Criminal Procedure

P Passed

P HB86
Release on bail after conviction. Provides that if a person is to be released on bail following his conviction for a violent felony and the defendant was sentenced to serve a period of incarceration not subject to suspension, the court shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public. The bill also provides that a person who fails to appear after having been released on bail following his conviction and pending his sentencing will be punished in the same fashion as a person charged and released on bail prior to trial.
Patron - Deeds

P HB701
Magistrates; residence. Removes the current statutory requirement that a magistrate be a resident of the judicial district for which he is appointed and the exceptions from this requirement created for Arlington, Fairfax, Prince William, Alexandria, and Norfolk by allowing residence in an adjoining judicial district. This bill is recommended by the Committee on District Courts.
Patron - Davies

P HB1446
Presentence investigations and reports. Provides that presentence investigations and reports shall be required only when the defendant pleads guilty without a plea agreement or after a finding of guilty by the court after a plea of not guilty. Last year's amendments, to become effective July 1, 1999, mandate a presentence report in every case (including, implicitly, plea agreements). This change would allow a court to issue a sentence agreed upon in a plea agreement without the report and an additional hearing.
Patron - Melvin

P HB1468
Admission into evidence of certain certificates of laboratory analysis. Provides that a certificate of analysis may be used as evidence if a copy of such certificate is mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused at least seven days prior to the hearing or trial upon request made by such counsel to the clerk with notice of the request to the attorney for the Commonwealth. Current law does not require the notice to the attorney for the Commonwealth.
Patron - Albo

P HB1522
Limitations of actions by confined persons; exhaustion. Requires persons confined in local correctional facilities to exhaust all administrative remedies before bringing any personal action relating to the conditions of their confinement.
Patron - Harris

P HB1867
Sex Offender Registry. Requires probation or parole officers to notify the State Police whenever one of their probationers or parolees required to register changes residence, if the officer becomes aware of the change of address.
Patron - McQuigg

P HB1874
Protective order in cases of stalking. Specifies that a protective order issued pursuant to a case of stalking may specifically prohibit contact of any kind by the respondent with the petitioner or petitioner's family.
Patron - Watts

P HB1893
Comprehensive Community Corrections Act for Local Responsible Offenders. Makes technical amendments designed to reduce misinterpretation and confusion in implementing this program.
Patron - Sherwood

P HB2315
Dissemination of criminal history record information. Provides that criminal history record information shall be supplied at no charge for a person who has applied to be a volunteer with any affiliate of Prevent Child Abuse, Virginia. Current law allows for such information without charge for a Virginia affiliate of Big Brothers/Big Sisters of America, a volunteer fire company or volunteer rescue squad or the Volunteer Emergency Families for Children.
Patron - Byron

P HB2366
Not guilty by reason of insanity. Provides that an acquittee who is on conditional release and violates the provisions of the conditional release order but does not require inpatient hospitalization may be held in contempt of court for violating the order. This bill is identical to SB 976.
Patron - Armstrong

P HB2373
Extradition. Requires fugitive to pay the costs of extradition into the state treasury.
Patron - Hull

P SB370
Exclusion of victims from criminal trials. Allows a crime victim to remain in the courtroom unless his presence is determined by the court to substantially impair the conduct of the trial. This replaces the rule which provides for exclusion of the victim if he would be called as a material witness.
Patron - Gartlan

P SB760
Sex offender registration. Requires registration by nonresidents who enter the Commonwealth to attend school, carry on a vocation or become employed if they would be required to register if they were a resident of the Commonwealth or if they are required to register in their home state. The bill also allows the guardian of an offender incapable of reoffending and reregistering to petition the convicting court for termination of the requirement to reregister. A medical assessment and hearing are required. The Department of State Police is required to annually verify and report to the attorney for the Commonwealth that the offender continues to suffer from the physical condition that allowed termination of the duty to register. Day-care and child-minding services are added to the list of entities that are eligible to receive notice of registration or reregistration of an offender within the same or a contiguous zip code. The bill expands the offenses for which registration is required, to include sexual battery and attempted sexual battery. There are also technical amendments.
Patron - Howell

P SB845
Civil commitment of sexually violent predators. Authorizes the civil commitment of persons convicted of a violent sex offense or found to have committed the offense but are incapable of standing trial for the crime whose mental abnormalities render them so likely to commit sexually violent offenses that they constitute a threat to the health and safety of others. Such persons will be committed for an indeterminate period to facilities operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services for treatment and confinement consistent with their needs. The bill requires reenactment by the 2000 General Assembly. This bill is identical to HB 1775.
Patron - Forbes

