General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Criminal Procedure


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Criminal Procedure

Passed

P HB 1793

Mental evaluation of a person convicted of a sexually abnormal offense. Provides that a judge may order a defendant convicted of a sexually abnormal offense to be examined by a licensed clinical social worker if a psychiatrist or clinical psychologist is not reasonably available. The licensed clinical social worker must be certified as a sex offender treatment provider and qualified by experience and by specialized training approved by the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to perform such evaluations. Under current law, the evaluation would have to be performed by a psychiatrist or psychologist.
Patron - Griffith

P HB 1895

Judge sentencing and reports to the Sentencing Commission. Requires a judge to file a written explanation of a decision to modify a jury sentence when the judge departs from the jury sentence or suspends imposition of sentence in whole or in part.
Patron - Albo

P HB 2029

Victim notification. States that victim notification currently required by to be made by the Department of Corrections and local and regional jails may be made through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system. This bill is identical to SB 972.
Patron - Sherwood

P HB 2076

Expungement of police and court records. Requires the appellate court that grants a writ of actual innocence to forward a copy of the order to the circuit court, where an order of expungement shall be immediately granted.
Patron - Armstrong

P HB 2318

Jury sentencing proceeding. Restates, to eliminate any possibility of confusion, the provision in current law that victim impact testimony may be presented at the sentencing proceeding. The bill also allows the prior criminal history and punishments imposed on the defendant for prior convictions to be presented to the jury (as opposed to current law, which allows "prior convictions"). This bill is identical to SB 1294.
Patron - Welch

P HB 2349

Special conservators of the peace. Provides that in the case of a corporation or business applicant, special conservators of the peace may, in addition to geographical limitations within the judicial circuit where the appointment is made, be granted authority in any real property owned or leased by the corporation or business, including any subsidiaries, in other specifically named cities or counties. The authority of such a special conservator of the peace, outside the geographical limitations within the judicial circuit where the appointment is made, is limited to the boundaries of such real property. This bill is identical to SB 1165.
Patron - Sherwood

P HB 2361

Waiver on compensation cap for court-appointed attorneys. Provides that court-appointed counsel, who are not public defenders, may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The determination of whether to grant such a waiver shall be subject to guidelines issued by the Executive Secretary of the Supreme Court. In addition, for felony charges, counsel may request a waiver above the specified caps by the presiding judge who shall determine whether an additional waiver is justified. If the judge determines that the additional waiver is justified he forwards it to the Chief Judge of the Circuit Court for approval, which approval shall be contingent upon a certification of the Executive Secretary of the Supreme Court. If funds appropriated to pay for such waivers become insufficient, no further waivers shall be approved. The bill also provides that, in the event the defendant is convicted and a waiver of the compensation cap has been requested, the court shall only assess against the defendant an amount equal to the pre-waiver cap as a part of the costs of prosecution. This bill is identical to SB 1168.
Patron - Putney

P HB 2364

Magistrates; criminal warrants. Requires magistrates to deliver a copy of any criminal warrant issued at the request of a citizen to the attorney for the Commonwealth, if requested by the attorney for the Commonwealth. This bill is identical to SB 997.
Patron - Scott, E.T.

P HB 2368

Compensation of experts in criminal cases. Increases the maximum fee from $400 to $750 that the court may pay for professional services rendered by each psychiatrist, clinical psychologist or other expert appointed by the court to render professional service in a criminal case other than capital murder.
Patron - Nutter

P HB 2369

Persons acquitted by reason of insanity. Provides that the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services can designate a community services board or behavioral health authority other than the one serving the locality where the acquittee was acquitted to submit and receive reports and implement conditional release orders. The bill also adds, where omitted, the term "or behavioral health authority" wherever the term "community services board" appears. This bill is identical to SB 1104.
Patron - Brink

P HB 2533

Criminal procedure; issuance of criminal warrants. Authorizes a sheriff or his deputy to execute an arrest warrant in a town surrounded by the county that he serves, and to arrest someone committing a criminal act arising out of and during the execution of a warrant in a city or town surrounded by the county he serves. The venue for the prosecution of such crime lies in the jurisdiction where it occurred.
Patron - Landes

