Crimes and Offenses Generally Passed HB42 Trespassing upon grass in Capitol Square. Repeals the "crime" and five-dollar fine for walking on the grass in Capitol Square without permission. Patron - Landes HB79 Possession or transportation of firearms or concealed weapons by convicted felons. Provides that a person who has been convicted of a felony may not petition a circuit court for a permit to possess or transport a firearm unless his civil rights have been restored by the Governor or other appropriate authority. Patron - Guest HB103 Possession of controlled substances. Allows all jail officers (sworn employees of a correctional facility) certified as handlers of dogs trained in the detection of controlled substances to possess controlled substances or marijuana when necessary in the performance of their duties. Patron - Davies HB104 Police dogs. Provides that injuring an animal owned, used or trained by a regional jail while the animal is engaged in his duties or while off-duty and penned or caged is a Class 5 felony and requires that the defendant pay restitution. These provisions currently apply to animals owned, used or trained by law-enforcement agencies and the Department of Corrections. Patron - Davies HB275 Computer trespass. Adds halting or otherwise disabling any computer data, computer programs, or computer software from a computer or computer network to the crime of computer trespass, and reduces the penalty from a Class 1 to a Class 3 misdemeanor. If such act is done recklessly and causes $2500 or more in damages, it is punishable as a Class 1 misdemeanor; if done maliciously, it is punishable as a Class 6 felony. The bill also preserves the ability to include terms or conditions in a contract or license relating to computers, data, networks, operations, programs, services, or software. Patron - May HB288 Larceny; firearms. Reconciles §§ 18.2-95 and 18.2-108.1, which both make larceny of a firearm not from the person of another a felony but have different penalties. Currently, under § 18.2-95 the penalty is not less than one year nor more than 20 years of state imprisonment and under § 18.2-108.1, the penalty is a Class 6 felony (not less than one year nor more than five years imprisonment). This bill eliminates the § 18.1-108.1 provision, thereby making the penalty be not less than one year nor more than 20 years of state imprisonment. Patron - Clement HB386 Charitable gaming. Removes the exemption for certain localities in Tidewater to charge gross receipt, entertainment, admission or other taxes based on the revenues of charitable organizations derived from conducting charitable gaming. The City of Norfolk is the only locality to charge such taxes. Patron - Hamilton HB391 Stalking and stalking protective orders. Provides that the violation of a stalking protective order (SPO) is a Class 1 misdemeanor and that prosecution of such violation bars a finding of contempt for the same act. The bill also allows warrantless arrest for stalking, makes violation of a stalking protective order a trespass, prohibits those subject to SPOs from purchasing or transporting firearms, clarifies the term of effectiveness of an emergency SPO, allows a fax copy of an SPO to be served, clarifies that only electronically issued SPOs need be verified by a court, and adds auxiliary police officers to those who may request SPOs. Technical amendments, similar to those included in HB 593 for protective orders in cases of family abuse, are included in this bill. Patron - Moran HB392 Crimes; stalking. Increases the penalties for the first offense of stalking from a Class 2 misdemeanor to a Class 1 misdemeanor. Patron - Moran HB411 Taking indecent liberties with children. Creates a new crime, punishable as a Class 4 misdemeanor, for a juvenile over the age of 13 but under 18 to knowingly and intentionally, with lascivious intent, expose his or her sexual or genital parts to any other child under the age of 14 who is at least five years the accused's junior. Patron - Byron HB470 Crimes; charitable gaming. Defines "reasonable and proper business expenses" and allows a charitable organization to use its gross receipts from bingo for these expenses. The effective date of the act is October 1, 1998. Patron - Diamonstein HB651 Written threats communicated to people. Provides that if any person writes or composes or sends any form of electronic communication producing a visual or electronic message, containing a threat to kill or do bodily injury to a person, he shall be guilty of a Class 6 felony. The law formerly only included written communication. Now an e-mail message will be included. Patron - Bryant HB664 Drug assessment of certain offenders. Requires all felons and those persons convicted of Class 1 or 2 misdemeanor drug and alcohol offenses to undergo drug assessment to be provided by VASAP. The bill also requires all persons convicted of a felony drug offense to pay $150 for each conviction into a drug assessment fund, newly created by this bill, upon conviction. The fee can be waived or reduced, upon a finding by the court that the person is unable to pay. The $100 fee which formerly was assessed, payable to the general fund, is no longer collected. The bill also requires all persons convicted of a misdemeanor drug offense to pay $75 into a drug assessment fund upon conviction. The $50 fee which formerly was assessed, payable to the general fund, is no longer collected. If the person enters a program and is given a restricted driver's license, the court must require that the person operate only a vehicle equipped with an ignition interlock device. The provisions applicable to ignition interlock devices in DUI cases also apply in these cases. This bill and SB 317 are recommended by the Crime Commission. Patron - Almand HB729 Criminal history record information check for transfer of firearms. Eliminates language which purports to require the receipt of criminal history records information prior to a sale by a licensed dealer. The change makes clear the sale may go forward if the seller requests criminal history information from the State Police, but does not receive a response within a full business day. Patron - Cox HB756 Gambling; help for compulsive gamblers. Requires the Virginia Charitable Gaming Commission and the Virginia Racing Commission to require their respective licensees to post a sign in a conspicuous place which bears a toll-free telephone number for "Gamblers Anonymous" or other organization which provides assistance to compulsive gamblers. Patron - Tata HB757 Concealed handguns. Referred to as the omnibus concealed handgun bill, the bill contains a number of provisions. It allows retired special ABC Board agents with a service related disability or 15 years of service to carry a concealed handgun with permission from the Board in lieu of obtaining a permit and includes a reciprocity provision for the entire class of retired law-enforcement officers exempt from obtaining a permit. The bill allows the court that issued a concealed handgun permit to suspend the permit of an individual charged with a felony or other specified charges. The bill also allows the issuing court to suspend a permit held by a person adjudicated mentally incapacitated or involuntarily committed subsequent to receiving the permit. The bill clarifies that applications are complete when all required information is furnished to the clerk, thus triggering the 45-day period for issuance. It also eliminates the requirement that the permit include the holder's social security number and provides that a person found guilty of being under the influence and carrying a concealed handgun forfeits his permit for five years. The bill allows any sworn law-enforcement officer to carry a concealed handgun in a restaurant or club. Retired Immigration and Naturalization Service law-enforcement officers are added to the list of retired law-enforcement officers exempt from the regular permit fee. This bill combines HBs 520, 558, 614, and 954. Patron - Tata HB768 Ineligibility for concealed handgun permit. Renders a person ineligible for a concealed handgun permit who, within three years of his application, was convicted of a drug offense or who was charged with a drug offense and given a deferred disposition under the Virginia first offender statute or a substantially similar law of another jurisdiction. Patron - Hull HB1154 Partial birth abortion. Prohibits partial birth abortions. The bill defines "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally delivers a living fetus or a substantial portion thereof into the vagina for the purpose of performing a procedure the person knows will kill the fetus, performs the procedure, kills the fetus and completes the delivery. The bill also provides for review, at the request of the physician, by a three-member physician committee to be known as the medical necessity advisory committee, of the doctor's actions, with the results to be available as evidence at his trial. The offense is punishable as a Class 1 misdemeanor. This bill is identical to SB 552. Patron - McClure