Virginia Police Legal Bulletin |
|
Volume 1, Number 1 |
A Publication of the Virginia Police Legal Advisors
Committee |
July 2006 |
|
|
[Back to Main Page] [Word
document Version]
2006 Virginia Legislative Summary
by Dana Schrad
VACP Executive Director
Richmond, VA
LAW ENFORCEMENT RETIREMENT/BENEFITS
PASSED:
- HB 37/CHAPTER 388: Retirement benefits; local emergency
medical technicians. Adds
local emergency medical technicians to the list of local employees for whom
localities may provide retirement benefits equivalent to those provided to
State Police officers.
- HB 59/CHAPTER 622: Health insurance credits for retired state employees. Increases
the monthly cap for health insurance credits provided to retired state employees
by eliminating the cap on the number of years of service used to compute
the credit.
- HB 1418/CHAPTER 878: Line of Duty Act; payment of benefits. Increases
from $75,000 to $100,000 the amount for which a beneficiary of a deceased
person whose death occurred while in the line of duty as the direct or proximate
result of the performance of his duty is eligible to receive.
- SB 515/CHAPTER 824: Line of Duty Act; disabled state employees. Extends
the Act's benefits to any state public safety employee whose disability occurred
on or after January 1, 1966.
FAILED:
- HB 369/SB 393/Governor’s Amendments to Budget: Bills introduced
by Delegate Carrico and Senator Stolle were not acted on by the House Appropriations
Committee, effectively killing the bills. Governor Kaine included the
retirement benefits language in his budget, but the amendments were rejected
by the House of Delegates. The language would have raised the SPORS
multiplier from 1.7 to 2.0 percent; would have put all deputy sheriffs into
LEORS; and would have placed permissive language into LEORS for localities
to raise the multiplier from 1.7 to 2.0 percent. The current VALORS
multiplier is 2.0 percent, but VALORS was not addressed in the legislation. Also,
the law enforcement supplement was not changed under this legislation. We
expect another effort for law enforcement retirement benefits legislation
in 2007. FAILED.
POLICE ADMINISTRATION
PASSED:
- Criminal justice training academies: As passed in HB
5002/Chapter 3 - The Board of Criminal Justice Services, consistent with § 9.1-102,
Code of Virginia, and § 6VAC-20-20-61 of the Administrative Code, shall
not approve or provide funding for the establishment of any new criminal
justice training academy from July 1, 2006, through June 30, 2007.
- 599 Aid to Localities with Police Departments: As passed in HB 5002/Chapter
3
- C. It is the intent of the General Assembly that state funding provided
to localities operating police departments be used to fund local public
safety services. Funds provided in this item shall not be used to supplant
the funding provided by localities for public safety services.
- D. Out
of this appropriation, an additional $3,460,129 the first year from the
general fund is provided for local law enforcement agencies which are
eligible to receive financial assistance under Title 9.1, Chapter 1,
Article 8, Code of Virginia. The Department shall distribute this
additional amount using a methodology based on the incidence of violent
crimes as reported to the Virginia Department of State Police. It
is the intent of the General Assembly that these additional funds be
allocated only to those local law enforcement agencies that would otherwise
lose funding as a result of updated input data in the current House Bill
599 formula, and that any funding received by these local law enforcement
agencies through this additional appropriation be used entirely for local
law enforcement activities that respond to or reduce the incidence of
violent crime. Prior to the distribution of these
additional funds, the Secretary of Public Safety shall provide the Chairmen
of the House Appropriations and Senate Finance Committees with a report
on the proposed distribution methodology and the amount proposed for
each eligible law enforcement agency.
- E. The Secretaries
of Public Safety and Finance shall review the current methodology for
the distribution of state aid to localities with police departments (HB
599 of 1979) to determine whether or not the enabling legislation and
funding formula warrant modification. Copies of this review shall
be provided to the Chairmen of the House Appropriations and Senate Finance
Committees by October 16, 2006.
