General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Crimes and Offenses Generally

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Crimes and Offenses Generally

Passed

P HB1513

Escape from custody without violence. Provides that if any person lawfully confined in jail or in the custody of any court or court officer or of any law-enforcement officer, for a probation or parole violation, escapes, other than by force or violence or by setting fire to the jail, he is guilty of a Class 1 misdemeanor. Currently, misdemeanor escape is punishable only when the person is being held on a misdemeanor charge or conviction.
Patron - Cosgrove

P HB1620

Homicide resulting from shooting into a vehicle or building. Specifies that a death resulting from maliciously shooting or throwing a missile at a vehicle or occupied building is second degree murder unless the homicide is willful, deliberate and premeditated, in which case it is first degree murder.
Patron - Janis

P HB1690

Crimes; untrue, deceptive or misleading advertising, inducements, writings, or documents. Provides that the words "untrue, deceptive and misleading" include the use of any writing or document that appears to be, but is not in fact a negotiable check, draft, or other instrument unless the writing or document clearly and conspicuously has printed on its face in at least 14-point bold type the phrase "THIS IS NOT A CHECK." Currently, the writing or document is considered "untrue, deceptive or misleading" even if it has written on it that it is nonnegotiable.
Patron - Albo

P HB1741

Photographs of undergarments, etc., without consent; penalty. Provides that the knowing and intentional creation of a videotape, photograph, film or videographic or still image record created by placing the lens or image-gathering component of a recording device directly beneath or between a person's legs for the purpose of capturing an image of the person's undergarments or intimate parts, when the undergarments or intimate parts would not otherwise be visible to the general public, is punishable as a Class 1 misdemeanor. The offense is punishable as a Class 6 felony if the nonconsenting person is under the age of 18.
Patron - Cosgrove

P HB1756

Involuntary manslaughter for a death caused by drunk boating; penalties. Provides that any person who, as a result of operating a watercraft or motorboat while intoxicated, unintentionally causes the death of another person, is guilty of involuntary manslaughter.
Patron - Janis

P HB1860

Unauthorized possession of two or more signed credit cards or credit card numbers. Clarifies that possession of two unauthorized credit cards is credit card theft and not forgery.
Patron - Shannon

P HB1896

Driving motor vehicle after ingesting certain illegal drugs; penalty. Makes it a violation of the DUI statute to drive with specified levels of the following illegal drugs in one's blood: cocaine, methamphetamine, phencyclidine (PCP) and
3,4-methylenedioxymethamphetamine (MDMA ecstasy).
Patron - Carrico

P HB1915

Carrying certain loaded weapons in public. Rewrites the prohibition against carrying certain loaded semi-automatic rifles or pistols and shotguns in public in certain localities to delete the definition of "firearm" and replace it with the existing substance of the definition. The bill also clarifies that the prohibition does not apply to a person who has a valid concealed handgun permit.
Patron - Cole

P HB1974

Possession of methamphetamine, methcathinone, amphetamine, or amphetamine precursors; penalty. Provides that any person who possesses any two or more of the following substances with the intent to manufacture methamphetamine, methcathinone or amphetamine is guilty of a Class 6 felony: liquified ammonia, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, sodium hydroxide, trichlorethane, or 2-propanone. The bill also requires the Virginia Department of State Police, Department of Environmental Quality, Department of Health, and Division of Forensic Science to establish a multi-agency work group to develop a best-practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites. This bill incorporates HB 1950 and HB 2437 and is identical to SB 1121.
Patron - Tata

P HB2059

Unlawful use of payment card scanning devices and re-encoders; penalty. Punishes as a Class 1 misdemeanor the malicious and unauthorized use of a scanner or re-encoder to unlawfully reproduce the information in the magnetic stripe of a payment card and as a Class 6 felony if the person sells or distributes such information to another or uses the information in the commission of another crime.
Patron - Byron

P HB2060

Transfer of firearms; purchase of more than one handgun in a 30-day period; exemption. Exempts law-enforcement officers from the provision limiting a person from purchasing more than one handgun in a 30-day period.
Patron - Rust

P HB2213

Illegal conveyance or possession of cellular telephone by prisoner; penalty. Creates a Class 6 felony for a person without authorization to provide or cause to be provided a cellular telephone to an incarcerated prisoner, or for an incarcerated prisoner without authorization to possess a cellular telephone during the period of his incarceration.
Patron - Albo

P HB2215

Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language and relocating language. The bill adds unauthorized installation of software on the computer of another, disruption of another computer's ability to share or transfer information and maliciously obtaining computer information without authority as additional crimes of computer trespass, a Class 1 misdemeanor. The bill also reduces the felony (Class 6) threshold from $2,500 to $1,000 for property damage resulting from computer trespass.
Patron - Albo

P HB2217

Crimes; criminal street gangs; penalties. Adds to the list of crimes defined as "predicate criminal act" the following: § 18.2-42, assault by mob; § 18.2-56.1, reckless handling of a firearm; § 18.2-59, extorting money; § 18.2-286.1, shooting from a motor vehicle; § 18.2-287.4, carrying a loaded firearm in public areas in certain localities; and § 18.2-308.1, possession of a firearm, stun weapon or taser on school property. In addition, the bill provides that "predicate criminal act" includes the violation of any offense substantially similar to these newly added crimes as well as the existing listed crimes when committed in another state or territory of the United States, the District of Columbia, or the United States. The bill provides enhanced punishments for gang activities taking place at or near schools, colleges, and school buses. The bill allows a witness in a gang prosecution to request that certain information about the witness not be disclosed. Finally the bill treats criminal street gangs as public nuisances and allows for the enjoinment of such nuisances. This bill is identical to SB 1217.
Patron - Albo

P HB2247

What constitutes aggravated sexual battery; penalty. Provides that the crime of aggravated sexual battery, a felony punishable by up to 20 years in prison, is committed when a person sexually abuses a person of any age who is physically helpless. Currently, sexual abuse of a person who is physically helpless is only punishable as aggravated sexual battery if the victim is 13 or 14 years old, the victim is seriously injured, or the accused uses a dangerous weapon. Under current law, sexual abuse of any child under age 13 is aggravated sexual battery.
Patron - Bell

P HB2248

Sexual crimes. Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute. Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration statutes, the marital sexual assault statute is repealed. The bill retains the provisions that allow for counseling and therapy, and allows discharge and dismissal if there has not been a previous discharge and dismissal under the statute.
Patron - Bell

