General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Commonwealth Public Safety

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Commonwealth Public Safety

Passed

P HB462

Department of Criminal Justice Services; regulation of locksmiths. Sets up a regulatory scheme for the regulation of locksmiths by the Criminal Justice Services Board.
Patron - Albo

P HB838

Board for Criminal Justice Services; establishment of Executive Committee. Authorizes the Board for Criminal Justice Services to establish an Executive Committee comprising the Chairman and seven members of the Board to take actions on behalf of the Board including hearing an appeal by a regulant of a determination of a violation of the regulations promulgated by the Board. Under the bill, decisions made by the Executive Committee affirming a violation of any regulation promulgated by the Board shall be subject to judicial review in accordance with the Administrative Process Act.
Patron - Sherwood

P HB844

Crimes Against Minors and Sex Offender Registry. Allows the State Police to provide the Statewide Automated Victim Notification (SAVIN) system with Registry data in an electronic format to the Compensation Board for verification of registrant status and notification of victims and law enforcement. This bill incorporates HB 1376. This bill is identical to SB 74.
Patron - Sherwood

P HB866

Department of Criminal Justice Services; bail bondsmen; limitation on licensure. Allows a spouse or person living in the same household as enumerated persons (e.g. employees of sheriff's offices, regional jails, and police departments, etc.) to be a licensed bail bondsman if the enumerated person is not a sworn officer or has no access to the records of inmates.
Patron - Johnson

P HB902

Registration procedures under the Sex Offender and Crimes Against Minors Act. Specifies that the vehicle information currently required to be filed with the registration as a sex offender is motor vehicle, watercraft and aircraft information.
Patron - Mathieson

P HB1044

Sex Offender Registry. Makes it clear that persons convicted under certain Code sections that were amended by the 2007 General Assembly must register even though the sections have been rewritten. The bill requires the registration of any conviction of crimes involving use of a communications system to facilitate certain offenses involving children rather than current law which requires registration only when the victim is a minor or is physically helpless. The bill also revises definitions to make it clear that an out-of-state conviction for a registerable offense has the same status as a Virginia conviction. This bill is identical to SB 114.
Patron - Watts

P HB1236

The Department of Criminal Justice Services; powers and duties. Requires the Department of Criminal Justice Services to establish compulsory training standards and publish a model policy for law-enforcement personnel regarding death notifications.
Patron - Merricks

P HB1395

Policies for responding to crimes involving sexual assault. Requires that the Department of State Police, local law-enforcement agencies and campus police departments establish written policies and procedures regarding response to incidents involving sexual assault. The Department of Criminal Justice Services is directed to provide law-enforcement agencies with technical support and assistance in developing the policies and procedures and to submit a report on the status of implementing such policies and procedures. A Code section on domestic violence procedures is moved from Title 19.2 to Title 9.1.This bill is identical to SB 786.
Patron - Bell

P SB74

P SB114

P SB590

Sex offenders; registration; penalty. Makes various amendments addressing the Sex Offender and Crimes Against Minors Registry including which crimes require what level of registration and the length of registration (15 years prior to petition, 25 years prior to petition, or life) in order to ensure that Virginia law complies with the federal Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16901 et seq.). The bill also allows persons convicted of carnal knowledge of a child 13 or 14 years of age to register as a regular sex offender rather than a violent sex offender if the person convicted was more than five years older than the victim.
Patron - Howell

P SB786

Failed

F HB10

Line of Duty Act; definition of deceased person; fire company personnel of the Virginia National Guard and the Virginia Air National Guard. Includes under the coverage of the Line of Duty Act individuals employed as fire company personnel for the Virginia Air National Guard or the Virginia National Guard's Fort Pickett Reserve.
Patron - Wright

F HB100

Law-Enforcement Officers Procedural Guarantee Act; definitions. Includes deputy sheriffs under the coverage of the Law-Enforcement Officers Procedural Guarantee Act.
Patron - Poisson

F HB271

Line of Duty Act. Amends the definition of "deceased person" to include an individual who suffers a heart attack or stroke during nonroutine, stressful, or strenuous law-enforcement situations, fire suppression, rescue, or other such activities and who suffers the heart attack or stroke while engaged in the activity or not later than 24 hours after the activity. The bill also allows for the $100,000 payment to the beneficiary of the deceased to be annually adjusted to reflect changes in the Consumer Price Index.
Patron - Miller, P.J.

F HB552

Removal of name and information from sex offender registry. Provides that any person required to register, other than a person who has been convicted of any (i) sexually violent offense, (ii) two or more offenses for which registration is required, (iii) a violation of former § 18.2-67.2:1, or (iv) murder, may petition the circuit court for removal of his name and all identifying information from the sex offender registry on or after July 1, 2008, whose offense requiring registration was committed before July 1, 1994 (inception of the registry). Currently such a person may not be on file for such removal earlier than 10 years after the date of initial registration.
Patron - Griffith

F HB562

Criminal Justice Services Board; Committee on Training; membership. Increases the membership of the Committee on Training from 14 to 15 members by adding a representative of the Virginia Association of Directors of Criminal Justice Training.
Patron - Crockett-Stark