P HB 2569

Tolling of speedy trial statute. Provides that the tolling of the speedy trial law already in place during the pendency of a pre-trial appeal by the Commonwealth is extended by 60 days (following mandate by the appellate court) to allow for issuance of trial witness subpoenas by the Commonwealth.
Patron - Shannon

P HB 2673

Sentencing jury; deadlock. Provides for the empanelment of a new jury in the event of a deadlock in fixing punishment.
Patron - Griffith

P HB 2759

Search warrant affidavits; delivery. Allows affidavits for search warrants to be delivered in person or mailed by certified mail, return receipt requested.
Patron - Hurt

P HB 2855

Execution of search warrants. Allows an agent of the United States Department of Homeland Security and any inspector, law-enforcement official, or police personnel of the United States Postal Inspection Service to execute a search warrant in Virginia.
Patron - Moran

P HB 2858

Local community-based probation services. Makes numerous technical changes throughout the Code to update standard nomenclature for community probation services.
Patron - Moran

P HB 2953

Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation concerning child pornography and use of communications systems to facilitate certain sexual offenses with children. The bill provides a definition of what constitutes records and other information that may be obtained upon the issuance of an administrative subpoena. All records or other information received by attorneys for the Commonwealth may only be used for a reasonable period of time not to exceed 30 days. Upon completion of the investigation, the records or other information shall be destroyed if no prosecution is initiated. The bill also provides that a service provider may move to quash the administrative subpoena in any court of competent jurisdiction if the records or other information sought is unusually voluminous in nature or if compliance with the subpoena would cause an undue burden to the service provider.
Patron - Bell

P HB 2959

Expungement of police and court records. Requires the appellate court that grants a writ of actual innocence to forward a copy of the order to the circuit court, where an order of expungement shall be immediately granted. If a person has been granted an absolute pardon by the Governor for a crime he did not commit and files a petition for expungement, the expungement is automatic.
Patron - Bell

P HB 2980

Child pornography; seizure and forfeiture of equipment; bail. Provides that all equipment and other personal property used in connection with the possession, production, distribution, publication, or sale of child pornography or in connection with solicitation of a minor for child pornography shall be subject to seizure and forfeiture. This bill also provides a person charged with violating § 18.2-374.1 (crimes involving child pornography) or § 18.2-374.3 (use of communications system to procure minors for various sexual offenses involving children) is rebuttably presumed ineligible for bail when the offender has reason to believe that the solicited person is a child under 15 years of age and the offender is at least five years older than the solicited person. This bill is identical to SB 1239.
Patron - Bell

P HB 2981

Effect of dismissal of criminal charges. States that dismissal of a criminal charge by a court does not bar subsequent prosecution of the charge unless jeopardy attached at the earlier proceeding or unless the dismissal order explicitly states that the dismissal is with prejudice.
Patron - Janis

P HB 2991

Public defenders; duties. Clarifies that the public defenders are responsible for managing their offices and that assistants do not have the same managerial authority. The bill also mirrors § 19.2-163.01, clarifying the role of the Indigent Defense Commission as supervisory. Finally, the bill removes the language requiring representation of indigent prisoners in habeas cases.
Patron - Melvin