P SB853
Violent felony offenses. Adds the following crimes to the list of violent felony offenses at the recommendation of the Virginia Criminal Sentencing Commission: (i) damage to facility involved with infectious biological substances; (ii) possession with intent to injure with infectious biological substances; (iii) drunk driving with reckless disregard where victim is permanently injured; (iv) murder of a pregnant victim without premeditation; (vi) throwing object from a rooftop with intent to cause injury; (vii) aggravated vehicular manslaughter; (viii) third conviction of sexual battery or attempted sexual battery; (x) shooting or throwing missile at a train, car, etc; and (ix) shooting or throwing missile at law-enforcement or emergency vehicle.
Patron - Stolle

P SB874
Sex Offender Registry. Requires any Virginia resident or person convicted in Virginia of a violation of the Mann Act (interstate commerce or travel in interstate commerce for the purpose of engaging in certain illegal sexual acts) to register in Virginia.
Patron - Ticer

P SB903
Issuance of process for the arrest of a person for capital murder. Provides that no law-enforcement officer shall seek issuance of process by any judicial officer for the arrest of a person for the offense of capital murder, without prior authorization by the attorney for the Commonwealth. This change is intended to limit the fees paid to court-appointed counsel for representation in a capital murder case when the case never proceeds as such.
Patron - Norment

P SB927
Virginia Criminal Sentencing Commission. Changes cross-references to the Commission to reflect the recodification of Title 17.
Patron - Gartlan

P SB976
Not guilty by reason of insanity. Provides that after a finding by the court that the acquittee has violated the conditions of his release but does not require inpatient hospitalization, the court may hold the acquittee in contempt of court for violation of the conditional release order. This bill is identical to HB 2366.
Patron - Reynolds

P SB1011
Crime victims. Requires law-enforcement personnel to provide victims with a standardized form stating the specific rights afforded crime victims and including a telephone number by which the victim can receive further information and assistance in securing those rights.
Patron - Howell

P SB1159
Payment of medical fees; criminal cases. Provides that all medical fees involved in the gathering of evidence for criminal cases of child abuse, malicious wounding, assault and battery, and homicide will be paid by the Commonwealth out of the appropriation for criminal charges.
Patron - Gartlan

P SB1166
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. The authority of the court to defer proceedings and impose the terms and conditions set forth in the bill is declaratory of existing law.
Patron - Stolle

F Failed

F HB1433
Service of arrest warrant on DOC inmate. Makes changes to the procedure for serving criminal warrants on an inmate for a crime other than the one for which he is currently incarcerated. Presently, there is no statutorily defined procedure for serving a warrant for a new crime on an inmate, while incarcerated. This bill would allow a judicial officer to issue a warrant and a transportation order contemporaneously, to be served upon the inmate and the Department of Corrections. The Sheriff of the issuing jurisdiction would then serve the papers and transport the inmate to the issuing court for the required bail hearing and appointment of counsel. The locality may return the inmate to DOC or retain custody of the inmate until the matter is concluded.
Patron - Jones, J.C.

F HB1453
Admission into evidence of certain certificates of analysis; evidence of chain of custody of material described therein. Allows laboratories approved by the U.S. Department of Health and Human Services' "National Laboratory Certification Program" to be included on the list of laboratories whose certificates of analysis may be entered into evidence as a hearsay exception and without testimony regarding the chain of custody.
Patron - Murphy

F HB1538
Investigations and reports by probation officers in certain cases. Removes the requirement that a presentence report be prepared in all cases where supervised probation is anticipated.
Patron - Robinson

F HB1575
Admission into evidence of certain certificates of analysis. Provides that in DUI prosecutions the clerk of the court shall provide blood test results to the counsel for the accused, upon request. Under current law, the request could be made of the attorney for the Commonwealth. This bill has been incorporated into HB 1468.
Patron - Landes

F HB1656
Sentencing by the jury after conviction for a felony. Provides that, if the jury cannot agree on a punishment after conviction of a felony, the court shall impanel a different jury to ascertain punishment unless the defendant, the attorney for the Commonwealth, and the court agree that the court shall fix punishment. Current law only provides for the court to fix punishment upon agreement of the parties.
Patron - Jones, J.C.

F HB1693
Criminal procedure; bail. 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 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 was combined with HB 1691.
Patron - Almand

F HB1868
Crime victim rights. Provides that, when practicable, attorneys for the Commonwealth shall notify crime victims of any hearing held to establish or revoke bail or to change the amount of the bond of an accused.
Patron - McQuigg

F HB1884
Criminal procedure; conditions of release. Allows a judicial officer before whom has been brought a person held in custody and charged with an offense, other than an offense punishable by death, or a juvenile taken into custody pursuant to § 16.1-246, for consideration of release pending trial or hearing of the accused on his recognizance to restrict his contacts with household members for a period longer than 72 hours. Currently, the judicial officer cannot place such a restriction for longer than 72 hours.
Patron - Johnson

