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Cumulative Index - Last updated 06/03/09
2009 Session - Frames Version or No Frames Version or PDF (large file, searchable)    
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CRIMINAL PROCEDURE

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation
(C) Carried over from 2008 Session (CD) Carried over from 2008 session but died in committee on or before December 4th


Alcoholic beverage control; unlawful possession, affirmative defense. Amending  4.1-305. (Patron-Griffith, HB 2627 (Chapter 248))
Animal control officers; moves oversight and governance thereof to Department of Criminal Justice Services. Amending  3.2-6500, 3.2-6540, 3.2-6543, 3.2-6558, 9.1-101, and 9.1-102; adding 15.2-1754 and 15.2-1755; repealing  3.2-6555 and 3.2-6556. (Patron-Kilgore, HB 2263 (F))
Arrests; requires fingerprints be taken and forwarded to Central Criminal Records Exchange when violation of protective order issued under Title 16.1. Amending  19.2-390. (Patron-Cline, HB 2637 (Chapter 249))
Assault and battery; penalty when against family or household member who is protected by provisions of protective orders. Amending  18.2-57.2, 19.2-151, and 37.2-506. (Patron-McClellan, HB 2489 (F))
Behavioral Correction Program; created. Adding  19.2-316.4. (Patron-Puckett, SB 1196 (F))
Central Virginia Criminal Justice Academy; allowed to enter into an agreement to train private correctional personnel employed by Immigration Centers of America-Farmville, LLC. (Patron-Abbitt, HB 2624 (Chapter 177))
Children of persons at criminal proceedings; court shall obtain and submit to Department of Social Services names, social security numbers, etc., of defendants’ children. Amending  19.2-120, 19.2-152.4:3, 19.2-254, 19.2-303, and 63.2-1902. (Patron-Stuart, SB 915 (F))
Citizens’ Right to Know: Pretrial Release Act; pretrial agencies to keep detailed records and case records for each defendant for whom it does and does not recommend release. Adding 19.2-150.1 through 19.2-150.6. (Patron-Bell, HB 2650 (F))
Community criminal justice boards; membership. Amending  9.1-178. (Patron-Howell, SB 65 (CD))
Concealed handgun permits; no locality may require a person previously issued a permit to submit to fingerprinting for a new permit. Amending  15.2-915.3 and 18.2-308. (Patron-Pogge, HB 1748 (F))
Conservators of the peace, special; those employed by locality authorized to use flashing blue lights in their vehicles. Amending  18.2-175, 46.2-1022, and 46.2-1023. (Patron-Loupassi, HB 1801 (F))
Court-established community service programs; court shall establish. Amending  19.2-354. (Patron-Janis, HB 1866 (Chapter 741))
Credit cards; clarifies language allowing acceptance thereof by clerks to make it clear that fee collected is from person presenting card. Amending  17.1-275 and 19.2-353.3. (Patron-Obenshain, SB 960 (Chapter 594))
Crime victims; no law-enforcement officer shall inquire into immigration status of any person who reports that he is victim of crime or is parent or guardian of a minor victim. Adding 19.2-11.02. (Patron-Howell, SB 1436 (F))
Crimes, several; penalties. Amending  8.01-44.4, 8.01-226.9, 16.1-253.2, 18.2-11, 18.2-23, 18.2-46.1, 18.2-46.3, 18.2-57, 18.2-57.2, 18.2-60.3, 18.2-95, 18.2-96.1, 18.2-97, 18.2-103, 18.2-104, 18.2-105.1, 18.2-108.01, 18.2-111, 18.2-152.3, 18.2-152.8, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-270, 18.2-340.37, 19.2-8, 19.2-81, 19.2-215.1, 19.2-270.1, 19.2-289, 19.2-290, 19.2-299.2, 32.1-321.4, 46.2-301, 46.2-341.28, 46.2-357, and 63.2-525; adding 18.2-95.1. (Patron-Stolle, SB 1422 (F))
Criminal case; deferred disposition. Amending  19.2-303.4; adding  19.2-303.5. (Patron-Griffith, HB 553 (CD); Melvin, HB 1209 (CD); Barlow, HB 1336 (CD))
Criminal cases; admissibility of prior inconsistent statements. Adding  19.2-268.3. (Patron-Gilbert, HB 2363 (F))
Criminal conviction record; person convicted of certain criminal offenses to petition to have his conviction expunged after certain period of time. Amending  19.2-392.2. (Patron-McEachin, SB 1289 (F))
Criminal convictions; notification to certain individuals of availability of physical evidence suitable for DNA testing, report. (Patron-Stolle, SB 1391 (Chapter 172))
