Robert L SB1217 Selected Acts 2015

User Manual: SB1217

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Selected Acts of the 2015
Virginia General Assembly
Compiled by
The Virginia Department of State Police
This volume of Selected Acts contains legislation passed by the 2015 Session of the Virginia General Assembly that is
relevant to criminal law and highway safety. Additional copies of this reference guide may be found at the Virginia State
Police website at: http://www.vsp.state.va.us/FormsPublications.shtm.
EXPLANATIONS WHICH MAY BE HELPFUL IN STUDYING THESE ACTS:
1. Italicized words indicate new language.
2. Lined through words indicate language that has been removed.
3. The table of contents is divided into four categories: Traffic, Criminal, Firearms and Miscellaneous. The bills
in those categories are presented in either full text or summary form. Summarized bills are less relevant, yet
still important legislation, and are found at the back of each section. Although summarized bills are not
discussed in the recorded Selected Acts presentation, they should be reviewed.
4. Emergency Acts - are Acts with an emergency clause and were effective the moment they were signed by the
Governor. Generally, the emergency clause appears as the last sentence of the Act.
5. Effective date - All Acts, other than those containing an emergency clause or those specifying a delayed
effective date, become law on July 1, 2015. Note that different portions of a bill may carry different effective
dates.
6. A brief overview outlining changes, provided by the Division of Legislative Services, appears at the beginning
of each full text bill. This overview is only a brief synopsis of the bill. Before taking any enforcement action,
carefully read the entire bill. Also, note that the Table of Contents contains a bill description which is not
necessarily the same as the short title of the bill.
7. Questions regarding Selected Acts may be directed to the Office of Legal Affairs at (804) 674-6722.
8. Additional information on legislation may be found at: http://virginiageneralassembly.gov/and the Virginia
State Police website at www.vsp.state.va.us.
i
TABLE OF CONTENTS
TRAFFIC FULL TEXT
CODE
SECTION
BILL
DESCRIPTION
PAGE
§ 46.2-816.
HB1342
and
SB1220
Following too closely.
1
§ 46.2-1025.
HB1344
Flashing lights on motor vehicles; "move over" law.
2
§ 33.2-500.
HB2235
HOT lanes; law-enforcement vehicles.
4
§ 46.2-1049.
HB1551
and
SB702
Antique vehicle exhaust systems.
5
§ 46.2-203.2.
HB1392
Department of Motor Vehicles; emergency contact program.
6
§ 46.2-1110.
SB956
Overheight vehicles on the Hampton Roads Bridge Tunnel.
7
§ 46.2-838.
HB1379
Overtaking stationary mail vehicles; reduce speed.
9
§ 46.2-838.
HB1649
Passing stationary refuse collection vehicles.
10
§ 46.2-1012.
HB1700
Motorcycles and autocycles; relating to brake lights
11
§ 46.2-118.
SB793
Towing vehicles with occupants.
12
§ 46.2-909.
SB836
Riding on motorcycles.
14
§§ 46.2-324.1,
46.2-341.4, 46.2-
341.7, 46.2-341.8,
46.2-341.9, 46.2-
341.10, 46.2-
341.12,
46.2-341.14, 46.2-
341.14:1, 46.2-
341.15, 46.2-
341.16, 46.2-
341.18:3, 46.2-
341.20, 46.2-
341.20:4,
46.2-348, 46.2-
2011.29, 46.2-
2139, 46.2-2900,
46.2-2906, 46.2-
2907, and 52-8.4
and adding 46.2-
649.3 and 46.2-
649.4.
HB2038
Commercial motor carriers. 15
§ 46.2-625 and
adding 46.2-
602.4..
SB1003
Titling and registration requirements; off-
road motorcycles
converted to on-road use; penalty. 39
§ 46.2-1028.1.
HB2289
Auxiliary lights on public utility vehicles.
41
§ 46.2-804.
SB781
Passing with a double yellow line.
42
ii
TRAFFIC SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
§§ 46.2-694, 46.2-
711, 46.2-749.5,
46.2-753, 46.2-
755, 46.2-1400,
46.2-2000, 46.2-
2001.3, 46.2-
2011.5, 46.2-
2011.6, 46.2-
2011.20,
46.2-2011.22,
46.2-2011.24,
46.2-2011.29, and
46.2-2051.
and
HB1662
Transportation network companies.
44
Uncodified Act
and
Hauling motor fuels; times of emergency.
44
§ 46.2-1148.1.
and
Overweight permits; forest products.
44
§ 46.2-1177.
and
Motor vehicle emissions inspection program; autocycles.
44
§ 15.2-1610.
Sheriff's office; motor vehicle markings.
44
§ 46.2-345.
Special identification cards.
44
§ 46.2-380.
Accident reports maintained by DMV.
44
§ 15.2-968.01.
Parking in residential areas; public right-of-way.
44
§ 46.2-1028.1.
Vehicle illuminated identification systems.
45
§ 46.2-873.
and
Speed limits in school zones.
45
§§ 18.2-271.1 and
46.2-391.01.
DUI; persons convicted under laws of other states or federal law;
restricted license; ignition interlock.
45
iii
CRIMINAL FULL TEXT
CODE
SECTION
DESCRIPTION
PAGE
§ 18.2-250.1.
and
Possession or distribution of marijuana for medical purposes;
epilepsy.
46
§ 19.2-70.3.
Warrant requirement for certain telecommunications records;
prohibition on collection by law enforcement.
48
§ 18.2-57.
Assault and battery against certain persons.
51
§ 58.1-1017.1 and
adding 58.1-
1017.3.
and
Cigarettes; possession with intent to distribute contraband;
fraudulent purchase; penalties.
53
§§ 54.1-3450 and
54.1-3452.
Scheduling of certain controlled substances.
55
§ 18.2-50.3.
Enticing persons to dwelling house to commit certain crimes;
penalty.
64
§ 18.2-355.
Pandering; minors; penalty.
65
§ 8.01-40.3.
Dissemination, etc., of criminal history record information; civil
action.
66
§ 8.01-40.3.
Dissemination, etc., of criminal history record; civil action.
67
§ 18.2-251.03.
and
Safe reporting of overdoses.
68
§ 19.2-249.2.
Creation of unlawful images; venue.
70
§§ 18.2-374.1:1
and 18.2-381.
Child pornography; obscenity; penalties.
71
§ 19.2-386.23.
Drugs forfeited to law enforcement; research and training.
73
§ 19.2-53.
Search warrants; computers, networks, and other electronic devices.
75
§ 19.2-10.2.
and
Administrative subpoenas; electronic communication services
nondisclosure of subpoena.
76
§ 18.2-359.
Indecent liberties; venue.
78
§§ 19.2-244 and
19.2-247.
and
Venue in criminal cases.
79
§ 19.2-70.3.
Real-time location data; search warrant.
80
§ 18.2-370.5.
Sex offenses prohibiting entry onto school or other property;
hearing.
83
§§ 9.1-902, 17.1-
805, 18.2-46.1,
18.2-356, 18.2-
357, 18.2-513,
19.2-215.1, and
19.2-386.35 and
adding 18.2-357.1.
and
SB1188
Commercial sex trafficking; penalties.
84
§ 23-234.
Campus police departments; sexual assault reporting.
92
§§ 8.01-225 and
54.1-3408.
HB1833
and
Naloxone; administration in cases of opiate overdose.
94
§ 54.1-3446.
and
Schedule I drugs.
103
§ 19.2-386.2.
Seizure of property; inventory required.
114
iv
CRIMINAL SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
§§ 4.1-100 and
4.1-103.
and
Alcoholic beverage control; powdered or crystalline alcohol;
penalty.
115
§ 9.1-907.
and
Sex Offender and Crimes Against Minors Registry; registration
verification.
115
§§ 3.2-801, 54.1-
3401, and adding
in Title 3.2 a
chapter numbered
41.1, consisting of
sections
numbered 3.2-
4112 through 3.2-
4120.
and
SB955
Industrial hemp production and manufacturing.
115
§ 19.2-310.2.
DNA data bank; State Police to verify receipt of samples from
persons on the Sex Offender and Crimes Against Minors Registry.
115
§§ 19.2-310.2 and
19.2-310.7.
and
DNA analysis upon conviction of certain misdemeanors.
115
§ 19.2-389.
Department of Juvenile Justice; access to criminal history record
information.
115
§ 19.2-53.1.
Taking blood samples pursuant to search warrant; qualified
immunity.
116
§ 9.1-918.
and
Supplement to the Sex Offender and Crimes Against Minors
Registry (Robby's Rule).
116
§§ 37.2-910, 37.2-
911, 37.2-913, and
37.2-914.
Sexually violent predators; notice of hearings; conditional release
plan.
116
§ 19.2-69.
Right to privacy in electronic communications; confidential
relationship; civil action.
116
§§ 58.1-1000 and
58.1-1007 and
adding 3.2-
4206.01.
and
SB1232
Administration and enforcement of cigarette laws.
116
§ 18.2-371.2 and
adding sections
numbered 59.1-
293.10 and 59.1-
293.11.
and
SB1325
Purchase, etc., of tobacco products by minors; liquid nicotine
packaging; penalty.
116
adding sections
numbered
23-9.2:15, 23-
9.2:16, and 23-
9.2:17.
and
HB1930
Institutions of higher education; reporting acts of sexual violence.
116
v
FIREARMS FULL TEXT
CODE
SECTION
DESCRIPTION
PAGE
§ 18.2-308.1.
Firearms, other weapons on school property.
118
§ 18.2-308.2.
Possession, etc., of firearms, etc., by convicted felons; restoration of
rights.
120
FIREARMS SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
§ 18.2-308.2.
Firearms; restoration of rights; venue.
122
§§ 15.2-1721, 30-
34.2:2, and 52-
11.5.
Unclaimed firearms; donation to Department of Forensic Science.
122
§ 18.2-308.2:2.
Transfer, etc., of firearms from licensed dealer; criminal history
record information.
122
vi
MISCELLANEOUS – FULL TEXT
CODE
SECTION
DESCRIPTION
PAGE
§ 40.1-51.1.
Workplace safety; employer reporting requirements.
123
§ 54.1-2523.
Prescription Monitoring Program; subpoenas.
124
§§ 19.2-389, 37.2-
819, and 64.2-
2014.
Law-enforcement access to involuntary admission and incapacity
information.
126
§§ 37.2-808 and
37.2-1104.
Temporary detention for testing, observation, and treatment of
person who is the subject of an emergency custody order.
133
vii
MISCELLANEOUS – SUMMARY ONLY
CODE
SECTION
DESCRIPTION
PAGE
Uncodified Act
and
Designating the Trooper Jacqueline Vernon Memorial Bridge.
137
Uncodified Act
and
Designating the Trooper Andrew Fox Memorial Bridge.
137
Uncodified Act
Designating the Trooper Donald E. Lovelace Memorial Bridge.
137
Uncodified Act
Designating the Trooper Garland Matthew Miller Memorial Bridge.
137
§§ 46.2-1600,
46.2-1601, 46.2-
1602, 46.2-
1603.2, 46.2-
1605, 46.2-1608,
and 46.2-1608.2.
and
SB1259
Salvage and rebuilt vehicles; penalty.
137
§ 32.1-282.1.
Per diem medicolegal death investigators.
137
§§ 10.1-115
through 10.1-119.
and
Conservation officers; Breaks Interstate Park.
137
§ 29.1-109.
Reciprocal law-enforcement agreements.
137
§ 62.1-132.12.
and
Virginia Port Authority police powers.
137
§§ 19.2-12, 19.2-
56, 19.2-187, and
19.2-187.01.
and
United States Postal Service; inspectors.
137
§ 53.1-133.02.
Notice required upon transfer of prisoner.
137
§ 32.1-370.
and
Right to breastfeed in public places.
138
§ 2.2-3705.5.
Local and regional adult fatality review teams; penalty.
138
§ 54.1-2523.
Prescription Monitoring Program; disclosure of information.
138
§§ 16.1-340.1:1
and 37.2-809.1.
and
Temporary detention order; custody.
138
§§ 2.2-3701 and
2.2-3707.
Virginia Freedom of Information Act (FOIA); exception to open
meeting requirements.
138
§ 2.2-3711.
Virginia Freedom of Information Act (FOIA); open meeting
exemptions; discussions relating to cybersecurity.
138
§ 2.2-3705.2.
Virginia Freedom of Information Act; record exemption for public
safety; cybersecurity.
138
§§ 2.2-3701 and
9.1-101.
and
Private police departments.
139
§§ 9.1-139 and
9.1-144.
Private investigators; personal protection specialist; independent
contractors.
139
§§ 9.1-102, 44-
146.18 and adding
15.2-1718.2.
and
Missing persons; search and rescue.
139
§ 46.2-1601.1.
and
Display of salvage license numbers.
139
§ 2.2-603.
IT responsibility of agency directors.
139
viii
MISCELLANEOUS – SUMMARY ONLY cont’d
CODE
SECTION
DESCRIPTION
PAGE
§ 8.01-225.
Civil immunity for rendering emergency care; forcible entry of
motor vehicle to remove a minor.
139
§ 2.2-1150.2.
Department of General Services; state-owned communication
towers; charges for use.
139
§ 32.1-111.5.
Emergency medical services personnel; background checks; process.
140
§ 9.1-102 is
amended by
sections numbered
9.1-116.2 and
9.1-116.3
and
SB1094
Sexual and domestic violence; establishment of committees.
140
§ 8.01-225.3.
Immunity for volunteer first responders en route to an emergency.
140
§ 19.2-392.2.
Expungement of police and court records; hearing.
140
§ 30-34.2:1.
and
Capitol Police; security for Governor-elect, Lieutenant Governor-
elect, Attorney General-elect, and members of the Court of Appeals.
140
§ 46.2-105.1.
Unlawful provision of driver's license examination answers.
140
§ 46.2-383.
Juvenile records; Department of Motor Vehicles.
140
§§ 51.1-142.2 and
51.1-142.3.
and
Virginia Retirement System; purchase of service credit for prior
service.
140
§ 19.2-190.1.
Preliminary hearing; certification of ancillary misdemeanor offenses.
141
§ 2.2-3103.
Prohibited conduct by state and local government officers and
employees; retaliation.
141
§ 40.1-28.7:5.
Employers; disclosure of social media account information.
141
§ 19.2-271.
Testimony of certain judicial personnel.
141
§§ 9.1-400, 9.1-
401, 9.1-402
through 9.1-405,
and 9.1-407 and
adding, 9.1-400.1
and Article 3.1 of
Chapter 1 of Title
51.1 a section
numbered 51.1-
124.37.
Line of Duty Act.
141
§§ 32.1-309.1 and
32.1-309.2.
Disposition of dead bodies.
141
§ 2.2-4350.1.
Prohibition on payments without an appropriation; prohibition on
IOUs.
141
ix
MISCELLANEOUS – SUMMARY ONLY cont’d
CODE
SECTION
DESCRIPTION
PAGE
§§ 15.2-2292,
19.2-389, 19.2-
392.02, 63.2-100,
63.2-1702, 63.2-
1704, 63.2-1720
through
63.2-1723, 63.2-
1725, and 63.2-
1727 and adding
sections numbered
63.2-1701.1, 63.2-
1704.1,
63.2-1720.1, and
63.2-1721.1.
Family day homes and child day centers; licensure; background
checks; reporting; notice.
141
§§ 2.2-2012, 2.2-
4301, 2.2-4302.2,
2.2-4303, 2.2-
4304, 2.2-4343,
23-38.110, and
33.2-283 and
adding sections
numbered 2.2-
4303.1 and 2.2-
4303.2.
and
SB1371
Virginia Public Procurement Act (VPPA); methods of procurement;
job order contracting and cooperative procurement.
142
§§ 2.2-115, 2.2-
206.2, 2.2-419,
2.2-420, 2.2-424,
2.2-426, 2.2-430,
2.2-431, 2.2-3101,
2.2-3103.1, 2.2-
3104, 2.2-
3104.01, 2.2-
3106, 2.2-3114
through 2.2-3118,
2.2-3121, 2.2-
3124, 30-101,
30-103.1, 30-110,
30-111, 30-124,
30-126, 30-355,
30-356, and 30-
357 and adding
2.2-3103.2 and
30-356.1.
and
SB1424
State and Local Government Conflict of Interests Act, General
Assembly Conflicts of Interests Act, and Virginia Conflict of Interest
and Ethics Advisory Council; certain gifts prohibited; approvals
required for certain travel.
142
§ 19.2-60.1.
and
Use of unmanned aircraft systems by public bodies; search warrant
required.
143
§§ 9.1-150.2,
15.2-1748, and
19.2-13.
and
Special conservators of the peace; training, orders of appointment,
registration, etc.
143
1
TRAFFIC FULL TEXT
CHAPTER 188
An Act to amend and reenact § 46.2-816 of the Code of Virginia, relating to drivers following too closely.
[H 1342]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-816 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-816. Following too closely.
The driver of a motor vehicle shall not follow another motor vehicle, trailer, or semitrailer more closely than is
reasonable and prudent, having due regard to the speed of both vehicles and the traffic on, and conditions of, the
highway at the time.
Following too closely. Includes non-motor vehicles (bicycles, electric assistive mobility devices, electric power-
assisted bicycles, and mopeds) among vehicles that the driver of any motor vehicle shall not follow more closely
than is reasonable. This bill is identical to SB 1220.
2
CHAPTER 41
An Act to amend and reenact § 46.2-1025 of the Code of Virginia, relating to vehicles equipped with flashing amber,
purple, or green warning lights. [H 1344]
Approved March 10, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1025 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1025. Flashing amber, purple, or green warning lights.
A. The following vehicles may be equipped with flashing, blinking, or alternating amber warning lights of types
approved by the Superintendent:
1. Vehicles used for the principal purpose of towing or servicing disabled vehicles;
2. Vehicles used in constructing, maintaining, and repairing highways or utilities on or along public highways, or in
assisting with the management of roadside and traffic incidents, or performing traffic management services along
public highways;
3. Vehicles used for the principal purpose of removing hazardous or polluting substances from state waters and
drainage areas on or along public highways, or state vehicles used to perform other state-required environmental
activities, provided that the amber lights are not lit while the vehicle is in motion;
4. Vehicles used for servicing automatic teller machines, provided the amber lights are not lit while the vehicle is in
motion;
5. Vehicles used in refuse collection, provided the amber lights are lit only when the vehicles are engaged in refuse
collection operations;
6. Vehicles used by individuals for emergency snow-removal purposes;
7. Hi-rail vehicles, provided the amber lights are lit only when the vehicles are operated on railroad rails;
8. Fire apparatus, ambulances, and rescue and life-saving vehicles, provided the amber lights are used in addition to
lights permitted under § 46.2-1023 and are so mounted or installed as to be visible from behind the vehicle;
9. Vehicles owned and used by businesses providing security services, provided the amber lights are not lit while the
vehicle is being operated on a public highway;
10. Vehicles used to collect and deliver the United States mail, provided the amber lights are lit only when the
vehicle is actually engaged in such collection or delivery;
11. Vehicles used to transport petroleum or propane products, provided the amber light is mounted on the rear of the
vehicle and is lit when parked while making a delivery of petroleum or propane products, or when the vehicle's
Flashing lights on motor vehicles; "move over" law. Allows vehicles that assist with the management of
roadside and traffic incidents or that perform traffic management services along public highways to be equipped
with flashing, blinking, or alternating amber warning lights. Virginia's "move over" law applies to such vehicles.
A violation of this provision is punishable as a traffic infraction.
3
back-up lights are lit and its device producing an audible signal when the vehicle is operated in reverse gear, as
provided for in § 46.2-1175.1, is in operation;
12. Vehicles used by law-enforcement agency personnel in the enforcement of laws governing motor vehicle
parking;
13. Government-owned law-enforcement vehicles, provided the lights are used for the purpose of giving directional
warning to vehicular traffic to move one direction or another and are not lit while the vehicle is in motion;
14. Chase vehicles when used to unload a hot air balloon or used to load a hot air balloon after landing, provided the
amber lights are not lit while the vehicle is in motion;
15. Vehicles used for farm, agricultural, or horticultural purposes, or any farm tractor;
16. Vehicles owned and used by construction companies operating under Virginia contractors licenses;
17. Vehicles used to lead or provide escorts for bicycle races authorized by the Department of Transportation or the
locality in which the race is being conducted;
18. Vehicles used by radio or television stations for remote broadcasts, provided that the amber lights are not lit
while the vehicle is in motion;
19. Vehicles used by municipal safety officers in the performance of their official duties. For the purpose of this
subdivision, "municipal safety officers" means municipal employees responsible for managing municipal safety
programs and ensuring municipal compliance with safety and environmental regulatory mandates;
20. Vehicles used as pace cars, security vehicles, or fire-fighting firefighting vehicles by any speedway or motor
vehicle race track, provided that the amber lights are not lit while the vehicle is being operated on a public highway;
21. Vehicles used in patrol work by members of neighborhood watch groups approved by the chief law-enforcement
officer of the locality in their assigned neighborhood watch program area, provided that the vehicles are clearly
identified as neighborhood watch vehicles, and the amber lights are not lit while the vehicle is in motion; and
22. Vehicles that are not tow trucks as defined in § 46.2-100, but are owned or controlled by a towing and recovery
business, provided that the amber lights are lit only when the vehicle is being used at a towing and recovery site.
B. Except as otherwise provided in this section, such amber lights shall be lit only when performing the functions
which qualify them to be equipped with such lights.
C. Vehicles used to lead or provide escorts for funeral processions may use either amber warning lights or purple
warning lights, but amber warning lights and purple warning lights shall not simultaneously be used on the same
vehicle. The Superintendent of State Police shall develop standards and specifications for purple lights authorized in
this subsection.
D. Vehicles used by police, fire-fighting firefighting, or rescue personnel as command centers at the scene of
incidents may be equipped with and use green warning lights of a type approved by the Superintendent. Such lights
shall not be activated while the vehicle is operating upon the highway.
4
CHAPTER 73
An Act to amend and reenact § 33.2-500 of the Code of Virginia, relating to use of HOT lanes by law-enforcement
vehicles. [H 2235]
Approved March 10, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 33.2-500 of the Code of Virginia is amended and reenacted as follows:
§ 33.2-500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"High-occupancy requirement" means the number of persons required to be traveling in a vehicle for the vehicle to
use HOT lanes without the payment of a toll. Emergency vehicles, law-enforcement vehicles using being used in
HOT lanes in the performance of their law-enforcement duties, which shall not include the use of such vehicles for
commuting to and from the workplace or for any purpose other than responding to an emergency incident,
patrolling HOT lanes pursuant to an agreement by a state agency with the HOT lanes operator, or the time-sensitive
investigation, active surveillance, or actual pursuit of persons known or suspected to be engaged in or with
knowledge of criminal activity, and mass transit vehicles and commuter buses shall meet the high-occupancy
requirement for HOT lanes, regardless of the number of occupants in the vehicle.
"High-occupancy toll lanes" or "HOT lanes" means a portion of a highway containing one or more travel lanes
separated from other lanes that has an electronic toll collection system, provides for free passage by vehicles that
meet the high-occupancy requirement, and contains a photo-enforcement system for use in such electronic toll
collection. HOT lanes shall not be a "toll facility" or "HOV lanes" for the purposes of any other provision of law or
regulation.
"High-occupancy vehicle lanes" or "HOV lanes" means a portion of a highway containing one or more travel lanes
for the travel of high-occupancy vehicles or buses as designated pursuant to § 33.2-320.
"HOT lanes operator" means the operator of the facility containing HOT lanes, which may include the Department
of Transportation or some other entity.
"Mass transit vehicles" and "commuter buses" means vehicles providing a scheduled transportation service to the
general public. Such vehicles shall comprise nonprofit, publicly or privately owned or operated transportation
services, programs, or systems that may be funded pursuant to § 58.1-638.
"Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles or with the
equivalent agency in another state. "Owner" does not mean a vehicle rental or vehicle leasing company.
"Photo-enforcement system" means a sensor installed in conjunction with a toll collection device to detect the
presence of a vehicle that automatically produces one or more photographs, one or more microphotographs, a
videotape, or other recorded images of each vehicle's license plate at the time it is detected by the toll collection
device.
"Unauthorized vehicle" means a motor vehicle that is restricted from use of the HOT lanes pursuant to subdivision
4a of § 33.2-503.
HOT lanes; law-enforcement vehicles. Clarifies the circumstances under which law-enforcement vehicles may
use HOT lanes without paying a toll.
5
CHAPTER 165
An Act to amend and reenact § 46.2-1049 of the Code of Virginia, relating to antique vehicle exhaust systems; noise.
[H 1551]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1049 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1049. Exhaust system in good working order.
No person shall drive and no owner of a vehicle shall permit or allow the operation of any such vehicle on a
highway unless it is equipped with an exhaust system in good working order and in constant operation to prevent
excessive or unusual levels of noise; provided however, that for motor vehicles, such exhaust system shall be of a
type installed as standard factory equipment, or comparable to that designed for use on the particular vehicle as
standard factory equipment. An exhaust system shall not be deemed to prevent excessive or unusual noise if it
permits the escape of noise in excess of that permitted by the standard factory equipment exhaust system of private
passenger motor vehicles or trucks of standard make.
The term "exhaust system," as used in this section, means all the parts of a vehicle through which the exhaust passes
after leaving the engine block, including mufflers and other sound dissipative devices.
Chambered pipes are not an effective muffling device to prevent excessive or unusual noise, and any vehicle
equipped with chambered pipes shall be deemed in violation of this section.
The provisions of this section shall not apply to (i) any antique motor vehicle manufactured prior to 1950, provided
the engine is comparable to that designed as standard factory equipment for use on that particular vehicle, and the
exhaust system is in good working order, or (ii) converted electric vehicles.
Antique vehicle exhaust systems. Exempts an antique motor vehicle manufactured prior to 1950, provided that
the engine is comparable to that designed as standard factory equipment for that particular vehicle and that the
exhaust system in good working order, from the requirement that motor vehicle exhaust systems "prevent
excessive or unusual noise." This bill is identical to SB 702.
6
CHAPTER 162
An Act to amend the Code of Virginia by adding a section numbered 46.2-203.2, relating to the Department of
Motor Vehicles; emergency contact program. [H 1392]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 46.2-203.2 as follows:
§ 46.2-203.2. Emergency contact information program.
A. As used in this section, "emergency contact" means a person 18 years of age or older whom the customer may
designate to be contacted by a law-enforcement officer in an emergency situation.
B. The Department may establish an emergency contact information program to assist law-enforcement personnel in
emergency situations. To establish such a program, a person who currently holds a learner's permit, temporary
driver's license, driver's license, commercial driver's license, or special identification card issued by the Department
or completes an application for the same may voluntarily submit emergency contact information for inclusion in his
customer record with the Department. Such emergency contact information may include the name, relationship to
the customer, address, and telephone number for an individual the customer designates as a contact in the event of
an emergency situation.
C. Any person voluntarily submitting emergency contact information to the Department for inclusion in the
applicant's customer record is responsible for maintaining current emergency contact information with the
Department. Each applicant submitting emergency contact information to the Department shall certify in his
application that he has notified the person he has designated as an emergency contact that such information will be
supplied to the Department. The Department shall provide a method by which applicants submitting emergency
contact information to the Department may submit such information electronically pursuant to § 46.2-216.1.
Customers may add, modify, or delete information at any time. Such modifications or deletions will overwrite all
previously provided information.
D. In the event of an emergency situation, the Department shall make emergency contact information in customer
records electronically available to a law-enforcement officer who in the exercise of his official duties requires
assistance in reaching a customer's emergency contact. Emergency contact information provided to the Department
by the customer shall only be disclosed as permitted in this section and shall not be considered a public record
subject to disclosure under the Freedom of Information Act and shall not be subject to disclosure by court order or
other means of discovery.
E. In the absence of gross negligence or willful misconduct, the Department, its employees, and law-enforcement
officers shall be immune from any civil or criminal liability in connection with the maintenance and use of
emergency contact information voluntarily provided by customers for use in an emergency situation.
2. That the provisions of this act shall become effective on January 1, 2016.
Department of Motor Vehicles; emergency contact program. Provides that DMV may establish an
emergency contact program to allow customers to give DMV the name of an emergency contact person and
related emergency contact information, which the customer may update or delete electronically at any time, to be
kept in the customer's DMV record and made available to law-enforcement officers in emergency situations. The
bill has a delayed effective date of January 1, 2016.
7
CHAPTER 181
An Act to amend and reenact § 46.2-1110 of the Code of Virginia, relating to penalties for overheight vehicles.
[S 956]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1110 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1110. Height of vehicles; damage to overhead obstruction; penalty.
No loaded or unloaded vehicle shall exceed a height of 13 feet, six inches.
Nothing contained in this section shall require either the public authorities or railroad companies to provide vertical
clearances of overhead bridges or structures in excess of 12 feet, six inches, or to make any changes in the vertical
clearances of existing overhead bridges or structures crossing highways. The driver or owner of vehicles on
highways shall be held financially responsible for any damage to overhead bridges or structures that results from
collisions therewith.
The driver or owner of any vehicle colliding with an overhead bridge or structure shall immediately notify, either in
person or by telephone, a law-enforcement officer or the public authority or railroad company, owning or
maintaining such overhead bridge or structure of the fact of such collision, and his name, address, driver's license
number, and the registration number of his vehicle. Failure to give such notice immediately, either in person or by
telephone, shall constitute a Class 1 misdemeanor.
On any highway maintained by the Virginia Department of Transportation over which there is a bridge or structure
having a vertical clearance of less than 14 feet, the Commissioner of Highways shall have at least two signs erected
setting forth the height of the bridge or structure. Such signs shall be located at least 1,500 feet ahead of the bridge
or structure.
On any highway maintained by a county, city, or town over which a bridge or structure has a vertical clearance of
less than 14 feet, the local governing body shall have at least two signs erected setting forth the height of the bridge
or structure. Such signs shall be located at least 1,500 feet ahead of the bridge or structure.
The Virginia Department of Transportation may install and use overheight vehicle optical detection systems to
identify vehicles that exceed the overhead clearance of the westbound tunnel of the Hampton Roads Bridge Tunnel
on Interstate Route 64. When the optical system sensor located closest to the westbound tunnel entrance is used in
identifying such vehicles, the system shall be installed at the specified height as determined by measurement
standards that have been certified by the Commissioner of the Virginia Department of Agriculture and Consumer
Services, and are traceable to national standards of measurement. Such identification by such system shall, for all
purposes of law, be equivalent to having measured the height of the vehicle with a tape measure or other measuring
device. When an employee of the Department of Transportation or the Department of State Police identifies a
vehicle whose height exceeds 13 feet, six inches and whose driver is driving or attempting to drive through the
westbound tunnel of the Hampton Roads Bridge Tunnel on Interstate 64, the driver of such vehicle may elect to wait
until the end of peak traffic periods, as determined by the Department of Transportation, so that the Department of
Transportation or Department of State Police may safely stop traffic and allow such vehicle to proceed in the
opposite direction. If the driver does not elect to wait, he shall be subject to the penalties under this section.
Overheight vehicles on the Hampton Roads Bridge Tunnel. Exempts from penalties applicable to overheight
vehicles the driver of any vehicle exceeding the prescribed maximum height who is attempting to drive through
the westbound tunnel of the Hampton Roads Bridge Tunnel and who elects to wait until the end of peak traffic
periods so that the Department of Transportation or State Police may safely stop traffic and allow the vehicle to
proceed in the opposite direction.
8
Any person who drives or attempts to drive any vehicle or combination of vehicles into or through any tunnel when
the height of such vehicle, any vehicle in a combination of vehicles, or any load on any such vehicle exceeds that
permitted for such tunnel, shall be guilty of a misdemeanor and, in addition, shall be assessed three driver demerit
points. In addition, the driver of any such vehicle shall be fined $1,000, of which $1,000 shall be a mandatory
minimum. For subsequent offenses, the owner of any such vehicle shall be fined $2,500, of which $2,500 shall be a
mandatory minimum.
A violation of this section shall be deemed for all purposes a moving violation.
9
. CHAPTER 189
An Act to amend and reenact § 46.2-838 of the Code of Virginia, relating to passing when overtaking a stationary
mail vehicle. [H 1379]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-838 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-838. Passing when overtaking a vehicle.
A. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet
to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such
overtaken vehicle, except as otherwise provided in this article.
B. The driver of any motor vehicle, upon overtaking a stationary vehicle that is displaying a flashing, blinking, or
alternating amber light as provided in § 46.2-892 or subdivision A 10 of § 46.2-1025, shall proceed with due
caution and maintain a safe speed for highway conditions.
Overtaking stationary mail vehicles; reduce speed. Requires the driver of any motor vehicle overtaking a
stationary vehicle used to collect or deliver the United States mail that is displaying a flashing, blinking, or
alternating amber light to proceed with due caution and maintain a safe speed.
10
CHAPTER 197
An Act to amend and reenact § 46.2-838 of the Code of Virginia, relating to passing when overtaking a stationary
refuse-collection vehicle. [H 1649]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-838 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-838. Passing when overtaking a vehicle.
A. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet
to the left of the overtaken vehicle and shall not again drive to the right side of the highway until safely clear of such
overtaken vehicle, except as otherwise provided in this article.
B. The driver of any motor vehicle, upon overtaking a stationary vehicle in the process of refuse collection
operations, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic
proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due
regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to
the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe or on highways having fewer than
four lanes, proceed with due caution and decrease speed to 10 miles per hour below the posted speed limit and pass
at least two feet to the left of the vehicle.
Passing stationary refuse collection vehicles. Requires that, with due regard to safety and traffic conditions,
drivers of motor vehicles overtaking stationary vehicles in the process of refuse collection (i) on a highway of at
least four lanes, yield the right of way by a making a lane change into a nonadjacent lane or (ii) on a highway of
fewer than four lanes or if changing lanes would be unreasonable or unsafe, decrease speed to 10 mph below the
posted speed limit and pass at least two feet to the left of the stationary vehicle.
11
CHAPTER 405
An Act to amend and reenact § 46.2-1012 of the Code of Virginia, relating to brake lights on motorcycles and
autocycles. [H 1700]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1012 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1012. Headlights, auxiliary headlights, tail lights, brake lights, and illumination of license plates on
motorcycles or autocycles.
Every motorcycle or autocycle shall be equipped with at least one headlight which shall be of a type that has been
approved by the Superintendent and shall be capable of projecting sufficient light to the front of such motorcycle or
autocycle to render discernible a person or object at a distance of 200 feet. However, the lights shall not project a
glaring or dazzling light to persons approaching such motorcycles or autocycles. In addition, each motorcycle or
autocycle may be equipped with not more than two auxiliary headlights of a type approved by the Superintendent.
Motorcycles or autocycles may be equipped with means of modulating the high beam of their headlights between
high and low beam at a rate of 200 to 280 flashes per minute. Such headlights shall not be so modulated during
periods when headlights would ordinarily be required to be lighted under § 46.2-1030.
Every motorcycle or autocycle registered in the Commonwealth and operated on the highways of the
Commonwealth shall be equipped with at least one brake light of a type approved by the Superintendent.
Motorcycles or autocycles may be equipped with one or more auxiliary brake lights of a type approved by the
Superintendent. The Superintendent may by regulation prescribe or limit the size, number, location, and
configuration of such auxiliary brake lights.
Every motorcycle or autocycle shall carry at the rear at least one or more red lights plainly visible in clear weather
from a distance of 500 feet to the rear of such vehicle. Such tail lights shall be constructed and so mounted in their
relation to the rear license plate as to illuminate the license plate with a white light so that the same may be read
from a distance of 50 feet to the rear of such vehicle. Alternatively, a separate white light shall be so mounted as to
illuminate the rear license plate from a distance of 50 feet to the rear of such vehicle. Any such tail lights or special
white light shall be of a type approved by the Superintendent.
Motorcycles or autocycles may be equipped with a means of varying the brightness of the vehicle's brake light for a
duration of not more than five seconds upon application of the vehicle's brakes.
Brake lights on motorcycles and autocycles. Repeals the five-second maximum duration of increased
brightness of motorcycle and autocycle brake lights when the vehicle's brakes are applied.
12
CHAPTER 217
An Act to amend and reenact § 46.2-118 of the Code of Virginia, relating to towing vehicles with occupants.
[S 793]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-118 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators.
A. No tow truck driver shall:
1. Use fraud or deceit in the offering or delivering of towing and recovery services;
2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
4. Obtain any fee by fraud or misrepresentation;
5. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of
a law-enforcement officer to any location outside the Commonwealth; or
6. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or
delivery of towing and recovery services.
B. No towing and recovery operator shall:
1. Use fraud or deceit in the offering or delivering of towing and recovery services;
2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
4. Neglect to maintain on record at the towing and recovery operator's principal office a list of all drivers employed
by the towing and recovery operator;
5. Obtain any fee by fraud or misrepresentation;
6. Advertise services in any manner that deceives, misleads, or defrauds the public;
7. Advertise or offer services under a name other than one's own name;
8. Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two
commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual
gross income of less than $10,000 derived from the performance of towing and recovery services shall not be
Towing vehicles with occupants. Prohibits tow truck drivers and towing and recovery operators from
knowingly towing a motor vehicle with occupants.
