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2010 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 to 2011 Session


Abduction or pandering; forfeiture of vehicle when involving a minor. Amending  19.2-386.16. (Patron-Ebbin, HB 1113 (Chapter 710))
Affidavits; admissibility as evidence by government official regarding search of government records. Adding  19.2-188.3. (Patron-Obenshain, SB 385 (Chapter 464))
Animal control officers; magistrate to issue arrest warrant for complaint thereby for felony offense. Amending  3.2-6566, 19.2-71, and 19.2-72. (Patron-Bell, Robert B., HB 904 (Chapter 240))
Appeal of bail decision; court is determined based on where initial determination was made, etc. Amending  19.2-124. (Patron-Armstrong, HB 636 (F))
Appeal of bail decision; court is determined based on where initial determination was made, etc. Amending  19.2-124 and 19.2-132. (Patron-Reynolds, SB 75 (Chapter 592))
Assault and battery; penalty when against magistrate. Amending 18.2-57. (Patron-Loupassi, HB 100 (F))
Assault and battery against a family or household member; if a person who commits against a person who is protected by a protective order is guilty of a misdemeanor. Amending 18.2-57.2, 19.2-151, and 37.2-506. (Patron-McClellan, HB 216 (C))
Attorney-issued summons; eliminates prohibition of summonses in cases involving issuance of protective orders. Amending 8.01-407. (Patron-Marsden, SB 721 (Chapter 486))
Attorney-issued summons; protective orders. Amending  8.01-407. (Patron-Herring, HB 458 (Chapter 302))
Bail; terms set by court on a capias to be honored by magistrate. Adding  19.2-130.1. (Patron-Griffith, HB 1194 (Chapter 312); Hurt, SB 490 (Chapter 375))
Bail bondsman; to receive criminal history information. Amending 19.2-120 and 19.2-389. (Patron-Iaquinto, HB 1255 (Chapter 862))
Bail decision; appeal by an attorney for State. Amending 19.2-124. (Patron-Reynolds, SB 724 (F))
Bail decision; specifies court which bond amount or term of recognizance should be appealed. Amending  19.2-124 and 19.2-132. (Patron-Griffith, HB 291 (Chapter 404))
Bifurcated trial; when jury cannot agree on punishment, court shall impanel a different jury to ascertain. Amending  19.2-295.1. (Patron-Cline, HB 1355 (F))
Capital cases; sentencing proceeding. Amending  19.2-264.4. (Patron-Edwards, SB 162 (Chapter 658))
Capital murder; jury sentencing of a defendant who has entered a plea of guilty. Amending  19.2-257 and 19.2-264.3. (Patron-Reynolds, SB 78 (F))
Capital murder; notice to State of expert testimony 60 days before trial. Amending  19.2-264.3:1. (Patron-Iaquinto, HB 568 (Chapter 559))
Certificates of analysis; two-way video conferencing in criminal cases. Amending  19.2-3.1 and 19.2-187.1. (Patron-Obenshain, SB 387 (Chapter 800))
Certificates of analysis and affidavits; State shall notify defendant if used in lieu of testimony. Amending  18.2-472.1, 19.2-187, and 19.2-187.1. (Patron-McDougle, SB 106 (Chapter 656))
Community-based probation service agency, local; local probation programs to supervise offenders referred from drug courts. Amending  19.2-303.3. (Patron-BaCote, HB 878 (F))
Companion animals; court may include in protective order provisions prohibiting harm. 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 285 (C))
Concealed handgun permit applications; removes option for a locality to require an applicant to submit fingerprints. Amending  18.2-308; repealing  15.2-915.3. (Patron-Cline, HB 870 (F); Reynolds, SB 79 (F))
Concealed weapon and concealed handgun permits; reorganizes existing law. Amending  15.2-915.3, 16.1-260, 17.1-406, 18.2-57.3, 18.2-287.01, 18.2-287.4, 18.2-308, 18.2-308.1, 18.2-311, 19.2-83.1, 19.2-120.1, 19.2-386.27, 19.2-386.28, and 22.1-277.07; adding  18.2-308.01 through 18.2-308.014. (Patron-Lingamfelter, HB 489 (F))
