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Crimes and Offenses Generally

Passed

P HB67

Charging a violation of driving while intoxicated. Clarifies language in DUI law to require the warrant, information, or indictment on which a person is convicted to allege that such person has been previously convicted of an offense committed within the specified time period (five or 10 years). The bill also includes some clarifying, non-substantive changes.
Patron - Janis

P HB119

One-handgun-a-month. Provides that the one-handgun-a-month purchase limitation does not apply to a person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day.
Patron - Pollard

P HB223

Concealed weapons. Provides than no fee shall be charged for the issuance of a concealed weapon permit for a retired law enforcement officer after completing fifteen years of service with a police or sheriff's department within the United States, the District of Columbia or any of the territories of the United States.
Patron - Carrico

P HB260

Infectious biological substances. The bill defines "radiological agent" and provides that the possession, with the intent to injure another, of an infectious biological substance or radiological agent, capable of causing death or serious bodily injury, is a Class 5 felony. A person who manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony. This bill is identical to the amendments to § 18.2-52.1 in HB 1120 and SB 514.
Patron - McQuigg

P HB300

Possession of stun weapons and tasers by convicted felons. Rewords last year's amendment to the law that prohibits a convicted felon from possessing a firearm to make it abundantly clear that he may possess only a stun weapon or taser as defined by § 18.2-308.1 in his residence or the curtilage thereof.
Patron - McDonnell

P HB304

Computer trespass. Provides that, with respect to the computer trespass Code section, nothing in the section shall be construed to prohibit a parent or legal guardian from monitoring the computer usage of a minor, denying the minor access to the computer or Internet or lawfully copying data.
Patron - McDonnell

P HB308

Reporting of criminal justice record information. Requires the use of Virginia crime code references on all reports to the Central Criminal Records Exchange and to any other criminal offense or offender database maintained by the State Police, the Supreme Court of Virginia, the Department of Corrections, the Department of Juvenile Justice, the Virginia Parole Board and the Department of Criminal Justice Services if reenacted in 2003. The Virginia crime code references are maintained by the Virginia Criminal Sentencing Commission. The bill designates affected agencies to meet and submit a written plan for accomplishing these requirements to the Crime Commission by December 1, 2002.
Patron - McDonnell

P HB369

Obstructing justice by giving a false statement to a law-enforcement officer. Provides that any person who knowingly and willfully makes any materially false, statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 2 misdemeanor.
Patron - Cosgrove

P HB416

Violations of custody or visitation order. Increases the penalty for any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear violation of a custody or visitation court order from a Class 4 to a Class 3 misdemeanor. Increases the penalty for a person who commits a second violation of this section within twelve months of a first conviction from a Class 3 to a Class 2 misdemeanor. The penalty for a third violation occurring within twenty-four months of the first conviction is increased from a Class 2 to a Class 1 misdemeanor.
Patron - Reese

P HB432

Carrying firearms during period of protective order. Clarifies that any person with a concealed handgun permit is prohibited from carrying any firearm, concealed or otherwise, for the duration of any protective order, and requires surrender of his permit to the court entering the order. A knowing violation is a Class 1 misdemeanor. This bill is substantially similar to SB 46.
Patron - Hurt

P HB455

Bad checks; notice of nonpayment. Allows an affidavit of service of mailing to be used when a notice to the drawer is sent by regular mail in a civil action for giving a bad check.
Patron - Griffith

P HB456

Crimes; stalking. Exempts law-enforcement officers and regulated private investigators, acting in the course of their business, from the provisions of the stalking statute.
Patron - Griffith

P HB565

Criminal solicitation; penalty. Increases the penalty for soliciting another person to commit a murder from the current Class 6 felony to a term not less than five years or more than 40 years. This bill is identical to SB 321.
Patron - Byron

P HB666

Impersonation of public safety personnel. Raises the punishment for impersonation of a firefighter or other public safety personnel from a Class 3 to a Class 1 misdemeanor.
Patron - Cox

P HB671

Forfeiture of driver's license for driving while intoxicated. Provides that a person loses his driver's license for three years if convicted of driving while intoxicated for the second time within ten years. Currently, apparently by error, there is no time limit and a license could be suspended no matter how many years later the second offense occurs.
Patron - Watts