13
required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217, but
shall be required to accept personal checks;
9. Fail to display at the towing and recovery operator's principal office in a conspicuous place a listing of all towing,
recovery, and processing fees for vehicles;
10. Fail to have readily available at the towing and recovery operator's principal office, at the customer's request, the
maximum fees normally charged by the towing and recovery operator for basic services for towing and initial
hookup of vehicles;
11. Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not
rendered;
12. Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of
service;
13. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services
rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;
14. Employ a driver required to register as a sex offender as provided in § 9.1-901;
15. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of
a law-enforcement officer to any location outside the Commonwealth;
16. Refuse, at the towing and recovery operator's place of business, to make change, up to $100, for the owner of the
vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the
vehicle;
17. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or
delivery of towing and recovery services; or
18. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing
and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in § 46.2-
1209.
C. No tow truck driver as defined in § 46.2-116 or towing and recovery operator as defined in § 46.2-100 shall
knowingly permit another person to occupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is
being towed.
14
CHAPTER 218
An Act to amend and reenact § 46.2-909 of the Code of Virginia, relating to standing while riding a motorcycle.
[S 836]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-909 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-909. Riding on motorcycles, generally.
Every person operating a motorcycle, as defined in § 46.2-100, excluding three-wheeled vehicles, shall ride only
upon the permanent seat attached to the motorcycle, and such unless safety dictates standing on both footpegs for no
longer than is necessary. Such operator shall not carry any other person. No other person shall ride on a motorcycle,
unless the motorcycle is designed to carry more than one person, in which event a passenger may ride on the
permanent seat if designed for two persons, or on another seat firmly attached to the rear or side of the seat for the
operator. If the motorcycle is designed to carry more than one person, it shall also be equipped with a footrest for the
use of such passenger.
Riding on motorcycles. Allows a operator of a motorcycle to stand on the footpegs, for no longer than is
necessary, when dictated by safety concerns.
15
CHAPTER 258
An Act to amend and reenact §§ 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9, 46.2-341.10, 46.2-
341.12, 46.2-341.14, 46.2-341.14:1, 46.2-341.15, 46.2-341.16, 46.2-341.18:3, 46.2-341.20, 46.2-341.20:4, 46.2-
348, 46.2-2011.29, 46.2-2139, 46.2-2900, 46.2-2906, 46.2-2907, and 52-8.4 of the Code of Virginia and to amend
the Code of Virginia by adding in Article 3 of Chapter 6 of Title 46.2 sections numbered 46.2-649.3 and 46.2-649.4,
relating to commercial motor vehicle operators. [H 2038]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-324.1, 46.2-341.4, 46.2-341.7, 46.2-341.8, 46.2-341.9, 46.2-341.10, 46.2-341.12, 46.2-341.14, 46.2-
341.14:1, 46.2-341.15, 46.2-341.16, 46.2-341.18:3, 46.2-341.20, 46.2-341.20:4, 46.2-348, 46.2-2011.29, 46.2-2139,
46.2-2900, 46.2-2906, 46.2-2907, and 52-8.4 of the Code of Virginia are amended and reenacted and that the Code
of Virginia is amended by adding in Article 3 of Chapter 6 of Title 46.2 sections numbered 46.2-649.3 and 46.2-
649.4 as follows:
§ 46.2-324.1. Requirements for initial licensure of certain applicants.
A. No driver's license shall be issued to any applicant unless he either (i) provides written evidence of having
satisfactorily completed a course of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-
1700 et seq.) or a comparable course approved by the Department or Department of Education or (ii) has held a
learner's permit issued by the Department for at least 60 days prior to his first behind-the-wheel examination by the
Department when applying for a noncommercial driver's license.
The provisions of this section shall only apply to persons who are at least 19 years old and who either (a) have never
held a driver's license issued by Virginia or any other state or territory of the United States or foreign country or (b)
have never been licensed or held the license endorsement or classification required to operate the type of vehicle
which they now propose to operate. Completion of a course of driver instruction approved by the Department or the
Department of Education at a driver training school may include the final behind-the-wheel examination for a
driver's license; however, a driver training school shall not administer the behind-the-wheel examination to any
applicant who is under medical control pursuant to § 46.2-322. Applicants completing a course of driver instruction
approved by the Department or the Department of Education at a driver training school retain the option of having
the behind-the-wheel examination administered by the Department.
B. No commercial driver's license shall be issued to any applicant unless he is 18 years old or older and has
complied with the requirements of subsection A of § 46.2-341.9. Applicants for a commercial driver's license who
have never before held a commercial driver's license shall apply for a commercial driver's instruction learner's
permit and either (i) provide written evidence of having satisfactorily completed a course of driver instruction at a
driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the
Department or Department of Education and hold the commercial driver's instruction learner's permit for a
minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver's license or (ii)
hold the commercial driver's instruction learner's permit for a minimum of 30 days before taking the behind-the-
wheel examination for the commercial driver's license.
Commercial motor carriers. Amends several motor carrier and commercial drivers' licensing laws, bringing
Virginia into compliance with Federal Motor Carrier Safety Regulations amendments regarding commercial
motor vehicles and exemptions regarding certain farm vehicles and their drivers. The bill lowers the age of
eligibility for an escort vehicle driver certification from 21 to 18 years. The bill also authorizes two additional
circumstances in which law enforcement may remove for-hire license plates: where the carrier's operating
authority has expired and where the plates are being used on a leased vehicle, and the bill makes all license plate
removal optional at the discretion of the law-enforcement officer.
16
Holders of a commercial driver's license who have never held the license endorsement or classification required to
operate the type of commercial motor vehicle which they now propose to operate must apply for a commercial
driver's instruction learner's permit if the upgrade requires a skills test and hold the permit for a minimum of 14
days prior to taking the behind-the-wheel examination for the commercial driver's license.
C. Nothing in this section shall be construed to prohibit the Department from requiring any person to complete the
skills examination as prescribed in § 46.2-325 and the written or automated examinations as prescribed in § 46.2-
335.
D. Notwithstanding the provisions of subsection B, applicants for a commercial driver's license who have never
before held a commercial driver's license who are members of the active duty military, military reserves, National
Guard, active duty United States Coast Guard, or Coast Guard Auxiliary and provide written evidence of having
satisfactorily completed a military commercial driver training program shall hold the commercial learner's permit
for a minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver's license.
E. Notwithstanding the provisions of subsection B, applicants for a commercial driver's license who have never
before held a commercial driver's license who are employed by a public school division as a bus driver and provide
written evidence of having satisfactorily completed a commercial driver training program with a public school
division shall hold the commercial learner's permit for a minimum of 14 days prior to taking the behind-the-wheel
examination for the commercial driver's license.
§ 46.2-341.4. Definitions.
The following definitions shall apply to this article, unless a different meaning is clearly required by the context:
"Air brake" means any braking system operating fully or partially on the air brake principle.
"Applicant" means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver's license or
to obtain or renew a commercial driver's instruction learner's permit.
"Automatic transmission" means, for the purposes of the skills test and the restriction, any transmission other than a
manual transmission.
"CDLIS driver record" means the electronic record of the individual commercial driver's status and history stored by
the State of Record as part of the Commercial Driver's License Information System (CDLIS).
"Commercial driver's instruction permit" means a permit issued to an individual in accordance with the provisions of
this article, or if issued by another state, a permit issued in accordance with the standards contained in the Federal
Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or
jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder
of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a commercial
driver's license holder, a commercial driver's instruction permit serves as authorization for accompanied behind-the-
wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not valid.
For purposes of this article "Commercial driver's instruction permit" shall have the same meaning as "Commercial
learner's permit (CLP)" in 49 C.F.R § 383.5 of the Federal Motor Carrier Safety regulations.
"Commercial driver's license" means any driver's license issued to a person in accordance with the provisions of this
article, or if the license is issued by another state, any license issued to a person in accordance with the federal
Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the
class and type and with the restrictions indicated on the license.
"Commercial driver's license information system" (CDLIS) means the CDLIS established by the Federal Motor
Carrier Safety Administration pursuant to § 12007 of the Commercial Motor Vehicle Safety Act of 1986.
17
"Commercial learner's permit" means a permit issued to an individual in accordance with the provisions of this
article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal
Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or
jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a
holder of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a
commercial driver's license holder, a commercial learner's permit serves as authorization for accompanied behind-
the-wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not
valid.
"Commercial motor vehicle" means, except for those vehicles specifically excluded in this definition, every motor
vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross
vehicle weight rating of 26,001 or more pounds; or (ii) has a gross combination weight rating of 26,001 or more
pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; or (iii) is
designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the
transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles
shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.
The following shall be excluded from the definition of commercial motor vehicle: any vehicle when used by an
individual solely for his own personal purposes, such as personal recreational activities; or any vehicle which (i) is
controlled and operated by a farmer, whether or not it is owned by the farmer, and which is used exclusively for
farm use, as defined provided in § §§ 46.2-649.3 and 46.2-698, (ii) is used to transport either agricultural products,
farm machinery or farm supplies to or from a farm, (iii) is not used in the operation of a common or contract motor
carrier, and (iv) is used within 150 miles of the farmer's farm; or any vehicle operated for military purposes by (a)
active duty military personnel, (b) members of the military reserves, (c) members of the national guard on active
duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and
national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve
technicians, and (d) active duty U.S. Coast Guard personnel; or emergency equipment operated by a member of a
firefighting, rescue, or emergency entity in the performance of his official duties.
"Commercial Motor Vehicle Safety Act" means the federal Commercial Motor Vehicle Safety Act of 1986, Title
XII of Public Law 99-570, as amended.
"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to
comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail or collateral deposited to
secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a
fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty
is rebated, suspended or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of
a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an
administrative determination shall include an unvacated certification or finding by an administrative or authorized
law-enforcement official that a person has violated a provision of law.
"Disqualification" means a prohibition against driving, operating or being in physical control of a commercial motor
vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-
enforcement official or body.
"Domicile" means a person's true, fixed and permanent home and principal residence, to which he intends to return
whenever he is absent.
"Employee" means a payroll employee or person employed under lease or contract, or a person who has applied for
employment and whose employment is contingent upon obtaining a commercial driver's license.
"Employer" means a person who owns or leases commercial motor vehicles and assigns employees to drive such
vehicles.
18
"Endorsement" means an authorization to an individual's commercial driver's license or commercial driver's
instruction learner's permit required to permit the individual to operate certain types of commercial motor vehicles.
"FMCSA" means the Federal Motor Carrier Safety Administration.
"Full air brake" means any braking system operating fully on the air brake principle.
"Gross combination weight rating" means the value specified by the manufacturers of an articulated vehicle or
combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by
the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the
gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units,
including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is
registered in its state of registration; however, the registered gross weight shall not be applicable for determining the
classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-
341.14 or 46.2-341.16.
"Gross vehicle weight rating" means the value specified by the manufacturer of the vehicle as the maximum loaded
weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement
purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including
any load thereon; or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the
registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for
purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16.
"Hazardous materials" means materials designated to be hazardous in accordance with § 103 of the federal
Hazardous Materials Transportation Act, as amended, (49 U.S.C. § 5101 et seq.) and which require placarding when
transported by motor vehicle as provided in the federal Hazardous Materials Regulations (49 C.F.R. Part 172,
Subpart F); it also includes any quantity of any material listed as a select agent or toxin in federal Public Health
Service Regulations at 42 C.F.R. Part 73.
"Manual transmission" (also known as a stick shift, stick, straight drive, or standard transmission) means a
transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism
operated by either hand or foot.
"Non-commercial driver's license" means any other type of motor vehicle license, such as an automobile driver's
license, a chauffeur's license, or a motorcycle license.
"Nondomiciled commercial learner's permit" or "nondomiciled commercial driver's license" means a commercial
learner's permit or commercial driver's license, respectively, issued to a person in accordance with the provisions of
this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled
in a foreign jurisdiction that does not test drivers and issue commercial driver's licenses in accordance with, or
under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor
Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from
issuing commercial driver's licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.
"Out-of-service order" or "out-of-service declaration" means an order by a judicial officer pursuant to § 46.2-
341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or
regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by
authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States,
the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other
jurisdictions' officers pursuant to federal Federal Motor Carrier Safety Regulations, that a driver, a commercial
motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is
prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or
declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in
the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or
declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-
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of-service order or declaration has been lifted. For purposes of this article, the provisions of the federal Federal
Motor Carrier Safety Regulations (49 C.F.R. Parts 390 through 397), including such regulations or any substantially
similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada,
Mexico, or any locality shall be considered laws similar to the Virginia laws referenced herein.
"Person" means a natural person, firm, partnership, association, corporation, or a governmental entity including a
school board.
"Restriction" means a prohibition on a commercial driver's license or commercial driver's instruction learner's
permit that prohibits the holder from operating certain commercial motor vehicles.
"Seasonal restricted commercial driver's license" means a commercial driver's license issued, under the authority of
the waiver promulgated by the federal Department of Transportation (49 C.F.R. § 383.3) by Virginia or any other
jurisdiction, to an individual who has not passed the knowledge or skills tests required of other commercial driver's
license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on
the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm
currently being served.
"State" means one of the 50 states of the United States or the District of Columbia.
"Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials
within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity
of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such
vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However,
this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R.
Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation,
with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank
vehicle.
"Third party examiner" means an individual who is an employee of a third party tester and who is certified by the
Department to administer tests required for a commercial driver's license.
"Third party tester" means a person (including, but not limited to, another state, a motor carrier, a private institution,
the military, or a department, agency, or instrumentality of a local government) certified by the Department to
employ third party examiners to administer a test program for testing commercial driver's license applicants in
accordance with this article.
"VAMCSR" means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of
State Police pursuant to § 52-8.4.
§ 46.2-341.7. Commercial driver's license required; penalty.
A. No person shall drive a commercial motor vehicle in the Commonwealth unless he has been issued a commercial
driver's license or commercial driver's instruction learner's permit and unless such license or permit authorizes the
operation of the type and class of vehicle so driven, and unless such license or permit is valid.
B. Every driver of a commercial motor vehicle, while driving such vehicle in the Commonwealth, shall have in his
immediate possession the commercial driver's license or commercial driver's instruction learner's permit authorizing
the operation of such vehicle and shall make it available to any law-enforcement officer upon request. Failure to
comply with this subsection shall be punishable as provided in § 46.2-104.
C. No person shall drive a commercial vehicle in Virginia in violation of any of the restrictions or limitations stated
on his commercial driver's license or commercial driver's instruction learner's permit. A violation of the subsection
shall constitute a Class 2 misdemeanor.
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§ 46.2-341.8. Nonresidents and new residents.
A. Any person who is not domiciled in the Commonwealth, who has been duly issued a commercial driver's license
or commercial driver's instruction learner's permit by his state of domicile, who has such license or permit in his
immediate possession, whose privilege or license to drive any motor vehicle is not suspended, revoked, or cancelled,
and who has not been disqualified from driving a commercial motor vehicle, shall be permitted without further
examination or licensure by the Commonwealth, to drive a commercial motor vehicle in the Commonwealth.
Within 30 days after becoming domiciled in this Commonwealth, any person who has been issued a commercial
driver's license by another state and who intends to drive a commercial motor vehicle shall apply to the Department
for a Virginia commercial driver's license. If the Commissioner determines that such applicant is otherwise eligible
for a commercial driver's license, the Department will issue him a Virginia commercial driver's license with the
same classification and endorsements as his commercial driver's license from another state, without requiring him to
take the knowledge or skills test required for such commercial driver's license in accordance with § 46.2-330.
However, any such applicant seeking to transfer his commercial driver's license and to retain a hazardous materials
endorsement shall have, within the two-year period preceding his application for a Virginia commercial driver's
license, either (i) passed the required test for such endorsement specified in 49 C.F.R. § 383.121 or (ii) successfully
completed a hazardous materials test or training that is given by a third party and that is deemed to substantially
cover the same knowledge base as described in 49 C.F.R. § 383.121.
B. Any person who is (i) domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver's
licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part
383 of the Federal Motor Carrier Safety Regulations or (ii) domiciled in another state while that state is prohibited
from issuing commercial driver's licenses in accordance with decertification requirements of 49 C.F.R. § 384.405
may apply to the Department for a nondomiciled commercial learner's permit or nondomiciled commercial driver's
license.
An applicant for a nondomiciled commercial learner's permit or nondomiciled commercial driver's license shall be
required to meet all requirements for a commercial learner's permit or commercial driver's license, respectively.
An applicant domiciled in a foreign jurisdiction shall provide an unexpired employment authorization document
(EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport
accompanied by an approved Form I-94 documenting the applicant's most recent admittance into the United States.
An applicant for a nondomiciled commercial driver's license or nondomiciled commercial learner's permit shall not
be required to surrender his foreign license.
After receipt of a nondomiciled commercial driver's license or nondomiciled commercial learner's permit and for as
long as it is valid, holders of such licenses or permits shall be required to notify the Department of any adverse
action taken by any jurisdiction or governmental agency, foreign or domestic, against his driving privileges. Such
notification shall be made before the end of the business day following the day the driver receives notice of the
suspension, revocation, cancellation, lost privilege, or disqualification.
§ 46.2-341.9. Eligibility for commercial driver's license or commercial learner's permit.
A. A Virginia commercial driver's license or commercial driver's instruction learner's permit shall be issued only to
a person who drives or intends to drive a commercial motor vehicle and, who is domiciled in the Commonwealth,
provided that any person who is domiciled in a jurisdiction outside the United States, but has resided in the
Commonwealth for a period of six weeks, shall be and who is eligible for a commercial driver's license or
commercial driver's instruction learner's permit under such terms and conditions as the Department may require.
No person shall be eligible for a Virginia commercial driver's license or commercial driver's instruction learner's
permit until he has applied for such license or permit and has passed the applicable vision, knowledge and skills
tests required by this article, and has satisfied all other applicable licensing requirements imposed by the laws of the
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Commonwealth. Such requirements shall include meeting the standards contained in subparts F, G, and H, of Part
383 of the FMCSA regulations.
No person shall be eligible for a Virginia commercial driver's license or commercial driver's instruction learner's
permit during any period in which he is disqualified from driving a commercial motor vehicle, or his driver's license
or privilege to drive is suspended, revoked or cancelled in any state, or during any period wherein the restoration of
his license or privilege is contingent upon the furnishing of proof of financial responsibility.
No person shall be eligible for a Virginia commercial driver's license until he surrenders all other driver's licenses
issued to him by any state.
No person shall be eligible for a Virginia commercial driver's instruction learner's permit until he surrenders all
other driver's licenses and permits issued to him by any other state. The applicant for a commercial driver's
instruction learner's permit is not required to surrender his Virginia noncommercial driver's license.
No person under the age of 21 years shall be eligible for a commercial driver's license, except that a person who is at
least 18 years of age may be issued a commercial driver's license or commercial driver's instruction learner's permit,
provided that such person is exempt from or is not subject to the age requirements of the Federal Motor Carrier
Safety Regulations contained in 49 C.F.R. Part 391, and is not prohibited from operating a commercial motor
vehicle by the Virginia Motor Carrier Safety Regulations, and has so certified. No person under the age of 21 years
shall be issued a hazardous materials endorsement.
No person shall be eligible for a Virginia commercial driver's license to drive a Type S vehicle, as defined in
subsection B of § 46.2-341.16, during any period in which he is a person for whom registration with the Sex
Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.
In determining the eligibility of any applicant for a Virginia commercial driver's license, the Department shall
consider, to the extent not inconsistent with federal law, the applicant's military training and experience.
A person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to
Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 may be issued a Virginia commercial driver's license to drive a Type P
vehicle, as defined in subsection B of § 46.2-341.16, provided the commercial driver's license includes a restriction
prohibiting the license holder from operating a commercial vehicle to transport children to or from activities
sponsored by a school or by a child day care facility licensed, regulated, or approved by the Virginia Department of
Social Services.
B. Notwithstanding the provisions of subsection A, pursuant to 49 U.S.C. 31311(a)(12) a commercial driver's
license or commercial learner's permit may be issued to an individual who (i) operates or will operate a commercial
motor vehicle; (ii) is a member of the active duty military, military reserves, National Guard, active duty United
States Coast Guard, or Coast Guard Auxiliary; and (iii) is not domiciled in the Commonwealth, but whose
temporary or permanent duty station is located in the Commonwealth.
§ 46.2-341.10. Special provisions relating to commercial learner's permit.
A. The Department, upon receiving an application on forms prescribed by the Commissioner and upon the
applicant's satisfactory completion of the vision and knowledge tests required for the class and type of commercial
motor vehicle to be driven by the applicant may, in its discretion, issue to such applicant a commercial driver's
instruction learner's permit. Such permit shall be valid for no more than 180 days from the date of issuance. The
Department may renew the commercial driver's instruction learner's permit for an additional 180 days without
requiring the commercial driver's instruction learner's permit holder to retake the general and endorsement
knowledge tests. No additional renewals are permitted. A commercial driver's instruction learner's permit shall
entitle the applicant to drive a commercial motor vehicle of the class and type designated on the permit, but only
when accompanied by a person licensed to drive the class and type of commercial motor vehicle driven by the
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applicant. The person accompanying the permit holder shall occupy the seat closest to the driver's seat for the
purpose of giving instruction to the permit holder in driving the commercial motor vehicle.
B. No person shall be issued a commercial driver's instruction learner's permit unless he possesses a valid Virginia
driver's license or has satisfied all the requirements necessary to obtain such a license.
C. A commercial driver's instruction learner's permit holder with a passenger (P) endorsement (i) must have taken
and passed the P endorsement knowledge test and (ii) is prohibited from operating a commercial motor vehicle
carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the
commercial driver's license holder accompanying the commercial driver's instruction learner's permit holder. The P
endorsement must be class specific.
D. A commercial driver's instruction learner's permit holder with a school bus (S) endorsement (i) must have taken
and passed the S endorsement knowledge test and (ii) is prohibited from operating a school bus with passengers
other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license
holder accompanying the commercial driver's instruction learner's permit holder. No person shall be issued a
commercial driver's instruction learner's permit to drive school buses or to drive any commercial vehicle to
transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or
approved by the Virginia Department of Social Services during any period in which he is a person for whom
registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900
et seq.) of Title 9.1.
E. A commercial driver's instruction learner's permit holder with a tank vehicle (N) endorsement (i) must have taken
and passed the N endorsement knowledge test and (ii) may only operate an empty tank vehicle and is prohibited
from operating any tank vehicle that previously contained hazardous materials that has not been purged of any
residue.
F. The issuance of a commercial driver's instruction learner's permit is a precondition to the initial issuance of a
commercial driver's license and to the upgrade of a commercial driver's license if the upgrade requires a skills test.
The commercial driver's instruction learner's permit holder is not eligible to take the commercial driver's license
skills test until he has held the permit for the required period of time specified in § 46.2-324.1.
G. Any instruction commercial learner's permit holder who operates a commercial motor vehicle without being
accompanied by a licensed driver as provided in this section is guilty of a Class 2 misdemeanor.
H. The Department shall charge a fee of $3 for each instruction commercial learner's permit issued under the
provisions of this section.
§ 46.2-341.12. Application for commercial driver's license or commercial learner's permit.
A. Every application to the Department for a commercial driver's license or commercial driver's instruction
commercial learner's permit shall be made upon a form approved and furnished by the Department, and the
applicant shall write his usual signature in ink in the space provided. The applicant shall provide the following
information:
1. Full legal name;
2. Current mailing and residential addresses;
3. Physical description including sex, height, weight and eye and hair color;
4. Year, month and date of birth;
5. Social Security security number; and
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6. Domicile or, if not domiciled in the Commonwealth, proof of status as a member of the active duty military,
military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49
U.S.C. § 31311(a)(12); and
7. Any other information required on the application form.
The applicant's Social Security social security number shall be provided to the Commercial Driver's License
Information System as required by 49 C.F.R. § 383.153.
B. Every applicant for a commercial driver's license or commercial driver's instruction learner's permit shall also
submit to the Department the following:
1. A consent to release driving record information;
2. Certifications that:
a. He either meets the federal qualification requirements of 49 C.F.R. Parts 383 and 391, or he is exempt from or is
not subject to such federal requirements;
b. He either meets the state qualification requirements established pursuant to § 52-8.4, or he is exempt from or is
not subject to such requirements;
c. The motor vehicle in which the applicant takes the skills test is representative of the class and, if applicable, the
type of motor vehicle for which the applicant seeks to be licensed;
d. He is not subject to any disqualification, suspension, revocation or cancellation of his driving privileges;
e. He does not have more than one driver's license;
3. Other certifications required by the Department;
4. Any evidence required by the Department to establish proof of identity, legal presence, citizenship or lawful
permanent residency, domicile, and social security number notwithstanding the provisions of § 46.2-328.1 and
pursuant to 49 C.F.R. Part 383; and
5. A statement indicating whether (i) the applicant has previously been licensed to drive any type of motor vehicle
during the previous 10 years and, if so, all states that licensed the applicant and the dates he was licensed, and (ii)
whether or not he has ever been disqualified, or his license suspended, revoked or cancelled and, if so, the date of
and reason therefor; and
6. An unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services
(USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant's
most recent admittance into the United States for persons applying for a nondomiciled commercial driver's license
or nondomiciled commercial learner's permit.
C. Every application for a commercial driver's license shall include a photograph of the applicant supplied under
arrangements made therefor by the Department in accordance with § 46.2-323.
D. The Department shall disqualify any commercial driver for a period of one year when the records of the
Department clearly show to the satisfaction of the Commissioner that such person has made a material false
statement on any application or certification made for a commercial driver's license or commercial driver's
instruction learner's permit. The Department shall take such action within 30 days after discovering such
falsification.
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E. The Department shall review the driving record of any person who applies for a Virginia commercial driver's
license or commercial driver's instruction learner's permit, for the renewal or reinstatement of such license or permit
or for an additional commercial classification or endorsement, including the driving record from all jurisdictions
where, during the previous 10 years, the applicant was licensed to drive any type of motor vehicle. Such review shall
include checking the photograph on record whenever the applicant or holder appears in person to renew, upgrade,
transfer, reinstate, or obtain a duplicate commercial driver's license or to renew, upgrade, reinstate, or obtain a
duplicate commercial driver's instruction learner's permit. If appropriate, the Department shall incorporate
information from such other jurisdictions' records into the applicant's Virginia driving record, and shall make a
notation on the applicant's driving record confirming that such review has been completed and the date it was
completed. The Department's review shall include research through the Commercial Driver License Information
System established pursuant to the Commercial Motor Vehicle Safety Act and the National Driver Register Problem
Driver Pointer System in addition to the driver record maintained by the applicant's previous jurisdictions of
licensure. This research shall be completed prior to the issuance, renewal, transfer, or reinstatement of a commercial
driver's license or additional commercial classification or endorsement.
The Department shall verify the name, date of birth, and Social Security number provided by the applicant with the
information on file with the Social Security Administration for initial issuance of a commercial driver's instruction
learner's permit, or transfer of a commercial driver's license from another state or for drivers renewing a commercial
driver's license for the first time after July 8, 2011, who have not previously had their Social Security number
information verified. The Department shall make a notation in the driver's record confirming that the necessary
verification has been completed and noting the date it was done. The Department shall also make a notation
confirming that proof of citizenship or lawful permanent residency has been presented and the date it was done.
F. On and after January 30, 2012, every Every new applicant for a commercial driver's license or commercial
driver's instruction learner's permit, including any person applying for a commercial driver's license or permit after
revocation of his driving privileges, who certifies that he will operate a commercial motor vehicle in non-excepted
interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical
examiner's certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5. Upon receipt of an
appropriate medical examiner's certificate, the Department shall post a certification status of "certified" on the
record of the driver on the Commercial Driver's License Information System. Any new applicant for a commercial
driver's license or commercial driver's instruction learner's permit who fails to comply with the requirements of this
subsection shall be denied the issuance of a commercial driver's license or commercial driver's instruction learner's
permit by the Department.
G. On and after January 30, 2012, but no later than January 30, 2014, every Every existing holder of a commercial
driver's license or commercial driver's instruction learner's permit who certifies that he will operate a commercial
motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or
certified copy of a medical examiner's certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5.
Upon receipt of an appropriate medical examiner's certificate, the Department shall post a certification status of
"certified" and any other necessary information on the record of the driver on the Commercial Driver's License
Information System. If an existing holder of a commercial driver's license fails to provide the Department with a
medical certificate as required by this subsection, the Department shall post a certification status of "noncertified" on
the record of the driver on the Commercial Driver's License Information System and initiate a downgrade of his
commercial driver's license as defined in 49 C.F.R. § 383.5.
H. Any person who provides a medical certificate to the Department pursuant to the requirements of subsections F
and G shall keep the medical certificate information current and shall notify the Department of any change in the
status of the medical certificate. If the Department determines that the medical certificate is no longer valid, the
Department shall initiate a downgrade of the driver's commercial driver's license as defined in 49 C.F.R. § 383.5.
I. If the Department receives notice that the holder of a commercial driver's license has been issued a medical
variance as defined in 49 C.F.R. § 390.5, the Department shall indicate the existence of such medical variance on the
commercial driver's license document of the driver and on the record of the driver on the Commercial Driver's
License Information System using the restriction code "V."
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J. Any holder of a commercial driver's license who has been issued a medical variance shall keep the medical
variance information current and shall notify the Department of any change in the status of the medical variance. If
the Department determines that the medical variance is no longer valid, the Department shall initiate a downgrade of
the driver's commercial driver's license as defined in 49 C.F.R. § 383.5.
K. Any applicant applying for a hazardous materials endorsement must comply with Transportation Security
Administration requirements in 49 C.F.R. Part 1572. A lawful permanent resident of the United States requesting a
hazardous materials endorsement must additionally provide his U.S. Citizenship and Immigration Services (USCIS)
alien registration number.
§ 46.2-341.14. Testing requirements for commercial driver's license; behind-the-wheel and knowledge
examinations.
A. The Department shall conduct an examination of every applicant for a commercial driver's license, which
examination shall comply with the minimum federal standards established pursuant to the federal Commercial
Motor Vehicle Safety Act. The examination shall be designed to test the vision, knowledge, and skills required for
the safe operation of the class and type of commercial motor vehicle for which the applicant seeks a license.
B. An applicant's skills test shall be conducted in a vehicle that is representative of or meets the description of the
class of vehicle for which the applicant seeks to be licensed. In addition, applicants who seek to be licensed to drive
vehicles with air brakes, passenger-carrying vehicles, or school buses must take the skills test in a vehicle that is
representative of such vehicle type. Such vehicle shall be furnished by the applicant and shall be properly licensed,
inspected and insured.
C. Prior to April 1, 1992, the Commissioner may waive the skills test for applicants licensed at the time they apply
for a commercial driver's license if:
1. The applicant has not, and certifies that he has not, at any time during the two years immediately preceding the
date of application:
a. Had more than one driver's license, except during the ten-day period beginning on the date such person is issued a
driver's license, or unless, prior to December 31, 1989, such applicant was required to have more than one license by
a state law enacted before June 1, 1986;
b. Had any driver's license or driving privilege suspended, revoked or canceled;
c. Had any convictions involving any kind of motor vehicle for the offenses listed in § 46.2-341.18, 46.2-341.19, or
46.2-341.20; and
d. Been convicted of a violation of state or local laws relating to motor vehicle traffic control, other than a parking
violation, which violation arose in connection with any reportable traffic accident; and
2. The applicant certifies and provides evidence satisfactory to the Commissioner that he is regularly employed in a
job requiring the operation of a commercial motor vehicle, and either:
a. Has previously taken and successfully completed a skills test which was administered by a state with a classified
licensing and testing system and that test was behind the wheel in a vehicle representative of the class and, if
applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or
b. Has operated, for at least two years immediately preceding the application date, a vehicle representative of the
class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed.
D. The Commissioner may, in his discretion, designate such persons as he deems fit, including private or
governmental entities, to administer the knowledge and skills tests required of applicants for a commercial driver's
26
license. Any person so designated shall comply with all statutes and regulations with respect to the administration of
such tests.
The Commissioner shall require all state and third party test examiners to successfully complete a formal
commercial driver's license test examiner training course and examination before certifying them to administer
commercial driver's license knowledge and skills tests. All state and third party test examiners shall complete a
refresher training course and examination every four years to maintain their commercial driver's license test
examiner certification. The refresher training course shall comply with 49 C.F.R. § 384.228. At least once every two
years, the Department shall conduct covert and overt monitoring of examinations performed by state and third party
commercial driver's license test examiners.
The Commissioner shall require a nationwide criminal background check of all test examiners at the time of hiring
or prior to certifying them to administer commercial driver's license testing. The Commissioner shall complete a
nationwide criminal background check for any state or third party test examiners who are current examiners and
who have not had a nationwide criminal background check.
The Commissioner shall revoke the certification to administer commercial driver's license tests for any test examiner
who (i) does not successfully complete the required refresher training every four years or (ii) does not pass the
required nationwide criminal background check. Criteria for not passing the criminal background check include but
are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent
activities.
E. D. Every applicant for a commercial driver's license who is required by the Commissioner to take a vision test
shall either (i) appear before a license examiner of the Department of Motor Vehicles to demonstrate his visual
acuity and horizontal field of vision; or (ii) submit with his application a copy of the vision examination report
which was used as the basis for such examination made within 90 days of the application date by an ophthalmologist
or optometrist. The Commissioner may, by regulation, determine whether any other visual tests will satisfy the
requirements of this title for commercial drivers.
F. E. No person who fails the behind-the-wheel examination for a commercial driver's license administered by the
Department three times shall be permitted to take such examination a fourth time until he successfully completes,
subsequent to the third examination failure, the in-vehicle component of driver instruction at a driver training school
licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or the
Department of Education. In addition, no person who fails the general knowledge examination for a commercial
driver's license administered by the Department three times shall be permitted to take such examination a fourth
time until he successfully completes, subsequent to the third examination failure, the knowledge component of
driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course
approved by the Department or the Department of Education.
The provisions of this subsection shall not apply to persons placed under medical control pursuant to § 46.2-322.
G. F. Knowledge tests may be administered in written form, verbally, or in automated format and can be
administered in a foreign language, provided no interpreter is used in administering the test.
H. G. Interpreters are prohibited during the administration of the skills tests. Applicants must be able to understand
and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the
examiner may communicate in a language other than English during the skills test.
H. Skills tests may be administered to an applicant who has taken training in Virginia and is to be licensed in
another state. Such test results shall be electronically transmitted directly from Virginia to the licensing state in an
efficient and secure manner. The Department may charge a fee of not more than $85 to any such applicant.
I. The Department shall accept the results of skills tests administered to applicants by any other state in fulfillment
of the applicant's testing requirements for commercial licensure in the Commonwealth.
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§ 46.2-341.14:1. Requirements for third party testers.
A. Pursuant to § 46.2-341.14, third party testers will be authorized to issue skills test certificates, which will be
accepted by the Department as evidence of satisfaction of the skills test component of the commercial driver's
license examination. Authority to issue skills test certificates will be granted only to third party testers certified by
the Department.
B. To qualify for certification, a third party tester shall:
1. Make application to and enter into an agreement with the Department as provided in § 46.2-341.14:3;
2. Maintain a place of business in Virginia;
3. Have at least one certified third party examiner in his employ;
4. Ensure that all third party examiners in his employ are certified and comply with the requirements of §§ 46.2-
341.14:2 and 46.2-341.14:7;
5. Permit the Department and the FMCSA of the U.S. Department of Transportation to conduct random
examinations, inspections, and audits of its records, facilities, and operations that relate to the third party testing
program without prior notice;
6. Maintain at the principal place of business a copy of the state certificate authorizing the third party tester to
administer a commercial driver's license testing program and current third party agreement;
7. Maintain at a Virginia location, for a minimum of two years after a skills test is conducted, a record of each driver
for whom the third party tester conducts a skills test, whether the driver passes or fails the test. Each such record
shall include:
a. The complete name of the driver;
b. The driver's Social Security number or other driver's license number and the name of the state or jurisdiction that
issued the license held by the driver at the time of the test;
c. The date the driver took the skills test;
d. The test score sheet or sheets showing the results of the skills test and a copy of the skills test certificate, if issued;
e. The name and certification number of the third party examiner conducting the skills test; and
f. Evidence of the driver's employment with the third party tester at the time the test was taken. If the third party
tester is a school board that tests drivers who are trained but not employed by the school board, evidence that (i) the
driver was employed by a school board at the time of the test and (ii) the third party tester trained the driver in
accordance with the Virginia School Bus Driver Training Curriculum Guide;
8. Maintain at a Virginia location a record of each third party examiner in the employ of the third party tester. Each
record shall include:
a. Name and Social Security number;
b. Evidence of the third party examiner's certification by the Department;
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c. A copy of the third party examiner's current training and driving record, which must be updated annually;
d. Evidence that the third party examiner is an employee of the third party tester; and
e. If the third party tester is a school board, a copy of the third party examiner's certification of instruction issued by
the Virginia Department of Education;
9. Retain the records required in subdivision 8 for at least two years after the third party examiner leaves the employ
of the third party tester;
10. Ensure that skills tests are conducted, and that skills test certificates are issued in accordance with the
requirements of §§ 46.2-341.14:8 and 46.2-341.14:9 and the instructions provided by the Department;
11. Maintain compliance with all applicable provisions of this article and the third party tester agreement executed
pursuant to § 46.2-341.14:3; and
12. Maintain a copy of the third party tester's road test route or routes approved by the Department.
C. In addition to the requirements listed in subsection B, all third party testers who are not governmental entities
shall:
1. Be engaged in a business involving the use of commercial motor vehicles, which business has been in operation in
Virginia for a minimum of one year;
2. Employ at least 75 Virginia-licensed drivers of commercial motor vehicles, during the 12-month period preceding
the application, including part-time and seasonal drivers. This requirement may be waived by the Department
pursuant to § 46.2-341.14:10;
3. If subject to the FMCSA regulations and rated by the U.S. Department of Transportation, maintain a rating of
"satisfactory"; and
4. Comply with the Virginia Motor Carrier Safety Regulations; and
5. Initiate and maintain a bond in the amount of $5,000 to pay for retesting drivers in the event that the third-party
tester or one or more of its examiners are involved in fraudulent activities related to conducting knowledge or skills
testing for applicants.
