2011 General Assembly Final Report
February 28, 2011 | VACP
VACP Executive Director Dana Schrad has prepared a final report on law enforcement-related legislation proposed during the 2011 Session of the Virginia General Assembly.
Important Date
- April 6 – Reconvened session (address Governor’s vetoes and amendments)
Retirement
An amendment to the state budget reinstitutes the 5 percent employee contribution for Plan 1 state employees effective June 25, 2011, and provides a 5 percent salary offset concurrently. The amendment includes $15.1 million general fund to reflect a slight increase in federal tax and fringe benefit expenditures as a result of this action. However, a separate amendment strikes language in the introduced budget pursuant to the 5% employee contribution policy for plan 1 and plan 2 local employees and teachers. In other words, all state employees will now pay into their pensions but will receive a 5 percent pay increase to curb the blow. The changes however do not extend to local employees or teachers.
HB 2410 (Putney) – Virginia Retirement System; optional defined contribution retirement program for state and local employees. Creates an optional defined contribution retirement program and other related benefits for state and local employees beginning January 1, 2012. (FAILED)
Immigration/Identification to Police
HB 1420 (Albo) – Enforcement of immigration laws; agreement with United States Immigration and Customs Enforcement. Provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow the State Police to perform certain federal immigration law-enforcement functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program. (Incorporated HB 1934; FAILED)
HB 1421 (Albo) – Enforcement of federal immigration law by the Commonwealth and its political subdivisions. Provides that no agency of the Commonwealth, political subdivision of the Commonwealth or locality, or an employee of any of them acting in his official capacity, may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. (FAILED)
HB 1430 (Albo) – Arresting officer to ascertain citizenship of arrestee. Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. (FAILED)
HB 1574 (Garrett) – Mandatory self-identification; failure to identify oneself to law-enforcement officer. Provides that any person, when he is lawfully detained by a law-enforcement officer under circumstances that reasonably indicate that the person has committed, is committing, or is about to commit a crime, and is requested by the officer to identify himself, shall do so. Any such person who refuses to identify himself is guilty of a Class 1 misdemeanor. (FAILED)
HB 2332 (Lingemfelter) – Arresting officer to ascertain citizenship of arrestee. Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The bill further provides that when a warrantless arrest is made and the law-enforcement officer finds probable cause to believe that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. If the judicial officer concurs in the determination of the officer and finds probable cause to believe that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail. (FAILED)
Narcotics and Dangerous Drugs
HB 1434 (Garrett) – Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic marijuana. Creates a new category for "synthetic marijuana" as a series of controlled substances listed in Schedule 1 (§ 54.1-3446) of the Drug Control Act (§ 54.1-3400 et seq.). Notwithstanding the provisions regarding punishment for possession and distribution of controlled substances listed in Schedule 1, punishment for possession and distribution of synthetic marijuana is largely in accord with the provisions for actual marijuana. (Incorporates 6 other bills – (PASSED WITH EMERGENCY CLAUSE FOR IMMEDIATE ENACTMENT)
FOIA
HB 1457 (Marshall) – Freedom of Information Act; violations and penalties. Doubles the civil penalties imposed for willful and knowing violations of FOIA. The bill also clarifies existing law that officers, employees, and members of public bodies may be subject to the civil penalties for knowing and willful violations of FOIA. (PASSED)
SB 1467 (Edwards) – Freedom of Information Act; criminal investigative records. Amends the definition of "criminal investigative file" so that the exemption applies to records relating to active or ongoing investigations or prosecutions. (FAILED IN COMMITTEE; REFERRED TO FOIA COUNCIL FOR FURTHER STUDY)
Pursuits/Emergency Response Driving
SB 762 (Puller) – Emergency vehicles proceeding past red lights. Provides that emergency vehicles proceeding past any steady or flashing red signals, traffic lights, stop signs, or other devices indicating moving traffic shall stop must flash emergency lights and either (i) sound a siren, exhaust whistle, or air horn designed to give automatically intermittent signals or (ii) yield right-of-way or, if required for safety, bring the vehicle to a complete stop before proceeding with due regard to the safety of persons and property. (PASSED)
HB 1403 (Loupassi) – Forfeiture of vehicle used to elude police.Provides that any vehicle driven to elude police and in such a manner as to interfere with or endanger the operation of a law-enforcement vehicle or officer or to endanger a person (in violation of subsection B of § 46.2-817) shall be forfeited and sold by the sheriff. The proceeds of the sale are to be delivered to the Literary Fund. (FAILED)
Traffic Enforcement
HB 1515 (Orrock) – Traffic lights; enforcement. Provides that, in addition to observing the violation directly, a law-enforcement officer may detain or arrest the driver of a motor vehicle violating a traffic light signal if the officer observes the violation through the use of a red light activation terminal approved by the Virginia State Police Superintendent. (FAILED)
