2008 Legislative Agenda

SB 315

Office of the Children's Ombudsman.

John S. Edwards

Office of the Children's Ombudsman. Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and the provision of information for children, parents, and citizens involved with child-serving agencies.

03/12/08 Senate: Signed by President

OPPOSE

HJ 160

Juvenile justice system; joint subcommittee to study efficacy and possible changes to improve.

Clarence E. Phillips

Study; juvenile justice system; report. Provides for a two-year study of the juvenile justice system and how to make it more effective at protecting society and rehabilitating juveniles.

02/05/08 House: Incorporated by Rules (HJ113-Moran) by voice vote

SB 351

Grand larceny; threshold amount.

W. Roscoe Reynolds

Grand larceny; threshold amount. Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny.

01/23/08 Senate: Passed by in Courts of Justice with letter (15-Y 0-N)

OPPOSE

SB 372

Placement of juveniles on the sex offender registry.

Richard H. Stuart

Placement of juveniles on the sex offender registry. Provides that juveniles adjudicated delinquent for an offense for which registration on the sex offender registry is required and who are 12 years of age or older at the time of the offense shall be required to register.

01/23/08 Senate: Continued to 2009 in Courts of Justice (15-Y 0-N)

SB 677

Criminal jurors; disqualifications.

Phillip P. Puckett

Criminal jurors; disqualifications. Prohibits relatives and persons with an employment relationship to the accused, any alleged victim of the accused, the attorney for the Commonwealth, and court officers and employees from serving on the accused's jury.

02/13/08 Senate: Left in Courts of Justice

HJ 113

Juvenile justice system; State Crime Commission to continue its study.

Brian J. Moran

Study; juvenile justice; Virginia State Crime Commission. Directs the Commission to continue its study of juvenile justice.

03/04/08 Senate: Agreed to by Senate by voice vote

HB 1258

Expungement of juvenile records.

Dave W. Marsden

Expungement of juvenile records. States that when a clerk destroys records pursuant to a juvenile record expungement, he shall obtain an order requiring all law-enforcement agencies, social services offices, correctional facilities, and Commonwealth attorneys' offices to destroy their records as well. Also the bill requires the CCRE to notify federal criminal justice agencies of the expungement and clarifies that a circuit court may be the court required to expunge records in certain cases.

03/03/08 House: Signed by Speaker 03/04/08 Senate: Signed by President

HB 536

Court-appointed counsel; compensation in district court for those defending juvenile offenders.

Christopher K. Peace

Compensation of court-appointed counsel; juvenile offenders. Provides that court-appointed counsel who are appointed to defend a juvenile in district court for an offense that would be a felony if committed by an adult may request a waiver on the compensation cap up to certain specified amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The maximum amounts of the waivers allowed are fixed at the level of the compensation cap for defending adults of the same crimes in circuit court.

02/12/08 House: Left in Appropriations

OPPOSE

HB 321

Juvenile correctional officer; assault or an assault and battery upon is Class 6 felony.

Christopher B. Saxman

Assault or an assault and battery upon any juvenile correctional officer. Provides that an assault or an assault and battery upon any juvenile correctional officer or other person directly involved in the care, treatment, or supervision of juveniles who are in a juvenile correctional facility, in a secure juvenile detention facility, or in a secure facility operated by or under contract with the Department of Juvenile Justice is a Class 6 felony. This bill expands the class of individuals for whom, if they are victims of an assault, there is a greater penalty for the crime.

02/12/08 House: Left in Courts of Justice

HB 606

Juvenile defendants; electronic recording of interrogations.

Albert C. Eisenberg

Recording of interrogations of juveniles. Requires that statements made by a juvenile criminal defendant accused of committing a violent juvenile felony are to be electronically recorded and that failure to record such statements shall be a factor to be considered by the court re admissibility.

02/12/08 House: Left in Courts of Justice

OPPOSE

HB 893

Juvenile detention facility employee; assault and battery against, penalty.