§ 46.2-341.15. Commercial driver's license and commercial learner's permit document.
A. The commercial driver's license issued by the Department shall be identified as a Virginia commercial driver's
license and shall include at least the following:
1. Full name, a Virginia address, and signature of the licensee;
2. A photograph of the licensee;
3. A physical description of the licensee, including sex and height;
4. The licensee's date of birth and license number that shall be assigned by the Department to the licensee and shall
not be the same as the licensee's Social Security number;
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5. A designation of the class and type of commercial motor vehicle or vehicles which the licensee is authorized to
drive, together with any restrictions; and
6. The date of license issuance and expiration.
B. The commercial driver's instruction learner's permit shall be identified as such but shall in all other respects
conform to subsection A of this section. A commercial driver's instruction learner's permit shall also contain a
statement that the permit is invalid unless accompanied by the underlying driver's license.
C. A nondomiciled commercial driver's license or a nondomiciled commercial learner's permit shall contain the
word "nondomiciled" on the face of the document.
§ 46.2-341.16. Vehicle classifications, restrictions, and endorsements.
A. A commercial driver's license or commercial driver's instruction learner's permit shall authorize the licensee or
permit holder to operate only the classes and types of commercial motor vehicles designated thereon. The classes of
commercial motor vehicles for which such license may be issued are:
1. Class A-Combination heavy vehicle. - Any combination of vehicles with a gross combination weight rating of
26,001 or more pounds, provided the gross vehicle weight rating of the vehicles being towed is in excess of 10,000
pounds;
2. Class B-Heavy straight vehicle or other combination. - Any single motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds, or any such vehicle towing a vehicle with a gross vehicle weight rating that is not
in excess of 10,000 pounds; and
3. Class C-Small vehicle. - Any vehicle that does not fit the definition of a Class A or Class B vehicle and is either
(i) designed to transport 16 or more passengers including the driver or (ii) is used in the transportation of hazardous
materials.
B. Commercial driver's licenses shall be issued with endorsements authorizing the driver to operate the types of
vehicles identified as follows:
1. Type T-Vehicles with double or triple trailers;
2. Type P-Vehicles carrying passengers;
3. Type N-Vehicles with cargo tanks;
4. Type H-Vehicles required to be placarded for hazardous materials;
5. Type S-School buses carrying 16 or more passengers, including the driver;
6. Type X-combination of tank vehicle and hazardous materials endorsements for commercial driver's licenses
issued on or after July 1, 2014; and
7. At the discretion of the Department, any additional codes for groupings of endorsements with an explanation of
such code appearing on the front or back of the license.
C. Commercial driver's licenses shall be issued with restrictions limiting the driver to the types of vehicles identified
as follows:
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1. L for no air brake equipped commercial motor vehicles for licenses issued on or after July 1, 2014. An applicant
is restricted from operating a commercial motor vehicle with any type of air brake if he does not take or fails the air
brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
2. Z for no full air brake equipped commercial motor vehicles. If an applicant performs the skills test in a vehicle
equipped with air over hydraulic brakes, the applicant is restricted from operating a commercial motor vehicle
equipped with any braking system operating fully on the air brake principle;
3. E for no manual transmission equipped commercial motor vehicles for commercial driver's licenses issued on or
after July 1, 2014;
4. O for no tractor-trailer commercial motor vehicles;
5. M for no class A passenger vehicles;
6. N for no class A and B passenger vehicles;
7. K for vehicles not equipped with air brakes for commercial driver's licenses issued before July 1, 2014. An
applicant is restricted from operating a commercial motor vehicle with any type of air brakes if he does not take or
fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air
brakes;
8. K for intrastate only for commercial driver's licenses issued on or after July 1, 2014;
9. V for medical variance; and
10. At the discretion of the Department, any additional codes for groupings of restrictions with an explanation of
such code appearing on the front or back of the license.
D. Commercial driver's instruction learner's permits shall be issued with endorsements authorizing the driver to
operate the types of vehicles identified as follows:
1. Type P-Vehicles carrying passengers as provided in § 46.2-341.10;
2. Type N-Vehicles with cargo tanks as provided in § 46.2-341.10; and
3. Type S-School buses carrying 16 or more passengers, including the driver as provided in § 46.2-341.10.
E. Commercial driver's instruction learner's permits shall be issued with restrictions limiting the driver to the types
of vehicles identified as follows:
1. P for no passengers in commercial motor vehicles bus;
2. X for no cargo in commercial motor vehicles tank vehicle;
3. L for no air brake equipped commercial motor vehicles for commercial driver's instruction learner's permits
issued on or after July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type
of air brake if he does not take or fails the air brake component of the knowledge test;
4. M for no class A passenger vehicles;
5. N for no class A and B passenger vehicles;
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6. K for vehicles not equipped with air brakes for commercial driver's instruction learner's permits issued before
July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type of air brake if he
does not take or fails the air brake component of the knowledge test;
7. K for intrastate only for commercial driver's instruction learner's permits issued on or after July 1, 2014;
8. V for medical variance; and
9. Any additional jurisdictional restrictions that apply to the commercial driver's instruction learner's permit.
F. Persons authorized to drive Class A vehicles are also authorized to drive Classes B and C vehicles, provided such
persons possess the requisite endorsements for the type of vehicle driven.
G. Persons authorized to drive Class B vehicles are also authorized to drive Class C vehicles, provided such persons
possess the requisite endorsements for the type of vehicle driven.
H. Any licensee who seeks to add a classification or endorsement to his commercial driver's license must submit the
application forms, certifications and other updated information required by the Department and shall take and
successfully complete the tests required for such classification or endorsement.
I. If any endorsement to a commercial driver's license is canceled by the Department and the licensee does not
appear in person at the Department to have such endorsement removed from the license, then the Department may
cancel the commercial driver's license of the licensee.
§ 46.2-341.18:3. Cancellation of commercial driver's license endorsement for certain offenders.
The Commissioner shall cancel the Type S school bus endorsement for any person holding a commercial driver's
license or commercial driver's instruction learner's permit who is convicted of an offense for which registration is
required in the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 99.1-900 et seq.) of Title
9.1.
Any person holding a commercial driver's license or commercial driver's instruction learner's permit with a Type P
passenger endorsement who is convicted of an offense for which registration is required in the Sex Offender and
Crimes Against Minors Registry pursuant to Chapter 99.1-900 et seq.) of Title 9.1 shall surrender such license or
permit to the Department, and shall be issued a license or permit that includes a restriction prohibiting the license or
permit holder from operating a vehicle to transport children to or from activities sponsored by a school or by a child
day care facility licensed, regulated, or approved by the Virginia Department of Social Services.
If the holder of a commercial driver's license or commercial driver's instruction learner's permit fails to surrender
the license or permit as required under this section, the Department shall cancel the license or permit.
§ 46.2-341.20. Disqualification for multiple serious traffic violations.
A. For the purposes of this section, the following offenses, if committed in a commercial motor vehicle, are serious
traffic violations:
1. Driving at a speed 15 or more miles per hour in excess of the posted speed limits;
2. Reckless driving;
3. A violation of a state law or local ordinance relating to motor vehicle traffic control arising in connection with a
fatal traffic accident;
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4. Improper or erratic traffic lane change;
5. Following the vehicle ahead too closely;
6. Driving a commercial motor vehicle without obtaining a commercial driver's license or commercial driver's
instruction learner's permit;
7. Driving a commercial motor vehicle without a commercial driver's license or commercial driver's instruction
learner's permit in the driver's immediate possession;
8. Driving a commercial motor vehicle without the proper class of commercial driver's license and/or endorsements
for the specific vehicle group being operated or for the passengers or type of cargo being transported;
9. A violation of a state law, including §§ 46.2-341.20:5 and 46.2-919.1 or a local ordinance relating to motor
vehicle traffic control prohibiting texting while driving; and
10. A violation of a state law, including §§ 46.2-341.20:5 and 46.2-919.1, or a local ordinance relating to motor
vehicle traffic control restricting or prohibiting the use of a handheld mobile telephone while driving a commercial
motor vehicle.
For the purposes of this section, parking, vehicle weight, and vehicle defect violations shall not be considered traffic
violations.
B. Beginning September 30, 2005, the following offenses shall be treated as serious traffic violations if committed
while operating a noncommercial motor vehicle, but only if (i) the person convicted of the offense was, at the time
of the offense, the holder of a commercial driver's license or commercial driver's instruction learner's permit; (ii) the
offense was committed on or after September 30, 2005; and (iii) the conviction, by itself or in conjunction with other
convictions that satisfy the requirements of this section, resulted in the revocation, cancellation, or suspension of
such person's driver's license or privilege to drive.
1. Driving at a speed 15 or more miles per hour in excess of the posted speed limits;
2. Reckless driving;
3. A violation of a state law or local ordinance relating to motor vehicle traffic control arising in connection with a
fatal traffic accident;
4. Improper or erratic traffic lane change; or
5. Following the vehicle ahead too closely.
C. The Department shall disqualify for the following periods of time, any person whose record as maintained by the
Department shows that he has committed, within any three-year period, the requisite number of serious traffic
violations:
1. A 60-day disqualification period for any person convicted of two serious traffic violations; or
2. A 120-day disqualification period for any person convicted of three serious traffic violations.
D. Any disqualification period imposed pursuant to this section shall run consecutively, and not concurrently, with
any other disqualification period imposed hereunder.
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§ 46.2-341.20:4. Disqualification of driver convicted of fraud related to the testing and issuance of a commercial
learner's permit or commercial driver's license.
A person who has been convicted of fraud pursuant to § 46.2-348 related to the issuance of a commercial driver's
instruction learner's permit or commercial driver's license shall be disqualified for a period of one year. The
application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial
driver's license or seeks to renew or upgrade the fraudulently obtained commercial driver's instruction learner's
permit must also, at a minimum, be disqualified. Any disqualification must be recorded in the person's driving
record. The person may not reapply for a new commercial driver's license for at least one year.
If the Department receives credible information that a commercial driver's instruction learner's permit holder or
commercial driver's license holder is suspected, but has not been convicted, of fraud related to the issuance of his
commercial driver's instruction learner's permit or commercial driver's license, the Department shall require the
driver to retake the skills test or knowledge test, or both. Within 30 days of receiving notification from the
Department that re-testing retesting is necessary, the affected commercial driver's instruction learner's permit holder
or commercial driver's license holder must make an appointment or otherwise schedule to take the next available
test. If the commercial driver's instruction learner's permit holder or commercial driver's license holder fails to make
an appointment within 30 days, the Department shall disqualify his commercial driver's instruction learner's permit
or commercial driver's license. If the driver fails either the knowledge or skills test or does not take the test, the
Department shall disqualify his commercial driver's instruction learner's permit or commercial driver's license. Once
a commercial driver's instruction learner's permit holder's or commercial driver's license holder's commercial
driver's instruction learner's permit or commercial driver's license has been disqualified, he must reapply for a
commercial driver's instruction learner's permit or commercial driver's license under Department procedures
applicable to all commercial driver's instruction learner's permit and commercial driver's license applicants.
§ 46.2-348. Fraud or false statements in applications for license; penalties.
Any person who uses a false or fictitious name or gives a false or fictitious address in any application for a driver's
license or escort vehicle driver certificate, or any renewal or duplicate thereof, or knowingly makes a false statement
or conceals a material fact or otherwise commits a fraud during the driver's license examination, including for a
commercial driver's license or commercial driver's instruction learner's permit, or in his application is guilty of a
Class 2 misdemeanor. However, where the license is used, or the fact concealed, or fraud is done, with the intent to
purchase a firearm or use as proof of residency under § 9.1-903, a violation of this section shall be punishable as a
Class 4 felony.
§ 46.2-649.3. Registration of covered farm vehicles.
A. For the purposes of this section, a covered farm vehicle shall be registered pursuant to the provisions of § 46.2-
698.
B. As defined in regulations promulgated by the Federal Motor Carrier Safety Administration (49 C.F.R. Part
390.5), a "covered farm vehicle" means a straight truck or articulated vehicle that is:
1. a. Registered in Virginia pursuant to the provisions of § 46.2-698; or
b. Registered in another state with a license plate or other designation issued by the state of registration that allows
law enforcement to identify it as a farm vehicle;
2. Operated by the owner or operator of a farm or ranch or by an employee or family member of an owner or
operator of a farm or ranch;
3. Used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch;
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4. Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the
operation of a vehicle meeting the requirements of subdivisions 1, 2, and 3 by a tenant pursuant to a crop share
farm lease agreement to transport the landlord's portion of the crops under that agreement; and
5. Not used in transporting material found by the U.S. Secretary of Transportation to be hazardous under 49 U.S.C.
§ 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49
C.F.R., subtitle B, chapter I, subchapter C.
C. A straight truck or articulated vehicle meeting the requirements of subsection B and having (i) a gross vehicle
weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions
provided in § 46.2-649.4 without mileage limitations or (ii) a gross vehicle weight or gross vehicle weight rating,
whichever is greater, of more than 26,001 pounds may utilize the exemptions defined in § 46.2-649.4 anywhere in
the Commonwealth or across state lines within 150 air miles (176.2 miles) of the farm or ranch with respect to
which the vehicle is being operated.
D. For the purposes of this section, "agricultural commodities" means any horticultural plants and crops, cultivated
plants and crops, poultry, dairy, and farm products, livestock and livestock products, and products derived from
bees and beekeeping, primarily for sale, consumption, propagation, or other use by man or animals.
§ 46.2-649.4. Covered farm vehicles; exemptions.
A covered farm vehicle as defined in § 46.2-649.3, including the operator of that vehicle, is exempt from the
following:
1. Any requirement relating to commercial driver's licenses in Federal Motor Carrier Safety Regulations 49 C.F.R.
Part 383;
2. Any requirement relating to controlled substances and alcohol use and testing in Federal Motor Carrier Safety
Regulations 49 C.F.R. Part 382;
3. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 391, Subpart E, Physical
Qualifications and Examinations;
4. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 395, Hours of Service of Drivers;
and
5. Any requirement in Federal Motor Carrier Safety Regulations 49 C.F.R. Part 396, Inspection, Repair, and
Maintenance.
§ 46.2-2011.29. Surrender of identification marker, license plate, and registration card; removal by law enforcement;
operation of vehicle denied.
A. It shall be unlawful for a licensee, permittee, or certificate holder whose license, permit, or certificate has expired
or been revoked, or suspended or whose renewal thereof has been denied pursuant to this chapter to fail or refuse to
surrender, on demand, to the Department license plates, identification markers, and registration cards issued under
this title.
B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is
not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the
Department on demand license plates, identification markers, and registration cards issued under this title.
C. If any law enforcement law-enforcement officer finds that a motor carrier vehicle bearing Virginia license plates
or temporary transport plates is being operated in violation of subsection A of this section or B, such law
enforcement law-enforcement officer shall may remove the license plate, identification marker, and registration card
35
and. If a law-enforcement officer removes a license plate, identification marker, or registration card, he shall
forward the same to the Department.
C. D. When informed that a vehicle is being operated in violation of this section, the driver shall drive the vehicle to
a nearby location off the public highways and not remove it or allow it to be moved until the motor carrier is in
compliance with all provisions of this chapter.
§ 46.2-2139. Surrender of identification marker, license plate, and registration card; removal by law enforcement;
operation of vehicle denied.
A. It shall be unlawful for a licensee, permittee, or certificate holder whose license, permit, or certificate has expired
or been revoked, or suspended, or whose renewal thereof has been denied pursuant to this chapter to fail or refuse to
surrender, on demand, to the Department license plates, identification markers, and registration cards issued under
this title.
B. It shall be unlawful for a vehicle owner who is not the holder of a valid permit or certificate or whose vehicle is
not validly leased to a motor carrier holding an active permit or certificate to fail or refuse to surrender to the
Department on demand license plates, identification markers, and registration cards issued under this title.
C. If any law enforcement law-enforcement officer finds that a motor carrier vehicle bearing Virginia license plates
or temporary transport plates is being operated in violation of subsection A of this section or B, such law
enforcement law-enforcement officer shall may remove the license plate or plates, identification marker, and
registration card and. If a law-enforcement officer removes a license plate, identification marker, or registration
card, he shall forward such license plate, identification marker, and registration card to the Department.
C. D. When informed that a motor carrier vehicle is being operated in violation of this section, the driver shall drive
the vehicle to a nearby location off the public highways and not remove it or allow it to be moved until the motor
carrier is in compliance with all provisions of this chapter.
§ 46.2-2900. Definitions.
As used in this chapter, the following words and terms shall have the following meaning unless the context clearly
indicates otherwise:
"Certified escort vehicle driver" means a person, 21 18 years of age or older, who holds a valid driver's license and a
valid escort vehicle driver certificate issued (i) by the Commonwealth or (ii) by a state whose escort vehicle driver
certification program has been determined to be substantially similar to the Commonwealth's and to which the
Commonwealth has extended reciprocity.
"Escort vehicle driver certificate" means a credential issued under the laws of the Commonwealth or other state
authorizing the holder to escort a permitted vehicle or vehicles.
"Permitted vehicle or vehicles" means any vehicle being operated under the provisions of a valid highway hauling
permit issued pursuant to § 46.2-1139 that requires that the permitted vehicle or vehicles be accompanied by a
certified escort vehicle driver or drivers.
§ 46.2-2906. Application for escort vehicle driver certificate; driving record; proof of completion of escort vehicle
driver training; fee.
A. Every application for an escort vehicle driver certificate shall be made on a form prescribed by the Department,
and the applicant shall write his usual signature in ink in the space provided on the form. A person who applies for
an escort vehicle driver certificate must meet the following requirements:
1. Be at least 21 18 years of age;
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2. Hold a valid Virginia driver's license or a valid driver's license for another state;
3. Authorize the Department to review his driving record;
4. Present satisfactory proof of successful completion of an eight-hour escort vehicle driver certification training
course, as required by § 46.2-2904;
5. Pass the escort vehicle driver certification knowledge test as required by § 46.2-2905 with a score of 80 percent or
higher; and
6. Pay the appropriate fee for certificate issuance.
B. Every application shall state the applicant's full legal name; year, month, and date of birth; social security
number; sex; and residence address. The applicant shall also answer any questions on the application form, or
otherwise propounded, and provide any other information as required by the Department incidental to the
application.
C. The Commissioner shall require that each application include a certification statement, to be signed by the
applicant under penalty of perjury, certifying that the information presented on the application is true and correct. If
the applicant fails or refuses to sign the certification statement, the Department shall not issue the applicant an escort
vehicle driver certificate.
Any applicant who knowingly makes a false certification or supplies false or fictitious evidence shall be punished as
provided in § 46.2-348.
§ 46.2-2907. Nonresident; extensions of reciprocal privileges.
A nonresident age 21 18 years or older who has been duly licensed as a driver under a law regulating the licensure
of drivers in his home state and who has in his immediate possession a valid driver's license and a valid escort
vehicle driver certificate issued to him in his home state, where such state's escort vehicle driver certification
program has been determined to be substantially similar to the Commonwealth's and to which the Commonwealth
has extended reciprocity, shall be permitted without a Virginia license or a Virginia escort vehicle driver certificate
to escort a permitted vehicle or vehicles on the highways of the Commonwealth. Such nonresident shall be exempt
from the escort vehicle driver certification eligibility, training, and testing requirements of this chapter.
If such nonresident desires to also hold a Virginia escort vehicle driver certificate, in addition to the valid certificate
issued to him by his home state, he must then meet all of the Virginia escort vehicle driver certification eligibility,
training, and testing requirements of this chapter.
§ 52-8.4. Powers and duties to promulgate regulations; inspection of certain records.
A. The Superintendent of State Police, with the cooperation of such other agencies of the Commonwealth as may be
necessary, shall promulgate regulations pertaining to commercial motor vehicle safety pursuant to the United States
Motor Carrier Act of 1984. These regulations shall set forth criteria relating to driver, vehicle, and cargo safety
inspections with which motor carriers and transport vehicles shall comply, and shall be no more restrictive than the
applicable provisions of the Federal Motor Carrier Safety Regulations of the United States Department of
Transportation. These regulations shall not apply to hours worked by any carrier when transporting passengers or
property to or from any portion of the Commonwealth for the purpose of (i) providing relief or assistance in case of
earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamity or disaster or (ii) engaging in the
provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled.
The suspension of the regulation provided for in this subsection shall expire if the Secretary of the United States
Department of Transportation determines that it is in conflict with the intent of Federal Motor Carrier Safety
Regulations.
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B. For the purposes of this section:
"Commercial motor vehicle" means any self-propelled or towed vehicle used on the highways in commerce to
transport passengers or property if such vehicle (i) has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 10,000 pounds when
operated interstate or more than 26,000 pounds when operated intrastate, (ii) is designed or used to transport more
than 15 passengers, including the driver, regardless of weight, or (iii) is used to transport hazardous materials in a
quantity requiring placards by regulations issued under authority of Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of
Title 10.1.
"Motor carrier" means a common carrier by motor vehicle, a contract carrier by motor vehicle, or a private carrier of
property or passengers by motor vehicle. This term also encompasses any agent, officer, representative, or employee
who is responsible for the hiring, supervision, training, assignment, or dispatching of drivers.
"Transport vehicle" means any vehicle owned or leased by a motor carrier used in the transportation of goods or
persons.
"Safety inspection" means the detailed examination of a vehicle for compliance with safety regulations promulgated
under this section and includes a determination of the qualifications of the driver and his hours of service.
C. Except for those offenses listed in § 52-8.4:2, any violation of the provisions of the regulations adopted pursuant
to this section shall constitute a traffic infraction punishable by a fine of not more than $1,000 for the first offense or
by a fine of not more than $5,000 for a subsequent offense. Each day of violation shall constitute a separate offense;
however, any violation of any out-of-service order issued under authority of such regulations or under authority of
the Federal Motor Carrier Safety regulations shall be punished as provided in § 46.2-341.21 and the disqualification
provisions of § 46.2-341.21 also shall apply to any driver so convicted.
D. The Department of State Police, together with all other law-enforcement officers certified to perform vehicle
safety inspections as defined by § 46.2-1001 who have satisfactorily completed 40 hours of on-the-job training and a
course of instruction as prescribed by the U.S. Department of Transportation, Federal Motor Carrier Safety
Administration, in federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria,
shall enforce the regulations and other requirements promulgated pursuant to this section. Those law-enforcement
officers certified to enforce the regulations and other requirements promulgated pursuant to this section shall
annually receive in-service training in current federal motor carrier safety regulations, safety inspection procedures,
and out-of-service criteria.
E. Any records required to be maintained by motor carriers pursuant to regulations promulgated by the
Superintendent under the authority of subsection A of this section shall be open to inspection during a carrier's
normal business hours by specially trained members of the Department of State Police specifically designated by the
Superintendent. Members of the Department of State Police designated for that purpose by the Superintendent shall
also be authorized, with the consent of the owner, operator, or agent in charge or with an appropriate warrant
obtained under the procedure prescribed in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2, to go upon the property of
motor carriers to verify the accuracy of maintenance records by an inspection of the vehicles to which those records
relate.
Any person holding a valid commercial driver's license shall be exempt from the hours of service of drivers
provisions as defined in regulations promulgated by the Federal Motor Carrier Safety Administration (49 C.F.R.
Part 395) while operating a commercial motor vehicle during planting and harvest periods to transport:
1. Agricultural commodities from the source of the agricultural commodities to a location within 150 air miles
(176.2 miles) from the source;
38
2. Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a
farm or other location where the farm supplies are intended to be used within a 150-air-mile radius (176.2 miles)
from the distribution point; or
3. Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail
distribution point of the farm supplies within a 150-air-mile radius (176.2 miles) from the wholesale distribution
point.
39
CHAPTER 259
An Act to amend and reenact § 46.2-625 of the Code of Virginia and to amend the Code of Virginia by adding a
section numbered 46.2-602.4, relating to titling and registration of non-conventional vehicles; penalty.
[S 1003]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-625 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by
adding a section numbered 46.2-602.4 as follows:
§ 46.2-602.4. Titling and registration of off-road motorcycle converted to on-road use.
A. For the purpose of this section:
"Converter" means a person who, through the act of conversion, alters an off-road motorcycle for on-road use on
the highways by the addition, substitution, or removal of motor vehicle equipment, creating a motor vehicle to which
Federal Motor Vehicle Safety Standards for new motorcycles will become applicable at the time of the conversion. A
converter shall be considered a manufacturer responsible under 49 U.S.C. § 30112 for compliance of the
motorcycle with Federal Motor Vehicle Safety Standards and the certification of compliance required by those
standards.
"Federal Motor Vehicle Safety Standards" means the standards prescribed by 49 C.F.R. Part 571.
"Manufacturer" means a person manufacturing or assembling motor vehicles or motor vehicle equipment.
"Motor vehicle equipment" means (i) any system, part, or component of a motor vehicle as originally manufactured
or (ii) any similar part or component manufactured or sold for replacement or improvement of a system, part, or
component, or as an accessory or addition to a motor vehicle.
"Off-road motorcycle converted to on-road use" means every off-road motorcycle that has been converted for use on
the public highways with the addition of such necessary equipment to meet all applicable Federal Motor Vehicle
Safety Standards for new motorcycles for the year in which it is converted.
B. Each converter shall certify in accordance with the requirements of subsection E that the off-road motorcycle
converted to on-road use meets all applicable Federal Motor Vehicle Safety Standards for new motorcycles for the
year in which it is converted. If the converter is unavailable or unknown, the owner shall certify that the converter is
unavailable or unknown and that he assumes responsibility for all duties and corresponding liabilities under the
Federal Motor Vehicle Safety Act. If a converter or owner fails or refuses to provide the required certification, the
vehicle shall remain an off-road motorcycle.
C. Each converter, or owner if the converter is unavailable or unknown, shall permanently affix to each vehicle a
label containing the following: (i) the name of manufacturer, (ii) the month and year of manufacture, (iii) the gross
vehicle weight rating, (iv) the gross axle weight rating, (v) certification that the vehicle conforms to all applicable
Federal Motor Vehicle Safety Standards in effect on the date of manufacture in the year in which it is converted, (vi)
the vehicle identification number, and (vii) the motorcycle vehicle classification. Such label shall meet the
requirements set forth in 49 C.F.R. § 567.4.
Titling and registration requirements; off-road motorcycles converted to on-road use; penalty. Establishes
titling and registration requirements for off-road motorcycles converted to on-road use and includes off-road
motorcycles converted to on-road use in existing titling requirements for nonconventional vehicles. The bill
requires individuals who convert off-road motorcycles to on-road use to certify that the vehicle (i) passed
Virginia safety inspections, (ii) meets all federal safety standards, and (iii) is properly labeled. The bill makes
falsifying the required certification a Class 1 misdemeanor.
40
D. Upon receipt of an application and such evidence of ownership as required by the Commissioner pursuant to §
46.2-625, the Department shall issue a certificate of title for an off-road motorcycle converted to on-road use. The
first certificate of title issued for an off-road motorcycle converted to on-road use shall be an original certificate of
title, regardless of the submission of a Virginia certificate of title issued for the off-road motorcycle prior to
conversion.
E. No off-road motorcycle converted to on-road use shall be registered or operated on the highways of the
Commonwealth until the owner submits to the Department, upon a form approved and furnished by the Department,
(i) certification that the motor vehicle has passed the motor vehicle safety inspection subsequent to the conversion;
(ii) certification from the converter, or owner if the converter is unavailable or unknown, that the motor vehicle
meets all applicable Federal Motor Vehicle Safety Standards; and (iii) certification that the motor vehicle has been
labeled in accordance with subsection C.
F. When necessary and upon application, the Department shall issue temporary trip permits in accordance with §
46.2-651 for the purpose of transporting the off-road motorcycle converted to on-road use to and from an official
motor vehicle safety inspection station.
G. Notwithstanding §§ 46.2-105 and 46.2-605, any certification required by this section found to be knowingly given
falsely is punishable as a Class 1 misdemeanor.
§ 46.2-625. Specially constructed, reconstructed, replica, converted electric, or foreign vehicles.
If a vehicle for which the registration or a certificate of title is applied is (i) a specially constructed, reconstructed,
replica, converted electric, or foreign vehicle or (ii) off-road motorcycle converted to on-road use, the fact shall be
stated in the application and, in the case of any foreign vehicle registered outside the Commonwealth, the owner
shall present to the Department the certificate of title and registration card or other evidence of registration as he
may have. The Commissioner may require such other evidence of ownership as he may deem advisable and
promulgate regulations establishing what additional evidence of ownership, if any, shall be required for titling and
registration of (i) specially constructed, reconstructed, replica, converted electric, or foreign vehicles or (ii) off-road
motorcycles converted to on-road use. All titles and registrations for specially constructed, reconstructed, replica,
and converted electric vehicles and off-road motorcycles converted to on-road use shall be branded with the words
"specially constructed," "reconstructed," "replica," or "converted electric," or "off-road motorcycle converted to on-
road use," as appropriate. Titles for vehicles that are both converted electric vehicles and reconstructed vehicles
shall be branded with the words "reconstructed" and "converted electric."
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CHAPTER 341
An Act to amend the Code of Virginia by adding a section numbered 46.2-1028.1, relating to auxiliary lights on
public utility vehicles. [H 2289]
Approved March 19, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 46.2-1028.1 as follows:
§ 46.2-1028.1. Auxiliary lights on public utility vehicles.
Any electrical service utility vehicle owned and operated by a public utility, as defined in § 56-265.1, and having a
gross vehicle weight rating greater than 15,000 pounds may be equipped with clear auxiliary lights that shall be
mounted on the lower portion of the vehicle and aimed downward for the exclusive use of ground lighting. Such
lights shall be of a type approved by the Superintendent and shall not be used in a manner that may blind or
interfere with the vision of the drivers of approaching vehicles. In no event shall such lights be lighted while the
vehicle is in motion.
Auxiliary lights on public utility vehicles. Provides that any electrical service utility vehicle owned and
operated by a public utility and having a gross vehicle weight rating greater than 15,000 pounds may be
equipped with clear auxiliary lights mounted on the lower portion of the vehicle and aimed downward for the
exclusive use of ground lighting
42
CHAPTER 416
An Act to amend and reenact § 46.2-804 of the Code of Virginia, relating to passing with a double yellow line.
[S 781]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-804 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-804. Special regulations applicable on highways laned for traffic.
For the purposes of this section, "traffic lines" includes any temporary traffic control devices used to emulate the
lines and markings in subdivisions 6 and 7.
Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the
following:
1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions
existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available
for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes
are reserved for slow-moving traffic as permitted in this section;
2. A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from that
lane until the driver has ascertained that such movement can be made safely;
3. Except as otherwise provided in subdivision 5 of this section, on a highway which is divided into three lanes, no
vehicle shall be driven in the center lane except when overtaking and passing another vehicle or in preparation for a
left turn or unless such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is
proceeding and is signed or marked to give notice of such allocation. Traffic-control devices may be erected
directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a
particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every
such device;
4. The Commissioner of Highways, or local authorities in their respective jurisdictions, may designate right lanes for
slow-moving vehicles and the Virginia Department of Transportation shall post signs requiring trucks and
combination vehicles to keep to the right on Interstate Highway System components with no more than two travel
lanes in each direction where terrain is likely to slow the speed of such vehicles climbing hills and inclines to a
speed that is less than the posted speed limit;
5. Wherever a highway is marked with double traffic lines consisting of a solid line immediately adjacent to a
broken line, no vehicle shall be driven to the left of such line if the solid line is on the right of the broken line, but it
shall be lawful to make a left turn except (i) when turning left for the purpose of entering or leaving a public, private,
or commercial road or entrance or (ii) in order to pass a pedestrian or a device moved by human power, including a
bicycle, skateboard, or foot-scooter, provided such movement can be made safely. Where the middle lane of a
highway is marked on both sides with a solid line immediately adjacent to a broken line, such middle lane shall be
considered a left-turn or holding lane and it shall be lawful to drive to the left of such line if the solid line is on the
right of the broken line for the purpose of turning left into any road or entrance, provided that the vehicle may not
travel in such lane further than 150 feet;
Passing with a double yellow line. Allows drivers to cross double yellow lines or a solid yellow line
immediately adjacent to a broken yellow line in order to pass a pedestrian or a device moved by human power, if
such movement can be made safely. The bill also relocates a definition from the end of the section to the
beginning for clarity. This bill incorporated SB 1027 and SB 1228.
43
6. Wherever a highway is marked with double traffic lines consisting of two immediately adjacent solid yellow
lines, no vehicle shall be driven to the left of such lines, except (i) when turning left or (ii) in order to pass a
pedestrian or a device moved by human power, including a bicycle, skateboard, or foot-scooter, provided such
movement can be made safely; and
7. Whenever a highway is marked with double traffic lines consisting of two immediately adjacent solid white lines,
no vehicle shall cross such lines;
8. For the purposes of this section, "traffic lines" shall include any temporary traffic control devices used to emulate
the lines and markings in subdivisions 6 and 7.
44
TRAFFIC SUMMARY ONLY
SB1025 and HB1662 - §§ 46.2-694, 46.2-711, 46.2-749.5, 46.2-753, 46.2-755, 46.2-1400, 46.2-2000, 46.2-2001.3,
46.2-2011.5, 46.2-2011.6, 46.2-2011.20, 46.2-2011.22, 46.2-2011.24, 46.2-2011.29, and 46.2-2051 -
Transportation network companies. Establishes a process for the licensing of transportation network companies
(TNCs) by the Department of Motor Vehicles (DMV), provided that TNCs comply with the requirements for
licensure. The bill requires TNCs to screen drivers (TNC partners), ensure that all drivers are at least 21 years old
and properly licensed to drive, and conduct background checks on all drivers including a national criminal
background check, a driving history report, and status on the state and national sex offender registries.
The bill also requires that TNC partner vehicles be titled and registered personal vehicles; be insured; have a
maximum seating capacity of no more than seven persons, excluding the driver; be registered with DMV for TNC
use; and display TNC and DMV identification markers. The bill further requires that TNC drivers be covered by a
specific liability insurance policy and specifies the nature and limits of the insurance coverage. The bill also imposes
several other operational requirements, including requirements that the TNC provide a credential to the driver and
disclose information about the TNC partner and TNC policies to passengers.
The bill authorizes DMV to conduct periodic reviews of TNCs to confirm compliance and authorizes fees to cover
DMV's costs of administering the program, an initial TNC license fee of $100,000 and an annual license renewal fee
of $60,000. The bill requires DMV to review the fee structure and report by December 1, 2016. This bill is identical
to HB 1662.
HB1522 and SB778Uncodified Act - Hauling motor fuels; times of emergency. Directs certain state agencies to
establish a protocol for a declaration of a state of emergency for resource shortages that adversely affect the delivery
of motor fuels, gasoline, diesel, kerosene, number one and number two heating oils, or liquid propane gas and to
report on such protocol by the first day of the 2016 Session. This bill is identical to SB 778.
HB2072 and SB989 - § 46.2-1148.1 - Overweight permits; forest products. Establishes an overweight permit for
hauling forest products and provides for the weight limits and the fee of $130 for the permit. This bill is identical to
SB 989.
HB1341 and SB1218 - § 46.2-1177 - Motor vehicle emissions inspection program; autocycles. Exempts
autocycles that have not been emissions certified with an on-board diagnostic system by the U.S. Environmental
Protection Agency from the motor vehicle emissions inspection program. This bill is identical to SB 1218.
HB1331 - § 15.2-1610 - Sheriff's office; motor vehicle markings. Clarifies the markings that are to be placed on
motor vehicles used by sheriff's offices.
HB1603 - § 46.2-345 - Special identification cards. Allows special identification cards issued by DMV to indicate,
when requested by the applicant, his parent if the applicant is a minor, or his guardian, that the applicant (i) is an
insulin-dependent diabetic, (ii) is hearing or speech impaired, or (iii) has an intellectual disability, as defined in §
37.2-100, or autism spectrum disorder, as defined in § 38.2-3418.17. Current law allows only the applicant to
request a special identification card.
HB1748 - § 46.2-380 - Accident reports maintained by DMV. Grants next of kin of any person injured or killed in
an accident, except for minors, access to reports of the accident maintained by DMV. Access to reports of accidents
involving a minor is only available to the minor's parent or guardian.
HB1593 - § 15.2-968.01 - Parking in residential areas; public right-of-way. Provides that localities may by
ordinance permit the parking of vehicles within residential areas in a public right-of-way that constitutes a part of
the state highway system so long as the vehicle does not obstruct the right-of-way.
