Summary: Activation of fire alarms; reimbursement of expenses; penalty. Removes the condition that a building must be for public use in order for the Class 1 misdemeanor for maliciously activating a building's fire alarm to apply. The bill authorizes any locality to provide by ordinance that a person convicted of maliciously activating a fire alarm shall be liable for the reasonable expense in responding to such a fire alarm. Current law allows such an ordinance to impose liability for the reasonable expense of an emergency response to an imitation version of a weapon of terrorism, fire bomb, other explosive device, bomb threat, or incitement of a bomb threat. The bill increases the maximum amount that a locality or volunteer emergency medical services agency may recover under such an ordinance from $1,000 to $2,500. This bill is identical to SB 1054.

Summary: Definition of sales draft; credit card offenses; penalty. Includes within the definition of "sales draft," with regard to offenses relating to credit cards, the electronic form evidencing a purchase of goods, services, or a thing of value. A person convicted of forgery of such a sales draft is guilty of a Class 5 felony.

Summary: Personal appearance by two-way electronic videoand audio communication. Requires any court to use two-way electronicvideo and audio communication, if available, in any pre-trial proceedingto determine bail or representation by counsel that would otherwiserequire the transportation of a person in order to appear in personbefore the court. Under current law, only district courts are requiredto use such communication to conduct these pre-trial proceedings andonly if the person would have to be transported from outside the jurisdictionof the court conducting the proceeding.

Summary: Delayed appeals in criminal cases; assignment of errors dismissed in part. Provides that an appellant may file a motion for leave to pursue a delayed appeal in a criminal case in the Court of Appeals of Virginia when the appeal was dismissed, in whole or in part, for a failure to (i) initiate the appeal; (ii) adhere to proper form, procedures, or time limits in the perfection of the appeal; or (iii) file the indispensable transcript or written statement of facts, even if other parts of the appeal were refused on the merits. Under current law, an appellant may not pursue a delayed appeal in such a case if part of the appeal was refused on the merits. The bill also provides that an appellant may file a motion for leave to pursue a delayed appeal in a criminal case that is appealed to the Supreme Court of Virginia from the Court of Appeals of Virginia for those assignments of error that were dismissed because they did not adhere to a proper form, even if other assignments of error were refused on the merits. As introduced, this bill was a recommendation of the Judicial Council of Virginia. This bill is identical to SB 853.

Summary: Procedure when aliens convicted of certain felonies;forms. Requires an alienage determination made by a probationor parole officer to be submitted to the Central Criminal RecordsExchange of the Department of State Police (Exchange) in a formatapproved by the Exchange. Current law requires the Exchange to providereporting forms to the probation and parole officers.

Summary: Possession of child pornography by employees of the Department of Social Services. Provides that an employee of the Department of Social Services or a local department of social services may, in the course of conducting his professional duties, lawfully possess child pornography for a bona fide purpose.

Summary: Presentence report; waiver by defendant. Expands from guilty to guilty or nolo contendere the pleas for which a court is required to direct a probation officer to create a presentence report upon conviction for certain felonies. The bill provides that upon a conviction or plea agreement for such felonies, the defendant and the attorney for the Commonwealth may waive the presentence report.

Summary: Conspiracy; incitement, etc., to riot; public safety personnel; penalty. Provides that any person who conspires with others to cause or produce a riot against, or directs or incites other persons who participate in a riot to acts of force or violence against, a law-enforcement officer, firefighter, volunteer firefighter, or emergency medical services personnel, engaged in the performance of his public duties, or a member of the Virginia National Guard or the Virginia Defense Force on official state or federal duty is guilty of a Class 3 felony. The bill also eliminates the existing provision that prohibits any person from soliciting other persons to participate in a riot.

Summary: Presentence reports; access by work releaseprograms. Authorizes the court to provide a copy of a presentencereport to the director or administrator of a work release programif the person who is the subject of the report is under considerationfor participation in such program.

Summary: Executive Secretary of the Supreme Court; caseinformation system. Requires the Executive Secretary to maintaina free online statewide name-searchable case information system ofall criminal cases in the circuit courts, general district courts,and adult criminal cases in the juvenile and domestic relations districtcourts of the Commonwealth.

