§ 19.2-8 amended. Unlawful filming, videotaping or photographing of another. Provides that a prosecution of unlawful videotaping, etc., of another may be instituted within five years following the commission of the offense. Currently, the prosecution (a misdemeanor offense) must be commenced within one year from the date of the offense. HB 314; CH. 566.

§§ 19.2-11.01 and 19.2-264.4 amended; § 19.2-295.3 added. Victim impact testimony. Requires the court to permit crime victims to testify during the sentencing portion of a felony trial regarding the impact the criminal offense has had upon their lives, upon motion of the Commonwealth's attorney and consent of the victim. HB 600; CH. 485.

§§ 19.2-46.1, 19.2-46.2 and 19.2-47.1. See § 17.1-100; HB 1114.

§ 19.2-76 amended. Capias or warrant; arrest outside county or city where charge is to be tried. Provides that the arresting officer is required to (i) bring the accused before a judicial officer for a bail hearing in either the jurisdiction in which the arrest was made or where the charge will be tried or (ii) transfer the accused to a law-enforcement officer from the jurisdiction where the charge is to be tried, who must then bring him before a judicial officer for a bail hearing. Current law requires a judicial officer in the locality where the arrest is made to conduct a bail hearing. HB 952; CH. 615.

§§ 19.2-81, 19.2-152.8, 19.2-152.9 and 19.2-152.10. See § 16.1-253.1; HB 583.

§§ 19.2-81.3, 19.2-152.8, 19.2-152.9 and 19.2-152.10. See § 18.2-119; HB 391.

§ 19.2-81.5 added. Cooperation with a law-enforcement officer. Requires all public agencies within the Commonwealth to provide to any law-enforcement agency, upon request, the address of any person for whom documentation of a valid arrest warrant or indictment is presented by the law-enforcement agency. HB 1010; CH. 436.

§ 19.2-158 amended. Revocation proceedings. Provides that when a person who is charged with a criminal offense and is not free on bail is arrested on a capias, he should be brought before the court which issued the capias or, if not in session, to the district court. SB 100; CH. 773.

§ 19.2-163 amended. Compensation of court-appointed counsel. Increases amounts paid to court-appointed counsel in circuit court cases involving felonies. The maximum fee allowed for a Class 2 felony increases from $735 to $845 in fiscal year 1999 and $882 thereafter, and for Class 3, 4, 5, and 6 felonies from $265 to $305 in fiscal year 1999 and $318 thereafter. The maximum fee payable for Class 1 felonies is unchanged. This is a recommendation of the Crime Commission. HB 948; CH. 451.

§ 19.2-163 amended. Compensation of court-appointed counsel. Requires that any statement submitted by an attorney for payments due him for indigent representation or for representation of a child shall, after the submission of the statement, be forwarded forthwith by the clerk to the Commonwealth, county, city or town, as the case may be, responsible for payment. HB 1282; CH. 440.

§ 19.2-163.2 amended. Public defender offices. Includes Patrick County within the public defender office currently serving the City of Martinsville and Henry County. HB 246; CH. 526/SB 263; CH. 519.

§ 19.2-163.2 amended. Public defender offices. Authorizes the establishment of a public defender office for the City of Charlottesville and the County of Albemarle. HB 742; CH. 530.

§ 19.2-250 amended. Jurisdiction of corporate authorities. Grants police from Chesterfield and Henrico Counties jurisdiction over offenses committed in the City of Richmond within one mile from the county line. HB 836; CH. 428.

§ 19.2-298.01 amended. Sentencing guidelines; worksheets. Clarifies that the worksheets are to be prepared in all felony cases. The use of the term "may" with references to cases tried upon a plea of guilty has led some courts to conclude that the worksheets need not be prepared, although subsection A clearly requires that the court have the worksheets. This bill is recommended by the Sentencing Commission. HB 695; CH. 200.

§ 19.2-298.01 amended. Sentencing guidelines; worksheets. Clarifies that sentencing guideline worksheets are a part of the public record of a criminal case. Because the statute refers to the fact that the worksheets are, in some respects (i.e., distribution), to be treated in the same manner as presentence reports, confusion has arisen in some circuits over the need to seal the worksheet portion of the case record (as is done with presentence reports). This bill is recommended by the Sentencing Commission. SB 357; CH. 353.

