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2006
Legislative Report
(Click
HERE)
By Chip Condon
Legislative Director
2005 Session of the VA
General Assembly in review
Click
HERE

SUPPORT
Summary as introduced:
Line of Duty Act; payment of benefits. Increases from $75,000 to $100,000
the amount for which a beneficiary of a deceased person whose death occurred
while in the line of duty as the direct or proximate result of the performance
of his duty is eligible to receive.
Full text:
01/16/06 House: Presented and ordered printed
067691520
(impact statement) (Full Text of Bill)
Status:
01/16/06 House: Presented and ordered printed 067691520
01/16/06 House: Referred to Committee on
Appropriations
02/10/06 House: Read first time
02/13/06 House: Read second time and engrossed
02/14/06 House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/14/06 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
02/14/06 House: Communicated to Senate
02/15/06 Senate: Constitutional reading dispensed
02/15/06 Senate: Referred to Committee on
Finance

SUPPORT
Summary as introduced:
Retirement; benefits for certain state and local public safety officers.
Makes several changes to the retirement benefits of state and local public
safety officers and the funding of such benefits.
Deputy sheriffs. All deputy
sheriffs would become members of the Law Enforcement Officers' Retirement System
(LEOs).
State police officers. State
police officers would receive a 2.20% average final compensation retirement
multiplier and would continue to receive the additional annual supplement.
Persons provided LEOs retirement coverage.
Any member of LEOs would receive a 1.70% average final compensation retirement
multiplier and the additional annual supplement. However, such person would
receive a 2.20% average final compensation retirement multiplier (plus the
additional annual supplement) if he pays the actuarial equivalent cost of
increasing the multiplier from 1.70% to 2.20%. In addition, the person's
employer could elect to pay the actuarial equivalent cost of such increase.
Other provisions of the bill. For
any county or city that did not provide LEOs benefits to deputy sheriffs as of
January 1, 2006, such county or city shall provide such benefits to its deputy
sheriffs beginning July 1, 2006. For such counties or cities, the Compensation
Board would reimburse 100% of the county's or city's total retirement
contributions for state-responsible deputy sheriffs. However, the reimbursement
would be based upon the salaries of such state-responsible deputy sheriffs as
fixed by the Board.
Full text:
01/11/06 Senate: Prefiled and ordered printed; offered
01/11/06 069171820
(Full Text of Bill)
Status:
01/11/06 Senate: Prefiled and ordered printed; offered 01/11/06 069171820
01/11/06 Senate: Referred to Committee on
Finance
02/14/06 Senate: Reported from Finance with
substitute (15-Y 0-N)
02/15/06 Senate: Committee substitute printed 063985820-S1
02/15/06 Senate: Constitutional reading dispensed (38-Y 0-N)
02/15/06 Senate: VOTE: (38-Y 0-N)
02/16/06 Senate: Read second time
02/16/06 Senate: Reading of substitute waived
02/16/06 Senate: Committee substitute agreed to 063985820-S1
02/16/06 Senate: Engrossed by Senate - committee substitute SB393S1
02/17/06 Senate: Read third time and passed Senate (40-Y 0-N)
02/17/06 Senate: VOTE: (40-Y 0-N)
02/17/06 Senate: Communicated to House
02/24/06 House: Placed on Calendar
02/24/06 House: Read first time
02/24/06 House: Referred to Committee on Appropriations

*SUPPORT*

Summary as introduced:
Military laws; leaves of absence for employees of the Commonwealth.
Amends the definition of a "workday" for purposes of state and local employees
who miss work for military duty to mean the total number of hours regularly
worked on a shift. Current state law provides that state and local employees
are eligible for 15 paid workdays for military duty, and defines a workday as
1/260 of the total hours worked in a year for employees who do not work equal
workdays on five or more consecutive days a week.
Full text:
12/08/05 House: Prefiled and ordered printed;
offered 01/11/06 063343524
(impact statement)
Status:
12/08/05 House: Prefiled and ordered printed; offered 01/11/06 063343524
12/08/05 House: Referred to Committee on Militia, Police
and Public Safety
01/27/06 House: Reported from Militia, Police and Public
Safety (22-Y 0-N)
01/30/06 House: Read first time
01/31/06 House: Read second time and engrossed
02/01/06 House: Read third time and passed House BLOCK VOTE(99-Y 0-N)
02/01/06 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/06 House: Communicated to Senate
02/02/06 Senate: Constitutional reading dispensed
02/02/06 Senate: Referred to Committee on
General Laws and Technology

