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2012 General Assembly Report

(Pre-Veto Session – April 18, 2012)

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Cont'd to
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NOTE: Bills listed below in each subject category passed the General Assembly.  In some cases, the Governor has signed the bill into law.  Those bills that have not been signed by the Governor are still considered passed legislation UNLESS they are vetoed by the Governor sometime between now and the reconvened session.  The Governor also may offer amendments to be accepted or rejected by the legislature on April 18.  Following the list of passed legislation are lists of bills that failed or were carried over for consideration in the 2013 legislative session.  In many cases there are duplicate House and Senate bills.

Crimes and Criminal and Civil Procedure
HB 752 Assault and battery of a family or household member by strangulation; penalty.
SB 459 Assault and battery of a family or household member by strangulation; penalty.
SB 436 Sex crimes; penalties.
HB 963 Solicitation of child pornography.
HB 964 Displaying a grooming video to a minor; penalty.
HB 507 Child abuse; increases reporting period by physicians on substance exposed infants.
HB 546 Crimes by gangs. includes definition of predicate criminal act.
SB 461 Commitment of sexually violent predators; probable cause hearing; use of video and audio.
HB 17 Search warrant affidavits; allows for electronic filing by means other than electronic facsimile.
HB 77 Jury sentencing; provides criminal sentencing by different jury when original cannot agree.
SB 314 Sexually violent predators; civil commitment.
SB 91 Civil commitment of sexually violent predators.
HB 970 Mandatory reporting of suspected child abuse; public and private college employees.

Drugs, Alcohol and Tobacco
SB 406 ABC; unlawful possession. Clarifies that ABC underage buyers acting for law enforcement may purchase alcohol in the performance of their duties.
SB 273 Cannabinoids, synthetic; amends provisions regarding criminalization.
HB 1037 Methamphetamine site cleanup costs ordered paid by defendant.
HB 848 Methamphetamine lab clean-up costs; reimbursement of localities.
HB 1161 Methamphetamine precursors; sale and tracking; penalties.
HB 479 Counterfeit and contraband cigarettes; penalties.

SB 67 Concealed handgun permits applications; removes option for locality to require fingerprints.
SB 323 Purchase of handguns; eliminate limitation on handgun purchases.
SB 563 Concealed handgun permits; application procedures.
HB 943 Purchase of service handguns; certain law-enforcement officers.
HB 288 Carrying weapons into courthouses; exception for city, county treasurers
HB 375 Control of firearms by localities; workplace rules.
HB 20 Emergency Services & Disaster Law; shall not be interpreted to prohibit carrying, etc., of firearms
HB 754 Concealed handgun permit applications; fingerprints.

HB 480 FOIA; attendance by certain members in a closed meeting.
SB 193 Freedom of Information Act; exemption for cell phone numbers for EMS personnel and firefighters.

Law Enforcement
HB 1298 GPS tracking device; Provides the authority and the protocol for a law-enforcement officer to apply for a search warrant to permit the use of a GPS tracking device. This bill contains an emergency clause
HB 498 Funeral processions; sheriff and police escorts.
HB 185 Manner of enforcement of state criminal offenses and local criminal ordinances. Provides that when a law-enforcement officer of the Department of State Police or any other division of the state government makes an arrest or issues a summons for a violation of a provision of the Code of Virginia, the person arrested or summoned must be charged with a violation of that Code provision and not with a substantially similar local ordinance. All fines and forfeitures collected upon conviction are to be credited to the Literary Fund.
HB 1154 State Police, Department of; access to electronic evidence.
HB 965 Campus police; Mutual Aid Agreements (MAAs) with local law-enforcement agencies.
HB 969 Sexual assault response teams; addition of campus police.
HB 771 Law-enforcement officers; campus police officers.
SB 301 Sexual assault response teams; addition of campus police.
SB 239 Suspected child abuse and neglect; mandatory reporting; penalties.
SB 541 Auxiliary police forces; Department of Criminal Justice Services to establish training requirements.
SB 534 Tangible personal property; volunteer deputy sheriffs.
HB 770 Protective orders against law-enforcement officers. Provides that no emergency protective order may be issued against a law-enforcement officer for any action arising out of the lawful performance of his duties

Retirement, Line of Duty, State Budget
NOTE: The House and Senate Budget conferees reconvene April 2 to work out differences between the House and Senate versions of the budget. The Senate budget includes a proposal to take a portion of locally-generated traffic fines back into the state budget; the House has opposed this measure. 

Retirement: Public safety organizations have supported SB 497, the “5 for 5” retirement contribution bill that requires the state and localities to increase employee salaries by 5% to offset employee 5% contributions into VRS.  SB 498 was opposed by public safety because it mandates a hybrid plan that would decrease benefits for new hires and those with less than 5 years of service.