HB1420 Capital murder. Expands capital murder to include the willful, deliberate and premeditated killing of any person under the age of 18 by an adult. Patron - Phillips SB199 Crimes; offenses involving telecommunications devices. Makes it illegal (Class 6 felony) to possess an unlawful telecommunications device (cloned phone) and equipment used to create an unlawful telecommunications device with intent to manufacture a cloned phone. The bill enhances the penalty for possession of a cloned phone and sale of a cloned phone from a Class 1 misdemeanor to a Class 6 felony. Patron - Reasor SB222 Crimes; murder. Makes clear that animate object penetration is a predicate crime for first degree felony murder. Patron - Quayle SB275 Concealed weapons. Provides that retired law-enforcement officers who are exempt from the need to obtain a permit in order to carry a concealed weapon, are nonetheless considered to be permit holders for purposes of applying the reciprocity provisions. A copy of proof of exemption is to be kept on file at VEIN (Virginia Criminal Information Network). Incorporates SB 387 and SB 455. Patron - Potts SB317 Drug assessment of certain offenders. Requires all felons and those persons convicted of Class 1 misdemeanor drug and alcohol offenses to undergo drug assessment. The bill also requires all persons convicted of a felony drug offense to pay $150 into a drug assessment fund, newly created by this bill, upon conviction. The $100 fee which formerly was assessed, payable to the general fund, is no longer collected. The bill also requires all persons convicted of a misdemeanor drug offense to pay $75 into a drug assessment fund upon conviction. The $50 fee which formerly was assessed, payable to the general fund, is no longer collected. The bill requires that the person enter a drug treatment program and if convicted of a second offense DUI within five years of a prior conviction and given a restricted driver's license, the court must require that the person operate only a vehicle equipped with an ignition interlock device. The provisions applicable to ignition interlock devices in DUI cases also apply in these cases. This bill and HB 664 are recommended by the Crime Commission. Patron - Stolle SB426 Threats. Makes threats made by any form of communication which produces a written message punishable as a Class 6 felony. Patron - Newman SB452 Virginia Charitable Gaming Commission; definitions; prohibited practices. Adds definition of gaming expenses and reasonable and proper business expenses. The bill also clarifies that the gross receipts derived by qualified organizations may be used for gaming expenses and reasonable and proper business expense. In addition, the bill prohibits the use of charitable gaming proceeds for an organization's social or recreational activities. The bill has an effective date of October 1, 1998 Patron - Stolle SB552 Partial birth abortion. Prohibits partial birth abortions. The bill also defines "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally delivers a living fetus or a substantial portion thereof into the vagina for the purpose of performing a procedure the person knows will kill the fetus, performs the procedure, kills the fetus and completes the delivery. The offense is punishable as a Class 1 misdemeanor. This bill also allows a physician charged with performing a partial birth abortion to request a review by a medical necessity advisory committee on whether the operation was necessary to save the life of the mother. A report concerning the findings of the committee will be filed with the court in which the criminal prosecution is pending. No woman may be prosecuted under this provision for conspiracy or any other offense arising out of the performance of a partial birth abortion. This bill is identical to HB 1154. Patron - Newman SB631 Concealed handgun permits. Allows the 15 years of service for retired law-enforcement officers who may carry a concealed handgun without a permit to be served in a combination of law-enforcement agencies. Patron - Forbes SB696 Prohibiting sale of tobacco from vending machines. Requires that tobacco products be sold only from vending machines on which a notice of the prohibition of youth purchases is posted and only if the machine is located in a place not normally frequented by minors unless accompanied by an adult. Patron - Mims Failed HB15 Eluding police. Raises the penalty for eluding police from a Class 1 misdemeanor to a Class 6 felony, and eluding police and causing injury from a Class 6 felony to a Class 5 felony. Incorporated in HB 259. Patron - Davies HB56 Possessing a dangerous weapon in a publicly owned recreation or community center; penalty. Allows the governing body of any county with an urban county executive form of government to adopt an ordinance making the possession of a dangerous weapon in a publicly owned recreation or community center a Class 1 (or less) misdemeanor. Exceptions are included for law-enforcement and court personnel. Patron - Hull HB73 Infected sexual battery. Creates the crime of infected sexual battery, accomplished by having intimate sexual contact with someone while infected with gonorrhea or syphilis or HIV and not having informed that person of the offender's diseased status and received consent to have sex with that person. Incorporated in HB 296. Patron - McEachin HB107 Capital murder. Adds to the capital murder statute the murder of a child under the age of 16 by an adult in a supervisory or custodial role. This bill is incorporated into HB 1420. Patron - Sherwood HB201 Reporting of sexually explicit visual material involving a minor and appearing on the web. Requires that a person who has reason to suspect that sexually explicit visual material which has as its subject a person less than 18 years of age and which appears on, is transmitted by or through, or can be accessed, reproduced or downloaded via a commercial computer system or service maintained or offered by the person report the matter within 24 hours to the State Police. Failure to report results is a fine of no more than $500 for the first offense and no more than $1000 nor less than $100 for the second or subsequent offense. Patron - Marshall HB202 Taking indecent liberties with children; criminal solicitation of children. Increases from a Class 6 felony to a Class 5 felony any act deemed an indecent liberty with a child if such act is accomplished by use of a computer and raises the penalty for criminal solicitation of a minor from a Class 5 to a Class 4 felony if committed by use of a computer. Patron - Marshall HB203 Forced or assisted suicide. Establishes a Class 6 felony punishment for assisting another person to commit or attempt to commit suicide by physical means or by publicly advertising suicide assistance. If fraud or duress is used to commit the violation, the act of assisting is punishable as a Class 5 felony. Commonwealth's attorneys and certain relatives of the person may sue to enjoin a suicide and may recover damages resulting from a suicide or attempt. Attorney's fees are recoverable in such actions. Patron - Marshall HB223 Driving under the influence. Requires the imposition of additional minimum, mandatory jail terms upon conviction if the accused's blood alcohol level was 0.20 or more. For a first offense, if the level was 0.20 but less than 0.25, the mandatory confinement is for five days, or if the BAC is 0.25 or more, 10 days. For any second offense within 10 years or any subsequent offense, if the BAC was 0.20 but less than 0.25, the term is 10 days; if 0.25 or more, 20 days. This bill is incorporated into HB 1379. Patron - Mims HB236 Eluding police. Raises the penalty for (i) eluding police from a Class 1 misdemeanor to a Class 6 felony and (ii) eluding police and causing injury from a Class 6 to a Class 5 felony. This bill is incorporated into HB 259. Patron - Rollison HB247 Marijuana. Includes within the definition of marijuana the plant's stalks, fiber, oil or cake if any such substances are combined with and intended for distribution along with other marijuana plant parts and includes seeds under any circumstances. This bill is incorporated into HB 268. Patron - Woodrum HB248 Destroying unborn child. Makes it a Class 4 felony to kill a child during parturition if the child would have otherwise been born alive. The offense includes partial birth abortions. Patron - Marshall HB281 Marijuana. Includes within the definition of marijuana the plant's stalks, fiber, oil or cake if any such substances are combined with and intended for distribution along with other marijuana plant parts and includes seeds under any circumstances. This bill is incorporated into HB 268. Patron - Devolites HB307 Crimes; prostitution while infected with HIV. Increases the penalty for prostitution to a Class 5 felony if committed while knowingly infected with HIV and allows the use of the test results in a subsequent prosecution for prostitution. Patron - Jones, D.C. HB315 Sanctions for refusal take a breath test pursuant to a DUI stop. Allows a person who is found to