General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Criminal Procedure

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Criminal Procedure

Passed

P HB93

Supplementing compensation of public defenders. Permits counties or cities that have public defender offices to supplement, payable from their own funds, the compensation of the public defender or his deputies or employees in excess of the compensation fixed by the executive director of the Virginia Indigent Defense Commission. This bill is identical to SB 634.
Patron - Moran

P HB181

Juror information confidential. Provides that a court may in a criminal trial, upon the motion of either party or its own motion, and for good cause shown, issue an order regulating the disclosure of personal information of a juror to any person other than the counsel for either party. Good cause shown includes, but is not limited to, a likelihood of bribery, tampering, or physical injury to or harassment of a juror. The order may be modified as deemed appropriate by the court. "Personal information" is defined as any information collected by the court, clerk, or jury commissioner including, but not limited to, a juror's name, age, occupation, home and business addresses, telephone numbers, email addresses, and any other identifying information that would assist another in locating or contacting the juror. The bill also directs the Supreme Court to prescribe and publish rules that provide for the protection of a juror's personal information.
Patron - Marshall, R.G.

P HB410

Appointment of counsel; indigent defendants. Maintains the current provision, due to expire on July 1, 2008, that if there is no attorney reasonably available who is on the list maintained by the Indigent Defense Commission, the court may appoint an appropriately trained and experienced attorney not on the list and must notify the Commission of the appointment. The bill also clarifies that when the public defender is unable to represent the defendant due to a conflict of interest or the court finds that the appointment of other counsel is necessary to attain the ends of justice, the appointment shall be from the list maintained by the Commission. This bill is identical to SB 553.
Patron - Griffith

P HB440

Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), any offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person) except any offense under subsection A of § 18.2-57.2, any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall not exist unless the United States Immigration and Customs Enforcement has guaranteed that, in all such cases in the Commonwealth, it will issue a detainer for the initiation of removal proceedings and agrees to reimburse for the cost of incarceration from the time of the issuance of the detainer. This bill incorporates HB 47, HB 757, HB 762, HB 779, HB 929, and HB 1435. This bill is identical to SB 623.
Patron - Rust

P HB557

Criminal procedure; provisions applicable to witnesses. Removes § 8.01-407.1 (Identity of persons communicating anonymously over the Internet) from the sweep-in provisions which make certain Code sections applicable to both civil and criminal case witnesses. The provisions of § 8.01-407.1 apply only to civil cases.
Patron - Valentine

P HB586

Remand of bail appeal. Allows the Supreme Court or Court of Appeals to remand an appeal of denial of bail to circuit court for such further action regarding bail as the appellate court directs. Currently the appellate court is limited to setting bail after overruling the denial. This is a recommendation of the Judicial Council. This bill is identical to SB 225.
Patron - Marsden

P HB682

Detention Center Incarceration Program. Allows a probation and parole officer to place a non re-offending defendant who scores incarceration on the probation violation guidelines and voluntarily agrees to participate, with the Department of Corrections to be evaluated for participation in the Detention Center Incarceration Program, if approved by the court. This bill is identical to SB 611.
Patron - Miller, P.J.

P HB713

Preliminary protective orders; stalking; extension. Allows the court to extend a preliminary protective order for a period of up to six months if the respondent fails to appear at the hearing. Language mirrors subsection B of § 16.1-253.1, relating to preliminary protective orders in family abuse cases.
Patron - Janis

P HB715

Resetting of bail, amending bail set upon arrest. Provides that when the court having jurisdiction of a bail proceeding believes the amount of bond or security set by a judicial officer at initial arrest to be inadequate or excessive, it may after notice to the parties, change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring. Currently, the court is limited to increasing the initial bail and may not impose additional bail requirements such as alcohol and drug monitoring. This bill is identical to SB 506.
Patron - Janis

P HB717

Posting of bonds in support cases. Clarifies that a court is not precluded from imposing a bond or recognizance designed to secure a child or spousal support obligation in cases where an additional bond or recognizance is imposed as a condition of the release of an obligor.
Patron - Janis