P HB816

Employee court appearances. Expands the statutory protections currently available to employees who are summoned or subpoenaed to court to include persons "who, having appeared, are required in writing by the court to appear at any future hearing." People in this category would then have the protections of the current statute, which provides that an employer who discharges, takes adverse personnel action, or requires the use of sick leave or vacation time regarding an employee who has given the employer notice of the court appearance is guilty of a Class 3 misdemeanor. This bill is a recommendation of the Committee on District Courts.
Patron - Almand

P HB931

Charitable Gaming Commission; fair market rental value. Adds a definition of "fair market rental value" and provides clarification of "winner-take-all" games.
Patron - Joannou

P HB951

Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties. Provides an exemption from the requirement of employees of a federally licensed firearms dealer to submit fingerprints if the employees submit a notarized affidavit that they have previously submitted fingerprints to the Bureau of Alcohol, Tobacco and Firearms and were approved by the Bureau. Punishes a false statement in the affidavit as a Class 5 felony.
Patron - Landes

P HB1058

Carrying concealed weapons. Provides that any person otherwise eligible, if he is a member of the United States armed forces, may apply for a concealed handgun permit in the county or city in which he is domiciled even though he may be a resident of another state.
Patron - Melvin

P HB1120

Terrorism. Broadens Virginia's capabilities to respond to terrorism. The bill defines terrorism and weapon of terrorism and punishes committing, aiding and abetting terrorism, manufacture and possession of terrorist and hoax devices, acts of bioterrorism against agricultural crops or animals and making terrorist threats. The bill makes murder in the furtherance of terrorism a capital crime. The bill defines "radiological agent" and provides that the possession, with the intent to injure another, of an infectious biological substance or radiological agent, capable of causing death or serious bodily injury, is a Class 5 felony. A person who manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony. The bill adds search and rescue and emergency medical services personnel to the section that provides enhanced penalties for malicious bodily injury to law-enforcement officers and fire-fighters. The bill allows the Attorney General to prosecute money laundering with the concurrence of the attorney for the Commonwealth of the locality. The bill expands wiretap capabilities in response to terrorist activity and restricts admission to bail of a person charged with a terroristic crime. The bill also expands seizure and forfeiture law to include property associated with terrorism. The bill allows localities to be reimbursed for emergency response costs for terrorism hoaxes. This bill is identical to SB 514.
Patron - Albo

P HB1154

Medically induced infanticide; penalty. Creates a Class 4 felony for any person to cause the death of a living fetus by deliberately and intentionally performing either: (i) the delivery of a living fetus or a substantial portion thereof into the vagina for the purpose of performing a subprocedure intended to kill the fetus, performing the subprocedure and completing the delivery of the fetus regardless of whether death occurs before or after delivery or (ii) surgically accessing a living fetus by Caesarian section for the purpose of performing a subprocedure intended to kill the fetus, performing the subprocedure and delivering the fetus whether death occurs before or after delivery. The procedure is deemed necessary for the preservation of the life or health of the pregnant woman only if it will avert her death or avoid a serious risk of substantial and irreversible impairment of a major bodily function. The bill includes a severability clause.
Patron - Marshall, R.G.

P HB1173

Burning object on property of another or public place with intent to intimidate; penalty. Creates a new section without amending existing language in the current cross-burning statute to provide that, without any reference to a cross, any person, with the intent of intimidating another, who burns an object on the private property of another, on a highway or other public place in a manner having a direct tendency to place another in reasonable fear or apprehension of death or bodily injury is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment. This bill is identical to SB 111.
Patron - Sears

P HB1233

Charitable gaming; definition of reasonable and proper business expenses. Provides that payments made pursuant to § 51.1-1204 to the Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund shall be deemed a reasonable and proper business expense. As a result, a qualified organization may use proceeds from charitable gaming to make contributions to the Fund.
Patron - Gear

P HB1251

Interference with rescue squad workers; penalty. Increases the penalty for interfering with rescue squad workers performing their duties from a Class 4 misdemeanor to a Class 2 misdemeanor.
Patron - Armstrong

P HB1303

DUI; restricted license. Provides that the court that convicted a person of DUI has continuing jurisdiction over the person during any period of license revocation resulting from that conviction, for the purposes of referring the person to a certified alcohol safety action program and providing a restricted permit whether or not it took either such action at the time of the conviction.
Patron - Griffith

P SB23

Concealed weapon permits. Provides that concealed handgun permits issued by the state of Maryland are valid in the Commonwealth if the holder of the permit is licensed in Maryland to perform duties comparable to those performed by Virginia branch pilots licensed pursuant to Chapter 9 (§ 54.1-900 et seq.) of Title 54.1, is performing such duties in Virginia and the holder of the permit is 21 years of age or older. Branch pilots guide ships in and out of harbors. Additionally, the bill exempts certain retired State Corporation Commission special agents from the section.
Patron - Wagner

