CRIMINAL PROCEDURE Patron names are linked to a list of legislation sponsored by the member

Bill numbers are linked to the summary of the bill

CRIMINAL PROCEDURE

See also: Crimes and Offenses Generally

Alcohol and substance abuse; screening and assessment. Amending § 19.2-299.2. (Patron-Rhodes, HB 2194)

Alcoholic beverages; criminal history records check on each applicant for a license, fee. Amending § 4.1-230. (Patron-Cantor, HB 1631)

Arrest; issuance of process for capital murder. Amending § 19.2-71. (Patron-Norment, SB 903)

Arrest; issuance of warrant on Department of Corrections inmate. Amending § 19.2-76. (Patron-Jones, J.C., HB 1433)

Arrest; issuance of warrant to school employees and for a misdemeanor involving sexual assault, obscenity, drugs or moral turpitude. Amending § 19.2-71. (Patron-McEachin, HB 2361; Marsh, SB 1232)

Arrest record; expungement eligibility. Amending §§ 19.2-392.1 and 19.2-392.2. (Patron-Albo, HB 2129)

Assault and battery; emergency protective orders against family or household member. Amending §§ 16.1-253.4, 18.2-57.2 and 19.2-81.3. (Patron-Stolle, SB 1069)

Assault and battery; penalty when committed on a family or household member, regardless of place of abode. Amending §§ 16.1-228, 16.1-241, 18.2-57.2 and 19.2-81.3. (Patron-McDonnell, HB 1801; Gartlan, SB 848)

Assault and battery; persons charged with first offense on a family member may be placed on probation. Amending § 19.2-151; adding § 18.2-57.3. (Patron-McDonnell, HB 2562; Stolle, SB 1166)

Background Investigations and Security Clearances on Employees and Contractors, Effectiveness of Privatizing; Report of Department of Personnel and Training (Item 58B, Chapter 464, 1998 Acts). (HD 37)

Bail; accused may be restricted from contact with household members prior to release. Amending § 19.2-123. (Patron-Johnson, HB 1884)

Bail; changes in procedures, findings. Amending §§ 8.01-508, 16.1-135, 19.2-119, 19.2-120, 19.2-121, 19.2-123, 19.2-124, 19.2-125, 19.2-127, 19.2-132, 19.2-150, 19.2-152.2, 19.2-152.3, 19.2-152.4, 19.2-158, 19.2-186, 19.2-398, 19.2-406, 46.2-936 and 53.1-109; adding § 19.2-80.2; repealing § 19.2-126. (Patron-Almand, HB 1693)

Bail; changes in procedures, findings. Amending §§ 8.01-508, 16.1-135, 19.2-119, 19.2-124 through 19.2-127, 19.2-150, 19.2-152.2, 19.2-152.3, 19.2-152.4, 19.2-186, 46.2-936 and 53.1-109; adding §§ 19.2-120.1 through 19.2-120.10; repealing §§ 19.2-120, 19.2-121 and 19.2-123. (Patron-Norment, SB 545)

Bail; release of accused on unsecured bond or promise to appear. Amending §§ 19.2-123 and 19.2-143. (Patron-Jones, J.C., HB 839)

Bail; release of person after conviction for a violent felony. Amending §§ 19.2-128 and 19.2-319. (Patron-Deeds, HB 86; Hanger, SB 202)

Batterer Intervention Program; created. Amending §§ 53.1-182.1 and 53.1-183; adding §§ 9-173.21 through 9-173.27. (Patron-Woodrum, HB 621)

Bounty hunters; rights to arrest bail jumper. Amending § 19.2-149. (Patron-Scott, HB 151; Guest, HB 541)

Capital cases; bill of review. Adding § 19.2-264.6. (Patron-Plum, HB 606; Almand, HB 933; Almand, HB 2298)

Capital murder; includes killing of a witness for purpose of preventing from testifying. Amending § 18.2-31. (Patron-Colgan, SB 90)

Central Criminal Records Exchange; reports thereto to contain citation to section of Code under which person was arrested or convicted. Amending § 19.2-390. (Patron-Quayle, SB 989)

Certificates of analysis; admission into evidence of certain. Amending § 19.2-187. (Patron-Albo, HB 1468)