Criminal history record checks; adds Rita Welsh Adult Literacy Program to agencies that may receive for volunteers without charge. Amending  19.2-389. (Patron-Norment, SB 1407 (F))
Criminal Injuries Compensation Fund; electronic filing of claims. Amending  19.2-368.5. (Patron-Bell, HB 2403 (Chapter 381))
Criminal Justice Services Board; increase of membership. Amending 9.1-108. (Patron-Jones, HB 2640 (F))
Criminal Justice Services, Department of; Board to waive any fees imposed for licensure and renewal thereof for any locksmith who performs on a part-time basis. Amending  9.1-140.1. (Patron-Crockett-Stark, HB 1921 (F))
Criminal procedure; compensation of court-appointed counsel. Amending  19.2-163. (Patron-Reynolds, SB 1363 (Chapter 284))
Criminal records checks; required for licensure to practice as real estate licensees. Amending  19.2-389 and 54.1-204. (Patron-Amundson, HB 2541 (Chapter 667))
Death penalty; abolished for all Class 1 felonies committed on or after July 1, 2009. Amending  8.01-195.10, 8.01-654, 17.1-310, 17.1-406, 18.2-8, 18.2-10, 18.2-22, 18.2-25, 19.2-100, 19.2-102, 19.2-120, 19.2-152.2, 19.2-157, 19.2-159, 19.2-163, 19.2-270.4:1, 19.2-319, 19.2-321.2, 19.2-327.1, 19.2-327.2, and 19.2-327.3; repealing  8.01-654.1, 8.01-654.2, 17.1-313, 17.1-406, 18.2-17, 19.2-163.7, 19.2-163.8, 19.2-264.2 through 19.2-264.5, and 53.1-232 through 53.1-236. (Patron-Hargrove, HB 1755 (F))
Deferred disposition in criminal cases; allows a court to defer and dismiss any criminal case other than Class 4 felonies. Amending  18.2-67.5:1, 18.2-104, and 19.2-303.4; adding  19.2-303.5. (Patron-Morrissey, HB 1811 (F))
Detector canine handlers and examiners; Department of Criminal Justice Services may provide partial exemption from compulsory entry-level training thereof for certain. Amending  9.1-138, 9.1-141, and 9.1-143. (Patron-Valentine, HB 2241 (Chapter 375))
Dogs, dangerous and vicious; any person may apply to magistrate for issuance of summons. Amending  3.2-6540. (Patron-Howell, SB 950 (F))
Driving under influence of alcohol; law-enforcement officer to arrest without warrant if has probable cause to suspect of driving while intoxicated, etc. Amending  19.2-81. (Patron-Mathieson, HB 1954 (I) See HB2245)
Driving under influence of alcohol; law-enforcement officer to arrest without warrant if not committed in his presence. Amending  19.2-81. (Patron-Barlow, HB 2245 (F))
Driving without a license; person may be placed under arrest if previously convicted of offense. Amending  19.2-390 and 46.2-936. (Patron-Albo, HB 1695 (F))
Elected or appointed officials; limit on attorney-issued subpoenas unless subject matter is unrelated to his official duties. Amending  8.01-407. (Patron-Shannon, HB 1859 (F); Petersen, SB 1455 (F))
Electronic communication service providers or remote computing service providers; search warrants executed upon. Amending 19.2-56. (Patron-Deeds, SB 1009 (Chapter 725))
Electronic video and audio communication, two-way; if available for a hearing, judge shall use such communication to determine bail or to determine representation by counsel. Amending  19.2-3.1. (Patron-Sherwood, HB 2108 (Chapter 94))
Electronic video and audio communication, two-way; if available in criminal proceeding, judge shall use such communication to determine bail or to determine representation. Amending 19.2-3.1. (Patron-Vogel, SB 1268 (Chapter 623))
Emergency protective order; authority of a magistrate or judge to issue in cases of sexual battery. Amending  19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Griffith, HB 1842 (Chapter 341))
Emergency protective orders; Office of Executive Secretary of Supreme Court to allow magistrates in Accomack County to use preliminary orders, report. (Patron-Marsden, HB 1518 (CD))
Expungement of criminal conviction record; person to have his conviction expunged after eight years upon showing that his opportunities for employment, etc., are prejudiced by criminal record. Amending  19.2-392.2. (Patron-Morrissey, HB 1813 (F))
Extradition; sheriff or police chief of a locality may hire a private entity to perform on behalf of State. Amending 19.2-92. (Patron-Hurt, SB 771 (CD))
Felony, violent; presumption of no bail upon conviction. Amending 19.2-120. (Patron-Bell, HB 996 (CD))
Fines and costs; waiver of payment of interest for incarcerated persons. Amending  19.2-353.5. (Patron-Dance, HB 1670 (F))