P SB44

Violation of court order regarding custody and visitation; penalty. Increases penalties for a person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child from a Class 4 to a Class 3 misdemeanor upon conviction of a first offense and from a Class 3 to a Class 2 misdemeanor for a second conviction within 12 months and from a Class 2 to a Class 1 misdemeanor for a third offense within 24 months.
Patron - Reynolds

P SB46

Carrying firearms during period of protective order. Clarifies that any person who is subject to a protective order is prohibited from carrying a concealed handgun while the order is in effect, even if he holds a concealed handgun permit. The person shall surrender his permit to the court for the duration of the protective order. A violation is a Class 1 misdemeanor. This bill is substantially similar to HB 432.
Patron - Reynolds

P SB111

P SB221

Telecommunication devices; penalty. Broadens the definition of "telecommunication device" to include devices and software capable of receiving a variety of transmissions, including telephonic, electronic, Internet access, audio and video. The bill modifies the existing violation of selling or manufacturing unlawful telecommunication devices by adding the work "knowingly." Additionally, the bill provides that for the purposes of punishment, the unlawful activities of knowingly selling or manufacturing unlawful telecommunication devices are separate offenses for each device involved. The bill provides for both the forfeiture of unlawful telecommunication devices and the order of restitution. Finally, the bill provides civil relief for any party providing oil, electric, gas, water, telephone, telegraph, telecommunication or cable television service that is aggrieved by notation of certain sections.
Patron - Stolle

P SB321

P SB355

Blood alcohol test admissibility. Provides that a blood alcohol test is admissible as a hospital business record in a prosecution for driving under the influence if the test was taken in a hospital emergency room. The bill also provides that such blood alcohol tests are not considered confidential medical records and that anyone who takes blood, conducts tests, or offers testimony is immune from civil liability for breach of confidentiality or unauthorized release of medical records.
Patron - Reynolds

P SB485

Issuance and violation of stalking protective orders; penalty. The bill provides that, except when necessary for conduct of the criminal proceeding, the address and telephone number of an allegedly stalked person may not be disclosed. The bill also requires that protective order information be entered into the Virginia Criminal Information Network (VCIN) upon receipt.
Patron - Howell

P SB514

P SB518

Family abuse protective orders; penalty. Provides that the name of a person protected by a protective order shall not be disclosed, unless required by law or necessary for law-enforcement purposes and that no fee shall be charged for filing or serving a protective order. Additionally, the bill requires law-enforcement agencies to enter certain information regarding the protective order, upon receipt, into the Virginia Criminal Information Network System (VCIN).
Patron - Howell

Failed

F HB12

Slander and libel. Repeals section providing that slanders and libels concerning chastity or virtue of a female constitutes a misdemeanor. This bill is a recommendation of the Virginia Code Commission.
Patron - Landes

F HB32

Knowingly harboring a terrorist. Defines knowingly harboring a terrorist. This bill is incorporated into HB 1120.
Patron - Purkey

F HB38

Definition of terrorism, criteria for requesting wiretaps, threats of bodily injury; penalties. Redefines terrorism beyond the existing Code definition of terroristic acts, to include actions typically deemed terroristic, i.e., activities or actions in violation of the criminal laws of the Commonwealth that are violent or are dangerous to human life and that appear to be intended to (i) threaten, intimidate or coerce the civilian population or a segment thereof, or (ii) influence the policy or affect the conduct of government. The bill also expands the law of wiretaps to enable an attorney for the Commonwealth to request a wiretap when he suspects criminal activity deemed terrorism. The bill also redefines the law of "threats of death or bodily injury" so that an oral threat is punishable even if not delivered to the actual intended "victim" and increases the penalty if the purpose of the threat is terrorism. This bill is incorporated into HB 1120.
Patron - Woodrum

F HB58

Accessories after the fact; terroristic acts. Provides that an accessory after the fact to a felony that is a "terroristic act," as defined by § 52-8.5, is guilty of a Class 3 felony. However, if the "terroristic act" results in death, the person is guilty of a Class 2 felony. This bill is incorporated into HB 1120.
Patron - Purkey

F HB129

Violation of court order regarding custody and visitation; penalty. Raises the penalties for clear and significant violations of court ordered custody and visitation from a Class 4 to a Class 1 misdemeanor. Second or subsequent violations within 24 months are raised to a Class 6 felony.
Patron - Jones, J.C.