Summary: Search warrants; customer records from financial institutions. Provides that a search warrant for records pertaining to a customer of a financial institution, money transmitter, commercial business that provides credit reports, or credit card issuer may be executed in the Commonwealth by hand, mail, commercial delivery service, facsimile, or other electronic means. The bill requires the executing officer to file the warrant in the circuit court clerk's office where the warrant was executed within three days after receiving the ordered records. The bill eliminates the requirement that a copy of the warrant be filed where the warrant was issued for all search warrants. The bill provides that the search warrant will be considered executed in the jurisdiction where the entity on which the warrant is served is located. This bill is identical to SB 1310.

Summary: Capital cases; replacing certain terminology. Replaces the term "mental retardation" in all of its various iterations with a corresponding iteration of the term "intellectual disability" for purposes of the statutes governing capital cases. The U.S. Supreme Court has held in Hall v. Florida, 134 S. Ct. 1986 (2014), that the terms describe the identical phenomenon. This bill is a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1352.

Summary: Admissibility of business records; criminalproceedings. Extends to criminal proceedings the existing proceduresin civil proceedings for the authentication and foundation necessaryfor the admission of a business record under the business recordsexception to the rule against hearsay.

Summary: Assault and battery; health care providers; penalty. Expands the penalty for battery against a health care provider who is engaged in the performance of his duties to apply in hospitals or in emergency rooms on the premises of any clinic or other facility rendering emergency care. Under current law, the penalties only apply to a battery against an emergency health care provider. The bill requires the Department of Health to work with stakeholder groups to develop guidelines regarding the publication of penalties for battery on a health care provider and for the training of health care professionals and providers in violence prevention programs. This bill is identical to SB 973.

Summary: Possession of controlled substances. Listspossession of certain controlled substances (buprenorphine, cocaine,codeine, fentanyl, heroin, hydrocodone, hydromorphone, methadone,methamphetamine; methylphenidate, morphine, and oxycodone) as separateoffenses under the existing crime of possession of controlled substancesfor the purpose of having the Virginia Criminal Sentencing Commissionpromulgate separate Virginia crime codes for such offenses. The billdoes not alter the existing penalty for possession of these substances.

Summary: Ignition interlock violations; venue. Providesthat venue for the prosecution of any offense of (i) tampering orattempting to circumvent an ignition interlock system, (ii) startinga motor vehicle equipped with an ignition interlock for a person prohibitedfrom operating a motor vehicle not equipped with an ignition interlock,or (iii) furnishing a motor vehicle not equipped with an ignitioninterlock to a person prohibited from operating a motor vehicle notequipped with an ignition interlock shall lie in the county or cityin which (a) the offense was committed, (b) the defendant resides,or (c) the order prohibiting a person from operating a motor vehiclethat is not equipped with a functioning ignition interlock systemwas entered.

Summary: Division of Capitol Police; arrest without warrant.Adds members of the Division of Capitol Police to the list of officersauthorized to arrest without a warrant in certain situations.

Summary: Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. This bill is identical to SB 1347.

Summary: Preliminary hearing; certification of ancillarymisdemeanors; fees and costs. Provides that if, pursuant to apreliminary hearing, a district court certifies a felony offense andany ancillary misdemeanor offense for trial in circuit court, feesand costs shall be assessed against the accused in the same manneras if a final judgment had been entered by the district court on themisdemeanor offense.

Summary: Appeal to circuit court; failure to appear.Provides that if any person convicted of a misdemeanor in a generaldistrict court, a juvenile and domestic relations district court,or a court of limited jurisdiction perfects an appeal and (i) failsto appear in circuit court at the time for setting the appeal fortrial, (ii) fails to appear in circuit court on the trial date, or(iii) absconds from the jurisdiction, the circuit court shall enteran order affirming the judgment of the lower court, and the clerk shall tax the costs as provided by statute.

Summary: Fare enforcement inspectors. Provides for the appointment of fare enforcement inspectors to enforce payment of fares for use of mass transit facilities operated anywhere in the Commonwealth. Currently, fare enforcement inspectors may be appointed only in Planning District 8 (Northern Virginia). Under current law, failure of a transit user to pay the fare or produce proof of fare payment to such fare enforcement inspectors carries a civil penalty of not more than $100. This bill is identical to SB 1172.

Summary: Qualified trustee of self-settled spendthrift trusts. Allows any legal entity authorized by law to act as a trustee to serve as a qualified trustee of a self-settled spendthrift trust. Under current law, only a natural person who resides in the Commonwealth or a legal entity authorized to engage in trust business (i.e., a bank or trust company) may serve as a qualified trustee. The bill would expand the definition of "independent qualified trustee" and "qualified trustee" to include entities such as law firms and charitable organizations, when such entities are authorized by law to act as trustees.