- F. Effective July 1, 2007, the director
of the Department of Criminal Justice Services is authorized to withhold
reimbursements due a locality under Title 9.1, Chapter 1, Article 8,
Code of Virginia, upon notification from the Superintendent of State
Police that there is reason to believe that crime data reported by the
locality to the Department of State Police in accordance with § 52-28,
Code of Virginia, is missing, incomplete or incorrect. Upon subsequent
notification by the superintendent that the data is accurate, the director
shall make reimbursement of withheld funding due the locality when such
corrections are made within the same fiscal year that funds have been
withheld.
- HB 83/SB 27: Virginia Public Building Authority; financing for the
State Agency Radio System. Authorizes the Virginia Public Building Authority
to issue bonds in an amount not to exceed $201,900,000 to pay the costs of
the State Agency Radio System (Phase II) for the Department of State Police.
- HB 255: Line of Duty Act; mandatory training. Requires
the Secretary of Public Safety to develop training guidelines to be distributed
to agencies and localities with employees covered by the Line of Duty Act.
Each agency or locality is required to provide training concerning the Act
to its eligible law-enforcement and public safety officers. The training
will not count towards in-service credit requirements for law-enforcement
officers.
- SB 129/HB 692: Juvenile gang affiliations; release of information. Provides
that the Department of Corrections or locally operated court service unit may
release any information relating to gang-related activity, obtained from an
investigation of a juvenile affiliated with a criminal street gang to any State
Police, local police department, or sheriff's office. The exchange
of information shall be for the purpose of an investigation into criminal
street gang activity.
- SB 561: Gang information; juvenile records. Requires the Departments
of Corrections and Juvenile Justice to collect information on individuals identified
as criminal gang members and transmit it to the Commonwealth's Attorneys' Services
Council. The Council will disseminate the information to attorneys for the
Commonwealth. The bill also specifies that law-enforcement agencies, school
administrations and probation offices are included as entities that may examine
certain juvenile records held by the Department of Juvenile Justice if there
is a court order determining that they have a legitimate interest. The bill
also provides that the information may be provided to a criminal justice agency
that is conducting research. This bill is identical to HB 847. This
bill incorporates SB 151 and SB 351.
- HB 847: Gang information; juvenile records. Requires the Departments
of Corrections and Juvenile Justice to collect information on individuals
identified as gang members and transmit it to the Commonwealth's Attorneys'
Services Council. The Council will disseminate the information to attorneys
for the Commonwealth. The bill also specifies that law-enforcement agencies,
school administrations and probation offices are included as entities that
may examine certain juvenile records held by the Department of Juvenile Justice
if there is a court order determining that they have a legitimate interest.
The bill also says that the court order may be granted if the person, agency,
or institution has a legitimate interest in the juvenile. Under current law
the interest is limited to the case or in the work of the court. In addition,
the Department of Juvenile Justice will be allowed to release the social
reports and records of a child to certain law enforcement employees for the
purpose of investigating criminal street gang activity. This bill is identical
to SB 561.
- HB 56: Mandatory reporting of child abuse and neglect. Requires
any person who voluntarily undergoes training in recognition of child abuse
to report suspected child abuse or neglect to a local department of social
services or the Department of Social Services’ toll-free child abuse and neglect
hotline.
- HB 984 CHAPTER 857: Sex Offender and Crimes Against Minors Registry;
penalties. Makes numerous changes to Registry provisions. First offense
child pornography possession and burglary with the intent to commit certain
felony sex offenses will be new Registry offenses if committed after July 1,
2006. Criminal homicide in conjunction with child abuse will be a registrable
offense. The sex offender website will include persons convicted of all
registrable sex offenses not just persons convicted of violent sex offenses
as under current law. The Department of Criminal Justice Services is
required to advise and initiate training standards for criminal justice agencies
and state, local and regional employees who work with the Registry.