F HB132

Establishment of gun-free school zones; penalty. Provides that any school division may establish a "gun-free school zone" encompassing the physical boundaries of the school property and areas under exclusive use by the school division, provided that the local governing body has adopted an ordinance enabling the school division to establish such zones. The bill also provides that any person who knowingly possesses any firearm while within a gun-free school zone is guilty of a Class 4 misdemeanor.
Patron - Darner

F HB133

Crimes against nature. Reduces the penalty for crimes against nature, excluding bestiality, between consenting adults from a Class 6 felony to a Class 4 misdemeanor. This bill is incorporated into HB 1140.
Patron - Darner

F HB224

Death penalty. Abolishes the death penalty for Class 1 felonies committed on or after July 1, 2002, and mandates the punishment upon conviction as life imprisonment without the possibility of parole. By virtue of the second enactment clause, the bill does not affect anyone who was convicted of or committed a Class 1 felony prior to the effective date of the bill. The bill leaves the majority of death penalty-related statutes intact for the prosecution or appeal of a death sentence occurring prior to the change in the law.
Patron - Hargrove

F HB244

Certain premises deemed common nuisance; penalty. Provides that any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of the owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant thereof, is frequented by persons engaged in prostitution or soliciting for prostitution as described in § 18.2-346, or which constitutes a bawdy place as defined in § 18.2-347, to be judicially declared a common nuisance. Any such owner, lessor, agent of any such lessor, manager, chief executive officer, operator or tenant who knowingly permits, establishes, keeps or maintains such a common nuisance and fails to take reasonable action to remedy the problem is guilty of a Class 1 misdemeanor. For a second or subsequent offense, a person is guilty of a Class 6 felony. After due notice and opportunity to be heard, a court may order such house, motor vehicle, aircraft, boat, vessel or other premises be closed but court may, upon owner or lessor giving bond in the penalty of not less than $500 with security, turn the same over to its owner or lessor; or proceeding may be had in equity pursuant to § 18.2-354.1.
Patron - Drake

F HB269

Wharton's Rule abrogated in drug and munitions delivery cases; penalty. Provides that it is not a defense to an allegation of conspiracy in the law prohibiting the delivery of drugs or explosives to an inmate that all of the alleged conspirators are necessary to the commission of the crime of delivery.
Patron - Landes

F HB343

Penalties for embezzlement; penalties. Provides that no person convicted of embezzlement shall be eligible for community service in lieu of other punishment, that any person convicted of misdemeanor embezzlement shall be sentenced to a minimum, mandatory sentence of five days in jail and that any person convicted of felony embezzlement and who is not committed to the Department of Corrections shall be sentenced to a minimum, mandatory sentence of 10 days in jail. This bill is incorporated into HB 360.
Patron - Albo

F HB359

What constitutes grand larceny. Raises the minimum amount from $200 to $500 for a larceny to be considered grand larceny. This bill is incorporated into HB 360.
Patron - Reese

F HB409

Assault and battery against a family member; penalty. Requires that a third conviction of assault and battery against a family member include a mandatory, minimum term of confinement of at least one year, which shall not be suspended, in whole or in part.
Patron - Weatherholtz

F HB453

Virginia Comprehensive Terrorism Act; penalties. Defines "act of terrorism" and makes it a Class 2 felony for commission of the act and a Class 1 felony if someone dies as a result of the act. Additionally, the bill makes possession with the intent to injure of a chemical or nuclear substance a Class 3 felony, increases the penalties for possession or release of an infectious biological substance, increases the penalties for possession or manufacture of fire bombs and explosive devices (including "hoax explosive devices"), makes computer trespass in the commission of an act of terrorism a Class 5 felony, makes committing an act of terrorism with a firearm a separate offense, and makes obtaining unauthorized documents from DMV in conjunction with an act of terrorism a Class 4 felony. The bill also gives the Attorney General or his designee the authority to seek a wiretap for suspected terrorists, expands the applicability of pen registers and trap and trace devices, changes the definitions of "pen register" and "trap and trace" devices, removes physical location and geographic boundary requirements from wiretap applications, and adds to the definition of "electronic communication system." Multijurisdictional grand juries are given the authority to investigate terrorism and acts of terrorism are exempted from situations where an act is a violation of two or more laws and the conviction for one of those laws is a bar to prosecution for the others. The bill adds victims of terrorism to definition of "victims" for purposes of the victims rights provisions and adds search and rescue or EMS personnel to those law-enforcement officials in §18.2-51.1. This bill is incorporated into HB 1120.
Patron - Griffith