have unreasonably refused to take a DUI breath test to drive on a restricted license for the period of the mandatory one-year license suspension. Patron - Robinson HB359 Reckless driving. Clarifies that only a conviction of reckless driving charged under Article 7 of Chapter 8 of Title 46.2 or a similar ordinance of any county, city or town acts as a bar to a conviction of driving under the influence when both offenses grew out of the same act. Patron - Albo HB367 Wearing of body armor while committing a crime; penalty. Criminalizes the wearing of body armor while committing any felony as opposed to the crimes specified in current law. The bill also imposes a minimum, mandatory sentence of three years incarceration without suspension. Patron - Weatherholtz HB381 Drug offenses. Increases the punishment for being a drug kingpin to a Class 1 felony and makes the unlawful manufacture, sale, distribution or possession with intent to manufacture, sell or distribute six or more grams of a detectable amount of heroin or 28 or more grams of a detectable amount of cocaine punishable as a Class 1 felony (death or life imprisonment). Patron - Joannou HB395 Driving under the influence. Makes a third offense DUI committed within 10 years of a prior offense punishable as a Class 6 felony. The minimum, mandatory fines and terms of confinement remain the same. The maximum term of confinement, however, is changed by the elevation to a felony. This bill is incorporated into HB 389. Patron - Dudley HB429 Prostitution; penalty. Increases the penalties for subsequent convictions of prostitution and related offenses to require imposition of at least a 30-day sentence upon a second conviction and to make a third conviction punishable as a Class 6 felony. Convictions under substantially similar laws in other jurisdictions will be considered prior convictions. This bill is incorporated into HB 422. Patron - McEachin HB436 Denying stalkers weapons. Prohibits the possession of a firearm by a person convicted of stalking, sexual battery, or family member assault and battery, on a first conviction, for five years, and on a second or subsequent conviction, permanently. Patron - Scott HB520 Concealed weapons. Allows the court that issued a concealed handgun permit to suspend the permit of an individual charged with a felony or other specified charges. Currently the permit can be suspended only by the court before which the charges are pending. The bill also allows the issuing court to suspend a permit held by a person adjudicated mentally incapacitated or involuntarily committed subsequent to receiving the permit. Currently there is no statutory authority to suspend a permit under these circumstances. The provisions of this bill were incorporated into House Bill 757. Patron - Armstrong HB538 Virginia Charitable Gaming Commission; powers. Authorizes the Virginia Charitable Gaming Commission to approve, by regulation, the use by qualified organizations of electronic or mechanical equipment, commonly referred to as "instant ticket vending machines," used for dispensing instant bingo cards, or pull tabs or seal cards used as a part of a raffle, provided such equipment results in charitable gaming which is conducted in a manner consistent with the charitable gaming law. The bill also repeals an obsolete provision relating to transitional powers of the Commission. Patron - Jones, J.C. HB614 Carrying concealed weapons. Extends the privilege to carry concealed weapons without a permit to any special agent retired from the Alcoholic Beverage Control Board. The current privilege for retired officers is limited to retired officers of the State Police or any local police department or sheriff's office. The provisions of this bill were incorporated into House Bill 757. Patron - Parrish HB846 Battery of a sports official. Provides for a mandatory period of incarceration of two days when the object of a battery is a sports official and six months' mandatory incarceration if a gun is used. Patron - Reid HB856 Destruction of weapons. Reiterates the duty of law-enforcement agencies to make reasonable attempts to notify the rightful owner of a weapon prior to destruction of the weapon. Patron - Putney HB862 Parental notification. Includes within the definition of "authorized person" to whom notice must be given prior to a minor's abortion an aunt or uncle related to the minor by blood who lives in the Commonwealth or within 50 miles of any border of the Commonwealth. Patron - Watts HB882 Crimes against nature. Decriminalizes the act of a person who carnally knows any male or female person who is 18 years of age or older. Patron - Darner HB920 Firearm locks required for sale or transfer of firearms. Makes it unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun (i) to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun or (ii) to any person, unless the handgun is accompanied by a warning in conspicuous and legible type in capital letters printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun, warning that handguns should be locked and kept away from children and that there may be civil and criminal liability for failing to do so. Patron - Darner HB954 Concealed weapons. Provides that retired law-enforcement officers who are exempt from the need to obtain a permit in order to carry a concealed weapon are nonetheless considered to be permit holders for purposes of applying the reciprocity provisions. The provisions of this bill were incorporated into House Bill 757. Patron - Armstrong HB996 Charitable gaming; exemptions from audit fee and financial reporting. Provides that beginning July 1, 1998, organizations which expect to realize annual gross receipts between $25,000 and $75,000 shall pay a one percent audit and administration fee instead of the one and one-quarter percent fee. The bill also clarifies that organizations grossing less than $25,000 annually are exempt from obtaining a permit, paying the audit and administration fee, and filing financial reports. The bill also contains a technical amendment. Patron - Bloxom HB1022 Assuming the identity of another with intent to defraud. Provides that any person who, with the intent fraudulently to (i) obtain credit, goods or services, (ii) avoid the payment of debt or other legal obligation or (iii) avoid prosecution for a crime, assumes the identity of another person, is guilty of a Class 1 misdemeanor. This bill is incorporated into HB 472. Patron - Grayson HB1087 Crimes; unlawful name change; penalty. Raises from a Class 3 to a Class 1 misdemeanor the penalty for unlawful name change. This bill is incorporated into HB 472. Patron - McEachin HB1088 Sale of tobacco products to minors. Redefines "person" in the law governing sale of tobacco to minors to include any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity. The bill clarifies the liability for illegal sale may extend to other than a human individual. Patron - Bryant HB1125 Concealed weapons; reapplication for permit. Requires that the clerk of the circuit court which originally issued a concealed handgun permit mail notice of the expiration of the permit to the last known address of the permittee six months prior to its expiration. Patron - Behm HB1193 Virginia Charitable Gaming Commission; enforcement. Divests the agents and employees of the Virginia Charitable Gaming Commission of authority to enforce the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of any county, city or town. The bill also requires the Commission to report any criminal violation to the appropriate attorney for the Commonwealth. Patron - O'Brien HB1258 Carrying loaded firearms in public areas; penalty. Redefines "firearm" for the purposes of the section which prohibits carrying loaded firearms in public areas in cities with populations of 160,000 or more or in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government, to mean a handgun or other weapon intended to propel a missile of any kind. Patron - Baskerville HB1260 Dangerous weapons; parks. Authorizes localities to adopt ordinances prohibiting persons from possessing or transporting certain dangerous weapons (e.g., guns, tasers, ammunition, dirks, knives, etc.) in locally owned parks, subject to exceptions for law-enforcement personnel, judges, etc. A violation is punishable as a Class 1 misdemeanor. Patron - Baskerville HB1285 Dangerous weapons; banks; hospitals. Authorizes localities to adopt ordinances prohibiting persons from possessing or transporting certain dangerous weapons (e.g., guns, tasers, ammunition, dirks, knives, etc.) in banks and hospitals, subject to exceptions for law-enforcement personnel. A violation is punishable as a Class 1 misdemeanor. Patron - Jones, D.C. HB1371 Informed consent. Requires that certain information regarding a particular pregnancy and abortion procedure be provided at least 24 hours in advance, to comply with the informed written consent mandate. The required information includes a medical explanation of the nature, benefits, alternatives and risks; the instruction that consent may be withdrawn at any time; an offer to