45
HB1544 - § 46.2-1028.1 - Vehicle illuminated identification systems. Allows emergency vehicles to be equipped
with illuminated identification systems that assist aircraft in reading numbers and other identifying markings on the
roofs of the emergency vehicles.
HB1531 and SB803 - § 46.2-873 - Speed limits in school zones. Allows counties in Planning District 8 to increase
or decrease the speed limits in school zones; current law allows cities and towns to do so. This bill is identical to SB
803.
HB1639 - §§ 18.2-271.1 and 46.2-391.01 - DUI; persons convicted under laws of other states or federal law;
restricted license; ignition interlock. Provides that a person convicted in a federal court of an offense substantially
similar to Virginia's DUI law may petition the general district court that he be assigned to a certified alcohol safety
program and issued a restricted driver's license. Currently, only persons convicted in other states of substantially
similar DUI offenses may so petition. The bill also requires that, as a condition of a restricted license, a person who
has been convicted of a substantially similar DUI offense under the laws of another state or the United States be
prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. This bill contains
an emergency clause. This bill incorporates HB 2260.
46
CRIMINAL FULL TEXT
CHAPTER 7
An Act to amend and reenact § 18.2-250.1 of the Code of Virginia and to amend the Code of Virginia by adding a
section numbered 54.1-3408.3, relating to possession or distribution of marijuana for medical purposes; epilepsy.
[H 1445]
Approved February 26, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-250.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by
adding a section numbered 54.1-3408.3 as follows:
§ 18.2-250.1. Possession of marijuana unlawful.
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his
professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle
upon or in which marijuana was found shall not create a presumption that such person either knowingly or
intentionally possessed such marijuana.
Any person who violates this section shall be is guilty of a misdemeanor, and shall be confined in jail not more than
thirty 30 days and a fine of fined not more than $500, either or both; any person, upon a second or subsequent
conviction of a violation of this section, shall be is guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city, or town law-enforcement
agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the
detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
C. In any prosecution under this section involving marijuana in the form of cannabidiol oil or THC-A oil as those
terms are defined in § 54.1-3408.3, it shall be an affirmative defense that the individual possessed such oil pursuant
to a valid written certification issued by a practitioner in the course of his professional practice pursuant to § 54.1-
3408.3 for treatment or to alleviate the symptoms of (i) the individual's intractable epilepsy or (ii) if such individual
is the parent or legal guardian of a minor, such minor's intractable epilepsy. If the individual files the valid written
certification with the court at least 10 days prior to trial and causes a copy of such written certification to be
delivered to the attorney for the Commonwealth, such written certification shall be prima facie evidence that such
oil was possessed pursuant to a valid written certification.
§ 54.1-3408.3. Certification for use of cannabidiol oil or THC-A oil to treat intractable epilepsy.
A. As used in this section:
Possession or distribution of marijuana for medical purposes; epilepsy. Provides an affirmative defense in a
prosecution for the possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil
possessed pursuant to a valid written certification issued by a practitioner of medicine or osteopathy licensed by
the Board of Medicine for purposes of treating or alleviating a patient's symptoms of intractable epilepsy. The
bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances
outlined in the bill. The bill contains an emergency clause. This bill is identical to SB 1235.
47
"Cannabidiol oil" means a processed Cannabis plant extract that contains at least 15 percent cannabidiol but no
more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least
50 milligrams of cannabidiol per milliliter but not more than five percent tetrahydrocannabinol.
"THC-A oil" means a processed Cannabis plant extract that contains at least 15 percent tetrahydrocannabinol acid
but not more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at
least 50 milligrams of tetrahydrocannabinol acid per milliliter but not more than five percent tetrahydrocannabinol.
B. A practitioner of medicine or osteopathy licensed by the Board of Medicine in the course of his professional
practice may issue a written certification for the use of cannabidiol oil or THC-A oil for treatment or to alleviate the
symptoms of a patient's intractable epilepsy.
C. The written certification shall be on a form provided by the Office of the Executive Secretary of the Supreme
Court developed in consultation with the Board of Medicine. Such written certification shall contain the name,
address, and telephone number of the practitioner, the name and address of the patient issued the written
certification, the date on which the written certification was made, and the signature of the practitioner. Such
written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the
practitioner provides in such written certification an earlier expiration.
D. No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for dispensing or distributing cannabidiol oil
or THC-A oil for the treatment or to alleviate the symptoms of a patient's intractable epilepsy pursuant to a written
certification issued pursuant to subsection B. Nothing in this section shall preclude the Board of Medicine from
sanctioning a practitioner for failing to properly evaluate or treat a patient's medical condition or otherwise
violating the applicable standard of care for evaluating or treating medical conditions.
2. That an emergency exists and this act is in force from its passage.
48
CHAPTER 43
An Act to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to warrant requirement for certain
telecommunications records; prohibition on collection by law enforcement.
[H 1408]
Approved March 10, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-70.3 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service.
A. A provider of electronic communication service or remote computing service, which, for purposes of
subdivisions 2 through 4, includes a foreign corporation that provides such services, shall disclose a record or other
information pertaining to a subscriber to or customer of such service, excluding the contents of electronic
communications and real-time location data, to an investigative or law-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of the Commonwealth;
2. A search warrant issued by a magistrate, general district court, or circuit court;
3. A court order for such disclosure issued as provided in subsection B; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if the investigative or law-enforcement officer
shows that there is reason to believe the records or other information sought are relevant and material to an ongoing
criminal investigation, or the investigation of any missing child as defined in § 52-32, missing senior adult as
defined in § 52-34.4, or an incapacitated person as defined in § 64.2-2000 who meets the definition of a missing
senior adult except for the age requirement. Upon issuance of an order for disclosure under this section, the order
and any written application or statement of facts may be sealed by the court for 90 days for good cause shown upon
application of the attorney for the Commonwealth in an ex parte proceeding. The order and any written application
or statement of facts may be sealed for additional 90-day periods for good cause shown upon subsequent application
of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order pursuant to this section,
on a motion made promptly by the service provider, may quash or modify the order, if the information or records
requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue
burden on such provider.
C. Except as provided in subsection D, a provider of electronic communication service or remote computing service,
including a foreign corporation that provides such services, shall disclose the contents of electronic communications
or real-time location data to an investigative or law-enforcement officer only pursuant to a search warrant issued by
a magistrate, a juvenile and domestic relations district court, a general district court, or a circuit court, based upon
complaint on oath supported by an affidavit as required in § 19.2-54, or judicial officer or court of any of the several
states of the United States or its territories, or the District of Columbia when the warrant issued by such officer or
such court complies with the provisions of subsection G. In the case of a search warrant directed to a foreign
corporation, the affidavit shall state that the complainant believes that the records requested are actually or
Warrant requirement for certain telecommunications records; prohibition on collection by law
enforcement. Provides that if an investigative or law-enforcement officer would be required to obtain a search
warrant in order to obtain the contents of electronic communications or real-time location data from a provider of
electronic communication service or remote computing service, the officer shall not use any device to intercept
such communications or collect such real-time location data without first obtaining a search warrant authorizing
the use of the device. This bill incorporates HB 1348.
49
constructively possessed by a foreign corporation that provides electronic communication service or remote
computing service within the Commonwealth of Virginia. If satisfied that probable cause has been established for
such belief and as required by Chapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domestic relations
district court, the general district court, or the circuit court shall issue a warrant identifying those records to be
searched for and commanding the person seeking such warrant to properly serve the warrant upon the foreign
corporation.
D. A provider of electronic communication service or remote computing service, including a foreign corporation
that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of
such service, including real-time location data but excluding the contents of electronic communications, to an
investigative or law-enforcement officer pursuant to an administrative subpoena issued pursuant to § 19.2-10.2
concerning a violation of § 18.2-374.1 or 18.2-374.1:1, former § 18.2-374.1:2, or § 18.2-374.3 when the information
sought is relevant and material to an ongoing criminal investigation.
E. When disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement
officer may obtain real-time location data without a warrant in the following circumstances:
1. To respond to the user's call for emergency services;
2. With the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is
in his possession; (ii) the owner or user knows or believes that the device is in the possession of an employee or
agent of the owner or user with the owner's or user's consent; or (iii) the owner or user knows or believes that the
device has been taken by a third party without the consent of the owner or user;
3. With the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably
available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be
contacted; or
4. If the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate
danger to a person requires the disclosure, without delay, of real-time location data concerning a specific person and
that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the real-time location
data believes, in good faith, that an emergency involving danger to a person requires disclosure without delay.
No later than three business days after seeking disclosure of real-time location data pursuant to this subsection, the
investigative or law-enforcement officer seeking the information shall file with the appropriate court a written
statement setting forth the facts giving rise to the emergency and the facts as to why the person whose real-time
location data was sought is believed to be important in addressing the emergency.
F. In order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation shall be
deemed to have been made in the same place wherein the search warrant was issued.
G. A Virginia corporation or other entity that provides electronic communication services or remote computing
services to the general public, when properly served with a search warrant and affidavit in support of the warrant,
issued by a judicial officer or court of any of the several states of the United States or its territories, or the District of
Columbia with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or
customer of such service, including real-time location data, or the contents of electronic communications, or both,
shall produce the record or other information, including real-time location data, or the contents of electronic
communications as if that warrant had been issued by a Virginia court. The provisions of this subsection shall only
apply to a record or other information, including real-time location data, or contents of electronic communications
relating to the commission of a criminal offense that is substantially similar to (i) a violent felony as defined in §
17.1-805, (ii) an act of violence as defined in § 19.2-297.1, (iii) any offense for which registration is required
pursuant to § 9.1-902, (iv) computer fraud pursuant to § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3.
The search warrant shall be enforced and executed in the Commonwealth as if it were a search warrant described in
subsection C.
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H. The provider of electronic communication service or remote computing service may verify the authenticity of the
written reports or records that it discloses pursuant to this section, excluding the contents of electronic
communications, by providing an affidavit from the custodian of those written reports or records or from a person to
whom said custodian reports certifying that they are true and complete and that they are prepared in the regular
course of business. When so authenticated, the written reports and records are admissible in evidence as a business
records exception to the hearsay rule.
I. No cause of action shall lie in any court against a provider of a wire or electronic communication service or
remote computing service or such provider's officers, employees, agents, or other specified persons for providing
information, facilities, or assistance in accordance with the terms of a court order, warrant, administrative subpoena,
or subpoena under this section or the provisions of subsection E.
J. A search warrant or administrative subpoena for the disclosure of real-time location data pursuant to this section
shall require the provider to provide ongoing disclosure of such data for a reasonable period of time, not to exceed
30 days. A court may, for good cause shown, grant one or more extensions, not to exceed 30 days each.
K. An investigative or law-enforcement officer shall not use any device to obtain electronic communications or
collect real-time location data from an electronic device without first obtaining a search warrant authorizing the
use of the device if, in order to obtain the contents of such electronic communications or such real-time location
data from the provider of electronic communication service or remote computing service, such officer would be
required to obtain a search warrant pursuant to this section. However, an investigative or law-enforcement officer
may use such a device without first obtaining a search warrant under the circumstances set forth in subsection E.
For purposes of subdivision E 4, the investigative or law-enforcement officer using such a device shall be
considered to be the possessor of the real-time location data.
L. For the purposes of this section:
"Electronic device" means a device that enables access to, or use of, an electronic communication service, remote
computing service, or location information service, including a global positioning service or other mapping,
locational, or directional information service.
"Foreign corporation" means any corporation or other entity, whose primary place of business is located outside of
the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a
resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a
corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the
Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of
authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or
subpoena, which has been properly served on it, has the same legal force and effect as if served personally within
the Commonwealth.
"Properly served" means delivery of a search warrant or subpoena by hand, by United States mail, by commercial
delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the
Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has
designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.
"Real-time location data" means any data or information concerning the current location of an electronic device that,
in whole or in part, is generated, derived from, or obtained by the operation of the device.
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CHAPTER 196
An Act to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery; location of offense.
[H 1611]
Approved March 16, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-57 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-57. Assault and battery; penalty.
A. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the
person intentionally selects the person against whom a simple assault is committed because of his race, religious
conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six
months, 30 days of which shall be a mandatory minimum term of confinement.
B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily
injury is committed because of his race, religious conviction, color or national origin, the person is guilty of a Class
6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of
which shall be a mandatory minimum term of confinement.
C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason
to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection F, a
correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of
inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility
directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly
involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the
Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually
violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a
firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member
who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide
volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has
been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical
services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth,
such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a
mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section
from asserting and presenting evidence in support of any defenses to the charge that may be available under
common law.
D. In addition, if any person commits a battery against another knowing or having reason to know that such other
person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged
in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon
conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of
confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school
Assault and battery against certain persons. Amends provision making it a Class 6 felony to commit an
assault or an assault and battery against judges, magistrates, law-enforcement officers, correctional officers,
firefighters, emergency medical services personnel, and persons directly involved in the care, treatment, or
supervision of certain inmates, juvenile offenders, and sexually violent predators when they are engaged in the
performance of their public duties to state that the crime occurs regardless of where in the Commonwealth the
public duties are performed. The bill provides that its provisions are declarative of existing law.
52
property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six
months.
E. In addition, any person who commits a battery against another knowing or having reason to know that such
individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties as an
emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility
rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon
conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum
term of confinement.
F. As used in this section:
"Judge" means any justice or judge of a court of record of the Commonwealth including a judge designated under §
17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of
the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a
district court of the Commonwealth or any substitute judge of such district court.
"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office that
is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the
prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth,
any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115,
any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant
to § 29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles
appointed pursuant to § 46.2-217, and such officer also includes jail officers in local and regional correctional
facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities,
auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs
appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to §
5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in
§§ 27-34.2 and 27-34.2:1.
"School security officer" means an individual who is employed by the local school board for the purpose of
maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining
persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity
and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the
assigned school.
G. "Simple assault" or "assault and battery" shall not be construed to include the use of, by any school security
officer or full-time or part-time employee of any public or private elementary or secondary school while acting in
the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical
contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a
disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage
to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv)
reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to
obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that
are upon the person of the student or within his control.
In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be
given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any
public or private elementary or secondary school at the time of the event.
2. That the provisions of this act are declarative of existing law.
53
CHAPTER 273
An Act to amend and reenact § 58.1-1017.1 of the Code of Virginia and to amend the Code of Virginia by adding in
Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.3, relating to cigarettes; contraband; fraudulent
purchase; penalties. [H 1807]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 58.1-1017.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by
adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.3 as follows:
§ 58.1-1017.1. Possession with intent to distribute tax-paid, contraband cigarettes; penalties.
Any person who possesses, with intent to distribute, more than 5,000 (25 cartons) but fewer than 100,000 (500
cartons) 40,000 (200 cartons) tax-paid cigarettes is guilty of a Class 1 misdemeanor for a first offense and is guilty
of a Class 6 felony for any second or subsequent offense. Any person who possesses, with intent to distribute,
100,000 (500 cartons) 40,000 (200 cartons) or more tax-paid cigarettes is guilty of a Class 6 felony for a first
offense and is guilty of a Class 5 felony for a second or subsequent offense. Additionally, any person who violates
the provisions of this section shall be assessed a civil penalty of (i) $2.50 per pack, but no less than $5,000, for a first
offense; (ii) $5 per pack, but no less than $10,000, for a second such offense committed within a 36-month period;
and (iii) $10 per pack, but no less than $50,000, for a third or subsequent such offense committed within a 36-month
period. The civil penalties shall be assessed and collected by the Department as other taxes are collected.
The provisions of this section shall not apply to an authorized holder.
§ 58.1-1017.3. Fraudulent purchase of cigarettes; penalties.
Any person who purchases 5,000 (25 cartons) cigarettes or fewer using a forged business license, a business license
obtained under false pretenses, a forged or invalid Virginia sales and use tax exemption certificate, or a Virginia
sales and use tax exemption certificate obtained under false pretenses is guilty of a Class 1 misdemeanor for a first
offense and a Class 6 felony for a second or subsequent offense. Any person who purchases more than 5,000 (25
cartons) cigarettes using a forged business license, a business license obtained under false pretenses, a forged or
invalid Virginia sales and use tax exemption certificate, or a Virginia sales and use tax exemption certificate
obtained under false pretenses is guilty of a Class 6 felony for a first offense and a Class 5 felony for a second or
subsequent offense. Additionally, any person who violates the provisions of this section shall be assessed a civil
penalty of (i) $2.50 per pack, but no less than $5,000, for a first offense; (ii) $5 per pack, but no less than $10,000,
for a second such offense committed within a 36-month period; and (iii) $10 per pack, but no less than $50,000, for
a third or subsequent such offense committed within a 36-month period. The civil penalties shall be assessed and
collected by the Department as other taxes are collected.
The provisions of this section shall not preclude prosecution under any other statute.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
Cigarettes; possession with intent to distribute contraband; fraudulent purchase; penalties. Lowers the
felony threshold for possession with intent to distribute tax-paid cigarettes from 500 cartons to 200 cartons and
creates a criminal offense and civil penalties for purchasing cigarettes using a forged business license, a forged
or invalid Virginia sales and use tax exemption certificate, or a business license or sales and use tax exemption
certificate obtained under false pretenses. This bill is a recommendation of the Virginia State Crime Commission
and is identical to SB 1231.
54
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
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CHAPTER 303
An Act to amend and reenact §§ 54.1-3450 and 54.1-3452 of the Code of Virginia, relating to scheduling of certain
controlled substances. [H 1839]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3450 and 54.1-3452 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-3450. Schedule III.
The controlled substances listed in this section are included in Schedule III:
1. Unless specifically exempted or listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a depressant effect on the central nervous system:
Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric
acid, except those substances which are specifically listed in other schedules;
Any compound, mixture or preparation containing amobarbital, secobarbital, or pentobarbital or any salt of
amobarbital, secobarbital, or pentobarbital and one or more other active medicinal ingredients which are not listed in
Schedules II through V;
Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital or any salt of amobarbital,
secobarbital, or pentobarbital and approved by the Food and Drug Administration for marketing only as a
suppository;
Chlorhexadol;
Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for
which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355);
Embutramide;
Ketamine, its salts, isomers, and salts of isomers (some other names: [+-] -2-[2-chlorophenyl]-2-[methylamino]-
cyclohexanone);
Lysergic acid;
Lysergic acid amide;
Methyprylon;
Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benxonitrile], including its salts, isomers,
and salts of isomers;
Sulfondiethylmethane;
Scheduling of certain controlled substances. Removes hydrocodone combination products from Schedule III
and classifies alfaxalone, suvorexant, and tramadol as Schedule IV controlled substances.
56
Sulfonethylmethane;
Sulfonmethane; and
Tiletamine-zolazepam combination product or any salt thereof.
2. Nalorphine.
3. Unless specifically excepted or unless listed in another schedule:
a. Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts
thereof:
Buprenorphine.
b. Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic
drugs, or any salts thereof:
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
Not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;
Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts.
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a stimulant effect on the central nervous system,
including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
Benzphetamine;
Chlorphentermine;
57
Clortermine;
Phendimetrazine.
5. The Board may except by regulation any compound, mixture, or preparation containing any stimulation or
depressant substance listed in subsection A from the application of all or any part of this chapter if the compound,
mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect
on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the
central nervous system.
6. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation
containing any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the
existence of such salts of isomers is possible within the specific chemical designation:
Anabolic steroids, including, but not limited to:
3beta,17-dihydroxy-5a-androstane;
3alpha,17beta-dihydroxy-5a-androstane;
5alpha-androstan-3,17-dione;
1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene);
1-androstenediol (3alpha,17beta-dihydroxy-5alpha-androst-1-ene);
4-androstenediol (3beta,17beta-dihydroxy-androst-4-ene);
5-androstenediol (3beta,17beta-dihydroxy-androst-5-ene);
1-androstenedione ([5alpha]-androst-1-en-3,17-dione);
4-androstenedione (androst-4-en-3,17-dione);
5-androstenedione (androst-5-en-3,17-dione);
Bolasterone (7alpha,17alpha-dimenthyl-17beta-hydroxyandrost-4-en-3-one);
Boldenone (Dehydrotestosterone)(17beta-hydroxyandrost-1,4,-diene-3-one);
Boldione (androsta-1, 4-diene-3, 17-dione);
Calusterone (7beta,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);
Clostebol (4-Chlorotestosterone)(Chlorotestosterone)(4-chloro-17beta-hydr oxyandrost-4-en-3-one);
Dehydrochloromethyltestosterone (4-chloro-17beta-hydroxy-17alpha-methyl-androst-1,4-dien-3-one);
Delta1-dihydrotestosterone (1-testosterone)(17beta-hydroxy-5alpha-androst-1-en-3-one);
Desoxymethyltestosterone (madol)(17alpha-methyl-5alpha-androst-2-en-17beta-ol);
58
Dromostanolone (Drostanolone)(17beta-hydroxy-2alpha-methyl-5alpha-androstan-3-one);
Ethylestrenol (17alpha-ethyl-17beta-hydroxyestr-4-ene);
Fluoxymesterone (9-fluoro-17alpha-methyl-11beta,17beta-dihydroxyandrost-4-en-3-one);
Formyldienolone (Formebolone)(2-formyl-17alpha-methyl-11alpha,17beta-dihydroxyandrost-1,4-dien-3-one);
Furazabol (17alpha-methyl-17beta-hydroxyandrostano[2,3-c]-furazan);
13-beta-ethyl-17alpha-hydroxygon-4-en-3-one;
4-hydroxytestosterone (4,17beta-dihydroxy-androst-4-en-3-one);
4-hydroxy-19-nortestosterone (4,17beta-dihydroxy-estr-4-en-3-one);
Mestanolone (17alpha-methyl-17beta-hydroxy-5-androstan-3-one);
Mesterolone (1alpha-methyl-17beta-hydroxy-[5alpha]-androstan-3-one);
Methandriol (methylandrostenediol)(17alpha-methyl-3beta,17beta-dihydroxyand rost-5-ene);
Methandrostenolone (Methandienone)(Dehydromethyltestosterone)(17alpha-methyl-17beta-hydroxyandrost-1,4-
dien-3-one);
Methasterone (2alpha,17alpha-dimethyl-5alpha-androstan-17beta-ol-3-one);
Methenolone (1-methyl-17beta-hydroxy-5alpha-androst-1-en-3-one);
17alpha-methyl-3beta,17beta-dihydroxy-5a-androstane;
17alpha-methyl-3alpha,17beta-dihydroxy-5a-androstane;
17alpha-methyl-3beta,17beta-dihydroxyandrost-4-ene);
17alpha-methyl-4-hydroxynandrolone (17alpha-methyl-4-hydroxy-17beta-hydroxyestr-4-en-3-one);
Methyldienolone (17alpha-methyl-17beta-hydroxyestra-4,9(10)-dien-3-one);
Methyltrienolone (17alpha-methyl-17beta-hydroxyestra-4,9-11-trien-3-one);
17-Methyltestosterone (Methyltestosterone)(17alpha-methyl-17beta-hydroxyandrost-4-en-3-one);
Mibolerone (7alpha,17alpha-dimethyl-17beta-hydroxyestr-4-en-3-one);
17alpha-methyl-delta1-dihydrotestosterone (17beta-hydroxy-17alpha-methyl-5alpha-androst-1-en-3-one)(17-alpha-
methyl-1-testosterone);
Nandrolone (19-Nortestosterone)(17beta-hydroxyestr-4-en-3-one);
19-nor-4,9(10)-androstadienedione(estra-4,9(10)-diene-3,17-dione);
59
19-nor-4-androstenediol (3beta,17beta-dihydroxyestr-4-ene);
19-nor-4-androstenediol (3alpha,17beta-dihydroxyestr-4-ene);
19-nor-5-androstenediol (3beta,17beta-dihydroxyestr-5-ene);
19-nor-5-androstenediol (3alpha,17beta-dihydroxyestr-5-ene);
19-nor-4-androstenedione (estr-4-en-3,17-dione);
19-nor-5-androstenedione (estr-5-en-3,17-dione);
Norbolethone (13beta,17alpha-diethyl-17beta-hydroxygon-4-en-3-one);
Norclostebol (4-chloro-17beta-hydroxyestr-4-en-3-one);
Norethandrolone (17alpha-ethyl-17beta-hydroxyestr-4-en-3-one);
Normethandrolone (17alpha-methyl-17beta-hydroxyestr-4-en-3-one);
Oxandrolone (17alpha-methyl-17beta-hydroxy-2-oxa-[5alpha]-androstan-3-one);
Oxymesterone (Oxymestrone)(17alpha-methyl-4,17beta-dihydroxyandrost-4-en-3-one);
Oxymetholone (Anasterone)(17alpha-methyl-2-hydroxymethylene-17beta-hydroxy-[5alpha]-androstan-3-one);
Prostanozol (17beta-hydroxy-5alpha-androstano[3,2-c]pyrazole);
Stanolone (4-Dihydrotestosterone)(Dihydrotestosterone)(17beta-hydroxy-androstan-3-one);
Stanozolol (Androstanazole)(17alpha-methyl-17beta-hydroxy-[5alpha]-androst-2-eno[3,2-c]-pyrazole);
Stenbolone (17beta-hydroxy-2-methyl-[5alpha]-androst-1-en-3-one);
Testolactone (1-Dehydrotestololactone)(13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
Testosterone (17beta-hydroxandrost-4-en-3-one);
Tetrahydrogestrinone (13beta,17alpha-diethyl-17beta-hydroxygon-4,9,11-trien-3-one);
Trenbolone (Trienbolone)(Trienolone)(17beta-hydroxyestr-4,9,11-trien-3-one); and
Any salt, ester, or ether of a drug or substance described or listed in this paragraph. However, such term does not
include an anabolic steroid which is expressly intended for administration through implants to cattle or other
nonhuman species and which has been approved by the United States Secretary of Health and Human Services for
such administration. If any person prescribes, dispenses, or distributes any such steroid for human use, such person
shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this
subsection.
7. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the
U.S. Food and Drug Administration.
60
§ 54.1-3452. Schedule IV.
The controlled substances listed in this section are included in Schedule IV unless specifically excepted or listed in
another schedule:
1. Any material, compound, mixture, or preparation which contains any quantity of the following substances having
a potential for abuse associated with a depressant effect on the central nervous system:
Alfaxalone (5[alpha]-pregnan-3[alpha]-ol-11,20-dione), previously spelled "alphaxalone," including its salts,
isomers, and salts of isomers;
Alprazolam;
Barbital;
Bromazepam;
Camazepam;
Carisoprodol;
Chloral betaine;
Chloral hydrate;
Chlordiazepoxide;
Clobazam;
Clonazepam;
Clorazepate;
Clotiazepam;
Cloxazolam;
Delorazepam;
Diazepam;
Dichloralphenazone;
Estazolam;
Ethchlorvynol;
Ethinamate;
Ethyl loflazepate;
61
Fludiazepam;
Flunitrazepam;
Flurazepam;
Fospropofol;
Halazepam;
Haloxazolam;
Ketazolam;
Loprazolam;
Lorazepam;
Lormetazepam;
Mebutamate;
Medazepam;
Methohexital;
Meprobamate;
Methylphenobarbital;
Midazolam;
Nimetazapam;
Nitrazepam;
Nordiazepam;
Oxazepam;
Oxazolam;
Paraldehyde;
Petrichloral;
Phenobarbital;
Pinazepam;
Prazepam;
62
Quazepam;
Suvorexant ([(7R)-4-(5-chloro-1,3-benzoxazol-2-yl)-7-methyl-1,4-diazepan-1-yl][5-methyl-2-(2H-1,2,3-triazol-2-
yl)phenyl]methanone), including its salts, isomers, and salts of isomers;
Temazepam;
Tetrazepam;
Triazolam;
Zaleplon;
Zolpidem;
Zopiclone.
2. Any compound, mixture or preparation which contains any quantity of the following substances including any
salts or isomers thereof:
Fenfluramine;
Lorcaserin.
3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances having a stimulant effect on the central nervous system,
including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
Cathine (+)-norpseudoephedrine;
Diethylpropion;
Fencamfamin;
Fenproprex;
Mazindol;
Mefenorex;
Modafinil;
Phentermine;
Pemoline (including organometallic complexes and chelates thereof);
Pipradrol;
Sibutramine;
SPA (-)-1-dimethylamino-1, 2-diphenylethane.
63
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in
limited quantities as set forth below:
Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxy butane);
Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.;
2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of
such isomers, including tramadol.
5. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation
which contains any quantity of the following substances, including their salts:
Butorphanol (including its optical isomers);
Pentazocine.
6. The Board may except by regulation any compound, mixture, or preparation containing any depressant substance
listed in subdivision 1 from the application of all or any part of this chapter if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and
if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the
potential for abuse of the substances which have a depressant effect on the central nervous system.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
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CHAPTER 392
An Act to amend the Code of Virginia by adding in Article 3 of Chapter 4 of Title 18.2 a section numbered 18.2-
50.3, relating to enticing, etc., another into a dwelling house with intent to commit certain felonies; penalty.
[H 1493]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 3 of Chapter 4 of Title 18.2 a section numbered 18.2-
50.3 as follows:
§ 18.2-50.3. Enticing, etc., another into a dwelling house with intent to commit certain felonies; penalty.
Any person who commits a violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-48, 18.2-51.2, 18.2-58, 18.2-61, 18.2-
67.1, or 18.2-67.2 within a dwelling house and who, with the intent to commit a felony listed in this section, enticed,
solicited, requested, or otherwise caused the victim to enter such dwelling house is guilty of a Class 6 felony. A
violation of this section is a separate and distinct felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
Enticing persons to dwelling house to commit certain crimes; penalty. Provides that a person who commits
certain specified crimes, including capital murder, first and second degree murder, murder of a pregnant woman,
abduction with intent to extort money or for immoral purposes, aggravated malicious wounding, robbery, rape,
forcible sodomy, or object sexual penetration, within a dwelling house and who, with the intent to commit such
crime, enticed, solicited, requested, or otherwise caused the victim to enter the dwelling house is guilty of a
separate and distinct Class 6 felony.
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CHAPTER 395
An Act to amend and reenact § 18.2-355 of the Code of Virginia, relating to pandering; minors.
[H 2040]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-355 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-355. Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking.
Any person who:
(1) For purposes of prostitution or unlawful sexual intercourse, takes any person into, or persuades, encourages or
causes any person to enter, a bawdy place, or takes or causes such person to be taken to any place against his or her
will for such purposes; or
(2) Takes or detains a person against his or her will with the intent to compel such person, by force, threats,
persuasions, menace or duress, to marry him or her or to marry any other person, or to be defiled; or
(3) Being parent, guardian, legal custodian or one standing in loco parentis of a person, consents to such person
being taken or detained by any person for the purpose of prostitution or unlawful sexual intercourse; or
(4) For purposes of prostitution, takes any minor into, or persuades, encourages, or causes any minor to enter, a
bawdy place, or takes or causes such person to be taken to any place for such purposes; is guilty of pandering, and
shall be guilty of.
A violation of subdivision (1), (2), or (3) is punishable as a Class 4 felony. A violation of subdivision (4) is
punishable as a Class 3 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
Pandering; minors; penalty. Increases from a Class 4 felony to a Class 3 felony the penalty for pandering
involving a minor.
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CHAPTER 414
An Act to amend the Code of Virginia by adding a section numbered 8.01-40.3, relating to the dissemination, etc., of
criminal history record information; civil action. [S 720]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-40.3 as follows:
§ 8.01-40.3. Unauthorized dissemination, etc., of criminal history record information; civil action.
Any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the
criminal history record information as defined in § 9.1-101 of an individual pertaining to that individual's charge or
arrest for a criminal offense and solicits, requests, or accepts money or other thing of value for removing such
criminal history record information shall be liable to the individual who is the subject of the information for actual
damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
Dissemination, etc., of criminal
history record information; civil action. Creates a civil action against
any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the
criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal
offense and solicits, requests, or accepts money or other thing of value for removing such information. Such
person shall be liable to the individual who is the subject of the information for actual damages or $500,
whichever is greater, in addition to reasonable attorney fees and costs.
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CHAPTER 415
An Act to amend the Code of Virginia by adding a section numbered 8.01-40.3, relating to the dissemination, etc., of
criminal history record information; civil actions. [H 1764]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-40.3 as follows:
§ 8.01-40.3. Unauthorized dissemination, etc., of criminal history record information; civil actions.
A. Any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the
criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal
offense and solicits, requests, or accepts money or other thing of value for removing such criminal history record
information shall be liable to the individual who is the subject of the information for actual damages or $500,
whichever is greater, in addition to reasonable attorney fees and costs.
B. Nothing in this section shall be construed to impose liability on:
1. An interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.
2. Any speech protected by Article I, Section 12 of the Constitution of Virginia.
C. As used in this section, "criminal history record information" means the same as that term is defined in § 9.1-101.
Dissemination, etc., of criminal history record; civil action. Provides that a person who disseminates,
publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record
information of an individual pertaining to that individual's charge or arrest for a criminal offense and solicits,
requests, or accepts money or other thing of value for removing such criminal history record information shall be
liable to the individual who is the subject of the information for actual damages or $500, whichever is greater, in
addition to reasonable attorney fees and costs. The bill specifies that liability is not imposed on an interactive
computer service for content provided by another person or for any speech protected by Article I, Section 12 of
the Constitution of Virginia.
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CHAPTER 436
An Act to amend the Code of Virginia by adding a section numbered 18.2-251.03, relating to safe reporting of
overdoses. [H 1500]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-251.03 as follows:
§ 18.2-251.03. Safe reporting of overdoses.
A. For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use
of a controlled substance, alcohol, or any combination of such substances.
B. It shall be an affirmative defense to prosecution of an individual for the unlawful purchase, possession, or
consumption of alcohol pursuant to § 4.1-305, possession of a controlled substance pursuant to § 18.2-250,
possession of marijuana pursuant to § 18.2-250.1, intoxication in public pursuant to § 18.2-388, or possession of
controlled paraphernalia pursuant to § 54.1-3466 if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an
overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously
reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined
in § 32.1-111.1, a law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person
requiring emergency medical attention has been transported until a law-enforcement officer responds to the report
of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location,
then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose;
4. If requested by a law-enforcement officer, such individual substantially cooperates in any investigation of any
criminal offense reasonably related to the controlled substance, alcohol, or combination of such substances that
resulted in the overdose; and
5. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the
individual seeking or obtaining emergency medical attention.
Safe reporting of overdoses. Establishes an affirmative defense to prosecution of an individual for (i) simple
possession of a controlled substance, marijuana, or controlled paraphernalia; (ii) intoxication in public; or (iii)
the unlawful purchase, possession, or consumption of alcohol if such individual sought or obtained emergency
medical attention for himself or for another individual because of a drug-related or alcohol-related overdose and
if the evidence for the charge was obtained as a result of the individual seeking or obtaining emergency medical
attention. The bill provides that the affirmative defense may only be invoked by an individual who (a) remains at
the scene of the overdose or at any location to which he is transported for emergency medical attention until a
law-enforcement officer responds to the report of an overdose or, if no law-enforcement officer is present at
either the scene or the other location, cooperates with law enforcement, (b) identifies himself to the responding
law-enforcement officer, and (c) cooperates, upon request, with any criminal investigation reasonably related to
the drug or alcohol that resulted in the overdose. No individual may assert this affirmative defense if the
emergency medical attention sought or obtained was during the execution of a search warrant or during the
conduct of a lawful search or a lawful arrest. This bill is identical to SB 892.
69
C. No individual may assert the affirmative defense provided for in this section if the person sought or obtained
emergency medical attention for himself or another individual during the execution of a search warrant or during
the conduct of a lawful search or a lawful arrest.
D. This section does not establish an affirmative defense for any individual or offense other than those listed in
subsection B.
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CHAPTER 423
An Act to amend and reenact § 19.2-249.2 of the Code of Virginia, relating to venue for prosecution of computer
and other crimes. [S 709]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-249.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-249.2. Venue for prosecution of computer and other crimes.
For the purpose of venue under, any violation of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), any
violation of the article or § 18.2-386.1 shall be considered to have been committed in any county or city:
1. In which any act was performed in furtherance of any course of conduct that violated this article any provision
listed above;
2. In which the owner has his principal place of business in the Commonwealth;
3. In which any offender had control or possession of any proceeds of the violation or of any books, records,
documents, property, financial instrument, computer software, computer program, computer data, or other material
or objects that were used in furtherance of the violation;
4. From which, to which, or through which any access to a computer or computer network was made whether by
wires, electromagnetic waves, microwaves, optics or any other means of communication;
5. In which the offender resides; or
6. In which any computer that is an object or an instrument of the violation is located at the time of the alleged
offense.
Creation of unlawful images; venue. Provides that venue for prosecution of the crime of creating unlawful
images of a nonconsenting person is the same as venue for the Virginia Computer Crimes Act. The bill also
clarifies a venue provision in the Virginia Computer Crimes Act.
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CHAPTER 428
An Act to amend and reenact §§ 18.2-374.1:1 and 18.2-381 of the Code of Virginia, relating to child pornography
and obscenity offenses; penalties. [S 1056]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-374.1:1 and 18.2-381 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-374.1:1. Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty.
A. Any person who knowingly possesses child pornography is guilty of a Class 6 felony.
B. Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony.