F HB544

Crimes; peeping. Makes it a Class 6 felony for a third or subsequent conviction for an offense under the peeping or spying section or for certain other misdemeanor offenses. The bill also eliminates the requirement that the third or subsequent offense occur within 10 years of the conviction of the predicate offenses.
Patron - Bell

F HB563

Abortion; conscience clause. Includes any physician, pharmacist or other medical or health care professional who is asked to dispense any birth-control pill or other medication for the purpose of performing an abortion within the provisions of the conscience clause. The conscience clause states that the objection, in writing, of any facility or practitioner or other person to participating in abortion procedures on personal, ethical, moral or religious grounds will not be the basis for claims for damages or disciplinary or recriminatory actions or denial of employment.
Patron - Byron

F HB582

Deadly physical force. Grants the occupant of a dwelling immunity from civil liability or criminal prosecution for any injury or death resulting from the occupant's use of force, including deadly physical force, against a person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm.
Patron - Welch

F HB604

Carrying concealed weapons. Provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth if the state issues a permit including a photograph of the permittee. The bill removes the requirement that other states maintain 24-hour accessible instant verification and names nine states that currently qualify. Transfers from the State Police to the Attorney General the authority to determine which states' concealed weapon permits are eligible to be recognized in Virginia.
Patron - Black

F HB630

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 HB706

Carrying firearms during period of protective order. Clarifies that any person with a concealed handgun permit is prohibited from carrying any firearm, concealed or otherwise, for the duration of any protective order, and requires surrender of his permit to the court entering the order. This bill is incorporated into HB 432.
Patron - Armstrong

F HB874

Drug-free day care zone; penalty. Prohibits sale, manufacture, etc. of illegal controlled substances upon the property of any licensed (i) child-caring institution, (ii) child day center or (iii) family day home as defined in § 63.1-195 or upon public property or property open to public use within 1,000 feet of such an institution. An offense would be a felony punishable by one to five years imprisonment and a fine of no more than $100,000.
Patron - Phillips

F HB903

Harboring a terrorist. Provides that the penalty for any person convicted as an accessory after the fact to a felony or misdemeanor that is a "terroristic act," as defined by § 52-8.5, is the same punishment as the underlying act. This bill is incorporated into HB 1120.
Patron - Purkey

F HB915

Internet gambling. Clarifies that gambling through the Internet or by any other electronic means is a crime subject to the same prohibitions and penalties of live gambling. Such illegal gambling is punishable by Class 3 misdemeanor.
Patron - Marrs

F HB952

Concealed handguns. Prohibits the carrier of a concealed handgun in a public place to consume alcohol or be under the influence of alcohol or illegal drugs and eliminates the restriction on licensed, concealed handguns in restaurants that serve alcohol.
Patron - Ware

F HB979

Threats to release infectious biological or chemical substances; penalty. Adds threats to release infectious biological or chemical substances or radioactive material to the existing section of the Code of Virginia related to bomb threats. This bill is incorporated into HB 260.
Patron - Pollard

F HB1005

Burning object on property of another or public place with intent to intimidate; penalty. Rewrites the cross-burning statute, without any reference to a cross or other object and without any presumption of intent to intimidate, to provide that any person, with the intent of intimidating another, who burns an object on the property of another, on a highway or other public place is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment. This bill is incorporated into HB 1173.
Patron - McDonnell

F HB1009

F HB1059

F HB1081

Sodomy between consenting adults; penalty. Decriminalizes sodomy between consenting adults with the exception that sodomy in public would remain a Class 6 felony. The bill also provides that solicitation of carnal knowledge would be a Class 6 felony. This bill is incorporated into HB 1140.
Patron - Brink

F HB1140

F HB1227

Infectious biological substances; penalty. Redefines the term "infectious biological substance" to mean any bacteria, viruses, fungi, protozoa, or rickettsiae capable of causing death or serious bodily injury and defines the term "imitation infectious biological substance" to mean any substance in any form whatsoever that is not an infectious biological substance, and which by overall appearance or by representations made, would cause the substance to be mistaken by a reasonable person for an infectious biological substance. The bill also punishes possession and use of an imitation infectious biological substance and raises penalties for a violation of the law prohibiting possession and use of an infectious biological substance. This bill is incorporated into HB 260.
Patron - Purkey