P HB820

Alien status of jail and correctional facility inmates. Requires an officer in charge of a jail or correctional facility to inquire of a person in his custody as to whether the person was born in or is a citizen of the United States and to make an immigration alien query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement for any person who was born in or is a citizen of another country, or if the answers to these questions are unknown. The jail officer shall communicate the results of this immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any query confirming that a person is illegally present in the United States to the Central Criminal Records Exchange. This bill incorporates HB 368, HB 1029, and House Bills 441, 444, 763, and 764. This bill is identical to SB 609.
Patron - Albo

P HB903

Magistrates. Reforms the magistrate system by transferring appointment and supervisory responsibilities from the circuit court judges to the Executive Secretary of the Supreme Court, although the chief judges of the circuit courts in the region are to be consulted regarding appointments. Magistrates initially appointed on or after July 1, 2008, must have a bachelor's degree from an accredited college and persons appointed chief magistrates on or after July 1, 2008, are required to be members in good standing of the Virginia State Bar. No magistrate appointed on or after July 1, 2008, may practice law. No magistrate may engage in any other business without the approval of the Executive Secretary. Magistrates will have to serve an initial nine-month probationary period (currently, six months), complete a minimum training program and pass a certification exam. The bill broadens magistrates' geographical assignment from within a particular judicial district to regions established by the Executive Secretary. The bill makes technical amendments replacing "justice of the peace" with "magistrate" and removes references to magistrates serving only within a particular jurisdiction or district. This bill is identical to SB244.
Patron - Putney

P HB941

Search warrants; affidavits, etc. Allows an affidavit in support of a search warrant to be delivered by facsimile after it is certified and provides that the certifying officer's designee or agent may deliver the affidavit. The bill adds a requirement that a copy of the affidavit be delivered to the clerk of the circuit court in the county or city where the warrant is issued if different than the county or city where the search is to be made. The inventory of seized property will go to the circuit court of the county or city where the search was conducted. The bill specifies that the officer or his designee or agent may deliver the warrant, inventory, and accompanying affidavit in person, by certified mail or by facsimile. This bill is identical to SB 229.
Patron - Gilbert

P HB952

Time period for notice of insanity plea. Provides that notice of a criminal defendant's insanity plea must be given to the Commonwealth at least 60 days (currently at least 21 days) prior to trial, or at most 60 days following indictment when the period between indictment and trial is less than 120 days.
Patron - Iaquinto

P HB956

Criminal Injuries Compensation Fund; PERK reimbursements. Allows the Fund to directly reimburse a health care provider for the costs of performing the physical evidence recovery kit (PERK) examinations used in cases of sexual assault. The defendant, upon conviction, is required to reimburse the Commonwealth. This bill is identical to SB 312.
Patron - Miller, P.J.

P HB965

Criminal Injuries Compensation Fund; stalking. Amends the definition of victim under the Fund to allow people who have been stalked to be eligible to collect from the Fund.
Patron - Shannon

P HB1043

Polygraphs; victims of sex offenses. Provides that no law-enforcement officer, attorney for the Commonwealth, or other government official shall ask or require a victim of certain sex offenses to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an offense. This bill incorporates HB 1488. This bill is identical to SB 164.
Patron - Watts

P HB1179

Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any person who is arrested for felony assault and battery against a family or household member.
Patron - Lingamfelter

P HB1181

Appointment of special conservators of the peace. Makes it mandatory, rather than permissive, that a circuit court 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. The bill allows the judge to deny the appointment for good cause and requires that the specific reasons for the denial be stated in writing in the order denying the appointment.
Patron - Lingamfelter

P HB1186

Incompetent defendants; misdemeanors; dismissal of charges. Provides that if a defendant has been charged with a misdemeanor under Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 (larceny and receiving stolen goods), Article 5 (§ 18.2-119 et seq.) of Chapter 5 of Title 18.2 (trespass to realty) except an offense under § 18.2-130 (peeping or spying into dwelling or enclosure), or Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2 (disorderly conduct), and is being treated in an effort to restore his capacity, then after 45 days, if his capacity has not been restored, the court shall decide whether he should be released, committed, or certified and the court may dismiss the charges. This bill incorporates HB 1378. This bill is identical to SB 380.
Patron - Melvin