C. Any person who knowingly (i) reproduces by any means, including by computer, sells, gives away, distributes,
electronically transmits, displays with lascivious intent, purchases, or possesses with intent to sell, give away,
distribute, transmit, or display child pornography with lascivious intent or (ii) commands, entreats, or otherwise
attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to
gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be
punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits
a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than
five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum
term of imprisonment. The mandatory minimum terms of imprisonment prescribed for violations of this section
shall be served consecutively with any other sentence.
D. Any person who intentionally operates an Internet website for the purpose of facilitating the payment for access
to child pornography is guilty of a Class 4 felony.
E. All child pornography shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.
F. For purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or
presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of
age.
G. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs or where any
child pornography is produced, reproduced, found, stored, received, or possessed in violation of this section.
H. The provisions of this section shall not apply to any such material that is possessed for a bona fide medical,
scientific, governmental, law-enforcement, or judicial purpose by a physician, psychologist, scientist, attorney,
employee of a law-enforcement agency, judge, or clerk who possesses such material in the course of conducting his
professional duties as such.
§ 18.2-381. Punishment for subsequent offenses; additional penalty for owner.
Any person, firm, association or corporation convicted of a second or other subsequent offense under §§ § 18.2-374
through, 18.2-375, 18.2-376, 18.2-377, 18.2-378, or 18.2-379 shall be is guilty of a Class 6 felony. However, if the
Child pornography; obscenity; penalties. Adds a mens rea of "knowingly" for the offenses of (i) reproducing
child pornography and (ii) soliciting child pornography to gain entry to a group and removes the requirement of
lascivious intent for these offenses. The bill also amends a penalty section that applies to the obscenity article to
correctly reflect the existing penalties. This bill is a recommendation of the Virginia State Crime Commission.
72
person, firm, association or corporation convicted of such subsequent offense is the owner of the business
establishment where each of the offenses occurred, a fine of not more than $10,000 shall be imposed in addition to
the penalties otherwise prescribed by this section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
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CHAPTER 429
An Act to amend and reenact § 19.2-386.23 of the Code of Virginia, relating to disposal of seized drugs; law-
enforcement training and research. [S 1241]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-386.23 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia.
A. All controlled substances, imitation controlled substances, marijuana, or paraphernalia, the lawful possession of
which is not established or the title to which cannot be ascertained, which have come into the custody of a peace
officer or have been seized in connection with violations of Chapter 7 (§ 18.2-247 et seq.) of Title 18.2, shall be
forfeited and disposed of as follows:
1. Upon written application by (i) the Department of Forensic Science, (ii) the Department of State Police, or (iii)
any police department or sheriff's office in a locality, the court may order the forfeiture of any such substance or
paraphernalia to the Department of Forensic Science, the Department of State Police, or to such police department or
sheriff's office for research and training purposes and for destruction pursuant to regulations of the United States
Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have
been fulfilled.
2. In the event no application is made under subdivision 1 of this subsection, the court shall order the destruction of
all such substances or paraphernalia, which order shall state the existence and nature of the substance or
paraphernalia, the quantity thereof, the location where seized, the person or persons from whom the substance or
paraphernalia was seized, if known, and the manner whereby such item shall be destroyed. However, the court may
order that paraphernalia identified in subdivision 5 of § 18.2-265.1 not be destroyed and that it be given to a person
or entity that makes a showing to the court of sufficient need for the property and an ability to put the property to a
lawful and publicly beneficial use. A return under oath, reporting the time, place and manner of destruction shall be
made to the court by the officer to whom the order is directed. A copy of the order and affidavit shall be made a part
of the record of any criminal prosecution in which the substance or paraphernalia was used as evidence and shall,
thereafter, be prima facie evidence of its contents. In the event a law-enforcement agency recovers, seizes, finds, is
given or otherwise comes into possession of any such substances or paraphernalia that are not evidence in a trial in
the Commonwealth, the chief law-enforcement officer of the agency or his designee may, with the written consent
of the appropriate attorney for the Commonwealth, order destruction of same; provided that a statement under oath,
reporting a description of the substances and paraphernalia destroyed and the time, place and manner of destruction,
is made to the chief law-enforcement officer by the officer to whom the order is directed.
B. No such substance or paraphernalia used or to be used in a criminal prosecution under Chapter 7 (§ 18.2-247 et
seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal have been exhausted,
except as provided in § 19.2-386.24.
C. The amount of any specific controlled substance, or imitation controlled substance, retained by any law-
enforcement agency pursuant to a court order issued under this section shall not exceed five pounds, or 25 pounds in
the case of marijuana. Any written application to the court for controlled substances, imitation controlled substances,
Drugs forfeited to law enforcement; research and training. Amends the provision that allows seized drugs to
be forfeited to a law-enforcement agency for research and training purposes pursuant to a court order to require
the law-enforcement agency to destroy such drugs when they are no longer needed for research and training
purposes; under current law, drugs must be destroyed within 12 months of being obtained.
74
or marijuana, shall certify that the amount requested shall not result in the requesting agency's exceeding the limits
allowed by this subsection.
D. A law-enforcement agency that retains any controlled substance, imitation controlled substance, or marijuana,
pursuant to a court order issued under this section shall (i) be required to conduct an inventory of such substance on
a monthly basis, which shall include a description and weight of the substance, and (ii) destroy such substance
within 12 months of obtaining it through a court order for use in pursuant to subdivision A 1 when no longer needed
for research and training purposes. A written report outlining the details of the inventory shall be made to the chief
law-enforcement officer of the agency within 10 days of the completion of the inventory, and the agency shall detail
the substances that were used for research and training pursuant to a court order in the immediately preceding fiscal
year. Destruction of such substance shall be certified to the court along with a statement prepared under oath,
reporting a description of the substance destroyed, and the time, place, and manner of destruction.
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CHAPTER 501
An Act to amend and reenact § 19.2-53 of the Code of Virginia, relating to search warrants for computers, computer
networks, and other electronic devices. [S 1307]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-53 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-53. What may be searched and seized.
A. Search warrants may be issued for the search of or for specified places, things or persons, and seizure therefrom
of the following things as specified in the warrant:
(1) 1. Weapons or other objects used in the commission of crime;
(2) 2. Articles or things the sale or possession of which is unlawful;
(3) 3. Stolen property or the fruits of any crime;
(4) 4. Any object, thing, or person, including without limitation, documents, books, papers, records or body fluids,
constituting evidence of the commission of crime.
Notwithstanding any other provision in this chapter to the contrary, no search warrant may be issued as a substitute
for a witness subpoena.
B. Any search warrant issued for the search and seizure of a computer, computer network, or other device
containing electronic or digital information shall be deemed to include the search and seizure of the physical
components and the electronic or digital information contained in any such computer, computer network, or other
device.
C. Any search, including the search of the contents of any computer, computer network, or other device conducted
pursuant to subsection B, may be conducted in any location and is not limited to the location where the evidence
was seized.
2. That this act is declaratory of existing law.
Search warrants; computers, networks, and other electronic devices. Clarifies that a search warrant that
authorizes the lawful seizure of digital evidence from a computer, computer network, or other device containing
electronic or digital information includes the search and seizure of the physical components and the electronic or
digital information contained in such computer, computer network, or other device. The bill also provides that
any search, including the search of any computer, computer network, or other device, may be conducted in any
location and not just the location where the evidence was seized. The bill provides that its provisions are
declaratory of existing law.
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CHAPTER 544
An Act to amend and reenact § 19.2-10.2 of the Code of Virginia, relating to administrative subpoenas; electronic
communication service or remote computing service; sealing.
[H 1946]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-10.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-10.2. Administrative subpoena issued for record from provider of electronic communication service or
remote computing service.
A. A provider of electronic communication service or remote computing service that is transacting or has transacted
any business in the Commonwealth shall disclose a record or other information pertaining to a subscriber to or
customer of such service, excluding the contents of electronic communications as required by § 19.2-70.3, to an
attorney for the Commonwealth or the Attorney General pursuant to an administrative subpoena issued under this
section.
1. In order to obtain such records or other information, the attorney for the Commonwealth or the Attorney General
shall certify on the face of the subpoena that there is reason to believe that the records or other information being
sought are relevant to a legitimate law-enforcement investigation concerning violations of §§ 18.2-47, 18.2-48, 18.2-
49, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-374.1, and 18.2-374.1:1, former §
18.2-374.1:2, and § 18.2-374.3.
2. Upon written certification by the attorney for the Commonwealth or the Attorney General that there is a reason to
believe that the victim is under the age of 18 and that notification or disclosure of the existence of the subpoena will
endanger the life or physical safety of an individual, or lead to flight from prosecution, the destruction of or
tampering with evidence, the intimidation of potential witnesses, or otherwise seriously jeopardize an investigation,
the subpoena shall include a provision ordering the service provider not to notify or disclose the existence of the
subpoena to another person, other than an attorney to obtain legal advice, for a period of 30 days after the date on
which the service provider responds to the subpoena.
3. On a motion made promptly by the electronic communication service or remote computing service provider, a
court of competent jurisdiction may quash or modify the administrative subpoena if the records or other information
requested are unusually voluminous in nature or if compliance with the subpoena would otherwise cause an undue
burden on the service provider.
B. All records or other information received by an attorney for the Commonwealth or the Attorney General pursuant
to an administrative subpoena issued under this section shall be used only for a reasonable length of time not to
exceed 30 days and only for a legitimate law-enforcement purpose. Upon completion of the investigation, the
Administrative subpoenas; electronic communication services nondisclosure of subpoena. Authorizes the
Attorney General, as attorneys for the Commonwealth are currently authorized, to issue administrative
subpoenas to obtain certain records and other information from electronic communication service and remote
computing service providers if relevant to a law-enforcement investigation of certain pornography, abduction,
and prostitution crimes. The bill requires such subpoenas to contain a provision ordering the service provider not
to notify or disclose the existence of the subpoena to another person, other than an attorney to obtain legal
advice, for a period of 30 days after the date on which the service provider responds to the subpoena if the
attorney for the Commonwealth or Attorney General makes written certification that there is reason to believe
that the victim is under the age of 18 and that the disclosure of the existence of the subpoena will endanger the
life or physical safety of an individual; lead to flight from prosecution, the destruction of or tampering with
evidence, or the intimidation of potential witnesses; or otherwise seriously jeopardize an investigation. This bill
is identical to SB 919.
77
records or other information held by the attorney for the Commonwealth or the Attorney General shall be destroyed
if no prosecution is initiated. The existence of such a subpoena shall be disclosed upon motion of an accused.
C. No cause of action shall lie in any court against an electronic communication service or remote computing service
provider, its officers, employees, agents, or other specified persons for providing information, facilities, or
assistance in accordance with the terms of an administrative subpoena issued under this section.
D. Records or other information pertaining to a subscriber to or customer of such service means name, address, local
and long distance telephone connection records, or records of session times and durations, length of service,
including start date, and types of service utilized, telephone or instrument number or other subscriber number or
identity, including any temporarily assigned network address, and means and source of payment for such service.
E. Nothing in this section shall require the disclosure of information in violation of any federal law.
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CHAPTER 555
An Act to amend and reenact § 18.2-359 of the Code of Virginia, relating to venue for certain sex crimes.
[S 915]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-359 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-359. Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted
criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with
children; venue for such crimes when coupled with a violent felony.
A. Any person transporting or attempting to transport through or across the Commonwealth any person for the
purposes of unlawful sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or prostitution, or for the
purpose of committing any crime specified in § 18.2-361 or, 18.2-370, or 18.2-370.1, or for the purposes of
committing or attempting to commit criminal sexual assault under Article 718.2-61 et seq.) of Chapter 4, may be
presented, indicted, tried, and convicted in any county or city in which any part of such transportation occurred.
B. Venue for the trial of any person charged with committing or attempting to commit any crime specified in § 18.2-
361 or, 18.2-370, or 18.2-370.1, or sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 may be had in the
county or city in which such crime is alleged to have occurred or, with the concurrence of the attorney for the
Commonwealth in the county or city in which the crime is alleged to have occurred, in any county or city through
which the victim was transported by the defendant prior to the commission of such offense.
C. Venue for the trial of any person charged with committing or attempting to commit criminal sexual assault under
Article 7 (§ 18.2-61 et seq.) of Chapter 4 against a person under 18 years of age may be had in the county or city in
which such crime is alleged to have occurred or, when the county or city where the offense is alleged to have
occurred cannot be determined, then in the county or city where the person under 18 years of age resided at the time
of the offense.
D. Venue for the trial of any person charged with committing or attempting to commit (i) any crime specified in §
18.2-361 or, 18.2-370, or 18.2-370.1, or criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 and
(ii) any violent felony as defined in § 17.1-805 or any act of violence as defined in § 19.2-297.1 arising out of the
same incident, occurrence, or transaction may be had in the county or city in which any such crime is alleged to have
occurred or, with the concurrence of the attorney for the Commonwealth in the county or city in which the crime is
alleged to have occurred, in any county or city through which the victim was transported by the defendant in the
commission of such offense.
Indecent liberties; venue. Provides that the venue provisions for taking indecent liberties with a child by a
person in a custodial or supervisory relationship will be the same as those for the crime of taking indecent
liberties with a child when there is no custodial or supervisory relationship.
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CHAPTER 632
An Act to amend and reenact §§ 19.2-244 and 19.2-247 of the Code of Virginia, relating to venue in criminal cases.
[H 1927]
Approved March 26, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-244 and 19.2-247 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-244. Venue in general.
A. Except as otherwise provided by law, the prosecution of a criminal case shall be had in the county or city in
which the offense was committed. Except as to motions for a change of venue, all other questions of venue must be
raised before verdict in cases tried by a jury and before the finding of guilty in cases tried by the court without a
jury.
B. If an offense has been committed within the Commonwealth and it cannot readily be determined within which
county or city the offense was committed, venue for the prosecution of the offense may be had in the county or city
(i) in which the defendant resides or (ii) if the defendant is not a resident of the Commonwealth, in which the
defendant is apprehended.
§ 19.2-247. Venue in certain homicide cases.
Where evidence exists that a homicide has been committed either within or without this the Commonwealth, under
circumstances which that make it unknown where such crime was committed, the offense homicide and any related
offenses shall be amenable to prosecution in the courts of the county or city where the body or any part thereof of
the victim may be found or, if the victim was removed from the Commonwealth for medical treatment prior to death
and died outside the Commonwealth, in the courts of the county or city from which the victim was removed for
medical treatment prior to death, as if the offense has been committed in such county or city. In a prosecution for
capital murder pursuant to subdivision 8 of § 18.2-31, the offense may be prosecuted in any jurisdiction in the
Commonwealth in which any one of the killings may be prosecuted.
Venue in criminal cases. Provides that if it cannot readily be determined where a crime was committed in the
Com
monwealth, venue for the prosecution of the crime may be had in any county or city (i) in which the
defendant resides or (ii) in which the defendant is apprehended if he is a nonresident. The bill also provides that
venue for offenses related to a homicide offense may be had in the same county or city as venue for the homicide
offense. The bill further provides that venue for homicide offenses may be had in any county or city where any
part of the victim's body is found.
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CHAPTER 634
An Act to amend and reenact § 19.2-70.3 of the Code of Virginia, relating to obtaining records concerning
electronic communication service or remote computing service; real-time location data.
[H 2355]
Approved March 26, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-70.3 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service.
A. A provider of electronic communication service or remote computing service, which, for purposes of
subdivisions 2 through 4, includes a foreign corporation that provides such services, shall disclose a record or other
information pertaining to a subscriber to or customer of such service, excluding the contents of electronic
communications and real-time location data, to an investigative or law-enforcement officer only pursuant to:
1. A subpoena issued by a grand jury of a court of the Commonwealth;
2. A search warrant issued by a magistrate, general district court, or circuit court;
3. A court order for such disclosure issued as provided in subsection B; or
4. The consent of the subscriber or customer to such disclosure.
B. A court shall issue an order for disclosure under this section only if the investigative or law-enforcement officer
shows that there is reason to believe the records or other information sought are relevant and material to an ongoing
criminal investigation, or the investigation of any missing child as defined in § 52-32, missing senior adult as
defined in § 52-34.4, or an incapacitated person as defined in § 64.2-2000 who meets the definition of a missing
senior adult except for the age requirement. Upon issuance of an order for disclosure under this section, the order
and any written application or statement of facts may be sealed by the court for 90 days for good cause shown upon
application of the attorney for the Commonwealth in an ex parte proceeding. The order and any written application
or statement of facts may be sealed for additional 90-day periods for good cause shown upon subsequent application
of the attorney for the Commonwealth in an ex parte proceeding. A court issuing an order pursuant to this section,
on a motion made promptly by the service provider, may quash or modify the order, if the information or records
requested are unusually voluminous in nature or compliance with such order would otherwise cause an undue
burden on such provider.
C. Except as provided in subsection D, a provider of electronic communication service or remote computing service,
including a foreign corporation that provides such services, shall disclose the contents of electronic communications
or real-time location data to an investigative or law-enforcement officer only pursuant to a search warrant issued by
a magistrate, a juvenile and domestic relations district court, a general district court, or a circuit court, based upon
complaint on oath supported by an affidavit as required in § 19.2-54, or judicial officer or court of any of the several
states of the United States or its territories, or the District of Columbia when the warrant issued by such officer or
such court complies with the provisions of subsection G. In the case of a search warrant directed to a foreign
corporation, the affidavit shall state that the complainant believes that the records requested are actually or
constructively possessed by a foreign corporation that provides electronic communication service or remote
computing service within the Commonwealth of Virginia. If satisfied that probable cause has been established for
such belief and as required by Chapter 5 (§ 19.2-52 et seq.), the magistrate, the juvenile and domestic relations
Real-time location data; search warrant. Provides that a search warrant for real-time location data shall be
issued if the judge or magistrate issuing the warrant is satisfied that probable cause has been established that the
real-time location data sought is relevant to a crime that is being committed or has been committed or that an
arrest warrant exists for the person whose real-time location data is sought.
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district court, the general district court, or the circuit court shall issue a warrant identifying those records to be
searched for and commanding the person seeking such warrant to properly serve the warrant upon the foreign
corporation. A search warrant for real-time location data shall be issued if the magistrate, the juvenile and domestic
relations district court, the general district court, or the circuit court is satisfied that probable cause has been
established that the real-time location data sought is relevant to a crime that is being committed or has been
committed or that an arrest warrant exists for the person whose real-time location data is sought.
D. A provider of electronic communication service or remote computing service, including a foreign corporation
that provides such services, shall disclose a record or other information pertaining to a subscriber to or customer of
such service, including real-time location data but excluding the contents of electronic communications, to an
investigative or law-enforcement officer pursuant to an administrative subpoena issued pursuant to § 19.2-10.2
concerning a violation of § 18.2-374.1 or 18.2-374.1:1, former § 18.2-374.1:2, or § 18.2-374.3 when the information
sought is relevant and material to an ongoing criminal investigation.
E. When disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement
officer may obtain real-time location data without a warrant in the following circumstances:
1. To respond to the user's call for emergency services;
2. With the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is
in his possession; (ii) the owner or user knows or believes that the device is in the possession of an employee or
agent of the owner or user with the owner's or user's consent; or (iii) the owner or user knows or believes that the
device has been taken by a third party without the consent of the owner or user;
3. With the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably
available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be
contacted; or
4. If the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate
danger to a person requires the disclosure, without delay, of real-time location data concerning a specific person and
that a warrant cannot be obtained in time to prevent the identified danger, and the possessor of the real-time location
data believes, in good faith, that an emergency involving danger to a person requires disclosure without delay.
No later than three business days after seeking disclosure of real-time location data pursuant to this subsection, the
investigative or law-enforcement officer seeking the information shall file with the appropriate court a written
statement setting forth the facts giving rise to the emergency and the facts as to why the person whose real-time
location data was sought is believed to be important in addressing the emergency.
F. In order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation shall be
deemed to have been made in the same place wherein the search warrant was issued.
G. A Virginia corporation or other entity that provides electronic communication services or remote computing
services to the general public, when properly served with a search warrant and affidavit in support of the warrant,
issued by a judicial officer or court of any of the several states of the United States or its territories, or the District of
Columbia with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or
customer of such service, including real-time location data, or the contents of electronic communications, or both,
shall produce the record or other information, including real-time location data, or the contents of electronic
communications as if that warrant had been issued by a Virginia court. The provisions of this subsection shall only
apply to a record or other information, including real-time location data, or contents of electronic communications
relating to the commission of a criminal offense that is substantially similar to (i) a violent felony as defined in §
17.1-805, (ii) an act of violence as defined in § 19.2-297.1, (iii) any offense for which registration is required
pursuant to § 9.1-902, (iv) computer fraud pursuant to § 18.2-152.3, or (v) identity theft pursuant to § 18.2-186.3.
The search warrant shall be enforced and executed in the Commonwealth as if it were a search warrant described in
subsection C.
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H. The provider of electronic communication service or remote computing service may verify the authenticity of the
written reports or records that it discloses pursuant to this section, excluding the contents of electronic
communications, by providing an affidavit from the custodian of those written reports or records or from a person to
whom said custodian reports certifying that they are true and complete and that they are prepared in the regular
course of business. When so authenticated, the written reports and records are admissible in evidence as a business
records exception to the hearsay rule.
I. No cause of action shall lie in any court against a provider of a wire or electronic communication service or
remote computing service or such provider's officers, employees, agents, or other specified persons for providing
information, facilities, or assistance in accordance with the terms of a court order, warrant, administrative subpoena,
or subpoena under this section or the provisions of subsection E.
J. A search warrant or administrative subpoena for the disclosure of real-time location data pursuant to this section
shall require the provider to provide ongoing disclosure of such data for a reasonable period of time, not to exceed
30 days. A court may, for good cause shown, grant one or more extensions, not to exceed 30 days each.
K. For the purposes of this section:
"Electronic device" means a device that enables access to, or use of, an electronic communication service, remote
computing service, or location information service, including a global positioning service or other mapping,
locational, or directional information service.
"Foreign corporation" means any corporation or other entity, whose primary place of business is located outside of
the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a
resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a
corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the
Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of
authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or
subpoena, which has been properly served on it, has the same legal force and effect as if served personally within
the Commonwealth.
"Properly served" means delivery of a search warrant or subpoena by hand, by United States mail, by commercial
delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the
Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has
designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.
"Real-time location data" means any data or information concerning the current location of an electronic device that,
in whole or in part, is generated, derived from, or obtained by the operation of the device.
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CHAPTER 688
An Act to amend and reenact § 18.2-370.5 of the Code of Virginia, relating to sex offenses prohibiting entry onto
school or other property; hearing. [H 1366]
Approved March 27, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-370.5 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.5. Sex offenses prohibiting entry onto school or other property; penalty.
A. Every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from
entering or being present (i) during school hours, and during school-related or school-sponsored activities upon any
property he knows or has reason to know is a public or private elementary or secondary school or child day center
property; (ii) on any school bus as defined in § 46.2-100; or (iii) upon any property, public or private, during hours
when such property is solely being used by a public or private elementary or secondary school for a school-related
or school-sponsored activity.
B. The provisions of clauses (i) and (iii) of subsection A shall not apply to such adult if (i) he is a lawfully registered
and qualified voter, and is coming upon such property solely for purposes of casting his vote; (ii) he is a student
enrolled at the school; or (iii) he has obtained a court order pursuant to subsection C allowing him to enter and be
present upon such property, has obtained the permission of the school board or of the owner of the private school or
child day center or their designee for entry within all or part of the scope of the lifted ban, and is in compliance with
such school board's, school's or center's terms and conditions and those of the court order.
C. Every adult who is prohibited from entering upon school or child day center property pursuant to subsection A
may after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the
Superintendent of Public Instruction and the chairman of the school board of the school division in which the school
is located, or (iii) the chief administrator of the school if such school is not a public school, petition the circuit court
in the county or city where the school or child day center is located for permission to enter such property. The court
shall direct that the petitioner shall cause notice of the time and place of the hearing on his petition to be published
once a week for two successive weeks in a newspaper meeting the requirements of § 8.01-324. The newspaper notice
shall contain a provision stating that written comments regarding the petition may be submitted to the clerk of court
at least five days prior to the hearing. For good cause shown, the court may issue an order permitting the petitioner
to enter and be present on such property, subject to whatever restrictions of area, reasons for being present, or time
limits the court deems appropriate.
D. A violation of this section is punishable as a Class 6 felony.
Sex offenses prohibiting entry onto school or other property; hearing. Provides that a sex offender who is
prohibited from entering upon school or child day center property who petitions the circuit court for permission
to enter such property must cause notice of the time and place of the hearing on his petition to be published once
a week for two successive weeks in a newspaper of general circulation. The newspaper notice must contain a
provision stating that written comments regarding the petition may be submitted to the clerk of court at least five
days prior to the hearing. The bill also requires that for a public school the petitioner must provide notice of his
petition to the chairman of the school board in addition to the Superintendent of Public Instruction.
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CHAPTER 690
An Act to amend and reenact §§ 9.1-902, 17.1-805, 18.2-46.1, 18.2-356, 18.2-357, 18.2-513, 19.2-215.1, and 19.2-
386.35 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-357.1,
relating to commercial sex trafficking; penalties. [H 1964]
Approved March 27, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 9.1-902, 17.1-805, 18.2-46.1, 18.2-356, 18.2-357, 18.2-513, 19.2-215.1, and 19.2-386.35 of the Code of
Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-
357.1 as follows:
§ 9.1-902. Offenses requiring registration.
A. For purposes of this chapter:
"Offense for which registration is required" includes:
1. Any offense listed in subsection B;
2. Criminal homicide;
3. Murder;
4. A sexually violent offense;
5. Any offense similar to those listed in subdivisions 1 through 4 under the laws of any foreign country or any
political subdivision thereof, the United States or any political subdivision thereof; and
6. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws
of the jurisdiction where the offender was convicted.
B. The offenses included under this subsection include any violation of, attempted violation of, or conspiracy to
violate:
1. § 18.2-63; unless registration is required pursuant to subdivision E 1; § 18.2-64.1; former § 18.2-67.2:1; § 18.2-90
with the intent to commit rape; former § 18.1-88 with the intent to commit rape; any felony violation of § 18.2-346;
any violation of subdivision (4) of § 18.2-355; any violation of subsection C of § 18.2-357.1; subsection B or C of §
Commercial sex trafficking; penalties. Creates new felonies for trafficking of persons for commercial sexual
activity. The bill provides that any person who solicits, invites, recruits, encourages, or otherwise causes or
attempts to cause a person to engage in prostitution with the intent to receive money or other valuable thing or to
assist another in receiving money or other valuable thing from the earnings of the solicited person from an act of
prostitution is guilty of a Class 5 felony. Felonies are increased if such behavior is done by an adult and the
person solicited is a minor (Class 3 felony) and if force, intimidation, or deception is used against the person
solicited (Class 4 felony). The new crime was added to the definition of violent felony for the purposes of the
sentencing guidelines, predicate criminal acts for street gangs, the Virginia Racketeer Influence and Corrupt
Organization Act, multijurisdiction grand jury, and asset forfeiture and, if a minor is solicited, the Sex Offender
Registry. The bill also amends two existing Code sections on receiving money for procuring a person for
prostitution and receiving money from the earnings of a person engaged in prostitution to increase penalties if
the crime involves a minor. This bill is identical to SB 1188.
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18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in effect from July 1, 1994, through June 30, 2007;
former clause (iv) of subsection B of § 18.2-374.3 as it was in effect on June 30, 2007; or subsection B, C, or D of §
18.2-374.3; or a third or subsequent conviction of (i) § 18.2-67.4, (ii) § 18.2-67.4:2, (iii) subsection C of § 18.2-67.5,
or (iv) § 18.2-386.1.
If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed
in this section; subsection A of § 18.2-374.1:1; or a felony under § 18.2-67.5:1.
2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10,
subsection A of § 18.2-47, clause (i) of § 18.2-48, § 18.2-67.4, subsection C of § 18.2-67.5, § 18.2-361, § 18.2-366,
or a felony violation of former § 18.1-191.
3. § 18.2-370.6.
C. "Criminal homicide" means a homicide in conjunction with a violation of, attempted violation of, or conspiracy
to violate clause (i) of § 18.2-371 or § 18.2-371.1, when the offenses arise out of the same incident.
D. "Murder" means a violation of, attempted violation of, or conspiracy to violate § 18.2-31 or § 18.2-32 where the
victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and
the murder is related to an offense listed in this section or a violation of former § 18.1-21 where the victim is (a)
under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense
listed in this section.
E. "Sexually violent offense" means a violation of, attempted violation of, or conspiracy to violate:
1. Clause (ii) and (iii) of § 18.2-48, former § 18.1-38 with the intent to defile or, for the purpose of concubinage or
prostitution, a felony violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such
an abduction, § 18.2-61, former § 18.1-44 when such act is accomplished against the complaining witness's will, by
force, or through the use of the complaining witness's mental incapacity or physical helplessness, or if the victim is
under 13 years of age, subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim,
§ 18.2-67.1, § 18.2-67.2, § 18.2-67.3, former § 18.1-215 when the complaining witness is under 13 years of age, §
18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and
B of § 18.2-67.5, § 18.2-370, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, or § 18.2-370.1, or
§ 18.2-374.1; or
2. § 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape or, where the victim is a
minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, §
18.2-67.4, subsection C of § 18.2-67.5, clause (i) of § 18.2-48, § 18.2-361, § 18.2-366, or subsection C of § 18.2-
374.1:1. An offense listed under this subdivision shall be deemed a sexually violent offense only if the person has
been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty
between such convictions or adjudications;
3. If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense
listed in this section. An offense listed under this subdivision shall be deemed a sexually violent offense only if the
person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had
been at liberty between such convictions or adjudications; or
4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in §
1591 of Title 18, U.S.C.).
F. "Any offense listed in subsection B," "criminal homicide" as defined in this section, "murder" as defined in this
section, and "sexually violent offense" as defined in this section includes (i) any similar offense under the laws of
any foreign country or any political subdivision thereof, the United States or any political subdivision thereof or (ii)
86
any offense for which registration in a sex offender and crimes against minors registry is required under the laws of
the jurisdiction where the offender was convicted.
G. Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over
the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1,
2005, of any offense for which registration is required, the court may, in its discretion and upon motion of the
attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making
its determination, the court shall consider all of the following factors that are relevant to the case: (i) the degree to
which the delinquent act was committed with the use of force, threat or intimidation, (ii) the age and maturity of the
complaining witness, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining
witness and the offender, (v) the nature of the relationship between the complaining witness and the offender, (vi)
the offender's prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. The
attorney for the Commonwealth may file such a motion at any time during which the offender is within the
jurisdiction of the court for the offense that is the basis for such motion. Prior to any hearing on such motion, the
court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been
retained and appears on behalf of the offender or counsel has already been appointed.
H. Prior to entering judgment of conviction of an offense for which registration is required if the victim of the
offense was a minor, physically helpless, or mentally incapacitated, when the indictment, warrant, or information
does not allege that the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court
shall determine by a preponderance of the evidence whether the victim of the offense was a minor, physically
helpless, or mentally incapacitated, as defined in § 18.2-67.10, and shall also determine the age of the victim at the
time of the offense if it determines the victim to be a minor. When such a determination is required, the court shall
advise the defendant of its determination and of the defendant's right to make a motion to withdraw a plea of guilty
or nolo contendere pursuant to § 19.2-296. If the court grants the defendant's motion to withdraw his plea of guilty
or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise. Failure to make
such determination or so advise the defendant does not otherwise invalidate the underlying conviction.
§ 17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become
effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined
first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction
offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through
1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The
midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles
and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in
violation of § 18.2-61, forcible sodomy, object sexual penetration, and aggravated sexual battery, shall be further
increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense;
(ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable
by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously
been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that
the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a
violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment
for life;
2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated
malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling
house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while
armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no
previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been
convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii)
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500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by
a maximum term of imprisonment of 40 years or more;
3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving or distributing, or
possessing with the intent to manufacture, sell, give or distribute a Schedule I or II controlled substance shall be
increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony
offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the
defendant has previously been convicted of a violent felony offense punishable by a maximum term of
imprisonment of 40 years or more; and
4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or
3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony
offense punishable by a maximum punishment of less than 40 years, and by 300 percent in cases in which the
defendant has previously been convicted of a violent felony offense punishable by a maximum term of
imprisonment of 40 years or more.
B. For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions
and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if
committed by an adult under the laws of any state, the District of Columbia, the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall include any felony violation of § 16.1-253.2;
solicitation to commit murder under § 18.2-29; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, or
18.2-35; any violation of subsection B of § 18.2-36.1; any violation of § 18.2-40 or 18.2-41; any violation of clause
(c)(i) or (ii) of subsection B of § 18.2-46.3; any violation of § 18.2-46.5, 18.2-46.6, or 18.2-46.7; any Class 5 felony
violation of § 18.2-47; any felony violation of § 18.2-48, 18.2-48.1, or 18.2-49; any violation of § 18.2-51, 18.2-
51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or
18.2-55; any violation of subsection B of § 18.2-57; any felony violation of § 18.2-57.2; any violation of § 18.2-58
or 18.2-58.1; any felony violation of § 18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of § 18.2-61, 18.2-64.1,
18.2-67.1, 18.2-67.2, former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a third conviction of
either sexual battery in violation of § 18.2-67.4 or attempted sexual battery in violation of subsection C of § 18.2-
67.5; any Class 4 felony violation of § 18.2-63; any violation of subsection A of § 18.2-67.4:1; any violation of
subsection A of § 18.2-77; any Class 3 felony violation of § 18.2-79; any Class 3 felony violation of § 18.2-80; any
violation of § 18.2-85, 18.2-89, 18.2-90, 18.2-91, 18.2-92, or 18.2-93; any felony violation of § 18.2-152.7; any
Class 4 felony violation of § 18.2-153; any Class 4 felony violation of § 18.2-154; any Class 4 felony violation of §
18.2-155; any felony violation of § 18.2-162; any violation of § 18.2-279 involving an occupied dwelling; any
felony violation of subsection A or B of § 18.2-280; any violation of § 18.2-281; any felony violation of subsection
A of § 18.2-282; any felony violation of § 18.2-282.1; any violation of § 18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-
290; any violation of subsection A of § 18.2-300; any felony violation of subsection C of § 18.2-308.1 or 18.2-
308.2; any violation of § 18.2-308.2:1 or subsection M or N of § 18.2-308.2:2; any violation of § 18.2-308.3 or 18.2-
312; any violation of subdivision (2) or (3) of § 18.2-355; any violation of § 18.2-357.1; any violation of former §
18.2-358; any violation of subsection B of § 18.2-361; any violation of subsection B of § 18.2-366; any violation of
§ 18.2-368, 18.2-370, or 18.2-370.1; any violation of subsection A of § 18.2-371.1; any felony violation of § 18.2-
369 resulting in serious bodily injury or disease; any violation of § 18.2-374.1; any felony violation of § 18.2-
374.1:1; any violation of § 18.2-374.3 or 18.2-374.4; any second or subsequent offense under §§ 18.2-379 and 18.2-
381; any felony violation of § 18.2-405 or 18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423,
18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; any felony violation of § 18.2-460, 18.2-474.1, or 18.2-477.1;
any violation of § 18.2-477, 18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of § 37.2-917; any violation of
§ 52-48; any violation of § 53.1-203; or any conspiracy or attempt to commit any offense specified in this
subsection, and any substantially similar offense under the laws of any state, the District of Columbia, the United
States or its territories.
§ 18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
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"Act of violence" means those felony offenses described in subsection A of § 19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether
formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more
criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members
individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or
solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts
were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of violence; (ii) any violation of § 18.2-31, 18.2-42, 18.2-46.3, 18.2-51,
18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-
57.2, 18.2-59, 18.2-83, 18.2-89, 18.2-90, 18.2-95, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138,
18.2-146, 18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-279, 18.2-282.1, 18.2-286.1, 18.2-287.4,
18.2-289, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-308.4, 18.2-355, 18.2-356, or 18.2-357, or 18.2-
357.1; (iii) a felony violation of § 18.2-60.3; (iv) a felony violation of § 18.2-248 or of 18.2-248.1 or a conspiracy to
commit a felony violation of § 18.2-248 or 18.2-248.1; (v) any violation of a local ordinance adopted pursuant to §
15.2-1812.2; or (vi) any substantially similar offense under the laws of another state or territory of the United States,
the District of Columbia, or the United States.
Article 3.
Sexual Offenses, Commercial Sex Trafficking, Prostitution, etc.
§ 18.2-356. Receiving money for procuring person; penalties.
Any person who receives any money or other valuable thing for or on account of (i) procuring for or placing in a
house of prostitution or elsewhere any person for the purpose of causing such person to engage in unlawful sexual
intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act in violation of § 18.2-361 or (ii) causing
any person to engage in forced labor or services, concubinage, prostitution, or the manufacture of any obscene
material or child pornography is guilty of a Class 4 felony. Any person who violates clause (i) or (ii) with a person
under the age of 18 is guilty of a Class 3 felony.
§ 18.2-357. Receiving money from earnings of male or female prostitute; penalties.