P HB 3034

DNA analysis and data bank; collection of DNA samples. Provides that the Department of Forensic Science shall, on a weekly basis, provide to the Local Inmate Data System (LIDS) the most current information submitted to the DNA data bank that it maintains regarding persons who are required to submit a blood, saliva, or tissue sample for DNA analysis pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2, as well as removing from LIDS and the data bank persons who are no longer eligible to be in the data bank. The Department of Forensic Science and the Department of Corrections shall, on a quarterly basis, compare the databases of offenders under the custody or supervision of the Department of Corrections with the DNA data bank and, if a person is not identified in the DNA data bank, the Department of Corrections shall require the person to submit a DNA sample. The bill also provides that a person who is required to submit a DNA sample is not relieved from the requirement to submit a DNA sample because a sample was not taken or, if taken, because a sample cannot be located in the DNA data bank. The fee for taking a DNA sample may be charged only one time regardless of the number of samples taken. The bill also provides that prior to or upon sentencing, the clerk of court is responsible for reviewing LIDS to determine whether a DNA sample has been submitted if the clerk has electronic access to LIDS in the courtroom. If electronic access is not available, or if the clerk determines that no DNA sample is stored in the DNA data bank, the court shall order that person required to submit a DNA sample to appear within 30 days to allow a sample to be taken by the sheriff or probation officer. If the person required to submit a sample fails to appear, the sheriff or probation officer shall report this failure to the court. The bill also provides that probation and parole officers, community-based probation programs, and sheriffs and regional jailers are required to review LIDS upon intake and again prior to discharge of an offender who is required to submit a DNA sample to determine whether a sample has been taken. If it is determined that no DNA sample has been taken, then the person shall be required to submit a sample for DNA analysis. Probation and parole officers are also required to take a DNA sample or verify that a DNA sample has been submitted to the DNA data bank for every offender accepted pursuant to the Interstate Compact for the Supervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convicted of an offense that would be considered a felony if committed in Virginia. Probation and parole officers in cases involving juvenile offenders who are required to submit a DNA sample for analysis pursuant to § 16.1-299.1 also must determine whether a sample has been taken by reviewing LIDS upon intake and again prior to discharge and, if no sample has been taken, shall require the offender to submit a DNA sample for analysis. The bill also provides that the Department of Juvenile Justice shall verify that a DNA sample for an offender has been received by the Department of Forensic Science and, if no sample has been received, notify the court which shall then order that a sample be submitted for DNA analysis. The use of a DNA sample contained in the data bank that was taken or retained in good faith does not invalidate the use of the sample and any detention, arrest, or conviction of a person resulting from the use of the sample shall not be invalidated. The bill also provides that the Secretary of Public Safety shall review the procedures for the collection of DNA samples and submit a status report by November 1, 2007 to the Chairmen of the House Appropriations Committee, the Senate Finance Committee, the House Committee for Courts of Justice, and the Senate Committee for Courts of Justice.
Patron - Bell

P HB 3041

Conservators of the peace; municipal park rangers. Makes sworn municipal park rangers conservators of the peace.
Patron - BaCote

P SB 800

Criminal history record information. Provides that the requirement that the person on whom the data is being obtained consent under oath to a request for his criminal history record information does not apply if an employer or prospective employer makes a written request and the person on whom the data is being obtained consented in writing and presented a photo-identification to the employer.
Patron - Ruff

P SB 873

Criminal procedure; collection of unpaid fines and costs. Authorizes private attorneys and collection agencies, pursuant to an agreement with the Commonwealth, to be given access to a defendant's social security number to assist in the collection effort of unpaid fines, costs, forfeitures, and penalties. Also subjects such private attorneys to the identity theft provisions in § 18.2-186.3.
Patron - McDougle

P SB 874

Speedy trial. Specifies that statutory speedy trial provisions apply to an adult whose preliminary hearing is held in any district court.
Patron - McDougle

P SB 877

Issuance of witness summonses by criminal defense counsel. Provides that the attorney for the defendant may issue a witness summons.
Patron - McDougle

P SB 880

Expungement of police and court records. Provides for an automatic expungement if a conviction has been vacated pursuant to a writ of actual innocence and requires that electronic records be included in the expungement.
Patron - Deeds

P SB 943

Indigent Defense Commission. Gives the authority for securing office space for public defenders to the executive director of the Commission and allows for the delegation of certain powers and duties to the deputy executive director in the absence of the executive director.
Patron - Quayle

P SB 972

Victim notification. States that victim notification currently required by to be made by the Department of Corrections and local and regional jails may be made through the Virginia Statewide VINE (Victim Information and Notification Everyday) System or other similar electronic or automated system. This bill is identical to HB 2029.
Patron - Howell

