Virginia Code | Chapter 19

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VASB5033PassCourt authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Requires a court to grant a motion to dismiss made by the Commonwealth, whether with or without prejudice, and with the consent of the defendant unless the cou...
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2020-10-21
first day of the fourth month following the month adjournment sine die of this special session)
VAHB5062PassCourt authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Requires a court to grant a motion to dismiss made by the Commonwealth, whether with or without prejudice, and with the consent of the defendant unless the cou...
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2020-10-21
first day of the fourth month following the month adjournment sine die of this special session)
VASB5030EnrollPolicing reform. Adds law-enforcement officers to those persons who are guilty of a Class 6 felony if they are in a position of authority over and carnally know without force, threat, or intimidation a person detained or arrested by a law-enforcement...
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2020-10-21
Governor: Governor's Action Deadline 11:59 p.m., October 28, 2020
VAHB5099EnrollSearch warrants; provide notice of authority. Prohibits any law-enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant. The bill provides that, for all authorized search warrants, the law-enforceme...
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2020-10-21
Governor: Governor's Action Deadline 11:59 p.m., October 28, 2020
VASB5007EngrossCriminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provid...
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2020-10-16
VOTE: Agreed To (55-Y 43-N)
VAHB5146EngrossAutomatic expungement of criminal records. Establishes a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, acquittals, and for offenses that have been nolle prossed or otherwise dismissed. The b...
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2020-10-07
Senators: Deeds, Lucas, Norment
VASB5043EngrossExpungement of police and court records; Expungement Fee Fund created. Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also a...
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2020-10-07
Delegates: Herring, Mullin, Campbell, J.L.
VASB5002IntroLaw-enforcement officers; prohibition on the use of neck restraints. Prohibits the use of neck restraints by law-enforcement officers. The bill defines "neck restraint" as the use of any body part or object to attempt to control or disable a person b...
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2020-09-03
Incorporated by Finance and Appropriations
VAHB5147IntroPersonal appearance by two-way electronic video and audio communication; at or after trial before a judge; emergency. Allows a personal appearance required or permitted at or after trial before a judge to be made using two-way electronic video and au...
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2020-09-01
To House Courts of Justice Committee
VAHB5142IntroCourt authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Provides that, upon the agreement of the Commonwealth and the defendant, a trial court may defer proceedings; defer entry of a conviction order, if none, or de...
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2020-08-26
To House Courts of Justice Committee
VAHB5141IntroPossession of marijuana. Legalizes simple possession of marijuana. Current law provides a civil penalty of no more than $25 for the simple possession of marijuana. The bill also provides that simple possession of marijuana or its use by a child young...
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2020-08-26
To House Courts of Justice Committee
VAHB5114IntroLaw-enforcement officer conduct during an arrest or detention; use of force; prohibited practices. Prohibits the use of excessive force, defined in the bill as any force that is objectively unreasonable given the totality of the circumstances, includ...
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2020-08-22
To House Courts of Justice Committee
VASB5006IntroExpungement of police and court records; pardons. Allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for th...
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2020-08-20
Incorporated by Judiciary
VASB5009IntroExpungement of certain alcohol-related offenses. Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twe...
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2020-08-20
Incorporated by Judiciary
VASB5110IntroExpungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offe...
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2020-08-20
Incorporated by Judiciary
VAHB5084IntroSentencing in a criminal case; jury trial. Provides that in a criminal case the court shall ascertain the extent of the punishment, unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder.
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2020-08-18
To House Courts of Justice Committee
VAHB5085IntroLimitation on prosecution of felony due to lapse of time; judicial emergency. Provides that the speedy trial provisions shall be tolled upon a declaration of a judicial emergency.
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2020-08-18
To House Courts of Justice Committee
VASB2PassPossession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subs...
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2020-05-21
Governor: Acts of Assembly Chapter text (CHAP1286)
VAHB972PassPossession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subs...
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2020-05-21
Governor: Acts of Assembly Chapter text (CHAP1285)
VASB36PassLottery Board; regulation of casino gaming. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board. The bill specifies the requirements for licensure of casino gaming operators and the conduct of casino gaming and ...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1248)
VAHB4PassLottery Board; regulation of casino gaming. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board. The bill specifies the requirements for licensure of casino gaming operators and the conduct of casino gaming and ...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1197)
VAHB10PassQualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer except in accordance with provisions established by this bill. The bill requires a loan servicer to obtain a license from the State Corporatio...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1198)
VASB34PassDriver privilege cards; penalty. Authorizes the issuance of new driver privilege cards by the Department of Motor Vehicles to an applicant who (i) has reported income from Virginia sources or been claimed as a dependent on an individual tax return fi...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1246)
VASB77PassQualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer except in accordance with provisions established by this bill. The bill requires a loan servicer to obtain a license from the State Corporatio...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1250)
VASB1071PassPost-conviction testing of DNA. Permits private laboratories that are accredited and follow the appropriate Quality Assurance Standards issued by the Federal Bureau of Investigation to complete post-conviction testing of DNA evidence.
