CONSTITUTION

4^th Amendment 

Search & Seizure 

OUT OF STATE WARRANTS – SB492 (HB84): (1) Alters § 19.2-70.3 so that foreign courts' search warrants issued to electronic internet storage and service companies in Virginia (AOL) are treated the same as search warrants issued by a Virginia Court. (2) Only applies to warrants pertaining to (a) violent felony crimes, (b) acts of violence, (c) an offense for which registration is required, (d) computer fraud, or (e) identity theft.

ARREST WARRANT / ANIMAL CONTROL – HB904: Changes § 19.2-71(A) and § 19.2-72 to allow a magistrate to issue a felony warrant to an animal control officer. 

 

EVIDENCE

CERTIFICATES – HB500 (HB456): Changes § 19.2-187.1(E) so that if the analyst testifies the certificate of analysis is admissible.

 

PROCEDURE

 

Pretrial

Preliminary Hearing:

CERTIFICATES – HB500 (HB456): Changes § 19.2-183(D) so that certificates of analysis are admissible in the preliminary hearing without the analyst present.

Pretrial Motions

BOND – SB75 (HB291): (1) Warrant – Defendant may appeal magistrate's bond to district court. (2) Direct Indictment – Defendant may appeal magistrate's bond to circuit court. (3) Case that is appealed to circuit court or goes to circuit court after preliminary hearing – Defendant may appeal his bond to circuit court. (4) Defendant may appeal his bond all the way up to the Virginia Supreme Court. (5) The prosecution may appeal a bond if (a) the bond is to low, or (b) the defendant has violated a condition of his release, or (c) the defendant is charged or convicted of any misdemeanor or felony.

BOND ON CAPIAS – SB490 (HB1194): Creates 19.2-130.1, which requires the magistrate to set the bond which the judge who issued the capias ordered when issuing the capias.

CERTIFICATES – SB106: Changes language in statutes so that the certificate of analysis need only be “provided simultaneously” with the notice of right to object rather than be “attached to.”

UNCONSTITUTIONALITY OF A STATUTE – SB521 (HB618): Changes § 16.1-131.1 so that a prosecutor for a locality can appeal a court not of record's finding that a statute is unconstitutional to the circuit court.

Examination

WITNESSES – HB500 (HB456): Changes § 19.2-183(B) to clarify that the defendant has the right to cross examine witnesses for other defendants as well as Commonwealth witnesses.

Jury Instructions 

CAPITAL MURDER – SB162: Removes the capital jury sentencing instructions from § 19.2-264.4.

Jury Sentencing

CAPITAL MURDER – HB568: Changes § 19.2-264.3:1(E) so that a defendant who wants to bring a mitigation witness must give 60 days notice (rather than 21).

Judicial Imposition of Sentence

JUVENILE DISMISSAL WITHOUT CONVICTION – HB908: (1) A juvenile judge may only dismiss without adjudging delinquent first offenders for (a) underage possession of alcohol, (b) public intoxication, or (c) possession of a handgun. (2) If a juvenile has a second offense of the violations supra, the violation must be dealt with pursuant to § 16.1-278.8.

Post Trial 

COPY OF PRESENTENCE REPORT – HB13: Changes § 9.1-177.1 and § 19.2-299 to allow anyone pursuing post conviction relief to get a copy of the presentence report. 

 

SUBSTANTIVE

Violent Crimes

CAPITAL MURDER – SB520 (HB934): Changes 18.2-31 so that the murder of an auxiliary police officer or auxiliary sheriff's deputy is a death penalty offense.

CAPITAL MURDER – HB166: Changes 18.2-31 so that the murder of a fire marshal or deputy fire marshal is a death penalty offense.

ABDUCTION / LOSS OF VEHICLE – HB1113: Adds § 19.2-386.16(B) forfeiting any car used in an abduction.

Sex Crimes

POST CONVICTION ENTRY TO A SCHOOL – HB227: (1) Clarifies that in order to visit a school an offender must (a) get permission from the circuit court, (b) get permission from the school board, and (c) be in compliance of any terms set by the court and the board. (2) Removes the ability of JDR courts to hear these types of cases; all must go to circuit court.