P HB2288

Impeding a criminal investigation; penalty. Provides that any person with actual knowledge of the commission of a felony under Chapter 4 of Title 18.2 (Crimes Against the Person) by another, who willfully conceals, alters, dismembers, or destroys any item of physical evidence with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, is guilty of a Class 6 felony. This provision does not apply to the victim or the spouse, parent, grandparent, child, or grandchild, or sibling of the offender.
Patron - Lingamfelter

P HB2291

Controlled substances; penalties. Raises the penalty for manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance classified in Schedule III to a Class 5 felony from a Class 1 misdemeanor and a controlled substance classified in Schedule IV from a Class 1 misdemeanor to a Class 6 felony. If the violation involves an imitation controlled substance in Schedule III or IV, the penalty is raised from a Class 1 misdemeanor to a Class 6 felony. The bill also provides that an accommodation sale is a Class 1 misdemeanor.
Patron - Shannon

P HB2438

Penalties for methamphetamine manufacture. Increases the penalty for manufacturing methamphetamine or less than 200 grams of a mixture containing methamphetamine from a range of five to 40 years to a range of 10 to 40 years. For a second conviction the range is increased from five years to life to 10 years to life, and for a third or subsequent conviction the range is established as 10 years to life with a mandatory minimum term of imprisonment of three years. There is a provision for the court to order restitution to an innocent property owner whose property is damaged, or rendered unusable, as a result of methamphetamine production. The bill makes it a felony punishable by imprisonment of 10 to 40 years for any person in a custodial relationship over a child under the age of 18 to knowingly allow that child to be present during the manufacture or attempted manufacture of methamphetamine. Certain state agencies are required to establish a multi-agency work group to create a best practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites. The Division of Forensic Science is required to create a best practices protocol regarding the retention and handling of the by-products of methamphetamine production after testing is conducted on behalf of law-enforcement officials. This bill incorporates HB 2504.
Patron - Carrico

P HB2454

Charitable gaming; Department of Charitable Gaming; registration of bingo manager and a caller; payment of remuneration. Authorizes the payment of remuneration to a bingo manager and a caller by a qualified organization, not to exceed $100 per session for a manager and $50 per session for a caller, provided the bingo manager and caller is registered with the Department. The bill sets forth the requirements for registration. The bill contains technical amendments. The bill also allows the Charitable Gaming Board to set the hours of operation of bingo games. This bill is identical to SB 1322.
Patron - Suit

P HB2471

Virginia Computer Crimes Act; penalties. Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 joint study on Computer Crimes by the Joint Commission on Technology and Science and Virginia State Crime Commission. The bill modernizes definitions of "computer", "using a computer" and "without authority" to comport with changing technology. The bill revises provisions regarding computer trespass, a Class 1 misdemeanor, unless the damage to the property of another is $1,000 ($2,500 under current law) or more, in which case it is a Class 6 felony. Provisions regarding computer invasion of privacy are rewritten to include unauthorized gathering of identifying information and Class 6 penalties added for persons with previous convictions, selling or distributing the information to another or using the information in the commission of another crime. The bill adds as a new Class 6 felony using a computer to fraudulently gather identifying information of another (phishing), unless the information is sold or distributed to another or the information is used in the commission of another crime, in which case it is a Class 5 felony. Statute of limitation and venue provisions are relocated in the Code. This bill is identical to SB 1163.
Patron - May

P HB2535

Possession of firearms on school property; concealed handgun permit exemption. Allows the holder of a valid concealed handgun permit to possess a concealed handgun on school property while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.
Patron - Ingram

P HB2562

Concealed handgun permits; fees. Exempts special agents retired from the Alcoholic Beverage Control Board from paying a fee for issuance of a concealed handgun permit if the special agent retired after completing 15 years of service or after reaching age 55. This bill is identical to SB 1026.
Patron - Cline

P HB2564

Sexual offenses against children by a parent or grandparent; penalty. Provides that sexual abuse of a child age 13-17 by a parent, step-parent, grandparent or step-grandparent is aggravated sexual battery, which is punishable by a term of imprisonment of one to 20 years. The bill provides that for purposes of the crimes against nature statute, parent includes step-parent and grandparent includes step-grandparent. The bill raises the age in the indecent liberties section from age 14 to age 15 and provides that violation of that section and certain violations of taking indecent liberties with a child by a person in a custodial or supervisory relationship, if the child aged 15 to 17 and is a child, step-child, grandchild or step-grandchild of the perpetrator, is a Class 5 felony. If the child is less than 15 years of age it is a Class 4 felony. The bill amends the taking indecent liberties with child by a person in custodial or supervisory relationship to state that it does not apply if the child is emancipated or if the perpetrator is legally married to the child.
Patron - Watts

P HB2577

Possession of explosive material. Provides that if a person is prohibited from possessing, transporting or carrying explosive materials because of a felony conviction, such person may possess, transport or carry explosive materials if his right to do so has been restored pursuant to federal law.
Patron - Stump

P HB2595

Crimes; restitution for cleanup of illegal lab. Allows the court to order a defendant convicted of manufacturing controlled substances to pay to the Commonwealth or locality the costs associated with the removal and remediation of an illegal drug lab site.
Patron - Weatherholtz

P HB2623

What constitutes indecent exposure; penalty. Provides that a person who, while in a public place where others are present, intending that he be seen by others, intentionally and obscenely engages in actual or explicitly simulated acts of masturbation, is guilty of a Class 1 misdemeanor.
Patron - Byron

P HB2631

Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information and punishes subsequent offenses and transferring the information to another or use of the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony. This bill incorporates HB 2304.
Patron - Bell

P HB2652

Unsworn declarations; perjury; penalty. Permits the use of unsworn declarations in lieu of sworn affidavits and provides that it is perjury for a person to willfully subscribe as true any material matter which he does not believe to be true in a written declaration, certificate, verification, or statement made under penalty of perjury.
Patron - Hurt

P HB2655

Driving under the influence. Clarifies provisions in the driving under the influence laws, particularly in the refusal statute. The bill states that a first offense of refusual is a civil offense and that subsequent offenses are criminal. Procedures for charging a person with refusal are specified. A law-enforcement officer will have to read the refusal form only to persons who refuse to take a blood or breath test. This bill is identical to SB 1093.
Patron - Hurt