Fines and costs; waiver of payment of interest while defendant was incarcerated. Amending  19.2-353.5. (Patron-Marsh, SB 844 (F))
Firearm silencer; shifts burden of proof that firearm is registered from State to defendant. Amending  18.2-308.6. (Patron-Crockett-Stark, HB 2004 (F))
Foreign service; search warrant for electronic communications. Amending  19.2-70.3. (Patron-Bell, HB 2391 (Chapter 378))
Freedom of Information Act; proceedings for enforcement, relating to writs of mandamus or injunction. Amending  2.2-3713 and 8.01-644. (Patron-Puller, SB 1505 (Chapter 634))
Grand larceny; threshold amount. Amending  18.2-23, 18.2-95, 18.2-96, 18.2-96.1, 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553. (Patron-Reynolds, SB 351 (CD); Petersen, SB 1136 (F))
Homicide; prosecution regardless of amount of time that has passed between act or omission causing death. Adding  19.2-8.1. (Patron-Marsh, SB 1256 (Chapter 278))
Identity theft; relieves victim thereof of any fees for filing petition to expunge criminal records of charges. Amending 19.2-392.2. (Patron-Puckett, SB 1197 (Chapter 618))
Illegal immigrants; removes Code provision that prohibits an arrest thereof more frequently than once every six months except where confirmation has been received from Immigration and Customs Enforcement. Amending  19.2-82. (Patron-Miller, J.H., HB 2580 (Chapter 669))
Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Adding  19.2-264.3:1.3. (Patron-Watkins, SB 369 (CD))
Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Adding  19.2-264.3:1.3 and 19.2-264.3:4. (Patron-Watkins, SB 939 (F))
Inmates; emergency psychiatric treatment. Amending  19.2-169.6, 19.2-176, and 19.2-177.1. (Patron-Cuccinelli, SB 275 (CD); McEachin, SB 440 (CD))
Interpreter; appointed for non-English-speaking defendant. Amending  19.2-164. (Patron-Stuart, SB 912 (F))
Juvenile arrest information; police and sheriff departments may release current information on juvenile arrests to law-enforcement agencies in other states. Amending  16.1-301. (Patron-Stolle, SB 1377 (Chapter 286))
Juvenile convicts; payment of restitution. Amending  19.2-305.2. (Patron-Marsden, HB 587 (CD))
Magistrates; issuance of felony arrest warrants. Amending 19.2-45, 19.2-71, and 19.2-72. (Patron-Cosgrove, HB 1874 (Chapter 344))
Magistrates; refer complaints alleging felony offense to law-enforcement agency. Amending  19.2-45, 19.2-71, and 19.2-72. (Patron-Deeds, SB 1426 (Chapter 291))
Marijuana; expungement of charges. Amending  18.2-250.1, 18.2-251, and 19.2-392.2. (Patron-Morgan, HB 2468 (F))
Marijuana; expungement of charges. Amending  18.2-251 and 19.2-392.2. (Patron-Morgan, HB 315 (CD))
Medical examiner reports; admissibility of contents in any preliminary hearing. Amending  19.2-188. (Patron-Lingamfelter, HB 1850 (Chapter 640))
Mental health law; amends statutes to address issues resulting from overhaul thereof during 2008 Session. Amending  19.2-182.9, 37.2-808, 37.2-815, 37.2-816, 37.2-817, and 37.2-819. (Patron-Hamilton, HB 2060 (Chapter 21); Howell, SB 1083 (Chapter 838))
Misdemeanor arrest or summons; gives a law-enforcement officer choice of issuing a summons and releasing person or arresting him for Class 1 and 2 misdemeanors. Amending  19.2-74. (Patron-Miller, J.H., HB 2136 (F))
Multijurisdiction grand jury; expands jurisdiction to include investigation of trademark infringement. Amending  19.2-215.1. (Patron-Loupassi, HB 2623 (Chapter 491))
Physicians and patients; eliminates requirement limiting patient’s health information that may be discovered or introduced at trial. Amending  8.01-399. (Patron-O’Bannon, HB 1984 (F))
Probation; Department of Corrections to develop supervision plan when an offender is placed on supervised probation. Amending 19.2-303. (Patron-Sherwood, HB 2567 (F))
Probation revocation and suspended sentence revocation worksheets; court to utilize in all cases. Amending  19.2-298.01 and 19.2-306. (Patron-Stolle, SB 1380 (F))
Probationer, supervised; shall not be kept under probation solely because of his failure to make full payment of fines, etc. Amending  19.2-305. (Patron-Melvin, HB 2309 (Chapter 240))
Protective order; law-enforcement officer may effect service by personally serving person subject to order. Amending  16.1-264. (Patron-Shannon, HB 2611 (F))