SEX OFFENDER / NO LEGAL RESIDENCE: Adds § 9.1-903(J) requiring a registrant without a legal address to provide a location where he resides or habitually locates himself.

Drug Crimes

NEWLY CLASSIFIED – HB953: (1) Amends § 54.1-3448 to classify Tapentadol as a scheduleII drug. (2) Amends § 54.1-3450 to classify boldione, desoxymethyltestosterone (madol), and 19-no4-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione) as schedule III drugs. (3) Amends § 54.1-3452 to classify fospropofol as schedule IV drug. (4) Amends § 54.1-3454 to classify lacosamide as a schedule V drug.

PHARMACIST / SCHEDULE II DRUGS – HB964: Changes § 54.1-3420.1 in several ways. (1) Requires a pharmacist to see an ID for anyone getting a schedule II drug, “unless known to the pharmacist.” (2) If the person seeking the schedule II drug is not the one on the prescription the pharmacist shall record his name and address, even if the pharmacist knows the person. (3) The pharmacist is required to copy the proof of identity. (4) The pharmacist must maintain the records of recipient's identities for at least one year. (5) Any prescriptions delivered outside the pharmacy shall require a signature by the recipient.

PHARMACIST / REPORTING FRAUD – HB1166: (1) Creates § 54.1-3408.2 which allows those who dispense pills to report those they suspect may have gotten their prescription by fraud or deceit. (2) Makes the reporter immune from civil liability if the report is made in good faith.

Theft / Property Crimes

EXTORTION – HB210: Changes § 18.2-59 so that threatened “injury to property” includes the sale, distribution, or release of identifying information.

Weapon Crimes

CONCEALED WEAPON / IN BAR – SB334 (HB505): (1) Allows a person to carry a concealed weapon into a place that serves alcohol as long as he does not drink. (2) Drinking is punishable by a class 2 misdemeanor. (3) The statute does not apply to federal, state or local law enforcement.

CONCEALED WEAPON / IN CAR – SB408 (HB885): Adds 18.2-308(B)(10) so that a person may carry a weapon concealed in his car if it is locked in a compartment or container.

CONCEALED WEAPON / DUI FROM ANOTHER STATE – SB501: Changes 18.2-308 so that someone who has had a DUI in another state within three years cannot get a concealed carry permit.

MINOR CARRYING A FIREARM – SB591: Changes § 16.1-248.1 to allow a juvenile to be placed in detention if he is alleged to have transported a handgun or assault firearm.

CONCEALED WEAPON / RETIRED OR RESIGNED OFFICER – HB1092 (HB1256): Amends 18.2-308(B)(7) so that a retired or resigned (but eligible to retire) law-enforcement officer who receives proof of consultation and favorable review pursuant to this subdivision is authorized to carry a concealed handgun.

Motor Vehicles 

DRIVING MOTORCYCLES SIDE BY SIDE IN ONE LANE – SB321: While it is reckless for anyone else to do so, it is not reckless driving for two officers to drive abreast in one lane while on duty.

DUI / RESTRICTED LICENSE – SB589: Changes 18.2-271.1 to allow a restricted license for “travel to and from appointments approved by the Division of Child Support Enforcement of the Department of Social Services as a requirement of participation in a court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person. 

RESTRICTED DRIVERS LICENSE – HB97: A judge can grant a driver licensed out of state, but suspended in Virginia, the same restricted driving privileges he can a person licensed in Virginia.

DRIVING ABREAST WHILE PASSING – HB163: Changes § 46.2-857 so that it is not illegal to travel side-by-side with a vehicle when passing it in a separate lane.

IMPOUNDING VEHICLE – HB513: (1) Changes § 46.2-301.1 so that if someone is found driving without a license (violating 46.2-301) his car will be impounded for 3 days or less if he gets his license. (2) Does not apply if the offender is (a) under 18, or has been without a license for less than a year.