- HB 1333 CHAPTER 931: Sex Offender Registry; penalties. Adds first
offense child pornography possession and burglary with the intent to commit
certain felony sex offenses as new Registry offenses if committed after July
1, 2006. Criminal homicide in conjunction with contributing to the delinquency
of a child or child abuse is also added as a new Registry offense. The bill
modifies the registration of a person convicted of murdering a child so that
registration will be required if the victim is under 15 years of age and
if the minor victim is 15 or older and the murder is related to a registrable
sex offense. The bill adds burglary with the intent to commit certain felony
sex offenses to the list of offenses, if committed twice, that are deemed
sexually violent offenses. The bill places murder on an equal footing with
sexually violent offenses for purposes of registration. Persons convicted
of sex offenses in a foreign country will be required to register. The bill
makes a second or subsequent conviction for failing to register as a sex
offender a Class 6 felony and a second or subsequent conviction of failing
to register as a violent sex offender a Class 5 felony.
- SB 559 CHAPTER 914: Sex offenders; registration, civil commitment
and mandatory minimums; penalties. Amends provisions related to the Sex
Offender and Crimes Against Minors Registry and the civil commitment of sexually
violent predators and increases penalties for certain sex crimes. (Lengthy
requirements)
- HB 1036/SB 560: Campus safety. Requires the Department of
Criminal Justice Services to develop training standards for campus security
officers and to provide technical support and assistance to campus police
departments and campus security departments. The bill has an effective date
of July 1, 2007. This bill incorporates House Bill 154.
- SB 173: Virginia Port Authority police. Allows the Authority
to enter into agreements with private terminal operators to permit special
police officers to provide and enforce safety and security on the operator's
property.
- HB 1345: Process for issuance of search and arrest warrants. Provides
that where an appearance is required or permitted, and that appearance is made
by two-way electronic video and audio communication, documents may be transmitted
by facsimile between the magistrate, intake officer, or judge, and the person
appearing before such magistrate, intake officer, or judge. Additionally,
when seeking a search warrant, the person seeking the search warrant may
file the required affidavit by electronically transmitted facsimile process.
- HB 1356: Mutual aid agreements. Allows all sheriffs to
enter into mutual aid agreements. Current provisions apply only to sheriffs
with primary law-enforcement authority. This bill incorporates HB 1189.
- HB 1431: Procedure upon arrest without warrant. Provides
that a special conservator of the peace has the authority to affect arrests
and to use up to the same amount of force as would be allowed to a law-enforcement
officer when making a lawful arrest.
- HB 1509: Reporting identity theft to law-enforcement agencies. Provides
that a consumer may report a case of identity theft to the law-enforcement
agency where he resides. The bill also provides that upon receipt of a court
order and upon request by such person, the Office of the Attorney General,
in cooperation with the State Police, shall issue an "Identity Theft Passport" stating
that such an order has been submitted.
- HB 1577: Concealed handgun permits. Eliminates the ability
of a locality to require an applicant for a concealed handgun permit to submit
fingerprints as part of the renewal of an existing permit. The bill
modifies the current law provision that a court may disqualify an applicant
from receiving a concealed handgun permit based upon specific acts that indicate
that the applicant would use a weapon unlawfully or negligently by adding
a disqualifying conviction and allowing the personal knowledge of a deputy
sheriff, police officer or assistant Commonwealth's Attorney to be the basis
for the specific acts alleged by the sheriff, chief of police, or Commonwealth's
Attorney.
- SB 717: Purchase of service handguns; retired state law-enforcement officers. Allows
any state-level law-enforcement officer who retires after 20 years of state
service to purchase his service handgun for $1, even if a portion of his
service was with another state agency.
- HB 1258: Tow trucks; towing and recovery operators; local-option regulations;
regulation by Board for Towing and Recovery Operators; civil penalty. Allows
a mechanic's lien for "towing, storage, and recovery" in addition
to the present "keeping, supporting, and care"; increases the present
three-day limit for garage keepers to obtain vehicle data from the DMV and
provides written notice to the owner of the stored vehicle to a seven-day limit;
raises the so-called "junk car" threshold from the present $5,000
to $7,500; and increases from $25 per day to $50 per day the amount owed for
storage if a vehicle is towed, unclaimed, and sold. Local towing and advisory
boards would be required to consist of an equal number of representatives of
local law-enforcement agencies and representatives of towing and recovery operators,
plus one "civilian" and would have to meet at least once per year
at the call of the chairman, who is to be chosen annually by a majority vote
of the board. Finally the bill establishes a new Board for Towing and Recovery
Operators to license and regulate the towing and recovery industry and tow
truck drivers.