F HB563

Criminal Justice Services Board; membership. Increases the membership of the Criminal Justice Services Board from 29 to 30 by adding an individual who is a director of a criminal justice training academy, to be appointed by the Governor after consideration of the names submitted by the Virginia Association of Directors of Criminal Justice Training.
Patron - Crockett-Stark

F HB701

Sex Offenders and Crimes Against Minors Registry Act. Allows a local law-enforcement agency to charge a person who is required to register pursuant to the act an administrative fee, not to exceed $24.
Patron - BaCote

F HB964

Sex offender registry; penalties. Provides that any failure to register is a Class 6 felony; under current law failure to register for an offense other than a sexually violent offence or murder is a Class 1 misdemeanor and a second or subsequent conviction is a Class 6 felony. The bill requires the revocation of probation or parole if a person is convicted of failure to register and is on probation or parole for a sex offense or for failure to register. The bill specifies that similar offenses in other countries and states require registration, whether they are under existing or former laws.
Patron - Shannon

F HB998

Line of Duty Act; definition of disabled person. Amends the definition of disabled person, for purposes of the Line of Duty Act, to include permanently disabled local employees who were injured in the line of duty on or after January 1, 1990. The Act currently provides health insurance coverage to eligible disabled state employees retroactively to 1966, but is not retroactive for disabled local employees.
Patron - Bell

F HB1376

Crimes Against Minors and Sex Offender Registry. Allows the State Police to provide the Statewide Automated Victim Notification (SAVIN) system with Registry data in an electronic format to the Compensation Board for verification of registrant status and notification of victims and law enforcement. This bill has been incorporated into HB 844.
Patron - Morrissey

F HB1436

Line of Duty Act; definitions; funding for Line of Duty Health Benefits Trust Fund. Includes local employees disabled on or after January 1, 1966, in the definition of "disabled employee." The bill also provides for a $1 fee to be collected from alarm company operators for each alarm system monitored and a $5 fee to be collected for processes and services in civil proceedings to provide funding to the Line of Duty Health Benefits Trust Fund.
Patron - Bulova

F SB41

Line of Duty Act; definitions; funding for Line of Duty Death and Health Benefits Trust Fund. Includes local employees disabled on or after January 1, 1966, in the definition of "disabled employee." The bill also provides for a $1.50 fee to be collected per month from alarm company operators for each alarm system monitored and a $5 fee to be collected for processes and services in civil proceedings to provide funding to the Line of Duty Death and Health Benefits Trust Fund. This bill is identical to SB 329.
Patron - Reynolds

F SB76

Law-Enforcement Officers Procedural Guarantee Act. Makes several changes as to the process and procedures afforded to officers under the procedural guarantee act, clarifying several existing rights and setting forth specific procedures for the questioning of officers and the conduct of a disciplinary hearing. This bill incorporates SB355.
Patron - Cuccinelli

F SB269

Law-enforcement; overtime compensation. Extends the coverage under the overtime compensation for law-enforcement employees and firefighters, etc., to include the Department of State Police. The bill will become effective only if an appropriation of general funds effectuating the purposes of the bill is included in the appropriations act.
Patron - Deeds

F SB281

Offender registration; local fee. Allows local law-enforcement agencies to charge a fee, not to exceed $24, for registration or reregistration of certain offenders.
Patron - Miller, J.C.

F SB329

F SB355

Law-Enforcement Officers Procedural Guarantee Act. Makes several changes in the process and procedures afforded to officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation. The bill also grants the officer under investigation an opportunity to review the file at the conclusion of the investigation. This bill has been incorporated into SB 76.
Patron - Deeds

F SB659

Office of Commonwealth Preparedness and the Department of Criminal Justice Services; gang prevention. Directs the Office of Commonwealth Preparedness to work with localities and other state agencies in identifying links between terrorism and gang-related activities and to coordinate with the Department of Criminal Justice Services to obtain federal grants related to gang prevention programs.
Patron - Miller, Y.B.

Carried Over

C SB16

Crisis intervention pilot programs for persons with mental illness. Permits the Department of Criminal Justice Services to establish crisis intervention team pilot programs in areas of the state by January 1, 2009. The crisis intervention team pilot programs shall assist law-enforcement officers in responding to crisis situations involving persons with mental illness, substance abuse problems, or both. By November 1, 2008, the Department shall submit to the Joint Commission on Health Care a report outlining the plan for the program. The Department, in consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall establish a training program for all persons involved in the crisis intervention team pilot programs. Each crisis intervention team shall develop a protocol that permits law-enforcement officers to release from custody persons whom they encounter in crisis situations when the crisis intervention team has determined the person is sufficiently stable. The Department shall evaluate and report annually to the Joint Commission on Health Care on the impact and effectiveness of the crisis intervention team pilot programs.
Patron - Edwards

C SB65

Community criminal justice boards; membership. Adds a provider and consumer of mental health services to the membership of community criminal justice boards.
Patron - Howell

C SB372

Placement of juveniles on the sex offender registry. Provides that juveniles adjudicated delinquent for an offense for which registration on the sex offender registry is required and who are 12 years of age or older at the time of the offense shall be required to register.
Patron - Stuart

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Commonwealth Public Safety

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