Matthew J. Lohr

Assault and battery of juvenile detention facility employee; penalty. Provides that any person who commits an assault or an assault and battery against a person employed in a secure juvenile detention facility who is directly involved in the control, care, treatment, or supervision of detainees confined in such a facility while that employee is engaged in the performance of his duties is guilty of a Class 6 felony with a mandatory minimum sentence of six months.

02/12/08 House: Left in Courts of Justice

HB 1207

Serious juvenile offenders.

Kenneth R. Melvin

Serious juvenile offenders. Allows a juvenile convicted as an adult and sentenced to an active term of incarceration with the Department of Juvenile Justice and followed by an active term of incarceration with the Department of Corrections to gain earned sentence credits while serving the juvenile portion of the sentence in a juvenile correctional center.

03/03/08 House: Signed by Speaker03/04/08 Senate: Signed by President

HB 1131

Children's Ombudsman, Office of; created, report.

William H. Fralin, Jr.

Office of the Children's Ombudsman. Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and the provision of information for children, parents, and citizens involved with child-serving agencies.

03/07/08 Governor: Approved by Governor-Chapter 446 (effective - see bill)

HB 559

Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.

Robert B. Bell

ECO, TDO, involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening such harm or has been proven to be so seriously mentally ill as to be unable to care for himself.

03/09/08 Senate: Signed by President

HB 1004

Advance directives; mental health directives follows same procedures as for medical.

Robert B. Bell

Advance directives; mental health. Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment.

01/29/08 House: Continued to 2009 in Health, Welfare and Institutions by voice vote

HB 1186

Incompetent defendants; dismissal of charges when charged with nonviolent misdemeanor.

Kenneth R. Melvin

Incompetent defendants; misdemeanors; dismissal of charges. Provides that if a defendant has been charged with a nonviolent misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days if his capacity has not been restored then the court shall dismiss the charges against him and decide whether he should be released, committed, or certified.

03/07/08 House: Signed by Speaker 03/09/08 Senate: Signed by President

HJ 215

Study; mental health services in local and regional jails; report.

Roslyn Tyler

Study; mental health services in local and regional jails; report. Creates a joint subcommittee to study mental health services in local and regional jails, including determining the need for mental health services in the Commonwealth's local and regional jails, identifying barriers to the provision of necessary services, and developing recommendations for actions to initiate or improve services to persons with mental illness incarcerated in the Commonwealth's local and regional jails.

02/12/08 House: Left in Rules

HB 1237

Inmates; emergency psychiatric treatment.

Dwight Clinton Jones

Mentally ill defendants; treatment and hospitalization. Establishes a new standard for hospitalizing mentally ill criminal defendants. Hospitalization may occur when the defendant has a mental illness and there exists a substantial likelihood that, as a result of that mental illness, the defendant will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing, and after sentencing. The bill specifies that the evaluation must be done face-to-face by an employee of the community services board or its designee who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

01/25/08 House: Incorporated by Courts of Justice (HB559-Bell) by voice vote

SB 18

Mental health courts; establishment of pilot program, report.

John S. Edwards

Mental health courts; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to establish by January 1, 2009, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.

02/13/08 Senate: Continued to 2009 in Finance (16-Y 0-N)

SB 47

Advance directives; mental health directives follows same procedures as for medical.

Mary Margaret Whipple

Advance directives; mental health. Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment.

01/31/08 Senate: Left in Education and Health (15-Y 0-N)

SB 380

Incompetent defendants; dismissal of charges when charged with nonviolent misdemeanor.

Stephen H. Martin

Incompetent defendants; misdemeanors; dismissal of charges. Provides that if a defendant has been charged with a nonviolent misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days if his capacity has not been restored then the court shall dismiss the charges against him and decide whether he should be released, committed, or certified.

03/05/08 Governor: Approved by Governor-Chapter 406 (effective 7/1/08)

HB 296

Death penalty; moratorium on executions.

Frank D. Hargrove, Sr.

