Rep. Robert B. Bell

Commending Harold Wright, Jr.

Commemorating the life and legacy of Dr. RobertRussa Moton.

Study; Department of Criminal Justice Services;colored warning lights; report. Requests the Department of CriminalJustice Services to study the use of certain colored warning lights on emergency response vehicles.

Capital murder; punishment. Provides thatany person convicted of capital murder involving the willful, deliberate,and premeditated killing of a person in the commission of, or subsequentto, rape or attempted rape, forcible sodomy, or attempted forciblesodomy or object sexual penetration, and who was 18 years of ageor older at the time of the offense, shall be sentenced to no lessthan a mandatory minimum term of confinement for life.

Orders of restitution; enforcement. Providesthat an order of restitution shall be docketed in the name of theCommonwealth on behalf of a victim, unless the victim named in theorder of restitution requests in writing that the order be docketedin the name of the victim. The bill provides that an order of restitutiondocketed in the name of the victim shall be enforced by the victimas a civil judgment. The bill also states that the clerk of suchcourt shall record and disburse restitution payments in accordancewith orders of restitution or judgments for restitution docketedin the name of the Commonwealth. The bill provides that at any timebefore a judgment for restitution docketed in the name of the Commonwealth is satisfied, the court shall, at the written request of the victim,order the circuit court clerk to execute and docket an assignmentof the judgment to the victim and remove from its automated financialsystem the amount of unpaid restitution.

Capital murder; punishment. Provides thatany person convicted of capital murder involving the willful, deliberate,and premeditated killing of a person under the age of 14 by a personage 21 or older shall be sentenced to no less than a mandatory minimumterm of confinement for life.

Students who receive home instruction; participationin interscholastic programs. Prohibits public schools from joiningan organization governing interscholastic programs that does notdeem eligible for participation a student who (i) receives home instruction;(ii) has demonstrated evidence of progress for two consecutive academicyears; (iii) is in compliance with immunization requirements; (iv)is entitled to free tuition in a public school; (v) has not reachedthe age of 19 by August 1 of the current academic year; (vi) is anamateur who receives no compensation but participates solely forthe educational, physical, mental, and social benefits of the activity;(vii) complies with all disciplinary rules and is subject to allcodes of conduct applicable to all public high school athletes; and(viii) complies with all other rules governing awards, all-star games,maximum consecutive semesters of high school enrollment, parentalconsents, physical examinations, and transfers applicable to allhigh school athletes. The bill provides that no local school boardis required to establish a policy to permit students who receivehome instruction to participate in interscholastic programs. Thebill permits reasonable fees to be charged to students who receivehome instruction to cover the costs of participation in such interscholasticprograms, including the costs of additional insurance, uniforms,and equipment. The bill has an expiration date of July 1, 2025.

Violation of protective orders; assault andbattery. Removes the requirement that a violation of a protectiveorder involving an assault and battery that is committed by the respondentagainst a protected party result in a bodily injury for the enhancedpenalty to apply.

Killing the fetus of another; manslaughter;penalties. Provides that any person who kills the fetus of anotherby an intentional act committed while in the sudden heat of passionupon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that anyperson who kills the fetus of another accidentally, contrary to theintention of the parties and while engaged in conduct so gross, wanton,and culpable as to show a reckless disregard for human life, is guiltyof involuntary manslaughter, which is also punishable as a Class5 felony.

Exhaust system; aftermarket exhausts. Authorizesthe use of aftermarket exhaust systems in motor vehicles, providedthat such system is appropriate for the motor vehicle and preventsa level of noise above the accepted industry standard. The bill requiresthe Department of State Police to enact and maintain regulationssetting an industry standard noise level for exhaust systems.