Sunday, June 27, 2010

Other New Laws

Restricted driving privilege for out-of-state drivers. Provides that when the driver of any motor vehicle not licensed to drive in Virginia, but who has a valid driver's license from another jurisdiction, is convicted of any violation for which license suspension and issuance of a restricted license is authorized, the court may issue a restricted driving privilege in Virginia upon the same conditions as if the person held a valid Virginia license.

Appeal bonds; unlawful detainer; indigents. Adds unlawful detainer cases to the list of actions for which an indigent must post an appeal bond.

Adult students under the jurisdiction of the juvenile and domestic relations district court; notification to schools. Clarifies that notification is to be given to the superintendents of school divisions when students who are 18 years of age or older are charged with certain crimes and are subject to the jurisdiction of the juvenile and domestic relations district court. The bill makes a similar change for providing notification when such students are committed to a Department of Juvenile Justice facility.

Appeal of bail decision by attorney for the Commonwealth. Provides that if a judicial officer (including a magistrate) grants bail to an accused that is deemed inadequate or unreasonable by the attorney for the Commonwealth, the attorney for the Commonwealth may appeal to the court in which the case is pending when bail was granted by a magistrate or, when granted by a court, to the next higher court. Current law limits such appeals to appeals of a court decision only, and only upon objection in court by the attorney for the Commonwealth.

Foster care; plan to reduce. Requires the Governor and the General Assembly to develop and implement a plan to reduce the number of children in foster care by 25 percent within 10 years.

Impoundment of vehicle for driving while license suspended. Includes a violation of 18.2-272 (Class 1 misdemeanor to drive on a suspended license when suspended for driving for DUI or a DUI-related crime) in the section of the code ( 46.2-301) that provides that a motor vehicle impounded or immobilized by the police following an arrest for driving on a suspended license, when suspended for DUI or a DUI-related crime, may be impounded or immobilized for an additional 90 days by the court upon conviction of that offense.

Consecutive license suspensions for DUI. Provides that any suspension of driving privilege for driving while intoxicated shall run consecutively with any other court-ordered period of suspension. Currently, such suspensions for DUI run from the date of the court order, except in the case of suspensions ordered for failure to submit to a blood or breath test, which run consecutively with the DUI suspension.

Highway speed limits. Increases the general highway speed limit on highways where it is presently 65 mph to 70 mph.

Punishment of a juvenile for possession, etc., of alcohol. Provides that a juvenile charged with possession, consumption, etc., of alcohol may be found delinquent of such a charge and punished, or have his case deferred and upon completion of the terms and conditions of his probation, have his case dismissed by the juvenile and domestic relations district court. Current law provides that the case shall be deferred and shall be dismissed upon completion of terms and conditions.

Courts not of record; delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy. Eliminates the authority of the court to give a restricted driver's permit, for travel to and from school, to a child who has lost his driving privilege for an alcohol, firearm, or drug offense, or truancy.

Prohibition on wearing a mask; public emergency exception. Adds to the existing exemptions in the section making it a Class 6 felony for a person over the age of 16 to wear a mask in public or on private property without the owner's written consent an exception when the Governor has declared a disaster or state of emergency in response to a public health emergency.

Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.

Human infant; independent and separate existence. Provides that for the purposes of homicide and child abuse, a human infant who has been born alive and is fully brought forth from the mother has achieved an independent and separate existence, regardless of whether the umbilical cord has been cut or the placenta detached.

Entrustment agreements. Clarifies requirements for a valid entrustment agreement terminating parental rights to a child and authorizing a local board of social services or licensed child-placing agency to consent to the adoption of a child, and clarifies the requirement for counseling of birth parents, to include the provision of oral and written explanation of the adoption process, legal effects of adoption, and alternatives to adoption.