Conditions of release; no person arrested for a felony may be released to pretrial services agency in lieu of posting secure bond until he is determined by court to be indigent. Amending 19.2-123. (Patron-Petersen, SB 716 (F))
Conditions of release; no person arrested for a felony may be released to pretrial services agency unless he is determined by court to be indigent. Amending  19.2-123. (Patron-Albo, HB 728 (F))
Conditions of sentence suspension; allows credits to be applied toward reducing offender’s time on supervised probation. Amending  19.2-303. (Patron-Howell, SB 615 (F))
Conservators of the peace, special; authorized to use seal of State. Amending  19.2-13. (Patron-Lingamfelter, HB 1204 (Chapter 530))
Correctional facility work program; person who participates to contribute part of his pay for court imposed fines, costs, forfeiture, etc., owed. Amending  53.1-41. (Patron-McDougle, SB 670 (Chapter 616))
Court-appointed counsel; requires separate detailed accounting for representation expenses for each criminal charge. Amending 19.2-163. (Patron-Cline, HB 864 (C))
Crime victims; no law-enforcement officer shall inquire into immigration status thereof. Adding  19.2-11.02. (Patron-Howell, SB 462 (F))
Criminal background checks; fingerprint checks of certain applicants and employees of public transit services. Amending 15.2-1503.1 and 19.2-389; adding  15.2-4517.1. (Patron-Miller, J.H., HB 690 (Chapter 563); Puller, SB 28 (Chapter 189))
Criminal confessions; inadmissible unless videotaped. Adding 19.2-269.3. (Patron-Morrissey, HB 793 (F))
Criminal conviction record; person convicted of certain offenses to petition to have his conviction expunged after a five-year period has expired. Amending  19.2-392.1, 19.2-392.2, and 19.2-392.3. (Patron-McEachin, SB 70 (F))
Criminal Injuries Compensation Fund; includes individuals who have suffered physical injury or death due to an attack by dangerous or vicious dogs. Amending  19.2-368.2. (Patron-Watts, HB 809 (F))
Criminal Injuries Compensation Fund; Workers’ Compensation Commission to adopt rates for payment of claims for services allowed. Amending  19.2-368.3. (Patron-Howell, SB 88 (Chapter 780))
Criminal justice training academies; locality may eliminate statutory requirement to contain word training in their name or title. Amending  15.2-1747. (Patron-Edmunds, HB 600 (Chapter 516))
Criminal procedure; sentencing revocation report worksheets. Amending  19.2-298.01 and 19.2-306. (Patron-Howell, SB 617 (F))
Decibel level of sound; authorizes a law-enforcement officer to use certain equipment to determine. Amending  2.2-1112; adding 19.2-270.7. (Patron-Tata, HB 563 (Chapter 558))
Deferred disposition in criminal cases; allows court to defer and dismiss any 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 522 (F))
District court; expungement of police and court records. Adding 19.2-392.2:1. (Patron-Surovell, HB 823 (F))
DNA data bank; Department of Forensic Science to receive samples of human biological evidence to analyze, classify, and file results of DNA identification characteristics profiles. Amending 19.2-310.5. (Patron-McClellan, HB 314 (Chapter 502))
Domestic relations cases; trier may draw an adverse inference against any party or witness who refuses to answer questions regarding certain conduct which may be self-incriminating. Amending  8.01-223.1. (Patron-Marshall, R.G., HB 14 (F); Toscano, HB 67 (I) See HB14)
Driving under influence of alcohol; expands driving under influence crimes for which an officer may arrest person without warrant to include persons driving watercraft. Amending  19.2-74 and 19.2-81. (Patron-Reynolds, SB 688 (C))
Driving under influence of alcohol, arrestee; allows a law-enforcement officer to arrest someone for DUI on suspended license and to transfer custody to another officer who may obtain warrant based on statements of arresting officer. Amending  19.2-81. (Patron-Iaquinto, HB 1254 (I) See HB770)