P HB1205

Diversion Center Incarceration Program. Allows a probation and parole officer to place a non re-offending defendant who scores incarceration on the probation violation guidelines and voluntarily agrees to participate, with the Department of Corrections to be evaluated for participation in the Diversion Center Incarceration Program, if approved by the court. This bill is identical to SB 451.
Patron - Melvin

P HB1302

Incident management. Redefines the "scene of any accident" for the purposes of arrest without a warrant. The revised definition includes a reasonable location where a vehicle or person involved in an accident has been moved at the direction of a law-enforcement officer to facilitate the clearing of the highway or to ensure the safety of the motoring public. The bill also removes the limitation that the driver of a vehicle involved in an accident may move the vehicle only "so far as necessary" to prevent obstructing traffic.
Patron - Nichols

P HB1384

Grand juries. Provides that persons selected as members of grand juries, special grand juries, and multijurisdictional grand juries shall be impartial and possess disinterest in outcome. Procedures to determine a potential juror's qualifications for service on a special grand jury are outlined. The bill allows a person indicted after a special grand jury investigation to move to review, note or duplicate evidence.
Patron - Janis

P SB123

Destruction of criminal exhibits. Provides that the trial court may not order the destruction or donation of exhibits used in evidence in felony cases without prior notice to the counsel for the parties and until expiration one year after all appeals or, if no appeal, one year after appellate remedies expire.
Patron - Edwards

P SB164

P SB225

P SB229

P SB241

School employees; criminal acts. Requires the court clerks to notify the Superintendent of Public Instruction when a person known to be licensed by the Board of Education is convicted of a felony drug crime or certain felony sex crimes involving a child victim. The bill also requires (i) local school boards to develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee; (ii) the Board of Education to include requirements for the denial, suspension, cancellation, revocation, and reinstatement of licensure in its regulations; (iii) notification by the local school board to the Board of Education when a licensed employee of a school board is dismissed or resigns because of certain criminal convictions or a founded child abuse or neglect case; (iv) notification by the local department of social services to the Superintendent of Public Instruction when the subject of a founded complaint of child abuse or neglect is known to hold a license from the Board of Education; and (v) the Board of Education to revoke the license of any person who has been dismissed or has resigned because he has been convicted of a felony, sex offense, drug offense or because he is the subject of a founded case of child abuse or neglect. This bill is identical to HB 1439.
Patron - Lucas

P SB244

P SB312

P SB345

Conditional release; voluntary admission to a state hospital. Clarifies that voluntary admission to a state hospital shall not solely constitute grounds for revocation of a person's conditional release.
Patron - Blevins

P SB380

Incompetent defendants; misdemeanors; dismissal of charges. Provides that if a defendant has been charged with a misdemeanor under Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 (larceny and receiving stolen goods), Article 5 (§ 18.2-119 et seq.) of Chapter 5 of Title 18.2 (trespass to realty) except an offense under § 18.2-130 (peeping or spying into dwelling or enclosure), or Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2 (disorderly conduct), and is being treated in an effort to restore his capacity, then after 45 days, if his capacity has not been restored, the court shall decide whether he should be released, committed, or certified and the court may dismiss the charges. This bill incorporates SB 626. This bill is identical to HB 1186.
Patron - Martin

P SB451

Diversion Center Incarceration Program. Allows a defendant who has not committed a new criminal offense, who may be subject to having his probation revoked, and who scores incarceration on the probation violation guidelines and voluntarily agrees to participate, to be placed with the Department of Corrections to be evaluated for participation in the Diversion Center Incarceration Program if approved by the court. This bill is identical to HB 1205.
Patron - Petersen

P SB506

Resetting of bail, amending bail set upon arrest. Provides that when the court having jurisdiction of a bail proceeding believes the amount of bond or security set by a judicial officer at initial arrest to be inadequate or excessive, it may, after notice to the parties, change the amount of such bond or security, require new and additional sureties, or set other terms of bail as are appropriate to the case, including, but not limited to, drug and alcohol monitoring. Currently, the court is limited to increasing the initial bail and may not impose additional bail requirements such as alcohol and drug monitoring. This bill is identical to HB 715.
Patron - McDougle

