Virginia Legislative Watch 2009 Archived Page
2009 Session convenes January 14, 2009
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Bills regarding Campus Safety and Security, Firearms, and Mental Health
By tracking the bills, we will be able to see to what committees bills are assigned, who is patroning and co-patroning the bills and how our legislators vote.
Bills filed as of January 14, 2009: House; Senate
Campus Safety and Security
HB 1664: State Council of Higher Education for Virginia; duties (Robert Tata). Eliminates the requirement that the State Council of Higher Education for Virginia must develop and revise, as it deems necessary, a model institutional crisis and emergency management plan for the purpose of assisting public and private two- and four-year institutions of higher education in establishing, operating, and maintaining emergency services and disaster preparedness activities.
HB 1750: Campus police; report of certain incidents to local law-enforcement agency (Charles W. Carrico, Sr.). Requires the chief of the campus police department of a public institution of higher education to notify the Virginia State Police after any incident involving a shooting has occurred on campus. Upon notification, the Virginia State Police may, at the request of the campus police, assume responsibility for leading the investigation with cooperation from the institution of higher education.
Firearms
HB 1655: Control of firearms; award of court costs and fees (Charles W. Carrico, Sr.). Requires a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution, motion, or administrative action as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915.
HB 1656: Possession of concealed handguns by faculty members at state institutions of higher education (Robert G. Marshall). Allows full-time faculty members of state institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus.
HB 1734: Concealed handgun permits (Brenda L. Pogge). Amends various processes, procedures, and requirements for obtaining a Virginia concealed handgun permit. The bill allows permit applications to be submitted and returned by mail, and specifies that the court may not require any additional information with a permit application other than what is required or authorized by § 18.2-308. If a current permit holder wishes to obtain a replacement permit indicating a change of address, the permit holder is no longer required to provide proof of the new address.
The bill allows a court to consider only specific acts of the applicant
within the immediately preceding three-year period to determine if the
applicant is disqualified from obtaining a permit because the applicant is
likely to use a weapon unlawfully or negligently. If the court finds that a
person is disqualified from obtaining a permit, it must include the specific
Code section that is the basis for the denial.
Finally, the bill adds special conservators of the peace to the definition
of a "law-enforcement officer" for purposes of § 18.2-308, thereby allowing
special conservators of the peace to carry a concealed handgun anywhere in
the Commonwealth without a permit, and exempting special conservators of the
peace from limitations placed on concealed handgun permit holders, including
carrying concealed handguns in restaurants that serve alcohol and carrying
handguns on elementary, middle, and high school property.
HB 1741: Criminal law; possession or transportation of certain firearms by persons under the age of 18; penalty (Brenda L. Pogge). Increases from a Class 1 misdemeanor to a Class 6 felony the possession or transportation of certain firearms by persons under the age of 18.
HB 1748: Concealed handgun permit; fingerprints (Brenda L. Pogge). Clarifies that no locality may require a person who has previously been issued a concealed handgun permit in the Commonwealth to submit to fingerprinting for a new permit.
HB 1821: Concealed handguns; restaurants; penalty (Joseph P. Johnson, Jr.). Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of a restaurant or club shall inform a designated employee of the restaurant or club of that fact. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.
HB 1822: Possession of handguns on school property; concealed handgun permittees (Joseph P. Johnson, Jr.). Exempts concealed handgun permit holders from the prohibition against carrying handguns onto the property of a public, private, or religious elementary, middle, or high school.
HB 1851: Purchase of firearms by members of the United States Armed Forces (Patron: L. Scott Lingamfelter). Allows active duty members of the United States Armed Forces or the Virginia National Guard to purchase more than one handgun within a 30-day period. The bill also allows for a United States Department of Defense identification card to be used to establish proof of citizenship or lawful residence for purposes of purchasing assault firearms.
HB 2004: Affirmative defense that silencer is registered (Patron: Anne B. Crockett-Stark). Shifts the burden of proof that a firearm silencer is registered or not from the Commonwealth to the defendant. Possession of an unregistered firearm silencer is unlawful, a Class 6 felony.