answer any questions and to provide additional information; a statement of probable gestational age of the fetus at the time the abortion is to be performed, etc. The physician is not required to obtain informed written consent if there is a medical emergency. The penalty for failure to follow these requirements is a $2,500 civil penalty. Patron - McDonnell HB1407 Charitable gaming. Increases from two days to four days the number of calendar days in any one calendar week that a building or other premises can be utilized in whole or in part for the purpose of conducting bingo games. Patron - Joannou SB130 Dangerous weapons; recreational facilities. Authorizes localities having an urban county executive form of government to adopt ordinances prohibiting persons from possessing or transporting certain dangerous weapons (e.g., guns, tasers, ammunition, dirks, knives, etc.) into county-owned or -operated community or recreation centers, subject to exceptions for law-enforcement personnel, judges, persons with a concealed weapons permit, etc. A violation is punishable as a Class 1 misdemeanor. Patron - Gartlan SB141 Driving under the influence; penalty. Makes a third offense of driving under the influence committed within 10 years of the first punishable as a Class 6 felony. The minimum, mandatory fines and terms of confinement remain the same. The current penalty for this offense is a Class 1 misdemeanor. This bill was combined with SB 178. Patron - Reynolds SB149 Capital murder; neighborhood watch. Makes it a capital offense to kill a member of any duly organized crime prevention program when the person killed is performing his duties as a member of the program and the killing is for the purpose of interfering with the performance of those duties. Patron - Colgan SB159 Hate crimes and offenses. Expands the Code sections punishing hate crimes and hate-motivated civil offenses to include (i) animosity based upon gender or sexual orientation and (ii) the proviso that the offense exists notwithstanding the offender's mistaken belief about the race, ethnicity, gender, sexual orientation, or religion of the victim. Patron - Ticer SB198 Murder. Makes the malicious, intentional killing of a fetus murder if done maliciously, with intent to kill the woman or fetus and the fetus was viable. This does not include abortion, and knowledge of the woman's pregnancy or the existence of the fetus is irrelevant. The pregnant woman may not be prosecuted. Patron - Forbes SB271 Capital punishment. Authorizes imposition of the death penalty upon conviction of a second or subsequent sexually violent offense (i.e., rape, forcible sodomy, object penetration and aggravated sexual battery). Patron - Potts SB274 Concealed weapons permits. Authorizes automatic renewal of the permit if application is made therefor prior to expiration of the existing permit. Patron - Reasor SB342 Concealed weapons. Exempts persons in their place of business from the requirements of the section which prescribes the rules for lawful carrying of concealed weapons, but imposes a penalty upon those persons (Class 1 misdemeanor plus ineligibility to obtain a permit for five years) and others not required to have a permit to carry a concealed weapon who do so while under the influence of alcohol or drugs in a public place. Proof of conviction of DUI, DUI maiming, DUI manslaughter, possession of marijuana or controlled substances while in possession of a firearm, etc., constitute prima facie evidence that the person was under the influence. The current ban on carrying concealed weapons into certain ABC licensed premises is eliminated. The bill requires the clerk to give a permit applicant written notice of the denial of a permit and extends the time for requesting review at an ore tenus hearing from 10 to 30 days. Application of the rules of evidence at the ore tenus hearing is specified. The time for filing an appeal with the Court of Appeals is extended from 30 to 60 days. Patron - Trumbo SB387 Concealed handgun permit reciprocity. Provides that concealed handgun reciprocity with other states shall be recognized for retired Virginia police officers who have the privilege to carry such weapon but who have not been actually issued a permit. Incorporated in SB 275. Patron - Stolle SB432 Emergency beacon; misuse. Creates a new crime by making it a Class 4 misdemeanor to activate an emergency beacon's flashing light in nonemergency situations. An emergency beacon is an incandescent light bulb capable of continuous and intermittent light which is intended to be used as a steady source of light under normal conditions but, in an emergency, is intended to be activated as a flashing light to direct law-enforcement, firefighting, and medical rescue personnel to the location of an emergency. Patron - Houck SB453 Virginia Charitable Gaming Commission; audit fees. Reduces the maximum audit fee that the Charitable Gaming Commission can charge charitable organizations from one and one-half percent to sixty-five one hundredths of one percent. Patron - Stolle SB455 Concealed weapons. Provides that retired law-enforcement officers who are exempt from the need to obtain a permit in order to carry a concealed weapon, are nonetheless considered to be permit holders for purposes of applying the reciprocity provisions. Incorporated in SB 275. Patron - Wampler SB539 Possession of spray paint by juvenile. Authorizes localities to adopt ordinances making it unlawful for any juvenile to possess any marker or paint implement with the intent to deface property. Patron - Lucas SB583 Crimes against nature. Decriminalizes the act of a person who carnally knows any male or female person who is 18 years of age or older. Patron - Whipple SB698 Crimes; concealed weapons. Authorizes the local law-enforcement agencies to charge and collect from an applicant for a concealed handgun permit, in addition to the $35 fee, the actual cost charged by the FBI for the fingerprint examination and the criminal history record check. This would require the applicant and not the locality to assume the charges. Patron - Maxwell SB713 Driving while intoxicated, third offense. Punishes third offense DUI occurring within a 10-year period as a Class 6 felony. The bill also raises the penalty for DUI/maiming from a Class 6 to a Class 5 felony if the maiming occurs as part of a third offense DUI occurring within 10 years. This bill was combined with SB 178 and SB 141. Patron - Mims Carried Over HB17 Sale of firearm with altered serial number or other identification. Prohibits licensed firearms dealers from selling, trading, or transferring guns whose serial numbers or other marks of identification have been altered or removed. Violation is a Class 1 misdemeanor, identical to the existing penalty for altering or removing the mark. Patron - Mims HB64 Emergency beacon; misuse. Creates a new crime by making it a Class 4 misdemeanor to activate an emergency beacon's flashing light in nonemergency situations. An emergency beacon is an incandescent light bulb capable of continuous and intermittent light which is intended to be used as a steady source of light under normal conditions but, in an emergency, is intended to be activated as a flashing light to direct law-enforcement, firefighting, and medical rescue personnel to the location of an emergency. Patron - Orrock HB71 Crimes; brandishing a firearm. Increases the penalties for brandishing a firearm in the following circumstances: (i) in such a manner as to induce fear in the mind of another of being shot or injured, from a Class 1 misdemeanor to a Class 6 felony; (ii) within 1,000 feet of school property, from a Class 6 felony to a Class 5 felony; and (iii) in such a manner as to reasonably induce fear in the mind of a police officer who is in the performance of his duties of being shot or injured, from a Class 1 misdemeanor to a Class 5 felony. Patron - McEachin HB97 Capital murder. Makes it a capital offense to kill a member of a neighborhood watch program or any other duly organized crime prevention program when the person killed is performing his duties as a member of the program and the killing is for the purpose of interfering with the performance of those duties. Patron - Parrish HB98 Interfering with police officers and firefighters. Punishes as a Class 1 misdemeanor the reckless causing of bodily injury to a police officer or firefighter if caused during conduct intended to impede him in his duties. The bill also prohibits the interference of a police officer's use of his gun or lesser weapon (irritant spray, stun gun) and punishes those crimes as a Class 6 felony and Class 1 misdemeanor, respectively. Patron - Parrish HB175 Disarming a law-enforcement officer. Creates the crime of "disarming a law-enforcement officer" and punishes it as a felony punishable by a term of imprisonment of not less than five nor more than 10 years, to be served consecutively with any other term of imprisonment. Patron - Parrish HB205 Weapons in county facilities; ordinances. Authorizes a county with an urban county executive form of government (Fairfax) to adopt an ordinance making possession of a dangerous weapon in a posted county-owned or -operated facility punishable as a Class 1 misdemeanor. The bill includes exceptions for law-enforcement personnel, judges, etc. Patron - Scott HB220 Prostitution; HIV. Provides that any person guilty of prostitution or solicitation while knowingly infected with HIV is guilty of a Class 5 felony. The results of the HIV test currently required following conviction for prostitution could be released to the Commonwealth's attorney in the jurisdiction of conviction and would be admissible in any subsequent criminal prosecution for prostitution. Patron - Baskerville HB222 Driving while intoxicated, third offense. Punishes third offense DUI occurring within a 10-year period as a Class 6 felony. The bill also raises the penalty for DUI/maiming from a Class 6 to a Class 5 felony if the maiming occurs as part of a third offense DUI occurring within 10 years. Patron - Mims HB251 Capital murder of a spouse or former spouse. Adds to the list of capital crimes the willful, deliberate, and premeditated killing by a husband or wife of his or her spouse or former spouse, if an outstanding spousal protective order was in effect at the time of the murder. Patron - Ruff HB259 Eluding police. Raises the penalty for eluding if interference or endangerment to a law-enforcement vehicle or endangerment of any person results to include a minimum fine of $200 and 10 days in jail, two days of which may not be suspended. The offense remains a Class 1 misdemeanor. Patron - Cantor HB267 Leaving the scene of certain motor vehicle accidents. Makes leaving the scene of the accident a Class 5 felony (in place of the present Class 6 felony) for the driver of any vehicle involved in an accident involving death or injury to a person or damage to attended property. Patron - Day HB268 Drug Control Act; definition of marijuana. Modifies the definition of marijuana to include as "marijuana" (i) any oily extract containing less than 12 percent of tetrahydrocannabinal (THC) by weight, when the oily extract is mixed or intermingled with marijuana and (ii) the mature stalks, fibers, oil, or cake made from the seeds of the plant if mixed with other parts of the plant. The bill also includes every compound, manufacture, salt, derivative, mixture or preparation of the marijuana plant (Genus Cannabis), its seeds or resin. Patron - McEachin HB286 Lottery; redemption of previously redeemed ticket. Provides a basis for the prosecution of a person who knowingly and with intent to defraud presents a previously redeemed ticket. The proposed change provides that such redemption would constitute a criminal act punishable as a Class 6 felony. Patron - Davis HB287 Accessories after the fact. Divides punishment for accessories after the fact into two categories: (i) an accessory after the fact to a felony punishable by more than 10 years (i.e., Class 1, 2 and 3 felonies, carjacking, and drug kingpin), is guilty of a Class 6 felony and (ii) an accessory to a felony punishable by 10 years or less is guilty of a Class 1 misdemeanor. Currently the punishment for any accessory after the fact is a Class 1 misdemeanor. Patron - Davis HB289 Crimes; abduction of guard or other person by juvenile. Makes the abduction, during an attempt to escape, of any person by a juvenile in a secure facility or in the custody of an employee thereof a Class 3 felony. Patron - Clement HB292 Crimes; use or display of firearm during commission of felony. Makes it a felony to use or display an object similar in appearance to a firearm in the commission of a felony, punishable as an offense separate from the primary felony. Patron - Clement HB296 Infected sexual battery. Creates the crime of infected sexual battery when the offender has intimate sexual contact with someone while infected with HIV, unless the offender informed the person of the offender's diseased status and the person consented to sexual contact. Patron - McClure HB309 Forfeiture of driver's license for drug violations. Provides that a person shall forfeit his driver's license for six months if he has proceedings deferred under the provision allowing a Class 6 drug fraud conviction to be reduced to a Class 1 misdemeanor following successful completion of probation terms and conditions. Patron - Landes HB310 Selection of crime victims based upon race, sexual orientation, religious conviction, color or national origin; penalty. Adds a minimum, mandatory term of confinement of six months to the penalty for the following criminal acts if committed because of a person's race, sexual orientation, religious conviction, color or national origin: shooting or stabbing by a mob, assault or battery by a mob, aggravated malicious wounding, communication of death threats, arson of a dwelling, meeting house or other structure and communication of bomb threats. Patron - Almand HB311 Hate crimes. Adds "sexual orientation" to the categories of victims whose selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor or Class 6 felony penalty. The penalty includes a six-month minimum, mandatory sentence, 30 days of which cannot be suspended. The bill also adds the two categories to terroristic act reporting requirements of the State Police, and to availability of specific injunctive relief for acts motivated by hate. Patron - Almand HB320 Abduction and kidnapping; punishment. Provides that abduction for which no punishment is otherwise prescribed is raised to a Class 4 felony from a Class 5 felony. Patron - Orrock HB346 Sexual offenses. Makes carnal knowledge of an inmate, parolee, probationer, or pre- or post-trial offender a Class 6 felony if committed by an employee, contractual employee or volunteer with a state or local correctional facility or regional jail, the Department of Corrections, a local community corrections program or a pre-trial program. The bill also makes sexual abuse of inmates, etc., by staff listed above sexual battery, which is a Class 1 misdemeanor. Patron - Howell HB357 DUI; ignition interlock. Requires the installation and use of an ignition interlock system, for a minimum of 180 days, for any subsequent offense of driving under the influence. Patron - Marshall HB361 Crimes: drug offenders; drug kingpins; money laundering. Creates a comprehensive money laundering act. Although the bill repeals the current money laundering statute, it retains the section's substance, which makes it a felony to conduct a financial transaction knowing the funds are proceeds of a specified unlawful activity: (i) with the intent to promote an unlawful activity or (ii) with the knowledge that the transaction is designed to conceal the nature or source of the proceeds. This bill adds a third condition, making it a felony to conduct a financial transaction knowing the funds are the proceeds of a specified unlawful activity with the intent to avoid reporting the funds. A violation of the act is punishable by imprisonment up to 40 years or a fine of up to $500,000 or twice the value of the property involved, or both imprisonment and a fine. The bill empowers the Attorney General to participate in the investigation and prosecution upon request of the local attorney for the Commonwealth. The act provides for the seizure of any property involved in the laundering scheme, for the freezing of any accounts in a financial institution if a court finds reasonable suspicion exists to believe that some of the proceeds in the account are the proceeds of an unlawful activity and for liability for loss to be imposed upon financial institutions which fail to comply with a request to freeze assets. Failure to file transaction reports required by federal law is made punishable as a state offense. The bill also modifies the definition of criminal enterprise for purposes of the drug kingpin statute to reduce the monetary threshold from $500,000 to $250,000 in annual illegal drug commerce and the amount of cocaine (from 500 to 50 kilos) or heroin (from 100 to 10 kilos) subject to distribution. The bill also provides for a substance abuse evaluation and assessment, prior to disposition or sentencing, of a juvenile found to have violated any provision of the drug use, possession and distribution statutes to determine if the juvenile is amenable to treatment and rehabilitation. For adult offenders and with their consent, the court may order the person committed to jail and defer sentencing for up to 30 days to allow time for a substance abuse assessment and evaluation. Patron - Weatherholtz HB364 Forgery; fraudulent use; driver's licenses; other identification documents. Increases the penalties and scope of laws prohibiting the forgery and fraudulent use of various identification documents. The penalty for obtaining the birth certificate of another with the intent to purchase a firearm is increased from a Class 6 to a Class 5 felony. Selling or transferring a birth certificate or identification document for such purpose remains a Class 6 felony. By cross-referencing the forging public records statute, the term "public record" is defined to