Crimes and Offenses Generally

Crimes and Offenses Generally

P Passed

P 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 felony drug fraud conviction to be reduced to a Class 1 misdemeanor following successful completion of probation terms and conditions.

Patron - Landes

P 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

P HB376

Crimes; 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. This bill is identical to SB 875.

Patron - Crittenden

P HB421

Crimes committed in secure juvenile facilities. Makes all of the offenses in subdivisions 1 through 9 of § 53.1-203 (escape, damage property to escape, possession of knife, chemical compound, drugs or firearms, and burning property, etc.) apply to secure juvenile or detention homes, punishable as Class 1 misdemeanors. These offenses are felonies if committed by a prisoner in a state, local or community correctional facility.

Patron - Clement

P 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 shall be guilty of a Class 6 felony with a mandatory, minimum six months of confinement.

Patron - Ruff

P HB748

Unlawful e-mail. Creates a Class 1 misdemeanor to punish the person who sends for commercial purposes an e-mail message containing sexually explicit material which is harmful to juveniles and may be examined by a juvenile.

Patron - Marshall

P 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. Knives used for food consumption or preparation and blades customarily used by a person in his trade are excluded from the prohibition.

Patron - Brink

P HB1462

Expulsion of students for firearms possession. Eliminates the exception for possession of an unloaded firearm which is in a closed container in or upon a motor vehicle or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle from the statute requiring expulsion of students for bringing firearms onto school property or to a school-sponsored activity. This provision also specifically authorizes a school administrator, pursuant to school board policy, or a school board to determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. School boards are also authorized to promulgate guidelines for determining what constitutes special circumstances.

Patron - Hamilton

P HB1489

School strip searches. Requires the Board of Education to develop, in consultation with the Office of the Attorney General, guidelines for strip searches in public schools. A report on the development of the guidelines must be made to the General Assembly.

Patron - Hull

P HB1548

Seizure of property used in connection with or derived from illegal drug transactions. Adds the underlying offense of delivery of illegal drugs to prisoners to the provision of the Code allowing for seizure of property used in connection with illegal drug transactions.

Patron - Landes

P HB1668

Virginia Computer Crimes Act; electronic mail. Amends Virginia's long-arm statute to provide that using a computer or computer network located in Virginia constitutes an act in Virginia. The bill also (i) expands the definitions of "computer services" and "without authority" and provides a new definition for "electronic mail service provider" in the Virginia Computer Crimes Act; (ii) makes it the crime of computer trespass to (a) falsify or forge e-mail message transmission information in connection with unsolicited bulk e-mail and (b) knowingly sell, give, distribute, or possess software whose principal purpose is to facilitate unsolicited bulk e-mail; (iii) provides that electronic mail service providers shall not be liable for actions they take to prevent unsolicited bulk email; (iv) provides civil relief to an injured person, other than an electronic mail service provider, for actual damages or the lesser of $10 for each unsolicited bulk e-mail message or $25,000 per day and states that the injured person shall not have a cause of action against an electronic mail service provider which merely transmits the e-mail message; (v) provides civil relief to an injured electronic mail service provider for actual damages or the greater of $10 for each unsolicited bulk e-mail message or $25,000 per day; and (vi) cross-references the Virginia long-arm statute in the Virginia Computer Crimes Act to ensure the establishment of personal jurisdiction in Virginia's courts. The purpose of the bill is curb a practice known as "spamming," the sending of unsolicited electronic mail to unsuspecting recipients. The bill is a recommendation of the Joint Commission on Technology and Science. This bill is identical to HB 1714 and SB 881.

Patron - Plum

P HB1691

Penalty and bail for unlawful possession of firearms. Provides that any person convicted of (i) possessing a firearm on school grounds with the intent to use it, or displaying it in a threatening manner, (ii) possessing a firearm after having been previously convicted of a violent felony, or (iii) simultaneously possessing a firearm and drugs with intent to sell, shall not be eligible for probation and shall be sentenced to a mandatory, minimum term of imprisonment of five years, which shall not be suspended in whole or in part and which shall be served consecutively with any other sentence. The maximum, mandatory term is reduced to two years if the previously convicted felon's prior felony was nonviolent. The bill also broadly amends bail procedure by requiring an arresting officer to provide, to the extent possible, to a judicial officer the criminal history record of an arrestee, requiring a judicial officer to attempt to obtain such record, and creating a rebuttable presumption that a person should be denied bail if charged with any of certain defined acts of violence and drug and sexual offenses, a crime for which life imprisonment or the death penalty is prescribed, any felony if previously twice convicted of the sexual or violent offenses and certain firearm offenses, or any felony committed while on bail prior to a felony trial or sentencing. Current law does not create a presumption of no bail for the firearm offenses, or the offenses measured by penalty or prior offenses, or for a felony committed while on bail. The bill removes the 16-year "lookback" period which a judicial officer may investigate for prior offenses upon which the no-bail presumption is currently based. The bill requires a judicial officer, when setting bail, to consider, in addition to factors existing in the law now, whether the accused is likely to obstruct justice or attempt to obstruct justice or intimidate witnesses or jurors, etc. The bill also expands the list of conditions of release which may be imposed upon a person admitted to bail. The bill allows an attorney for the Commonwealth to appeal any bail decision made by a court over his objection and, upon motion and notice to the accused admitted to bail, to reopen the issue of bail in order to seek to revoke it.

Patron - Baker

P HB1714

Patron - Rust

P HB1732

Rape; forcible sodomy; object sexual penetration; marital sexual assault; penalty. Removes the phrase "serious physical" from the injury language relating to sexual crimes involving spouses and replaces it with "bodily injury." Additionally, this amends the marital sexual assault section so that the language mirrors the "force, threat or intimidation" language of the crime of rape.

Patron - Watts

P HB1745

Crimes; bodily injury caused by prisoner, probationer or parolee. Makes it a Class 5 felony for a probationer or parolee to inflict bodily injury on a juvenile probation officer. Currently, the penalty for such act is a Class 1 misdemeanor. This bill is the same as SB 835.

Patron - Reid

P HB1751

DUI; analysis of breath test. Eliminates the requirement that the training required for individuals who administer breath tests consist of at least 40 hours. The bill requires that an individual's license identify the specific types of breath test equipment upon which the individual has been successfully trained.

Patron - Deeds

P HB1760

Child pornography and indecent liberties with children. Increases the penalty for first offense possession of child pornography from a Class 3 misdemeanor to a Class 1 misdemeanor. The bill punishes the use of a communication system for accomplishment of certain sex crimes with children and production and possession of child pornography as a Class 5 felony. The bill also expands the crimes for which sex offender registration is required to include making and possessing child pornography.