Driving under influence of alcohol arrests; an officer at a medical facility may issue a summons for violation thereof, and for refusal of certain tests. Amending  19.2-73, 19.2-74, and 19.2-81. (Patron-Cleaveland, HB 770 (Chapter 840))
Drug recognition experts; law-enforcement officer who performs drug field tests shall be trained by Department of Forensic Science. Amending  19.2-188.1. (Patron-Crockett-Stark, HB 1087 (F))
Elected or appointed officials; limit on attorney-issued subpoenas. Amending  8.01-407. (Patron-Keam, HB 1127 (F))
Electronic communication or remote computing service; provider may verify authenticity of written reports or records that are admissible in evidence as business records. Amending 19.2-70.3. (Patron-Hurt, SB 494 (Chapter 721))
Electronic communication service; foreign corporation shall disclose a record or information pertaining to a subscriber to an investigative or law-enforcement officer. Amending 19.2-70.3. (Patron-Hurt, SB 493 (Chapter 720))
Electronic communication service providers; obtaining records by certain investigative or law-enforcement officers for investigation of certain missing persons. Amending  19.2-70.3. (Patron-Greason, HB 1252 (Chapter 582))
Emergency protective and removal orders; party shall file in circuit court, which shall hear and determine, any petition therefor. Amending  16.1-244. (Patron-Edwards, SB 436 (F))
Exhibits; relieves clerk of notifying defendant of destruction or disposal of those used as evidence at trial. Amending 19.2-270.4. (Patron-Anderson, HB 979 (Chapter 366); Stuart, SB 153 (Chapter 454))
Expert witnesses; extends application of two evidentiary statutes applicable in civil cases to criminal cases. Amending 19.2-267. (Patron-Surovell, HB 829 (F))
Expungement of criminal conviction record; allows a person to have his conviction expunged after 10 years have passed. Amending 19.2-392.2. (Patron-Morrissey, HB 183 (F))
Financial institutions; method of obtaining records concerning banking and credit cards. Amending  19.2-10.1. (Patron-Landes, HB 946 (Chapter 702))
Firearms; possession by certain persons who have had parental rights terminated. Amending  19.2-386.28; adding 18.2-308.2:02. (Patron-Scott, J.M., HB 1146 (F))
Freedom of Information Act; disclosure of criminal investigative records. Amending  2.2-3706, 2.2-3711, and 15.2-1713.1. (Patron-Edwards, SB 711 (C))
Freedom of Information Act; when petition is filed, party against whom writ is brought must be served with a copy of petition prior to filing. Amending  2.2-3713. (Patron-Miller, J.H., HB 689 (I) See HB976; Puller, SB 147 (C))
Immediate sanction probation program; established. (Patron-Bell, Robert B., HB 927 (Chapter 845))
Incarcerated defendant; waiver of payment of interest on fines and costs accrued on cases other than one for which defendant is incarcerated. Amending  19.2-353.5. (Patron-Morrissey, HB 182 (F); Marsh, SB 126 (F))
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 248 (Chapter 789))
Inmates; court or person having custody must determine whether treatment of mental illness is necessary. Amending 19.2-169.6, 19.2-174.1, 19.2-175, 19.2-178, 19.2-389, 32.1-127.1:03, 37.2-803, 37.2-804, 37.2-809, and 37.2-811; repealing  19.2-176 and 19.2-177.1. (Patron-O’Bannon, HB 311 (Chapter 406); Howell, SB 87 (Chapter 340))
Interpreters for non-English-speaking persons; compensation. Amending  19.2-164. (Patron-Janis, HB 1338 (F))
Involuntary temporary detention order; hearing to be held no less than 24 and no more than 72 hours after execution. Amending 19.2-169.6, 19.2-176, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-O’Bannon, HB 307 (C); Howell, SB 85 (C))
Jailable offense; discretion of law-enforcement officer to arrest or issue summons therefor. Amending  19.2-74. (Patron-Reynolds, SB 643 (F))