P SB 997

Magistrates; criminal warrants. Requires magistrates to deliver a copy of any criminal warrant issued at the request of a citizen to the attorney for the Commonwealth, if requested by the attorney for the Commonwealth. This bill is identical to HB 2364.
Patron - Houck

P SB 1103

Insane defendants; restoration of competency. Updates provisions on the qualifications and procedures of a competency evaluator. Clarifies the role of the director of the community services board or behavioral health authority in restoring the competency of a defendant who is receiving treatment on an outpatient basis. The bill also provides that the director is to make and receive reports regarding the competency of the defendant.
Patron - Puller

P SB 1104

Persons acquitted by reason of insanity. Replaces certain language throughout Chapter 11.1 of Title 19.2 and adds, where omitted, the term "or behavioral health authority" wherever the term "community services board" appears. This bill is identical to HB 2369.
Patron - Puller

P SB 1134

Petition for release of acquittee. Provides that only when a motion for release from custody is made by the person acquitted by reason of insanity shall the court order an evaluation by a psychiatrist and psychologist. Currently, this is required when the petition is by either the acquittee or the Commissioner of DMHMRSAS. The bill further provides that the court may order a further evaluation if it deems further evaluation necessary.
Patron - Lambert

P SB 1165

Special conservators of the peace. Provides that in the case of a corporation or business applicant, special conservators of the peace may, in addition to geographical limitations within the judicial circuit where the appointment is made, be granted authority in any real property owned or leased by the corporation or business, including any subsidiaries, in other specifically named cities or counties. The authority of such a special conservator of the peace, outside the geographical limitations within the judicial circuit where the appointment is made, is limited to the boundaries of such real property. This bill is identical to HB 2349.
Patron - Stolle

P SB 1168

Waiver on compensation cap for court-appointed attorneys. Provides that court-appointed counsel, who are not public defenders, may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The determination of whether to grant such a waiver shall be subject to guidelines issued by the Executive Secretary of the Supreme Court. In addition, for felony charges, counsel may request a waiver above the specified caps by the presiding judge, who shall determine whether an additional waiver is justified. If the judge determines that the additional waiver is justified he forwards it to the Chief Judge of the Circuit Court for approval, which approval shall be contingent upon a certification of the Executive Secretary of the Supreme Court. If funds appropriated to pay for such waivers become insufficient, no further waivers shall be approved. The bill also provides that, in the event the defendant is convicted and a waiver of the compensation cap has been requested, the court shall only assess against the defendant an amount equal to the pre-waiver cap as a part of the costs of prosecution. This bill is identical to HB 2361.
Patron - Stolle

P SB 1177

Compensation for crime victims. Increases the maximum amount that can be paid out for a claim under the Criminal Injuries Compensation Fund from $15,000 to $25,000.
Patron - Stolle

P SB 1189

Court-appointed counsel; qualifications. Clarifies the requirements to be met for qualification as a court-appointed attorney by setting out each type of case and listing the requirements. The bill also specifically lists requalification requirements, including a requirement that the Indigent Defense Commission provide information on MCLE programs that have been approved by the Commission.
Patron - Reynolds

P SB 1192

Interpreters for non-English-speaking persons. Provides that the court may assess as part of the costs taxed to the defendant the costs of any interpreter appointed for the defendant when the defendant fails to appear for trial and is convicted of a failure to appear and the interpreter appears in the case and no other case on the date the defendant is convicted.
Patron - Reynolds

P SB 1195

Criminal history record information. Allows criminal history record information to be disseminated to the Department of Medical Assistance Services or its designee for the purpose of screening individuals who provide transportation services to enrollees in Medicaid, FAMIS, or other programs administered by the Department.
Patron - Reynolds

P SB 1207

Criminal history check for providers of services to adults. Allows public agencies when and as required to do so by federal or state law to investigate criminal history record information of (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis. The bill also allows local boards of social services to obtain, in emergency circumstances, such information from a criminal justice agency.
Patron - Hanger