Patron - Byron

P HB1801

Definition of family or household member. Revises the definition of "family or household member" to include parents, stepparents, children, stepchildren, brothers, sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home. This is the definition under current law for criminal jurisdiction of the juvenile court but under other sections of the Code such persons must reside in the same home to be considered family or household members. This will broaden the applicability of protective orders and the family assault statute. Current law precludes conviction under the family assault statute of a parent who assaults a child who does not reside with the parent. The family assault statute imposes enhanced punishment (Class 6 felony for a third offense) and requires the issuance of an emergency protective order whenever a warrant is issued. Under certain circumstances a warrantless arrest may be made for violations of the family assault statute. This bill is identical to SB 848.

Patron - McDonnell

P HB1831

Validity of signs forbidding trespass; penalty. Creates a Class 3 misdemeanor for knowingly and intentionally posting No Trespassing signs upon the land of another without the permission of a person authorized to post such signs on that land.

Patron - Phillips

P HB1896

Use of term "imitation controlled substance." Expands the meaning of "imitation controlled substance" to include "substance in any other form whatsoever." Under current law, this definition includes a pill, capsule, or tablet.

Patron - Blevins

P HB1913

Charitable gaming; prohibited practices. Allows landlords of facilities where charitable gaming is conducted to sell markers. Currently, all such landlords are prohibited from selling any bingo supplies.

Patron - Hamilton

P HB1992

Child care; records checks; penalty. Provides that whenever any unlicensed or unregistered child day center or family day home applies to enter into a contract with a local department of social services to provide child care services to clients of the local department of social services, the local department shall require both criminal records and child protective services central registry checks of the applicant, his employees, volunteers, agents and any other adult living in a family day home.

Patron - Rollison

P HB2012

Willfully discharging firearms in public places. Provides that if any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another, he shall be guilty of a Class 6 felony, or of a Class 1 misdemeanor if there is no bodily injury to another person.

Patron - O'Brien

P HB2041

Crimes; concealed weapons. Includes persons who retire after completing 20 years of service or after reaching the age of 55 from service as a law-enforcement officer with the Customs Service or the Department of State Diplomatic Security Service in the list of persons who are not charged for the issuance of a concealed gun permit. This bill is identical SB 947.

Patron - Devolites

P HB2058

Closed-circuit TV testimony. Provides that testimony of a child victim in a criminal or civil case may be taken by closed-circuit television if the child witness was fourteen years of age or under at the time of trial and if the child victim was fourteen years of age or older on the date of the alleged offense and is sixteen years of age or under at the time of trial.

Patron - Watts

P HB2159

Substance abuse screening of certain offenders. Amends legislation enacted last year, to become effective July 1, 1999, that required drug screening and assessments and presentence investigations of certain offenders. This bill makes assessment contingent on whether the screening identifies the offender as having a substance abuse problem. Screenings and assessment may be performed by a person working under the direction of a certified substance abuse counselor, rather than the counselor only. The bill restores the provision that a presentence report is permissive for guilty plea agreements and misdemeanor convictions. The Secretary of Public Safety is responsible for convening an Interagency Offender Drug Assessment and Screening Committee to oversee the implementation of this act. The Chief Justice of the Supreme Court may select pilot sites for the implementation of the bill's provisions.

Patron - Almand

P HB2170

Ignition interlock systems; penalty. Mandates that the car of a DUI second offender be outfitted with an ignition interlock system without the current requirement that he also be enrolled in an alcohol or drug rehabilitation program.

Patron - Watts

P HB2217

Hunting with firearms while under influence of intoxicant or narcotic drug. Raises the penalty for hunting with firearms while intoxicated from a Class 3 misdemeanor to a Class 2 misdemeanor.

Patron - Behm

P HB2236

Encryption used in criminal activity. Provides that any person who willfully uses encryption to further any criminal activity shall be guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as a Class 1 misdemeanor. Encryption is defined as the enciphering of intelligible data into unintelligible form or the deciphering of unintelligible data into intelligible form.

Patron - May

P HB2254

Embezzlement of court-ordered child support. Provides that if any employer withholds money from the pay of his employee for the purpose of paying administrative or court-ordered child support on behalf of the employee and then wrongfully and fraudulently fails to make the required payment, the employer shall be guilty of embezzlement.

Patron - Armstrong

P HB2296

Driving while intoxicated. Provides that a person whose license is suspended following a DUI conviction shall remain on probation for the same period as the suspension, not to exceed three years. The bill mandates VASAP for a first and second offense DUI. Currently, VASAP is discretionary with the court on a second offense. The bill adds the transport of a minor child to school and medical care to the list of those places a person may drive while subject to a restricted permit following a DUI. Raises the fine for a DUI conviction while transporting a minor from a minimum of $100 and maximum of $500 to a minimum of $500 and maximum of $1,000.

Patron - Moran

P HB2332

Concealed weapons. Makes the following changes in the concealed weapon and concealed handgun law: Allows a person to carry a concealed weapon without a permit while in his own place of business, provides that the training required prior to issuance of a concealed handgun permit never expires unless specified on the training documentation, requires a clerk of circuit court to give an applicant written notice of his right to an ore tenus hearing upon denial of his concealed-carry permit, and specifically defines "under the influence of alcohol or drugs" for the purposes of the misdemeanor of being under the influence while carrying a concealed handgun in a public place. The bill further provides that a petition for review of denial shall be filed with the Court of Appeals within 60 days of denial or hearing instead of 30 days. It requires circuit courts which require proof of competency with a handgun to deem current military service or an honorable discharge such proof for the purpose of issuing a concealed weapons permit. Finally, it requires the chief law-enforcement officer of the last agency from which a law-enforcement officer retired to issue written proof of the retired officer's qualifications for exemption from the requirement to obtain a concealed weapons permit.

Patron - McClure

P HB2426

Drug-free school zones; school bus stops. Adds designated school bus stops and any public property or property open to public use within 1,000 feet of any such school bus stop, during the times school children are waiting to be picked up or are being dropped off, to the sites and scenarios in which it is unlawful to manufacture, sell or distribute or possess with intent to sell, give or distribute any controlled substance, imitation controlled substance or marijuana. Current law, in addressing public school sites, prohibits such activities (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or post secondary school; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) and on any school bus.