P HB2665

Concealed weapons; retired law-enforcement officers. Allows retired local auxiliary police officers and animal control officers to carry concealed weapons, subject to certain conditions.
Patron - McDonnell

P HB2668

Summons in lieu of warrant for DUI. Provides that if a person arrested for DUI has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer at a medical facility may issue, on the premises of the medical facility, a summons for the DUI violation and for refusal of blood alcohol tests in lieu of securing a warrant. Currently, the summons is authorized only for a refusal.
Patron - McDonnell

P HB2674

Payment of wages with bad checks; penalty. Provides that an employer who pays wages with a bad check having a face value of $200 or more shall be guilty of a Class 6 felony. This bill incorporates HB 2552.
Patron - Ebbin

P HB2722

Possession and transportation of firearms, etc.; juveniles adjudicated delinquent of certain crimes; penalty. Makes it unlawful for a person adjudicated delinquent on or after July 1, 2005, of murder, kidnapping, armed robbery, or rape who was 14 years of age or older at the time of the offense to possess or transport firearms, stun weapons, tasers, or concealed weapons for the rest of his life. Under current law, such a person would be able to possess these weapons at age 29. Possession or transport of these weapons is a Class 6 felony. The mandatory minimum sentence of two years for a possession of a gun by a person who has been convicted of a felony is removed for persons whose felony conviction was more than ten years ago.
Patron - Scott, J.M.

P HB2786

Crimes; driving a motor vehicle while intoxicated. Provides that the defined term "motor vehicle," which includes mopeds while operated on the public highways of this Commonwealth, applies to all of the provisions of the article of the Code establishing the DUI laws.
Patron - Bell

P HB2795

Jury service by employed people. Replaces the provision scheduled to become effective July 1, 2005, permitting a person to be absent from work on any day he serves on a jury with a provision that no person who serves on jury duty for four or more hours shall be required to start any work shift that begins on or after 5:00 p.m. on the day of jury service or begins before 3:00 a.m. on the day following the day of jury service.
Patron - Joannou

P HB2810

Drug Treatment Court. Establishes a drug treatment court in Chesapeake. This bill is identical to SB 1342.
Patron - Cosgrove

P HB2854

Testing of persons convicted of certain crimes for hepatitis C . Requires hepatitis C testing of persons convicted under statutes prohibiting prostitution, crimes against nature and certain drug offenses indicating intravenous use. Under current law, persons convicted of prostitution and crimes against nature must be tested for HIV. This bill adds drug crimes to that provision. The bill also contains provisions related to the sharing and confidentiality of hepatitis C test results.
Patron - Amundson

P HB2906

Persons arrested for certain crimes; testing for HIV, hepatitis B or C viruses. Provides that the attorney for the Commonwealth may request that a person arrested for assault and battery be tested for HIV and hepatitis B or C viruses where the victim was exposed to the body fluids of the person arrested. If the defendant refuses, the court may hold a hearing. Current law applies to persons charged with certain sex crimes and covers HIV testing only. The bill's provisions for hepatitis B or C testing will apply to those persons also.
Patron - Shuler

P HB2928

Concealed handgun permits; disqualifications. Amends the provision disqualifying a person from receiving a concealed handgun permit on the basis of a written statement of a sheriff, chief of police, or attorney for the Commonwealth alleging that the applicant is likely to use the weapon in an unlawful or negligent manner to provide that in order to disqualify the applicant, the court must find by a preponderance of the evidence, based on specific acts by the applicant, that the applicant is likely to use a weapon unlawfully or negligently to endanger others.
Patron - Wright

P HB2931

Purchase of firearms. Eliminates the requirement that a person who wishes to purchase a firearm fill out duplicate information on the form required by the Department of State Police as is required on the federal firearm purchase application form. Instead, the applicant will be required to provide written consent for a background check on a state form, and provide certain specified information necessary for the Department of State Police to complete the required background check. In addition, the bill allows the chief law-enforcement officer of a locality, in the course of a criminal investigation, to examine both federal and state firearm transaction records maintained by a licensed firearms dealer in the Commonwealth. This bill incorporates HB 2195.
Patron - McDonnell

P SB756

Fire bombs; definition. Amends the definition of a fire bomb to clarify that it includes a wick composed of any material capable of igniting the flammable material or chemical compound inside a container.
Patron - Wampler

P SB1001

Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to theft of computer services, personal trespass by computer, embezzlement, larceny or receiving stolen goods by computer, and civil damages. The bill also relocates statute of limitation and venue provisions in the Code.
Patron - Devolites Davis

P SB1002

Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information. The bill punishes subsequent offenses and transferring the information to another or using the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony.
Patron - Devolites Davis

P SB1026

Concealed handgun permits; fees. Exempts retired special agents with the Alcoholic Beverage Control Board from paying a fee for issuance of a concealed handgun permit if the special agent retired after completing 15 years of service or after reaching age 55. This bill is identical to HB 2562.
Patron - Newman

P SB1093

Driving under the influence. Clarifies provisions in the driving under the influence laws, particularly in the refusal statute. The bill spells out the procedure for charging a person with refusal and states that a first violation of the refusal statute is a civil offense and that subsequent violations are criminal offenses. A law-enforcement officer will have to read the refusal form only to persons who refuse to take a blood or breath test. This bill is identical to HB 2655.
Patron - Stolle

P SB1121

Possession of methamphetamine precursor chemicals; penalty. Provides that any person who possesses any two or more of the following substances with the intent to manufacture methamphetamine, methcathinone or amphetamine is guilty of a Class 6 felony: liquified ammonia, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, sodium hydroxide, trichlorethane, or 2-propanone. The bill also requires the Virginia Department of State Police, Department of Environmental Quality, Department of Health, and Division of Forensic Science to establish a multi-agency work group to develop a best-practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites. This bill is identical to HB 1974.
Patron - Obenshain

P SB1147

Computer crimes; phishing; penalty. Makes it a Class 6 felony to fraudulently obtain, record, or access from a computer the following identifying information of another: (i) social security number; (ii) driver's license number; (iii) bank account numbers; (iv) credit or debit card numbers; (v) personal identification numbers (PIN); (vi) electronic identification codes; (vii) automated or electronic signatures; (viii) biometric data; (ix) fingerprints; (x) passwords; or (xi) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services. Any person who sells or distributes such information or uses it to commit another crime is guilty of a Class 5 felony.
Patron - Obenshain