- HB 1276: Investigators with Office of the Attorney General and special agents
of Alcoholic Beverage Control Board; powers to enforce certain tobacco laws. Authorizes
investigators with the Office of the Attorney General to seize cigarettes
which are unlawfully sold, possessed, distributed, transported, imported,
or otherwise held and to accompany and participate with special agents
of the Alcoholic Beverage Control Board or other law-enforcement officials
engaging in an enforcement action under § 3.1-336.6 or 58.1-1037
- SB 395: Enhanced Public Safety Telephone Services Act. Expands
the powers and duties of the Wireless E-911 Services Board to include developing
a statewide enhanced 9-1-1 plan for voice-over-Internet service and future
communications technologies accessing E-911 for emergency purposes. The formula
for distribution of money in the Wireless E-911 fund is revised to provide
that 60% will be provided to public safety answering points (PSAPs), 30%
will be provided for payment of Wireless E-911 CMRS costs, and the remaining
10% will be provided for needs-based grants to be defined by the Board for
PSAPs. The bill also increases the size of the Board from 14 to 15 members.
- SB 552: Destruction of human biological evidence; penalty. Makes
it a Class 6 felony for a clerk of court or other public official to willfully
violate a court order entered pursuant to § 19.2-270.4:1, relating to
storage, preservation and retention of human biological evidence in a felony
case.
- HB 1030: Field test for marijuana evidence at trial. Provides that
in any trial for marijuana possession, any law-enforcement officer shall
be permitted to testify as to the results of any field test approved by the
Department of Forensic Science, regarding whether or not any plant material,
the identity of which is at issue, is marijuana.
The bill also provides an opportunity for defense counsel to require full
laboratory analysis. The Department of Forensic Science is distributing
field tests to law enforcement agencies.
FAILED:
- HB 157: Virginia Biased-Based Policing and Traffic Statistics
Reporting Act. Requires the Department of State Police to develop a statewide
database for collecting, correlating, analyzing, interpreting, and reporting
data and information generated related to certain traffic stops. FAILED,
but it is expected to be reintroduced in 2007.
- HB 546: Concealed handgun permits; retired law-enforcement officers. Provides
an appeal process for retired local law-enforcement officials denied written
proof of consultation to carry a concealed handgun. If the chief law-enforcement
officer denies the proof to the retired officer, the retired officer may
appeal to the attorney for the Commonwealth. FAILED.
- HB 899: Temporary detention process; transportation by sheriffs. Specifies
that temporary detention orders shall require the sheriff of the appropriate
jurisdiction to execute the order and transport the person subject to the
order. However, the order may request the assistance of other law-enforcement
agencies if the sheriff is unable to execute the order or provide transportation.
FAILED.
- HB 1159: High-speed pursuit policy. Provides that on and after
January 1, 2007, every law-enforcement agency in the Commonwealth that is
or may be engaged in emergency response and vehicle pursuits shall adopt
a written policy that sets forth the manner in which such operations shall
be conducted. FAILED – but this bill could return in 2007. Agencies
are recommended to have written policies in place.
- HB 1181: Department of Criminal Justice Services; canine unit certification. Requires
the Department of Criminal Justice Services to certify all canine units used
by law-enforcement agencies in the Commonwealth. The bill sets forth procedures
for certifying canine units for narcotics detection, explosives detection,
and patrol. FAILED – an informal study may be conducted in advance
of this bill being reintroduced in 2007.