Patron - Croshaw

P HB2445

Battery of a teacher. Provides for a mandatory period of incarceration of two days when the object of a battery is a teacher, principal or guidance counselor and six months' mandatory incarceration if a gun or other weapon prohibited on school property is used.

Patron - Reid

P HB2611

Prohibiting purchase or possession of tobacco products by minors or sale of tobacco products to minors; penalties. Provides that the court shall suspend all or any portion of the civil penalty where it finds that a defendant retail establishment has trained its employees concerning the law in this area. The bill also authorizes the court to impose a civil penalty, up to a maximum of $1,000, in lieu of the lesser civil penalties for violation, where it finds that a defendant retail establishment has failed to train its employees. The bill also authorizes the court to prescribe community service instead of the civil penalty against a minor.

Patron - Almand

P SB815

Felony homicide. Changes the punishment for felony homicide from a Class 3 felony (not less than five years nor more than 20) to not less than five nor more than 40 years' confinement in a state correctional facility.

Patron - Trumbo

P SB820

Illegal firearms; bail. Provides that any person convicted of (i) possessing a firearm on school grounds with the intent to use it, or displaying it in a threatening manner, (ii) possessing a firearm after having been previously convicted of a violent felony, or (iii) simultaneously possessing a firearm and drugs with intent to sell, shall not be eligible for probation and shall be sentenced to a minimum, mandatory term of imprisonment of five years, which shall not be suspended in whole or in part and which shall be served consecutively with any other sentence. The maximum mandatory term is reduced to two years if the previously convicted felon's prior felony was nonviolent. The bill also broadly amends bail procedure by requiring an arresting officer to provide, to the extent possible, to a judicial officer the criminal history record of an arrestee, requiring a judicial officer to attempt to obtain such record, and creating a rebuttable presumption that a person should be denied bail if charged with any of certain defined acts of violence and drug and sexual offenses, a crime for which life imprisonment or the death penalty is prescribed, any felony if previously twice convicted of the sexual or violent offenses and certain firearm offenses, or any felony committed while on bail prior to a felony trial or sentencing. Current law does not create a presumption of no bail for the firearm offenses, or the offenses measured by penalty or prior offenses, or for a felony committed while on bail. The bill removes the 16-year "lookback" period which a judicial officer may investigate for prior offenses upon which the no-bail presumption is currently based. The bill requires a judicial officer, when setting bail, to consider, in addition to factors existing in the law now, whether the accused is likely to obstruct justice or attempt to obstruct justice or intimidate witnesses or jurors, etc. The bill also expands the list of conditions of release which may be imposed upon a person admitted to bail. The bill allows an attorney for the Commonwealth to appeal any bail decision made by a court over his objection and, upon motion and notice to the accused admitted to bail, to reopen the issue of bail in order to seek to revoke it. This bill is identical to HB 1691.

Patron - Norment

P SB835

Patron - Martin

P SB838

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. This bill is identical to SB 875.

Patron - Williams

P SB841

DUI, additional alternative sanctions for habitual offenders. Makes a third DUI offense within 10 years a Class 6 felony, with fourth and subsequent offenses carrying a one-year mandatory, minimum jail sentence. The bill repeals the determination and adjudication provisions of the Habitual Offender Act. Adds license revocation language to §§ 18.2-36.1 and 18.2-51.4 governing involuntary manslaughter and maiming resulting from a DUI, respectively. This bill is the same as HB 1812.

Patron - Norment

P SB848

Patron - Gartlan

P SB849

Money Laundering Act; penalty; seizure and business license forfeiture. Creates a new article, the Virginia Comprehensive Money Laundering Act, which makes it a crime to conduct or participate in a financial transaction designed to conceal or disguise the nature, location, source, ownership and control of property, when the person knows it represents the proceeds of an activity punishable as a felony. The bill also subjects the proceeds of or any property used in substantial connection with such activity to seizure and requires those convicted under this article to forfeit any business licenses they may possess.

Patron - Stolle

P SB881

Unsolicited bulk electronic mail (e-mail); personal jurisdiction; Virginia Computer Crimes Act. Amends Virginia's long-arm statute to establish that "use" of a computer or "computer network" located in the Commonwealth shall constitute an act in the Commonwealth. The bill also (i) expands the definitions of "computer services" and "without authority" and provides a new definition for "electronic mail service provider" in the Virginia Computer Crimes Act; (ii) makes it the crime of computer trespass to (a) falsify or forge e-mail message transmission information in connection with unsolicited bulk e-mail and (b) sell, give, distribute, or possess software whose principal purpose is to facilitate unsolicited bulk e-mail; (iii) provides that e-mail service providers shall not be liable for actions they take to prevent unsolicited bulk e-mail; (iv) provides civil relief to an injured person, other than an e-mail service provider, for actual damages or the lesser of $10 for each unsolicited bulk e-mail message or $25,000 per day and states that the injured person shall not have a cause of action against an e-mail service provider which merely transmits the e-mail message; (v) provides civil relief to an injured e-mail service provider for actual damages or the greater of $10 for each unsolicited bulk e-mail message or $25,000 per day; and (vi) cross-references the Virginia long-arm statute in the Virginia Computer Crimes Act to help ensure the establishment of personal jurisdiction in Virginia's courts. The purpose of the bill is to curb a practice known as "spamming," the sending of unsolicited e-mail to unsuspecting recipients. This bill is identical to HB 1668 and HB 1714.

Patron - Mims

P SB886

Juvenile delinquents; restitution. Requires court to have a juvenile found delinquent based on certain crimes make at least partial restitution or reparation for any property damage or loss caused by the offense or for actual medical expenses incurred by the victim as a result of the offense for which the juvenile was found to be delinquent. In addition, the juvenile is required to participate in a public service project under such conditions as the court prescribes. The crimes covered by this bill are: shooting, stabbing, etc., with intent to maim or kill; malicious bodily injury to law-enforcement officers; malicious bodily injury by means of caustic substance; shooting while committing or attempting a felony; bodily injuries caused by prisoners, probationers or parolees; unlawful hazing; assault and battery; assault and battery against law-enforcement officers; assault and battery against household members; entering property of another for purpose of damaging it; injuries to churches, cemeteries, etc.; trespass on church or school property; injuring any property, monument, etc.; damaging public buildings; breaking etc., any part of any vehicle, aircraft or boat; or entering or setting in motion any vehicle, aircraft, boat, etc.

Patron - Mims

P SB887

Crimes; mob defined. Includes certain acts of violence in addition to assault and battery as crimes which if committed by a collection of persons would make the acts crimes by a mob.