Death penalty; moratorium on executions. Provides that the Commonwealth shall not conduct executions of prisoners sentenced to death for a period of five years. All other matters of law relating to the death penalty, such as bringing and trying capital charges, sentencing proceedings, imposition of a death sentence, appeals and habeas review are not affected by the bill.

02/12/08 House: Left in Courts of Justice

HB 299

Death penalty; abolishes for all Class 1 felonies committed on or after July 1, 2007.

Frank D. Hargrove, Sr.

Crimes; death penalty. Abolishes the death penalty for all Class 1 felonies committed on or after July 1, 2007.

02/12/08 House: Left in Courts of Justice

OPPOSE

HB 933

Triggerman rule; elimination thereof.

C. Todd Gilbert

Elimination of the triggerman rule. Eliminates the "triggerman rule," which provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can only be punished with first degree murder.

03/07/08 Senate: Senate sustained Governor's veto

OPPOSE

SB 560

Redefinition of the triggerman rule.

Mark D. Obenshain

Redefinition of the triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing.

03/07/08 Senate: Senate sustained Governor's veto

SB 369

Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.

John C. Watkins

Indigent defendants; right to ex parte hearing for appointment of experts in capital cases. Provides that an indigent defendant who has been charged with a capital offense may move for the appointment of experts to assist in the preparation of his defense. The court shall hold an ex parte hearing on such a motion and may order the appointment of an expert. The expert's work product is protected by attorney-client privilege; however, the defendant shall comply with the discovery rules set forth in the Rules of the Supreme Court.

02/29/08 House: Continued to 2009 in Courts of Justice by voice vote

OPPOSE

SB 175

Sex offenders; prohibiting proximity to children.

Harry B. Blevins

Sex offenders; proximity to children; penalties. Prohibits sex offenders from entering school and child day center property and from loitering near or entering community centers, public parks, and recreation centers. The bill also makes the prohibitions apply to persons with out-of-state convictions.

02/13/08 Senate: Left in Courts of Justice

OPPOSE

HB 705

Children; person convicted of sexual offenses prohibited near recreation centers, etc.

Mamye E. BaCote

Sex offenses prohibiting proximity to children; penalty. Adds publicly operated recreation centers and community center facilities serving children to those places where a person convicted of certain sexual offenses defined as "sex offenses prohibiting proximity to children" is prohibited from loitering within 100 feet of.

01/28/08 House: Incorporated by Courts of Justice (HB223-Cosgrove) by voice vote

OPPOSE

HB 567

Sexual offenses; those convicted prohibited entry onto school property.

Anne B. Crockett-Stark

Sex offenses prohibiting entry onto school property; penalty. Provides that every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property. Currently, the prohibition only applies during school hours.

03/08/08 Senate: Conference report agreed to by Senate (40-Y 0-N)

OPPOSE

HB 223

Sex offenders; prohibiting proximity to children.

John A. Cosgrove

Offenses prohibiting proximity to children. Provides that an adult other than an adult dropping off or picking up his child, who is convicted of an offense prohibiting proximity to children, shall be forever prohibited from entering upon or loitering within 100 feet of the premises of a public recreation center or community center.

03/12/08 Governor: Approved by Governor-Chapter 579 (effective 7/1/08)

SJ 31

Parole; Department of Corrections to study use of risk assessment tool in determinations.

Linda T. Puller

Study; uniform risk assessment tool for parole determinations; report. Requests that the Department of Corrections study the fiscal and administrative impacts of implementing a uniform risk assessment tool for parole determinations.

03/03/08 House: Left in Rules

SB 611

Detention Center Incarceration Program.

Kenneth W. Stolle

Detention Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to have the defendant's suitability to participate in the Detention Center Incarceration Program determined.

03/12/08 House: Signed by Speaker 03/12/08 Senate: Signed by President

HB 682

Detention Center Incarceration Program; probation & parole officer to place certain defendant w/in.

Paula J. Miller

Detention Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to have the defendant's suitability to participate in the Detention Center Incarceration Program determined.

