Key Legislation

2010 General Assembly Session

Below are the Bills that I have introduced during the 2010 General Assembly Session.

• HB 567 - Virginia Public Procurement Act; state-aid construction projects. Raises the competitive bidding/competitive negotiation dollar threshold from $30,000 to $50,000 for state-aid construction projects.
• HB 568 - Notice to Commonwealth of expert testimony in sentencing phase of capital murder trial. Provides that in any case in which a defendant charged with capital murder intends, in the event of conviction, to present testimony of an expert witness to support a claim in mitigation relating to the defendant's history, character or mental condition, he or his attorney shall give notice in writing to the attorney for the Commonwealth, at least 60 days (currently 21 days) before trial, of his intention to present such testimony. The bill also provides, however, that if the period between indictment and trial is less than 120 days, the defendant or his attorney shall give such notice no later than 60 days following indictment.
• HB 569 - Transfer of certain juvenile felonies. Adds the specific felony offenses of "committing, conspiring, or aiding and abetting an act of terrorism in violation of § 18.2-46.5, or possession, manufacture, or distribution of a weapon of terrorism or hoax device in violation of § 18.2-46.6" to the provisions of the transfer statute requiring a preliminary hearing upon notice by the attorney for the Commonwealth and certification to the circuit court upon a finding of probable cause by the J&DR court, for purposes of the transfer of a juvenile age 14 or older to circuit court upon a felony charge. Current law allows for discretionary transfer by the J&DR court for these crimes on motion for transfer by the attorney for the Commonwealth because they are not specifically enumerated as crimes subject to the Commonwealth attorney notice provision.
• HB 570 - Real property tax assessments; appeals. Changes the burden of proof from the taxpayer to the assessor when a taxpayer appeals the assessment of real property to a board of equalization or to a circuit court.
• HB 571 - Punishment for accessories after the fact. Provides that in every case involving (i) a criminal homicide other than involuntary manslaughter, (ii) a felony criminal sexual assault set forth in Article 7 (18.2-61 et seq.) of Chapter 4 of Title 18.2, or (iii) a robbery, every accessory after the fact shall be guilty of a Class 6 felony. Currently, all accessories after the fact of a felony are guilty of a Class 1 misdemeanor.
• HB 572 - District court; acting chief judge. Provides a procedure for the assumption of the duties of a chief judge of a district court and notification of other judges in the event the chief judge is unable to perform his duties. This bill is a recommendation of the Judicial Council.
• HB 1151 - Concealed weapons. Prohibits a person from carrying a concealed butterfly knife.
• HB 1197 - DUI ignition interlock limitations. Provides that a person who is convicted of DUI is required to have an ignition interlock on the first offense as a condition of a restricted license. Currently, the requirement for an interlock is imposed only upon a second offense or when the offender's BAC is above 0.15 percent.
• HB 1198 -Sex offenders; registration requirements; collateral proof of conditions requiring registration; verification of residency and notice to offenders committed to the Department of Behavioral Health and Developmental Services; notice of escape from commitment or escape from jail. Redefines "offense for which registration is required" in Title 9.1 to include an offense under another jurisdiction for which registration is required "regardless of whether adjudication was withheld." The bill also provides that offenses for which a condition of registration is that the offense was committed against a minor, a physically helpless person or a mentally incapacitated person, the additional condition need not be alleged and proven at trial but may be adjudicated in a separate proceeding. The bill also provides that the residency of those offenders under the supervision of the Department of Corrections or Community Supervision pursuant to § 37.2-919 (persons committed to the Department of Behavioral Health and Developmental Services whether on conditional release or in involuntary secure inpatient treatment) shall be verified by the State Police. The bill also provides that the Department shall give notice to a sex offender committed to the Department of Behavioral Health and Developmental Services, prior to his release, of his requirement to register with the State Police as a sex offender; and that the Department shall give notice to the State Police within 12 hours if such an offender escapes from custody. The bill also provides that if a sex offender escapes from a jail, the jailer shall notify the State Police within 12 hours of the escape.
• HB 1199 - Waiver of certain graduation requirements; pursuant to Board of Education criteria. Requires the Board of Education to provide for the waiver of certain graduation requirements to be granted only for good cause and subject to reasonable procedures and criteria to be established.
• HB 1253 - Release of an accused on recognizance. Requires that an accused shall be released on his own recognizance by a judicial officer only upon completion of processing of the accused as required under Title 19.2, including fingerprinting, and upon satisfaction of the terms of recognizance.
• HB 1254 - Transfer of custody of a DUI arrestee. Allows a law-enforcement officer to arrest someone for DUI, underage drinking and driving, or driving on a (DUI) suspended license if the offense is committed in his presence and then to transfer custody to another officer who may obtain the warrant based on statements of the arresting officer. Transfer of custody is currently allowed for "drunk boating" only.
• HB 1255 - Bail bondsman to receive criminal history information. Provides that if a judicial officer sets a secured bond and the person engages the services of a licensed bail bondsman, the judicial officer shall, for a fee of $5, provide the bondsman with a copy of the person's criminal history record, if available, to be used by the bondsman only to determine appropriate conditions to impose upon the accused upon his release.

