§ 19.2-8. See § 3.1-796.76; SB 851.

§ 19.2-11.01. See § 18.2-67.9; HB 2058.

§§ 19.2-11.01 and 19.2-265.01 amended. Exclusion of victims. Requires a proffer of the nature of a victim's testimony whenever the Commonwealth or the accused moves the court to exclude a victim as a material witness if the victim objects to exclusion. Upon finding that the expected testimony is material, the court may exclude the victim. SB 370; CH. 844.

§ 19.2-11.01 amended. Crime victims. Requires law-enforcement personnel to provide victims with a standardized form stating the specific rights afforded crime victims and including a telephone number by which the victim can receive further information and assistance in securing those rights. SB 1011; CH. 702.

§ 19.2-37 amended.

Magistrates; residence. Removes the current statutory requirement that a magistrate be a resident of the judicial district for which he is appointed and the exceptions from this requirement created for Arlington, Fairfax, Prince William, Alexandria, and Norfolk. This bill is recommended by the Committee on District Courts. HB 701; CH. 267.

§ 19.2-71 amended.

Issuance of process for the arrest of a person for capital murder. Provides that no law-enforcement officer shall seek issuance of process by any judicial officer for the arrest of a person for the offense of capital murder, without prior authorization by the attorney for the Commonwealth. This change is intended to limit the fees paid to court-appointed counsel for representation in a capital murder case when the case never proceeds as such. SB 903; CH. 266.

§§ 8.01-508, 16.1-135, 18.2-308.1, 18.2-308.2, 18.2-308.4, 19.2-119, 19.2-120, 19.2-121, 19.2-123, 19.2-124, 19.2-125, 19.2-127, 19.2-132, 19.2-150, 19.2-152.2, 19.2-152.3, 19.2-152.4, 19.2-158, 19.2-186, 19.2-398, 19.2-406, 46.2-936 and 53.1-109 amended; § 19.2-80.2 added; § 19.2-126 repealed.

Penalty and bail for unlawful possession of firearms. Provides that any person convicted of (i) possessing a firearm on school grounds with the intent to use it, or displaying it in a threatening manner, (ii) possessing a firearm after having been previously convicted of a violent felony, or (iii) simultaneously possessing a firearm and drugs with intent to sell, shall not be eligible for probation and shall be sentenced to a minimum, mandatory term of imprisonment of five years, which shall not be suspended in whole or in part and which shall be served consecutively with any other sentence. The minimum, mandatory term is reduced to two years if the previously convicted felon's prior felony was nonviolent. The bill also broadly amends the bail procedure by requiring an arresting officer to provide, to the extent possible, to a judicial officer the criminal history record of an arrestee; requiring a judicial officer to attempt to obtain such record; and creating a rebuttable presumption that a person should be denied bail if charged with any of certain defined acts of violence and drug and sexual offenses, a crime for which life imprisonment or the death penalty is prescribed, any felony if previously twice convicted of the sexual or violent offenses and certain firearm offenses, or any felony committed while on bail prior to a felony trial or sentencing. Current law does not create a presumption of no bail for the firearm offenses, or the offenses measured by penalty or prior offenses, or for a felony committed while on bail. The bill removes the 16-year "lookback" period which a judicial officer may investigate for prior offenses upon which the no-bail presumption is currently based. The bill requires a judicial officer, when setting bail, to consider, in addition to factors existing in the law now, whether the accused is likely to obstruct justice or attempt to obstruct justice or intimidate witnesses or jurors, etc. The bill also expands the list of conditions of release which may be imposed upon a person admitted to bail. The bill allows an attorney for the Commonwealth to appeal any bail decision made by a court over his objection and, upon motion and notice to the accused admitted to bail, to reopen the issue of bail in order to seek to revoke it. HB 1691; CH. 829/SB 820; CH. 846.

§ 19.2-81.3. See § 18.2-57.2; HB 1801/SB 848.

§ 19.2-81.3. See § 18.2-57.2; SB 1069.

§ 19.2-112 amended.

Extradition. Requires a fugitive to pay the costs of extradition into the state treasury. HB 2373; CH. 322.

§§ 19.2-128 and 19.2-319 amended.

Release on bail after conviction. Provides that if a person is to be released on bail following his conviction for a violent felony, the court shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public. The bill also provides that a person who fails to appear after having been released on bail following his conviction and pending his sentencing shall be punished in the same fashion as a person charged and released on bail prior to trial. HB 86; CH. 821.

§ 19.2-151 amended; § 18.2-57.3 added. Assault and battery against a family member. Provides that guilty defendants not previously convicted of assault and battery against a family member may be placed on probation and enter treatment and education programs. Charges may be dismissed upon successful completion of probation but count as a conviction in subsequent proceedings. SB 1166; CH. 963.