Protective order; notification of service by local police department, sheriff’s office, or other law-enforcement agency. Adding  19.2-11.01:1. (Patron-Scott, J.M., HB 1596 (F); Ticer, SB 839 (F))
Protective orders; aiding and abetting violation thereof, penalty. Amending  16.1-253.2 and 18.2-60.4. (Patron-Gilbert, HB 2367 (F))
Protective orders; court may include therein provisions for protection of companion animals and livestock. Amending 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Scott, J.M., HB 2381 (F))
Protective orders; issuance upon conviction in cases of family abuse. Amending  16.1-253.1 and 16.1-279.1. (Patron-Shannon, HB 1857 (Chapter 343))
Protective orders; notification of service. Adding  19.2-11.01:1. (Patron-Ticer, SB 638 (CD))
Protective orders; removes provision to contain identifying information. Amending  16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Edwards, SB 1439 (Chapter 732))
Regional Criminal Justice Academy Training Fund; limits fee that a locality not participating in may charge to support training operations. Amending  9.1-106. (Patron-Petersen, SB 1130 (F))
Restorative justice; Crime Commission shall investigate legal and practical issues surrounding different types thereof, report. (Patron-Norment, SJR 362 (F))
School teachers as witnesses; a party in any case involving custody of a minor child may have subpoena issued to summon a teacher of child to testify at a deposition or a court hearing. Adding 8.01-410.1. (Patron-Herring, SB 1340 (F))
Sentencing order; failing to comply. Amending  19.2-298. (Patron-Massie, HB 1968 (Chapter 192))
Sentencing order; guilty of Class 1 misdemeanor for failing to comply. Amending  19.2-298. (Patron-Massie, HB 1520 (CD))
Service of process; plaintiff requesting on a defendant where service was not had, plaintiff must pay requisite fee for each subsequent reissuance of process requested after two attempts have been made. Amending  16.1-69.48:2; adding  16.1-82.1. (Patron-Peace, HB 1550 (CD))
Southwest Regional Recreation Authority; governing body to appoint members thereto, rangers eligible for appointment as special conservators of peace. Amending  15.2-6018 and 15.2-6021. (Patron-Puckett, SB 1461 (Chapter 720))
Special conservation police officers; those appointed after October 1, 2009, shall have valid registration as Special Conservator of the Peace from Department of Criminal Justice Services. Amending  29.1-200. (Patron-Mathieson, HB 1961 (Chapter 355))
Suppress evidence, etc.; a criminal defendant to state grounds for a motion thereto. Amending  19.2-266.2. (Patron-Reynolds, SB 1362 (F))
Suspended operators license; forfeiture of motor vehicle for driving therewith. Amending  19.2-386.16. (Patron-Crockett-Stark, HB 2553 (F))
Transport of prisoners; minimum standards therefor by persons other than law-enforcement officers. Amending  19.2-108. (Patron-Hurt, SB 1307 (Chapter 848))
Trials; credit for time spent in confinement discretionary with court. Amending  53.1-187. (Patron-Scott, E.T., HB 2179 (F))
Visitation, supervised; defines term as contact between parent and child that occurs in presence of court-approved supervising person. Amending  16.1-241, 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 20-124.1. (Patron-Watts, HB 1897 (F))
Warrants, local; authorizes local governments to publish information relating thereto. Amending  58.1-3131. (Patron-Cline, HB 2635 (F); Cuccinelli, SB 812 (F); Petersen, SB 1129 (F))
Writ of fieri facias; every officer to endorse thereon date and time he receives. Amending  8.01-487. (Patron-Nixon, HB 1888 (Chapter 443))
Writs; requirements for actual innocence. Amending  19.2-327.2, 19.2-327.3, and 19.2-327.5. (Patron-Melvin, HB 2312 (Chapter 139))
Writs of actual innocence; extends ability to petition for, based on previously unknown biological evidence to individuals who are not incarcerated. Amending  19.2-327.2, 19.2-327.3, and 19.2-327.5. (Patron-Stolle, SB 1381 (Chapter 320))
2009 Cumulative Index of Bills, Joint Resolutions, and Resolutions - For additional information, please contact the House of Delegates Information and Public Relations Office, P. O. Box 406, State Capitol, Richmond, Virginia 23218, telephone (804) 698-1500. Last updated 06/03/09