Patron - Mims

P SB915

Injury to property. Makes the crime of unlawfully injuring property or monuments, etc., a Class 3 misdemeanor and, if intentional, a Class 1 misdemeanor. Presently, the damage to the property just has to be unlawful, which criminalizes accidental destruction in excess of $1,000 as a Class 6 felony. The bill also makes provisions for dismissal upon payment of restitution.

Patron - Hawkins

P SB922

Peeping or spying. Punishes as a Class 1 misdemeanor secretly or furtively peeping, spying or attempting to peep or spy through a peephole into a room or enclosure used to provide privacy to its occupants if the intent is to see someone who is nude or partially undressed.

Patron - Couric

P SB924

Driving under the influence. Makes involuntary manslaughter while driving under the influence a prior conviction for the purpose of imposing an enhanced penalty for subsequent convictions of driving while intoxicated.

Patron - Couric

P SB925

Crimes; summary contempt. Increases from $50 to $250 the monetary amount that a trial judge may order someone to pay if found in contempt of court.

Patron - Norment

P SB947

Patron - Howell

P SB1069

Assault and battery. Amends provision that requires the issuance of an emergency protective order when a warrant is issued for assault and battery against a family or household member to make the issuance of a protective order discretionary when the defendant is a minor.

Patron - Stolle

P SB1077

Substance abuse screening of certain offenders. Amends legislation enacted last year, to become effective July 1, 1999, that required drug screening and assessments and presentence investigations of certain offenders. This bill makes assessment contingent on whether the screening identifies the offender as having a substance abuse problem. Screenings and assessment may be performed by a person working under the direction of a certified substance abuse counselor, rather than the counselor only. A presentence report is required only when the defendant pleads guilty without a plea agreement or is found guilty by a court after a plea of not guilty. The Secretary of Public Safety is responsible for convening an Interagency Offender Drug Assessment and Screening Committee to oversee the implementation of this act. The Chief Justice of the Supreme Court may select pilot sites for the implementation of the bill's provisions.

Patron - Stolle

P SB1233

Charitable gaming. Provides an additional 30 days for charitable gaming organizations to file financial reports with the Commission. Currently these organizations are required to file by the day due or risk revocation of their permits.

Patron - Hawkins

P SB1234

Charitable gaming; permits. Allows the Charitable Gaming Commission to issue permits effective for two years.

Patron - Hawkins

F Failed

F 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

F 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 - Devlolites

F HB1479

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 - Black

F HB1481

Child pornography and indecent liberties with children. Raises the penalty for possession of child pornography from a Class 3 misdemeanor to a Class 6 felony and provides additionally that it is a Class 6 felony to use electronic means to promote the use of a minor in an activity involving indecent liberties with children.

Patron - Hamilton

F HB1504

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

F HB1517

Sale of drugs on or near certain property. Prohibits the sale of drugs within 100 yards of any school bus stop. The current law provides that the illegal drug transactions on or near public or private schools, institutions of higher education, school buses, hospitals, and certain other public property or property open to the public will constitute a separate and distinct felony and provides a penalty, upon conviction, of not less than one year nor more than five years of imprisonment and a fine of not more than $100,000.

Patron - Black

F HB1544

Unlawful filming, videotaping, photographing or viewing of another; penalty. Adds the viewing of another to the crime of unlawful filming, videotaping or photographing of another. This is punishable as a Class 1 misdemeanor.

Patron - Blevins

F HB1580

Patron - Davies

F HB1604

Crimes; 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

F HB1608

Eluding police; penalties. Raises the penalty for eluding police from a Class 1 misdemeanor to a Class 6 felony and from a Class 6 felony to a Class 5 felony if the eluding results in a bodily injury. Additionally, upon conviction, the court is required to suspend the defendant's driver's license. This bill has been incorporated into HB 1800.

Patron - McQuigg

F HB1609

Gang activity. Defines, among other things, "street gang" and "pattern of criminal gang activity." The bill also enhances penalties for any predicate (violent and other specified) crime committed as part of street gang activity by raising the punishment for classified misdemeanors and felonies by one class, except when the maximum punishment is life imprisonment. In such cases the person shall be sentenced to a mandatory 15-year sentence. The bill also punishes recruitment into a street gang as a Class 1 misdemeanor, or a Class 6 felony for a second offense. This bill has been incorporated into HB 1744.

Patron - McQuigg

F HB1620

Patron - Robinson

F HB1625

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.

Patron - Almand

F HB1653

Crimes; obstruction of justice. Includes within the crime of obstruction of justice, obstructing, intimidating, impeding, or intimidating by threats of bodily harm a clerk or deputy clerk of any court in the performance of his duties.

Patron - Jones, J.C.

F HB1661

Open alcoholic beverage containers in cars; penalty. Prohibits the possession of any alcoholic beverage in the passenger area of a motor vehicle upon a public highway, or the right-of-way thereof, in other than the manufacturer's unopened, original container. A violation of this law is punishable as a Class 4 misdemeanor.

Patron - Almand

F HB1697

Third offense assault and battery. Provides that upon any third or subsequent conviction for assault and battery where it is alleged and proven that the person has been previously convicted twice or more of any offense of assault and battery, such person shall be guilty of a Class 6 felony. Current law enhances punishment for a third offense only if the three offenses were upon a family member.

Patron - Dudley

F HB1699

Drug distribution convictions. Makes clear that second or subsequent convictions in juvenile cases, as well as adult convictions, for violations of the prohibition against illegal distribution of Schedule I and II drugs make a person eligible for the enhanced punishment of imprisonment for life or for any period not less than five years and a fine of not more than $500,000.

Patron - Dudley

F HB1718

Drug-free school zone. Includes preschool property within those areas protected by the 1000-foot drug-free zone.

Patron - Jackson

F HB1729

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

F HB1731

Child sexual offenses. Raises the penalty for possession of child pornography from a Class 3 misdemeanor to a Class 6 felony. Subsequent offenses are a Class 6 felony under current law. The bill also makes it a Class 5 felony to communicate with a minor under 14 years of age with the intent of taking indecent liberties with children or of producing, distributing, etc., sexually explicit material involving children. This bill has been incorporated into HB 1760.

Patron - Watts

F HB1734

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

F HB1741

Disarming a law-enforcement or correctional officer. Creates a Class 6 felony for any person who knows or has reason to know a person is a law-enforcement or correctional officer and, with the intent to impede or prevent the officer from performing his official duties, knowingly and without the officer's permission removes a firearm, a chemical irritant weapon, stun weapon, or impact weapon from the possession of the officer or deprives the officer of the use of the weapon.