P SB1149

Hunting while intoxicated; penalty. Increases the penalty for hunting with a firearm while under the influence of alcohol or narcotic drug from a Class 2 to a Class 1 misdemeanor. The bill also includes within such prohibited hunting the hunting with bow and arrow or crossbow.
Patron - Stolle

P SB1156

Penalties for methamphetamine manufacture. Increases the minimum penalty for manufacturing methamphetamine and imposes enhanced punishment for a second or subsequent offense, including three years mandatory minimum imprisonment for a third or subsequent offense. The bill also provides that any person 18 years of age or older who maintains a custodial relationship over a child under the age of 18 and who knowingly allows that child to be present in the same dwelling, apartment, hotel unit, garage, shed, or vehicle during the felonious manufacture or attempted manufacture of methamphetamine shall be imprisoned for not less than 10 nor more than 40 years to be served in addition to and consecutively with any other sentence. Certain state agencies are required to create a best practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites and for the retention and handling of methamphetamine by-products.
Patron - Stolle

P SB1163

Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by revising definitions of "computer", "using a computer" and "without authority." The bill revises provisions relating to computer trespass and reduces thresholds for damages. Gathering identifying information (phishing) is punished as a felony. Statute of limitation and venue provisions are relocated in the Code. This bill is identical to HB 2471.
Patron - Stolle

P SB1170

Indecent liberties with children; penalties. Raises the age of the victim, for the purposes of committing the crime of taking indecent liberties with children, from 13 to 14.
Patron - Stolle

P SB1217

P SB1322

Charitable gaming; Department of Charitable Gaming; registration of bingo managers and callers; payment of remuneration. Authorizes the payment of remuneration to a bingo manager or caller by a qualified organization, not to exceed $100 per session for a bingo manager and $50 per session for a bingo caller, provided the bingo manager or caller is registered with the Department. The bill sets forth the requirements for registration. The bill also allows the Charitable Gaming Board to set the hours during which bingo games may be conducted. The bill also contains technical amendments. This bill is identical to HB 2454.
Patron - Devolites Davis

P SB1342

Drug Treatment Court. Establishes a drug treatment court in Chesapeake. This bill is identical to HB 2810.
Patron - Lucas

Failed

F HB1502

Secret drug compartments in vehicles; penalty. Provides that it is a Class 1 misdemeanor for any person to knowingly manufacture, use or maintain, in a motor vehicle that he owns, leases, or routinely drives or uses, a secret compartment designed for the transportation of marijuana or a controlled substance.
Patron - Cosgrove

F HB1517

Anger management for persons accused of family violence. Allows a court to require a person who is accused of family violence to enter, along with the victim who agrees to such a course of action, an education or treatment program focused upon anger management and designed to retrain the parties on how to disagree effectively and peacefully, if such a program is available. The court, when such a program is not available, may require education or treatment services such as, in the opinion of the court, may be best suited to the needs of the accused.
Patron - Reese

F HB1524

Anesthesia for fetal pain. Observes that fetuses over the gestational age of 20 weeks feel pain and provides that failure, subject to exceptions, of a physician to administer anesthesia to such a fetus prior to an abortion is a Class 1 misdemeanor.
Patron - Black

F HB1561

Assault and battery of certain traffic safety personnel in uniform; penalty. Provides an enhanced penalty upon conviction for a person who commits a simple assault or assault and battery upon a parking enforcement officer, traffic control officer, or school crossing guard while any such person is in uniform, to include a term of confinement of at least six months, 30 days of which is a mandatory minimum term of confinement.
Patron - Albo

F HB1562

Waiver of right to appeal by persons charged with first drug offense. Provides that when an accused is granted a deferred disposition for a drug offense, his consent to such probation shall include a waiver of his right to appeal a subsequent adjudication of guilt for his failure to fulfill the terms and conditions of probation.
Patron - Albo

F HB1565

Unlawful possession or distribution of ephedrine, pseudoephedrine or phenylpropanolamine (methamphetamine precursors); penalty. Provides that any person who knowingly possesses or distributes more than nine grams of the methamphetamine precursors ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances, is guilty of a Class 1 misdemeanor. There are exceptions for reasonable personal, medicinal possession and use, and for sale and possession in the ordinary course of business.
Patron - Tata

F HB1612

Hunting dogs. Prohibits a hunter from releasing his dogs on another person's posted land for the purpose of pursing, taking, chasing, flushing, or killing game or wild animals, without the landowner's permission. The penalty for violating this prohibition is a Class 4 misdemeanor. The bill also contains a rebuttable presumption provision.
Patron - Cole

F HB1618

Interfering with emergency use of telephone; penalty. Provides that if a person maliciously interrupts telephone communication with the intent to prevent another person from summoning emergency assistance, he is guilty of a Class 1 misdemeanor.
Patron - Janis

F HB1622

Homicide by vehicle; penalty. Provides that any person who unlawfully and unintentionally causes the death of another person while engaged in the violation of any state law or local ordinance regulating the operation of a motor vehicle or regulating traffic, other than driving while intoxicated, is guilty of homicide by vehicle, punishable as a Class 1 misdemeanor, to include a term of confinement in jail of not less than 30 days and a mandatory minimum fine of $250.
Patron - Janis

F HB1643

Refusal to provide identification following a Terry stop. Provides that when (i) a person is detained by a law-enforcement officer for questioning based upon specific, objective facts establishing a reasonable suspicion that the person was engaged in or about to become engaged in criminal activity, (ii) the officer requires that the person identify himself and give a reasonably credible account of the lawfulness of his conduct and purposes, and (iii) the person refuses to comply with the requirement, he is guilty of a Class 1 misdemeanor.
Patron - Orrock