Certificates of analysis; admission into evidence of those performed in a laboratory approved by U.S. Department of Health and Human Services' National Laboratory Certification Program. Amending §§ 19.2-187 and 19.2-187.01. (Patron-Murphy, HB 1453)

Certificates of analysis; clerk of court to provide blood tests to counsel for accused in DUI prosecutions. Amending § 19.2-187. (Patron-Landes, HB 1575)

Child abuse; payment of medical fees in gathering evidence in such cases. Amending § 19.2-165.1. (Patron-Gartlan, SB 1159)

Concealed weapons; applicants for permits to be charged for fingerprint examination and criminal history records check. Amending § 18.2-308. (Patron-Crittenden, HB 1266)

Convictions in nonfelonious cases; reopening. Amending § 16.1-133.1. (Patron-Reynolds, SB 366)

Correctional officers; training on use of pepper spray. Amending § 9-170. (Patron-Deeds, HB 2260)

Court fines, fees, costs, etc.; responsibility for collection by Department of Taxation for those delinquent, attorney for the Commonwealth may institute proceedings. Amending § 19.2-349. (Patron-Reynolds, SB 970)

Court fines, fees, costs, etc.; responsibility for collection of those unpaid transferred from attorneys for the Commonwealth to Department of Taxation. Amending § 19.2-349. (Patron-Reynolds, SB 296)

Court-appointed counsel; compensation. Amending §§ 16.1-267 and 19.2-163. (Patron-Almand, HB 1660)

Court-appointed counsel; compensation. Amending § 19.2-163. (Patron-Spruill, HB 1908)

Crime Stoppers Trust Fund; created, fees assessed on criminal cases. Amending §§ 16.1-69.48:1 and 17.1-275; adding § 17.1-279.1. (Patron-O'Brien, HB 2667)

Criminal cases; jurisdiction of general district and circuit courts in felony matters. Amending §§ 16.1-241, 16.1-244 and 16.1-269.6. (Patron-Baker, HB 2602)

Criminal cases; uniform scheduling requirements. Amending §§ 19.2-240 and 19.2-241. (Patron-Joannou, HB 1039)

Criminal cases; use of law-enforcement officer in trial, whether a witness or not. Amending § 19.2-265.1. (Patron-Dudley, HB 2623)

Criminal cases; use of law-enforcement officer in trial who is not a witness. Amending § 19.2-265.1. (Patron-Hawkins, SB 916)

Criminal history records check; applicable for community services boards or behavioral health authorities. Amending §§ 19.2-389, 37.1-20.3 and 37.1-197.2; adding § 37.1-20.4. (Patron-Christian, HB 1293)

Criminal history records check; applicable for employees or volunteers in child care positions. Adding § 19.2-392.02. (Patron-Crittenden, HB 1271; Crittenden, HB 2554)

Criminal history records check; applicable for volunteers in public schools. Amending § 19.2-389; adding § 22.1-296.2:1. (Patron-Lambert, SB 511)

Criminal history records check; applicable to private school employees. Amending § 22.1-296.3. (Patron-McDonnell, HB 2198)

Criminal history records check; applicable to school systems in Lancaster, Mecklenburg and York Counties, and Manassas Park City. Amending § 22.1-296.2. (Patron-Murphy, HB 1451)

Criminal history records check; applicable to unlicensed child welfare agencies. Adding § 63.1-198.5. (Patron-Rollison, HB 1992)

Criminal history records information; access. Amending §§ 9-188, 9-189, 9-192, 18.2-308, 19.2-389 and 22.1-296.3; repealing § 54.1-3925.2. (Patron-O'Brien, HB 1185)

Criminal history records information; access, including via Internet. Amending §§ 9-188, 9-189, 9-192, 18.2-308, 19.2-389 and 22.1-296.3; repealing § 54.1-3925.2. (Patron-O'Brien, HB 2682)

Criminal history records information; dissemination to certain agencies licensed by Department of Mental Health, Mental Retardation and Substance Abuse Services. Amending §§ 19.2-389, 37.1-20.3 and 37.1-197.2; adding § 37.1-183.3. (Patron-Christian, HB 2572)

Criminal history records information; dissemination to volunteers with Prevent Child Abuse, Virginia. Amending § 19.2-389. (Patron-Byron, HB 2315)

Criminal history records information; to be publicly available by means of Internet. Amending §§ 19.2-388, 19.2-389 and 19.2-389.1. (Patron-Stolle, SB 1170)