02/27/08 House: Signed by Speaker 02/28/08 Senate: Signed by President

HB 703

Comprehensive Parole Reduction Act; Parole Board to adopt an analytical scale to assess risk.

Mamye E. BaCote

Comprehensive Parole Reduction Act. Requires the Parole Board to adopt an analytical scale to assess risk and establishes a Parole Guidelines Review Panel. The bill also provides that, with some exceptions, once a person is considered eligible for parole the Parole Board shall not use the nature of the offense in determining that person's eligibility or suitability for release on parole and no person shall be denied parole based solely on the nature of the offense after the fifth year of becoming eligible.

02/01/08 House: Stricken at request of Patron in Militia, Police and Public Safety by voice vote

HB 1205

Diversion Center Incarceration Program.

Kenneth R. Melvin

Diversion Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probation violation guidelines with the Department of Corrections to determine suitability to participate in the Diversion Center Incarceration Program.

03/05/08 Governor: Approved by Governor-Chapter 384 (effective 7/1/08)

SB 295

Parole interviews; allows videoconferencing.

Linda T. Puller

Parole interviews; allow videoconferencing. Provides that parole interviews may be conducted in person or by videoconferencing, by the voting members of the Parole Board, provided that interviews are recorded in full via electronic means that can be reviewed by the voting members.

03/03/08 House: Left in Militia, Police and Public Safety

OPPOSE

HB 1366

Probation; waiver of Fourth Amendment rights as condition of probation.

Benjamin L. Cline

Probation; waiver of Fourth Amendment rights as condition of probation. Provides that among the conditions the court may impose upon a probationer is that the person, vehicle or home of the defendant shall be subject to search without a warrant during the period of his probation when the search derives from a violation of other conditions imposed upon the defendant by the court or arises out of a suspicion that the defendant is engaged in conduct the same as that or substantially similar to that for which he was convicted, provided that such condition may be imposed only upon a defendant convicted of a felony violation under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (controlled substance violations) or a violent felony as defined in § 17.1-805.

02/08/08 House: VOTE: --- DEFEATED (49-Y 50-N)

SB 28

Child-friendly visiting rooms; state correctional facilities may provide.

Yvonne B. Miller

Child-friendly visiting rooms in state correctional facilities. Requires each state correctional facility to provide child-friendly visiting rooms to promote positive bonds between incarcerated parents and their children. This bill requires the Department of Corrections to promulgate regulations governing the use of these visiting rooms that do not penalize inmates with sanctions, such as termination of a visit, due to normal child behavior.

03/03/08 House: Left in Militia, Police and Public Safety

HB 1407

Restricted driver's license; issuance to operate motor vehicle during period of suspension

Rosalyn R. Dance

Suspended license; unpaid fines. Authorizes the issuance of a restricted permit to operate a motor vehicle during a period of suspension for unpaid fines and costs.

03/07/08 House: Signed by Speaker 03/09/08 Senate: Signed by President

SB 88

Marijuana; expungement of charges.

L. Louise Lucas

Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.

02/06/08 Senate: Failed to report (defeated) in Courts of Justice (5-Y 6-N)

SB 138

Prisoners; medical and psychiatric benefits.

Linda T. Puller

Medical and psychiatric benefits for prisoners. Requires the Department of Corrections to take reasonable steps to identify any benefits, including any Social Security or Veterans Administration benefits, for which a prisoner may be eligible and take such steps as may be necessary to ensure that benefits are available to the prisoner at the time of release.

01/25/08 Senate: Continued to 2009 in Rehabilitation and Social Services (15-Y 0-N)

SB 296

TANF; eligibility for food stamps when convicted of drug-related felonies.

Linda T. Puller

Eligibility for TANF and food stamps; drug-related felonies. Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and comply with criminal court orders and treatment programs, as permitted by federal law.

03/03/08 House: Left in Health, Welfare and Institutions

SB 200

Reentry planning; Department of Corrections to develop & implement comprehensive plan.

Linda T. Puller

Reentry planning. Requires the Department of Corrections to develop and implement a comprehensive reentry plan for each person committed to the supervision of the Department, at the time of commitment.