Any person who shall knowingly receive any money or other valuable thing from the earnings of any male or female
engaged in prostitution, except for a consideration deemed good and valuable in law, shall be guilty of pandering,
punishable as a Class 4 felony. Any person who violates this section by receiving money or other valuable thing
from a person under the age of 18 is guilty of a Class 3 felony.
§ 18.2-357.1. Commercial sex trafficking; penalties.
A. Any person who, with the intent to receive money or other valuable thing or to assist another in receiving money
or other valuable thing from the earnings of a person from prostitution or unlawful sexual intercourse in violation of
subsection A of § 18.2-346, solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a person
to violate subsection A of § 18.2-346 is guilty of a Class 5 felony.
B. Any person who violates subsection A through the use of force, intimidation, or deception is guilty of a Class 4
felony.
C. Any adult who violates subsection A with a person under the age of 18 is guilty of a Class 3 felony.
§ 18.2-513. Definitions.
As used in this chapter, the term:
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"Criminal street gang" shall be as defined in § 18.2-46.1.
"Enterprise" includes any of the following: sole proprietorship, partnership, corporation, business trust, criminal
street gang; or other group of three or more individuals associated for the purpose of criminal activity.
"Proceeds" shall be as defined in § 18.2-246.2.
"Racketeering activity" means to commit, attempt to commit, conspire to commit, or to solicit, coerce, or intimidate
another person to commit two or more of the following offenses: Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4 of this
title, § 18.2-460; a felony offense of §§ 3.2-4212, 3.2-4219, 10.1-1455, 18.2-31, 18.2-32, 18.2-32.1, 18.2-33, 18.2-
35, Article 2.2 (§ 18.2-46.4 et seq.) of Chapter 4 of this title, §§ 18.2-47, 18.2-48, 18.2-48.1, 18.2-49, 18.2-51, 18.2-
51.2, 18.2-52, 18.2-53, 18.2-55, 18.2-58, 18.2-59, 18.2-77, 18.2-79, 18.2-80, 18.2-89, 18.2-90, 18.2-91, 18.2-92,
18.2-93, 18.2-95, Article 4 (§ 18.2-111 et seq.) of Chapter 5 of this title, Article 118.2-168 et seq.) of Chapter 6
of this title, §§ 18.2-178, 18.2-186, Article 6 (§ 18.2-191 et seq.) of Chapter 6 of this title, Article 9 (§ 18.2-246.1 et
seq.) of Chapter 6 of this title, § 18.2-246.13, Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title, §§ 18.2-279,
18.2-286.1, 18.2-289, 18.2-300, 18.2-308.2, 18.2-308.2:1, 18.2-328, 18.2-348, 18.2-355, 18.2-356, 18.2-357, 18.2-
357.1, 18.2-368, 18.2-369, 18.2-374.1, Article 8 (§ 18.2-433.1 et seq.) of Chapter 9 of this title, Article 1 (§ 18.2-
434 et seq.) of Chapter 10 of this title, Article 2 (§ 18.2-438 et seq.) of Chapter 10 of this title, Article 3 (§ 18.2-446
et seq.) of Chapter 10 of this title, Article 1.1 (§ 18.2-498.1 et seq.) of Chapter 12 of this title, § 3.2-6571, 18.2-516,
32.1-314, 58.1-1008.2, 58.1-1017, or 58.1-1017.1; or any substantially similar offenses under the laws of any other
state, the District of Columbia, the United States or its territories.
§ 19.2-215.1. Functions of a multijurisdiction grand jury.
The functions of a multijurisdiction grand jury are:
1. To investigate any condition that involves or tends to promote criminal violations of:
a. Title 10.1 for which punishment as a felony is authorized;
b. § 13.1-520;
c. §§ 18.2-47 and 18.2-48;
d. §§ 18.2-111 and 18.2-112;
e. Article 6 (§ 18.2-59 et seq.) of Chapter 4 of Title 18.2;
f. Article 7.118.2-152.1 et seq.) of Chapter 5 of Title 18.2;
g. Article 1 (§ 18.2-247 et seq.) and Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2;
h. Article 118.2-325 et seq.) and Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, Chapter 29 (§
59.1-364 et seq.) of Title 59.1 or any other provision prohibiting, limiting, regulating, or otherwise affecting gaming
or gambling activity;
i. § 18.2-434, when violations occur before a multijurisdiction grand jury;
j. Article 2 (§ 18.2-438 et seq.) and Article 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2;
k. § 18.2-460 for which punishment as a felony is authorized;
l. Article 1.1 (§ 18.2-498.1 et seq.) of Chapter 12 of Title 18.2;
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m. Article 1 (§ 32.1-310 et seq.) of Chapter 9 of Title 32.1;
n. Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1;
o. Article 9 (§ 3.2-6570 et seq.) of Chapter 65 of Title 3.2;
p. Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;
q. Article 2.1 (§ 18.2-46.1 et seq.) and Article 2.2 (§ 18.2-46.4 et seq.) of Chapter 4 of Title 18.2;
r. Article 5 (§ 18.2-186 et seq.) and Article 6 (§ 18.2-191 et seq.) of Chapter 6 of Title 18.2;
s. Chapter 6.1 (§ 59.1-92.1 et seq.) of Title 59.1;
t. § 18.2-178 where the violation involves insurance fraud;
u. § 18.2-346 for which punishment as a felony is authorized or § 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1;
v. Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2;
w. Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2;
x. Malicious felonious assault and malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of
Title 18.2;
y. Article 5 (§ 18.2-58 et seq.) of Chapter 4 of Title 18.2;
z. Felonious sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
aa. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-
79;
bb. Chapter 13 (§ 18.2-512 et seq.) of Title 18.2;
cc. § 18.2-246.14 and Chapter 10 (§ 58.1-1000 et seq.) of Title 58.1; and
dd. Any other provision of law when such condition is discovered in the course of an investigation that a
multijurisdiction grand jury is otherwise authorized to undertake and to investigate any condition that involves or
tends to promote any attempt, solicitation or conspiracy to violate the laws enumerated in this section.
2. To report evidence of any criminal offense enumerated in subdivision 1 and for which a court reporter has
recorded all oral testimony as provided by § 19.2-215.9 to the attorney for the Commonwealth or United States
attorney of any jurisdiction where such offense could be prosecuted or investigated, or to the chief law-enforcement
officer of any jurisdiction where such offense could be prosecuted or investigated, or to a sworn investigator
designated pursuant to § 19.2-215.6, or, when appropriate, to the Attorney General.
3. To consider bills of indictment prepared by a special counsel to determine whether there is sufficient probable
cause to return each such indictment as a "true bill." Only bills of indictment which allege an offense enumerated in
subdivision 1 may be submitted to a multijurisdiction grand jury.
4. The provisions of this section shall not abrogate the authority of an attorney for the Commonwealth in a particular
jurisdiction to determine the course of a prosecution in that jurisdiction.
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§ 19.2-386.35. Seizure of property used in connection with certain offenses.
All money, equipment, motor vehicles, and other personal and real property of any kind or character together with
any interest or profits derived from the investment of such proceeds or other property that (i) was used in connection
with the commission of, or in an attempt to commit, a violation of subsection B of § 18.2-47, § 18.2-48 or 18.2-59,
subsection B of § 18.2-346, or § 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, 40.1-29,
40.1-100.2, or 40.1-103; (ii) is traceable to the proceeds of some form of activity that violates subsection B of §
18.2-47, § 18.2-48 or 18.2-59, subsection B of § 18.2-346, or § 18.2-347, 18.2-348, 18.2-349, 18.2-355, 18.2-356,
18.2-357, 40.1-29, 40.1-100.2, or 40.1-103; or (iii) was used to or intended to be used to promote some form of
activity that violates subsection B of § 18.2-47, § 18.2-48 or 18.2-59, subsection B of § 18.2-346, or § 18.2-347,
18.2-348, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 40.1-29, 40.1-100.2, or 40.1-103 is subject to lawful seizure by a
law-enforcement officer and subject to forfeiture to the Commonwealth pursuant to Chapter 22.1 (§ 19.2-386.1 et
seq.). Any forfeiture action under this section shall be stayed until conviction, and property eligible for forfeiture
pursuant to this section shall be forfeited only upon the entry of a final judgment of conviction for an offense listed
in this section; if no such judgment is entered, all property seized pursuant to this section shall be released from
seizure.
Real property shall not be subject to seizure unless the minimum prescribed punishment for the violation is a term of
imprisonment of not less than five years.
All seizures and forfeitures under this section shall be governed by Chapter 22.1 (§ 19.2-386.1 et seq.), and the
procedures specified therein shall apply, mutatis mutandis, to all forfeitures under this section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment
in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires
the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-
19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the
custody of the Department of Juvenile Justice.
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CHAPTER 707
An Act to amend and reenact § 23-234 of the Code of Virginia, relating to campus police departments; memoranda
of understanding; sexual assaults; reporting to local attorney for the Commonwealth.
[H 1785]
Approved March 27, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 23-234 of the Code of Virginia is amended and reenacted as follows:
§ 23-234. Powers and duties; jurisdiction; mutual aid agreements; memoranda of understanding.
A. A campus police officer appointed as provided in § 23-233 or appointed and activated pursuant to § 23-233.1
may exercise the powers and duties conferred by law upon police officers of cities, towns, or counties, and shall be
so deemed, including but not limited to the provisions of Chapters 5 (§ 19.2-52 et seq.), 7 (§ 19.2-71 et seq.), and 23
19.2-387 et seq.) of Title 19.2, (i) upon any property owned or controlled by the relevant public or private
institution of higher education, or, upon request, any property owned or controlled by another public or private
institution of higher education and upon the streets, sidewalks, and highways, immediately adjacent thereto, (ii)
pursuant to a mutual aid agreement provided for in § 15.2-1727 between the governing board of a public or private
institution and such other institution of higher education, public or private, in the Commonwealth or adjacent
political subdivisions, (iii) in close pursuit of a person as provided in § 19.2-77, and (iv) upon approval by the
appropriate circuit court of a petition by the local governing body for concurrent jurisdiction in designated areas
with the police officers of the county, city, or town in which the institution, its satellite campuses, or other properties
are located. The local governing body may petition the circuit court pursuant only to a request by the local law-
enforcement agency for concurrent jurisdiction.
B. All public or private institutions of higher education that have campus police forces established in accordance
with the provisions of this chapter shall enter in into and become a party to mutual aid agreements with one or more
of the following: (i) an adjacent local law-enforcement agency or (ii) the Department of State Police, for the use of
their joint forces, both regular and auxiliary, equipment, and materials when needed in the investigation of any
felony criminal sexual assault or medically unattended death occurring on property owned or controlled by the
institution of higher education or any death resulting from an incident occurring on such property. Such mutual aid
agreements shall include provisions requiring either the campus police force or the agency with which it has
established a mutual aid agreement pursuant to this subsection, in the event that such police force or agency
conducts an investigation that involves a felony criminal sexual assault as set forth in Article 7 (§ 18.2-61 et seq.) of
Chapter 4 of Title 18.2 occurring on campus, in or on a noncampus building or property, or on public property, to
notify the local attorney for the Commonwealth of such investigation within 48 hours of beginning such
investigation. Such notification shall not require a campus police force or the agency with which it has established a
mutual aid agreement to disclose identifying information about the victim. The provisions of this section shall not
prohibit a campus police force from requesting assistance from any appropriate law-enforcement agency of the
Commonwealth, even though a mutual aid agreement has not been executed with that agency.
C. All public or private institutions of higher education that (i) do not have campus police forces established in
accordance with the provisions of this chapter and (ii) have security departments, rely on municipal, county, or state
police forces, or contract for security services from private parties pursuant to § 23-238 shall enter into and become
Campus police departments; sexual assault reporting. Requires that mutual aid agreements between a
campus police force and a law-enforcement agency contain provisions requiring either the campus police force
or the agency with which it has established a mutual aid agreement to notify the local attorney for the
Commonwealth within 48 hours of beginning any investigation involving felony criminal sexual assault
occurring on campus property or other property related to the institution of higher education. The bill also
requires institutions of higher education that have security departments instead of campus police forces to enter
into a memorandum of understanding with a law-enforcement agency and such memorandum of understanding
shall contain similar provisions requiring reports to the local attorney for the Commonwealth.
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a party to a memorandum of understanding with an adjacent local law-enforcement agency or the Department of
State Police (the Department) to require either such local law-enforcement agency or the Department, in the event
that such agency or the Department conducts an investigation that involves a felony criminal sexual assault as set
forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 occurring on campus, in or on a noncampus building
or property, or on public property, to notify the local attorney for the Commonwealth of such investigation within 48
hours of beginning such investigation. Such notification shall not require the law-enforcement agency or the
Department to disclose identifying information about the victim.
D. For purposes of this section:
"Campus" means (i) any building or property owned or controlled by an institution of higher education located
within the same reasonably contiguous geographic area of the institution and used by the institution in direct
support of, or in a manner related to, the institution's educational purposes, including residence halls, and (ii) any
building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the
institution but controlled by another person, is frequently used by students, and supports institutional purposes, such
as a food or other retail vendor.
"Noncampus building or property" means (i) any building or property owned or controlled by a student
organization that is officially recognized by an institution of higher education or (ii) any building or property owned
or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's
educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic
area of the institution.
"Public property" means all public property, including thoroughfares, streets, sidewalks, and parking facilities, that
is within the campus, or immediately adjacent to and accessible from the campus.
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CHAPTER 725
An Act to amend and reenact §§ 8.01-225 and 54.1-3408 of the Code of Virginia, relating to prescription,
distribution, and administration of naloxone or other opioid antagonist.
[H 1458]
Approved April 15, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-225 and 54.1-3408 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-225. Persons rendering emergency care, obstetrical services exempt from liability.
A. Any person who:
1. In good faith, renders emergency care or assistance, without compensation, to any ill or injured person (i) at the
scene of an accident, fire, or any life-threatening emergency; (ii) at a location for screening or stabilization of an
emergency medical condition arising from an accident, fire, or any life-threatening emergency; or (iii) en route to
any hospital, medical clinic, or doctor's office, shall not be liable for any civil damages for acts or omissions
resulting from the rendering of such care or assistance.
2. In the absence of gross negligence, renders emergency obstetrical care or assistance to a female in active labor
who has not previously been cared for in connection with the pregnancy by such person or by another professionally
associated with such person and whose medical records are not reasonably available to such person shall not be
liable for any civil damages for acts or omissions resulting from the rendering of such emergency care or assistance.
The immunity herein granted shall apply only to the emergency medical care provided.
3. In good faith and without compensation, including any emergency medical services technician certified by the
Board of Health, administers epinephrine in an emergency to an individual shall not be liable for any civil damages
for ordinary negligence in acts or omissions resulting from the rendering of such treatment if such person has reason
to believe that the individual receiving the injection is suffering or is about to suffer a life-threatening anaphylactic
reaction.
4. Provides assistance upon request of any police agency, fire department, rescue or emergency squad, or
governmental agency in the event of an accident or other emergency involving the use, handling, transportation,
transmission, or storage of liquefied petroleum gas, liquefied natural gas, hazardous material, or hazardous waste as
defined in § 10.1-1400 or regulations of the Virginia Waste Management Board shall not be liable for any civil
damages resulting from any act of commission or omission on his part in the course of his rendering such assistance
in good faith.
Naloxone; administration in cases of opiate overdose. Provides that a pharmacist may dispense naloxone or
other opioid antagonist used for overdose reversal pursuant to an oral, written, or standing order issued by a
prescriber and in accordance with protocols developed by the Board of Pharmacy in consultation with the Board
of Medicine and the Department of Health, that a person may possess and administer naloxone or other opioid
antagonist used for overdose reversal to a person who is believed to be experiencing or about to experience a
life-threatening opiate overdose, and that firefighters and law-enforcement officers who have completed a
training program may possess and administer naloxone in accordance with protocols developed by the Board of
Pharmacy in consultation with the Board of Medicine and the Department of Health. The bill also provides that a
person who in good faith prescribes, dispenses, or administers naloxone or other opioid antagonist used for
overdose reversal in an emergency to an individual who is believed to be experiencing or about to experience a
life-threatening opioid overdose shall not be liable for any civil damages for ordinary negligence in acts or
omissions resulting from the rendering of such treatment if acting in accordance with the provisions of § 54.1-
3408 or in his role as a member of an emergency medical services agency. The bill contains an emergency
clause. This bill is identical to HB 1833 and SB 1186.
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5. Is an emergency medical care attendant or technician possessing a valid certificate issued by authority of the State
Board of Health who in good faith renders emergency care or assistance, whether in person or by telephone or other
means of communication, without compensation, to any injured or ill person, whether at the scene of an accident,
fire, or any other place, or while transporting such injured or ill person to, from, or between any hospital, medical
facility, medical clinic, doctor's office, or other similar or related medical facility, shall not be liable for any civil
damages for acts or omissions resulting from the rendering of such emergency care, treatment, or assistance,
including but in no way limited to acts or omissions which involve violations of State Department of Health
regulations or any other state regulations in the rendering of such emergency care or assistance.
6. In good faith and without compensation, renders or administers emergency cardiopulmonary resuscitation (CPR);
cardiac defibrillation, including, but not limited to, the use of an automated external defibrillator (AED); or other
emergency life-sustaining or resuscitative treatments or procedures which have been approved by the State Board of
Health to any sick or injured person, whether at the scene of a fire, an accident, or any other place, or while
transporting such person to or from any hospital, clinic, doctor's office, or other medical facility, shall be deemed
qualified to administer such emergency treatments and procedures and shall not be liable for acts or omissions
resulting from the rendering of such emergency resuscitative treatments or procedures.
7. Operates an AED at the scene of an emergency, trains individuals to be operators of AEDs, or orders AEDs, shall
be immune from civil liability for any personal injury that results from any act or omission in the use of an AED in
an emergency where the person performing the defibrillation acts as an ordinary, reasonably prudent person would
have acted under the same or similar circumstances, unless such personal injury results from gross negligence or
willful or wanton misconduct of the person rendering such emergency care.
8. Maintains an AED located on real property owned or controlled by such person shall be immune from civil
liability for any personal injury that results from any act or omission in the use in an emergency of an AED located
on such property unless such personal injury results from gross negligence or willful or wanton misconduct of the
person who maintains the AED or his agent or employee.
9. Is an employee of a school board or of a local health department approved by the local governing body to provide
health services pursuant to § 22.1-274 who, while on school property or at a school-sponsored event, (i) renders
emergency care or assistance to any sick or injured person; (ii) renders or administers emergency cardiopulmonary
resuscitation (CPR); cardiac defibrillation, including, but not limited to, the use of an automated external
defibrillator (AED); or other emergency life-sustaining or resuscitative treatments or procedures that have been
approved by the State Board of Health to any sick or injured person; (iii) operates an AED, trains individuals to be
operators of AEDs, or orders AEDs; or (iv) maintains an AED, shall not be liable for civil damages for ordinary
negligence in acts or omissions on the part of such employee while engaged in the acts described in this subdivision.
10. Is a volunteer in good standing and certified to render emergency care by the National Ski Patrol System, Inc.,
who, in good faith and without compensation, renders emergency care or assistance to any injured or ill person,
whether at the scene of a ski resort rescue, outdoor emergency rescue, or any other place or while transporting such
injured or ill person to a place accessible for transfer to any available emergency medical system unit, or any resort
owner voluntarily providing a ski patroller employed by him to engage in rescue or recovery work at a resort not
owned or operated by him, shall not be liable for any civil damages for acts or omissions resulting from the
rendering of such emergency care, treatment, or assistance, including but not limited to acts or omissions which
involve violations of any state regulation or any standard of the National Ski Patrol System, Inc., in the rendering of
such emergency care or assistance, unless such act or omission was the result of gross negligence or willful
misconduct.
11. Is an employee of a school board, authorized by a prescriber and trained in the administration of insulin and
glucagon, who, upon the written request of the parents as defined in § 22.1-1, assists with the administration of
insulin or administers glucagon to a student diagnosed as having diabetes who requires insulin injections during the
school day or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia shall not be
liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such
treatment if the insulin is administered according to the child's medication schedule or such employee has reason to
believe that the individual receiving the glucagon is suffering or is about to suffer life-threatening hypoglycemia.
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Whenever any employee of a school board is covered by the immunity granted herein, the school board employing
him shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the
rendering of such insulin or glucagon treatment.
12. Is a school nurse, an employee of a school board, an employee of a local governing body, or an employee of a
local health department who is authorized by a prescriber and trained in the administration of epinephrine and who
provides, administers, or assists in the administration of epinephrine to a student believed in good faith to be having
an anaphylactic reaction, or is the prescriber of the epinephrine, shall not be liable for any civil damages for ordinary
negligence in acts or omissions resulting from the rendering of such treatment.
13. Is an employee of a provider licensed by the Department of Behavioral Health and Developmental Services, or
provides services pursuant to a contract with a provider licensed by the Department of Behavioral Health and
Developmental Services, who has been trained in the administration of insulin and glucagon and who administers or
assists with the administration of insulin or administers glucagon to a person diagnosed as having diabetes who
requires insulin injections or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia
in accordance with § 54.1-3408 shall not be liable for any civil damages for ordinary negligence in acts or omissions
resulting from the rendering of such treatment if the insulin is administered in accordance with the prescriber's
instructions or such person has reason to believe that the individual receiving the glucagon is suffering or is about to
suffer life-threatening hypoglycemia. Whenever any employee of a provider licensed by the Department of
Behavioral Health and Developmental Services or a person who provides services pursuant to a contract with a
provider licensed by the Department of Behavioral Health and Developmental Services is covered by the immunity
granted herein, the provider shall not be liable for any civil damages for ordinary negligence in acts or omissions
resulting from the rendering of such insulin or glucagon treatment.
14. Is an employee of a provider licensed by the Department of Behavioral Health and Developmental Services, or
provides services pursuant to a contract with a provider licensed by the Department of Behavioral Health and
Developmental Services, who has been trained in the administration of epinephrine and who administers or assists in
the administration of epinephrine to a person believed in good faith to be having an anaphylactic reaction in
accordance with the prescriber's instructions shall not be liable for any civil damages for ordinary negligence in acts
or omissions resulting from the rendering of such treatment.
15. In good faith and without compensation, prescribes, dispenses, or administers naloxone or other opioid
antagonist used for overdose reversal in an emergency to an individual who is believed to be experiencing or is
about to experience a life-threatening opiate overdose shall not be liable for any civil damages for ordinary
negligence in acts or omissions resulting from the rendering of such treatment if such administering person is a
participant in a pilot program conducted by the Department of Behavioral Health and Developmental Services on
the administration of naloxone for the purpose of counteracting the effects of opiate overdose acting in accordance
with the provisions of subsection X of § 54.1-3408 or in his role as a member of an emergency medical services
agency.
B. Any licensed physician serving without compensation as the operational medical director for a licensed
emergency medical services agency in the Commonwealth shall not be liable for any civil damages for any act or
omission resulting from the rendering of emergency medical services in good faith by the personnel of such licensed
agency unless such act or omission was the result of such physician's gross negligence or willful misconduct.
Any person serving without compensation as a dispatcher for any licensed public or nonprofit emergency services
agency in the Commonwealth shall not be liable for any civil damages for any act or omission resulting from the
rendering of emergency services in good faith by the personnel of such licensed agency unless such act or omission
was the result of such dispatcher's gross negligence or willful misconduct.
Any individual, certified by the State Office of Emergency Medical Services as an emergency medical services
instructor and pursuant to a written agreement with such office, who, in good faith and in the performance of his
duties, provides instruction to persons for certification or recertification as a certified basic life support or advanced
life support emergency medical services technician shall not be liable for any civil damages for acts or omissions on
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his part directly relating to his activities on behalf of such office unless such act or omission was the result of such
emergency medical services instructor's gross negligence or willful misconduct.
Any licensed physician serving without compensation as a medical advisor to an E-911 system in the
Commonwealth shall not be liable for any civil damages for any act or omission resulting from rendering medical
advice in good faith to establish protocols to be used by the personnel of the E-911 service, as defined in § 58.1-
1730, when answering emergency calls unless such act or omission was the result of such physician's gross
negligence or willful misconduct.
Any licensed physician who directs the provision of emergency medical services, as authorized by the State Board
of Health, through a communications device shall not be liable for any civil damages for any act or omission
resulting from the rendering of such emergency medical services unless such act or omission was the result of such
physician's gross negligence or willful misconduct.
Any licensed physician serving without compensation as a supervisor of an AED in the Commonwealth shall not be
liable for any civil damages for any act or omission resulting from rendering medical advice in good faith to the
owner of the AED relating to personnel training, local emergency medical services coordination, protocol approval,
AED deployment strategies, and equipment maintenance plans and records unless such act or omission was the
result of such physician's gross negligence or willful misconduct.
C. Any communications services provider, as defined in § 58.1-647, including mobile service, and any provider of
Voice-over-Internet Protocol service, in the Commonwealth shall not be liable for any civil damages for any act or
omission resulting from rendering such service with or without charge related to emergency calls unless such act or
omission was the result of such service provider's gross negligence or willful misconduct.
Any volunteer engaging in rescue or recovery work at a mine, or any mine operator voluntarily providing personnel
to engage in rescue or recovery work at a mine not owned or operated by such operator, shall not be liable for civil
damages for acts or omissions resulting from the rendering of such rescue or recovery work in good faith unless
such act or omission was the result of gross negligence or willful misconduct. For purposes of this subsection, the
term "Voice-over-Internet Protocol service" or "VoIP service" means any Internet protocol-enabled services
utilizing a broadband connection, actually originating or terminating in Internet Protocol from either or both ends of
a channel of communication offering real time, multidirectional voice functionality, including, but not limited to,
services similar to traditional telephone service.
D. Nothing contained in this section shall be construed to provide immunity from liability arising out of the
operation of a motor vehicle.
E. [Expired.]
F. For the purposes of this section, the term "compensation" shall not be construed to include (i) the salaries of
police, fire, or other public officials or personnel who render such emergency assistance, (ii) the salaries or wages of
employees of a coal producer engaging in emergency medical technician service or first aid service pursuant to the
provisions of § 45.1-161.38, 45.1-161.101, 45.1-161.199, or 45.1-161.263, (iii) complimentary lift tickets, food,
lodging, or other gifts provided as a gratuity to volunteer members of the National Ski Patrol System, Inc., by any
resort, group, or agency, (iv) the salary of any person who (a) owns an AED for the use at the scene of an
emergency, (b) trains individuals, in courses approved by the Board of Health, to operate AEDs at the scene of
emergencies, (c) orders AEDs for use at the scene of emergencies, or (d) operates an AED at the scene of an
emergency, or (v) expenses reimbursed to any person providing care or assistance pursuant to this section.
For the purposes of this section, an emergency medical care attendant or technician shall be deemed to include a
person licensed or certified as such or its equivalent by any other state when he is performing services which he is
licensed or certified to perform by such other state in caring for a patient in transit in the Commonwealth, which care
originated in such other state.
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Further, the public shall be urged to receive training on how to use CPR and an AED in order to acquire the skills
and confidence to respond to emergencies using both CPR and an AED.
§ 54.1-3408. Professional use by practitioners.
A. A practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine or a licensed nurse practitioner
pursuant to § 54.1-2957.01, a licensed physician assistant pursuant to § 54.1-2952.1, or a TPA-certified optometrist
pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 shall only prescribe, dispense, or administer controlled
substances in good faith for medicinal or therapeutic purposes within the course of his professional practice.
B. The prescribing practitioner's order may be on a written prescription or pursuant to an oral prescription as
authorized by this chapter. The prescriber may administer drugs and devices, or he may cause drugs or devices to be
administered by:
1. A nurse, physician assistant, or intern under his direction and supervision;
2. Persons trained to administer drugs and devices to patients in state-owned or state-operated hospitals or facilities
licensed as hospitals by the Board of Health or psychiatric hospitals licensed by the Department of Behavioral
Health and Developmental Services who administer drugs under the control and supervision of the prescriber or a
pharmacist;
3. Emergency medical services personnel certified and authorized to administer drugs and devices pursuant to
regulations of the Board of Health who act within the scope of such certification and pursuant to an oral or written
order or standing protocol; or
4. A licensed respiratory care practitioner as defined in § 54.1-2954 who administers by inhalation controlled
substances used in inhalation or respiratory therapy.
C. Pursuant to an oral or written order or standing protocol, the prescriber, who is authorized by state or federal law
to possess and administer radiopharmaceuticals in the scope of his practice, may authorize a nuclear medicine
technologist to administer, under his supervision, radiopharmaceuticals used in the diagnosis or treatment of disease.
D. Pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his
professional practice, such prescriber may authorize registered nurses and licensed practical nurses to possess (i)
epinephrine and oxygen for administration in treatment of emergency medical conditions and (ii) heparin and sterile
normal saline to use for the maintenance of intravenous access lines.
Pursuant to the regulations of the Board of Health, certain emergency medical services technicians may possess and
administer epinephrine in emergency cases of anaphylactic shock.
Pursuant to an order or standing protocol issued by the prescriber within the course of his professional practice, any
school nurse, school board employee, employee of a local governing body, or employee of a local health department
who is authorized by a prescriber and trained in the administration of epinephrine may possess and administer
epinephrine.
Pursuant to an order issued by the prescriber within the course of his professional practice, an employee of a
provider licensed by the Department of Behavioral Health and Developmental Services or a person providing
services pursuant to a contract with a provider licensed by the Department of Behavioral Health and Developmental
Services may possess and administer epinephrine, provided such person is authorized and trained in the
administration of epinephrine.
E. Pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his
professional practice, such prescriber may authorize licensed physical therapists to possess and administer topical
corticosteroids, topical lidocaine, and any other Schedule VI topical drug.
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F. Pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his
professional practice, such prescriber may authorize licensed athletic trainers to possess and administer topical
corticosteroids, topical lidocaine, or other Schedule VI topical drugs; oxygen for use in emergency situations; and
epinephrine for use in emergency cases of anaphylactic shock.
G. Pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his
professional practice, and in accordance with policies and guidelines established by the Department of Health
pursuant to § 32.1-50.2, such prescriber may authorize registered nurses or licensed practical nurses under the
immediate and direct supervision of a registered nurse to possess and administer tuberculin purified protein
derivative (PPD) in the absence of a prescriber. The Department of Health's policies and guidelines shall be
consistent with applicable guidelines developed by the Centers for Disease Control and Prevention for preventing
transmission of mycobacterium tuberculosis and shall be updated to incorporate any subsequently implemented
standards of the Occupational Safety and Health Administration and the Department of Labor and Industry to the
extent that they are inconsistent with the Department of Health's policies and guidelines. Such standing protocols
shall explicitly describe the categories of persons to whom the tuberculin test is to be administered and shall provide
for appropriate medical evaluation of those in whom the test is positive. The prescriber shall ensure that the nurse
implementing such standing protocols has received adequate training in the practice and principles underlying
tuberculin screening.
The Health Commissioner or his designee may authorize registered nurses, acting as agents of the Department of
Health, to possess and administer, at the nurse's discretion, tuberculin purified protein derivative (PPD) to those
persons in whom tuberculin skin testing is indicated based on protocols and policies established by the Department
of Health.
H. Pursuant to a written order or standing protocol issued by the prescriber within the course of his professional
practice, such prescriber may authorize, with the consent of the parents as defined in § 22.1-1, an employee of a
school board who is trained in the administration of insulin and glucagon to assist with the administration of insulin
or administer glucagon to a student diagnosed as having diabetes and who requires insulin injections during the
school day or for whom glucagon has been prescribed for the emergency treatment of hypoglycemia. Such
authorization shall only be effective when a licensed nurse, nurse practitioner, physician, or physician assistant is not
present to perform the administration of the medication.
Pursuant to a written order issued by the prescriber within the course of his professional practice, such prescriber
may authorize an employee of a provider licensed by the Department of Behavioral Health and Developmental
Services or a person providing services pursuant to a contract with a provider licensed by the Department of
Behavioral Health and Developmental Services to assist with the administration of insulin or to administer glucagon
to a person diagnosed as having diabetes and who requires insulin injections or for whom glucagon has been
prescribed for the emergency treatment of hypoglycemia, provided such employee or person providing services has
been trained in the administration of insulin and glucagon.
I. A prescriber may authorize, pursuant to a protocol approved by the Board of Nursing, the administration of
vaccines to adults for immunization, when a practitioner with prescriptive authority is not physically present, by (i)
licensed pharmacists, (ii) registered nurses, or (iii) licensed practical nurses under the immediate and direct
supervision of a registered nurse. A prescriber acting on behalf of and in accordance with established protocols of
the Department of Health may authorize the administration of vaccines to any person by a pharmacist, nurse,
certified emergency medical technician-intermediate, or emergency medical technician-paramedic under the
direction of an operational medical director when the prescriber is not physically present. Emergency medical
services personnel shall provide documentation of the vaccines to be recorded in the Virginia Immunization
Information System.
J. A dentist may cause Schedule VI topical drugs to be administered under his direction and supervision by either a
dental hygienist or by an authorized agent of the dentist.
Further, pursuant to a written order and in accordance with a standing protocol issued by the dentist in the course of
his professional practice, a dentist may authorize a dental hygienist under his general supervision, as defined in §
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54.1-2722, to possess and administer topical oral fluorides, topical oral anesthetics, topical and directly applied
antimicrobial agents for treatment of periodontal pocket lesions, as well as any other Schedule VI topical drug
approved by the Board of Dentistry.
In addition, a dentist may authorize a dental hygienist under his direction to administer Schedule VI nitrous oxide
and oxygen inhalation analgesia and, to persons 18 years of age or older, Schedule VI local anesthesia.
K. Pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his
professional practice, such prescriber may authorize registered professional nurses certified as sexual assault nurse
examiners-A (SANE-A) under his supervision and when he is not physically present to possess and administer
preventive medications for victims of sexual assault as recommended by the Centers for Disease Control and
Prevention.
L. This section shall not prevent the administration of drugs by a person who has satisfactorily completed a training
program for this purpose approved by the Board of Nursing and who administers such drugs in accordance with a
prescriber's instructions pertaining to dosage, frequency, and manner of administration, and in accordance with
regulations promulgated by the Board of Pharmacy relating to security and record keeping, when the drugs
administered would be normally self-administered by (i) an individual receiving services in a program licensed by
the Department of Behavioral Health and Developmental Services; (ii) a resident of the Virginia Rehabilitation
Center for the Blind and Vision Impaired; (iii) a resident of a facility approved by the Board or Department of
Juvenile Justice for the placement of children in need of services or delinquent or alleged delinquent youth; (iv) a
program participant of an adult day-care center licensed by the Department of Social Services; (v) a resident of any
facility authorized or operated by a state or local government whose primary purpose is not to provide health care
services; (vi) a resident of a private children's residential facility, as defined in § 63.2-100 and licensed by the
Department of Social Services, Department of Education, or Department of Behavioral Health and Developmental
Services; or (vii) a student in a school for students with disabilities, as defined in § 22.1-319 and licensed by the
Board of Education.
In addition, this section shall not prevent a person who has successfully completed a training program for the
administration of drugs via percutaneous gastrostomy tube approved by the Board of Nursing and been evaluated by
a registered nurse as having demonstrated competency in administration of drugs via percutaneous gastrostomy tube
from administering drugs to a person receiving services from a program licensed by the Department of Behavioral
Health and Developmental Services to such person via percutaneous gastrostomy tube. The continued competency
of a person to administer drugs via percutaneous gastrostomy tube shall be evaluated semiannually by a registered
nurse.
M. Medication aides registered by the Board of Nursing pursuant to Article 7 (§ 54.1-3041 et seq.) of Chapter 30
may administer drugs that would otherwise be self-administered to residents of any assisted living facility licensed
by the Department of Social Services. A registered medication aide shall administer drugs pursuant to this section in
accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration; in
accordance with regulations promulgated by the Board of Pharmacy relating to security and recordkeeping; in
accordance with the assisted living facility's Medication Management Plan; and in accordance with such other
regulations governing their practice promulgated by the Board of Nursing.
N. In addition, this section shall not prevent the administration of drugs by a person who administers such drugs in
accordance with a physician's instructions pertaining to dosage, frequency, and manner of administration and with
written authorization of a parent, and in accordance with school board regulations relating to training, security and
record keeping, when the drugs administered would be normally self-administered by a student of a Virginia public
school. Training for such persons shall be accomplished through a program approved by the local school boards, in
consultation with the local departments of health.
O. In addition, this section shall not prevent the administration of drugs by a person to (i) a child in a child day
program as defined in § 63.2-100 and regulated by the State Board of Social Services or a local government
pursuant to § 15.2-914, or (ii) a student at a private school that complies with the accreditation requirements set forth
in § 22.1-19 and is accredited by the Virginia Council for Private Education, provided such person (a) has
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satisfactorily completed a training program for this purpose approved by the Board of Nursing and taught by a
registered nurse, licensed practical nurse, doctor of medicine or osteopathic medicine, or pharmacist; (b) has
obtained written authorization from a parent or guardian; (c) administers drugs only to the child identified on the
prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of
administration; and (d) administers only those drugs that were dispensed from a pharmacy and maintained in the
original, labeled container that would normally be self-administered by the child or student, or administered by a
parent or guardian to the child or student.