Summary: Custody and visitation orders; parenting time. Provides that the court, in its discretion and as to a parent, may use the phrase "parenting time" to be synonymous with the term "visitation" in a custody or visitation order.

Summary: Attorney discipline; procedures. Conforms the statutory procedures for disciplining attorneys to the Rules of Supreme Court of Virginia. This bill is identical to SB 874.

Summary: Child support orders; special needs trust; ABLE savings trust account. Provides that, upon the request of either party, a court may order that support payments be made to a special needs trust or an ABLE savings trust account.

Summary: Circuit court clerks; electronic transfer of certain documents. Permits circuit court clerks to transfer electronically, or provide electronic access to, documents related to certain real property information to certain public officials.

Summary: Surviving spouse's elective share; homestead allowance benefit. Provides that if a surviving spouse of a decedent dying on or after January 1, 2017, claims and receives an elective share, the homestead allowance available to the spouse shall be in addition to any benefit or elective share passing to such surviving spouse. The bill provides consistency with other provisions of Article 1.1 (§ 64.2-308.1 et seq.) of Chapter 3 of Title 64.2, which governs the elective share of the surviving spouse of a decedent dying on or after January 1, 2017, which was enacted in 2016. The bill contains an emergency clause. This bill is identical to SB 1177.

Summary: Order of publication; use of electronic medium. Provides that a court may direct that an order of publication be electronically posted using an electronic medium chosen by the court, in lieu of directing such order be published in a newspaper.

Summary: Uniform Fiduciary Access to Digital Assets Act. Creates the The bill allows fiduciaries to manage digital property such as computer files, web domains, and virtual currency, and restricts a fiduciary's access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015. This bill is identical to SB 903.

Summary: Legal malpractice; estate planning. Provides that the statute of limitations for legal malpractice related to estate planning is five years if the legal representation was based on a written contract and three years if the legal representation was based on an unwritten contract. The bill provides that the accrual date for such an action is the date of completion of the representation. The bill further provides that a person who is not party to the representation shall have standing to maintain such an action only if there is a written agreement between the individual who is the subject of the estate planning and the defendant that expressly grants standing to such person. This bill is in response to Thorsen v. Richmond Society for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016) and is identical to SB 1140.

Summary: Nonexoneration of debts on property of decedent; notice to creditor and beneficiaries. Provides a procedure by which a personal representative of a decedent's estate may notify a creditor of a debt on certain property in the decedent's estate that such property passes without the right of exoneration. The bill provides the method by which such notice shall be sent. The bill provides that if such procedure is used, the creditor may file a claim for such debt with the commissioner of accounts, and if the creditor does not timely file such claim, the personal representative shall be liable for the debt up to an amount not exceeding the assets of the decedent remaining in possession of the personal representative and available for application to the debt. The bill does not have an effect on either the liability of the estate for such debt to the extent of the decedent's assets remaining at the time a claim is filed or the liability of the beneficiaries that receive the decedent's assets to the extent of such receipt. This bill is identical to SB 1176.

Summary: Report of money kept by clerk; money held recorded in civil law book; recording in the order book. Requires the clerk to make available to the Auditor of Public Accounts a copy of the annual report that the clerk is currently required to provide to the court regarding the receipt of money by the clerk. The bill further directs the clerk to record (i) trust fund orders and (ii) the annual trust fund report regarding the receipt of money in the civil order book. The bill removes the requirement that such recordings are in addition to, but not in lieu of, any other required recording.

Summary: Disclosure of insurance policy limits; homeowners or personal injury liability insurance; personal injury and wrongful death actions. Allows an injured person, the personal representative of a decedent, or an attorney representing either to request the disclosure of the liability limits of a homeowners insurance policy or personal injury liability insurance policy prior to filing a civil action for personal injuries or wrongful death from injuries sustained at the residence of another person. The party requesting this information shall provide the insurer with (i) the date the injury was sustained; (ii) the address of the residence at which the injury was sustained; (iii) the name of the owner of the residence; (iv) the claim number, if available; (v) for personal injury actions, the injured person's medical records, medical bills, and wage-loss documentation pertaining to the injury; and (vi) for wrongful death actions, (a) the decedent's death certificate; (b) the certificate of qualification of the personal representative of the decedent's estate; (c) the names and relationships of the statutory beneficiaries of the decedent; (d) medical bills, if any; and (e) a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The bill provides that in personal injury actions, the insurer only has to disclose liability limits if the amount of the injured person's medical bills and wage losses equals or exceeds $12,500. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy. This bill is a recommendation of the Boyd-Graves Conference.