ALLOWING NON-LICENSED TO DRIVE – HB513: Changes § 46.2-301.1 so that if anyone (1) authorizes an unlicensed driver to drive a vehicle, and (2) knows the driver has previously been convicted of driving without a license that person is guilty of a class 1 misdemeanor.

IMPOUNDING VEHICLES – HB742: (1) Changes § 46.2-301(A) so that if a person has been convicted after having his license revoked under 18.2-272 the judge can order his car impounded for 90 days. (2) Changes § 46.2-301.1 so that if a person has been arrested after having his license revoked under 18.2-272 his car is to be impounded for 30 days.

LICENSE SUSPENDED FOR DUI – HB769: Changes § 18.2-271(B) so that any license suspension for a DUI conviction must run consecutive with any prior suspension for a DUI conviction.

** DUI ARREST – HB770 (HB1254): (1) Changes § 19.2-73(B) to allow an officer with probable cause to issue a summons to a person suspected of DUI who is in a medical facility and have the summons treated as though a warrant. (2) Changes § 19.2-81(D) to allow an officer to arrest anyone he has probable cause to believe has committed a DUI within 3 hours of the event, even if the officer did not witness the event.

SPEED LIMIT – HB856 (HB176) (SB537): Changes § 46.2-870 so that the maximum possible speed limit is 70 mph.

MINOR LICENSE SUSPENSION – HB863: Changes § 16.1-278.9(D) so that the court may not issue a minor a restricted license to travel to and from school if there is transportation provided by the school.

VEHICULAR MANSLAUGHTER / CDL – HB916: Adds § 46.2-341.18(E) which disqualifies an offender from having a CDL for 5 years if manslaughter occurred while operating a commercial motor vehicle.

MOVE OVER LAW- HB1159 (HB403): (1) If a vehicle displaying red, blue, or amber flashing lights is on the side of a four lane road, other drivers must pull into the lane farthest from it to pass. (2) The punishment for a first violation is reduced to a traffic citation. (3) A second or subsequent violation is a class 1 misdemeanor.

DRIVING A SCHOOL BUS WITH ALCOHOL – HB1382: Creates § 4.1-309.1 which makes it a class 1 misdemeanor to possess or drink alcohol while transporting children on a school bus.

Other

WEARING A MASK / PUBLIC EMERGENCY – SB532 (HB869): Changes § 18.2-422 to allow the wearing of masks if there is a declaration of emergency which specifically waives the law against masks.

FAILURE TO PAY CHILD SUPPORT – SB589: Allows those convicted of failure to pay child support to be placed on home electronic monitoring.

ANTI-SPAM – HB001: (1) Alters definitions in § 18.2-152.2 and the actual definition of the crime in § 18.2-152.3:1 so that spamming is only illegal if done for a commercial purpose. (2) It is a class 1 misdemeanor to distribute software which has as its purpose the distribution of commercial spam. (3) It is a class 6 felony if (a) commercial spam is more than (i) 10,000 sent in a day, (ii) 100,000 sent in a month, or (iii) 1,000,000 sent in a year; or (b) more than (i) $1,000 is made from one commercial spam, or (ii) $50,000 is made from more than one commercial spam; or (c) a minor is knowingly part of the commercial spamming.

ILLEGAL TO TRY TO STOP HUNTING – HB486: Changes § 29.1-521.1 so that if a person baits an area in order to make it illegal to hunt there he has committed a class 3 misdemeanor.

GANG FREE RECREATION CENTERS – HB682: Changes § 18.2-46.3:3 so that committing a predicate criminal gang act on the property of a public community or recreation center incurs a mandatory minimum 2 years in prison.

PROFANE OR THREATENING ELECTRONIC MESSAGES – HB741: Changes § 18.2-427 so that telephonic communications include electronic messages sent or received by phone.

PROSTITUTION / LOSS OF VEHICLE – HB1113: Adds § 19.2-386.16(B) forfeiting any car used in pandering if the prostitute is a minor.