Patron - Joannou

F HB1744

Gang activity. Creates the Street Gangs Act which defines, among other things, "street gang" and "pattern of criminal gang activity." The bill also enhances penalties for any predicate (violent and other specified) crimes committed as part of street gang activity by raising the punishment for classified misdemeanors and felonies by one class, except when the maximum punishment is life imprisonment. In such cases the person shall be sentenced to a mandatory 15-year sentence. The bill also punishes recruitment into a street gang as a Class 1 misdemeanor, or a Class 6 felony for a second offense, and punishes enlistment of juveniles to trade in drugs or stolen property by a 10- to 50-year sentence with a $100,000 fine, five years of the imprisonment to be mandatory.

Patron - Albo

F HB1757

Patron - Marshall

F HB1758

Taking indecent liberties with children through the Internet. Combines sections of the Code related to taking indecent liberties with children, the distribution of obscene materials and material harmful to juveniles in one section when the crime is effected through the use of the Internet. Under current law it is already a crime to (i) propose that any child perform an act of sexual intercourse; (ii) distribute obscene materials; or (iii) distribute, to a juvenile, any material harmful to juveniles. This bill clarifies that to propose a sexual act to a juvenile by using the Internet to disseminate the obscene or harmful materials is a crime. This bill has been incorporated into HB 1760.

Patron - Byron

F HB1759

Definition of sodomy. The word "sodomy" is defined to include any intentional touching or contact between (i) any part of the genitalia or anus of one person and the mouth of another person or (ii) any part of the genitalia of one person and the anus of another person. It is currently defined for the purposes of forcible sodomy to mean only cunnilingus, fellatio, anallingus and anal intercourse.

Patron - Byron

F HB1761

Assuming the identity of another person. Provides that any person who assumes the identity of another person with the intent to (i) obtain credit, money, goods, services, etc., (ii) avoid the payment of debt or other legal obligation, or (iii) avoid prosecution for a crime, is guilty of a Class 6 felony.

Patron - Byron

F HB1767

Discharging firearms or missiles within or at building or dwelling house. Creates the new Class 5 felony of causing serious injury to someone by discharging firearms or missiles within or at a building or dwelling house if done without malice and a Class 3 felony if done with malice.

Patron - Parrish

F HB1779

Use of electronic means to facilitate certain offenses involving children. Clarifies that the use of a computer to commit a violation of the taking indecent liberties with children statute is a Class 6 felony.

Patron - Black

F HB1780

Possession of child pornography; penalty. Increases the punishment for possession of child pornography from a Class 3 misdemeanor to a Class 6 felony. Currently, a second or subsequent offense is punished as a Class 6 felony. This bill has been incorporated into HB 1481.

Patron - Black

F HB1782

Patron - Black

F HB1783

Possession of firearm, stun weapon, or other weapon on school property. Provides that the exemption to the prohibition of possession of a gun on school property does not apply to any person who is under the age of 18, a student, a teacher or a school employee. The law currently exempts possession of an unloaded firearm which is in a closed container in or upon a motor vehicle or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle.

Patron - Hamilton

F HB1790

Disarming a law-enforcement officer; penalty. Provides that any individual who knows or has reason to know a person is a law-enforcement officer or a correctional officer and who, while such officer is acting within the scope of his duties, with the intent to impede or prevent the officer from performing his duties and without consent knowingly removes a firearm, a chemical irritant weapon, stun weapon or impact weapon from the possession of the officer or deprives the officer of the use of the weapon is guilty of a Class 6 felony.

Patron - Cranwell

F HB1792

Prostitution and AIDS testing. Provides that any person who commits a violation of the prostitution statute shall, for a first offense, be guilty of a Class 1 misdemeanor and shall, upon allegation and proof of a second or subsequent offense, be guilty of a Class 6 felony. Currently, the second offense receives no increased punishment. The bill also provides that any person who commits a violation of that law while knowingly infected with the human immunodeficiency virus and with the intent to transmit the virus shall be guilty of a Class 5 felony. The bill also allows the attorney for the Commonwealth to access AIDS test results of a convicted prostitute or "john" for use in any subsequent prosecution of the person under the prostitution statute.

Patron - Baskerville

F HB1796

Definition of marijuana. Modifies the definition of marijuana in the Drug Control Act and in Title 18.2 to include as "marijuana" (i) any oily extract containing less than 12 percent tetrahydrocannabinol (THC) by weight and (ii) the mature stalks, fibers, oil, or cake made from the seeds of the plant if mixed with other parts of the plant. This definition of marijuana also includes every compound, manufacture, salt, derivative, mixture or preparation of the marijuana plant (genus Cannabis), and its seeds or resin.

Patron - McEachin

F HB1803

Illegal gambling; promoting gambling aboard ships; penalty. Prohibits any person from knowingly advancing or profiting from a gambling activity, by: (i) managing, supervising, controlling, operating, or owning, either alone or in association with others, a gambling ship; (ii) managing, supervising, controlling, operating, or owning, either alone or in association with others, any craft which embarks from any point within the Commonwealth, and disembarks at the same or another point within the Commonwealth, during which the person intentionally causes or knowingly permits illegal gambling activity to be conducted, whether within or without the waters of the Commonwealth; or (iii) transporting, conveying, or carrying any person to a gambling ship or a craft. The bill prohibits gambling on what are commonly known as "cruises to nowhere." Under the bill, the penalty for a violation is a Class 6 felony; the bill also provides for a heightened penalty under certain circumstances. There are some technical amendments and an emergency clause.

Patron - McDonnell

F HB1804

Crimes; criminal solicitation. Provides that if a person solicits another person to commit: (i) a felony which is punishable by a term of imprisonment of 20 years or more, he shall be guilty of a Class 5 felony; or (ii) a felony which is punishable by a maximum term of imprisonment of less than 20 years, he shall be guilty of a Class 6 felony. The bill provides that if a person 18 or older solicits another person under age 18 to commit: (i) a felony which is punishable by a term of imprisonment of 20 years or more, he shall be guilty of a Class 4 felony; or (ii) a felony which is punishable by a maximum term of imprisonment of less than 20 years, he shall be guilty of a Class 5 felony.