03/05/08 Governor: Approved by Governor-Chapter 402 (effective 7/1/08)

HB 1374

Restricted permit issuance for license suspension for nonpayment of fines and costs.

Joseph D. Morrissey

Restricted permit issuance for license suspension for nonpayment of fines and costs. Provides for the issuance of a restricted permit to a person whose operator's license is suspended for failure to pay fines and costs. Currently, the person may retain his full driving privilege when he maintains payments in accordance with his deferred or installment payment plan. This bill allows the restricted permit to be issued when the person cannot enter into a payment plan or for other good cause shown.

02/08/08 House: Incorporated by Courts of Justice (HB1407-Dance) by voice vote

HB 1290

Restorative justice programs.

Clifford L. Athey, Jr.

Restorative justice programs. Provides that courts may order offenders to be assessed for their suitability to enter a restorative justice program and, if found suitable, the offender may enter such a program. Restorative justice programs are intended to facilitate meetings or dialogues between victims of crime and the offenders, as well as other individuals and community members if appropriate, with the goal of addressing the needs of the victim and the community through agreements with the offenders addressing issues such as reparation, restitution, and community service.

02/12/08 House: Left in Courts of Justice

HB 651

Reentry programs; Department of Corrections to develop and implement comprehensive plan.

Thomas C. Wright, Jr.

Reentry planning. Requires the Department of Corrections to develop and implement a comprehensive reentry plan for each person committed to the supervision of the Department, as soon as practicable, considering the prisoner's anticipated release date.

03/03/08 Governor: Approved by Governor-Chapter 177 (effective 7/1/08)

HB 515

Incarceration; waiving interest during period thereof.

Rosalyn R. Dance

Waiving interest during period of incarceration. Authorizes the court to waive interest on fines and costs accruing during any period that the defendant was incarcerated prior to July 1, 2008.

02/12/08 House: Left in Courts of Justice

HB 700

Child support; responsibility of incarcerated obligor.

Mamye E. BaCote

Child support; incarcerated obligor. Provides that a court shall recalculate the child support obligation of an obligor who is incarcerated during the support period, the recalculation being retroactive to the date of incarceration. This bill also provides that prisoners and minor obligors are exempt from various fees and costs that may be collected by the Department of Social Services in enforcing support obligations. This bill further provides that reductions in the child support arrearages owed by prisoners and minor obligors should be granted for timely payments of support. Preference for placement in work programs will be given to otherwise qualified prisoners who have child support obligations.

01/28/08 House: Continued to 2009 in Courts of Justice by voice vote

HB 704

Residential community programs; Department of Corrections give nonviolent prisoners opportunity.

Mamye E. BaCote

Residential community programs. Directs the Department of Corrections, where appropriate and resources are available, to give nonviolent prisoners who have not been convicted of specific offenses or sentenced to one or more life terms the opportunity to participate in a residential community program, work release, or a community-based program. Current law requires that the prisoner not be convicted of any violent crime and be sentenced to at least three years. The bill restricts the cost of keep to no more than 30 percent of the prisoner's gross earnings, and directs the Department to prescribe guidelines for the program that emphasize training and education related to job skills, literacy, money management, and other life skills.

02/12/08 House: Left in Militia, Police and Public Safety

HB 906

Prisoners; earned sentence credits.

Dwight Clinton Jones

Prisoners; earned sentence credits. Allows a maximum of seven and one-half sentence credits, as opposed to the current four and one-half, for each 30 days served.

02/12/08 House: Left in Militia, Police and Public Safety

HB 718

Courts; authority to order payment of fine, costs, forfeitures, penalties, or alternatives.

William R. Janis

Authority of court to order payment of fine, costs, forfeitures, penalties, or alternatives. Provides that a court may establish a program to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work before or after imprisonment. Currently the court is required to establish such a program.