F HB1908
Compensation of court-appointed counsel. Raises court-appointed counsel fees by 10 percent, including those already scheduled to go into effect on July 1, 1999.
Patron - Spruill

F HB2045
Who may be appointed magistrates. Removes the provision which prohibits a person from becoming a magistrate if his spouse is a law-enforcement officer or is a clerk or other employee charged with enforcing the laws of the Commonwealth.
Patron - Stump

F HB2051
Interpreters for non-English-speaking defendants. Requires a defendant for whom an interpreter is appointed to pay, as a part of court costs, the fee for such interpreter if the defendant is found guilty.
Patron - Weatherholtz

F HB2082
Presentence reports. Provides that the court is not required to request a presentence report following a guilty plea to a misdemeanor charge. Current law requires such reports following a finding of guilt upon any felony charge and following a finding of guilt in the case of certain serious misdemeanors.
Patron - Baker

F HB2115
Revocation of probation. Provides that the one-year limitation on arrest of a probationer who violates his probation shall be tolled during any period of absence of the defendant from the Commonwealth.
Patron - Robinson

F HB2129
Eligibility for expungement of arrest record. Adds to those eligible for expungement of arrest records those persons with no prior criminal record who were charged with a misdemeanor and then fully complied with the terms of an agreement or deferral approved by the court.
Patron - Albo

F HB2175
Revocation of probation and suspended sentence. Provides that whenever the court revokes a person's probation and the cause for such revocation is the person's charge and conviction of a Class 1, 2 or 3 felony, the court shall likewise revoke no less than one-third of any suspended sentence.
Patron - Robinson

F HB2194
Alcohol and substance abuse screening. Allows a substance abuse screening and assessment ordered upon conviction of certain Class 1 misdemeanors to be conducted by the local community services board as well as the local alcohol safety action program. This bill has been incorporated into HB 2159.
Patron - Rhodes

F HB2298
Capital case bill of review. Authorizes a prisoner under sentence of death or whose sentence of death has been commuted to life imprisonment by the Governor to present a capital case bill of review as a civil proceeding to the circuit court which entered the order fixing the prisoner's punishment at death, provided designated conditions are met. Service is to be upon the Attorney General and the Commonwealth's attorney for the county or city in which the original case was tried. The Commonwealth's attorney is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the Commonwealth's attorney. The bill of review is to be dismissed if the court finds that the conditions stipulated have not been met or that the evidence claimed to be newly discovered does not establish a significant probability of actual innocence. If a sufficient basis is found, the court is to hear the newly discovered evidence and such evidence as the Commonwealth may present in rebuttal. If the court finds a significant probability of innocence, an order is to be issued granting the bill of review. Any decision by the circuit court may be appealed by the prisoner or by the Commonwealth by filing a petition for appeal to the Supreme Court within 30 days of the circuit court's decision.
Patron - Almand

F HB2361
Who may issue process of arrest. Provides that any warrant for the arrest of a person known to be either a teacher or a person employed by the school board in any public school division in this Commonwealth for a felony; or for a misdemeanor involving (i) sexual assault, (ii) obscenity and related offenses, (iii) drugs, (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child; shall be issued only by a circuit court judge. This bill is the same as SB 1232.
Patron - McEachin

F HB2374
Waiver of extradition from foreign jurisdiction. Provides that any person convicted of a felony in this Commonwealth and thereafter released on probation or parole shall be required as a condition of such release to enter into a written agreement in which he consents to waive his right to participate in all extradition proceedings and consents to extradition from any other jurisdiction where he may be found, in the event that at any time after his release and while under parole supervision or supervised probation, a warrant for his arrest is issued in the Commonwealth.
Patron - Hull

F HB2435
Sentencing in misdemeanor appeals. Requires a bifurcated proceeding and jury sentencing in a jury trial in the circuit court on an appeal from a conviction of a misdemeanor in the district court.
Patron - Armstrong

F HB2554
National criminal background check; child care providers. Authorizes any business or organization that provides care to children to request the Department of State Police to conduct a national criminal background check, through the use of fingerprints, on persons who work or volunteer at such organizations in a child care position. To conduct the background check, the Department shall utilize (i) the national criminal history background check system which is maintained by the Federal Bureau of Investigation and (ii) the Central Criminal Records Exchange maintained by the Department. This legislation is permitted by the National Child Protection Act (42 U.S.C. § 5119 et seq.) enacted by the federal government in 1993.
Patron - Crittenden

F HB2623
Exclusion of witnesses. Permits the attorney for the Commonwealth to designate one law-enforcement officer, who may or may not be a witness in the case, to remain in the courtroom and assist the attorney for the Commonwealth in the trial.
Patron - Dudley