F HB1254

Forfeiture of driver's license for DWI. Reinserts a 10-year limitation period for the commission of a second offense in order for a person to forfeit his privilege to drive for three years. This limitation period was the law prior to July 1, 2001, and was deleted after this section was amended by legislation enacted by the 2001 Session.
Patron - Howell

F HB1274

Out-of-state concealed handgun permits. Provides that concealed handgun permits issued by another state are valid in Virginia if the permit holder also carries valid, government-issued photo identification. This bill is incorporated into HB 604.
Patron - Abbitt

F HB1281

Concealed handgun permit; retired law-enforcement officers. Provides that retiring law-enforcement officers who are domiciled and working in the Commonwealth and in good standing at the time of retirement may be granted, upon retirement, a concealed handgun permit without application. This bill is incorporated into HB 223.
Patron - Athey

F HB1355

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 personnel and court personnel.
Patron - Hull

F SB25

DUI; penalty. Provides a minimum mandatory sentence of two days in jail for anyone convicted of DUI. This is in addition to penalties that currently exist in the Code of Virginia.
Patron - Reynolds

F SB128

Hate crimes; penalty. Adds gender, physical disability and sexual orientation to the categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also adds gender, physical disability 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 mandatory, minimum term. The bill also expands the terroristic act reporting requirements of the State Police.
Patron - Ticer

F SB143

Sex Offender and Crimes Against Minors Registry. Requires registration of persons who have been convicted of unlawful photographing, videotaping or filming of a nonconsenting person who is nude or in a state of undress that exposes private body parts in circumstances where the person would have a reasonable expectation of privacy.
Patron - Ticer

F SB196

Virginia Alcohol Safety Action Program (VASAP) eligibility for nonresidents. Provides that any person who has been convicted of driving under the influence in the Commonwealth and is domiciled in Virginia but has failed to establish residency or acquire a Virginia motor vehicle operator's license, may petition the general district court of the county or city in which he is domiciled that he be given probation and assigned to a VASAP program.
Patron - Deeds

F SB223

Terrorism; penalties. Defines terrorism to include activities or actions in violation of the criminal laws of the Commonwealth that are violent or are dangerous to human life and that appear to be intended to (i) threaten, intimidate or coerce the civilian population or a segment thereof, or (ii) influence the policy or affect the conduct of government. The bill also defines imitation infectious biological substances and redefines infectious biological substances, and raises penalties for use of infectious biological substances. The bill redefines the elements necessary for a prosecution under the "threats" statute to clarify that either oral or written threats do not have to be delivered to the intended victim to be punishable. The bill adds culpability for threatening to poison a place or compelling the evacuation of a place to the "bomb threat" statute that now punishes just bomb threats. The bill increases punishment under that same statute if the act is done in the furtherance of terrorism. The bill allows the Attorney General to apply for a wiretap if he suspects someone of felonious activity in furtherance of terrorism. The bill creates the rebuttable presumption that a terrorist is ineligible for bail. This bill is incorporated into SB 514.
Patron - Stolle

F SB228

Carrying concealed weapons. Transfers from the State Police to the Attorney General the authority to determine which states' concealed weapon permits are eligible to be recognized in Virginia and to maintain that information on VCIN and to provide the VCIN information to law-enforcement. The bill also specifies that persons holding permits from the states of Arkansas, North Carolina, Tennesse, West Virginia and Washington may carry a concealed weapon in Virginia.
Patron - Trumbo

F SB305

Use of firearm in committing felony. Provides that punishment for the use or display of a firearm in committing a felony must run consecutively with punishment for any other charge or offense. Under current law punishment cannot run consecutively with the punishment received for the primary offense.
Patron - Edwards

F SB315

F SB361

Blood alcohol test admissibility. Provides that a blood alcohol test is admissible in a prosecution for driving under the influence if that test was taken in an emergency room at the request of and for use by the emergency room physician for the purpose of assisting in diagnosis and treatment. Such a test would be admissible as a hospital business record. Physician-patient confidentiality regarding the test is negated, and civil immunity is provided to anyone who offers testimony pursuant to the blood test.
Patron - Reynolds