P SB549

Multijurisdictional grand juries. Adds crimes related to identity theft and credit card fraud to the matters that a multijurisdictional grand jury may investigate.
Patron - Hurt

P SB553

P SB609

P SB610

Compensation of court-appointed counsel; juvenile offenders. Provides that court-appointed counsel who are appointed to defend a juvenile in district court for an offense that would be a felony if committed by an adult may request a waiver on the compensation cap up to certain specified amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The maximum amounts of the waivers allowed are fixed at the level of the compensation cap for defending adults of the same crimes in circuit court.
Patron - Stolle

P SB611

Detention Center Incarceration Program. Allows a probation and parole officer to place a nonreoffending defendant who scores incarceration on the probation violation guidelines and voluntarily agrees to participate, with the Department of Corrections to be evaluated for participation in the Detention Center Incarceration Program, if approved by the court. This bill is identical to HB 682.
Patron - Stolle

P SB618

Petit larceny; substance abuse. Provides that a person who is convicted for the second time of petit larceny must undergo substance abuse screening as part of the sentence if the sentence includes probation supervision by a community-based probation services agency.
Patron - Stolle

P SB623

Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), any offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person) except any offense under subsection A of § 18.2-57.2, any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall not exist unless the United States Immigration and Customs Enforcement has guaranteed that, in all such cases in the Commonwealth, it will issue a detainer for the initiation of removal proceedings and agrees to reimburse for the cost of incarceration from the time of the issuance of the detainer. This bill incorporates SB 183, SB 733, and SB 152. This bill is identical to HB 440.
Patron - Stolle

P SB634

P SB772

Bail. Allows the court as a condition of bond to bar a person who holds an elected constitutional office and who is accused of a felony arising from the performance of his duties from returning to his constitutional office.
Patron - Hurt

P SB773

Prosecution of identity theft; statute of limitations. Allows prosecutions for misdemeanor identity theft to be commenced within the same limits as computer crimes. Those limits are the earlier of (i) five years after the commission of the last illegal act or (ii) one year after the existence of the illegal act and the identity of the offender are discovered.
Patron - Hurt

Failed

F HB47

Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any alien charged with a criminal offense who is in the United States illegally as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security. This bill was incorporated into HB 440.
Patron - Cole

F HB155

F HB232

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

F HB307

Crime victims and witnesses; immigration status. Prohibits law enforcement from questioning or investigating the immigration status of a person who reports that he was a victim of or witness to a crime.
Patron - Eisenberg

F HB325

Dissemination of criminal records; Guardians ad litem. Allows the dissemination of criminal records to GALs.
Patron - Saxman

F HB368

Alien status of jail and correctional facility inmates. Requires a jail officer to inquire of a person in his custody as to whether the person is a citizen of the United States and to communicate the results of the inquiry, including a result specifying that this information is unknown, to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall submit the data on any such person to the Central Criminal Records Exchange. The State Police shall forward this information to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement along with a request that the Law Enforcement Support Center respond as to the person's immigration status. Any response received by the State Police from the Law Enforcement Support Center concerning an individual's immigration status shall be transmitted to the State Compensation Board for inclusion in the Local Inmate Data System. The bill requires officer in charge of a correctional facility to verify that such information is in the Central Criminal Records Exchange and to request that the Law Enforcement Support Center respond as to the person's immigration status. This bill was incorporated into HB 820.
Patron - Carrico

F HB433

Forfeiture of motor vehicle for three or more offenses of driving without a valid operator's license. Provides that any vehicle driven in the commission of a third or subsequent offense of driving without a valid operator's license shall be subject to forfeiture. This bill incorporates HB 380 and HB 446.
Patron - Frederick

F HB436

Misdemeanor arrest or summons at discretion of law-enforcement officer. 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 when the person fails to stop the unlawful act.
Patron - Frederick

F HB444

F HB461

Conditions of release without bond. Provides that no person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond until the expiration of 72 hours following his initial appearance before a judicial officer and unless he is determined by a court to be indigent.
Patron - Albo

F HB480

F HB515

Waiving interest during period of incarceration. Authorizes the court to waive interest on fines and costs accruing during any period that the defendant was incarcerated prior to July 1, 2008.
Patron - Dance

F HB536

F HB624

Criminal procedure; interpreter appointed for non-English-speaking defendant. Provides that the cost for such interpreter shall be borne by a defendant who is convicted at trial of the criminal offense.
Patron - Miller, J.H.

