Criminal Justice (Courts)

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to HB 124.

Voluntary manslaughter; penalty. Increases the penalty for voluntary manslaughter from a Class 5 felony, punishable by between one and ten years' imprisonment in a state correctional facility, to an unclassified felony punishable by imprisonment in a state correctional facility for not less than one year nor more than 20 years or, in the discretion of the jury or court trying the case without a jury, by confinement in jail for a period not exceeding 12 months or a fine of not more than $2,500, either or both.

Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay. Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to SB 144.

Aggravated murder; admission to bail; rebuttable presumption against bail; magistrates. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill. The bill requires the court to consider certain factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release. The bill also expands the information a judicial officer can consider for determining bail, including any involuntary admission or commitment order within the previous three years, and provides that any person arrested for a felony who (i) has never been convicted of a violent offense, as defined in § 19.2-297.1, but his current arrest is for a violent felony, or (ii) has been convicted within the previous 10 years of three or more offenses, provided that each such offense is a Class 1 misdemeanor or felony and that the defendant has been at liberty between such convictions, may be released only upon a secure bond. The bill requires the judicial officer to file written findings if he grants bail in certain instances. Additionally, the bill requires the chief magistrate to file a written order with the Executive Secretary of the Supreme Court if a magistrate is suspended that states the reasons for such suspension, including a failure to issue such written findings. Lastly, the bill also provides that the willful, deliberate, and premeditated killing of any person while such person is on or within a vehicle operated by a public transportation service, as defined in relevant law, is guilty of aggravated murder.

Department of Juvenile Justice; commitment of juveniles to Department; petition to extend duration of indeterminate commitment. Creates a process by which the Department of Juvenile Justice, upon determining that a juvenile currently committed to the Department should continue such commitment beyond the high end of the length of stay guidelines established by the State Board of Juvenile Justice, may petition the court that ordered a juvenile's indeterminate commitment to the Department to extend such juvenile's commitment. The bill requires the Department to file such petition at least 60 days prior to the expiration of the high end of the length of stay range, along with a report on the juvenile's progress. If the Department determines fewer than 60 days before expiration that an extension is necessary, it shall file a petition for review that includes a statement explaining the specific circumstances causing the late filing. The bill provides that the court shall schedule a hearing on the petition at which the court shall consider such progress report and may consider additional evidence as described in the bill. The bill provides that, at the conclusion of the hearing, the court shall order either that the juvenile be released or that the juvenile's period of commitment be extended for a period not to exceed six months, provided that such extension does not exceed the limitations for an indeterminate commitment provided by current law. As introduced, this bill was a recommendation of the Virginia Commission on Youth.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.