HB 1981 (Greason) – Traffic lights. Allows motorcycle and moped drivers and bicycle riders, in certain situations, to proceed through intersections controlled by traffic lights showing steady red signals. (HB 1991 INCORPORATED, PASSED)
HB 1589 and SB 1118 – Ignition Interlock. The bills make Ignition Interlocks mandatory for ALL persons convicted of DUI. Currently first time offenders are not required to have an ignition interlock installed in their car unless their blood alcohol content was .15 or higher (almost 2 times the legal limit) (FAILED)
HB 1426 (Oder) – Taxicabs; markings and roof signs. Requires taxicabs to have markings and roof signs identifying them as operating as taxicabs or performing taxicab services. (PASSED: EMERGENCY ENACTMENT 2/4/11)
HB 1424 (Dance) – Wireless telecommunications devices in motor vehicles. Extends prohibition on the use of wireless telecommunications devices in motor vehicles to talking on such device only when the device is configured for hands-free operation and is being used in the hands-free mode. (FAILED)
HB 1546 (Kory) – Use of handheld personal communications devices in motor vehicles; penalty. Makes texting while driving a primary offense. (FAILED)
SB 770 (Marsden) – Punishment for underage drinking and driving; penalty. Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides that the punishment includes, but is not limited to, forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and either a mandatory minimum fine of $500 or 50 hours of community service. (PASSED)
HB 1728 (Carrico) – Vehicle window tinting films; vehicle safety inspection fees. Increases the allowed tinting of front side windows so as to reduce permitted light transmittance from the present minimum of 50 percent to a minimum of 35 percent. The bill also allows an increase of $4 for the safety inspection of any vehicle with after-market window tinting of the front side, rear side, or rear windows. This additional fee does not apply to window tinting films installed pursuant to an authorization by the DMV Commissioner pursuant to § 46.2-1053. (WITHDRAWN BY PATRON; OFFICER SAFETY ISSUE TO BE STUDIED)
HB 2327 (Lingamfelter) – Photo monitoring systems; limitations on local adoption of systems. Limits the operation of a traffic signal enforcement program, commonly referred to as a "photo red program," to those localities that have adopted ordinances establishing the program prior to July 1, 2011. In addition, localities that have adopted such ordinances are prohibited from implementing or expanding a photo red program after July 1, 2011. (FAILED)
H.B. 1683 (Toscano) – Motor vehicles; passing of bicycles, etc. Following too closely; passing other vehicles.Adds bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds to the list of vehicles that the driver of a motor vehicle shall not follow more closely than is reasonable. In addition, the bill increases passing distance for passing bicycles from two to three feet. (FAILED)
HB 2322 (Carrico) – Speeding; reckless driving. Raises the threshold for per se reckless driving for speeding from 80 miles per hour to 90 miles per hour, though the threshold of 20 miles per hour or more in excess of the applicable speed limit remains unchanged. The bill also imposes a fine on speeding of $50 per mile-per-hour in excess of 80 miles per hour. The fine for speeding at speeds of 80 miles per hour or less remains at $6 per mile-per-hour in excess of the applicable speed limit. (FAILED)
Firearms
HB 1552 (Cox) – Issuance of concealed handgun permits. Amends the language relating to the issuance of de facto concealed handgun permits. Current law states that if a court does not issue a permit or find that the applicant is disqualified, within 45 days of receipt of the application, the clerk is to certify the application and send it to the applicant. The certified application then serves as a de facto permit until the actual permit is issued or the applicant is found to be disqualified. The bill states that the clerk must mail the certified application to the applicant within five business days of the expiration of the 45-day period. (PASSED)
SB 755 (Reynolds) – Concealed handgun permits; disqualification for residential mental health or substance abuse treatment. Allows a person who has received mental health treatment or substance abuse treatment in a residential setting within five years from the application to petition the court for a permit to carry a concealed handgun. Currently, such persons are disqualified from obtaining a permit within five years of receiving residential treatment. (FAILED)
HB 1731 (Carrico) – Firearms, firearms accessories, and ammunition manufactured and retained in Virginia.Declares that firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. (FAILED)
HB 1732 (Carrico) – Concealed handgun permits; recognition of out-of-state permits. Allows any person who is at least 21 years of age with a valid concealed handgun or concealed weapons permit issued by another state to carry a concealed handgun within the Commonwealth, so long as he also carries a valid government-issued photo identification. (FAILED)
Police Operations/Criminal Justice Issues
SB 788 (Watkins) – Wireless E-911 Fund; distributions. Amends the procedure by which the Wireless E-911 Services Board distributes funds in the Wireless E-911 Fund. The measure requires the Board to recalculate the distribution percentage for each public safety answering point annually before the start of each fiscal year based on the cost and call load data from one or more of the previous fiscal years. Currently, the Board calculates the distribution formula each October based on the data from the prior year. (PASSED)
HB 1516 (Orrock) – Crimes; assault and battery of ABC agent. Provides for an offender who assaults a special agent of the Department of Alcoholic Beverage Control because of his employment to be prosecuted for a Class 6 felony. (PASSED)