F HB658

Recording preliminary hearings. Provides that the court shall order that a certified court reporter or mechanical or electronic device approved by the court be provided to record the incidents of a preliminary hearing upon request of the Commonwealth or an indigent defendant.
Patron - Griffith

F HB659

Defense motions to suppress evidence. Requires that the grounds for defense objections or motions to suppress evidence based on violations of certain constitutional rights or unconstitutional statutes, be stated with particularity.
Patron - Griffith

F HB718

Authority of court to order payment of fine, costs, forfeitures, penalties, or alternatives. Provides that a court may establish a program to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work before or after imprisonment. Currently the court is required to establish such a program.
Patron - Janis

F HB757

Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any alien who is charged with any felony and who is in the United States illegally, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security. This bill was incorporated into HB 440.
Patron - Poindexter

F HB762

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 is charged with a crime and not lawfully present in the United States, and requires judicial officers prior to any bail hearing, to the extent feasible, to verify with the United States Bureau of Immigration and Customs Enforcement whether a person is lawfully present in the United States. This bill was incorporated into HB 440.
Patron - Rust

F HB779

Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), or any felony offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person), any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall exist unless and until notification is received from the United States Immigration and Customs Enforcement that it does not intend to detain the person. This bill was incorporated into HB 440.
Patron - Kilgore

F HB880

Interest on fines and costs. Provides that interest on fines and costs shall not accrue while a person is incarcerated. Currently, fines and costs do not accrue during incarceration but only with respect to the case resulting in the incarceration. The bill also allows a person to move for and a circuit court to grant a waiver on any interest accrued during his incarceration prior to July 1, 2008.
Patron - Loupassi

F HB929

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 or any violation of § 18.2-266(DUI) and is identified as being in the United States unlawfully and requires judicial officers prior to a bail hearing, to the extent feasible, to verify whether a person is a citizen or is otherwise lawfully present in the United States. This bill was incorporated into HB 440.
Patron - Gilbert

F HB935

Admissibility of prior inconsistent statements in a criminal case. Provides that in all criminal cases, evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing or trial, the witness is subject to cross-examination concerning the statement, and the statement (i) was made under oath and describes or explains an event or condition of which the witness had personal knowledge and (ii) proved to have been written or signed by the witness, the witness acknowledged under oath the making of the statement, or the statement is proved to have been accurately recorded.
Patron - Gilbert

F HB940

F HB1029

Verification of citizen status. Requires that a jailer shall reasonably attempt to verify the citizen status of certain persons who have been arrested and who are confined in jail. The jailer is required to report any person determined to be in the United States illegally to the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement. The bill provides further 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. This bill was incorporated into HB 820.
Patron - Frederick

F HB1067

School employees; criminal acts. Requires (i) notification to the Superintendent of Public Instruction and the division superintendent of the conviction of any individual holding a license issued by the Board of Education; (ii) local school boards to develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee; (iii) the Board of Education to include requirements for the denial, suspension, cancellation, revocation, and reinstatement of licensure in its licensure regulations; (iv) notification to the Board of Education when a licensed employee of a school board is dismissed or resigns for certain convictions of enumerated crimes; and (v) notification to the Superintendent of Public Instruction when any individual holding a license is the subject of a founded complaint of child abuse or neglect. There is also a technical amendment. This bill has been incorporated into HB 1439.
Patron - Amundson

F HB1136

Sentencing proceeding by the jury after conviction. Provides that criminal sentencing by a jury may be done by a different jury if the original jury cannot agree on punishment.
Patron - Griffith

F HB1237

Mentally ill defendants; treatment and hospitalization. Establishes a new standard for hospitalizing mentally ill criminal defendants. Hospitalization may occur when the defendant has a mental illness and there exists a substantial likelihood that, as a result of that mental illness, the defendant will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing, and after sentencing. The bill specifies that the evaluation must be done face-to-face by an employee of the community services board or its designee who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Mental Health, Mental Retardation and Substance Abuse Services. This bill has been incorporated into HB 559.
Patron - Jones, D.C.