P SB 1223

Expungement of police and court records. Provides for an automatic expungement if a conviction has been vacated pursuant to a writ of actual innocence and requires that electronic records be included in the expungement. The bill also provides that an expungement order is voidable upon motion and notice made within three years of the entry of the order where the court or parties failed to strictly comply with statutory provisions or the court enters an order of expungement contrary to law.
Patron - McDougle

P SB 1239

Child pornography; seizure and forfeiture of equipment; bail. Provides that all equipment and other personal property used in connection with the possession, production, distribution, publication, or sale of child pornography or in connection with solicitation of a minor for child pornography shall be subject to seizure and forfeiture. This bill also provides a person charged with violating § 18.2-374.1 (crimes involving child pornography) or § 18.2-374.3 (use of communications system to procure minors for various sexual offenses involving children) is rebuttably presumed ineligible for bail when the offender has reason to believe that the solicited person is a child under 15 years of age and the offender is at least five years older than the solicited person. This bill is identical to HB 2980.
Patron - Obenshain

P SB 1294

Jury sentencing proceeding. Restates, to eliminate any possibility of confusion, the provision in current law that victim impact testimony may be presented at the sentencing proceeding. The bill also allows the punishments imposed on the defendant for prior convictions to be presented to the jury. This bill is identical to HB 2318.
Patron - Norment

P SB 1357

Administrative subpoena; electronic communication service and remote computing service providers. Provides that attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation concerning child pornography and use of communications systems to facilitate certain sexual offenses with children. The bill provides a definition of what constitutes records and other information that may be obtained upon the issuance of an administrative subpoena. All records or other information received by attorneys for the Commonwealth may only be used for a reasonable period of time not to exceed 30 days. Upon completion of the investigation, the records or other information shall be destroyed if no prosecution is initiated. The bill also provides that a service provider may move to quash the administrative subpoena in any court of competent jurisdiction if the records or other information sought is unusually voluminous in nature or if compliance with the subpoena would cause an undue burden to the service provider.
Patron - Obenshain

Failed

F HB 1656

Interpreters for non-English-speaking persons. Requires the interpreter fee for a non-English-speaking defendant to be assessed as costs if the defendant is found guilty.
Patron - Lohr

F HB 1694

Five dollar court fee to increase pay of magistrates. Provides that any county or city may, by ordinance, assess a sum of no more than $5 as part of the costs in any criminal or traffic case in which the defendant is convicted of a violation of any statute or ordinance. Proceeds of these assessments shall be used to supplement the fixed compensation of magistrates.
Patron - Callahan

F HB 1773

Issuance of warrants against law-enforcement officers. Provides that no arrest warrant shall be issued upon a complaint by a citizen without the prior approval of the local attorney for the Commonwealth, if the accused is a law-enforcement officer or public school employee and the alleged offense occurred while the accused was in the performance of his official duties.
Patron - Cosgrove

F HB 1776

Appeal from order denying bail or fixing terms of bond or recognizance. Provides that upon motion by the attorney for the Commonwealth, the court may stay the order granting a criminal defendant bail or terms of recognizance pending an appeal by the Commonwealth.
Patron - Cosgrove

F HB 1901

Preliminary hearing required for person accused of a felony. Provides that a person who is arrested on a charge of felony or indicted by a grand jury on a charge of a felony prior to arrest shall be entitled to a preliminary hearing upon the question of whether there is reasonable ground to believe that he committed the offense. Currently, a preliminary hearing is available only when the person is arrested on the charge and not when he is indicted.
Patron - Albo

F HB 1903

No fees for an appeal from an order granting, setting, or denying bail. Provides that no fee shall be charged for filing an appeal from an order granting, setting, or denying bail. This bill was incorporated into HB 2992.
Patron - Albo