Juvenile court docket; cases of assault and battery against family or household member to be advanced and heard within 30 days of arrest. Amending  16.1-241. (Patron-McDougle, SB 177 (C))
Larceny; increases threshold amount of money or value of goods that defendant must take before crime rises from petit to grand. Amending  18.2-23, 18.2-95 through 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-Surovell, HB 828 (F); Petersen, SB 125 (F))
Law-enforcement officer; discretion of officer to arrest or issue summons to person for jailable offense. Amending  19.2-74. (Patron-Miller, J.H., HB 681 (F))
Magistrate; may not issue an arrest warrant for a felony offense upon basis of a complaint by a person other than a law-enforcement officer. Amending  19.2-71. (Patron-Ward, HB 1286 (F))
Mandatory self-identification; identifying oneself to law-enforcement officer when lawfully detained. Amending 19.2-82.1. (Patron-Garrett, HB 1049 (F))
Marijuana; decriminalizes simple possession thereof, civil penalty. Amending  18.2-248.1, 18.2-250.1, 18.2-251, 18.2-252, 18.2-255, 18.2-255.2, 18.2-258, 18.2-259.1, 18.2-265.3, 18.2-308.1:5, 19.2-386.22, and 53.1-203; repealing  18.2-255.1. (Patron-Morgan, HB 1134 (F))
Marijuana field test results; notice may be given by law-enforcement officer to defendant or, if defendant is a minor, to his parent or guardian. Amending  19.2-188.1. (Patron-Cline, HB 1352 (F))
Marijuana plants; provides seizure of more than 10 is made in connection with any drug prosecution or investigation, law-enforcement agency may retain 10 of seized plants and destroy remainder. Amending  19.2-386.24. (Patron-Reynolds, SB 444 (F))
Melendez-Diaz notice; notice of 6th Amendment rights to be given to an accused who is proceeding pro se. Amending  18.2-472.1 and 19.2-187.1. (Patron-Surovell, HB 824 (F))
Mental health courts; definition, district and circuit courts may establish in any jurisdiction or for treatment for an offender. Adding  19.2-180.1. (Patron-Edwards, SB 158 (F))
Misdemeanors; appointment of counsel, imposition of penalty of incarceration in certain cases. Amending  19.2-157 and 19.2-160. (Patron-Cleaveland, HB 1394 (F))
Misdemeanors; incarceration options, appointment of counsel or waiver of right. Amending  19.2-157 and 19.2-160. (Patron-Griffith, HB 1393 (F))
Multi-jurisdiction grand jury; impanelment. Amending  19.2-215.3. (Patron-Griffith, HB 1195 (Chapter 438))
Nolle prosequi; entered only in discretion of court. Amending 19.2-265.3. (Patron-Miller, J.H., HB 691 (F))
Petition to vacate finding of guilt of convicted person; upon discovery of new evidence. Adding  19.2-9.2. (Patron-Morrissey, HB 184 (F))
Podiatry; testifying as an expert witness, definition of practice. Amending  54.1-2900; adding  8.01-401.2:1. (Patron-Peace, HB 723 (Chapter 725); Howell, SB 82 (Chapter 715))
Police lineups; establishes a uniform procedure to be used by all law-enforcement agencies. Adding  19.2-269.3. (Patron-Alexander, HB 207 (C))
Preliminary hearing; admissibility of certificates of analysis at hearing and trial. Amending  17.1-275.5, 19.2-183, and 19.2-187.1. (Patron-Gilbert, HB 500 (Chapter 555))
Preliminary hearing; admissibility of certificates of analysis at trial. Amending  19.2-183 and 19.2-187.1. (Patron-Herring, HB 456 (F))
Preliminary hearing; district court judge may order witness testimony to be reduced to writing. Amending  19.2-185. (Patron-Toscano, HB 68 (F); McDougle, SB 176 (F))
Presentence reports; availability to counsel for convicted person. Amending  9.1-177.1 and 19.2-299. (Patron-Marshall, R.G., HB 13 (Chapter 223))
Primates; prohibits any person from acquiring after July 1, 2010, penalty. Amending  3.2-6581; adding  3.2-6584.1. (Patron-Ticer, SB 570 (F))