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1282)
VAHB1544PassStrip searches of children. Provides that no child under the age of 18 shall be strip searched or subjected to a search of any body cavity by a law-enforcement officer or a jail officer. The bill provides exceptions for (i) children committed to the ...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1236)
VASB971PassIllegal gambling; skill games; exception. Includes the playing or offering for play of any skill game in the definition of "illegal gambling." The bill also includes skill games within the definition of "gambling devices." The bill defines a "skill g...
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2020-04-22
Governor: Acts of Assembly Chapter text (CHAP1277)
VAHB873PassDiscovery in criminal cases. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such r...
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2020-04-11
Governor: Acts of Assembly Chapter text (CHAP1167)
VAHB259PassUnrestorably incompetent defendant; competency report. Provides that in cases where a defendant is likely to remain incompetent for the foreseeable future due to an ongoing and irreversible medical condition and prior medical or educational records a...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1121)
VAHB298PassMisdemeanor sexual offenses where the victim is a minor; statute of limitations. Increases the statute of limitations for prosecuting misdemeanor violations where the victim is a minor from one year after the victim reaches the age of majority to fiv...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1122)
VASB312PassPostrelease incarceration of felons sentenced for certain offenses. Clarifies that offenders who are convicted of knowingly failing to register or reregister with, or knowingly providing materially false information to, the Sex Offender and Crimes Ag...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1116)
VAHB806PassCriminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary ...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1072)
VAHB752PassPostrelease incarceration of felons sentenced for certain offenses. Clarifies that offenders who are convicted of knowingly failing to register or reregister with, or knowingly providing materially false information to, the Sex Offender and Crimes Ag...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1115)
VAHB824PassEx parte requests for expert assistance in criminal cases. Provides that in any case in which a defendant is charged with a felony offense or a Class 1 misdemeanor and determined to be indigent by the court, the defendant or his attorney, upon notice...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1124)
VAHB1023PassCustodial interrogations; recording. Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of the entirety of any custodial interrogation of a person conducted in a place of detention. The bill provides that i...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1126)
VASB949PassCriminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary ...
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2020-04-10
Governor: Acts of Assembly Chapter text (CHAP1073)
VASB1PassSuspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended....
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0965)
VASB133PassDeferred disposition in criminal cases. Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability and the court finds by clear and convincing evidence that the criminal conduc...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP1004)
VASB286PassDeferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accus...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0990)
VAHB623PassGender-neutral terms; prohibitions on same-sex marriage and civil unions removed from Code; certain gender-specific crimes; penalty. Replaces the terms "husband" and "wife," as well as related terms, with gender-neutral terms throughout the Code to c...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0900)
VAHB660PassDeferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accus...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0989)
VASB511PassPetition for writ of actual innocence. Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0994)
VAHB974PassPetition for writ of actual innocence. Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0993)
VAHB1462PassAdmission to bail; rebuttable presumptions against bail. Eliminates the provision prohibiting a judicial officer who is a magistrate, clerk, or deputy clerk of a district court or circuit court from admitting to bail, that is not set by a judge, any ...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0999)
VASB491PassInquiry and report of immigration status; persons charged with or convicted of certain crimes. Provides that the provisions requiring (i) jail officers to ascertain the citizenship of any inmate taken into custody at a jail, (ii) officers in charge o...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0996)
VAHB1150PassInquiry and report of immigration status; persons charged with or convicted of certain crimes. Provides that the provisions requiring (i) jail officers to ascertain the citizenship of any inmate taken into custody at a jail, (ii) officers in charge o...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0995)
VAHB1196PassSuspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended....
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0964)
VASB683PassCompetency to stand trial; outpatient treatment. Clarifies that for the purposes of restorative treatment for a person incompetent but restorable to stand trial that outpatient treatment may occur in a local correctional facility or at a location det...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP0937)
VAHB1522PassForfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is...
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2020-04-09
Governor: Acts of Assembly Chapter text (CHAP1000)
VASB240PassFirearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations dist...
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2020-04-08
Governor: Acts of Assembly Chapter text (CHAP0888)
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