- HB 1337: Civil immunity; retired law-enforcement officer. States
that a retired law enforcement officer, not acting in the scope of his employment,
has civil immunity for actions he may take in the response to an emergency
or to thwart the commission of a crime. FAILED.
CRIMES AND OFFENSES
PASSED:
- HB 25: False identification to law-enforcement officer; penalty. Provides
that any person who falsely identifies himself to a law-enforcement officer
with the intent to deceive the law-enforcement officer as to his real identity
after having been lawfully detained and being requested to identify himself,
is guilty of a Class 1 misdemeanor.
- HB 58: Education; Internet safety instruction. Adds to the acceptable
Internet use policies developed by the division superintendents a requirement
that such policies include a component on Internet safety for students that
is integrated in a division's instructional program. The measure contains
an enactment clause providing that within 45 days of the enactment of the
act, the Superintendent of Public Instruction must issue a superintendent's
memorandum advising school divisions of the provisions in the act and encourage
cooperation with local law enforcement agencies in its implementation.
- HB 588: Crimes; brandishing a machete; penalty. Makes it illegal
to brandish a machete, with a 12 inch blade or longer, with intent to intimidate,
and includes such offense as one of the predicate criminal acts that defines
street gang activity. The penalty for a violation of this section is
a Class 1 misdemeanor, or if the violation occurs on or within 1,000 feet
of any public, private, or religious school, a Class 6 felony. The
bill makes an exception for excusable or justifiable self-defense. This
bill is identical to SB 183.
- HB 372: Protests at funerals. Punishes the disruption of a funeral
or memorial service as disorderly conduct, a Class 1 misdemeanor.
- SB 200/HB 340: Control of dangerous and vicious dogs; registry; penalty.
Requires the control of dangerous dogs within a statewide mandated framework.
The bill imposes criminal penalties ranging from a Class 2 misdemeanor
to a Class 6 felony for violations that result in injury to a person or death
to a cat or dog. The bill expands the authority to petition a court to find
a dog dangerous to any law-enforcement officer and makes that petition mandatory.
A Virginia Dangerous Dog Registry is created to be maintained by the State
Veterinarian; any change in the status of a dangerous dog is to be promptly
submitted in writing. Surrender of a dog that is subject of a pending action
to animal control shall not be in lieu of prosecution. The bill also (i)
narrows the definition of "dangerous dogs" to include dogs that
inflict injury to another cat or dog requiring the animal to be euthanized
while also broadening safe harbor provisions; (ii) requires that a dog
that has been found to be dangerous or vicious shall be spayed or neutered;
and (iii) requires liability insurance in the amount of $100,000 to
be purchased by the owner of a dangerous dog, or in lieu of the insurance
policy the owner may obtain a surety bond. This bill is identical to HB 340
and HB 1039.
- HB 1013: False identification cards used for establishing Virginia residency;
penalty. Punishes the possession, manufacture, etc. of false
identification cards with the intent to use same as evidence of legal
presence in the United States or as evidence of Virginia residency as
a Class 6 felony. Raises the penalty for possession without such intent
from a Class 2 to a Class 1 misdemeanor.
- HB 1040: Sale of pseudoephedrine by pharmacist; limits on purchase
of pseudoephedrine; penalty. Provides that no more than 3.6 grams
of either ephedrine or pseudoephedrine may be sold daily to an individual
in a retail sale and that retail personnel shall be instructed in special
procedures to be used in the sale of products containing such drugs. Effective
September 30, 2006, when a substance containing such drugs is provided or
sold it shall be displayed behind a sales counter or in a locked case and
the purchaser must present a photo ID. If more than one package is
purchased, the purchaser must sign a log maintained by the seller. The
penalty for violation of these provisions is a Class 1 misdemeanor. This
bill is identical to SB 146.
- SB 100: Alcoholic beverage control; alcohol vaporizing devices prohibited;
penalty. Prohibits any person from purchasing, offering for sale, selling
or using or offering for use any vaporized form of an alcoholic beverage
produced by an alcohol vaporizing device, including licensees of the Alcoholic
Beverage Control Board. Any person convicted of a violation of this section
shall be guilty of a Class 1 misdemeanor. The bill defines alcohol vaporizing
device as any device, machine, or process that mixes any alcoholic beverages
with pure oxygen or other gas to produce a vaporized product for the purpose
of consumption by inhalation.