Protective orders; allows petitioner to obtain an extension of such order for period of no more than two years. Amending 16.1-279.1 and 19.2-152.10. (Patron-Bell, Robert B., HB 930 (Chapter 425); Howell, SB 468 (Chapter 468))
Protective orders; authorizes a judicial officer to require that a respondent be subject to GPS monitoring. Amending  16.1-253.1, 16.1-253.4, 16.1-279.1, 18.2-60.3, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 20-103. (Patron-Pogge, HB 164 (C); Armstrong, HB 656 (C))
Protective orders; clarifies that minor may petition therefor with or without consent of a parent, etc. Adding  16.1-279.2. (Patron-Oder, HB 1156 (C))
Protective orders; requires Executive Secretary of Supreme Court, on an annual basis, to consult with appropriate judicial authorities of adjacent states. (Patron-Bell, Robert B., HB 931 (Chapter 426); Howell, SB 467 (Chapter 467))
Protective orders; service of notice by law-enforcement officer. Amending  16.1-264. (Patron-Herring, HB 453 (C))
Public defenders; Indigent Defense Commission to study creation of office to serve Montgomery County. (Patron-Nutter, HJR 129 (F))
Public defenders; supplemental compensation. Amending 19.2-163.01 and 19.2-163.01:1. (Patron-McClellan, HB 1216 (Chapter 314))
Release on recognizance; accused shall be released on his own by a judicial officer only upon completion of processing. Amending 19.2-123. (Patron-Iaquinto, HB 1253 (F))
Restorative justice programs; established for offenders and victims. Adding  19.2-11.5. (Patron-Hanger, SB 679 (F))
Search warrant and affidavit, out-of-state; to be honored by State corporation or other entity when properly served. Amending 19.2-70.3. (Patron-Marshall, R.G., HB 84 (Chapter 319); Hurt, SB 492 (Chapter 473))
Servicemembers and Veterans Court Act; created, report. Adding 19.2-5.1. (Patron-Gear, HB 663 (F))
State attorneys; increase of fees in criminal cases. Amending 15.2-1627.3. (Patron-Albo, HB 1208 (F))
State attorneys; increase of fees in criminal cases. Amending 15.2-1627.3, 17.1-275.1 through 17.1-275.4, 17.1-275.7, 17.1-275.8, and 17.1-275.9. (Patron-McDougle, SB 531 (F))
Threat assessment teams; availability of certain records established by higher educational institutions relating to assessment or intervention with specific individual. Amending 2.2-3705.4, 19.2-389, 19.2-389.1, 23-9.2:10, and 32.1-127.1:03. (Patron-Bell, Robert B., HB 903 (Chapter 524); Edwards, SB 207 (Chapter 456))
Unexecuted warrants; allows state attorney to move court which warrant or summons would be returnable for dismissal of any unserved. Amending  19.2-76.1. (Patron-Reynolds, SB 72 (Chapter 652))
Veterans’ mental health courts; allows Hampton Roads to establish. Adding  19.2-5.1. (Patron-Miller, J.C., SB 592 (I) See SB158)
Victims of crime; may visit perpetrator in prison facility. Amending  19.2-11.4 and 53.1-30. (Patron-Bell, Robert B., HB 913 (Chapter 844))
Virginia Criminal Information Network (VCIN); person who has violated provisions of his post-release supervision to be entered into system. Amending  19.2-390, 53.1-149, and 53.1-162. (Patron-Landes, HB 585 (Chapter 273))
Voluntary admission; person admitted to facility for mental health treatment after issuance of temporary detention order. Amending  19.2-169.6, 19.2-176, 19.2-182.9, 37.2-805, 37.2-809, 37.2-813, 37.2-814, and 37.2-819. (Patron-Howell, SB 84 (C))
Witnesses; State attorney to designate, in felony cases, one investigative law-enforcement official who may remain in courtroom. Amending  19.2-265.1. (Patron-Hurt, SB 488 (F))
Wrongful incarceration; definition, compensation. Amending 8.01-195.10. (Patron-Alexander, HB 203 (Chapter 496))
Zoning appeals, Board of; fee for filing appeal by person aggrieved by decision, court to allow writ of certiorari to review decision of board. Amending  15.2-2311 and 15.2-2314. (Patron-Athey, HB 1063 (Chapter 241))
2010 Session 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 06/16/10