Criminal Information Network; connection fees. Amending § 52-14. (Patron-Hawkins, SB 917)

Criminal Injuries Compensation Fund; defense by Attorney General. Adding § 19.2-368.18:1. (Patron-Kilgore, HB 2626)

Criminal justice academy membership, regional; Joint Legislative Audit and Review Commission, et al., to study methods of standardizing. (Patron-Holland, SJR 411)

Criminal Justice Information Technology Institute; expressing sense of General Assembly to support development thereof. (Patron-Plum, HJR 594)

Criminal Justice Services Board; membership. Amending § 9-168. (Patron-Watts, HB 617; Stolle, SB 703)

Criminal Justice Services, Department of; definition of business advertising material and electronic security equipment as used therein. Amending § 9-183.1. (Patron-Keating, HB 1995)

Criminal justice training academies, regional; funds and expenditures. Amending § 9-178.2. (Patron-Woodrum, HB 2252)

Criminal Justice Training Academies, Review of Regional; Report of Joint Legislative Audit and Review Commission (HJR 285, 1998). (HD 28)

Criminal Sentencing Commission; technical amendments. Amending §§ 19.2-298.01, 19.2-368.2 and 30-19.1:5. (Patron-Gartlan, SB 927)

DNA evidence; independent examination. Adding § 9-196.13. (Patron-Howell, SB 380)

Driver training facility, comprehensive; Department of Criminal Justice Services, et al., to study costs, financing, facility management and potential state and local agency utilization thereof. (Patron-Holland, SJR 412)

Drug and alcohol use by youths; Department of Criminal Justice Services to appoint a task force to determine best approach to survey efforts thereof. (Patron-May, HJR 256)

Drug court programs; Department of Criminal Justice Services, et al., to study structural, funding and service guidelines therefor. (Patron-Stolle, SJR 399)

Early intervention programs, targeted; Crime Commission to study crime prevention strategies that involve. (Patron-Stolle, SJR 391)

Embezzlement; applicable to employers who withhold for child support and fail to make required payment. Adding § 18.2-111.2. (Patron-Armstrong, HB 2254)

Extradition; costs. Amending § 19.2-112. (Patron-Hull, HB 2373)

Extradition; waiver from foreign jurisdiction. Amending § 19.2-114. (Patron-Hull, HB 2374)

Fees; fixed felony and revocation fees for various funds. Amending §§ 15.2-1627.3, 17.1-275, 17.1-281, 19.2-165, 19.2-354, 53.1-131.1 and 53.1-150; adding §§ 17.1-275.1 through 17.1-275.5. (Patron-Norment, SB 444)

Felons; discretional commitment of convicted persons to Department of Corrections. Amending §§ 53.1-20, 53.1-20.1 and 53.1-21. (Patron-Stolle, SB 906)

Felony; sentencing after conviction thereof. Amending § 19.2-295.1. (Patron-Jones, J.C., HB 1656)

Felony cases; scheduling of initial trial date beyond time required by statute does not violate right to speedy trial if agreed upon by parties. Amending § 19.2-243. (Patron-Drake, HB 2700)

Fines and costs; money judgments to be executed in court in which judgment rendered. Amending §§ 16.1-69.40 and 19.2-340. (Patron-Grayson, HB 1024)

Fingerprinting; required of school board employees in York County. Amending § 22.1-296.2. (Patron-Morgan, HB 1950)

Fingerprinting; those required in business, commercial or financial transactions to be returned to provider or destroyed. Adding § 59.1-480. (Patron-Hull, HB 507)

Firearms; penalty for unlawful possession, including on school property, bail, procedures, etc. Amending §§ 8.01-508, 16.1-135, 18.2-308.1, 18.2-308.2, 18.2-308.4, 19.2-119, 19.2-120, 19.2-121, 19.2-123, 19.2-124, 19.2-125, 19.2-127, 19.2-132, 19.2-150, 19.2-152.2, 19.2-152.3, 19.2-152.4, 19.2-158, 19.2-186, 19.2-398, 19.2-406, 46.2-936 and 53.1-109; adding § 19.2-80.2; repealing § 19.2-126. (Patron-Baker, HB 1691; Norment, SB 820)

Firearms; warrantless arrest for brandishing. Amending § 19.2-81. (Patron-Schrock, SB 314)