LODA: The General Assembly previously shifted the financial burden of funding the Line of Duty Act fund for local employees to the localities; the result has been a number of localities self-funding LOD plans and withholding contributions to the state fund.  Still at issue: how to fund the LODA long-term, and state vs. local control over eligibility determinations.

HB 140 State Police Officers’ Retirement System (SPORS); mandatory retirement requirement exemptions Exempts regional jail or jail farm superintendents from the age 70 mandatory retirement requirement. Currently, gubernatorial appointees and elected officials are exempt from mandatory retirement. This bill contains an emergency clause.
HB 395 Special funds for families; Line of Duty Act. Authorizes the State Comptroller to release payments, advanced from the death benefits due to the beneficiary of a deceased person under the Line of Duty Act, to a funeral service provider for burial and transportation costs.
HB 1134 Line of Duty Act; Includes DMV enforcement officers

Traffic Enforcement
HB 279 DUI ignition interlock limitations. Provides that a person who is convicted of DUI may drive only with an ignition interlock after the first offense, as a condition of a restricted license and is required to have an ignition interlock installed in each vehicle owned by or registered to him after a second offense.
SB 364 Police-requested vehicular towing. Allows "police-requested towing" to be initiated by uniformed employees of the local police department who are authorized to do so by the chief local law-enforcement officer.
HB 187 Police check-points. Prohibits the establishment of "motorcycle only" police check-points
HB 97 Motorcycles; driving two abreast in a single lane, allowed.

SJ 21 Directing the Virginia State Crime Commission to study the practice of illegal cigarette trafficking.

Failed Bills of Interest
HB 716 Auxiliary police officers; training standards.
SB 26 Conservation police officers; clarifies authority.
HB 701 Campus police; report of certain incidents to local law-enforcement agency.
HB 91 Higher educational institutions; possession of concealed handguns by faculty members. (R. Marshall: Allows full-time faculty members of public institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus.)
HB 494 Failure to report death of child by parent, guardian, etc.; penalty.
HB 704 Failure to report death of child by parent, guardian, etc.; penalty.
HB 717 Allowing child to be present in methamphetamine manufactory; penalty.
HB 700 Crimes against incapacitated or elder adults; penalty.
HB 624 Sex offender registry; juvenile registration.
HB 489 Fees; additional fees for conviction. Domestic violence offenses;
HB 14 Persons acting in defense of property; civil immunity provided for an occupant of dwelling, etc. (castle rule)
HB 925 Castle doctrine; self-defense and defense of others.
SB 20 Rape; accomplished by ruse or trickery.
SB 412 Sex offender registry; juvenile registration.
HB 954 Criminal law; redefinition of the triggerman rule.
HB 485 Expungement of certain drug charges.
SB 127 Sex offender registry; juvenile registration.
SB 222 Financial exploitation of certain adults; penalty.
SB 285 Crimes against incapacitated or elder adults; penalty.
SB 345 Recruitment of persons for criminal street gang; penalty.
HB 361 Stalking; enhanced penalties.
SB 389 Pneumatic gun ordinances.
SB 379 Firearms transfers; penalties
HB 929 Carrying concealed weapons by former attorneys for the Commonwealth.
HB 952 Carrying concealed weapons; correctional officers.
HB 797 Carrying a handgun while under the influence of alcohol or drugs; penalty.
HB 458 Firearms; locality may adopt an ordinance that prohibits in libraries.
HB 364 Transfer of firearms; criminal records check; penalties (would have applied to firearms show vendors.)
HB 139 Concealed handguns; persons who may lawfully carry hidden from common observation, penalty. (Cole - Provides that any person who may lawfully possess a firearm in Virginia may carry it hidden from common observation. The bill retains the procedures to obtain a permit that authorizes a person to carry a concealed handgun for those who wish to carry a concealed handgun in other states with reciprocal agreements with the Commonwealth. The bill creates Class 1 misdemeanors for carrying concealed handguns during the commission of certain drug-related crimes and makes carrying a concealed handgun during the commission of certain felonies a separate felony.)
HB 1105 Virginia Freedom of Information Act; electronic communication meetings.
SB 107 Freedom of Information Act; criminal investigative records.
HB 751 Recruitment of persons for criminal street gang; penalty.
HB 287 Expansion of gang-free zones.
HB 89 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain.
HB 320 Arresting officer to ascertain citizenship of arrestee.
HB 472 Immigration query at arrest or during detention.
SB 460 Immigration query at arrest or during detention.
HB 958 Arresting officer to ascertain citizenship of arrestee.
HB 1060 Arresting officer to ascertain citizenship of arrestee.
HB 1048 Miranda rights to be read in arrestee's native language.
SB 66 Abuse and neglect of a child; false report of injury or failure to report missing, penalty.
SB 419 Juveniles; trial as adults.
HB 223 Writ of actual innocence; juvenile adjudicated delinquent of felony charge may
HB 436 Juveniles; certain persons imprisoned for life eligible for parole; petition SUPCT.
HB 596 Presence of meth lab in same place as child, mentally incapacitated person.
HB 215 Child abuse and neglect; mandatory reporting, penalties.
HB 981 Death of child; parent, guardian, etc., failure to report to local law-enforcement
HB 984 Department of State Police; establishment of cold case searchable database.
HB 884 Records of the Department of Motor Vehicles; privileged records of law-enforcement officers.
HB 205 Law-Enforcement Procedural Guarantee Act; definition of law-enforcement officer. (would have added correctional officers)
HB 749 Assault and battery on a campus police officer.
HB 636 Virginia Law Officers' Retirement System; adds attorneys for State and their assistants as members.
SB 125 Line of Duty Act. Allows a political subdivision with employees eligible for coverage under the Line of Duty Act to make an irrevocable election, on or before July 1, 2013, to self-fund the benefits available under the Line of Duty Act.  The bill contains a reenactment clause.
HB 874 Text messaging and emailing while driving; penalty.
HB 415 Operation of moving motor vehicle while distracted; penalties.
HB 497 Handheld personal communications devices; prohibits use while operating a motor vehicle, penalty.
HB 394 Use of handheld personal communications devices; exceptions; penalty.
HB 404 Use of handheld personal communications devices while driving.
SB 219 Text messaging and emailing while driving; penalty.
HB 652 Text messaging and emailing while driving; penalty.
HB 7 Bicycles; riders approaching intersection controlled by traffic lights need not to wait two minutes.
HB 310 Driver's licenses; diabetes and hearing or speech impairments. Requires the Department of Motor Vehicles to prepare an informational brochure to inform driver's license applicants that they may designate insulin-dependent diabetes or a hearing or speech impairment on their driver's license or DMV-issued identification card and to mail such brochure with renewal notices.
HB 583 Traffic control preemption devices. Allows local governments that control the highways within their boundaries the ability to control the use of traffic control signal preemption devices used to change traffic light signals.
HB 706 Pedestrians. Requires vehicle drivers to stop for pedestrians crossing at marked crosswalks or at intersections not controlled by traffic signals.
HB 785 Following too closely. Includes bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds among vehicles that the driver of a motor vehicle shall not follow more closely than is reasonable.
HB 957 Zero tolerance BAC after restoration of full driving privilege following DUI conviction.
SB 289 Possession of open container of alcohol in a motor vehicle; penalty.