HB 1455 (Landes) – Supervision and control of wiretap devices. Specifies that wiretap devices in the possession of any sheriff's office or police department shall be under the control and supervision of the sheriff or chief of police and not under his “direct” control. (PASSED)
HB 2273 (Keam) – Additional powers of local building officials; unlicensed contractors. Provides that a locality may, by ordinance, authorize the building department to designate certain building officials as sworn investigators, who shall have the authority to issue summonses for violations of the statutes and regulations of the Board for Contractors governing unlicensed activity by contractors. In addition, the bill vests all designated building officials with the authority to (i) administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 or any regulation of the Board for Contractors relating to unlicensed activity by contractors; (ii) obtain, serve and execute any warrant, paper or process issued by any court or magistrate; and (iii) request and receive criminal history information. The bill requires that all designated building officials receive the training required by the Department of Criminal Justice Services for law-enforcement personnel before exercising such powers. (FAILED)
HB 2513 (Gilbert) – Inherent authority to defer and dismiss a criminal case. Provides that no court shall have the authority, upon a plea of guilty or nolo contendere or after a plea of not guilty, when the facts found by the court would justify a finding of guilt, to defer proceedings or to defer entry of a final order of guilt or to dismiss the case upon completion of terms and conditions except as provided by statute. This is in response to the January 13, 2011, Supreme Court of Virginia decision in Hernandez v. Commonwealth, ___Va.___ (2011); record no. 092524. (Introduced at request of Attorney General) (FAILED)
HB 2490 (P. Miller) – Campus police; report of certain incidents to local law-enforcement agency. Requires the chief law-enforcement officer of a public or private institution of higher education to report the death or an alleged rape of any person on campus property to the local law-enforcement agency of the locality in which the institution is located. The local law-enforcement agency would assume responsibility for leading the investigation, with cooperation from the institution of higher education. (PASSED BY INDEFINITELY IN COMMITTEE; SENT TO CRIME COMMISSION FOR STUDY)
HB 1510 (Scott) – Pawnbrokers and precious metals dealers; records required to be maintained. Requires pawnbrokers and precious metals dealers to take a photograph or digital image of (i) the person pawning or pledging or selling an article, precious metal or gem at the time of the transaction; (ii) the identification used by the person in the transaction; and (iii) the article, precious metal or gem pawned or pledged or sold. The bill provides for pawnbrokers to retain a pawned or pledged item and for precious metal dealers to retain precious metals or gems purchased for 60 days. Currently pawnbrokers are required to retain an item for 45 days and precious metal dealers for 10 days. (FAILED)
SB 1163 (Reynolds) – Powers and duties of the Criminal Justice Services Board and the Department of Criminal Justice Services. Repeals the requirements for the Department of Criminal Justice Services to (i) establish a Crime Prevention Center, (ii) adopt regulations for the implementation of detoxification center programs, and (iii) adopt the "McGruff" symbol and criteria for designation as a McGruff House. The bill also repeals the authority of the Board to provide for the coordination of the operation of a statewide comprehensive criminal justice information system for the exchange of criminal history record information among the criminal justice agencies of the state and its political subdivisions. In addition, the bill provides that the Virginia Law-Enforcement Accreditation Center established by the Department may, in cooperation with Virginia law-enforcement agencies, give technical assistance and administrative support, including staffing, for the establishment of a voluntary state law-enforcement accreditation standard. Under current law, the Department is required to give such assistance and support. This bill is identical to HB 2387.(PASSED)
HB 2012 (Carrico) – Law-enforcement employment; disclosure of juvenile records. Provides that a person who was adjudicated delinquent may be denied employment with the State Police or a local police department or sheriff's office. The bill also provides that juvenile record information may be disseminated to the State Police or a local police department or sheriff's office for the purpose of screening a person for employment. (PASSED)
HB 2462 (Habeeb) – Juveniles; filing of petition not necessary for certain misdemeanor offenses. When a violation of § 18.2-250.1 is charged by summons, the juvenile shall be entitled to have the charge referred to intake for consideration of informal proceedings pursuant to subsection B of § 16.1-260, provided such right is exercised by written notification to the clerk not later than 10 days prior to trial. At the time such summons alleging a violation of § 18.2-250.1 is served, the officer shall also serve upon the juvenile written notice of the right to have the charge referred to intake on a form approved by the Supreme Court and make return of such service to the court. If the officer fails to make such service or return, the court shall dismiss the summons without prejudice. (PASSED)
Next entry: VACP Update: February 2011
Previous entry: 2011 General Assembly Update: Budget Conference Report