F HB 1966

Evidence of similar crimes in sexual assault and child sexual abuse cases. Provides that in a criminal case in which the defendant is accused of an offense of sexual assault or child sexual abuse, evidence of the defendant's commission of another like offense or offenses is admissible, and may be considered for its bearing on any matter to which it is relevant. The bill also extends admission of this evidence to civil cases.
Patron - Lewis

F HB 2111

Interpreters for non-English-speaking persons. Requires that the fees for interpreters for non-English-speaking persons be taxed as costs in the district and circuit courts. This bill was incorporated into HB 3096.
Patron - Carrico

F HB 2184

Indictment of a law-enforcement officer. Provides that when a law-enforcement officer is alleged to have committed a criminal offense involving excessive use of force while on duty, he shall be formally accused of the crime by indictment only.
Patron - Miller, P.J.

F HB 2204

Impanelling a special grand jury. Alters the burden slightly for the impanelling of a special grand jury by the attorney for the Commonwealth by changing the burden from a request by the attorney for the Commonwealth made to the circuit court to a motion before the circuit court and for good cause shown.
Patron - Wardrup

F HB 2254

Definition of victim. For purposes of determination of crime victim compensation eligibility from the Criminal Injuries Compensation Fund, victim is defined to include a victim of stalking.
Patron - Waddell

F HB 2322

Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any person charged with a felony who is identified as being present in the United States illegally.
Patron - Gilbert

F HB 2330

Jury sentencing proceeding. Restates, to eliminate any possibility of confusion, the provision in current law that victim impact testimony may be presented at the sentencing proceeding. This bill was incorporated into HB 2318.
Patron - Gilbert

F HB 2333

Jury sentencing; prior convictions. Provides that, for the purpose of jury sentencing, prior convictions shall include complete sentencing information such as terms of incarceration imposed, other punishments received, any records of suspended sentences and of probation and parole. Current case law defines "prior conviction" to exclude anything but a record of the conviction alone. This bill was incorporated into HB 2318.
Patron - Gilbert

F HB 2423

Criminal juror information confidential. Provides that any personal information concerning a member of a jury in a criminal trial shall be sealed by the court at the conclusion of the trial and shall be released only upon motion for good cause shown, with restrictions upon its use and further dissemination as may be deemed appropriate by the court.
Patron - Griffith

F HB 2424

Criminal juror information confidential. Provides that any personal information concerning a member of a jury in a criminal trial shall be sealed by the court and shall be released only upon motion for good cause shown, with restrictions upon its use and further dissemination as may be deemed appropriate by the court.
Patron - Griffith

F HB 2448

Verification of citizen status. Requires that a jailer shall reasonably attempt to verify the citizen status of certain persons who are confined in jail and that the Department of Corrections shall issue guidelines for such verifications. The bill also requires the Virginia State Bar to investigate the practice of providing legal advice to illegal immigrants and to establish related guidelines on unauthorized practice of law.
Patron - Frederick

F HB 2480

Bail bondsman; collateral. Prohibits the use of real property as collateral for a bond written by a bail bondsman.
Patron - Crockett-Stark

F HB 2584

Marijuana field test as evidence. Provides that in any case in which a person is accused of possession of marijuana, he or his attorney of record may request a full chemical analysis of the alleged plant material by motion (i) within 60 days after arrest or, (ii) for good cause shown, at any time prior to trial, before the court in which the charge is pending. Without such request, a field analysis of the material is deemed sufficient evidence. Currently, such request is available (without the requirement of good cause shown) at any time prior to trial. This bill was incorporated into HB 2760.
Patron - Janis

F HB 2592

Conviction of second or subsequent violent sex offense; penalty. Establishes unequivocally that prior convictions of certain violent sex crimes against victims under the age of 13 are to be alleged in the indictment or information and are made a part of the evidence at trial for the purpose of enhanced punishment for second and subsequent such offenses.
Patron - Janis

F HB 2747

Persons issued summons; fingerprints and photograph. Provides that when an arresting officer detains a person for a violation for which a summons may be issued, that person must provide valid proof of his identity and address or the officer may take the person's photograph and fingerprints in order to verify the person's identity.
Patron - Hall