include any application for a driver's license, commercial driver's license, or special identification card. The crime of seal forgery is expanded to include the seals of other states, the seal of the United States, and the seal of any federal, state, or local agency. The penalty for making or selling a driver's license or other identification document is increased from a Class 1 misdemeanor to a Class 6 felony; possessing fraudulent identification is increased from a Class 2 to a Class 1 misdemeanor. Unlawfully changing one's name or assuming another name is increased from a Class 3 to a Class 1 misdemeanor. This bill also prohibits the submission of false information in documents which support an application for a special identification card and raises the penalty for submitting a fraudulent application from a Class 2 to a Class 1 misdemeanor. In addition, the statute prohibiting the fraudulent use, display, possession, and reproduction of driver's licenses is expanded to include special identification cards and identification documents, and the penalty for such offenses is increased from a traffic infraction ($200 fine) to a Class 1 misdemeanor. Patron - Weatherholtz HB376 Crimes; obstruction of justice. Increases the penalties for obstruction of justice as follows: for simple obstruction from a Class 2 misdemeanor to a Class 1 misdemeanor; for obstructing by threats or force from a Class 1 misdemeanor to a Class 6 felony; and for obstructing by threats of bodily harm or force or obstructing the investigation of a drug case from a Class 5 felony to a Class 4 felony. Patron - Crittenden HB380 Deadly physical force. Grants the occupant of a dwelling immunity from civil liability or criminal prosecution for any injury or death resulting from the occupant's use of force, including deadly physical force, against a person who has unlawfully entered the dwelling and who the occupant reasonably believes is committing or intends to commit a crime other than the unlawful entry and is likely to use some force against the occupant. The bill is based upon a Colorado statute. Patron - Joannou HB389 Penalty for driving while intoxicated. Creates a Class 6 felony for a third or subsequent conviction of driving under the influence within five years of the first offense and imposes a minimum six-month sentence and $1,000 fine. Patron - Moran HB394 Disarming a law-enforcement officer. Creates the crime of "disarming a law-enforcement officer" and punishes it as a Class 4 felony if the weapon taken is a firearm and as a Class 6 felony if the weapon taken is a stun gun or chemical irritant or baton. Patron - Moran HB397 Accessories after the fact. Prescribes enhanced punishments for accessories who intentionally destroy or attempt to destroy evidence or mislead investigators. The punishments are the same as those authorized for attempts. The bill creates a new crime (Class 1 misdemeanor) of harboring a misdemeanant with notice that the person is being sought by law enforcement in connection with a misdemeanor and knowledge that the person is guilty. Harboring a known felon with similar notice and knowledge is made punishable as a Class 5 felony. These latter offenses, however, retain the family member exceptions applicable under the common law to accessories after the fact. Patron - McDonnell HB404 Mob defined. Includes acts of violence as crimes which if committed by a collection of persons would make the Acts crimes by a mob. Patron - Mims HB412 Crimes; prostitution while infected with HIV. Increases the penalty for prostitution to a Class 5 felony if committed while knowingly infected with HIV and allows the use of the test results in a subsequent prosecution for prostitution. Patron - Byron HB421 Crimes committed in secure juvenile facilities. Makes all of the offenses in subdivisions 1 through 9 of §53.1-203 apply to secure juvenile or detention homes, punishable as a Class 6 felony. Patron - Clement HB422 Prostitution; penalty. Increases the penalties for subsequent convictions of prostitution and related offenses to require imposition of at least a 30-day sentence upon a second conviction and a 60-day sentence upon a third conviction. Convictions under substantially similar laws in other jurisdictions will be considered prior convictions. Patron - Williams HB424 Assault and battery of a custodial employee of the Department of Corrections. Provides that any prisoner who commits an assault or assault and battery upon a custodial employee of the Department of Corrections with bodily fluids or excretions shall be guilty of a felony punishable by a term of imprisonment of no more than five years and a fine of no more than $5,000. Patron - Ruff HB472 Assuming the identity of another with intent to defraud. Provides that any person who, with the intent fraudulently to (i) obtain credit, goods or services, (ii) avoid the payment of debt or other legal obligation or (iii) avoid prosecution for a crime, assumes the identity of another person, is guilty of a Class 6 felony. Patron - Rollison HB507 Fingerprinting in connection with business, commercial and financial transactions; penalty. Stipulates that persons requiring a fingerprint or fingerprints to be given in conjunction with any business, commercial or financial transaction, must return the original prints to the person giving such prints within 21 days of the transaction's completion or termination. Additionally, all copies of such prints, including electronic or facsimile copies, must be destroyed by the person requiring and obtaining the prints. Violations are punishable as Class 1 misdemeanors. Patron - Hull HB522 Civil immunity; blood tests; DUI. Expands the scope of civil immunity afforded medical personnel who withdraw blood from persons suspected of driving under the influence. Currently, no civil liability (except negligence) may attach to a medical worker who withdraws blood from a person who consents to such withdrawal. This bill expands medical personnel immunity by shielding such persons from civil liability (except negligence) in cases where a person is unable (unconscious) to have his blood withdrawn, provided such withdrawal is requested in writing by a law-enforcement officer. Patron - Armstrong HB526 Dangerous weapons; courthouses. Adds pepper spray, mace, and tear gas to the list of dangerous items and weapons which may not be brought into a courthouse. A violation is punishable as a Class 1 misdemeanor. Patron - Armstrong HB558 Crimes; carrying concealed weapons. Recognizes the concealed handgun permits of other states which reciprocally recognize Virginia permittees and removes the requirement of having the permittee's social security number on the concealed handgun permit. The provision of this bill eliminating the requirement that the social security number be on the permit is incorporated in HB 757. Patron - Ruff HB562 Purchase or possession of tobacco products by minors. Allows a court to require the performance of 10 hours of community service for a first violation of purchase or possession of tobacco products by minors and 20 hours of community service for a second or subsequent violation, in lieu of imposing a civil penalty. The bill also contains technical amendments. Patron - Davies HB593 Carrying concealed weapons; when lawful to carry. Provides that an electronic security employee as defined in § 9-183.1 may carry a concealed weapon while in the discharge of his official duties, or while in transit to or from such duties. Patron - Cantor HB652 Possession of spray paint by juvenile; penalty. Makes it unlawful for any juvenile to possess any marker or paint implement, except under the supervision of an adult or within the course of his employment. A violation of this section shall be a Class 3 misdemeanor. Any second or subsequent violation shall be a Class 2 misdemeanor. Patron - Melvin HB748 Unlawful e-mail. Creates a Class 1 misdemeanor to punish the person who sends for commercial purposes an e-mail message containing material which is harmful to juveniles and may be examined by a juvenile. Patron - Marshall HB762 Willful and malicious damage to or defacement of public or private facilities; penalty. Provides that any county, city or town may by ordinance create a special local clean-up fund to pay for cleaning or repair of damage or defacement of public or private property and require payment, upon the entry of a judgment of guilt, of a civil penalty not to exceed $250 payable to the fund. The bill also allows the fund to be funded by moneys from any other lawful source including charitable donors. Patron - Devolites HB831 Carnal knowledge or sexual battery of an inmate. Creates the crimes of carnal knowledge of an inmate and sexual battery of an inmate punishable as a Class 6 felony and a Class 1 misdemeanor, respectively. Patron - Deeds HB847 Battery of a teacher. Provides for a mandatory period of incarceration of two days when the object of a battery is a teacher and six months' mandatory incarceration if a gun is used. Patron - Reid HB864 Obtaining drugs by false pretenses. Expands the sentencing