*SUPPORT*
Summary as introduced:
Criminal street gang; definitions; penalty. Expands the definition of
predicate criminal act under crimes by gangs to include threats to bomb (§
18.2-83), grand larceny (§ 18.2-95), receiving stolen property (§ 18.2-109), and
receiving money for procuring person for prostitution (§ 18.2-356).
Full text:
01/11/06 Senate: Prefiled and ordered printed;
offered 01/11/06 069823780
(impact statement) (Full Text of
Bill)
Status:
01/11/06 Senate: Prefiled and ordered printed; offered 01/11/06 069823780
01/11/06 Senate: Referred to Committee for
Courts of Justice
01/30/06 Senate: Reported from Courts of Justice
with amendments (15-Y 0-N)
01/30/06 Senate: Rereferred to Finance
02/07/06 Senate: Committee substitute printed 064639780-S1
02/07/06 Senate: Reported from Finance with substitute
(14-Y 0-N)
02/08/06 Senate: Constitutional reading dispensed (40-Y 0-N)
02/08/06 Senate: VOTE: (40-Y 0-N)
02/09/06 Senate: Read second time
02/09/06 Senate: Reading of amendments waived
02/09/06 Senate: Committee amendments rejected
02/09/06 Senate: Reading of substitute waived
02/09/06 Senate: Committee substitute agreed to 064639780-S1
02/09/06 Senate: Reading of amendments waived
02/09/06 Senate: Amendments by Senator Norment agreed to
02/09/06 Senate: Engrossed by Senate - committee substitute SB473ES1
02/09/06 Senate: Printed as engrossed 064639780-ES1
02/10/06 Senate: VOTE: (40-Y 0-N)
02/10/06 Senate: Read third time and passed Senate (40-Y 0-N)
02/10/06 Senate: Communicated to House
02/14/06 House: Placed on Calendar
02/14/06 House: Read first time
02/14/06 House: Referred to Committee for Courts of
Justice
02/16/06 House: Assigned Courts sub: Criminal
Law

*SUPPORT*
Summary as introduced:
Impersonating law-enforcement officer or misrepresenting vehicle; penalty.
Provides that it is a Class 6 felony to impersonate a law-enforcement officer or
to operate a motor vehicle with the intent to make another believe that it is a
law-enforcement vehicle in a way that would make such a belief reasonable.
Full text:
01/11/06 Senate: Prefiled and ordered printed;
offered 01/11/06 063779816
(impact statement)
01/13/06 Senate: Introduced bill reprinted
063779816
(impact statement) (Full Text of
Bill)
Status:
01/11/06 Senate: Prefiled and ordered printed; offered 01/11/06 063779816
01/11/06 Senate: Referred to Committee for Courts of
Justice
01/13/06 Senate: Introduced bill reprinted 063779816
01/25/06 Senate: Reported from Courts of Justice with
amendments (15-Y 0-N)
01/25/06 Senate: Rereferred to Finance
02/07/06 Senate: Reported from Finance (14-Y 0-N)
02/08/06 Senate: Constitutional reading dispensed (40-Y 0-N)
02/08/06 Senate: VOTE: (40-Y 0-N)
02/09/06 Senate: Read second time
02/09/06 Senate: Reading of amendments waived
02/09/06 Senate: Committee amendments agreed to
02/09/06 Senate: Engrossed by Senate as amended SB372E
02/09/06 Senate: Printed as engrossed 063779816-E
02/10/06 Senate: Read third time and passed Senate (40-Y 0-N)
02/10/06 Senate: VOTE: (40-Y 0-N)
02/10/06 Senate: Communicated to House
02/14/06 House: Placed on Calendar
02/14/06 House: Read first time
02/14/06 House: Referred to Committee for Courts of
Justice
02/16/06 House: Assigned Courts sub: Criminal
Law

WATCH
An attempt to tack an amendment on to this
in the House that would require bodily injury to qualify as a Felony assault...
which would have effected the current law that covers LEO's
HB 1016 Assault and battery; increases
penalty if committed against justice, judge, etc.
Robert Hurt | |
|