Patron - McDonnell

F HB1807

Criminal records checks; the sale or transfer of firearms for a dealer or at a gun show; penalties. Requires firearms dealers to conduct an annual criminal records check for each of their employees or agents who sell firearms either at their place of business or at a gun show. The provisions of this section track the language of § 18.2-308.2:2, which requires criminal records checks for purchasers of firearms. The bill requires criminal records checks for persons transferring firearms subject to § 18.2-308.2:2 at gun shows. Additionally, there is a requirement for the Virginia State Police to maintain permanent records of the consent forms and firearm seller's numbers. This bill also creates new crimes: a Class 5 felony for providing false information on the consent form; Class 1 misdemeanors for either transferring a firearm in violation of this section or employing someone in violation of this section.

Patron - Watts

F HB1808

Patron - Drake

F HB1813

Motor vehicle offenses. Raises the fine for driving while intoxicated and transporting a minor to a minimum of $1,000 and a maximum of $2,000 (currently $100 and $500), as well as makes a third DUI offense within 10 years a Class 6 felony, with fourth and subsequent offenses carrying one-year mandatory minimum jail sentences. The bill prohibits the possession of any alcoholic beverage in the passenger area of a motor vehicle upon a public highway, or the right-of-way thereof, in other than the manufacturer's unopened, original container. A violation of this law is punishable as a Class 4 misdemeanor. The bill also provides that all motor vehicle occupants age 16 years and up will be required to wear seat belts and law-enforcement officers may not search or inspect a motor vehicle or its contents, the driver or a passenger solely because of a seatbelt violation.

Patron - Moran

F HB1815

Patron - Armstrong

F HB1816

Prior juvenile convictions. Makes clear that second or subsequent convictions in juvenile cases, as well as adult convictions, for violations of the prohibition against illegal distribution of Schedule I and II drugs make a person eligible for the enhanced punishment of imprisonment for life or for any period not less than five years and a fine of not more than $500,000.

Patron - Armstrong

F HB1850

Possession and distribution of gamma hydroxybutyrate and ketamine; penalty. Provides that gamma hydroxybutyrate and ketamine (date rape drugs) shall be listed on Schedule I for the purpose of penalties for violations of the Drug Control Act and that any person knowingly manufacturing, selling, giving, distributing or possessing such drugs shall be punished in accordance with existing provisions in Title 18.2 regarding Schedule I drugs. The drug flunitrazepam, also known as Rohypnol, already has this status.

Patron - Wilkins

F HB1904

Personal protection; carrying concealed weapons; when lawful to carry. Requires the chief law-enforcement officer of the last agency from which a law-enforcement officer retired to issue written proof of the retired officer's qualifications for exemption from the requirement to obtain a concealed weapons permit. This bill has been incorporated into HB 2332.

Patron - Joannou

F HB1912

Carrying concealed weapons; military service as proof of competency. Requires circuit courts which require proof of competency with a handgun to deem current military service or an honorable discharge such proof for the purpose of issuing a concealed weapons permit. This bill has been incorporated into HB 2332.

Patron - Callahan

F HB1926

Assuming the identity of another; penalty. Provides that any person who takes, assumes, or uses the name, birth date, social security number or identification of another person, living or dead, with the intent to obtain, use or assume the other person's identity for any unlawful purpose or to cause harm or financial loss to the other person shall be guilty of a Class 1 misdemeanor.

Patron - Cantor

F HB1984

False reports to law-enforcement officials; penalty. Includes knowingly giving conflicting testimony under oath under the Class 1 misdemeanor statute for giving a false report to law-enforcement officials.

Patron - Kilgore

F HB2009

Contributing to the delinquency of a minor. Includes in this misdemeanor violation the harboring of a minor who, without reasonable cause and without the consent of his parent, lawful custodian or placement authority, remains away from or habitually deserts or abandons his family or lawful custodian or escapes or remains away without proper authority from a residential care facility.

Patron - Cantor

F HB2060

Misprision of criminal activity; penalty. Provides that every person 18 years of age or older who witnesses another person or persons in the commission of an act or conduct which is intentionally threatening to the safety of another, which he knows or has reason to believe is criminal and which involves (i) bodily injury to another, (ii) the likelihood of bodily injury to another, or (iii) the display or brandishing of a firearm or other deadly weapon, shall have a duty to report the occurrence to a law-enforcement officer within the jurisdiction or to the State Police. The bill punishes failure to make such report within a reasonable time following the occurrence as a Class 1 misdemeanor.

Patron - Watts

F HB2098

Assault and battery against a family or household member. Provides that notwithstanding any other provision of law, a trial on any charges of family member assault shall be held within 45 days following the service of the warrant upon the accused except upon agreement among the accused, the attorney for the Commonwealth and the court.

Patron - Cantor

F HB2103

Possession of laser pointers on school property; penalty. Prohibits the possession of laser pointers by any person on (i) the property of any public, private or parochial elementary, middle or high school, including buildings and grounds, (ii) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (iii) any school bus owned or operated by any such school. Violation of this provision is a Class 1 misdemeanor. The bill also adds possession of laser pointers on school property or at a school-sponsored activity to those offenses for which students must be expelled from school attendance for one year.

Patron - Tata

F HB2108

Informed written consent for abortion. Establishes certain conditions for obtaining informed written consent from a pregnant woman, of any age, prior to performing an abortion, including the requirement that each woman be given, at least 24 hours before the abortion, an explanation of the proposed procedures or protocols; an instruction that she may withdraw her consent at any time prior to the procedure; an offer to speak with the physician who is to perform the abortion; a statement of the probable gestational age of the fetus at the time the procedure is to be performed; and an offer to review printed materials which must be developed by the Department of Health. The printed materials to be developed by the Department of Health include information (i) indexed by geography area on services available to assist a woman through pregnancy, childbirth and child rearing; (ii) depicting gestational development in two-week increments; and (iii) describing methods of abortion and the risks of abortion and full-term pregnancy. Informed written consent is not required in medical emergencies, which are defined as conditions which, on the basis of the physician's good faith clinical judgment, so complicate the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function.

Patron - McDonnell

F HB2118

VASAP monitoring. Provides that any person issued a restricted license pursuant to a conviction of a drug offense shall be monitored by an alcohol safety action program during the period of license suspension. The bill further provides that any violation of the terms of the restricted license or of any condition set forth by or any failure to remain drug-free during such period shall be reported forthwith to the court by such program.

Patron - Robinson

F HB2143

Grand larceny defined. Increases the amount necessary to qualify as grand larceny from $200 to $500, and amends the various sections which draw a distinction between grand larceny and petit larceny or between misdemeanors and felonies based on the $200 amount.

Patron - Moran

F HB2160

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

F HB2168

Crimes; 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. This bill has been incorporated into HB 1760.