HB 2042: Purchase of handguns of certain officers (Patron: Thomas D. Gear). Allows a retiring law-enforcement officer of the State Lottery Department to purchase his handgun for $1.
HB 2144: Concealed handgun permits; access to permittee information (Patron: David A. Nutter). Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and nonidentifying statistical information would be available to the general public.
HB 2227: Concealed weapons (Patron: Dave W. Marsden). Adds weapons designed to expel a projectile at a speed of more than 250 feet per second by action of compressed air or gas, such as an airsoft gun, to the list of weapons that are prohibited from being carried concealed.
HB 2318: Sale of firearms at firearms shows (Patron: Joseph D. Morrissey). Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer.
HB 2481: Criminal law; registration of machine guns (Patron: Jeion A. Ward). Requires any registrant to forthwith notify the Superintendent of State Police, in writing, of the change of address of the registrant or permanent change of the physical location of the machine gun.
HB 2528: Disposition of firearms (Patron: Mark L. Cole). Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction, or sealed bids, to a person licensed as a dealer.
HB 2631: Firearms show in Fairfax County; criminal history record information request (Patron: C. Charles Caputo). Provides that Fairfax County may by ordinance require the promoter of any show held in Fairfax County to make available to all vendors or exhibitors at a firearms show at least one location on the premises where the vendor or exhibitor shall conduct criminal history record information requests for the sale of firearms.
Mental Health
HB 2060: Mental health law revisions (Patron: Phillip A. Hamilton). Amends mental health statutes to address issues resulting from the overhaul of mental health laws during the 2008 Session. This bill clarifies requirements that law-enforcement initiated emergency custody remains subject to the four hour limit and two hour extension provisions; clarifies that the employee or designee of the community services board attending a commitment hearing need not be the person who prepared the prescreening report, and that neither the employee or designee of the community services board attending a commitment hearing nor the independent examiner who attends the commitment hearing shall be excluded pursuant to an order of sequestration of the witnesses; clarifies that the prescreening report shall be admitted into evidence and made part of the record of the case; and extends the CCRE reporting requirement to close of business on the next business day following the hearing resulting in involuntary commitment. This bill has an emergency clause.
HB 2061: Psychiatric Inpatient Treatment of Minors Act; outpatient treatment; etc. (Patron: Phillip A. Hamilton). Provides that a person who meets the criteria for involuntary commitment under the Psychiatric Inpatient Treatment of Minors Act may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available and the minor and his parents have the capacity to understand the stipulations of the minor's treatment and to comply with such outpatient treatment and that they have agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a minor's noncompliance with such treatment will be addressed. The bill also clarifies that the commitment criteria for minors, and not the criteria for adults, apply when the emergency admission of a minor is sought under the procedures for the emergency admission of an adult set forth in Article 4 (§ 37.2-808 et seq.) of Chapter 8 of Title 37.2. The bill also provides that a minor who has been properly detained by a juvenile and domestic relations court may petition for voluntary admission and treatment of mental illness. Currently, such detained minors may not voluntarily seek admission. The bill further requires that if a minor is in a detention home or shelter care facility when admitted to a mental health facility, the director of the detention home or shelter care facility or his designee shall provide, if available, certain information relating to the minor to the mental health facility and to the juvenile and domestic relations district court for the jurisdiction in which the facility is located if such court is different than the court that placed the minor in detention or shelter care. The bill also clarifies under what circumstances the qualified evaluator who examined the minor must attend the minor's hearing and under what circumstances the evaluator's report is admissible.
HB 2062: Mental health; admission to a facility by an agent or guardian (Patron: Phillip A. Hamilton). Allows an agent appointed in an advance directive or a guardian to admit an incapacitated person to a mental health facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and, either (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) authorizing the agent to consent to his admission to a facility and he is not protesting such admission; or (iv) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility.
HB 2300: Department of Mental Health, Mental Retardation and Substance Abuse Services; name change (Patron: C. Charles Caputo). Changes the name of the Department, Board, Inspector General, and Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to the Department, Board, Inspector General, and Commissioner of Behavioral Health and Developmental Services. This bill also makes technical amendments.