02/08/08 House: Stricken from docket by Courts of Justice by voice vote

SB 309

Restricted driver's license; issuance to operate motor vehicle during period of suspension

W. Roscoe Reynolds

Suspended license; unpaid fines. Authorizes the issuance of a restricted permit to operate a motor vehicle during a period of suspension for unpaid fines and costs.

03/03/08 House: Left in Appropriations

SB 310

Restricted driver's licenses; court to provide during period of suspension.

W. Roscoe Reynolds

Restricted driver’s licenses. Authorizes a court to provide a restricted permit to operate a motor vehicle during the period of suspension of a permit to operate a motor vehicle.

02/29/08 House: Continued to 2009 in Courts of Justice by voice vote

SJ 90

Restorative justice; Crime Commission to study.

Thomas K. Norment, Jr.

Study; restorative justice; report. Directs the Virginia State Crime Commission to study restorative justice and specifically, victim-offender reconciliation programs.

03/03/08 House: Left in Rules

SJ 7

Constitutional amendment; restoration of civil rights for certain felons (first reference).

Yvonne B. Miller

Constitutional amendment (first resolution); restoration of civil rights. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law.

01/15/08 Senate: Continued to 2009 in Privileges and Elections (15-Y 0-N)

SB 642

Eligibility for TANF and food stamps; drug-related felonies.

Patricia S. Ticer

Eligibility for TANF and food stamps; drug-related felonies. Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and comply with criminal court orders and treatment programs, as permitted by federal law.

02/01/08 Senate: Incorporated by Rehabilitation and Social Services (SB296-Puller) (14-Y 0-N)

SB 628

Waiving interest during period of incarceration.

Patricia S. Ticer

Waiving interest during period of incarceration. Authorizes the court to waive interest on fines and costs accruing during any period that the defendant was incarcerated prior to July 1, 2008.

03/03/08 House: Left in Courts of Justice

SB 451

Diversion Center Incarceration Program; placement of defendant with Department of Corrections.

J. Chapman Petersen

Diversion Center Incarceration Program. Allows a probation and parole officer to place a defendant who scores Incarceration on the probati violation guidelines with the Department of Corrections to determine suitability to participate in the Diversion Center Incarceration Program.

03/12/08 House: Signed by Speaker 03/12/08 Senate: Signed by President

SB 629

Child support; exemptions from presumptive minimum monthly obligation.

Patricia S. Ticer

Child support; exemptions from presumptive minimum monthly obligation. Provides that a period of incarceration in a state or local correctional facility shall not constitute voluntary unemployment or bad faith for the purpose of calculating child support. This bill also creates an exemption from the minimum monthly child support payment for obligors who lack sufficient assets from which to pay child support and who are incarcerated in a state or local correctional facility.

02/29/08 House: Stricken from docket by Courts of Justice by voice vote

SB 630

Child support; accrual of interest on debts due.

Patricia S. Ticer

Child support; accrual of interest on debts due. Provides that interest shall not accrue on child support debts due where an obligor is incarcerated in a state facility, during the period of incarceration.

02/04/08 Senate: Failed to report (defeated) in Courts of Justice (2-Y 11-N 2-A)

SB 633

Prisoners; notification of child support due.

Patricia S. Ticer

Prisoners; notification of child support due. Requires the Department of Corrections, working in cooperation with the Division of Child Support Enforcement, to identify prisoners of whom child support payments are required pursuant to a court order and to determine (i) the amount of child support required of the prisoner pursuant to the order and (ii) the total amount of child support arrearages, including interest, owed by a prisoner upon intake, at regular intervals but at least annually thereafter, and no more than 30 days prior to discharge. This bill also requires the Department to provide notice to each prisoner of whom child support payments are required of their right to seek a modification of an order pursuant to which they may be obligated to pay child support. Such notice shall be provided at the time of intake and shall include information regarding the requirements and process for seeking a modification.

03/12/08 House: Signed by Speaker 03/12/08 Senate: Signed by President

HB 315

Marijuana; expungement of charges.

Harvey B. Morgan

Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.

01/21/08 House: Continued to 2009 in Courts of Justice by voice vote