Patron - Marshall

F HB2174

Allowing access to firearms by children; penalty. Raises the penalty for recklessly leaving a loaded firearm in a manner which endangers a child from a Class 3 misdemeanor to a Class 6 felony. The bill also makes the person leaving the firearm an accessory before the fact, if the child commits a crime with such weapon.

Patron - Keating

F HB2179

Patron - Purkey

F HB2235

Assault and Battery. Requires a mandatory, minimum sentence for a simple assault or an assault and battery or an assault and battery on a family member which results in a bodily injury to the victim. There are technical amendments.

Patron - Albo

F HB2264

Informed consent and 24 hour waiting period. Requires the informed consent of the purchaser to purchase a handgun from a dealer and requires a 24-hour waiting period before the purchase of any firearm from a dealer. The bill further requires that the National Rifle Association and Virginians Against Handgun Violence develop guidelines suggesting the nature and form of the informed consent required by this act, to be approved by the Virginia State Crime Commission and the Virginia Commission for Youth for implementation on or before January 1, 2000.

Patron - Darner

F HB2284

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 not more than $500 for the first offense and not more than $1,000 nor less than $100 for the second or subsequent offense.

Patron - Marshall

F HB2446

Battery of a sports official. Provides for a mandatory period of incarceration of two days when the accused is an adult and the object of a battery is a sports official, and six months' mandatory incarceration if a gun is used.

Patron - Reid

F HB2458

Concealed weapons. Makes the following changes in the concealed weapon and concealed handgun law: allows a person to carry a concealed weapon without a permit while in his own place of business, provides that the training required prior to issuance of a concealed handgun permit never expires unless specified on the training documentation, requires a clerk of circuit court to give an applicant written notice of his right to an ore tenus hearing upon denial of his concealed-carry permit, specifically defines "under the influence of alcohol or drugs" for the purposes of the misdemeanor of being under the influence while carrying a concealed handgun in a public place, limits the personal information which may be included on the face of a permit and specifies its size, removes the prohibition on carrying a concealed handgun in a restaurant or bar which serves alcohol and provides for a 60-day time period to petition the Court of Appeals for review of a denial of a concealed-carry permit instead of the current 30 days. This bill has been incorporated into HB 2332.

Patron - Black

F HB2481

Under the bill the prohibition would not apply to (i) any foreign flagged craft provided that no illegal gambling occurs within the territorial waters of the Commonwealth or (ii) gambling activity conducted during travel from foreign nations or another state or territory of the United States to the point of first entry into the Commonwealth or during travel to foreign nations or another state or territory of the United States from the point of final exit from the waters of the Commonwealth. The bill also provides that the penalty for a violation is a Class 1 misdemeanor. There are some technical amendments and an emergency clause.

Patron - Wagner

F HB2544

Charitable gaming; eligibility. Provides that any organization which is exempt from taxation under § 501 (c)(7) of the Internal Revenue Code and which was issued a permit to conduct charitable gaming by (i) a local governing body prior to July 1, 1996, and (ii) the Charitable Gaming Commission after such date shall be eligible for a permit to conduct charitable gaming.

Patron - Ruff

F HB2550

Assault and battery against a family or household member; penalty. Requires a minimum, mandatory term of confinement of 48 hours if assault and battery against a family or household member is committed in the presence of a minor.

Patron - McDonnell

F HB2559

Injuring, etc., any property, monument, etc. Allows a court the discretion to order a defendant to pay restitution after being convicted of unlawfully destroying, defacing, damaging or removing without the intent to steal any property, or breaking down, destroying, defacing, damaging or removing without the intent to steal, any monument.

Patron - Reid

F HB2562

Assault and battery against a family member. Provides that guilty defendants not previously convicted of assault and battery against a family member may be placed on probation and enter treatment and education programs. Charges may be dismissed upon successful completion of probation but count as a conviction in subsequent proceedings.

Patron - McDonnell

F HB2599

Unauthorized use of a vehicle; penalty. Provides that any person who takes, uses, occupies or rides in the motor vehicle of another when, considering all the circumstances of his taking, using, occupying or riding, he knows or has reason to know that he is doing so without the consent of the owner, shall be guilty of a Class 1 misdemeanor.

Patron - Jones, D.C.

F HB2674

Unauthorized interception and use of personal information; penalty. Creates a Class 3 misdemeanor for any person who knowingly intercepts and uses "personal information" about any other person, without having first obtained the consent of such person, via any telecommunication device. "Personal information" means the same as provided for in the Privacy Protection Act in Title 2.1.

Patron - O'Brien

F HB2675

Reciprocity with other states in driver's license suspensions. Removes language in the motor vehicle code requiring that the laws of another state be substantially similar to Virginia's in order that a violation thereof would result in a license suspension.

Patron - O'Brien

F HB2676

Juvenile drunk driving. Provides that in cases involving a juvenile who is charged with driving while intoxicated, the court may impose those penalties which are authorized to be imposed on adults for such offense in lieu of penalties otherwise authorized. The bill also provides that any confinement imposed may be for a fixed period and shall be served in a detention home or other secure facility for juveniles.

Patron - O'Brien

F HB2677

Creating false identification cards. Provides that if any person creates for another person any forged, false, altered, fictitious, facsimile or simulated identification document, including, but not limited to, a birth certificate, student identification card, or motor vehicle operator's license, he shall be guilty of a Class 1 misdemeanor.

Patron - O'Brien

F HB2685

Tobacco and minors. Increases penalties for selling tobacco to a minor to $500 for a first violation and $1,000 for a second violation and $2,500 for a third or subsequent violation; adds to penalties for possession of tobacco by a minor, 80 hours of community service for a first violation and 160 hours of community service for a second or subsequent violation; and provides that in any case where a person in possession of tobacco is under the age of 16, the court may enter an order delaying the person's eligibility to apply for a driver's license until his seventeenth birthday. This bill has been incorporated into HB 2611.

Patron - Davis

F HB2695

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. This bill has been incorporated into HB2726.

Patron - Scott

F HB2701

Disposal of seized substances. Authorizes the courts to allow law-enforcement agencies to use seized narcotics in undercover operations or for other investigative purposes.

Patron - Drake

F HB2713

Information on firearm safety, prevention of theft. Provides that the Department of State Police shall develop, by January 1, 2000, a standard informational package to be furnished to each licensed firearms dealer in the Commonwealth at no cost to the dealer which shall contain instructions on preventing theft of firearms and implementing security measures, and information on measures for insuring firearm user safety after purchase.