F HB1689

Charitable gaming; regulations of the Charitable Gaming Board; use of proceeds. Authorizes the Charitable Gaming Board, by regulation, to adopt variations in the types of bingo games and raffles that may be conducted provided such variations result in charitable gaming conducted in a manner consistent with the charitable gaming law. The bill also provides that after payment of business and other lawful expenses, an organization conducting charitable gaming must use all of the remaining receipts for charitable purposes, except that such receipts cannot be less than five percent of the organization's gross receipts. The bill provides that in determining whether to deny, suspend, or revoke the permit of any organization solely because of its failure to meet this requirement, the Department shall consider whether (i) the organization is otherwise in compliance with the laws and regulations governing charitable gaming in the Commonwealth; (ii) there are pending criminal charges or prior convictions against any officer of the organization or game manager involving a felony related to fraud, theft, or financial crimes, or involving a misdemeanor related to moral turpitude; and (iii) the organization, in the opinion of the Department, has used sufficient proceeds for charitable purposes. The bill contains technical amendments.
Patron - Albo

F HB1696

Harassment with camera. Provides that any person who on more than one occasion uses any type of still or video or motion picture camera to record the image of an individual, who is not a public figure, when he knows or reasonably should know that the individual does not wish to have his image recorded, is guilty of a Class 2 misdemeanor.
Patron - Spruill

F HB1729

Computer Crimes Act; prohibited software and actions. Amends the Computer Crimes Act to prohibit the use of software that changes settings, collects personally identifiable information, or obstructs the reasonable operation of the computer. The bill also prohibits the installation of computer software that operates in this manner. Violations of this bill are Class 1 misdemeanors. The bill provides exemptions for maintenance and security.
Patron - Cosgrove

F HB1748

Assault and battery of a judge. Provides that if any person commits an assault or an assault and battery against another, knowing or having reason to know that the other person is a judge or justice of any Virginia court engaged in his duties as such, he is guilty of a Class 6 felony.
Patron - Tata

F HB1754

Embracery; penalty. Provides that any person who attempts to corruptly influence a juror is guilty of a Class 1 misdemeanor. This bill is identical to HB 2265.
Patron - Janis

F HB1755

Felony homicide by vehicle; penalty. Provides that any person who, while committing an act of reckless driving, causes the death of another person, is guilty of a Class 6 felony.
Patron - Janis

F HB1796

Assault and battery against a judge, clerk of court or attorney for the Commonwealth; penalty. Provides that if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, clerk of court or attorney for the Commonwealth, he is guilty of a Class 6 felony with a mandatory minimum term of confinement of six months. This is the same punishment as for assault or assault and battery against a law-enforcement officer or employee of the Department of Corrections.
Patron - Alexander

F HB1800

Capital murder by members of criminal gangs; penalty. Provides that the willful, deliberate, and premeditated killing of any person by another pursuant to a membership requirement of, or at the direction or order of, a member of a criminal street gang as is defined in § 18.2-46.1 is capital murder.
Patron - Albo

F HB1807

Providing birth control to minor in certain circumstances; penalty. Creates a Class 6 felony for providing a minor with a contraceptive or contraceptive device if the person knows or has reason to believe that the minor is engaging in sexual relations with a person three or more years older than the minor.
Patron - Marshall, R.G.

F HB1810

Sale or purchase of post-abortion fetal tissue unlawful; penalty. Provides that any person who sells or buys fetal tissue resulting from an induced abortion is guilty of a Class 1 misdemeanor.
Patron - Marshall, R.G.

F HB1841

Performing menstrual extraction without pregnancy test; penalty. Creates a class 6 felony for any physician, registered health professional, or any person acting under the direction of a physician performing a menstrual extraction on any woman without first performing a pregnancy test to determine that she is not pregnant. This shall not apply to any diagnostic procedure for the detection or treatment of any pathological condition.
Patron - Marshall, R.G.

F HB1852

Assault weapons; penalty. Creates an "Anti-Terrorist Weapons Public Safety Act" that mirrors the existing regulation of machine guns. The Act would regulate the sale, use, and possession of assault weapons, defined as .50 BMG sniper rifles and .50 caliber assault rifles. It would be a Class 2 felony to possess or use an assault weapon in the perpetration of a crime of violence and a Class 4 felony to use an assault weapon for an offensive or aggressive purpose. Firearms manufacturers and dealers must keep a register all of assault weapons manufactured or handled by them, including the serial number and the name, address, and occupation of the person to whom an assault weapon is sold, loaned, gifted, or delivered. The registry shall be available for inspection by law-enforcement agents. In addition, every assault rifle in the Commonwealth must be registered with the Department of State Police within 24 hours of its acquisition. Failure to produce a certificate of registration would be a Class 3 misdemeanor, and a law-enforcement officer could seize the weapon without a warrant. The Act would not apply to the manufacture for and transportation to the armed forces of the United States, the Virginia National Guard, or law-enforcement officers. The Act would not prohibit the possession of assault weapons not useable as weapons, for scientific purposes, or for purposes manifestly not aggressive or offensive.
Patron - Eisenberg

F HB1871

Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language, and relocating language. The bill also redefines computer invasion of privacy involving the unauthorized gathering of identifying information and punishes subsequent offenses, transferring the information to another, or use of the information another crime as a Class 6 felony. Currently, the offense is punishable only as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is punished as a Class 5 felony.
Patron - McDougle

F HB1872

Refusal of blood or breath alcohol tests. Clarifies the language of the DUI refusal statute. This bill has been incorporated into HB 2655.
Patron - McDougle

F HB1879

Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2005.
Patron - Hargrove

F HB1914

Purchase of firearms; one gun a month restriction. Removes the limitation prohibiting an individual from purchasing more than one handgun within a 30-day period.
Patron - Cole

F HB1918

Constitutional right to enjoyment of life. Provides that "the right to enjoyment of life guaranteed by Article 1, § 1 of the Constitution of Virginia is vested in each born and preborn human being from the moment of fertilization."
Patron - Cole

F HB1924

Sale of drugs on or near certain properties. Prohibits the manufacture, sale, or distribution or possession with intent to sell, give, or distribute controlled substances, imitation controlled substances or marijuana while upon the property, including buildings and grounds, of any public or private day care center, nursery school, or preschool, or within 1,000 feet of any public or private day care center, nursery school, or preschool. Violations constitute a separate and distinct felony with an enhanced penalty of one to five years' imprisonment and a maximum fine of $100,000, with second or subsequent convictions involving Schedule I, II, or III drugs carrying a mandatory minimum term of one year to be served consecutively with any other sentence. Technical amendments are also included.
Patron - Sherwood