§§ 19.2-298.1 through 19.2-298.4 and 19.2-390.1 amended; § 19.2-390.2 added. Megan's law; community notification. Adds to the offenses for which registration is required: marital sexual assault; aggravated sexual battery where the victim is 13 or 14 years old, serious bodily or mental injury results or a dangerous weapon is used or threatened to be used; and breaking and entering a dwelling if done with intent to commit rape. Attempts to commit the Registry offenses involving minors or to commit sexually violent offenses will also require registration. The bill adds a reference to the statute which specifically governs attempted rape, forcible sodomy or object penetration to the list of sexually violent offenses and adds attempt to commit aggravated sexual battery to the list of offenses for which registration is required. Attempts were apparently inadvertently not included in these two categories last year, although they were included in the other Registry offenses. Jurisdiction over the offense of failing to register is specifically granted to the State Police, and jurisdiction for a prosecution is specified to be in the county or city where the offender last registered or reregistered or, if he failed to register, where the last offense took place. The bill allows persons convicted of two offenses for which registration is required to be treated as sexually violent offenders, subject to the more stringent reregistration requirements. The State Police are required to develop an Internet-accessible site for public access to Registry information on violent sexual offenders. For other offenders subject to registration, individual-specific requests can be made of the State Police, either directly or through local law enforcement. The Department may charge a fee to cover the costs of maintaining the Registry and developing and maintaining the Internet site. Additionally, the Department is to establish an electronic notification system which would allow certain entities providing care services to children to receive notice whenever a sex offender who lives in the zip code area in which the entity is located, or in a contiguous zip code area, registers with the State Police. Dissemination of Registry information with the intent to intimidate or harass is made punishable as a Class 1 misdemeanor. This bill is recommended by the Virginia State Crime Commission. HB 570; CH. 834/SB 369; CH. 785.

§§ 19.2-299 and 19.2-299.2. See § 18.2-251; HB 664/SB 317.

§§ 16.1-299.1 and 19.2-310.2 through 19.2-310.5 amended. Criminal procedure; DNA analysis and databank. Allows for the collection of saliva or tissue samples from felons for DNA analysis as an alternative to the collection of blood samples. SB 208; CH. 280.

§ 19.2-353.3 amended. Payment of fines, etc., to clerks. Allows any circuit court clerk to use his discretion to accept credit cards for the payment of fines and costs. Currently, only those clerks of the circuit courts named in the Code section have such discretion. HB 1045; CH. 720/SB 11; CH. 731.

§§ 19.2-354 and 46.2-395 amended. Failure to pay fines and costs; license suspension. Expands application of the current law to clarify that when a check bounces or a credit card company refuses payment, the person has failed to pay and the license suspension provisions are invoked. Because the failure to pay under these circumstances occurs sometime after the conviction (e.g., when the check bounces), the person is to be given notice of the failure and of his opportunity to avoid the suspension by making payment in full by cash, cashier's check or certified check within 10 days of the date of the notice. The bill also specifically requires that persons who are authorized to make installment or deferred payments of fines, costs, etc., keep the court apprised of any change of address occurring during the period when payments will be made. This bill is recommended by the Committee on District Courts. HB 530; CH. 831.

§§ 19.2-368.2, 19.2-368.3 19.2-368.5, 19.2-368.5:1, 19.2-368.6 and 19.2-368.11:1 amended; § 19.2-368.3:1 added. Compensation for Victims of Crime Act. Broadens the list of compensable crimes for victims who suffer emotional injuries to include all violent felonies as defined and used by the Criminal Sentencing Commission; expressly includes persons injured or killed as a result of foreign terrorism so they are eligible for compensation; increases from 180 days to one year, from the occurrence of the crime or death of the victim, the amount of time that a victim of crime or someone on his behalf has to file a claim; increases the amount of time a victim of crime has to perfect a claim from 90 to 180 days after written notice of defect; increases the statutory cap for allowable funeral expenses from $2000 to $3500; and adds reasonable and necessary moving expenses, not to exceed $500, to the list of compensable services that an award may include. The bill also creates a rebuttable presumption that the claimant did not contribute to and was not responsible for the infliction of his injury. The position of crime victims' ombudsman is established to facilitate the review and resolution of claims and assure that crime victims' rights are safeguarded. The bill is recommended by the Crime Commission. HB 571; CH. 484.

§ 19.2-389 amended. Criminal history records checks. Provides that nonprofit private colleges and universities, as well as public colleges and universities, may access criminal history record information on individuals for the purpose of screening individuals who are offered or accept employment. HB 333; CH. 405/SB 291; CH. 445.

§ 19.2-389. See § 22.1-296.3; HB 859.

§§ 19.2-389 and 37.1-197.2 amended. Criminal background checks. Adds personnel directors serving community service boards (CSBs) and behavioral health authorities to the list of those eligible to receive criminal background checks, including child abuse registry checks, required by CSBs and behavioral health authorities for individuals who are applying for jobs with direct client interaction. The bill also provides that the local government in those jurisdictions where the CSB is a local department may opt to pay the cost of the check for the prospective employee. HB 1336; CH. 882.

§ 19.2-398 amended. Appeals by the Commonwealth. Acknowledges in the portion of the Code regarding pretrial appeals by the Commonwealth that the Commonwealth also has the right to seek review by the Supreme Court of a case on appeal to and decided by the Court of Appeals. HB 290; CH. 251.