Forensics evidence testing; Department of Criminal Justice Services to regulate. Amending § 9-170. (Patron-Albo, HB 1849)

Gangs; Department of Criminal Justice Services to conduct a survey on youth activity therein. (Patron-Almand, HJR 539)

"Hot spot" communities; Crime Commission to study. (Patron-Diamonstein, HJR 503)

Impeachment; incorporated in law of State. Amending § 1-10. (Patron-O'Brien, HB 2661)

Indigent incarcerated felons; appointment of guardian ad litem for those who are sued by a crime victim, payment of expenses. Amending § 8.01-9. (Patron-Mims, SB 996)

Insanity, acquittal by reason of; violation of conditional release order shall constitute contempt of court. Amending § 19.2-182.7. (Patron-Armstrong, HB 2366; Reynolds, SB 976)

Interpreters for non-English-speaking defendants; payment of court costs. Amending § 19.2-164. (Patron-Weatherholtz, HB 2051)

Jurors; random selection. Amending § 8.01-357. (Patron-Gartlan, SB 187)

Juvenile courts; clerks to issue writs for execution of judgments for fines or costs. Amending § 16.1-69.40. (Patron-Norment, SB 450)

Law-enforcement curriculum, basic; Department of Criminal Justice Services to evaluate costs of distance learning and computerized approaches to teaching. (Patron-Holland, SJR 410)

Magistrate system; commemorating its 25th anniversary. (Patron-Day, HJR 782; Reynolds, SJR 374)

Magistrates; may be a spouse of a law-enforcement officer. Amending § 19.2-37. (Patron-Jones, J.C., HB 529; Stump, HB 2045)

Magistrates; residency requirements. Amending § 19.2-37. (Patron-Davies, HB 701)

Megan's Law; Report of Crime Commission (SJR 68, 1998). (SD 29)

Misdemeanor appeals; sentencing. Amending § 19.2-295.1. (Patron-Armstrong, HB 2435; Reynolds, SB 978)

Nurse aide programs, certified; career schools to notify students of applicable law requiring a criminal history records check for employment. Amending §§ 32.1-126.01, 32.1-162.9:1, 54.1-3005 and 63.1-173.2; adding §§ 22.1-326.1 and 54.1-3006.2. (Patron-Maxwell, SB 1129)

Preliminary hearing; eliminates right thereto when defendant already indicted on same charge. Amending § 19.2-183. (Patron-Drake, HB 2704)

Presentence investigations and reports; court may decide if necessary. Amending §§ 18.2-251.01, 19.2-299 and 19.2-299.2. (Patron-Reynolds, SB 969)

Presentence investigations and reports; not required following a guilty plea to a misdemeanor charge. Amending § 19.2-299. (Patron-Baker, HB 2082)

Presentence investigations and reports; not required where supervised probation is anticipated. Amending § 19.2-299. (Patron-Robinson, HB 1538)

Presentence investigations and reports; required only after finding of guilty. Amending § 19.2-299. (Patron-Melvin, HB 1446; Quayle, SB 988)

Probation and suspension of sentence; revocation. Amending § 19.2-306. (Patron-Robinson, HB 2115; Robinson, HB 2175)

Public assistance; Department of Social Services to establish a finger imaging program to combat fraud. Adding § 63.1-124.4. (Patron-Barry, SB 459)

Public defenders; assistants may not engage in public practice. Amending § 19.2-163.2. (Patron-Robinson, HB 2762)

Residential Property Disclosure Act; disclosure of information on sexual offenders. Amending § 55-519. (Patron-Howell, SB 536)

Runaway juveniles; State Police to study accuracy of local arrest reports thereon. (Patron-Miller, Y.B., SJR 378)

School Resource Officer Grants Program and Fund; created to provide law-enforcement officers in schools to prevent truancy and violence. Amending § 9-6.23; adding § 9-171.1. (Patron-Hamilton, HB 1445)

Sentencing guidelines, discretionary; abolishes preparation by attorneys for the Commonwealth. Amending § 19.2-298.01. (Patron-Stolle, SB 905)

Sex offender registration; changes in provisions. Amending §§ 18.2-472.1, 19.2-298.1, 19.2-298.4, 19.2-390.2 and 53.1-1. (Patron-Howell, SB 760)

Sex offender registration; includes when offense involves use of interstate commerce. Amending § 19.2-298.1. (Patron-Ticer, SB 874)