Continued to 2013
SB 96 Publication of unlawful photographs; penalty.
SB 21 Rape; person who has sexual intercourse with complaining witness accomplished by coercion.
SB 224 Assault and battery of a family or household member; penalties.
HB 237 Criminal history record information checks upon handgun purchases; dissemination of information.
SB 554 Firearms; possession within residence of victim by persons subject to protective orders.
HB 1052 Carrying weapons in air carrier airport terminals; removing prohibition against carrying firearms.
HB 1135 Concealed handgun permits; removes certain requirements for out-of-state permits.
HB 592 Criminal history record information check; exemption for concealed handgun permittees.
HB 1001 Enforcement of immigration laws; agreement with United States Immigration and Customs Enforcement.
HB 1165 Richmond Metropolitan Authority; police.
HB 208 Virginia Retirement System; retirees hired as school board security personnel. Provides that retired law-enforcement officers may be hired as local school board security personnel without interruption of their retirement benefits under certain conditions.
SB 331 Law enforcement officers retirement; early retirement. Requires that all employers electing to provide benefits equivalent to the State Police Officers' Retirement System for employees in hazardous duty positions consider employees eligible for full retirement after reaching the age of 50 and completing 25 years of service, for employees retiring on or after July 1, 2012. Under current law, certain employers could elect to provide for full retirement after employees complete 30 years of service.
SB 357 Virginia Law Officers' Retirement System; membership. Adds conservation officers of the Department of Conservation and Recreation as members of the Virginia Law Officers' Retirement System. Conservation officers would accrue retirement benefits under the Virginia Law Officers' Retirement System only for creditable service on or after July 1, 2012.
HB 891 Operation of vehicles equipped with mobile infrared transmitters; penalty.
SB 27 License plates; display of single plate on registered vehicles.
SB 304 Display of vehicle license plates.
SB 423 Motor vehicle license plates.
SB 333 Mopeds.

A final 2012 General Assembly report will be posted on the VACP website following the reconvened session on April 18, 2012.

Dana Schrad, Executive Director
Virginia Association of Chiefs of Police
Virginia Association of Campus Law Enforcement Administrators (VACLEA) 
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Mobile: 804-338-9512