§§ 19.2-152.8, 19.2-152.9 and 19.2-152.10 amended.

Protective order in cases of stalking. Specifies that a protective order issued pursuant to a case of stalking may specifically prohibit contact of any kind by the respondent with the petitioner or petitioner's family. HB 1874; CH. 371.

§ 19.2-165.1 amended.

Payment of medical fees; criminal cases. Provides that all medical fees involved in the gathering of evidence for criminal cases of child abuse, malicious wounding, assault and battery and homicide will be paid by the Commonwealth out of the appropriation for criminal charges. SB 1159; CH. 853.

§§ 19.2-169.3 and 19.2-174.1. See § 37.1-134.21; HB 1775/SB 845.

§ 19.2-182.7 amended. Not guilty by reason of insanity. Provides that an acquittee who is on conditional release and violates the provisions of the conditional release order but does not require inpatient hospitalization may be held in contempt of court for violating the order. HB 2366; CH. 746/SB 976; CH. 700.

§ 19.2-187 amended.

Admission into evidence of certain certificates of laboratory analysis. Provides that a certificate of analysis may be used as evidence if a copy of such certificate is mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused at least seven days prior to the hearing or trial upon request made by such counsel to the clerk with notice of the request to the attorney for the Commonwealth. Current law does not require the notice to the attorney for the Commonwealth. HB 1468; CH. 296.

§§ 19.2-298.01, 19.2-368.2 and 30-19.1:5 amended.

Virginia Criminal Sentencing Commission. Changes cross-references to the Commission to reflect the recodification of Title 17. SB 927; CH. 286.

§ 19.2-298.1. See § 18.2-374.1:1; HB 1760.

§ 19.2-298.1 amended. Sex Offender Registry. Requires probation or parole officers to notify the State Police whenever one of their probationers or parolees required to register changes residence, if the officer becomes aware of the change of address. HB 1867; CH. 662.

§§ 18.2-472.1, 19.2-298.1, 19.2-298.4, 19.2-390.2, 53.1-1 amended.

Sex offender registration. Requires registration by nonresidents who enter the Commonwealth to attend school, carry on a vocation or become employed if they would be required to register if they were a resident of the Commonwealth or if they are required to register in their home state. The bill also allows the guardian of an offender incapable of reoffending and reregistering to petition the convicting court for termination of the requirement to reregister. A medical assessment and hearing are required. The Department of State Police is required to annually verify and report to the attorney for the Commonwealth that the offender continues to suffer from the physical condition that allowed termination of the duty to register. Day-care and child-minding services are added to the list of entities that are eligible to receive notice of registration or reregistration of an offender within the same or a contiguous zip code. The bill expands the offenses for which registration is required, to include sexual battery and attempted sexual battery. There are also technical amendments. SB 760; CH. 845.

§ 19.2-298.1 amended.

Sex Offender Registry. Requires any Virginia resident or person convicted in Virginia of a violation of the Mann Act (interstate commerce or travel in interstate commerce for the purpose of engaging in certain illegal sexual acts) to register in Virginia. SB 874; CH. 801.

§ 19.2-299 amended.

Presentence investigations and reports. Provides that presentence investigations and reports shall be required only when the defendant pleads guilty without a plea agreement or after a finding of guilty by the court after a plea of not guilty. Last year's amendments, to become effective July 1, 1999, mandate a presentence report in every case (including, implicitly, plea agreements). This change would allow a court to issue a sentence agreed upon in a plea agreement without the report and an additional hearing. HB 1446; CH. 903.

§§ 19.2-299 and 19.2-299.2. See § 18.2-251.01; HB 2159/SB 1077.

§§ 19.2-303.3, 53.1-181, 53.1-182, 53.1-182.1 amended; § 53.1-184.2 repealed. Comprehensive Community Corrections Act for Local Responsible Offenders. Makes technical amendments designed to reduce misinterpretation and confusion in implementing this program. HB 1893; CH. 372.

§ 19.2-368.3. See § 2.1-116.05; HB 1985/SB 1023.

§ 19.2-389 amended. Dissemination of criminal history record information. Provides that criminal history record information shall be supplied at no charge for a person who has applied to be a volunteer with any affiliate of Prevent Child Abuse, Virginia. Current law allows for such information without charge for a Virginia affiliate of Big Brothers/Big Sisters of America, a volunteer fire company or volunteer rescue squad or the Volunteer Emergency Families for Children. HB 2315; CH. 383.

§ 19.2-389.

See § 37.1-20.3; HB 2572.