F HB 2760

Notice of right to receive full marijuana analysis. Provides that if the defendant requests full laboratory analysis of marijuana 10 days prior to trial and if it is unavailable at trial, the defendant's remedy is a continuance. Field analysis of marijuana is admissible at trial. Full lab analysis is available to the defendant if he requests it. Currently, such request may be made pursuant to notice provided "prior to trial."
Patron - Hurt

F HB 2790

Criminal procedure; right to examine person performing analysis. Provides that if the defendant requests the presence of the person as a witness who performed any laboratory analysis or examination or was involved in the chain of custody, his remedy, if the person is unavailable for trial, is a continuance.
Patron - Gilbert

F HB 2895

Dissemination of criminal history record information; litter control officers. Grants special conservators of the peace employed by a county and who enforce state and local litter laws access to criminal history record information.
Patron - Phillips

F HB 2936

Arrest of illegal aliens. Provides that all law-enforcement officers enumerated in § 19.2-81 shall have the authority to enforce immigration laws of the United States, and to arrest an individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security that the individual is an alien illegally present in the United States. Currently the person arrested would also have to have been previously convicted of a felony in the United States and deported or left the United States after such conviction. This bill was incorporated into HB 1970.
Patron - Miller, J.H.

F HB 2943

Misdemeanor summons. Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest is discretionary.
Patron - Miller, J.H.

F HB 2965

Notice by clerk to counsel regarding certificates of analysis. Requires that, in the event that a request for a copy of a certificate of analysis to be used as evidence in a criminal case is filed by counsel for the defendant with the clerk with respect to a case that is before the court but for which the certificate has not yet been received by the clerk, the clerk shall advise the requester that he must resubmit the request after the certificate has been received in order for such request to be effective.
Patron - Bell

F HB 2966

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 may also be delegated to local bonding agencies as desired. Additionally, the bill states that any collection fees for delinquent restitution payments shall paid by the defendant. Any restitution installment plan payments more than 40 days in default are to be voided.
Patron - Bell

F HB 2983

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 HB 2992

Appeal bonds. Clarifies that fees or costs shall not be assessed or collected for any appeal from an order denying bail or fixing terms of bond or recognizance. This bill is a recommendation of the Committee on District Courts. This bill was incorporated into HB 2061.
Patron - Melvin

F HB 3038

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. This bill was incorporated into HB 2318.
Patron - Scott, E.T.

F HB 3051

Debt collection by attorneys for the Commonwealth. Allows a private attorney or collection agency under contract to an attorney for the Commonwealth for the collection of fines, costs, forfeitures, penalties, and restitution to have access to Department of Motor Vehicles records for the purpose of locating individuals owing money to the Commonwealth.
Patron - Miller, P.J.

F HB 3096

Local fee for interpreters for non-English-speaking persons. Allows any locality to provide by ordinance for the imposition of a fee on any person convicted under any criminal statute or ordinance if such person was provided an interpreter paid for by the locality.
Patron - Lohr

F HB 3107

Appointment of special conservators of the peace. Requires that a circuit judge appoint a special conservator of the peace upon a showing by the sheriff, chief of police, or corporation authorized to do business in the Commonwealth that there is a necessity for the security of property or of the peace, and that the person or persons to be appointed possess a valid registration with the Department of Criminal Justice Services.
Patron - Lingamfelter

F HB 3110

Criminal history record information dissemination. Provides that criminal history information may be provided to any nonprofit entity that provides a centralized credentialing service as defined in § 8.01-581.17 and that, in accordance with that section, any such nonprofit entity may disseminate criminal history record information to those hospitals and organizations that utilize its service.
Patron - Janis

F HB 3146

Discovery; duty to provide police reports. Provides that the attorney for the Commonwealth shall have a duty to provide copies of police reports and other similar information to the defendant, if unrepresented, or his attorney within three days after the information is received.
Patron - Gear