F HB2626
Criminal Injuries Compensation Fund; defense by Attorney General. Declares the authority of the Attorney General, or his designee, to appear before the Virginia Workers' Compensation Commission to defend claims against the Criminal Injuries Compensation Fund. The bill also provides that with the Commission's consent, the Attorney General may enter an appearance in a claim against the Fund at any stage of the proceedings, if he determines that the Fund needs to be protected. The Criminal Injuries Compensation Fund provides financial assistance to victims of crime within the Commonwealth. The Commission hears and determines all claims for awards from the Fund.
Patron - Kilgore

F HB2678
HIV and DNA tests of sex offenders. Requires HIV testing for anyone, including juveniles, charged with an offense which, upon conviction, requires registration as a sex offender and that the results of such test be shared with the victims of the crime. Additionally, the bill requires DNA testing for those required to register as a sex offender.
Patron - O'Brien

F HB2700
Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions. Provides that scheduling the initial trail date beyond the period of time required by the statute does not violate the defendant's right to a speedy trial if the date is agreed to by the defendant or his counsel.
Patron - Drake

F HB2704
Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case. Eliminates the right to a preliminary hearing on a felony charge if the defendant has already been indicted by a grand jury on the same charge prior to the date of the preliminary hearing.
Patron - Drake

F HB2762
Public defenders. Allows the public defender for the locality or the Public Defender Commission the discretion to decide whether assistant public defenders should engage in private practice.
Patron - Robinson

F SB711
Discharge and dismissal. Grants the district courts the authority to defer proceedings, impose terms and conditions, and order discharge and dismissal upon compliance with the terms and conditions, in any case involving a traffic infraction or other offenses involving the operation of a motor vehicle which do not involve such operation while under the influence of alcohol or drugs. The Attorney General has opined that in the absence of specific statutory authority, the courts of this Commonwealth have no authority to take a case under advisement.
Patron - Gartlan

F SB905
Preparation of discretionary sentencing guidelines. Deletes the provision providing for the preparation of the discretionary sentencing guidelines by attorneys for the Commonwealth. This is a recommendation of the Virginia Criminal Sentencing Commission.
Patron - Stolle

F SB916
Exclusion of witnesses. Permits the attorney for the Commonwealth to designate one law-enforcement officer, who is not a witness in the case, to remain in the courtroom and assist the attorney for the Commonwealth in the trial.
Patron - Hawkins

F SB969
Presentence investigations and reports. Restores language that leaves it up to the court or the defendant whether a presentence investigation and report are required. Last year's amendments, to become effective July 1, 1999, mandate a presentence report in every case (including, implicitly, plea agreements). The bill also removes another 1998 amendment that required substance abuse screening and assessment for certain convicted defendants. Substance abuse assessment will be at the discretion of the court.
Patron - Reynolds

F SB970
Collection of fines. Provides that the Tax Department has the duty of collecting delinquent (unsatisfied for 60 days) court fines, costs, forfeitures, penalties and restitution, although upon notice to the Tax Department the attorney for the Commonwealth may institute proceedings. The Tax Department or attorney for the Commonwealth may deduct a fee for services for amounts collected for violations of local ordinances but not for sums collected under the Setoff Debt Collection Act. The Tax Department may contract with private attorneys or collection agencies for second placement of any delinquent accounts.
Patron - Reynolds

F SB978
Sentencing in misdemeanor appeals. Requires a bifurcated proceeding and jury sentencing in a jury trial in the circuit court on an appeal from a conviction of a misdemeanor in the district court or on direct indictment.
Patron - Reynolds

F SB988
Presentence investigations and reports. Provides that presentence investigations and reports shall be required only when the defendant pleads guilty without a plea agreement or after a finding of guilty following a trial on the merits. Last year's amendments, to become effective July 1, 1999, mandate a presentence report in every case (including, implicitly, plea agreements). This change would allow a court to issue a sentence agreed upon in a plea agreement without the report and an additional hearing.
Patron - Quayle

F SB989
Central Criminal Records Exchange. Requires that reports to CCRE contain a citation to the section of the Code of Virginia under which the person was arrested or convicted or, if the person was charged or convicted under an ordinance, the Code section parallel to that ordinance.
Patron - Quayle

F SB1170
Criminal procedure; criminal history record information. Requires the State Police to develop and maintain a system for making certain criminal history conviction record information available, by means of the Internet, to any member of the public who pays a $15 fee.
Patron - Stolle

F SB1232
Who may issue process of arrest. Provides that any warrant for the arrest of a person known to be either a teacher or a person employed by the school board in any public school division in this Commonwealth for a felony; or for a misdemeanor involving (i) sexual assault, (ii) obscenity and related offenses, (iii) drugs, (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child; shall be issued only by a circuit court judge. This bill is the same as HB 2361.
Patron - Marsh

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