F SB410

F SB418

F SB420

F SB421

Bioterrorism. Strengthens the laws relating to possession, manufacture, storage, and release of pathogens, through the mail or by any other distribution or transmission method, with the intent to infect, injure or cause death to people or animals through the spread of infection with such pathogen. This bill provides for consistency in the penalty for such actions by increasing some penalties from a Class 5 felony to a Class 3 felony. "Pathogen" includes any bacteria, virus, spirochete, fungi, protozoa, rickettsiae, yeast or other living body or viable particle or other microorganism not perceptible to the naked eye that is capable of causing death. Thus, the definition of pathogen covers those microorganisms that are commonly known to cause disease as well as spores, virions, prions, etc. This bill is incorporated into SB 514.
Patron - Rerras

F SB422

Terrorism; penalty. Provides that when a terroristic act results in the death of any person, the mastermind of such terroristic act shall be guilty of a Class 1 felony and eligible for the death penalty. This bill is incorporated into SB 514.
Patron - Rerras

F SB461

B.urning object on property of another or public place with intent to intimidate; penalty. Rewrites the cross-burning statute, without any reference to a cross or other object and without any presumption of intent to intimidate, to provide that any person, with the intent of intimidating another, who burns an object on the property of another, on a highway or other public place is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment. This bill is incorporated into SB 111.
Patron - Marye

F SB507

Criminal solicitation; penalty. Increases the penalty for soliciting another person to commit a murder from the current Class 6 felony to a term not less than five years or more than 40 years.This bill is incorporated into SB 321.
Patron - Newman

F SB571

Charitable Gaming Commission; appointment of Executive Secretary. Provides for the Governor to appoint the Executive Secretary of the Charitable Gaming Commission. The bill also provides for the Executive Secretary to appoint employees of the Commission. Under current law, the Commission appoints the Executive Secretary and employees.
Patron - Potts

F SB622

Gun-free school zones. Authorizes school divisions to establish "gun-free school zones" around school property if the local governing body adopts an ordinance enabling the school division to establish such zones. School boards are required to obtain public comment at a public hearing at least ten days after giving reasonable notice to the public in a newspaper of general circulation in the school division. No firearms will be allowed in a school division established "gun-free school zone" under any conditions or circumstances except when used in a school-sponsored curriculum or program or when in the possession of law-enforcement, military, or government officials authorized to carry firearms while engaged in their duties. A notice will be posted at all entrances to school property, around the perimeter of the property, and at all school-sponsored or extracurricular events under exclusive use by the school division. Violation of the prohibition in this act against carrying guns into the gun-free school zones would be Class 4 misdemeanors, i.e., a fine of not more than $250.
Patron - Byrne

F SB635

Escape and custody. Redefines the law of custody as follows: a person shall be deemed to be lawfully in the custody of a law-enforcement officer if, when he receives an oral communication from the officer that he is under arrest, (i) the officer has the immediate ability to detain the person and (ii) a person of ordinary intelligence and understanding who received such communication would know that he is not free to leave. This change overrules the holding in Cavell v. Commonwealth, 28 VA. App. 484, 506 S. E. 2d 552 (1998).
Patron - Stolle

F SB665

Obstruction of justice. Adds clerks to list of officials protected under obstruction of justice and allows for punishment as contempt violence, threats of violence, and vile, contemptuous or insulting language against a clerk associated with a court proceeding.
Patron - Rerras

Carried Over

C HB142

Criminal possession of black powder. Makes the sale of black powder used in the manufacture of explosives punishable as a Class 1 misdemeanor if a chemical tag is not included for purposes of identifying the powder.
Patron - Purkey

C HB149

Feticide; penalty. Provides that it is a Class 4 felony if any person willfully and deliberately and unlawfully terminates the life of a fetus by serious bodily injury to the mother.
Patron - Kilgore

C HB210

Stalking; penalty. Expands conduct that is prohibited for the purposes of stalking to include repeatedly maintaining a visual or close physical proximity to a person or repeatedly conveying oral or written threats, threats implied by conduct or a combination of threats and conduct directed at a person and also means to annoy or alarm another person, communicating by mechanical or electronic means or otherwise with that person, communicating by telephone, telegraph, mail or any other form of written communication, communicating via computer, use of computer networking, electronic mail, and utilizing the Internet to gain unauthorized access to personal, medical, financial or other identifying information.
Patron - O'Bannon

C HB220

Assault and battery against a family or household member; penalty. Allows Class 6 felony punishment of a person convicted of three or more family assaults if the assaults involve two or more different victims. Currently, enhanced punishment is only made applicable when the assaults occur on different dates.
Patron - Carrico