- HB 1208: Alcohol beverage control; home exemption. Requires
a guest to be 21 years of age or older or to be accompanied by his parent,
guardian, or spouse in order to be served alcohol in the home of another.
This bill is identical to SB 396.
- SB 291: Human trafficking; extortion; penalty. Creates a Class 5
felony for extorting money, property or other pecuniary benefit by threatening
to report a person as being illegally present in the United States. This
bill incorporates SB 505.
- SB 378: Drive off from retail motor fuel establishment; court costs. Requires
the payment of court costs for driving off and not paying for gasoline at
a retail gas station. The penalty for violation is a civil penalty. Prosecution
for larceny is not precluded. This is a recommendation of the Committee
on District Courts.
FAILED:
- HB 487: Department of State Police; immigration laws. States that
it is the responsibility of the Governor to enter into an agreement with
federal Immigration and Customs Enforcement that would allow the Department
of State Police to enforce civil immigration laws. FAILED.
TRAFFIC SAFETY ENFORCEMENT
PASSED:
- HB106: Red or red and white warning lights on certain
vehicles. Allows
security vehicles of NASA's Wallops Flight Facility to be equipped with red
or red and white warning lights.
- HB 823: Maximum speed limit signs. Authorizes maximum speed
limit signs to be placed in certain residence districts in towns without
the approval of the county in which the town is located.
- HB 827: License plates. Prohibits use of any bracket, holder,
mounting, or frame that obscures the alpha-numeric license number, the name
or abbreviated name of the state in which the vehicle is registered, or any
decal, stamp, or other device indicating the month or year in which the vehicle's
registration expires.
- HB 366: Mopeds, motorized scooters and skateboards. Allows localities
to adopt ordinances regulating noise from mopeds and motorized scooters and
skateboards. The bill also revises the definitions of "electric power-assisted
bicycle," "moped," and “motorcycle," and defines "motorized
skateboard or scooter" and "motor-driven cycle" and limits
where motorized skateboards and scooters and motor-driven cycles may lawfully
be operated.
- SB 712: Mopeds, motorized scooters and skateboards, and motor-driven cycles. Regulates
the operation of "motorized skateboards and scooters," bans over-the-road
operation of "motor-driven cycles," and differentiates these vehicles
from motorcycles and mopeds.
- HB 1042: Causing the death of another while engaging in a vehicle race;
penalty. Provides that if a person causes the death of another person
while engaging in a vehicle race in a manner so gross, wanton and culpable
as to show a reckless disregard for human life, he is guilty of a felony
punishable by a term of confinement of not less than one nor more than 20
years, one year of which is a mandatory minimum term of confinement.
- HB 1047: Traffic lights. Allows police to use wireless telecommunications
devices in enforcement of traffic light signals.
- HB 1163: Unlawful sale of driver's licenses. Makes it a Class 1
misdemeanor for any person or entity other than the Department of Motor
Vehicles to sell, give, or distribute, or attempt to sell, give, or distribute
any document purporting to be a driver's license.
- HB 1312: Laser speed determination devices. Eliminates
the requirement that law-enforcement officers permit motorists to observe
the reading on the device.
- HB 1546: Reckless driving. Defines reckless driving as (i)
driving a motor vehicle at a speed of 20 miles per hour or more in excess
of the maximum speed limit or (ii) driving in excess of 80 miles per hour
regardless of the maximum speed limit.
- SB 90: Recording devices in motor vehicles; ownership of recorded data;
insurance policies; disclosure. Defines the vehicle owner as the owner
of any data recorded on a recording device installed in a motor vehicle.