F HB 3206

Criminal procedure, admission to bail; persons not lawfully present in the United States; presumption. Adds a presumption, subject to rebuttal, against admitting to bail any person who commits a felony while not lawfully present in the United States. Requires judicial officers, to the extent feasible, to verify with the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security prior to a bail hearing whether a person is a citizen or is otherwise lawfully present in the United States. This bill was incorporated into HB 2322.
Patron - Caputo

F SB 748

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

F SB 828

Magistrate salaries; local fee. Allows any county or city to assess $5 as part of the costs in each criminal or traffic case in which the defendant is convicted of a violation of any statute or ordinance. Proceeds of these assessments shall be used to add to the fixed compensation of magistrates.
Patron - Devolites Davis

F SB 952

Criminal jurors; disqualifications. Prohibits relatives and persons with an employment relationship to the accused, any alleged victim of the accused, the attorney for the Commonwealth and court officers and employees from serving on the accused's jury.
Patron - Quayle

F SB 965

Forensic mental health examinations. Raises from $400 to $750 the cap on expert compensation for a mental health examination in criminal cases other than capital murder.
Patron - Puller

F SB 1049

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 - Lucas

F SB 1066

Appeal from order denying bail or fixing terms of bond or recognizance. Provides that when there exists a rebuttable presumption against bail pursuant to § 19.2-120 and the court issues an order granting bail or conditions of recognizance, then upon motion by the attorney for the Commonwealth, the court shall stay the order, pending appeal by the Commonwealth.
Patron - McDougle

F SB 1127

Magistrates; issuance of warrants. Amends provision that prohibits magistrates from issuing any warrant or process in complaint of certain relatives of the magistrate, to provide that in counties with a population between 56,000 and 57,000 according to the 2000 U.S. Census (York County) the magistrate may issue a warrant or process if the relative is a law-enforcement officer acting within the scope of his official duties.
Patron - Norment

F SB 1173

Appeal bonds. Clarifies that fees or costs shall not be assessed or collected for any appeal from an order denying bail or fixing terms of bond or recognizance. This bill is a recommendation of the Committee on District Courts. This bill was incorporated into SB 825.
Patron - Stolle

F SB 1221

Community-based corrections programs; community service. Provides that a person committed to Boot Camp Incarceration Programs, Detention Center Incarceration Programs, or Diversion Center Incarceration Programs shall receive credit toward the completion of any community service he was ordered to perform as part of his sentence for any community service performed during his commitment.
Patron - Puckett

F SB 1319

Special conservators of the peace; barrier crimes. Amends provision that prohibits a person from being a special conservator of the peace if they have any firearms conviction to provide that the conviction must be a Class 1 misdemeanor to prevent the person from being a conservator. Existing law includes all firearms misdemeanors. The provision that any felony is a barrier remains unchanged.
Patron - Puckett

F SB 1355

Driving while intoxicated; plea agreements. Provides that, in a case brought pursuant to § 18.2-266 (driving while intoxicated), which resulted in physical injury to a victim, an attorney for the Commonwealth shall not enter into a plea agreement with a defendant that would allow the defendant to plead guilty to an offense not related to his intoxication without the consent of the victim.
Patron - O'Brien

F SB 1380

Victims' rights; restorative mediation. Provides that the victim of a criminal offense may request mediation with the defendant prior to the final disposition in the defendant's case. If mediation is conducted, the results of the mediation and the victim's statement of needs shall be presented to the court by the mediator prior to the sentencing hearing. The bill also provides that the Director of the Department of Corrections shall maintain a system for victim-offender mediation in the state correctional facilities. Such mediation shall be conducted upon the request of the victim and upon the agreement of both parties.
Patron - Locke

F SB 1421

Criminal procedure; admission to bail; persons not lawfully present in the United States; presumption. Adds a presumption, subject to rebuttal, against admitting to bail any person who commits a felony while not lawfully present in the United States. Requires judicial officers, to the extent feasible, to verify with the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security prior to a bail hearing whether a person is a citizen or is otherwise lawfully present in the United States.
Patron - Herring

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