F HB1950

Possession of methamphetamine precursors; penalty. Provides that any person who possesses any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of its optical isomers, iodine or its salts, optical isomers or salts of its optical isomers, hydriodic acid, sodium metal, lithium metal, anhydrous ammonia, phosphorus, or organic solvents with the intent to use that substance to manufacture methamphetamine is guilty of a Class 6 felony. The bill also provides that possession of any amount of anhydrous ammonia in an unauthorized container shall be prima facie evidence of intent to use such substance to manufacture methamphetamine. This bill has been incorporated into HB 1974.
Patron - Kilgore

F HB1951

Sale of pseudoephedrine by pharmacist; limits on purchase of pseudoephedrine; penalty. Provides that only a licensed pharmacist shall dispense, sell, or distribute any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of its optical isomers, and that any person purchasing, receiving, or otherwise acquiring any such compound, mixture, or preparation shall produce a photo identification, sign a written log showing the date of the transaction, name of the person, and the amount of the compound, mixture, or preparation. The bill also provides that no person shall purchase, receive, or otherwise acquire more than nine grams of any such product, mixture, or preparation within any 30-day period. Non-compliance is punishable as a Class 6 felony.
Patron - Kilgore

F HB1960

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check.
Patron - Jones, D.C.

F HB1975

Elimination of capital punishment for minors. Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense. Currently, the age is 16 or older at the time of the offense.
Patron - Callahan

F HB1978

Transfer and possession of machine guns. Amends the Uniform Machine Gun Act to require that when certification of a chief law-enforcement officer is required by federal law for transfer of a firearm, as defined in the National Firearms Act, such certification must be provided within 15 days if the applicant is not prohibited from receiving the firearm. The bill also removes the presumption that possession of a machine gun is for an offensive or aggressive purpose if not on the possessor's residence or business property, or if empty or loaded shells for the machine gun are found in the immediate vicinity. Finally, the bill allows an owner to keep a copy of the registration certificate for the machine gun, available for inspection, instead of the original certificate.
Patron - Janis

F HB1981

What constitutes indecent exposure; penalty. Provides that any person who exposes his below-waist undergarments in a lewd or indecent manner shall be assessed a $50 civil penalty.
Patron - Howell, A.T.

F HB2045

Distribution of substances containing ephedra or dextromethorphan. Provides that distribution or possession with intent to distribute any herbal stimulant, natural or synthetic, containing ephedrine, ephedra, ephedra extract, ephedra herb powder, ephedra sinica, Chinese ephedra, or dextromethorphan is punishable as a Class 1 misdemeanor.
Patron - Hamilton

F HB2119

Issuance of restricted licenses for traffic offenses generally. Provides that in any case where a person commits a traffic offense, whether an infraction or a misdemeanor, and the court suspends the offender's license to operate a motor vehicle, the court may also issue a restricted operator's license. The bill also provides that no such restricted license may be issued if the law under which the offender was convicted sets forth specific terms of restricted licensure, or provides that no restricted license may be issued.
Patron - Ware, O.

F HB2129

Driving with special license plates after conviction of DUI. Requires persons convicted of drunk driving a second or subsequent time who have registered motor vehicles in Virginia to use yellow license plates with red letters and numbers.
Patron - Gear

F HB2195

Purchase of firearms. Provides that a holder of a valid concealed handgun permit issued pursuant to § 18.2-308 is only required to provide his permit number and written consent for a criminal background check on the form provided by the Department of State Police, in addition to completing a separate firearms transaction record required by federal regulation. Currently, all persons wishing to purchase a firearm in Virginia must complete a state and federal form. This bill has been incorporated into HB 2931.
Patron - Abbitt

F HB2203

Criminally negligent bodily injury; penalty. Provides that any person who, by negligence so gross, wanton and culpable as to show a reckless disregard of human life, health or safety, causes bodily injury to another, is guilty of a Class 6 felony. This bill incorporates HB 2244.
Patron - Marrs

F HB2214

Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language, and relocating language. The bill punishes using a computer to interfere with a computer system as a Class 1 misdemeanor and as a Class 6 felony if done while committing a separate felony. The bill imposes a minimum mandatory fine of $1,000 for a felony violation of the Computer Crimes Act. This bill has been incorporated into HB 2471.
Patron - Albo

F HB2244

Involuntary wounding; penalty. Provides that any person who, by negligence so gross, wanton, reckless, or culpable as to show a callous disregard of human health or safety, causes serious bodily injury to another, is guilty of a Class 5 felony. This bill has been incorporated into HB 2203.
Patron - Bell

F HB2250

Crimes; child endangerment. Eliminates the requirement that a child's physical injury be inflicted by a member of the household so that a person in custody who fails to secure medical attention for the child is guilty of failing to secure medical attention for the injured child, which is a Class 1 misdemeanor.
Patron - Bell

F HB2259

Maliciously running over road flares; penalty. Provides that any person who willfully and intentionally destroys a flare, reflectorized triangular warning device, vehicular hazard warning signal flasher, traffic cone, or any other such signal while it is being used to indicate that a vehicle is stopped on any roadway or on the shoulder of any highway in the Commonwealth is guilty of a Class 1 misdemeanor.
Patron - Bell

F HB2262

Photographs of undergarments, etc., without consent; penalty. Provides that the creation of a videotape, photograph, film or videographic or still image record created by placing the lens or image-gathering component of a recording device in a position to capture an image of the person's undergarments, genitals, pubic area or buttocks when the undergarments, genitals, pubic area or buttocks would not otherwise be visible is punishable as a Class 1 misdemeanor. This bill has been incorporated into HB 1741.
Patron - Bell

F HB2265

Embracery; penalty. Provides that any person who attempts to corruptly influence a juror is guilty of a Class 1 misdemeanor. This bill is identical to HB 1754.
Patron - Bell

F HB2304

F HB2308

Throwing objects from places higher than one story; penalty. Defines "one story" as having a vertical limit of 10 feet or more above ground level.
Patron - McDougle

F HB2327

Carrying concealed handguns; penalty. Amends the section requiring a person to have a valid permit to carry a concealed handgun, making it legal for a person to carry a concealed firearm so long as he informs a law-enforcement officer of his possession as soon as practicable if approached and he secures the firearm at the officer's request or allows the officer to secure the weapon.
Patron - Athey

F HB2388

High-speed pursuit policy. Provides that on and after January 1, 2006, every law-enforcement agency in the Commonwealth that is or may be engaged in emergency response and vehicle pursuits shall adopt a written policy that sets forth the manner in which such operations shall be conducted.
Patron - Barlow