F HB1290

Restorative justice programs. Provides that courts may order offenders to be assessed for their suitability to enter a restorative justice program and, if found suitable, the offender may enter such a program. Restorative justice programs are intended to facilitate meetings or dialogues between victims of crime and the offenders, as well as other individuals and community members if appropriate, with the goal of addressing the needs of the victim and the community through agreements with the offenders addressing issues such as reparation, restitution, and community service.
Patron - Athey

F HB1366

Probation; waiver of Fourth Amendment rights as condition of probation. Provides that among the conditions the court may impose upon a probationer is that the person, vehicle or home of the defendant shall be subject to search without a warrant during the period of his probation when the search derives from a violation of other conditions imposed upon the defendant by the court or arises out of a suspicion that the defendant is engaged in conduct the same as that or substantially similar to that for which he was convicted, provided that such condition may be imposed only upon a defendant convicted of a felony violation under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (controlled substance violations) or a violent felony as defined in § 17.1-805.
Patron - Cline

F HB1369

Incarceration of defendant pending appeal of bond by attorney for the Commonwealth. Provides that if the attorney for the Commonwealth notes an appeal of bail, bond, or terms of recognizance the court shall stay the grant of bail, bond, or terms of recognizance pending the appeal.
Patron - Gilbert

F HB1378

Disposition of incompetent defendants. Provides that if, after a determination of a defendant's competency to stand trial is made, a court finds that a defendant is and is likely to remain incompetent for the foreseeable future, the court shall order that the defendant be (i) released, (ii) involuntarily committed, (iii) reviewed for commitment as a sexually violent predator, or (iv) certified as eligible for admission to a training center for persons with mental retardation. The bill also provides that duration of the treatment to restore the competency of a defendant charged with a misdemeanor, other than an offense against person or property involving the intentional threat of or the attempted or actual infliction of physical harm, shall be limited to 45 days. This bill has been incorporated into HB 1186.
Patron - Morrissey

F HB1435

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 is charged with a crime who is an alien and not lawfully present in the United States and requires judicial officers prior to any bail hearing, 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 whether a person is a citizen or is otherwise lawfully present in the United States. This bill was incorporated into HB 440.
Patron - Poindexter

F HB1488

Use of polygraph on sex offense victims. Provides that no complaining witness of any alleged offense involving criminal sexual activity shall be requested to submit to a polygraph examination as a condition of proceeding with an investigation of the offense. This bill has been incorporated into HB 1043.
Patron - Sherwood

F HB1569

Deferred disposition. Allows a court to defer disposition in and discharge and dismiss any criminal case subject to limitations already set forth re deferral and dismissal for specific crimes.
Patron - Morrissey

F SB111

Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Provides that an indigent defendant who has been charged with a capital offense may move for the appointment of experts to assist in the preparation of his defense. The court shall hold an ex parte hearing on such a motion and may order the appointment of an expert. The expert's work product is protected by attorney-client privilege; however, the defendant shall comply with the discovery rules set forth in the Rules of the Supreme Court. This bill has been incorporated into SB 369.
Patron - McDougle

F SB152

F SB183

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 alien, who commits (i) a violent felony, (ii) DUI manslaughter whether in a motor vehicle or watercraft, (iii) DUI, (iv) refusal of a test after DUI arrest or after forfeiture of license, or (v) driving after forfeiture of license and committing certain crimes, while an alien present in the United States without authority, and requires judicial officers prior to a bail hearing, to determine whether the person is an alien who is present in the United States without authority, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security. This bill has been incorporated into SB 623.
Patron - Herring