C HB268

Concealing or compounding offenses. Raises the punishment for concealing or compounding offenses; if the offense is a felony, to a Class 6 felony from a Class 2 misdemeanor, and if the underlying offense is a misdemeanor, to the same punishment as the principal offender may receive.
Patron - Landes

C HB360

Petit and grand larceny; penalty. Provides that in those sections of the Code that refer to larceny punishments, larceny is punished in accordance with §§ 18.2-95 and 18.2-96.
Patron - Reese

C HB366

Crimes; impersonating an officer. Increases the penalty for impersonating a law-enforcement officer from a Class 1 misdemeanor to a Class 6 felony.
Patron - Cosgrove

C HB408

Protective orders. Makes it a Class 6 felony for violating certain protective orders that prohibit certain persons from going or remaining upon land, buildings or premises or from further acts of family abuse, or which prohibit contacts between that person and family or household members. The legislation also provides for a mandatory, minimum penalty of one year in prison, which shall not be suspended, in whole or in part.
Patron - Weatherholtz

C HB546

Controlled substances; penalty. Raises the penalty for illegally manufacturing, selling, distributing, etc., a Schedule III or IV controlled substance from a Class 1 misdemeanor to a Class 6 felony.
Patron - Kilgore

C HB644

Capital murder; penalty. Adds burglary and attempted burglary to the list of offenses which, if committed in conjunction with the willful, deliberate, and premeditated killing of a person, constitutes capital murder.
Patron - O'Brien

C HB811

Definition of concealed weapon; penalty. Removes "by action of an explosion" from the definition of weapon for purposes of the concealed weapon prohibitions. Currently, in order to qualify as a concealed weapon, the weapon must propel a missile by explosion of a combustible material.
Patron - Almand

C HB838

Use of firearm in committing felony. Provides that punishment for the use or display of a firearm in committing a felony must run consecutively with punishment for any other charge or offense. Under current law, punishment cannot run consecutively with the punishment received for the primary offense.
Patron - Thomas

C HB893

Capital murder of a law-enforcement officer; penalty. Provides that the willful, deliberate, and premeditated killing of a law-enforcement officer because of his present or former status as a law-enforcement officer is punishable as capital murder.
Patron - McDougle

C HB932

Assault and battery against a family or household member; penalty. Expands the crime of assault and battery against a family or household member (Class 1 misdemeanor for a first offense) to include as a victim, a child of a family or household member.
Patron - Marrs

C HB956

Hate crimes; penalty. Adds sexual orientation, age, gender and mental or physical disability to categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also adds sexual orientation, age, gender and mental or physical disability 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 mandatory, minimum term. The bill also expands the terroristic act reporting requirements of the State Police.
Patron - Almand

C HB958

Carrying weapon into State Capitol; penalty. Provides that any person who possesses in or transports into the State Capitol Building or the General Assembly Building any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, is guilty of a Class 1 misdemeanor.
Patron - Almand

C HB1016

Possession of firearms following the conviction of certain crimes; penalty. Prohibits persons convicted of stalking, sexual battery or assault and battery on a family member (that results in serious bodily injury) from possessing or transporting firearms for a period of five years following conviction. There is a provision to allow the person to petition the circuit court to reinstate the right to carry or transport firearms.
Patron - Scott

C HB1028

Computer fraud; penalties. Increases the penalty for computer fraud to a felony in cases where three or more persons are defrauded regardless of the amount involved.
Patron - Moran

C HB1100

Crimes; issuing bad check; penalty. Includes within the crime of issuing a bad check the payment of taxes, fees or other charges due a locality with a bad check.
Patron - Johnson

C HB1234

Suspension of driver's license upon conviction of a driving offense resulting in the death of any person. Suspends the driver's license for six months to 12 months of a person convicted of a traffic offense that results in death of any person.
Patron - Gear

C SB497

Death penalty. Prohibits the imposition of the death penalty on mentally retarded persons. The bill has a delayed effective date of July 1, 2003.
Patron - Edwards

C SB591

Drug Treatment Court. Provides that the Department of Criminal Justice Services has administrative oversight for the establishment and operation of drug treatment courts with the assistance of a state drug treatment court advisory committee. The bill requires the establishment of local drug treatment advisory committees in jurisdictions that operate drug courts. Anyone convicted of a violent felony within ten years would not be eligible for participation in a drug treatment court. There are provisions to evaluate the effectiveness of the court.
Patron - Houck

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