F HB2417

Manufacturing, selling, giving, distributing or possessing with intent to manufacture, sell, give or distribute cocaine; penalties. Provides that any person who manufactures, sells, gives, distributes cocaine or possesses cocaine with intent to manufacture, sell, give or distribute it shall, in addition to any other punishment provided therefor, receive a mandatory minimum term of imprisonment of five years for a first offense. Upon a second or subsequent conviction of such a violation, the person shall receive a mandatory term of imprisonment of 15 years and, upon a third conviction of such a violation, he shall receive a mandatory minimum term of imprisonment for life without parole.
Patron - Armstrong

F HB2424

Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. The bill removes the prohibition from carrying concealed handguns onto the premises of a restaurant or club.
Patron - Cole

F HB2437

F HB2472

Computer crimes; penalties. Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 Joint Commission on Technology and Science and Virginia State Crime Commission joint study on Computer Crimes. The bill redefines computer invasion of privacy involving the unauthorized gathering of identifying information and punishes subsequent offenses, transferring the information to another or use of the information as a Class 6 felony. Currently, the offense is punishable only as a Class 1 misdemeanor. Additionally, the bill adds the fraudulent gathering of such information as a new crime and punishes it as a Class 6 felony and increases the crime to a Class 5 felony if a person transfers the information to another or uses the information. This bill has been incorporated into HB 2471.
Patron - May

F HB2473

Virginia Computer Crimes Act; hacking; penalties. Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 joint study on Computer Crimes by the Joint Commission on Technology and Science and Virginia State Crime Commission. The bill streamlines language and criminalizes circumventing computer security measures, commonly known as hacking. The bill also consolidates criminal procedure provisions into Title 19.2. This bill has been incorporated into HB 2471.
Patron - May

F HB2486

Charitable gaming; poker games authorized. Authorizes the playing of poker as part of charitable gaming. The bill defines the term "poker game" and specifies the conditions under which it may be played. The bill also requires the Charitable Gaming Board to adopt regulations governing the management, operation, and conduct of poker games. Poker games may only be conducted in conjunction with the operation of bingo games, and rules governing the general operation of charitable gaming apply to poker games. Prizes for poker games are capped at $100.
Patron - Petersen

F HB2487

Illegal gambling; exceptions for private clubs. Provides an exception to the prohibition against illegal gambling for games of chance conducted in a private club, provided such private club is not organized for the primary purpose of conducting games of chance and there is no operator as defined in subdivision 4 of § 18.2-325. The definition of "club" is the same as found in § 4.1-100. Under current law, the exception is for games of chance conducted in private residences.
Patron - Petersen

F HB2504

Penalties for manufacture and sale of methamphetamine. Halves the amounts of methamphetamine involved in manufacture or sale thereof required for the application of criminal penalties and halves the amount of money received in the sale of methamphetamine required for application of criminal penalties. This bill has been incorporated into HB 2438.
Patron - Shuler

F HB2517

Graffiti; felony for permanent damage; penalty. Creates a Class 6 felony for destroying, defacing, or damaging property if the damage to the property is permanent, irrespective of value.
Patron - O'Bannon

F HB2531

Dismissal of certain drug charges. Provides that when a person is charged with the Class 6 felony offense of obtaining drugs by use of a forged prescription, the court may, when it puts the accused on probation and the accused completes all the terms and conditions of his probation dismiss the charges. Currently, the court's only option when the accused satisfactorily completes probation is to find the accused guilty of a Class 1 misdemeanor.
Patron - Melvin

F HB2552

Payment of wages with bad checks; penalty. Provides that an employer who pays wages with a bad check having a face value of $200 or more shall be guilty of a Class 6 felony. This bill has been incorporated into HB 2674.
Patron - Moran

F HB2565

Dismemberment of dead body following criminal homicide; penalty. Creates a Class 4 felony for the willful and malicious dismemberment of a victim of criminal homicide. This bill has been incorporated into HB 2288.
Patron - Shannon

F HB2587

Crimes of violence; burglary. Adds burglary to that list of offenses denoted violent offenses for the purpose of applying the "three strikes" standard (imposes life imprisonment for the third violent felony).
Patron - Cosgrove

F HB2646

Persons charged for the first time with certain drug possession offenses; penalty. Amends disposition for "first offenders," who would be guilty of felonies or Class 1 misdemeanors, to reduce the penalty one "level" and convict those defendants of the lesser crime upon completion of terms of probation rather than defer disposition and dispose of the cases without conviction. For unclassified misdemeanors and those classified as Class 2, 3, and 4 misdemeanors, deferred disposition with a finding of not guilty would remain an option for the court.
Patron - Hurt

F HB2653

Embezzlement by public official; penalty. Provides that it is a Class 4 felony for a public official or employee to knowingly misuse, misappropriate or unlawfully dispose of any public funds, and provides one year of incarceration in a state correctional facility with no suspension of sentence for each $50,000 misused, misappropriated or disposed of unlawfully.
Patron - Hurt

F HB2688

Subsequent offenses of stalking. Provides that a second stalking conviction occurring within two years shall be a Class 6 felony rather than a Class 1 misdemeanor. Currently there is no such increased penalty. This would complement the existing increased penalty (from a Class 1 misdemeanor to a Class 6 felony) that results from a third or subsequent conviction within five years.
Patron - Pollard

F HB2701

F HB2704

Firearm eligibility check; penalty. Permits an individual to request that the State Police check to see if the individual is eligible to possess or transport a firearm under state and federal law, upon submission of a completed, notarized application with the information required to be submitted for a firearms purchase, and a fee not to exceed $20. The eligibility check would allow a person to determine if he were eligible to possess a firearm outside of the context of a firearms purchase, when the eligibility check is usually performed. The Department must notify the applicant by mail that he is "eligible to possess firearms as of the date the check was completed" or "ineligible to possess firearms as of the date the check was completed." No person or agency may require or request an individual to obtain a firearms check, and a violation of this provision is a Class 1 misdemeanor. The firearms eligibility check does not substitute for a background check performed pursuant to state and federal law at the time of purchase of a firearm.
Patron - Sickles