Summary as passed House:
(all summaries)
Assault and battery. Elevates an
assault and battery from a Class 1 misdemeanor to a Class 6 felony if the victim
is a justice or judge of any Virginia court, a clerk of court, or a magistrate
if the official was engaged in his public duties. Under current law the enhanced
penalty applies to law-enforcement officers, correctional officers and
firefighters and lifesaving, rescue and emergency medical squad members who are
engaged in the performance of their public duties as such.
Full text:
01/11/06 House: Prefiled and ordered printed;
offered 01/11/06 061194160
(impact statement)
02/13/06 House: Printed as engrossed 061194160-E
(impact statement)
02/22/06 House: Engrossed bill reprinted
061194160-E
(impact statement)
Amendments:
House amendments
House amendments rejected
Senate amendments
Status:
01/11/06 House: Prefiled and ordered printed; offered
01/11/06 061194160
01/11/06 House: Referred to Committee for Courts of
Justice
01/18/06 House: Assigned to Courts of Justice
sub-committee: Criminal L...
01/27/06 House: Reported from Courts of Justice with
amendment (15-Y 4-N)
01/31/06 House: Read first time
02/01/06 House: Motion to rerefer
to committee agreed to
02/01/06 House: Rereferred to Courts of Justice
02/10/06 House: Reported from Courts of Justice with
amendment (22-Y 0-N)
02/11/06 House: Read first time
02/13/06 House: Read second time
02/13/06 House: Committee amendment #1 from Courts of Justice rejected
02/13/06 House: Committee amendment #2 from Courts of Justice agreed to
02/13/06 House: Engrossed by House as amended HB1016E
02/13/06 House: Engrossment reconsidered by House
02/13/06 House: Committee amendment #1 from Courts of Justice reconsidered
02/13/06 House: Committee amendment #1 from Courts of Justice agreed to
02/13/06 House: Engrossed by House as amended HB1016E
02/13/06 House: Printed as engrossed 061194160-E
02/14/06 House: Read third time and passed House (99-Y 0-N)
02/14/06 House: VOTE: PASSAGE (99-Y 0-N)
02/14/06 House: Communicated to Senate
02/15/06 Senate: Constitutional reading dispensed
02/15/06 Senate: Referred to Committee for Courts of
Justice
02/22/06 House: Engrossed bill reprinted 061194160-E
02/22/06 Senate: Reported from Courts of Justice with
amendments (15-Y 0-N)
02/24/06 Senate: Constitutional reading dispensed (39-Y 0-N)
02/24/06 Senate: VOTE: (39-Y 0-N)

***OPPOSE

Summary as passed House:
(all summaries)
Possession of concealed weapons; possession in private vehicles. Provides
that the prohibition against carrying concealed weapons does not apply when a
person is carrying such a weapon in his own personal property. In addition, the
bill creates a new exemption to the general prohibition against carrying
concealed weapons by allowing a person who may lawfully possess a firearm to
carry a concealed handgun in a private motor vehicle or boat, so long as he
notifies a law-enforcement officer as soon as practicable of the possession if
detained, and secures the handgun or allows the officer to secure the handgun
for the duration of the contact.
Full text:
01/11/06 House: Prefiled and ordered printed;
offered 01/11/06 066659220
02/13/06 House: Printed as engrossed 066659220-E
Amendments:
House amendments
Status:
01/11/06 House: Prefiled and ordered printed; offered 01/11/06 066659220
01/11/06 House: Referred to Committee on Militia, Police
and Public Safety
02/10/06 House: Reported from Militia, Police and Public
Safety with amendments (19-Y 2-N)
02/11/06 House: Read first time
02/13/06 House: Read second time
02/13/06 House: Committee amendments agreed to
02/13/06 House: Engrossed by House as amended HB1106E
02/13/06 House: Printed as engrossed 066659220-E
02/14/06 House: Read third time and passed House (69-Y 30-N)
02/14/06 House: VOTE: PASSAGE (69-Y 30-N)
02/14/06 House: Communicated to Senate
02/15/06 Senate: Constitutional reading dispensed
02/15/06 Senate: Referred to Committee for
Courts of Justice

***OPPOSE

Summary as passed House:
(all summaries)
Concealed handgun permits. Allows any person designated by the issuing
judge to sign a concealed handgun permit, and not just a clerk of court
authorized by the issuing judge.
The bill also eliminates the ability of a locality to require
an applicant for a concealed handgun permit to submit fingerprints as part of
the application.
The law currently allows a court to disqualify an applicant
from receiving a concealed handgun permit based upon specific acts that indicate
that the applicant would use a weapon unlawfully or negligently. The bill would
require that only acts within the three-year period preceding the application be
considered for this disqualification. A sheriff, chief of police, or
Commonwealth's Attorney may submit a statement alleging these specific acts, but
the statement must be based upon personal knowledge of such acts by the sheriff,
deputy sheriff, chief of police, police officer, Commonwealth's Attorney,
assistant Commonwealth's Attorney, or any competent person submitting a
notarized written statement. The bill defines personal knowledge as knowledge
of a fact that a person has himself gained through his own senses and not from
others or information supplied by others.
The bill provides a 90-day grace period for a member of the
armed forces to renew his concealed handgun permit if the permit expired during
an active-duty military deployment. During the 90-day period, which begins when
the person returns from deployment, the permit holder would be required to carry
written documentation of the start and end dates of the deployment.
The bill would require the Attorney General to make available
on his website any Virginia Supreme Court decisions concerning the use of deadly
or lethal force. The website address would be included on a concealed handgun
permit application.
Finally, the bill would create a process for renewing a
concealed handgun permit. Currently, a permit holder must repeat the
application process and pay the same fee as a person applying for a permit for
the first time. The amendments would allow a person who has not moved out of
the county or city that issued his current permit to renew his permit by
certifying that he had not committed a disqualifying act. The permit holder
would be required to submit the renewal form at least 45 days prior to the
expiration of his current permit. The court would issue a new permit, and would
forward the renewal information to state and local law-enforcement agencies, who
would be authorized to run a criminal history background report on the
individual. If an individual has moved, or his permit will expire in less than
45 days, he must follow the regular application procedures. The provisions of
this bill relating to the renewal process will not become effective until July
1, 2007.
This bill incorporates House Bills 167, 424, 769, 830, 1401,
and 1578.
Full text:
01/20/06 House: Presented and ordered printed 066704268
02/11/06 House: Committee substitute printed 063982556-H1
Status:
01/20/06 House: Presented and ordered printed 066704268
01/20/06 House: Referred to Committee on Militia, Police
and Public Safety
02/10/06 House: Reported from Militia, Police and Public
Safety with substitute (21-Y 0-N)
02/11/06 House: Committee substitute printed 063982556-H1
02/11/06 House: Read first time
02/13/06 House: Read second time
02/13/06 House: Committee substitute agreed to 063982556-H1
02/13/06 House: Engrossed by House - committee substitute HB1577H1
02/14/06 House: Read third time and passed House (91-Y 9-N)
02/14/06 House: VOTE: PASSAGE (91-Y 9-N)
02/14/06 House: Communicated to Senate
02/15/06 Senate: Constitutional reading dispensed
02/15/06 Senate: Referred to Committee for
Courts of Justice
***OPPOSE