F SB409

Disqualification for appointment as special conservator of the peace. Provides that no person with a conviction for a criminal offense involving (a) moral turpitude, (b) assault and battery, (c) damage to real or personal property, (d) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (e) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or (f) any felony, or for any Class 1 misdemeanor involving firearms, is eligible to become a special conservator of the peace. Currently, the listing includes any conviction of a criminal offense involving firearms, which would include Class 2, 3, and 4 misdemeanors as disqualifiers.
Patron - Puckett

F SB441

Crime victims; immigration status. Provides that no law-enforcement officer or other agent of state or local government shall inquire into the immigration status of any person who reports that he is the victim of a crime or is the parent or guardian of a minor victim, or is a cooperating witness in a criminal investigation or is the parent or guardian of a minor witness. The bill does not prohibit a law-enforcement officer from inquiring into the immigration status of a victim or witness who has been arrested and charged with a criminal violation, or when such inquiry is required by federal law or is essential to the investigation or prosecution of the crime to which the person is a witness or of which the person is a victim. This bill incorporates SB 639.
Patron - Howell

F SB515

Impoundment of motor vehicle for driving without an operator's license. Allows law enforcement to use a portable device to fingerprint a person who drives without having been issued a license and requires the Central Criminal Records Exchange to receive, classify, and file any fingerprints submitted for such a violation. The bill also provides that any adult who is arrested for driving without an operator's license after previously being convicted of the same offense shall suffer a 30-day impoundment of his motor vehicle.
Patron - Cuccinelli

F SB548

Presumption against bail. Provides a presumption against bail for a person charged with failure to appear.
Patron - Hurt

F SB626

F SB628

Waiving interest during period of incarceration. Authorizes the circuit court, for good cause shown and upon motion of the defendant, to waive interest on unpaid fines and costs imposed by a judgment of that court that accrued during any period that the defendant was incarcerated.
Patron - Ticer

F SB639

F SB677

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 - Puckett

F SB733

Presumption against admission to bail for illegal aliens. Adds a presumption, subject to rebuttal, against admitting to bail any alien who has committed any criminal offense and is an alien who is present in the United States illegally and subject to detention by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security. This bill has been incorporated into SB 623.
Patron - Smith

Carried Over

C HB553

Deferred disposition. Allows a court to defer disposition in and discharge and dismiss any criminal case.
Patron - Griffith

C HB587

Restitution; juvenile. States that if the juvenile is under the age of 16, the court may not order restitution exceeding $2,500 and that in any case of juvenile restitution, the court may order the parents of the juvenile to pay.
Patron - Marsden

C HB996

Presumption of no bail upon conviction of a violent felony. Provides that when a judicial officer considers bail, he shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person has been convicted of, but not sentenced for, any crime for which bail is presumed unavailable at charge, a violent felony as defined in § 17.1-805, or an attempt to commit any such offense.
Patron - Bell

C HB1209

Deferred disposition. Allows a court to defer disposition in, and discharge and dismiss, any criminal case. Currently, discharge and dismissal is available only for certain crimes and with specific conditions.
Patron - Melvin

C HB1336

C HB1520

Failure to comply with sentencing order; penalty. Creates a Class 1 misdemeanor for willfully and knowingly failing to surrender to jail at the time ordered by the court.
Patron - Massie

C SB275

Mentally ill defendants; treatment. Adds a provision that a defendant in a criminal matter may be hospitalized if so seriously mentally ill as to be unable to care for himself. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing and after sentencing. The bill specifies that the evaluation must be done in person by an employee of the community services board or its designee who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Patron - Cuccinelli

C SB369

C SB440

C SB638

Notification of service of protective order. Provides that persons who have obtained a protective order shall receive notice of the service of such order by the local police department, sheriff's office, or other law-enforcement agency that served the order on the person subject to the order. The notification may be made through the Virginia Statewide VINE (Virginia Information and Notification Everyday) System.
Patron - Ticer

C SB771

Extradition. Clarifies that a sheriff or police chief of a locality may hire a private entity to perform extraditions on behalf of the Commonwealth.
Patron - Hurt

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Criminal Procedure

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