F HB2707

Concealed handgun permits; firearm safety courses. Amends the requirements for courses that concealed handgun permit applicants may take to demonstrate competence with a handgun, to require that such courses include instruction concerning proper handgun storage practices, as well as the laws relating to weapons and the use of deadly force. This bill incorporates HB 2712.
Patron - Sickles

F HB2712

Concealed handgun permits; firearm safety courses. Amends the requirements for courses that concealed handgun permit applicants may take to demonstrate competence with a handgun to require that such courses include instruction specific to handgun safety and the laws of the Commonwealth relating to the carrying and use of handguns. This bill has been incorporated into HB 2707.
Patron - Morgan

F HB2764

Possession of firearms on school property; firearms in vehicles. Amends the exemption allowing unloaded firearms in closed containers in vehicles, and rifles and shotguns in firearm racks in vehicles to apply only to teachers and employees of the school who have obtained prior written approval of the principal to bring the firearm onto school property, and to students who have filed a written parental consent form allowing the student to bring the firearm onto school property. In the case of the student, the principal would also have to provide written approval, the student would be required to possess a valid Virginia hunting license, and the exemption would only apply during hunting season.
Patron - Dillard

F HB2830

Issuing bad checks in payment of rent; penalty. Provides that any person making, drawing, uttering, or delivering a fraudulent check, draft, or order in payment of rent to a landlord pursuant to a lease agreement within the purview of Chapter 13 or Chapter 13.2 of Title 55 is guilty of larceny.
Patron - Nutter

F HB2835

F HB2855

Contraception not to constitute abortion. Provides that contraception is not subject to or governed by the abortion law set forth in Title 18.2. "Contraception" is defined, for all purposes, as the use of any process, device, or method to prevent pregnancy, including steroidal, chemical, physical or barrier, natural or permanent methods for preventing the union of an ovum with the spermatozoon or the subsequent implantation of the fertilized ovum in the uterus.
Patron - Amundson

F HB2897

Possession of weapons at public institutions of higher education. Allows the governing body of a public institution of higher education to establish rules and regulations concerning the possession of certain weapons, including firearms, on the institution's property. The rules and regulations may not be more restrictive than the provisions set forth in § 18.2-308.1 prohibiting the possession of weapons at primary and secondary schools and must include the exemptions set forth in that section.
Patron - Eisenberg

F HB2900

Retired law-enforcement officers; federal Law Enforcement Officers Safety Act. Provides that a valid concealed handgun permit issued to a law-enforcement officer following at least 15 years of service in the Commonwealth shall satisfy the training and qualification standards set forth in the federal Law Enforcement Officers Safety Act. A retired law-enforcement officer shall be entitled to renew his concealed handgun permit annually, as the provisions of the federal act require that the training and qualification standards be certified annually. Finally, the bill provides that a retired law-enforcement officer shall not have to pay a fee for the annual renewal.
Patron - Athey

F HB2932

Videotape statements admissible for certain crimes against children. Provides that when a child is the victim of criminal abuse and neglect, his testimony may be offered at trial via videotaped statement, provided the child victim is age 12 or younger at the time the testimony is offered, and provided the testimony meets certain trustworthiness and reliability criteria.
Patron - Bell

F HB2935

Firearms; carrying at Capitol Square. Declares that no person who lawfully possesses a firearm shall be prohibited from carrying such firearm on Capitol Square. For purposes of this section, Capitol Square means the grounds in that area of the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets, and the interior of the State Capitol and the General Assembly Building. The bill also states that this section shall not be construed to prohibit the lawful possession of a firearm on other public property where such carrying is not specifically prohibited by law.
Patron - Cline

F SB456

F SB743

Guns in child day centers; penalty. Extends the penalties for carrying a gun or other weapon on school property to child day centers.
Patron - Miller

F SB807

F SB833

False report to law-enforcement; penalty. Provides that it is a Class 6 felony to make a false police report alleging commission of certain violent crimes and naming a specific suspect. The bill also requires that a person convicted of making such a report must pay for the ensuing police investigation unless the court orders community service in lieu of monetary payment.
Patron - Mims

F SB850

Firearms; carrying on public property. Declares that no person who lawfully possesses a firearm shall be prohibited from carrying such firearm on public property or the buildings thereon unless specifically prohibited by law.
Patron - Cuccinelli

F SB865

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute cocaine; penalties. Provides that any person who manufactures, sells, gives, distributes, or possesses cocaine with intent to manufacture, sell, give, or distribute it shall, in addition to any other punishment provided therefor, receive a mandatory minimum term of imprisonment of five years for a first offense. Upon a second or subsequent conviction of such a violation, the person shall receive a mandatory minimum term of imprisonment of 15 years and, upon a third conviction of such a violation, he shall be guilty of a Class 1 felony.
Patron - Reynolds

F SB1077

Crimes against nature. Decriminalizes certain carnal knowledge.
Patron - Ticer

F SB1078

F SB1120

Carrying concealed handguns; penalty. Amends the section requiring a person to have a valid permit to carry a concealed handgun, making it legal for a person to carry a concealed firearm so long as he informs a law-enforcement officer of his possession as soon as practicable, if approached, and he secures the firearm at the officer's request or allows the officer to secure the weapon.
Patron - Obenshain

F SB1169

Sex offenses with a minor. Clarifies that it is a Class 5 felony to use a communication system to accost, entice, or solicit a minor to produce child pornography.
Patron - Stolle

F SB1179

Auto theft; penalty. Provides that theft of a motor vehicle is grand larceny regardless of the value of the motor vehicle. Under current law theft of a motor vehicle valued under $200 would be petit larceny.
Patron - Rerras

F SB1222

Abuse and neglect of incapacitated adults; penalty. Provides that abuse of an incapacitated adult that results in death is punishable as a Class 4 felony. Currently, only serious bodily injury or disease resulting from abuse is punishable as such.
Patron - Puckett

F SB1266

Concealed handgun permits; persons disqualified. Revises provision that an individual is disqualified from obtaining a handgun permit upon a sworn, written statement of the sheriff, chief of police, or attorney for the Commonwealth that the applicant is likely to use a weapon unlawfully or negligently to endanger others, to provide that disqualification occurs upon such statement only if the court bases its decision on clear and convincing evidence of particular acts by the applicant within the three-year period immediately preceding the application.
Patron - Cuccinelli

F SB1343

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Crimes and Offenses Generally

E-mail Webmaster