HB 2459: Consumers; right to notify (Patron: John M. O'Bannon, III). Provides that a consumer in a mental health facility shall have the opportunity to have an individual of his choosing notified of his general condition, location, and transfer to another facility.
HB 2460: Transportation of person under emergency custody order (Patron: John M. O'Bannon, III). Provides for transportation of a person under an emergency custody order, temporary detention order, or involuntary commitment order by a family member or friend, representative of the community services board, or other alternative transportation provider with staff trained to provide transportation in a safe manner.
HB 2461: Notification of family member of person involved in commitment process (Patron: John M. O'Bannon, III). Authorizes disclosure of information regarding a patient's location and general condition to a family member or personal representative of the person.
Firearms
SB 832: Control of firearms; possessing or carrying a dangerous weapon in public buildings during official meetings of the governing body (Patron: (Mamie E. Locke). Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in community or recreation centers, administrative buildings, or public libraries owned or operated by the locality during an official meeting of the governing body.
SB 1035: Concealed handguns; restaurants; penalty (Patron: Emmett W. Hanger, Jr.). Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of a restaurant or club shall inform a designated employee of the restaurant or club of that fact. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.
SB 1053: Dangerous weapons in government facilities (Patron: Mary Margaret Whipple). Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.
SB 1166: Criminal records check; purchase of firearms (John C. Watkins). Increases the fee paid to firearms dealers for criminal history record information checks from $2 to $5 for Virginians and from $5 to $8 for persons living out-of-state. The bill also provides that data and forms submitted to and maintained by the Department of State Police for such criminal history checks and purchases may not be inspected by the public.
SB 1254: Concealed handgun permits (Patron: Henry L. Marsh III). Makes changes to the procedures governing the application for a concealed handgun permit and the carrying of a concealed handgun in the Commonwealth. The bill clarifies that a conviction from another state for driving while intoxicated or for drunkenness in public disqualifies an individual from obtaining a concealed handgun permit, and that any training to show competence with a handgun must be completed in person. The bill also requires that a nonresident carrying a concealed handgun in the Commonwealth with either a reciprocal permit from another state or a Commonwealth-issued nonresident permit display photo identification along with the permit, upon request of a law-enforcement officer.
SB 1257: Transfer of firearms; criminal records check; penalties (Patron: Henry L. Marsh III). Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
SB 1383: Firearm silencers (Patron: Kenneth W. Stolle). Repeals the provision that makes it a Class 6 felony to possess a firearm muffler or silencer that is not registered in the National Firearms Registration and Transfer Record.
SB 1385: Firearms shows; state police presence (Patron: Kenneth W. Stolle). Requires the promoter of a firearms show to arrange and pay for a law-enforcement officer from the Department of State Police to be present at all times during a firearms show. Also allows the Superintendent of State Police to enter into agreements with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives whereby law-enforcement officers with the Department of State Police may be granted federal law-enforcement authority for the purposes of enforcing firearms laws of the United States.
SB 1396: Purchase of service handgun (Patron: Thomas K. Norment, Jr.). Allows designated law-enforcement officers to purchase their service handgun for $1 if they are receiving disability payments for a service-incurred disability with no expectation of returning to their former employment.
SB 1513: Control of firearms; award of court costs and fees (Patron: Ralph K. Smith). Requires a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution, motion, or administrative action as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915.
SB 1528: Concealed handgun permits; handgun competence demonstration (Patron: Ken T. Cuccinelli, II). Provides that the completion of a firearms training or safety course conducted by a state-certified or National Rifle Association-certified firearms instructor may be done electronically or on-line.
Mental Health
SB 822: Autopsy reports; release to mental health facilities (Patron: Ken T. Cuccinelli, II). Clarifies that programs at mental health facilities, community services boards, and behavioral health authorities are included among the health facility quality assurance programs that are authorized to receive autopsy reports.