Sex offender registration; parolee or probationer notification of change of residence. Amending § 19.2-298.1. (Patron-McQuigg, HB 1867)

Sex offenders; DNA testing if HIV testing or sex offender registration is required. Amending §§ 18.2-62 and 19.2-310.2. (Patron-O'Brien, HB 2678)

Sex offenders; DNA testing if HIV testing or sex offender registration is required. Amending §§ 18.2-62 and 19.2-310.2; repealing § 18.2-346.1. (Patron-O'Brien, HB 1199)

Sex offenders; Judicial Conference to include in its training offender recidivism and need for adequate post-incarceration supervision. (Patron-Woodrum, HJR 540)

Sexual Offenders, Violent, Civil Commitment of; Report of Crime Commission (SJR 69, 1998). (SD 30)

Sexual offenses; Criminal Sentencing Commission to develop a risk assessment instrument for utilization in sentencing guidelines therefor. (Patron-Howell, SJR 333)

Sexually Deviant Disorders, Center for Assessment and Treatment of; Department of Mental Health, Mental Retardation and Substance Abuse Services, et al., to study development thereof, appropriation. (Patron-Howell, SJR 334)

Sexually violent predators; civil commitment. Amending §§ 19.2-169.3, 19.2-174.1 and 37.1-134.21; adding §§ 37.1-70.1 through 37.1-70.19. (Patron-Griffith, HB 1775; Forbes, SB 845)

Sexually violent predators; civil commitment. Amending § 19.2-169.3; adding §§ 37.1-70.1 through 37.1-70.16. (Patron-Griffith, HB 128; Forbes, SB 171)

Sexually violent predators; Crime Commission to continue study on civil commitment thereof. (Patron-Howell, SJR 332)

Stalking; protective orders may prevent communication of any kind. Amending §§ 19.2-152.8, 19.2-152.9 and 19.2-152.10. (Patron-Watts, HB 1874)

Strip searches; guidelines for student searches, Board of Education to report on implementation thereof. Amending § 22.1-277.01:2. (Patron-Hull, HB 1489)

Strip searches; prohibited in schools. Adding § 22.1-277.1:01. (Patron-Hull, HB 508)

Substance abuse screening of certain offenders; provisions. Amending §§ 16.1-273, 18.2-251.01, 19.2-299 and 19.2-299.2; adding § 2.1-51.18:3. (Patron-Almand, HB 2159; Stolle, SB 1077)

Traffic cases; discharge and dismissal. Adding § 19.2-8.1. (Patron-Gartlan, SB 711)

Victim Notification Systems; Report of Crime Commission (HJR 158, 1998). (HD 59)

Victims of crime; civil action against owner or operator of a business. Adding § 8.01-44.6. (Patron-Gartlan, SB 1086)

Victims of crime; right to participate in plea agreements. Amending § 19.2-11.01. (Patron-McEachin, HB 573)

Victims of crime; rights concerning hearings of accused. Amending § 19.2-11.01. (Patron-McQuigg, HB 1868)

Victims of crime; rights, trial attendance. Amending § 19.2-265.01. (Patron-McDonnell, HB 624)

Victims of crime; to be provided with a list of rights. Amending § 19.2-11.01. (Patron-Howell, SB 1011)

Victims of crime; use of testimony at trial. Amending §§ 19.2-11.01 and 19.2-265.01. (Patron-Gartlan, SB 370)

Volunteer and Contract Service Providers, Criminal History Record Checks for; Report of Crime Commission (HJR 534, 1997). (HD 64)

Witnesses; subpoenas issued by attorneys. Amending §§ 8.01-407, 8.01-413, 16.1-89, 16.1-265 and 32.1-127.1:03. (Patron-Mims, SB 412)

Workers' Compensation Commission; service of subpoenas thereof by persons 18 or older. Amending § 65.2-202. (Patron-Moran, HB 2037)

Writs of possession in unlawful entry and detainer; when returnable. Amending § 8.01-471. (Patron-McDonnell, HB 2552)

1999 Cumulative Index of Bills, Joint Resolutions, Resolutions and Documents - For additional information, please contact Legislative Information, State Capitol, Richmond, Virginia 23219. Telephone (804) 698-1500. Last Modified on June 10, 1999 at 03:26PM Eastern Daylight Time

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