2009 General Assembly Session

Below are the Bills that I have introduced during the 2009 General Assembly Session.

• HB 2035 - Life expectancy table. Changes table's figures that represent continued life expectancy.
• HB 2036 - Vehicle safety inspections; age of tires. Prohibits issuance of a vehicle safety inspection approval sticker for any vehicle equipped with tires that are more than 10 years old.
• HB 2037 - Collection of debt owed the Commonwealth. Establishes the Debt Collection Recovery Fund. The bill also provides that the Division of Debt Collection shall (i) deposit to the Fund all revenues generated by it, less any cost of recovery, from receivables collected on behalf of state agencies and (ii) transfer the remaining funds to the appropriate state agencies on a periodic basis. In addition, the bill provides that final orders of final agency case decisions may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the agency head or his designee. Furthermore, each state agency and institution may charge attorney's fees and collection fees on all past due accounts receivable.
• HB 2038 - Limitations on enforcement of certain judgments. Provides that there shall be no limitation on the enforcement of judgments, or liens of judgments, in favor of the Commonwealth that are obtained or docketed in a circuit court.
• HB 2039 - Virginia Consumer Protection Act; recalled products. Provides that it is a prohibited practice under the Virginia Consumer Protection Act to sell, offer for sale, or manufacture for sale a product recalled by the U.S. Consumer Product Safety Commission.
• HB 2040 - Real Estate Board; compensation to referring attorneys prohibited; exception. Provides that an attorney-at-law referring a client to a licensee shall not receive any compensation from a listing firm or offered in the common source information company to cooperating brokers, unless the attorney is also licensed as a real estate broker or salesperson. The bill contains technical amendments.
• HB 2041 - DUI ignition interlock limitations. Provides that a person who is convicted of DUI is required to have an ignition interlock on the first offense as a condition of a restricted license. Currently, the requirement for an interlock is only imposed upon a second offense or when the offender's BAC is above 0.15 percent. The bill imposes a $75 administrative fee, up from $20. The bill provides that the monthly operation and maintenance fee is to be paid by the Criminal Fund if the offender is indigent. The bill also provides that anyone who is required to have an interlock may not operate a passenger vehicle that carries more than 15 people.
• HB 2498 - Assault and battery against a family or household member; authority to defer and dismiss. Provides that a court shall not defer disposition in and discharge and dismiss a criminal proceeding against a person for violation of § 18.2-57.2 (assault and battery against a family or household member) if it finds, among the facts that would justify a finding of guilt, that the accused, during the commission of such offense, knew that a third person, younger than 18 years of age, was physically present.
• HB 2532 - Reimbursement of expenses in DUI and related incidents. Specifies that a locality that has passed an enabling ordinance is entitled to restitution from a person convicted of certain DUI offenses as compensation for law-enforcement response regardless of whether an accident occurs.
• HB 2615 -Virginia Public Procurement Act; procurement of professional services. Increases the amount from $30,000 to $50,000 for single or term contracts for professional services not requiring competitive negotiation.

2008 General Assembly Session

During the 2008 General Assembly Session, I introduced 11 bills, 8 of which passed both Houses and went on to the Governor for his signature. Here are some highlights of my legislation:

• HB 945 - Clarifies that when there is a dissent in a panel opinion and an aggrieved party requests an en banc hearing, at least four judges of the court must vote in favor of the hearing. The bill makes it clear that the voting judges must be active and would not include retired judges sitting by designation, and is identical to SB 605.
• HB 946 - Provides that any home study conducted for the purpose of parental placement or agency placement shall be valid for a period of 36 months from the date of completion of the study. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.
• HB 947 - Provides protection for homeowners during the foreclosure process by requiring persons who advertise services to assist persons to escape foreclosure to disclose fully the nature of their services and the homeowners' right to rescind a contract entered into with such persons. Also allows the Attorney General to enforce any violation of this article and provides that a violation of the article is a Class 5 felony. This bill was incorporated into HB 408.
• HB 949 - Amends the definition of "slayer" to include a person who is convicted of voluntary manslaughter. The bill also amends the definition of "slayer" to include a person who is acquitted of murder or voluntary manslaughter, but who is determined, by a preponderance of the evidence, either before or after his death, by a court to have committed murder or voluntary manslaughter. The bill also provides that transferees or assignees claiming through a slayer cannot acquire property or benefits as a result of the slaying. The bill also provides that insurance companies are not liable on life insurance policies acquired by the slayer for the decedent if (i) the policy was procured by the slayer as part of the plan to murder the decedent, and (ii) the decedent's death from the slayer's act was within two years of the date the policy was issued. The bill also provides that the slayer statute does not serve to abrogate any common law right or remedy that prevents a slayer from profiting from his crime. The bill also makes several clarifying amendments to the slayer statute. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study. This bill is identical to SB 450
• HB 951 - Replaces current provisions in the Virginia Code with this Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 2006. The original Uniform Management of Institutional Funds Act was adopted by NCCUSL in 1972 and enacted in Virginia in 1973. The Act expands the scope of the prior law, applying to all charitable institutions holding institutional funds, including trusts without noncharitable beneficiaries. The Act also clarifies and expands the duties and obligations concerning the conduct of investment and expenditures of institutional funds. The Act also imposes express standards on any delegation of the management or investment of institutional funds. The Act also updates the standards for when a court may order the release or modification of the purpose of or restrictions contained in a gift instrument through which a donor contributes to an institutional fund. However, the Board may, by regulation, require an additional state criminal background check before finalizing an adoption if more than 18 months have passed from the completion of the home study.
• HB 952 - Provides that notice of a criminal defendant's insanity plea must be given to the Commonwealth at least 60 days (currently at least 21 days) prior to trial, or at most 60 days following indictment when the period between indictment and trial is less than 120 days.
• HB 1382 - Authorizes designated nonattorney employees of the Department of Social Services to complete, sign, and file petitions and motions in Department cases relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia. The bill also provides that any orders entered prior to the effective date of this bill are not deemed void or voidable solely because the petitions and motions were signed by nonattorney employees. This bill is identical to SB 788.
• HB 1442 - Provides that a person who is required to have an ignition interlock may not operate a school bus or school vehicle. The bill has an effective date of October 1, 2008.

2007 General Assembly Session

The following bills are among those that Delegate Iaquinto introduced during the 2006 General Assembly Session:

• HB 2517 - Authorizing background checks for adult household members for investigations of child abuse or neglect. This bill was requested by an organization I strongly support, Prevent Child Abuse, Hampton Roads. When passed, this bill will allow investigators more access to vital information to help children who are victims of abuse and/or neglect.
• HB 2518 - Raising insurance minimums for individuals convicted of a DUI.This bill doubles for three years the minimum amount of motor vehicle insurance that someone convicted of a DUI is required to carry.
• HB 2520 - Allowing law enforcement to have access to health records of sex offenders. This bill was brought to me by the Attorney General's office and would allow hospitals and other institutions the ability to disclose health records for police investigations.
• HB 2524 - Strengthening the definition of gang members. This bill would add "felony involving the use of a firearm or other weapon" to the list of acts that qualify someone as a gang member.
• HB 2525 - Voluntary contributions of refunds; Spay and Neuter Fund. This bill was brought to me by the Virginia Beach SPCA. Currently, Virginia residents have the option of making contributions to a Spay and Neuter Fund through their tax return. This bill would allow those funds to be reverted back to the localities in which the contributor lives. Virginia Beach dollars stay in Virginia Beach.
• HB 2528 - Exempting child support payments from garnishment. This bill was necessary to clarify that monies received for child support belong to the child, not the parent. As such, they are exempt from any garnishment of a parent's income.
• HB 3151 - Leasing option at First Landing State Park. A group from Virginia Beach approached me about the need for local rowing teams to have a permanent home. This bill would allow them to lease the space to build a dock and boathouse at First Landing State Park.

  View all of Sal's 2007 legislation.

2006 General Assembly Session

The following bills are among those that Delegate Iaquinto introduced during the 2006 General Assembly Session:

Increase in liability insurance for DUI offenders: This bill would double the mandatory minimum liability insurance for those drivers convicted of driving under the influence.

Strengthening private property rights: This bill curbs the impact of the recent Supreme Court decision in Kelo v. City of New London, which expanded the ability of the government to seize property in eminent domain cases. The proposed legislation would strengthen the rights of private property owners in Virginia by specifically stating that the government can not use eminent domain for the primary purpose of tax revenue enhancement.

Protect children from sexual predators within their own family. These bills will enable the spouse of a convicted child molester to ensure that the children are not subjected to the predator after he/she is convicted of the felony.

Gang members: Upon conviction of a gang-related crime, the court may order, as a condition of probation, that a person has no contact with a member of a criminal street gang.

Constitutional Amendment to secure the Transportation Trust Fund: It is important that the money earmarked for Transportation stays in the trust fund and is not raided by future General Assemblies for General Fund use.

View all of Sal's 2006 legislation.

SEE ALSO: Virginia General Assembly Citizens Guide