Summary as introduced:
Virginia Retirement System; forfeiture of eligibility. Identifies a
process to strip an employee from his/her earned retirement benefits.
Presents a system to forfeit the eligibility for retirement benefits when an
employee is terminated because of dishonesty, malfeasance, or misfeasance.
Full text:
01/09/06 House: Prefiled and ordered printed;
offered 01/11/06 063425164
(impact statement) (Full Text of
Bill)
Status:
01/09/06 House: Prefiled and ordered printed; offered 01/11/06 063425164
01/09/06 House: Referred to Committee on
Appropriations
01/27/06 House: Assigned App. sub: Compensation
and Retirement (Putney)
02/15/06 House: Left in Appropriations
Opposition Successful

(Dead for Session)
Summary as introduced:
Law-Enforcement Officers Procedural Guarantee Act. Makes several changes
as to the process and procedures afforded to officers under the procedural
guarantee act, clarifying several existing rights and setting forth specific
procedures for the questioning of officers and the conduct of a disciplinary
hearing.
Full text:
01/20/06 Senate: Presented and ordered printed 069830720
(Full Text of Bill)
Status:
01/20/06 Senate: Presented and ordered printed 069830720
01/20/06 Senate: Referred to Committee for
Courts of Justice
02/01/06 Senate: Continued to 2007 in Courts of
Justice (10-Y 0-N)
(Dead for Session)

(Dead for 2006) --
02/14/06 House: Continued to 2007 in Appropriations

(Dead for 2006)
Summary as introduced:
Line of Duty Act. Creates the Line of Duty Disability Fund and funds it
by imposing an additional $50 cost for certain traffic violations. The Fund is
to be used to pay the costs of continued health benefits coverage provided to
employees and their families under the Line of Duty Act (the Act). The bill also
provides that any local employee who meets the definition of a deceased or
disabled person under the Act who was disabled on or after January 1, 1972, not
otherwise already receiving the continued health insurance coverage benefit
under this section, shall be entitled to the continued health insurance coverage
benefit beginning July 1, 2006.
Full text:
01/12/06 House: Presented and ordered printed 065168260
(For a full copy of the bill click here)
Status:
01/12/06 House: Presented and ordered printed 065168260
01/12/06 House: Referred to Committee on General Laws
01/19/06 House: Referred from General Laws
01/19/06 House: Referred to Committee on
Appropriations
01/27/06 House: Assigned App. sub: Compensation
and Retirement (Putney)
02/14/06 House:
Continued to 2007 in Appropriations
(Dead for 2006)

(DEAD for session)

Summary as introduced:
Overtime compensation for state law-enforcement employees. Clarifies
that the current overtime compensation provisions for law-enforcement employees
applies to state law-enforcement employees.
Full text:
01/18/06 Senate: Presented and ordered printed 065343720
(Full Text of Bill)
Status:
01/18/06 Senate: Presented and ordered printed 065343720
01/18/06 Senate: Referred to Committee for
Courts of Justice
01/18/06 Senate: Presented and
ordered printed 065343720
01/18/06 Senate: Referred to Committee for Courts of
Justice
01/23/06 Senate: Reported from Courts of Justice (15-Y
0-N)
01/23/06 Senate: Rereferred to Finance
01/31/06 Senate: Left in Finance
(DEAD for session)
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