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2010 SESSION

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Senate Committee on Courts of Justice
Subcommittee Criminal

Reynolds (Chairman), Norment, Howell, McDougle, Hurt, Deeds, McEachin

Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: March 4, 2010
Time and Place: 8:00 a.m., Senate Room A
NOTE: Time change

H.B. 500

Patron: Gilbert

Admissibility of certificates of analysis at preliminary hearing; at trial.  Provides that at any preliminary hearing, certificates of analysis and reports prepared by lab analysts, etc., shall be admissible without the testimony of the person preparing such certificate or report. The bill also provides that when such an analyst appears in court on the day of trial to testify, the certificate of analysis shall be admissible (over procedural objection) The bill also provides that if the defendant demands the testimony of an analyst, and is convicted, he shall pay $50 in travel costs as court costs.

H.B. 912

Patron: Bell, Robert B.

Definition of residence for the purposes of the sex offender registry.  Provides that "residence" means, for any sex offender who declares himself homeless and has no legal residence, any location designated by him, which can be located with reasonable specificity, where he spends the night.

H.B. 916

Patron: Bell, Robert B.

Commercial driver's license; disqualification.  Provides that the Commissioner shall disqualify for a period of five years any person convicted of reckless driving, a violation of any provision of § 46.2-833 (running a red light), or any other violation of Title 46.2 punishable as a Class 1 misdemeanor or felony if such violation (i) was committed while operating a commercial motor vehicle and (ii) resulted in the death of another individual.

H.B. 1198

Patron: Iaquinto

Sex offenders; registration requirements; collateral proof of conditions requiring registration; verification of residency and notice to offenders committed to the Department of Behavioral Health and Developmental Services; notice of escape from commitment or escape from jail.  The bill also provides that offenses for which a condition of registration is that the offense was committed against a minor, a physically helpless person or a mentally incapacitated person, the additional condition need not be alleged and proven at trial but may be adjudicated in a subsequent or collateral civil proceeding. The bill also provides that the residency of those offenders under the supervision of the Department of Corrections or Community Supervision pursuant to § 37.2-919 (persons committed to the Department of Behavioral Health and Developmental Services whether on conditional release or in involuntary secure inpatient treatment) shall be verified by the State Police. The bill also provides that the Department shall give notice to a sex offender committed to the Department of Behavioral Health and Developmental Services, prior to his release, of his requirement to register with the State Police as a sex offender; and that the Department shall give notice to the State Police within 12 hours if such an offender escapes from custody. The bill also provides that if a sex offender escapes from a jail, the jailer shall notify the State Police within 12 hours of the escape.