options available upon conviction to add the alternative of discharge and dismissal. In 1997, this section was amended to allow the court to enter a conviction of a Class 1 misdemeanor rather than a Class 6 felony for a first offender who complies with court-imposed terms and conditions of evaluation and participation in a treatment or education program. Discharge and dismissal would be treated as a criminal conviction only for purposes of determining subsequent availability of that sentencing option for him. Patron - Woodrum HB895 Aggressive driving. Defines aggressive driving and makes it a misdemeanor punishable by a fine of $200 to $2,500 and confinement in jail for one month to one year (48 hours of which cannot be suspended). Patron - May HB901 Possessing a dangerous weapon in a publicly owned recreation or community center; penalty. Allows the governing bodies of the Cities of Newport News, Norfolk, Richmond, and Virginia Beach and of the County of Fairfax to adopt an ordinance making the possession of a dangerous weapon in a publicly owned recreation or community center a Class 1 (or less) misdemeanor. Exceptions are included for law-enforcement and court personnel, persons to whom a concealed weapons permit has been granted, and persons who legally possess a weapon on the grounds of such facility, but are not using or threatening to use the weapon in a dangerous manner. Patron - Diamonstein HB947 Crimes and offenses; open containers of alcoholic beverages in motor vehicles; penalty. Provides that the transportation of any alcoholic beverage in the passenger area of a motor vehicle in other than the manufacturer's unopened, original container shall be punishable as a Class 4 misdemeanor. Patron - Almand HB1072 Peeping or spying into a restroom. Punishes as a Class 1 misdemeanor the person who secretly or furtively peeps, spies or attempts to peep or spy into or through a window, door or other aperture of any public restroom of the opposite sex. Patron - Melvin HB1179 Driving under the influence; license revocation. Requires license revocation upon second conviction of DUI or commercial DUI driving offense. Currently, revocation is authorized upon a third conviction. Provisions governing the filing of a petition for restoration of driving privileges are retained. Patron - O'Brien HB1251 Bawdy places. Adds "any geographical location" and "any vehicle" to the list of places that, if used for lewd purposes, can be considered "bawdy." Patron - Drake HB1266 Crimes; concealed weapons. Authorizes the local law-enforcement agencies to charge and collect from an applicant for a concealed handgun permit, in addition to the $35 fee, the actual cost charged by the FBI for the fingerprint examination and the criminal history record check. This would require the applicant and not the locality to assume the charges. Patron - Crittenden HB1304 Penalty for driving while intoxicated. Punishes a first-offense DUI, a Class 1 misdemeanor, by a minimum fine of $100 and confinement in jail for not less than one month nor more than one year, one day of which is a mandatory, minimum sentence not subject to suspension by the court. Patron - Albo HB1327 Abortion; informed consent. Requires the Board of Medicine to promulgate regulations ensuring that women seeking abortions are fully informed and that consent is voluntarily given. All persons providing abortion services must have in effect liability insurance covering the services being provided or must have hospital privileges. Patron - Marshall HB1341 Persons under age 21 riding with persons under age 21 who are driving after illegally consuming alcohol; penalty. Provides that it shall be unlawful for any person under the age of 21 to be in a motor vehicle being operated by a person he knows or has reason to know is a person under age 21 who is driving after illegally consuming alcohol. A violation is punishable by forfeiture of such person's license to operate a motor vehicle for a period of six months from the date of conviction and by a fine of not more than $500; however, if a person so convicted has not received his first driver's license, the court shall order that he not be eligible to receive one until six months after he would first otherwise have been eligible. Patron - Diamonstein HB1366 Punishment for using abusive language to another. Provides that if any person curses or abuses another person, or uses any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 1 misdemeanor. The current penalty is a Class 3 misdemeanor. Patron - Clement HB1379 Driving under the influence. Requires the imposition of minimum, mandatory jail terms upon conviction if the accused's blood alcohol content level was 0.20 or more. For a first offense, if the level was 0.20 but less than 0.25, the mandatory confinement is five days; if the BAC level is 0.25 or more, 10 days. For any second offense within 10 years or any subsequent offense, if the BAC is 0.20 but less than 0.25, the term is 10 days; if 0.25 or more, 20 days. Patron - McDonnell HB1385 Possession of weapons on school property. Adds to the list of weapons prohibited on school property knives with metal blades of three inches or longer. Patron - Brink HB1409 Carrying concealed weapons; payment accepted by court for application. Provides that a court shall not be required to accept payment by credit card for fees payable by an applicant for the processing of a concealed weapons permit. Patron - Jackson HB1412 Additional penalties for DUI with a young passenger. Provides that if a person is convicted of a DUI committed while transporting a person 15 years of age or younger he shall be (i) fined an additional minimum of $200 and not more than $1,000 and (ii) sentenced to perform 80 hours of community service in a program benefitting children or, for a subsequent offense, 160 hours of community service in such a program. Patron - Dudley SB50 Stalking. Makes stalking while armed with a weapon punishable as a Class 6 felony and increases the penalties for stalking, i.e., first offense increased from a Class 2 to a Class 1 misdemeanor, a second offense from a Class 1 misdemeanor to a Class 6 felony, a third or subsequent offense from a Class 6 to a Class 5 felony. Patron - Ticer SB71 Impersonating officer and unlawful use of vehicle with unauthorized flashing blue light. Increases the penalty for impersonating a police officer or unauthorized driving of a car with the word "police" displayed on it from a Class 1 misdemeanor to a Class 6 felony and adds the new crime of unauthorized exhibition of a flashing blue light on a vehicle (Class 6 felony). Patron - Houck SB90 Capital murder. Makes the killing of a person, for the purpose of preventing that person from testifying in any judicial proceeding, a capital offense. Patron - Colgan SB123 Crimes; charitable gaming. Makes the improper diversion of charitable gaming receipts for personal inurement larceny and creates a three-year statute of limitations for the prosecution of misdemeanor violations of the charitable gaming laws. Patron - Forbes SB124 Criminal gang activity. Creates a new series of separate and distinct felonies based on prohibited criminal street gang activity/participation in certain currently illegal activity. Patron - Forbes SB127 Violations of the Drug Control Act; penalties. Increases the penalty for second and subsequent controlled substance violations involving Schedule III drugs from a Class 1 misdemeanor to a Class 6 felony. First offenses involving Schedule III drugs and any violation involving Schedules IV and V drugs and imitation controlled substances which mimic Schedules III, IV or V drugs remain Class 1 misdemeanors as established in the current law. This bill is a recommendation of the Joint Subcommittee to Study the Commonwealth's Current Laws and Policies Related to Chronic, Acute & Cancer Pain Management. Patron - Woods SB133 Hit and run resulting in injury. Raises the penalty from a Class 6 to a Class 5 felony for a hit and run resulting in personal injury. Patron - Reynolds SB140 Crimes; brandishing a firearm. Increases from a Class 1 misdemeanor to a Class 6 felony the penalties for brandishing a firearm in such a manner as to reasonably induce fear of being shot or injured if the victim is a law-enforcement officer performing his duties. Patron - Reynolds SB178 Driving under the influence. Makes a third DUI offense, committed within ten years of a first offense, punishable as a Class 6 felony. The mandatory, minimum penalties for second and third offenses remain the same. Patron - Norment SB182 Prostitution; three-time loser. Increases the penalty for prostitution or for soliciting for prostitution from a Class 1 misdemeanor to a Class 6 felony for a third offense. Patron - Quayle SB183 Dangerous weapons; courthouses. Adds pepper spray, mace, and tear gas to the list of dangerous items and weapons which may not be brought into a courthouse. A violation is punishable as a Class 1 misdemeanor. Patron - Reynolds SB186 Criminal gang activity. Creates a new series of separate and distinct felonies based on prohibited