Under current law, a person is only guilty of trespass or conspiring to trespass if he has been forbidden, either orally, in writing, or by posted sign, from going onto or remaining on such property.
Patron - Cuccinelli

F SB 1222

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 to or death of the other person.
Patron - Puckett

F SB 1224

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. The provisions of this bill, as they apply to governmental entities, become effective July 1, 2008.
Patron - Howell

F SB 1227

Extortion of immigrants; penalty. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony. This bill was incorporated into SB 815.
Patron - Howell

F SB 1233

Assault and battery; federal employees. Adds United States government employees who qualify as conservators of the peace under Virginia law to the definition of law-enforcement officer in the assault and battery statute, so that the enhanced punishment will apply. The enhanced punishment is a Class 6 felony with a mandatory minimum term of six months versus a Class 1 misdemeanor.
Patron - Obenshain

F SB 1234

Manufacturing, selling, giving, distributing of methamphetamine; penalty. Provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill also provides that, notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1,000,000 and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence. The bill will not become effective unless funding is appropriated.
Patron - Obenshain

F SB 1247

Family assault and battery; deferred finding. Provides that a defendant who has received a deferred finding cannot appeal the underlying offense unless he withdraws his consent to the deferred finding within 10 days of the entry of the order and files a notice of appeal within 10 days of the order of conviction.
Patron - Herring

F SB 1262

Revocation of driver's license; notice. Provides that, upon the conviction of a person driving after the forfeiture of his driver's license, the court shall suspend the person's license for an additional period of time in accordance with the provisions for administrative suspension and revocation set forth in §§ 46.2-389 and 46.2-391. The court shall also order the person to surrender his license upon conviction and to notify the person of the impending administrative suspension and revocation of his license. The court shall also notify the Department of Motor Vehicles of the conviction, the terms of the license suspension, and that notification of the administrative suspension had been given to the convicted person. The bill also provides that the court's notification to the convicted person constitutes actual notice of the administrative revocation of his driver's license.
Patron - Herring

F SB 1364

Possession of firearms; child day center. Prohibits the possession of a firearm at a child day center. Violation of this section would be a Class 1 misdemeanor. The provisions of this section would not apply to a law-enforcement officer or security guard while in the performance of his official duties.
Patron - Howell

F SB 1405

Inquiries into the exercise of constitutional rights; civil penalty. Prohibits any person from inquiring of a minor or mentally incompetent person as to the exercise of constitutionally protected rights, such as the exercise of religion or the right to keep and bear arms, by the person's family or household for purposes of statistical development or to justify the provision of social services by a person not retained by the parent or legal guardian. A violation is subject to a civil penalty not to exceed $100. The section provides for certain exemptions from the prohibition.
Patron - Hanger

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