Recorded data may only be accessed with the vehicle owner's consent, except
under the following circumstances: (i) the vehicle owner contracts with a
third party subscription service that requires access to the recorded data;
(ii) a licensed new motor vehicle dealer or a technician or mechanic at a
motor vehicle repair or servicing facility requires access to carry out normal
and ordinary diagnostics, servicing, or repair duties; (iii) the recorded
data is accessed by an emergency response provider in performing his duties;
(iv) upon authority of a court of competent jurisdiction; or (v) the recorded
data is accessed by law enforcement in the course of an investigation where
there is probable cause to believe the recording device contains evidence
relating to a violation of the laws of the Commonwealth or the United States
and such access is otherwise constitutionally permissible.
- SB 191: All-terrain vehicles and off-road motorcycles. Requires
non-dealer owners of all-terrain vehicles and off-road motorcycles powered
by gasoline or diesel engines displacing more than 50 cubic centimeters
and purchased as new on or after July 1, 2006, to title their vehicles
with DMV.
FAILED:
- Photo-Red Monitoring Authority (HB 109, HB 718, HB 961, SB 453): several
bills were introduced to reinstate the authority to use photo-red technology
to address red light running violations, all FAILED.
- HB 1456: Display of license plates. Removes the requirement
of the license plate on the front of a motor vehicle. FAILED.
- HB 1209: Safety belt systems; penalty. Makes safety
belt violations primary offenses.FAILED.
- HB 1400 Motorcycles; wearing of helmets; penalty. Limits the application
of the "motor cycle helmet law" to operators and passengers who
are less than 21 years old. FAILED in House on 42-57 votes.
- HB 1120: Radar detectors. Repeals the prohibition on use of
radar detectors. FAILED.
LEGISLATION CARRIED OVER TO 2007 GENERAL ASSEMBLY SESSION
- HB 704: County ordinances; discharge of firearms and hunting. Provides
that a county may prohibit by ordinance hunting, the discharge of firearms,
and the discharge of arrows from bows within one-half mile of a subdivision
or in an area so heavily populated as to make hunting dangerous. However,
no ordinance regulating the discharge of firearms or bows may be more restrictive
than an ordinance concerning hunting. Any ordinance adopted after January
1, 1995 concerning the discharge of firearms or hunting that is more restrictive
than the provisions of the act is invalid.
- HB 777/SB 697: Law-Enforcement Officers Procedural Guarantee Act. Makes
several changes as to the process and procedures afforded to officers under
the procedural guarantee act, clarifying several existing rights and setting
forth specific procedures for the questioning of officers and the conduct
of a disciplinary hearing. The VACP will conduct meetings in September with
supporters of this legislation to discuss the merits of the bills.
- HB 1336: Law-enforcement officers; training related to sexual assault
cases. Requires that officers receive training related to sexual
assault and sets forth minimum guidelines for what such training must include.
- HB 1348: Virginia Search and Rescue Training and Response Program. Creates
the Virginia Search and Rescue Training and Response Program within the Department
of Emergency Management to coordinate search and rescue training and response
in the Commonwealth.
- HB 1048: Illegal Immigrants; Document verification for employment.
Requires employers to obtain employment eligibility verification documentation
indicating that a prospective employee is legally eligible for employment
in the United States. Violations involving the knowing employment of persons
not legally eligible for employment in the United States, in addition to
being Class 1 misdemeanors, are punishable by a fine of $10,000.
LEGISLATIVE STUDY RESOLUTIONS
- HJ 116: Animal control officers; study. Virginia State Crime Commission
to study the need for regulation, training, funding of animal control officers.
- HJ 136: Study; juvenile justice; report. Directs the Virginia State
Crime Commission to conduct a two-year study of Virginia's juvenile justice
system. The study will focus on recidivism, disproportionate minority contact
with the justice system, improving the quality of and access to legal counsel,
accountability in the courts, and diversion.
- HJ 35: DUI Study by Crime Commission. Study; Crime Commission study of
punishment for DUI; report. Directs the Virginia State Crime Commission
to study the effectiveness of existing punishments for driving while intoxicated.
[Back to Main Page] [Word
document
Version]