P. In addition, this section shall not prevent the administration or dispensing of drugs and devices by persons if they
are authorized by the State Health Commissioner in accordance with protocols established by the State Health
Commissioner pursuant to § 32.1-42.1 when (i) the Governor has declared a disaster or a state of emergency or the
United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism
incident or other actual or potential public health emergency; (ii) it is necessary to permit the provision of needed
drugs or devices; and (iii) such persons have received the training necessary to safely administer or dispense the
needed drugs or devices. Such persons shall administer or dispense all drugs or devices under the direction, control,
and supervision of the State Health Commissioner.
Q. Nothing in this title shall prohibit the administration of normally self-administered drugs by unlicensed
individuals to a person in his private residence.
R. This section shall not interfere with any prescriber issuing prescriptions in compliance with his authority and
scope of practice and the provisions of this section to a Board agent for use pursuant to subsection G of § 18.2-
258.1. Such prescriptions issued by such prescriber shall be deemed to be valid prescriptions.
S. Nothing in this title shall prevent or interfere with dialysis care technicians or dialysis patient care technicians
who are certified by an organization approved by the Board of Health Professions or persons authorized for
provisional practice pursuant to Chapter 27.01 (§ 54.1-2729.1 et seq.), in the ordinary course of their duties in a
Medicare-certified renal dialysis facility, from administering heparin, topical needle site anesthetics, dialysis
solutions, sterile normal saline solution, and blood volumizers, for the purpose of facilitating renal dialysis
treatment, when such administration of medications occurs under the orders of a licensed physician, nurse
practitioner, or physician assistant and under the immediate and direct supervision of a licensed registered nurse.
Nothing in this chapter shall be construed to prohibit a patient care dialysis technician trainee from performing
dialysis care as part of and within the scope of the clinical skills instruction segment of a supervised dialysis
technician training program, provided such trainee is identified as a "trainee" while working in a renal dialysis
facility.
The dialysis care technician or dialysis patient care technician administering the medications shall have
demonstrated competency as evidenced by holding current valid certification from an organization approved by the
Board of Health Professions pursuant to Chapter 27.01 (§ 54.1-2729.1 et seq.).
T. Persons who are otherwise authorized to administer controlled substances in hospitals shall be authorized to
administer influenza or pneumococcal vaccines pursuant to § 32.1-126.4.
U. Pursuant to a specific order for a patient and under his direct and immediate supervision, a prescriber may
authorize the administration of controlled substances by personnel who have been properly trained to assist a doctor
of medicine or osteopathic medicine, provided the method does not include intravenous, intrathecal, or epidural
administration and the prescriber remains responsible for such administration.
V. A physician assistant, nurse or a dental hygienist may possess and administer topical fluoride varnish to the teeth
of children aged six months to three years pursuant to an oral or written order or a standing protocol issued by a
doctor of medicine, osteopathic medicine, or dentistry that conforms to standards adopted by the Department of
Health.
W. A prescriber, acting in accordance with guidelines developed pursuant to § 32.1-46.02, may authorize the
administration of influenza vaccine to minors by a licensed pharmacist, registered nurse, licensed practical nurse
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under the direction and immediate supervision of a registered nurse, certified emergency medical technician-
intermediate, or emergency medical technician-paramedic when the prescriber is not physically present.
X. Notwithstanding the provisions of § 54.1-3303 and only for the purpose of participation in pilot programs
conducted by the Department of Behavioral Health and Developmental Services, a person may obtain a prescription
for a family member or a friend and may possess and administer naloxone for the purpose of counteracting the
effects of opiate overdose, pursuant to an oral, written or standing order issued by a prescriber, and in accordance
with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department
of Health, a pharmacist may dispense naloxone or other opioid antagonist used for overdose reversal and a person
may possess and administer naloxone or other opioid antagonist used for overdose reversal to a person who is
believed to be experiencing or about to experience a life-threatening opiate overdose. Law-enforcement officers as
defined in § 9.1-101 and firefighters who have completed a training program may also possess and administer
naloxone in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of
Medicine and the Department of Health.
2. That an emergency exists and this act is in force from its passage.
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CHAPTER 726
An Act to amend and reenact § 54.1-3446 of the Code of Virginia, relating to Schedule I drugs.
[H 1564]
Approved April 15, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-3446 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-3446. Schedule I.
The controlled substances listed in this section are included in Schedule I:
1. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the
specific chemical designation:
Acetylmethadol;
Allylprodine;
Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl
acetate, or LAAM);
Alphameprodine;
Alphamethadol;
Benzethidine;
Betacetylmethadol;
Betameprodine;
Betamethadol;
Betaprodine;
Clonitazene;
Dextromoramide;
Diampromide;
Diethylthiambutene;
Schedule I drugs. Adds N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide
(other name: AB-CHMINACA), N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-
carboxamide (other name: 5-fluoro-AMB), and 3,4-methylenedioxy-N,N-dimethylcathinone (other names:
Dimethylone, bk-MDDMA) to Schedule I of the Drug Control Act, in accordance with the action of the Board of
Pharmacy adding these substances to Schedule I pursuant to § 54.1-3443. This bill is identical to SB 1380.
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Difenoxin;
Dimenoxadol;
Dimepheptanol;
Dimethylthiambutene;
Dioxaphetylbutyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levomoramide;
Levophenacylmorphan;
Morpheridine;
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
105
Propiram;
Racemoramide;
Tilidine;
Trimeperidine.
2. Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted,
whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical
designation:
Acetorphine;
Acetyldihydrocodeine;
Benzylmorphine;
Codeine methylbromide;
Codeine-N-Oxide;
Cyprenorphine;
Desomorphine;
Dihydromorphine;
Drotebanol;
Etorphine;
Heroin;
Hydromorphinol;
Methyldesorphine;
Methyldihydromorphine;
Morphine methylbromide;
Morphine methylsulfonate;
Morphine-N-Oxide;
Myrophine;
Nicocodeine;
Nicomorphine;
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Normorphine;
Pholcodine;
Thebacon.
3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or
preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its
salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation (for purposes of this subdivision only, the term "isomer" includes the
optical, position, and geometric isomers):
Alpha-ethyltryptamine (some trade or other names: Monase;a-ethyl-1H-indole-3-ethanamine; 3-2-aminobutyl]
indole; a-ET; AET);
4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names: 2-4-bromo-2,5-dimethoxyphenyl]-1-
aminoethane;alpha-desmethyl DOB; 2C-B; Nexus);
4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names: 2-4-bromo-2,5-dimethoxyphenyl]-1-
aminoethane;alpha-desmethyl DOB; 2C-B; Nexus);
3,4-methylenedioxy amphetamine;
5-methoxy-3,4-methylenedioxy amphetamine;
3,4,5-trimethoxy amphetamine;
Alpha-methyltryptamine (other name: AMT);
Bufotenine;
Diethyltryptamine;
Dimethyltryptamine;
4-methyl-2,5-dimethoxyamphetamine;
2,5-dimethoxy-4-ethylamphetamine (DOET);
2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
Ibogaine;
5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT);
Lysergic acid diethylamide;
Mescaline;
Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo -b,d]
pyran; Synhexyl);
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Peyote;
N-ethyl-3-piperidyl benzilate;
N-methyl-3-piperidyl benzilate;
Psilocybin;
Psilocyn;
Salvinorin A;
Tetrahydrocannabinols, except as present in marijuana and dronabinol in sesame oil and encapsulated in a soft
gelatin capsule in a drug product approved by the U.S. Food and Drug Administration;
Hashish oil (some trade or other names: hash oil; liquid marijuana; liquid hashish);
2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA);
3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of
isomers;
3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4
(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
N-hydroxy-3,4-methylenedioxyamphetamine (some other names: N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);
4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy-a-
methylphenethylamine; 4-bromo-2,5-DMA);
4-methoxyamphetamine (some trade or other names: 4-methoxy-a-methylphenethylamine;
paramethoxyamphetamine; PMA);
Ethylamine analog of phencyclidine (some other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
Pyrrolidine analog of phencyclidine (some other names: 1-(1-phenylcyclohexyl) -pyrrolidine, PCPy, PHP);
Thiophene analog of phencyclidine (some other names: 1-1-(2-thienyl) -cyclohexyl]-piperidine, 2-thienyl analog of
phencyclidine, TPCP, TCP);
1-1-(2-thienyl)cyclohexyl]pyrrolidine (other name: TCPy);
3,4-methylenedioxypyrovalerone (other name: MDPV);
4-methylmethcathinone (other names: mephedrone, 4-MMC);
3,4-methylenedioxymethcathinone (other name: methylone);
Naphthylpyrovalerone (other name: naphyrone);
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4-fluoromethcathinone (other name: flephedrone, 4-FMC);
4-methoxymethcathinone (other names: methedrone; bk-PMMA);
Ethcathinone (other name: N-ethylcathinone);
3,4-methylenedioxyethcathinone (other name: ethylone);
Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (other name: butylone);
N,N-dimethylcathinone (other name: metamfepramone);
Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP);
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP);
Alpha-pyrrolidinovalerophenone (other name: alpha-PVP);
6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine (other name: MDAI);
3-fluoromethcathinone (other name: 3-FMC);
4-Ethyl-2,5-dimethoxyphenethylamine (other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (other name: 2C-I);
4-Methylethcathinone (other name: 4-MEC);
4-Ethylmethcathinone (other name: 4-EMC);
N,N-diallyl-5-methoxytryptamine (other name: 5-MeO-DALT);
Beta-keto-methylbenzodioxolylpentanamine (other name: Pentylone, bk-MBDP);
Alpha-methylamino-butyrophenone (other name: Buphedrone);
Alpha-methylamino-valerophenone (other name: Pentedrone);
3,4-Dimethylmethcathinone (other name: 3.4-DMMC);
4-methyl-alpha-pyrrolidinopropiophenone (other name: MPPP);
4-Iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (other names: 25-I, 25I-NBOMe);
Methoxetamine (other names: MXE, 3-MeO-2-Oxo-PCE);
4-Fluoromethamphetamine (other name: 4-FMA);
4-Fluoroamphetamine (other name: 4-FA);
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2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (other name: 2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (other name: 2C-C);
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (other name: 2C-T-2);
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (other name: 2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (other name: 2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (other name: 2C-N);
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (other name: 2C-P);
(2-aminopropyl)benzofuran (other name: APB);
(2-aminopropyl)-2,3-dihydrobenzofuran (other name: APDB);
4-chloro-2,5-dimethoxy-N- [ 2-methoxyphenyl ] methyl ] -benzeneethanamine (other names: 2C-C-NBOMe, 25C-
NBOMe);
4-bromo-2,5-dimethoxy-N- [ 2-methoxyphenyl ] methyl ] benzeneethanamine (other names: 2C-B-NBOMe, 25B-
NBOMe);
Acetoxydimethyltryptamine (other names: AcO-Psilocin, AcO-DMT, Psilacetin);
Benocyclidine (other names: BCP, BTCP);
Alpha-pyrrolidinobutiophenone (other name: alpha-PBP);
3,4-methylenedioxy-N,N-dimethylcathinone (other names: Dimethylone, bk-MDDMA).
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation
which contains any quantity of the following substances having a depressant effect on the central nervous system,
including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is
possible within the specific chemical designation:
Gamma hydroxybutyric acid (some other names include GHB; gamma hydroxybutyrate; 4-hydroxybutyrate; 4-
hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
Mecloqualone;
Methaqualone.
5. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation
which contains any quantity of the following substances having a stimulant effect on the central nervous system,
including its salts, isomers and salts of isomers:
Aminorex (some trade or other names; aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4, 5-dihydro-5-phenyl-2-
oxazolamine);
N-Benzylpiperazine (some other names: BZP, 1-benzylpiperazine);
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Fenethylline;
Ethylamphetamine;
Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone, norephedrone), and any plant material from which Cathinone may be derived;
Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone alpha-
(methylamino)-propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone;
monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR 1432);
Cis-4-methylaminorex (other name: cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
N,N-dimethylamphetamine (other names: N,N-alpha-trimethyl-benzeneethanamine, N,N-alpha-
trimethylphenethylamine).
6. Any material, compound, mixture or preparation containing any quantity of the following substances:
N-3-methyl-1-(2-phenethyl)-4-piperidyl]-N-phenylpropanamide (other name: 3-methylfentanyl), its optical and
geometric isomers, salts, and salts of isomers;
1-methyl-4-phenyl-4-propionoxypiperidine (other name: MPPP), its optical isomers, salts and salts of isomers;
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (other name: PEPAP), its optical isomers, salts and salts of
isomers;
N-1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide (other names: 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine), alpha-methylfentanyl);
N-1-(1-methyl-2-phenethyl)-4-piperidyl]-N-phenylacetamide (other name: acetyl-alpha-methylfentanyl), its optical
isomers, salts and salts of isomers;
N-1-(1-methyl-2-2-thienyl)ethyl-4 piperidyl]-N-phenylpropanamide (other name: alpha-methylthiofentanyl), its
optical isomers, salts and salts of isomers;
N-1-benzyl-4-piperidyl]N-phenylpropanamide (other name: benzylfentanyl), its optical isomers, salts and salts of
isomers;
N-1-(2-hydroxy-2-phenyl) ethyl-4-piperidyl]-N-phenylpropanamide (other name: beta-hydroxyfentanyl), its optical
isomers, salts and salts of isomers;
N-3-methyl-1-(2-hydroxy-2-phenethyl)4-piperidyl]Nphenylpropanamide N-3-methyl-1-(2-hydroxy-2-phenethyl)4-
piperidyl]-N-phenylpropanamide (other name: betahydroxy3methylfentanyl beta-hydroxy-3-methylfentanyl), its
optical and geometric isomers, salts and salts of isomers;
N-(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (other name: 3-methylthiofentanyl), its optical
and geometric isomers, salts and salts of isomers;
N-1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (other name: thenylfentanyl thienylfentanyl), its optical
isomers, salts and salts of isomers;
N-phenyl-N-1-(2-thienyl)ethyl-4-piperidinyl]-propanamide (other name: thiofentanyl), its optical isomers, salts and
salts of isomers;
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N-(4-fluorophenyl)-N-1-(2-phenethyl)-4-piperidinyl] propanamide N-(4-fluorophenyl)-N-1-(2-phenethyl)-4-
piperidinyl]-propanamide (other name: para-fluorofentanyl), its optical isomers, salts and salts of isomers.
7. Any substance that contains one or more cannabimimetic agents or that contains their salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical
designation, and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount
of one or more cannabimimetic agents.
a. "Cannabimimetic agents" includes any substance that is within any of the following structural classes:
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether
or not substituted on the cyclohexyl ring to any extent;
3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane with substitution at the nitrogen atom of the indole
ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl
or naphthyl ring to any extent;
3-(1-naphthoyl)pyrrole with substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted
in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
1-(1-naphthylmethyl)indene with substitution of the 3-position of the indene ring, whether or not further substituted
in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
3-phenylacetylindole or 3-benzoylindole with substitution at the nitrogen atom of the indole ring, whether or not
further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;
3-cyclopropoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on
the indole ring to any extent, whether or not substituted on the cyclopropyl ring to any extent;
3-adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on
the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent;
N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further
substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent; and
N-(adamantyl)-indazole-3-carboxamide with substitution at a nitrogen atom of the indazole ring, whether or not
further substituted on the indazole ring to any extent, whether or not substituted on the adamantyl ring to any extent.
b. The term "cannabimimetic agents" includes:
5-(1,1-Dimethylheptyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497);
5-(1,1-Dimethylhexyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C6 homolog);
5-(1,1-Dimethyloctyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C8 homolog);
5-(1,1-Dimethylnonyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C9 homolog);
1-pentyl-3-(1-naphthoyl)indole (other names: JWH-018, AM-678);
1-butyl-3-(1-naphthoyl)indole (other name: JWH-073);
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1-pentyl-3-(2-methoxyphenylacetyl)indole (other name: JWH-250);
1-hexyl-3-(naphthalen-1-oyl)indole (other name: JWH-019);
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (other name: JWH-200);
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
(other name: HU-210);
1-pentyl-3-(4-methoxy-1-naphthoyl)indole (other name: JWH-081);
1-pentyl-3-(4-methyl-1-naphthoyl)indole (other name: JWH-122);
1-pentyl-3-(2-chlorophenylacetyl)indole (other name: JWH-203);
1-pentyl-3-(4-ethyl-1-naphthoyl)indole (other name: JWH-210);
1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name: JWH-398);
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (other name: AM-694);
1-((N-methylpiperidin-2-yl)methyl)-3-(1-naphthoyl)indole (other name: AM-1220);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (other name: AM-2201);
1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (other name: AM-2233);
Pravadoline (4-methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (other name: WIN
48,098);
1-pentyl-3-(4-methoxybenzoyl)indole (other names: RCS-4, SR-19);
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (other names: RCS-8, SR-18);
1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name: UR-144);
1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name: XLR-11);
N-adamantyl-1-fluoropentylindole-3-carboxamide (other name: STS-135);
N-adamantyl-1-pentylindazole-3-carboxamide (other name: AKB48);
1-pentyl-3-(1-adamantoyl)indole (other name: AB-001);
(8-quinolinyl)(1-pentylindol-3-yl)carboxylate (other name: PB-22);
(8-quinolinyl)(1-(5-fluoropentyl)indol-3-yl)carboxylate (other name: 5-fluoro-PB-22);
(8-quinolinyl)(1-cyclohexylmethyl-indol-3-yl)carboxylate (other name: BB-22);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentylindazole-3-carboxamide (other name: AB-PINACA);
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N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide (other name: AB-FUBINACA);
1-(5-fluoropentyl)-3-(1-naphthoyl)indazole (other name: THJ-2201);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentylindazole-3-carboxamide (other name: ADB-PINACA);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (other name: AB-
CHMINACA);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide (other name: 5-fluoro-AB-
PINACA).
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult
correctional facilities and cannot be determined for periods of commitment to the custody of the Department of
Juvenile Justice.
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CHAPTER 769
An Act to amend and reenact § 19.2-386.2 of the Code of Virginia, relating to seizure of property; inventory
required. [S 721]
Approved April 30, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-386.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-386.2. Seizure of named property.
A. When any property subject to seizure under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the
Code has not been seized at the time an information naming that property is filed, the clerk of the circuit court or a
judge of the circuit court, upon motion of the attorney for the Commonwealth wherein the information is filed, shall
issue a warrant to the sheriff or other state or local law-enforcement officer authorized to serve criminal process in
the jurisdiction where the property is located, describing the property named in the complaint and authorizing its
immediate seizure.
B. In all cases of seizure of real property, a notice of lis pendens shall be filed with the clerk of the circuit court of
the county or city wherein the property is located and shall be indexed in the land records in the name or names of
those persons whose interests appear to be affected thereby.
C. When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other
forfeiture provision under the Code, the agency seizing the property shall, as soon as practicable after the seizure,
conduct an inventory of the seized property and shall, as soon as practicable, provide a copy of the inventory to the
owner. An agency's failure to provide a copy of an inventory pursuant to this subsection shall not invalidate any
forfeiture.
Seizure of property; inventory required. Requires the agency seizing property to, as soon as practicable,
conduct an inventory of the seized property and provide a copy of such inventory to the property owner.
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CRIMINAL SUMMARY ONLY
HB1908 and SB1034 - §§ 4.1-100 and 4.1-103 - Alcoholic beverage control; powdered or crystalline alcohol;
penalty. Adds powdered or crystalline alcohol to the definition of alcoholic beverages, prohibits containers sold in
or shipped into the Commonwealth from including powdered or crystalline alcohol, and creates a Class 1
misdemeanor for anyone who purchases, possesses, offers for sale or use, sells, or uses a powdered or crystalline
alcohol product. This bill is identical to SB 1034.
HB2228 and SB918 - § 9.1-907 - Sex Offender and Crimes Against Minors Registry; registration verification.
Provides that the Department of Corrections (the Department) or other supervisory personnel may cause to be
physically verified by the State Police the registration information on the Sex Offender and Crimes Against Minors
Registry that is required of registrants over whom the Department or the supervisory personnel exercise control.
Under current law, physical verification must be carried out by the Department or the supervisory personnel. This
bill is identical to SB 918.
HB1277 and SB955 - §§ 3.2-801, 54.1-3401, and adding in Title 3.2 a chapter numbered 41.1, consisting of sections
numbered 3.2-4112 through 3.2-4120 - Industrial hemp production and manufacturing. Allows the cultivation of
industrial hemp by licensed growers as part of a university-managed research program. The bill defines industrial
hemp as the plant Cannabis sativa with a concentration of THC no greater than that allowed by federal law, excludes
industrial hemp from the definition of marijuana in the Drug Control Act, and bars the prosecution of a licensed
grower under drug laws for the possession of industrial hemp as part of the research program. The bill directs the
Commissioner of the Department of Agriculture and Consumer Services to adopt relevant regulations and establish
an industrial hemp research program to be managed by public institutions of higher education. This bill is identical
to SB 955.
HB1578 - § 19.2-310.2 - DNA data bank; State Police to verify receipt of samples from persons on the Sex
Offender and Crimes Against Minors Registry. Requires the Department of State Police to verify receipt of DNA
samples by the Department of Forensic Science for persons required to register on the Sex Offender and Crimes
Against Minors Registry. The bill also requires the State Police to obtain a DNA sample for such persons if one has
not been received by the Department of Forensic Science.
HB1928 and SB1187 - §§ 19.2-310.2 and 19.2-310.7 - DNA analysis upon conviction of certain misdemeanors.
The bill adds misdemeanor violations of §§ 16.1-253.2 (violation of a protective order), 18.2-60.3 (stalking), 18.2-
60.4 (violation of a stalking protective order), 18.2-67.4:1 (infected sexual battery), 18.2-102 (unauthorized use of
animal, aircraft, vehicle, or boat valued at less than $200), 18.2-121 (entering property of another for purpose of
damaging it), 18.2-387 (indecent exposure), 18.2-387.1 (obscene sexual display), and 18.2-479.1 (resisting arrest) to
the list of offenses for which an adult convicted of such offense must have a sample of his blood, saliva, or tissue
taken for DNA analysis. Under current law, a sample is taken for DNA analysis from adults convicted of only five
misdemeanor sex offenses: (i) § 18.2-67.4 (sexual battery), (ii) § 18.2-67.4:2 (sexual abuse of a child 13 years of age
or older but under 15), (iii) § 18.2-67.5 (attempted sexual battery), (iv) § 18.2-130 (peeping), or (v) § 18.2-370.6
(penetrating the mouth of a child under 13 with the tongue). The bill also increases the fee collected for the
withdrawal of the DNA sample from $25 to $53.The provisions of the bill apply only to persons convicted on or
after July 1, 2015. This bill is identical to SB 1187.
SB961 - § 19.2-389 - Department of Juvenile Justice; access to criminal history record information. Adds the
Department of Juvenile Justice (DJJ) to the list of entities authorized to receive information from the Virginia
Criminal Information Network (VCIN). The bill specifies that DJJ may receive background checks from VCIN in
order to complete predispositional and postdispositional reports required by law.
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SB832 - § 19.2-53.1 - Taking blood samples pursuant to search warrant; qualified immunity. Provides that no
cause of action shall lie in any court against any person authorized by law to withdraw blood pursuant to a search
warrant issued in accordance with § 19.2-53 when that person is acting in accordance with such warrant, except in
cases of negligence in the withdrawing of blood or willful misconduct.
HB1353 and SB1074 - § 9.1-918 - Supplement to the Sex Offender and Crimes Against Minors Registry
(Robby's Rule). Requires the Superintendent of State Police to establish a Supplement to the Sex Offender and
Crimes Against Minors Registry (the Registry) that would include information on persons who were convicted of
certain sexual offenses on or after July 1, 1980, and before July 1, 1994, who are not currently on the Registry. The
Supplement will be available to the public on the Department of State Police website. Persons whose information is
on the Supplement who would be able to petition for removal of their information if they were on the Registry will
be able to petition for removal of their information from the Supplement. This bill is identical to SB 1074.
HB2303 - §§ 37.2-910, 37.2-911, 37.2-913 and 37.2-914 - Sexually violent predators; notice of hearings;
conditional release plan. Requires the Department of Behavioral Health and Developmental Services, in preparing
a conditional release plan for a sexually violent predator, to notify the attorney for the Commonwealth, the chief
law-enforcement officer, and the local governing body for the locality that is the proposed location of the predator's
residence upon his conditional release. The bill also provides that such attorney for the Commonwealth shall receive
a copy of any petition (i) for the conditional release of a predator, (ii) to take a conditionally released predator into
emergency custody, (iii) for the release of a predator taken into emergency custody, or (iv) to modify or remove
conditions on a predator's release.
HB1308 - § 19.2-69 - Right to privacy in electronic communications; confidential relationship; civil action.
Doubles the amount of liquidated damages that may be recovered against a person who intercepts, discloses, or uses
wire, electronic, or oral communications in violation of Virginia's wiretapping law if such communications are
between (i) a husband and wife; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient;
(iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage
and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice. The bill
increases the allowable liquidated damages from $400 a day for each day of violation or $4,000, whichever is
higher, to $800 a day or $8,000, whichever is higher.
HB1955 and SB1232 - §§ 58.1-1000 and 58.1-1007 and adding 3.2-4206.01 - Administration and enforcement of
cigarette laws. Modifies several provisions relating to the administration and enforcement of Virginia's cigarette
laws by prohibiting persons convicted of certain offenses from being authorized holders, requiring the Office of the
Attorney General to place on its website a list of individuals ineligible to be an authorized holder, and authorizing
additional entities to audit and inspect records of persons receiving, storing, selling, handling, or transporting
cigarettes. This bill is a recommendation of the Virginia State Crime Commission and is identical to SB 1232.
HB2036 and SB1325 - § 18.2-371.2 and adding sections numbered 59.1-293.10 and 59.2-293.11 - Purchase, etc., of
tobacco products by minors; liquid nicotine packaging; penalty. Provides that no person shall sell or distribute at
retail a liquid nicotine container on or after October 1, 2015, unless the container is packaged in child-resistant
packaging. The bill allows existing inventory to be sold until January 1, 2016. Any person who violates the child-
resistant packaging requirements is guilty of a Class 4 misdemeanor. The bill also provides that any adult may sign
for tobacco products, nicotine vapor products, or alternative nicotine products purchased through mail order or the
Internet. Current law requires the signature of the purchaser. This bill is identical to SB 1325.
SB712 and HB1930 Adding sections numbered 23-9.2:15, 23-9.2:16 and 23-9.2:17 - Institutions of higher
education; reporting acts of sexual violence. Requires any responsible employee of a public or private nonprofit
institution of higher education who in the course of his employment obtains information that an act of sexual
violence has been committed against a student or on campus property or other property related to the institution to
report such information to the Title IX coordinator for the institution as soon as practicable. The bill requires the
Title IX coordinator to report such information to a review committee, which shall meet within 72 hours of the
receipt of information of an alleged act of sexual violence and which shall include the Title IX coordinator, a
representative of law enforcement, and a student affairs representative. If the review committee determines that
disclosure of the information regarding the alleged act of sexual violence is necessary to protect the health and
117
safety of the victim or other individuals, the representative of law enforcement on the review committee shall
disclose the information, including personally identifiable information, to the law-enforcement agency responsible
for investigating the alleged act. In cases involving a felony sexual assault, the representative of law enforcement on
the review committee, or in certain situations, another committee member, shall consult with the local attorney for
the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence.
The bill requires the governing board of each public or private nonprofit institution of higher education to (i)
establish a written memorandum of understanding with a local sexual assault crisis center or other victim support
service and (ii) adopt policies to provide victims with information on contacting such center or service. The bill
requires each public or private nonprofit institution of higher education to annually certify to the State Council of
Higher Education for Virginia that it has reviewed its sexual violence policy. Finally, the bill requires the
Department of Criminal Justice Services to monitor the impact the legislation will have on the workload of local
victim witness programs and report its findings to the Chairmen of the House and Senate Committees for Courts of
Justice by October 1, 2016. This bill is identical to HB 1930.
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FIREARMS FULL TEXT
CHAPTER 289
An Act to amend and reenact § 18.2-308.1 of the Code of Virginia, relating to possession of firearm, stun weapon,
or other weapon on school property. [S 1191]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-308.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty.
A. If any person knowingly possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife
having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in
subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious
elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the
public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or
activities are taking place; or (c) any school bus owned or operated by any such school, he shall be guilty of a Class
1 misdemeanor.
B. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an
explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle
or high school, including buildings and grounds; (ii) that portion of any property open to the public and then
exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are
taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony.
C. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an
explosion of a combustible material within a public, private or religious elementary, middle or high school building
and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person
shall be guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be
served consecutively with any other sentence.
The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions
of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's
curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it
for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or
facilitated by either the school or any organization authorized by the school to conduct its programs either on or off
the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses
customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife
having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a
motor vehicle; (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in
a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school; or (viii) an
armed security officer, licensed pursuant to Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a private
or religious school for the protection of students and employees as authorized by such school. For the purposes of
this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container"
includes a locked vehicle trunk.
Firearms, other weapons on school property. Amends the statute that makes it a crime to possess a firearm,
stun weapon, knife, or certain other weapons on school property to require that the person knowingly possess the
firearm or other weapon.
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As used in this section:
"Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or
electromagnetic in nature and which is designed to temporarily incapacitate a person.
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CHAPTER 767
An Act to amend and reenact § 18.2-308.2 of the Code of Virginia, relating to possession of firearms, etc., by
convicted felons; restoration of rights. [H 2286]
Approved April 30, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-308.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-308.2. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed
weapons by convicted felons; penalties; petition for permit; when issued.
A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent
as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32,
kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or
rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile
14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an
adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the
laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to
knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as
defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden
from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess
in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this
section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and
intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined
in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who
violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously
convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of
imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section
shall be served consecutively with any other sentence.
B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a
firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the
United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the
performance of his duties, or (iii) any person who has been pardoned or whose political disabilities have been
removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document
granting the pardon or removing the person's political disabilities, may expressly place conditions upon the
reinstatement of the person's right to ship, transport, possess or receive firearms, or (iv) any person whose right to
possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon
the reinstatement of the person’s right to ship, transport, possess, or receive firearms by such state.
C. Any person prohibited from possessing, transporting or carrying a firearm or stun weapon under subsection A,
may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm or stun
weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit
unless his civil rights have been restored by the Governor or other appropriate authority. A copy of the petition shall
be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who
shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if
requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a
Possession, etc., of firearms, etc., by convicted felons; restoration of rights. Provides that the prohibition on
the possession and transportation of firearms and ammunition by convicted felons does not apply to a felon
whose right to possess firearms or ammunition has been restored under the law of another state.
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permit. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not
apply to any person who has been granted a permit pursuant to this subsection.
C1. Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A
may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material
has been restored pursuant to federal law.
D. For the purpose of this section:
"Ammunition for a firearm" means the combination of a cartridge, projectile, primer, or propellant designed for use
in a firearm other than an antique firearm as defined in § 18.2-308.2:2.
"Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which
is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black
powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include
fireworks or permissible fireworks as defined in § 27-95.
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FIREARMS SUMMARY ONLY
HB1666 - § 18.2-308.2 - Firearms; restoration of rights; venue. Permits a nonresident of the Commonwealth
prohibited from possessing a firearm, ammunition, or a stun weapon because of a felony conviction or a juvenile
adjudication of delinquency of certain offenses to petition the circuit court where his last felony conviction or
adjudication of delinquency occurred for restoration of his right to possess, transport, or carry a firearm,
ammunition, or a stun weapon. Current law does not provide for venue for a nonresident's restoration petition.
SB936 - §§ 15.2-1721, 30-34.2:2 and 52-11.5 - Unclaimed firearms; donation to Department of Forensic
Science. Permits localities, the Capitol Police, and the State Police to donate unclaimed firearms to the Department
of Forensic Science. The bill also extends from 60 to 120 days the period for which various law-enforcement
agencies must retain unclaimed firearms before destroying or donating such firearms.
HB1702 - § 18.2-308.2:2 - Transfer, etc., of firearms from licensed dealer; criminal history record
information. Provides that a licensed firearms dealer may perform a criminal history record information check
before selling, renting, trading, or transferring any firearm owned by the dealer that is not in his inventory. Current
law requires that a dealer perform such a check only if the firearm is from the dealer's inventory.
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MISCELLANEOUS – FULL TEXT
CHAPTER 270
An Act to amend and reenact § 40.1-51.1 of the Code of Virginia, relating to workplace safety; employer reporting
requirements. [H 1681]
Approved March 17, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 40.1-51.1 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-51.1. Duties of employers.
A. It shall be the duty of every employer to furnish to each of his employees safe employment and a place of
employment which is free from recognized hazards that are causing or are likely to cause death or serious physical
harm to his employees, and to comply with all applicable occupational safety and health rules and regulations
promulgated under this title.
B. Every employer shall provide to employees by such suitable means as shall be prescribed in rules and regulations
of the Safety and Health Codes Board, information regarding their exposure to toxic materials or harmful physical
agents and prompt information when they are exposed to concentration or levels of toxic materials or harmful
physical agents in excess of those prescribed by the applicable safety and health standards and shall provide
employees or their representatives with the opportunity to observe monitoring or measuring of exposures. Every
employer shall also inform any employee who is being exposed of the corrective action being taken and shall
provide former employees with access to information about their exposure to toxic materials or harmful physical
agents.
C. Every employer cited for a violation of any safety and health provisions of this title or standards, rules and
regulations promulgated thereunder shall post a copy of such citation at the site of the violations so noted as
prescribed in the rules and regulations of the Safety and Health Codes Board.
D. Every employer shall report to the Virginia Department of Labor and Industry within eight hours any work-
related incident resulting in (i) a fatality or in, (ii) the in-patient inpatient hospitalization of three one or more
persons, (iii) an amputation, or (iv) the loss of an eye, as prescribed in the rules and regulations of the Safety and
Health Codes Board.
E. Every employer, through posting of notices or other appropriate means, shall keep his employees informed of
their rights and responsibilities under this title and of specific safety and health standards applicable to his business
establishment.
F. An employer representative shall be given the opportunity to accompany the safety and health inspectors on
safety or health inspections.
G. Nothing in this section shall be construed to limit the authority of the Commissioner pursuant to § 40.1-6 or the
Board pursuant to § 40.1-22 to promulgate necessary rules and regulations to protect and promote the safety and
health of employees.
Workplace safety; employer reporting requirements. Requires employers to notify the Virginia Department
of Labor and Industry of any work-related hospitalization, amputation, or loss of an eye. Existing law requires
employers to report hospitalizations involving three or more employees and does not specifically address
reporting an amputation or enucleation.
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CHAPTER 507
An Act to amend and reenact § 54.1-2523 of the Code of Virginia, relating to Prescription Monitoring Program;
subpoenas. [H 1810]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2523 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of Director.
A. All data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and
any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program
pursuant to this chapter and any material relating to the operation or security of the program shall be confidential
and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 15 of
§ 2.2-3705.5. Records in possession of the Prescription Monitoring Program shall not be available for civil
subpoena, nor shall such records be disclosed, discoverable, or compelled to be produced in any civil proceeding,
nor shall such records be deemed admissible as evidence in any civil proceeding for any reason. Further, the
Director shall only have discretion to disclose any such information as provided in subsections B and C.
B. Upon receiving a request for information in accordance with the Department's regulations and in compliance with
applicable federal law and regulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipient or of a specific dispenser or prescriber to an
agent who has completed the Virginia State Police Drug Diversion School designated by the superintendent of the
Department of State Police or designated by the chief law-enforcement officer of any county, city, or town or
campus police department to conduct drug diversion investigations pursuant to § 54.1-3405.
2. Information relevant to an investigation or inspection of or allegation of misconduct by a specific person licensed,
certified, or registered by or an applicant for licensure, certification, or registration by a health regulatory board;
information relevant to a disciplinary proceeding before a health regulatory board or in any subsequent trial or
appeal of an action or board order to designated employees of the Department of Health Professions; or to
designated persons operating the Health Practitioners' Monitoring Program pursuant to Chapter 25.1 (§ 54.1-2515 et
seq.).
3. Information relevant to the proceedings of any investigatory grand jury or special grand jury that has been
properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.
4. Information relevant to a specific investigation of a specific recipient, dispenser, or prescriber to an agent of a
federal law-enforcement agency with authority to conduct drug diversion investigations.
C. In accordance with the Department's regulations and applicable federal law and regulations, the Director may, in
his discretion, disclose:
1. Information in the possession of the program concerning a recipient who is over the age of 18 to that recipient.
The information shall be mailed to the street or mailing address indicated on the recipient request form.
Prescription Monitoring Program; subpoenas. Provides that records in possession of the Prescription
Monitoring Program shall not be available for civil subpoena, nor shall such records be disclosed, discoverable,
or compelled to be produced in any civil proceeding, nor shall such records be deemed admissible as evidence in
any civil proceeding for any reason.
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2. Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose of establishing the
treatment history of the specific recipient when such recipient is either under care and treatment by the prescriber or
the prescriber is initiating treatment of such recipient. In a manner specified by the Director in regulation, notice
shall be given to patients that information may be requested by the prescriber from the Prescription Monitoring
Program.
3. Information on a specific recipient to a dispenser for the purpose of establishing a prescription history to assist the
dispenser in determining the validity of a prescription in accordance with § 54.1-3303 when the recipient is seeking
a covered substance from the dispenser or the facility in which the dispenser practices. In a manner specified by the
Director in regulation, notice shall be given to patients that information may be requested by the dispenser from the
Prescription Monitoring Program.