criminal street gang activity/participation in certain currently illegal activity. Patron - Quayle SB190 Offenses prohibiting proximity to children. Provides that every person who is convicted of any of certain felony offenses involving criminal conduct with a minor shall, as a part of his sentence, be forever prohibited from loitering within 100 feet of any place he knows or has reason to know is a primary, secondary, or high school; a gaming arcade; a playground; or a recreational area or facility where sports or recreational activities involving minors are ongoing. A violation of the prohibition is punishable as a Class 6 felony. The offenses covered include abduction, rape (victim under 13), sodomy, incest, etc. Patron - Williams SB191 Obstruction of justice. Includes within the Class 5 felony threats of bodily harm or force to intimidate or impede a judge, magistrate, justice, juror, witness, or law-enforcement officer or to obstruct or impede the administration of justice relating to the commission of or conspiracy to commit any violent felony offense. Patron - Williams SB194 Distribution of drugs by persons under 18. Provides that any person who is 18 years of age or older who knowingly or intentionally causes any person under 18 years of age to assist in distribution of any drug classified in Schedule I, II, III or IV or marijuana shall upon conviction be imprisoned in a state correctional facility for a period not less than 10 nor more than 50 years, and fined not more than $100,000. The bill also provides that five years of the sentence imposed shall not be suspended, in whole or in part, for a conviction involving a Schedule I or II controlled substance or one ounce or more of marijuana and that two years of the sentence imposed shall not be suspended, in whole or in part, for a conviction involving less than one ounce of marijuana. Patron - Trumbo SB207 Racketeering. Creates a state Racketeering Act modeled after federal law. Patron - Stolle SB209 Accessories after the fact. Divides punishment for accessories after the fact into two categories: (i) an accessory after the fact to a felony punishable by 10 years or more (i.e., Class 1, 2 and 3 felonies, carjacking, and drug kingpin), is guilty of a Class 6 felony and (ii) an accessory to a felony punishable by less than 10 years is guilty of a Class 1 misdemeanor. Currently the punishment for any accessory after the fact is a Class 1 misdemeanor. Patron - Stolle SB211 Possession of controlled substances. Requires a minimum, mandatory term of confinement for 30 days upon conviction of a second or subsequent violation occurring with 10 years of the first conviction, and a substance abuse evaluation. If a substance abuse problem is identified, the person is to enter an intervention and education program. Patron - Stolle SB212 Controlled substances. Increases the minimum penalty to be imposed upon a subsequent conviction of unlawful sale, manufacture, etc., with respect to a Schedule I or Schedule II controlled substance, from five to ten years. The maximum penalty remains life imprisonment. Patron - Stolle SB213 Lottery; redemption of previously redeemed ticket. Provides a basis for the prosecution of a person who knowingly and with intent to defraud presents a previously redeemed ticket. The proposed change provides that such redemption would constitute a criminal act punishable as a Class 6 felony. The bill is subject to an emergency clause. Patron - Stolle SB214 Use of a firearm; felony. Adds voluntary manslaughter and unlawful wounding to the offenses for which a minimum, mandatory term of confinement will be imposed upon conviction if a firearm is used or displayed. Patron - Stolle SB215 Crimes; money laundering. Creates a new money laundering act to replace the current law. The bill makes it a felony to conduct a financial transaction knowing the funds are proceeds of a "specified unlawful activity" (defined as a drug offense) (i) with the intent to promote an unlawful activity; (ii) with the knowledge that the transaction is designed to conceal the nature or source of the proceeds; or (iii) with the intent to avoid reporting the funds. A violation of the act is punishable by imprisonment up to 40 years or a fine of up to $500,000 or twice the value of the property involved, or both. The bill empowers the Attorney General to participate in the investigation and prosecution upon request of the local attorney for the Commonwealth. The act provides for the seizure of any property involved in the laundering scheme, for the freezing of any accounts in a financial institution if a court finds reasonable suspicion exists to believe that some of the proceeds in the account are the proceeds of an unlawful activity, and for liability for loss to be imposed upon financial institutions which fail to comply with a request to freeze assets. Failure to file transaction reports required by federal law is made punishable as a state offense. Patron - Stolle SB216 Drug kingpins. Lowers the thresholds for attaining drug kingpin status from $500,000 in drug commerce to $250,000 and in drug distribution quantity from 100 to 50 kilos of heroin, from 500 to 250 kilos of cocaine or coca derivatives or ecognine and from 1.5 to 0.75 kilos of cocaine base. A drug kingpin can be fined a million dollars and imprisoned for 20 years to life, 20 years of which is not subject to suspension. Patron - Stolle SB217 First offender. Prohibits applicability of first offender disposition to someone possessing drugs and a firearm. Patron - Stolle SB227 Computer invasion of privacy. Adds definitions of "without authority" and "financial or personal information" to the crime of computer invasion of privacy. Patron - Trumbo SB266 Civil immunity; blood tests; DUI. Expands the scope of civil immunity afforded medical personnel who withdraw blood from persons suspected of driving under the influence. Currently, no civil liability (except negligence) may attach to a medical worker who withdraws blood from a person who consents to such withdrawal. This bill expands medical personnel immunity by shielding such persons from civil liability (except negligence) in cases where a person is unable (unconscious) to consent to have his blood withdrawn, provided such withdrawal is requested in writing by a law-enforcement officer. Patron - Reynolds SB305 Peeping or spying into a restroom. Punishes as a Class 1 misdemeanor any person who secretly or furtively peeps, spies or attempts to peep or spy into or through a window, door or other aperture of any public restroom of the opposite sex. Patron - Lucas SB314 Warrantless arrest for brandishing a firearm. Allows law-enforcement officers to arrest without a warrant for an alleged violation of § 18.2-282 (brandishing a firearm) when such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. This provision was ultimately incorporated into HB 583. This bill is recommended by the Commission on Family Violence Prevention. Patron - Schrock SB349 Crimes; prostitution. Eliminates the need to prove that a person who offers to commit adultery, fornication, or any act against nature has also substantially acted in furtherance of the offer. It allows the Commonwealth to prove any act in furtherance of the offer. Patron - Edwards SB377 Possession of firearms while in possession of certain controlled substances. Readjusts penalties upward for possession of a firearm while unlawfully selling or in possession of drugs with intent to sell. The offense constitutes a separate and distinct felony and any person convicted shall be sentenced to a term of imprisonment of five years for a first conviction, a term of seven years for a second conviction and a term of ten years for a third or subsequent conviction under this subsection. None of such terms of imprisonment are subject to suspension. The former penalties were three years for a first conviction and five years for a second or subsequent conviction. Patron - Norment SB544 Driving under the influence. Requires the imposition of minimum, mandatory jail terms upon conviction if the accused's blood alcohol level was 0.20 or more. For a first offense, if the level was 0.20 but less than 0.25, the mandatory confinement is for five days, or if the BAC is 0.25 or more, 10 days. For any second offense within 10 years or any subsequent offense, if the BAC was 0.20 but less than 0.25, the term is 10 days; if 0.25 or more, 20 days. Patron - Norment SB546 Aggressive driving; penalty. Provides that anyone who engages in "aggressive driving" shall be guilty of a Class 1 misdemeanor, including a mandatory, minimum fine of $250 not subject to suspension by the court. "Aggressive driving" is defined as committing any two or more of the following violations in a single act or series of acts in close proximity to another motor vehicle: (i) an unsafe lane change; (ii) following too closely; (iii) failure to yield to an overtaking vehicle; (iv) speeding; (v) driving too fast for traffic conditions; (vi) failing to give an adequate signal; and (vii) racing. Patron - Woods < PREVIOUS | CONTENTS | NEXT >