SB 823: Transportation of person under emergency custody, temporary detention, or involuntary commitment order (Patron: Ken T. Cuccinelli, II). Allows a person under an emergency custody order, temporary detention order, or involuntary commitment order to be transported by a family member; friend; representative of the community services board; health care provider; representative of the facility at which the person will be examined, detained, or admitted; or other transportation provider with personnel trained to provide transportation in a safe manner, upon a finding that such transportation is appropriate. This bill provides that, when making a decision regarding the appropriate transportation of a person under an emergency custody order, temporary detention order, or involuntary commitment order, the magistrate, judge, or special justice shall consider information provided by the community services board or its designee; the local law-enforcement agency, if involved; the petitioner; the person's treating physician; and others with knowledge of the person to be transported.
SB 825: Involuntary commitment hearings; law students (Patron: Ken T. Cuccinelli, II). Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and received training on involuntary commitment law. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance.
SB 840: Mandatory outpatient treatment following inpatient treatment (Patron: Ken T. Cuccinelli, II). Allows a court to enter an order for mandatory outpatient treatment following involuntary admission, which orders a person who has been involuntarily admitted to mandatory outpatient treatment. The criteria for such an order differ from the criteria used for a mandatory outpatient treatment order entered where the person was not first involuntarily admitted. The criteria for an order for mandatory outpatient treatment following involuntary admission are that the person (i) has mental illness; (ii) no longer needs inpatient hospitalization but requires mandatory outpatient treatment to prevent rapid deterioration of his condition that would likely result in his meeting the criteria for inpatient treatment; (iii) is not likely to obtain outpatient treatment unless the court enters the order; and (iv) is likely to comply with the order. Additionally, services must actually be available in the community and providers of services must have actually agreed to deliver the services. The bill also sets forth how orders for mandatory outpatient treatment following involuntary admission will be enforced, reviewed, continued, and rescinded.
SB 854: Mental health courts; pilot program (Patron: John S. Edwards). Directs the Office of the Executive Secretary of the Supreme Court to establish by January 1, 2010, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
SB 1051: Mental health; admission to a facility by an agent or guardian (Patron: Mary Margaret Whipple). Allows an agent appointed in an advance directive or a guardian to admit an incapacitated person to a mental health facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and, either (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) authorizing the agent to consent to his admission to a facility and he is not protesting such admission; or (iv) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility.
SB 1077: Notification of family member of person involved in commitment process (Patron: Janet D. Howell). Authorizes disclosure of information regarding a patient's location and general condition to a family member or personal representative of the person.
SB 1079: Emergency custody; authority of law-enforcement officer (Patron: Janet D. Howell). Authorizes a law-enforcement officer who is transporting a person who has voluntarily consented to being transported to a facility for assessment or evaluation and who subsequently revokes consent to be transported to take such person into emergency custody when the law-enforcement officer determines that consent has been revoked and the person meets the criteria for emergency custody, even if the law-enforcement officer is beyond the territorial limits of the jurisdiction in which he serves. This bill also clarifies that a law-enforcement officer who takes a person into emergency custody based upon his own observations or reliable reports of others may transport such person beyond the territorial boundaries of the jurisdiction in which he serves in order to obtain the required assessment.
SB 1080: Involuntary commitment; place of hearing (Patron: Janet D. Howell). Provides that, upon the request of the respondent or his attorney, a district court judge or special justice may restrict attendance at an involuntary commitment hearing to persons whose participation is required for proper conduct of the hearing and those whose presence is requested by the respondent upon a finding that (i) such restriction is necessary to protect the respondent's health, safety, or privacy and (ii) the respondent's interest in the restriction outweighs the public's interest in attendance by any person who would be excluded.
SB 1082: Voluntary and involuntary commitment; forms (Patron: Janet D. Howell). Provides that the Office of the Executive Secretary of the Supreme Court shall prepare the petitions, orders, and such other legal documents as may be required in proceedings for emergency custody, temporary detention, and voluntary and involuntary admission to a facility and distribute such forms to the clerks of the general district courts and the juvenile and domestic relations courts. This bill further provides that the Department of Mental Health, Mental Retardation and Substance Abuse Services shall prepare the preadmission screening report, examination, and such other clinical forms as may be required for emergency custody, temporary detention, and voluntary and involuntary admission to a facility and distribute such forms to community services boards, mental health care providers, and directors of state facilities.