Summary: Form of garnishment summons; maximum portion of disposable earnings subject to garnishment. Provides that the form of garnishment summons will state that an employee who makes the minimum wage or less for his week's earnings will ordinarily get to keep 40 times the minimum hourly wage when such earnings are subject to a garnishment, not 30 times as stated in Title 8.01, Civil Remedies and Procedures. The bill is intended to reflect the current statutory requirement for exemptions in Title 34, Homestead and Other Exemptions, and is technical in nature. The bill further directs the Office of the Executive Secretary of the Supreme Court to update the form of garnishment summons accordingly. This bill is identical to SB 1333.

Summary: City of Richmond general district court; concurrent criminal jurisdiction. Provides that the separate division of the City of Richmond general district court that is operated south of the James River shall have concurrent jurisdiction over criminal matters arising in that part of the city, not exclusive jurisdiction over such matters. This bill is identical to SB 1273.

Summary: Examining and approving a statement in lieuof the settlement of accounts; fee for commissioner of accounts.Removes the provision that allows the commissioner of accounts tocharge a fee of up to $75 for the examination and approval of a statementin lieu of the settlement of accounts. This bill is a recommendationof the Judicial Council.

Summary: Effect of divorce proceedings; transfer of mattersto the juvenile and domestic relations district court; concurrentjurisdiction. Provides that, where a circuit court enters a divorcedecree and transfers certain matters to the juvenile and domesticrelations district court, the circuit court is not deprived of concurrentjurisdiction to hear such matters. The bill requires that any motionsin the circuit court filed regarding such matters be heard by thecircuit court after such transfer, unless the parties agree otherwise.The bill allows the court to transfer any matters covered by the divorcedecree to a more appropriate forum.

Summary: Online access to nonconfidential court records; date of birth verification. Provides that the Supreme Court and any other court clerk may provide online access to subscribers who have entered into an agreement with the clerk to have secure remote access to court records of nonconfidential criminal case information to confirm the complete date of birth of a defendant. This bill is identical to SB 1044.

Summary: Demurrers; amended pleadings. Requires thatan amended pleading filed after a demurrer to an earlier pleadinghas been sustained incorporate or refer to the earlier pleading beingamended in order to preserve the right to stand on the earlier pleading.This bill is a recommendation of the Boyd-Graves Conference.

Summary: Lien priority. Inserts "real estate" in several places related to the priority of tax liens so that the operative language now reads "on a parity with liens for unpaid local real estate taxes." This bill is identical to SB 920.

Summary: Board of zoning appeals. Clarifies that provisions that currently state that appeal costs may not be awarded against the locality unless it appears to the court that the locality acted in bad faith also apply to the governing body.

Summary: Severance of tenancy by the entireties by written instrument. Clarifies that a husband and wife may own real or personal property as tenants by the entirety for as long as they are married. The bill provides that, in order to sever a tenancy by the entireties by written instrument, the instrument must be a deed that is signed by both spouses as grantors of the property. This bill is in response to Evans v. Evans, Record No. 141277, 772 S.E.2d 576, 2015 Va. LEXIS 84 (2015), and, as introduced, was a recommendation of the Boyd-Graves Conference.

Summary: Foster care; reasonable efforts to prevent removal of child. Allows a local board of social services to take a child into immediate custody pursuant to an emergency removal order in cases in which the child is alleged to have been abused or neglected and allows a court to issue certain orders in such cases, without requiring that reasonable efforts be made to prevent removal of the child from his home if (i) the parental residual rights of the child's parent over a sibling were involuntarily terminated; (ii) the parent was convicted of murder or voluntary manslaughter, or a felony attempt, conspiracy, or solicitation to commit any such offense, if the victim was a child of or resided with the parent or was the other parent of the child; (iii) the parent was convicted of felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim was a child of or resided with the parent; or (iv) on the basis of clear and convincing evidence, the parent has subjected any child to aggravated circumstances or abandoned a child under circumstances that would justify the termination of residual parental rights. The bill provides that, in each permanency planning hearing and in any hearing regarding the transition of the child from foster care to independent living, the court shall consult with the child, unless the court finds that such consultation is not in the best interests of the child. The bill makes other changes related to foster care to comply with federal requirements.