Patron - Moran

F HB2714

Basic information on Virginia's laws governing access to firearms by minors. Requires the Department of State Police to develop, by January 1, 2000, a standard informational form and posted notice to be furnished to each licensed firearms dealer in the Commonwealth at no cost to the dealer to provide basic information on Virginia's laws governing access to firearms by minors. The bill further requires that copies of the form shall be made available to the purchaser by the dealer whenever a firearm is purchased and that every firearms dealer shall conspicuously post the written notice.

Patron - Moran

F HB2715

Crimes; lewd and lascivious acts. Repeals the provisions that penalize lewd and lascivious acts.

Patron - Moran

F HB2716

Patron - Baskerville

F HB2726

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 officers, court personnel, those holding valid concealed handgun permits and those otherwise in legal and nonthreatening possession of legal weapons.

Patron - Hull

F HB2729

Definition of firearm. Redefines "firearm" for the purposes of the body of law governing possession and use of firearms on school grounds to exclude a toy gun of the type which is not designed or intended to propel a missile of any kind.

Patron - Ruff

F HB2739

Driving under the influence. Requires the imposition of a minimum, mandatory jail term 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 - McDonnell

F HB2741

Improper use of laser pointer. Creates a new Class 1 misdemeanor for aiming a laser pointer at a police officer with a mandatory, minimum sentence of six months, 30 days of which shall not be suspended.

Patron - Hull

F SB759

Punishment upon conviction of certain criminal sexual acts. Provides that aggravated sexual battery is a crime for which a second offense is punishable by life imprisonment without suspension. The bill also expands the list of those sexual offenses for which a second or subsequent offense is punishable by the maximum amount allowable for the latest offense, none of which is subject to suspension. This change allows a second offense, taken from the list of more serious (life imprisonment) second offenses, to aggravate the punishment of a less serious first offense, and vice versa. The bill also increases the punishment for a second offense of taking indecent liberties with children to a Class 5 felony. Currently all such offenses are Class 6 felonies.

Patron - Howell

F SB762

Gang activity. Defines "criminal street gang," "gang member" and "predicate criminal act." The bill makes commission of a predicate crime committed as part of street gang activity a Class 6 felony if the predicate crime is a misdemeanor and a Class 4 felony if the predicate crime is a felony. The bill also punishes recruitment of a juvenile into a street gang as a Class 1 misdemeanor, or a Class 6 felony for a second offense, and punishes enlistment of juveniles to trade in drugs or stolen property by a 10- to 50-year sentence with a $100,000 fine, five years of the imprisonment to be mandatory. This bill has been incorporated into HB 1744.

Patron - Mims

F SB771

Patron - Stolle

F SB802

Patron - Schrock

F SB813

Patron - Schrock

F SB839

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 or secondary 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

F SB850

Crimes; bulk transfer of currency. Makes it a Class 6 felony to transport more than $10,000 in currency knowing that it was derived through felonious activity. The proposal makes second or subsequent violations a Class 4 felony. This bill has been incorporated into SB 849.

Patron - Stolle

F SB852

Patron - Stolle

F SB875

Patron - Ticer

F SB880

Patron - Hawkins

F SB882

Driving under the influence. Makes a third DUI offense, committed within 10 years of a first offense, punishable as a Class 6 felony. The ceilings on the mandatory, minimum penalties for third offenses are eliminated. This bill has been incorporated into SB 841.

Patron - Mims

F SB883

Crimes; driving while intoxicated. 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.

Patron - Mims

F SB884

Child pornography and indecent liberties with children. Raises the penalty for possession of child pornography from a Class 3 misdemeanor to a Class 1 misdemeanor and provides additionally that it is a Class 6 felony to use electronic means to promote the use of a minor in an activity involving indecent liberties with children.

Patron - Mims

F SB890

Hate crimes. Adds gender and 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 expands the terroristic act reporting requirements of the State Police, and the availability of specific injunctive relief for acts motivated by hate. The bill adds the words "actual or perceived," so the offense exists notwithstanding the offender's mistaken belief about the race, ethnicity, color, gender, sexual orientation or religion of the victim. There are technical amendments to the assault and battery statute.

Patron - Ticer

F SB913

Assault and battery. Raises the punishment for a third or subsequent conviction of assault and battery within 10 years, on separate dates, to a Class 6 felony. There are technical amendments.

Patron - Hawkins

F SB997

Controlled substances listed on Schedule I. Clarifies that the designations of substances listed on various subdivisions of Schedule I of the Drug Control Act include any plant material containing such substances. Currently, the law classifies any material containing some of the listed substances as the relevant Schedule I drug; however, at least one court has held that possession with intent to distribute plant material containing cathinone is not covered by the designation of cathinone or any material containing cathinone as a Schedule I drug. This bill states explicitly that "any material" includes any plant material containing any quantity of the listed substances. Plant products of Catha Edulis, an evergreen plant containing cathinone (Schedule I drug) and cathine (Schedule IV drug), are stimulants, known on the street as "khat," kat, qat, and other similar appellations.

Patron - Mims

F SB1024

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 - Gartlan

F SB1036

Capital murder by dismemberment. Adds to the list of those acts comprising capital murder the willful, deliberate, and premeditated killing of any person (i) by dismemberment, (ii) including dismemberment or (iii) followed by dismemberment.

Patron - Newman

F SB1038

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 - Saslaw

F SB1052

Fraudulently acquiring a confidential record. Provides that any person who, by impersonating another person, or by fraud or deceit, acquires for an improper purpose information of another which is maintained by a state or local governmental agency as not open to the public, is guilty of a Class 1 misdemeanor.

Patron - Newman

F SB1072

Motor vehicle safety belts. Provides that all motor vehicle occupants age 16 years and up will be required to wear seat belts and that law-enforcement officers may not search or inspect a motor vehicle or its contents, the driver or a passenger solely because of a seatbelt violation.

Patron - Stolle

F SB1120

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

F SB1320

Concealed weapons. Expands the law-enforcement officers exempt from the concealed weapons statute to include Department of Alcoholic Beverage Control special agents, police agents appointed by railroad companies, Virginia Marine Patrol officers, full-time sworn security officers of the State Lottery and, when performing certain duties, full-time sworn members of the DMV enforcement unit. The bill provides that sworn law-enforcement officers, sheriffs, and deputy sheriffs of the United States and other states are exempt when discharging their duties. The bill also provides that persons who are ineligible to possess a firearm under state or federal law are disqualified from obtaining a permit. The Virginia Department of State Police is charged with promulgating regulations to implement the bill.

Patron - Howell

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P Passed

F Failed