SB 1083: Mental health law revisions (Patron: Janet D. Howell). Amends mental health statutes to address issues
resulting from the overhaul of mental health laws during the 2008 Session.
This bill clarifies requirements that law-enforcement initiated emergency
custody remains subject to the four hour limit and two hour extension
provisions; clarifies that the employee or designee of the community
services board attending a commitment hearing need not be the person who
prepared the prescreening report, and that neither the employee or designee
of the community services board attending a commitment hearing nor the
independent examiner who attends the commitment hearing shall be excluded
pursuant to an order of sequestration of the witnesses; clarifies that the
prescreening report shall be admitted into evidence and made part of the
record of the case; and extends the CCRE reporting requirement to close of
business on the next business day following the hearing resulting in
involuntary commitment. This bill has an emergency clause.
SB 1117: Department of Mental Health, Mental Retardation and Substance Abuse Services; name change (Patron: Patricia S. Ticer). Changes the name of the Department, Board, Inspector General, and Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to the Department, Board, Inspector General, and Commissioner of Behavioral Health and Developmental Services. This bill also makes technical amendments.
SB 1122: Psychiatric Inpatient Treatment of Minors Act; outpatient treatment; etc. (Patron: L. Louise Lucas). Provides that a person who meets the criteria for involuntary commitment under the Psychiatric Inpatient Treatment of Minors Act may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available and the minor and his parents have the capacity to understand the stipulations of the minor's treatment and to comply with such outpatient treatment and that they have agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a minor's noncompliance with such treatment will be addressed. The bill also clarifies that the commitment criteria for minors, and not the criteria for adults, apply when the emergency admission of a minor is sought under the procedures for the emergency admission of an adult set forth in Article 4 (§ 37.2-808 et seq.) of Chapter 8 of Title 37.2. The bill also provides that a minor who has been properly detained by a juvenile and domestic relations court may petition for voluntary admission and treatment of mental illness. Currently, such detained minors may not voluntarily seek admission. The bill further requires that if a minor is in a detention home or shelter care facility when admitted to a mental health facility, the director of the detention home or shelter care facility or his designee shall provide, if available, certain information relating to the minor to the mental health facility and to the juvenile and domestic relations district court for the jurisdiction in which the facility is located if such court is different than the court that placed the minor in detention or shelter care. The bill also clarifies under what circumstances the qualified evaluator who examined the minor must attend the minor's hearing and under what circumstances the evaluator's report is admissible.
SB 1303: Involuntary mental health commitment (Patron: Robert Hurt). Provides that a court may, in its discretion, appoint counsel for a minor in proceedings seeking judicial approval of the admission by the parents of a minor 14 years of age or older who is incapable of making an informed decision or who objects to the admission and provides that a court may, in its discretion, appoint a guardian ad litem for a minor who is the subject of an involuntary commitment petition. Currently, the court is required to appoint both a guardian ad litem and counsel in both circumstances. The bill also removes authority for monitoring compliance with mandatory outpatient treatment from special justices and places it with district court judges (currently it can be done by either) and allows recordings of hearings to be electronic or digital.
SB 1432: Notification of family member of person involved in commitment process (Patron: Ken T. Cuccinelli, II). Authorizes disclosure of information regarding a patient's location and general condition to a family member or personal representative of the person.
SB 1433: Consumers; right to notify (Patron: Ken T. Cuccinelli, II). Provides that a consumer in a mental health facility shall have the opportunity to have an individual of his choosing notified of his general condition, location, and transfer to another facility.
SB 1503: Mental health court; Richmond (Patron: A. Donald McEachin). Requires the Executive Secretary of the Supreme Court to establish a mental health court in the Thirteenth Circuit, Richmond City.