4. Information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other
regulatory authorities concerned with granting, limiting or denying licenses, certificates or registrations to practice a
health profession when such regulatory authority licenses such dispenser or prescriber or such dispenser or
prescriber is seeking licensure by such other regulatory authority.
5. Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating
provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient
who is currently eligible for and receiving or who has been eligible for and has received medical assistance services
to the Medicaid Fraud Control Unit of the Office of the Attorney General or to designated employees of the
Department of Medical Assistance Services, as appropriate.
6. Information relevant to determination of the cause of death of a specific recipient to the designated employees of
the Office of the Chief Medical Examiner.
7. Information for the purpose of bona fide research or education to qualified personnel; however, data elements that
would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or redacted from such
information prior to disclosure. Further, release of the information shall only be made pursuant to a written
agreement between such qualified personnel and the Director in order to ensure compliance with this subdivision.
8. Information relating to prescriptions for covered substances issued by a specific prescriber, which have been
dispensed and reported to the Program, to that prescriber.
D. The Director may enter into agreements for mutual exchange of information among prescription monitoring
programs in other jurisdictions, which shall only use the information for purposes allowed by this chapter.
E. This section shall not be construed to supersede the provisions of § 54.1-3406 concerning the divulging of
confidential records relating to investigative information.
F. Confidential information that has been received, maintained or developed by any board or disclosed by the board
pursuant to subsection A shall not, under any circumstances, be available for discovery or court subpoena or
introduced into evidence in any medical malpractice suit or other action for damages arising out of the provision of
or failure to provide services. However, this subsection shall not be construed to inhibit any investigation or
prosecution conducted pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2.
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137
CHAPTER 540
An Act to amend and reenact §§ 19.2-389, 37.2-819, and 64.2-2014 of the Code of Virginia, relating to law-
enforcement access to involuntary admission and incapacity information.
[S 1264]
Approved March 23, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-389, 37.2-819, and 64.2-2014 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-389. Dissemination of criminal history record information.
A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only to:
1. Authorized officers or employees of criminal justice agencies, as defined by § 9.1-101, for purposes of the
administration of criminal justice and the screening of an employment application or review of employment by a
criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole
Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making
parole determinations pursuant to subdivisions 1, 2, 3, and 5 of § 53.1-136 shall include collective dissemination by
electronic means every 30 days. For purposes of this subdivision, criminal history record information includes
information sent to the Central Criminal Records Exchange pursuant to §§ 37.2-819 and 64.2-2014 when
disseminated to any full-time or part-time employee of the State Police, a police department or sheriff’s office that is
a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the
prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth
for the purposes of the administration of criminal justice;
2. Such other individuals and agencies that require criminal history record information to implement a state or
federal statute or executive order of the President of the United States or Governor that expressly refers to criminal
conduct and contains requirements or exclusions expressly based upon such conduct, except that information
concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an
interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no
active prosecution of the charge is pending;
3. Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services
required for the administration of criminal justice pursuant to that agreement which shall specifically authorize
access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the
data;
4. Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an
agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to
research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;
5. Agencies of state or federal government that are authorized by state or federal statute or executive order of the
President of the United States or Governor to conduct investigations determining employment suitability or
eligibility for security clearances allowing access to classified information;
Law-enforcement access to involuntary admission and incapacity information. Provides that certain
information related to persons adjudicated incapacitated or ordered to involuntary inpatient or outpatient
treatment or to persons who were subject to a temporary detention order who agreed to voluntary admission may
be disseminated to a full-time or part-time employee of a law-
enforcement agency for purposes of the
administration of criminal justice.
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6. Individuals and agencies where authorized by court order or court rule;
7. Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or
controlled by any political subdivision, and any public service corporation that operates a public transit system
owned by a local government for the conduct of investigations of applicants for employment, permit, or license
whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if
the past criminal conduct of a person with a conviction record would be compatible with the nature of the
employment, permit, or license under consideration;
7a. Commissions created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2 and
their contractors, for the conduct of investigations of individuals who have been offered a position of employment
whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is
necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with
the nature of the employment under consideration;
8. Public or private agencies when authorized or required by federal or state law or interstate compact to investigate
(i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's
household, with whom the agency is considering placing a child or from whom the agency is considering removing
a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-
1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state
authority or court as may be required to comply with an express requirement of law;
9. To the extent permitted by federal law or regulation, public service companies as defined in § 56-1, for the
conduct of investigations of applicants for employment when such employment involves personal contact with the
public or when past criminal conduct of an applicant would be incompatible with the nature of the employment
under consideration;
10. The appropriate authority for purposes of granting citizenship and for purposes of international travel, including,
but not limited to, issuing visas and passports;
11. A person requesting a copy of his own criminal history record information as defined in § 9.1-101 at his cost,
except that criminal history record information shall be supplied at no charge to a person who has applied to be a
volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters of America; (ii) a volunteer fire company; (iii) the
Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia
affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of
a Crime Stoppers, Crime Solvers or Crime Line program as defined in § 15.2-1713.1;
12. Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as
defined in § 63.2-100 for dissemination to the Commissioner of Social Services' representative pursuant to § 63.2-
1702 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and
other adults living in family day care homes or homes approved by family day care systems, and foster and adoptive
parent applicants of private child-placing agencies, pursuant to §§ 63.2-1719, 63.2-1720, and 63.2-1721, subject to
the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data
subject, the Commissioner of Social Services' representative or a federal or state authority or court as may be
required to comply with an express requirement of law for such further dissemination;
13. The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept
public school employment and those current school board employees for whom a report of arrest has been made
pursuant to § 19.2-83.1;
14. The Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law (§ 58.1-4000 et
seq.), and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in
Article 1.1:1 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;
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15. Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants
for compensated employment in licensed nursing homes pursuant to § 32.1-126.01, hospital pharmacies pursuant to
§ 32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in
subsection E;
16. Licensed homes for adults, licensed district homes for adults, and licensed adult day care centers for the conduct
of investigations of applicants for compensated employment in licensed homes for adults pursuant to § 63.2-1720, in
licensed district homes for adults pursuant to § 63.1-189.1, and in licensed adult day care centers pursuant to § 63.2-
1720, subject to the limitations set out in subsection F;
17. The Alcoholic Beverage Control Board for the conduct of investigations as set forth in § 4.1-103.1;
18. The State Board of Elections and authorized officers and employees thereof and general registrars appointed
pursuant to § 24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited
to any record of felony convictions;
19. The Commissioner of Behavioral Health and Developmental Services for those individuals who are committed
to the custody of the Commissioner pursuant to §§ 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and
19.2-182.9 for the purpose of placement, evaluation, and treatment planning;
20. Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program
for (i) assessments of habitual offenders under § 46.2-360, (ii) interventions with first offenders under § 18.2-251, or
(iii) services to offenders under § 18.2-51.4, 18.2-266, or 18.2-266.1;
21. Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of
Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining
applicants' fitness for employment or for providing volunteer or contractual services;
22. The Department of Behavioral Health and Developmental Services and facilities operated by the Department for
the purpose of determining an individual's fitness for employment pursuant to departmental instructions;
23. Pursuant to § 22.1-296.3, the governing boards or administrators of private or religious elementary or secondary
schools which are accredited by a statewide accrediting organization recognized, prior to January 1, 1996, by the
State Board of Education or a private organization coordinating such records information on behalf of such
governing boards or administrators pursuant to a written agreement with the Department of State Police;
24. Public and nonprofit private colleges and universities for the purpose of screening individuals who are offered or
accept employment;
25. Members of a threat assessment team established by a public institution of higher education pursuant to § 23-
9.2:10 or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an
individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall
redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of
an individual beyond the purpose that such disclosure was made to the threat assessment team;
26. Executive directors of community services boards or the personnel director serving the community services
board for the purpose of determining an individual's fitness for employment pursuant to §§ 37.2-506 and 37.2-607;
27. Executive directors of behavioral health authorities as defined in § 37.2-600 for the purpose of determining an
individual's fitness for employment pursuant to §§ 37.2-506 and 37.2-607;
28. The Commissioner of Social Services for the purpose of locating persons who owe child support or who are
alleged in a pending paternity proceeding to be a putative father, provided that only the name, address,
demographics and social security number of the data subject shall be released;
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29. Authorized officers or directors of agencies licensed pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of
Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if
any applicant who accepts employment in any direct care position has been convicted of a crime that affects his
fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability,
or substance abuse pursuant to §§ 37.2-416, 37.2-506, and 37.2-607;
30. The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and
holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§ 46.2-2000 et seq.) and 21
46.2-2100 et seq.) of Title 46.2;
31. The chairmen of the Committees for Courts of Justice of the Senate or the House of Delegates for the purpose of
determining if any person being considered for election to any judgeship has been convicted of a crime;
32. Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an
individual's fitness for employment in positions designated as sensitive under Department of Human Resource
Management policies developed pursuant to § 2.2-1201.1. Dissemination of criminal history record information to
the agencies shall be limited to those positions generally described as directly responsible for the health, safety and
welfare of the general populace or protection of critical infrastructures;
33. The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1
and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§ 37.2-
900 et seq.);
34. Shipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or
repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of
investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other
visitors;
35. Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of
screening individuals who apply for, are offered, or have accepted such employment;
36. Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult
foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on
an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall
not be further disseminated by the agency to any party other than a federal or state authority or court as may be
required to comply with an express requirement of law for such further dissemination, subject to limitations set out
in subsection G;
37. The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who,
through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position
related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to
Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical
Assistance Services;
38. The State Corporation Commission for the purpose of investigating individuals who are current or proposed
members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§ 6.2-1600
et seq.) or Chapter 19 (§ 6.2-1900 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application
is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to
Chapter 16 or 19 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such
information to the applicant or its designee;
39. The Department of Professional and Occupational Regulation for the purpose of investigating individuals for
initial licensure pursuant to § 54.1-2106.1;
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40. The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for
the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering
comprehensive vocational rehabilitation services pursuant to Article 11 (§ 51.5-170 et seq.) of Chapter 14 of Title
51.5 that will assist the individual in obtaining employment;
41. Bail bondsmen, in accordance with the provisions of § 19.2-120;
42. The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful
incarceration meets the conditions for continued compensation under § 8.01-195.12;
43. The Department of Social Services and directors of local departments of social services for the purpose of
screening individuals seeking to enter into a contract with the Department of Social Services or a local department
of social services for the provision of child care services for which child care subsidy payments may be provided;
and
44. Other entities as otherwise provided by law.
Upon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be
relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the
defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has
been made under the provisions of this chapter.
Notwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer
authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases
of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person
named in the request to the person making the request; however, such person on whom the data is being obtained
shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction
data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is
maintained on the data subject, the person making the request shall be furnished at his cost a certification to that
effect.
B. Use of criminal history record information disseminated to noncriminal justice agencies under this section shall
be limited to the purposes for which it was given and may not be disseminated further.
C. No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record
information for employment or licensing inquiries except as provided by law.
D. Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to
dissemination of any criminal history record information on offenses required to be reported to the Central Criminal
Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall
be made prior to any dissemination except in those cases where time is of the essence and the normal response time
of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been
made for the dissemination of criminal history record information that is required to be reported to the Central
Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such
dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be
made by the criminal justice agency maintaining the record as required by § 15.2-1722.
E. Criminal history information provided to licensed nursing homes, hospitals and to home care organizations
pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified
in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.
F. Criminal history information provided to licensed assisted living facilities, licensed district homes for adults, and
licensed adult day care centers pursuant to subdivision A 16 shall be limited to the convictions on file with the
Exchange for any offense specified in § 63.1-189.1 or 63.2-1720.
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G. Criminal history information provided to public agencies pursuant to subdivision A 36 shall be limited to the
convictions on file with the Exchange for any offense specified in § 63.2-1719.
H. Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records
Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall
furnish at the employer's cost a copy of conviction data covering the person named in the request to the employer or
prospective employer making the request, provided that the person on whom the data is being obtained has
consented in writing to the making of such request and has presented a photo-identification to the employer or
prospective employer. In the event no conviction data is maintained on the person named in the request, the
requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal
history record search shall be conducted on forms provided by the Exchange.
§ 37.2-819. Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain
voluntary admissions forwarded to CCRE; firearm background check.
A. The order from a commitment hearing issued pursuant to this chapter for involuntary admission or mandatory
outpatient treatment and the certification of any person who has been the subject of a temporary detention order
pursuant to § 37.2-809 and who, after being advised by the judge or special justice that he will be prohibited from
possessing a firearm pursuant to § 18.2-308.1:3, subsequently agreed to voluntary admission pursuant to § 37.2-805
shall be filed by the judge or special justice with the clerk of the district court for the county or city where the
hearing took place as soon as practicable but no later than the close of business on the next business day following
the completion of the hearing.
B. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for involuntary admission
to a facility, the clerk of court shall, as soon as practicable but not later than the close of business on the next
following business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the
Exchange, a copy of the order. Upon receipt of any order from a commitment hearing issued pursuant to this chapter
for mandatory outpatient treatment, the clerk of court shall, prior to the close of that business day, certify and
forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of the order.
C. The clerk of court shall also, as soon as practicable but no later than the close of business on the next following
business day, forward upon receipt to the Central Criminal Records Exchange, on a form provided by the Exchange,
certification of any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and who,
after being advised by the judge or special justice that he will be prohibited from possessing a firearm pursuant to §
18.2-308.1:3, subsequently agreed to voluntary admission pursuant to § 37.2-805.
D. The Except as provided in subdivision A 1 of § 19.2-389, the copy of the forms and orders sent to the Central
Criminal Records Exchange pursuant to subsection B, and the forms and certifications sent to the Central Criminal
Records Exchange regarding voluntary admission pursuant to subsection C, shall be kept confidential in a separate
file and used only to determine a person's eligibility to possess, purchase, or transfer a firearm. No medical records
shall be forwarded to the Central Criminal Records Exchange with any form, order, or certification required by
subsection B or C. The Department of State Police shall forward only a person's eligibility to possess, purchase, or
transfer a firearm to the National Instant Criminal Background Check System.
§ 64.2-2014. Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any
order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the
circuit court for the county or city where the hearing took place as soon as practicable, but no later than the close of
business on the next business day following the completion of the hearing. The clerk shall properly index the
findings in the index to deed books by reference to the order book and page whereon the order is spread and shall
immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-
2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed
pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Commissioner of Elections with the
information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to
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the local department of social services of the jurisdiction where the person then resides. If a guardianship is
terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social
services to which the original order of appointment was forwarded and, if different, to the local department of social
services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as practicable, but no later than the close of business on the following business day,
certify and forward upon receipt to the Central Criminal Records Exchange, on a form provided by the Exchange, a
copy of any order adjudicating a person incapacitated under this article, any order appointing a conservator or
guardian pursuant to § 64.2-2115, and any order of restoration of capacity under § 64.2-2012. The Except as
provided in subdivision A 1 of § 19.2-389, the copy of the form and the order shall be kept confidential in a separate
file and used only to determine a person's eligibility to possess, purchase, or transfer a firearm.
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CHAPTER 659
An Act to amend and reenact §§ 37.2-808 and 37.2-1104 of the Code of Virginia, relating to temporary detention for
testing, observation, and treatment of a person who is the subject of an emergency custody order.
[S 1114]
Approved March 26, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-808 and 37.2-1104 of the Code of Virginia are amended and reenacted as follows:
§ 37.2-808. Emergency custody; issuance and execution of order.
A. Any magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his
own motion, an emergency custody order when he has probable cause to believe that any person (i) has a mental
illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near
future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or
threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to
protect himself from harm or to provide for his basic human needs, (ii) is in need of hospitalization or treatment, and
(iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. Any emergency custody
order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2.
This subsection shall not preclude any other disclosures as required or permitted by law.
When considering whether there is probable cause to issue an emergency custody order, the magistrate may, in
addition to the petition, consider (1) the recommendations of any treating or examining physician or psychologist
licensed in Virginia, if available, (2) any past actions of the person, (3) any past mental health treatment of the
person, (4) any relevant hearsay evidence, (5) any medical records available, (6) any affidavits submitted, if the
witness is unavailable and it so states in the affidavit, and (7) any other information available that the magistrate
considers relevant to the determination of whether probable cause exists to issue an emergency custody order.
B. Any person for whom an emergency custody order is issued shall be taken into custody and transported to a
convenient location to be evaluated to determine whether the person meets the criteria for temporary detention
pursuant to § 37.2-809 and to assess the need for hospitalization or treatment. The evaluation shall be made by a
person designated by the community services board who is skilled in the diagnosis and treatment of mental illness
and who has completed a certification program approved by the Department.
C. The magistrate issuing an emergency custody order shall specify the primary law-enforcement agency and
jurisdiction to execute the emergency custody order and provide transportation. However, in cases in which the
emergency custody order is based upon a finding that the person who is the subject of the order has a mental illness
and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future,
suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs
but there is no substantial likelihood that the person will cause serious physical harm to himself or others as
evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, the magistrate
shall consider any request to authorize transportation by an alternative transportation provider in accordance with
this section, whenever an alternative transportation provider is identified to the magistrate, which may be a person,
facility, or agency, including a family member or friend of the person who is the subject of the order, a
representative of the community services board, or other transportation provider with personnel trained to provide
transportation in a safe manner, upon determining, following consideration of information provided by the
petitioner; the community services board or its designee; the local law-enforcement agency, if any; the person's
Temporary detention for testing, observation, and treatment of person who is the subject of an emergency
custody order. Provides that a court or magistrate may issue an order for temporary detention for medical
testing, observation, and treatment for a person who is also the subject of an emergency custody order for
evaluation and treatment of mental illness. Upon completion of any required testing, observation, or treatment,
the hospital emergency room or other appropriate facility in which the person is temporarily detained shall notify
the nearest community services board, and a designee of the community services board shall complete the
evaluation as soon as is practicable but prior to the expiration of the order for temporary detention for testing,
observation, or treatment.
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treating physician, if any; or other persons who are available and have knowledge of the person, and, when the
magistrate deems appropriate, the proposed alternative transportation provider, either in person or via two-way
electronic video and audio or telephone communication system, that the proposed alternative transportation provider
is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe
manner. When transportation is ordered to be provided by an alternative transportation provider, the magistrate shall
order the specified primary law-enforcement agency to execute the order, to take the person into custody, and to
transfer custody of the person to the alternative transportation provider identified in the order. In such cases, a copy
of the emergency custody order shall accompany the person being transported pursuant to this section at all times
and shall be delivered by the alternative transportation provider to the community services board or its designee
responsible for conducting the evaluation. The community services board or its designee conducting the evaluation
shall return a copy of the emergency custody order to the court designated by the magistrate as soon as is
practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an
order to the court may be accomplished electronically or by facsimile.
Transportation under this section shall include transportation to a medical facility as may be necessary to obtain
emergency medical evaluation or treatment that shall be conducted immediately in accordance with state and federal
law. Transportation under this section shall include transportation to a medical facility for a medical evaluation if a
physician at the hospital in which the person subject to the emergency custody order may be detained requires a
medical evaluation prior to admission.
D. In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate
shall order the primary law-enforcement agency from the jurisdiction served by the community services board that
designated the person to perform the evaluation required in subsection B to execute the order and, in cases in which
transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. If the
community services board serves more than one jurisdiction, the magistrate shall designate the primary law-
enforcement agency from the particular jurisdiction within the community services board's service area where the
person who is the subject of the emergency custody order was taken into custody or, if the person has not yet been
taken into custody, the primary law-enforcement agency from the jurisdiction where the person is presently located
to execute the order and provide transportation.
E. The law-enforcement agency or alternative transportation provider providing transportation pursuant to this
section may transfer custody of the person to the facility or location to which the person is transported for the
evaluation required in subsection B, G, or H if the facility or location (i) is licensed to provide the level of security
necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security
necessary to protect the person and others from harm, and (iii) in cases in which transportation is provided by a law-
enforcement agency, has entered into an agreement or memorandum of understanding with the law-enforcement
agency setting forth the terms and conditions under which it will accept a transfer of custody, provided, however,
that the facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of
custody.
F. A law-enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in
which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order
pursuant to this section.
G. A law-enforcement officer who, based upon his observation or the reliable reports of others, has probable cause
to believe that a person meets the criteria for emergency custody as stated in this section may take that person into
custody and transport that person to an appropriate location to assess the need for hospitalization or treatment
without prior authorization. A law-enforcement officer who takes a person into custody pursuant to this subsection
or subsection H may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he
serves to any point in the Commonwealth for the purpose of obtaining the assessment. Such evaluation shall be
conducted immediately. The period of custody shall not exceed eight hours from the time the law-enforcement
officer takes the person into custody.
H. A law-enforcement officer who is transporting a person who has voluntarily consented to be transported to a
facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or
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town in which he serves may take such person into custody and transport him to an appropriate location to assess the
need for hospitalization or treatment without prior authorization when the law-enforcement officer determines (i)
that the person has revoked consent to be transported to a facility for the purpose of assessment or evaluation, and
(ii) based upon his observations, that probable cause exists to believe that the person meets the criteria for
emergency custody as stated in this section. The period of custody shall not exceed eight hours from the time the
law-enforcement officer takes the person into custody.
I. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining
emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in
this section.
J. A representative of the primary law-enforcement agency specified to execute an emergency custody order or a
representative of the law-enforcement agency employing a law-enforcement officer who takes a person into custody
pursuant to subsection G or H shall notify the community services board responsible for conducting the evaluation
required in subsection B, G, or H as soon as practicable after execution of the emergency custody order or after the
person has been taken into custody pursuant to subsection G or H.
K. The person shall remain in custody until a temporary detention order is issued, until the person is released, or
until the emergency custody order expires. An emergency custody order shall be valid for a period not to exceed
eight hours from the time of execution.
L. Nothing in this section shall preclude the issuance of an order for temporary detention for testing, observation, or
treatment pursuant to § 37.2-1104 for a person who is also the subject of an emergency custody order issued
pursuant to this section. In any case in which an order for temporary detention for testing, observation, or treatment
is issued for a person who is also the subject of an emergency custody order, the person may be detained by a
hospital emergency room or other appropriate facility for testing, observation, and treatment for a period not to
exceed 24 hours, unless extended by the court as part of an order pursuant to § 37.2-1101, in accordance with
subsection A of § 37.2-1104. Upon completion of testing, observation, or treatment pursuant to § 37.2-1104, the
hospital emergency room or other appropriate facility in which the person is detained shall notify the nearest
community services board, and the designee of the community services board shall, as soon as is practicable and
prior to the expiration of the order for temporary detention issued pursuant to § 37.2-1104, conduct an evaluation of
the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.
M. Any person taken into emergency custody pursuant to this section shall be given a written summary of the
emergency custody procedures and the statutory protections associated with those procedures.
M. N. If an emergency custody order is not executed within eight hours of its issuance, the order shall be void and
shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any
magistrate serving the jurisdiction of the issuing court.
N. O. (Expires June 30, 2018) In addition to the eight-hour period of emergency custody set forth in subsection G,
H, or K, if the individual is detained in a state facility pursuant to subsection E of § 37.2-809, the state facility and
an employee or designee of the community services board as defined in § 37.2-809 may, for an additional four
hours, continue to attempt to identify an alternative facility that is able and willing to provide temporary detention
and appropriate care to the individual.
O. P. Payments shall be made pursuant to § 37.2-804 to licensed health care providers for medical screening and
assessment services provided to persons with mental illnesses while in emergency custody.
§ 37.2-1104. Temporary detention in hospital for testing, observation or treatment.
A. Upon the advice of a licensed physician who has attempted to obtain consent and upon a finding of probable
cause to believe that an adult person within the court's jurisdiction is incapable of making an informed decision
regarding treatment of a physical or mental disorder condition or is incapable of communicating such a decision due
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to a physical or mental disorder condition and that the medical standard of care calls for testing, observation, or
treatment of the disorder within the next 24 hours to prevent death, or disability, or a serious irreversible to treat an
emergency medical condition that requires immediate action to avoid harm, injury, or death, the court or, if the
court is unavailable, a magistrate serving the jurisdiction may issue an order authorizing temporary detention of the
person by a hospital emergency room or other appropriate facility and authorizing such testing, observation, or
treatment. The detention may not be for a period exceeding 24 hours, unless extended by the court as part of an
order authorizing treatment under § 37.2-1101. If, before completion of authorized testing, observation, or treatment,
the physician determines that a person subject to an order under this subsection has become capable of making and
communicating an informed decision, the physician shall rely on the person's decision on whether to consent to
further testing, observation, or treatment. If, before issuance of an order under this subsection or during its period of
effectiveness, the physician learns of an objection by a member of the person's immediate family to the testing,
observation, or treatment, he shall so notify the court or magistrate, who shall consider the objection in determining
whether to issue, modify, or terminate the order.
B. A court or, if the court is unavailable, a magistrate serving the jurisdiction may issue an order authorizing
temporary detention for testing, observation, or treatment for a person who is also the subject of an emergency
custody order issued pursuant to § 37.2-808, if such person meets the criteria set forth in subsection A. In any case
in which an order for temporary detention for testing, observation, or treatment is issued for a person who is also
the subject of an emergency custody order pursuant to § 37.2-808, the hospital emergency room or other
appropriate facility in which the person is detained for testing, observation, or treatment shall notify the nearest
community services board when such testing, observation, or treatment is complete, and the designee of the
community services board shall, as soon as is practicable and prior to the expiration of the order for temporary
detention issued pursuant to subsection A, conduct an evaluation of the person to determine if he meets the criteria
for temporary detention pursuant to § 37.2-809.
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MISCELLANEOUS – SUMMARY ONLY
HB1401 and SB703 Uncodified Act - Designating the Trooper Jacqueline Vernon Memorial Bridge.
Designates the Interstate 395 bridge over S. Glebe Road in Arlington County the "Trooper Jacqueline Vernon
Memorial Bridge." This bill is identical to SB 703.
HB2183 and SB753 Uncodified Act - Designating the Trooper Andrew Fox Memorial Bridge. Designates the
New River Bridge on Interstate 81 in Montgomery and Pulaski Counties the "Trooper Andrew Fox Memorial
Bridge." This bill is identical to SB 753.
SB1303 Uncodified Act - Designating the Trooper Donald E. Lovelace Memorial Bridge. Designates the
Route 134 bridge that crosses U.S. Route 17 in York County the "Trooper Donald E. Lovelace Memorial Bridge."
SB1304 Uncodified Act - Designating the Trooper Garland Matthew Miller Memorial Bridge. Designates the
Barlow Road overpass that crosses Interstate 64 in York County the "Trooper Garland Matthew Miller Memorial
Bridge.
HB2184 and SB1259 - §§ 46.2-1600, 46.2-1601, 46.2-1602, 46.2-1603.2, 46.2-1605, 46.2-1608, and 46.2-1608.2. -
Salvage and rebuilt vehicles; penalty. Enhances and clarifies certain requirements and practices relating to the
licensing and activities of vehicle demolishers, rebuilders, salvage dealers, salvage pools, scrap metal processors,
and vehicle removal operators. This bill is identical to SB 1259.
HB1607 - § 32.1-282.1 - Per diem medicolegal death investigators. Authorizes the Chief Medical Examiner to
appoint per diem medicolegal death investigators to assist the Office of the Chief Medical Examiner with
medicolegal death investigations and provides that per diem medicolegal death investigators shall be agents of the
Commonwealth.
HB1859 and SB858 - §§ 10.1-115 through 10.1-119 - Conservation officers; Breaks Interstate Park. Establishes
qualifications and procedures for the commissioning as conservation officers of employees of Breaks Interstate Park,
a park located in both Kentucky and Virginia and administered by the Breaks Interstate Park Commission. The bill
gives all conservation officers jurisdiction over Virginia portions of the park, with the agreement of the
Commission, and obligates conservation officers to uphold the rules and regulations of the Commission. This bill is
identical to SB 858.
HB1961 - § 29.1-109 - Reciprocal law-enforcement agreements. Authorizes the Director of the Department of
Game and Inland Fisheries to enter into agreements with other states to enforce hunting, fishing, and trapping laws
across state boundaries.
HB2273 and SB1358 - § 62.1-132.12 - Virginia Port Authority police powers. Expands the police powers of the
Virginia Port Authority by allowing the Authority to employ special police officers on property owned, leased, or
operated by the Authority or its subsidiaries. This bill is identical to SB 1358.
HB1545 and SB685 - §§ 19.2-12, 19.2-56, 19.2-187 and 19.2-187.01 - United States Postal Service; inspectors.
Removes the word "Inspection" from references to the United States Postal Inspection Service in several criminal
procedure sections. The United States Postal Service restructured its law-enforcement agencies in 1997 and
currently has two federal law-enforcement agencies with jurisdiction to investigate Postal Service-related crimes. By
removing the word "Inspection," both agencies are included in Code sections governing conservators of the peace,
issuance of search warrants, and analysis of forensic evidence. This bill is identical to SB 685.
SB1311 - § 53.1-133.02 - Notice required upon transfer of prisoner. Requires the sheriff, superintendent, or
Department of Corrections to give notice to any victim of the offense for which a prisoner was incarcerated as soon
as practicable following the transfer of such prisoner. Under current law, such notice must be given at least 15 days
prior to the transfer.
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HB1499 and SB1427 - § 32.1-370 - Right to breastfeed in public places. Provides that a mother may breastfeed in
any place where the mother is lawfully present. Current law allows breastfeeding on any property owned, leased, or
controlled by the Commonwealth. This bill is identical to SB 1427.
HB1558 - § 2.2-3705.5 - Local and regional adult fatality review teams; penalty. Allows for the creation of local
or regional adult fatality review teams upon the initiative of any local or regional law-enforcement agency,
department of social services, emergency medical services agency, attorney for the Commonwealth's office, or
community services board. The bill provides that such teams may review the death of any person age 60 years or
older, or any adult age 18 years or older who is incapacitated, who resides in the Commonwealth and who is in need
of temporary or emergency protective services (i) who was the subject of an adult protective services or law-
enforcement investigation; (ii) whose death was due to abuse, neglect, or exploitation or acts suggesting abuse,
neglect, or exploitation; or (iii) whose death came under the jurisdiction of or was investigated by the Office of the
Chief Medical Examiner as occurring in any suspicious, unusual, or unnatural manner. A violation of the
confidentiality of the review process is punishable as a Class 3 misdemeanor.
SB817 - § 54.1-2523 - Prescription Monitoring Program; disclosure of information. Requires the Director of the
Department of Health Professions to disclose information from the Prescription Monitoring Program relevant to a
specific investigation, supervision, or monitoring of a specific recipient for purposes of the administration of
criminal justice to a probation or parole officer or local community-based probation officer who has completed the
Virginia State Police Drug Diversion School designated by the Director of the Department of Corrections or his
designee.
HB1694 and SB966 - §§ 16.1-340.1:1 and 37.2-809.1 - Temporary detention order; custody. Removes the
requirement that a person subject to a temporary detention order remain in the custody of the community services
board for the duration of the order. This requirement was in conflict with other Code sections that require that such
person remain in the custody of law enforcement until custody is transferred to a facility or to an alternative
transportation provider. This bill is identical to SB 966.
SB969 - §§ 2.2-3701 and 2.2-3707 - Virginia Freedom of Information Act (FOIA); exception to open meeting
requirements. Clarifies that the gathering or attendance of two or more members of a public body (i) at any place or
function where no part of the purpose of such gathering or attendance is the discussion or transaction of any public
business, and such gathering or attendance was not called or prearranged with any purpose of discussing or
transacting any business of the public body, or (ii) at a public forum, candidate appearance, or debate, the purpose of
which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction
of public business, even though the performance of the members individually or collectively in the conduct of public
business may be a topic of discussion or debate at such public meeting, is not a meeting under FOIA. The bill
contains a technical amendment.
SB1109 - § 2.2-3711 - Virginia Freedom of Information Act (FOIA); open meeting exemptions; discussions
relating to cybersecurity. Expands the open meeting exemption for the discussion of plans to protect public safety
as it relates to terrorism and security of governmental facilities to include the discussion of specific cybersecurity
threats or vulnerabilities, including the discussion of related records excluded from FOIA, where discussion in an
open meeting would jeopardize the safety of any person or the security of any facility, building, structure,
information technology system, or software program. The bill contains an emergency clause.
SB1129 - § 2.2-3705.2 - Virginia Freedom of Information Act; record exemption for public safety;
cybersecurity. Expands the current record exemption for plans and information to prevent or respond to terrorism to
include information not lawfully available to the public regarding specific cybersecurity threats or vulnerabilities or
security plans and measures of an entity, facility, building structure, information technology system, or software
program. The bill contains an emergency clause and technical amendments.
HB1606 and SB1217 - §§ 2.2-3701 and 9.1-101 - Private police departments. Defines "private police department"
as any police department that employs private police officers operated by an entity authorized by statute or an act of
assembly to establish a private police department. The bill provides that the authority of a private police department
is limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police or
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sheriff, any contiguous property. The bill also provides that private police departments and private police officers
shall be subject to and comply with the relevant laws and regulations governing municipal police departments and
shall meet the minimum compulsory training requirements for law-enforcement officers. The bill provides further
that any private police department in existence on January 1, 2013, that was not otherwise established by statute or
an act of assembly and whose status as a private police department was recognized by the Department of Criminal
Justice Services at that time may continue to operate as a private police department, provided that it complies with
the necessary requirements. The private police departments so recognized by the Department are the Aquia Harbor
Police Department, the Babcock and Wilcox Police Department, the Bridgewater Airpark Police Department, the
Carilion Police and Security Services Department, the Kings Dominion Park Police Department, the Kingsmill
Police Department, the Lake Monticello Police Department, the Massanutten Police Department, and the
Wintergreen Police Department. The bill contains an emergency clause. This bill is identical to SB 1217.
HB1718 - §§ 9.1-139 and 9.1-144 - Private investigators; personal protection specialist; independent
contractors. Allows a licensed private security services business to hire as an independent contractor a personal
protection specialist or private investigator who has been issued a registration by the Department of Criminal Justice
Services. The bill also requires such independent contractors to maintain comprehensive general liability insurance.
HB188 and SB1184 - §§ 9.1-102, 44-146.18 and adding 15.2-1718.2 - Missing persons; search and rescue.
Provides that no local law-enforcement agency shall establish or maintain any policy that requires a waiting period
before accepting a critically missing adult report and requires a local law-enforcement agency that receives such a
report to initiate an investigation of the case within two hours of receipt. The bill defines a critically missing adult as
any missing adult 21 years of age or older whose disappearance indicates a credible threat to the health and safety of
the adult as determined by a law-enforcement agency and under such other circumstances as deemed appropriate
after consideration of all known circumstances. The bill requires the Department of Criminal Justice Services to
establish training standards and publish a model policy for missing children, missing adults, and search and rescue
protocol. The bill also requires the Department of Emergency Management to establish a Coordinator of Search and
Rescue. This bill is a recommendation of the Virginia State Crime Commission and is identical to SB 1184.
HB2342 and SB1430 - § 46.2-1601.1 - Display of salvage license numbers. Prohibits advertising to the public the
sale, transport, delivery, removal, or receipt of a salvage or nonrepairable vehicle, or the major component parts of
such vehicle, unless the seller is a licensee or an exempt individual. The bill requires a licensee advertiser to display
its salvage license number in such advertisement and to state in any such advertisement placed in a newspaper,
online, or by other electronic means the company's name, address, and telephone number in addition to its salvage
license number. This bill is identical to SB 1430.
SB1121 - § 2.2-603 - IT responsibility of agency directors. Provides that the director of every department in the
executive branch of state government shall be responsible for securing the electronic data held by his department
and shall comply with the requirements of the Commonwealth's information technology security and risk
management program as developed by the Chief Information Officer.
HB2082 - § 8.01-225 - Civil immunity for rendering emergency care; forcible entry of motor vehicle to
remove a minor. Provides that the civil immunity granted for rendering emergency care or assistance includes the
forcible entry of a motor vehicle to remove an unattended minor at risk of serious bodily injury or death, provided
the person has attempted to contact a law-enforcement officer, a firefighter, emergency medical services personnel,
or an emergency 911 system prior to such entry, if feasible under the circumstances.
SB1377 - § 2.2-1150.2 - Department of General Services; state-owned communication towers; charges for use.
Removes the requirement that the amount charged to lease use of a state-owned communication tower be
commensurate with the amount paid for use of comparable space on similar towers.
SB997 - § 32.1-111.5 - Emergency medical services personnel; background checks; process. Allows local
governments, by adoption of an ordinance, to use an alternative method for criminal history background checks for
emergency medical services personnel. Emergency medical services agencies in such localities shall require
applicants to submit fingerprints and personal identifying information to be provided directly to the Central Criminal
Records Exchange, which shall forward the results of the state and national records search to the local government
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or chief law-enforcement officer of the locality, who shall notify the Office of Emergency Medical Services of the
applicant's eligibility for employment or volunteer service. This bill incorporates SB 837.
HB2092 and SB1094 - § 9.1-102 is amended by sections numbered 9.1-116.2 and 9.1-116.3 - Sexual and domestic
violence; establishment of committees. Establishes the Virginia Sexual and Domestic Violence Program
Professional Standards Committee and requires the Department of Criminal Justice Services to administer its
activities by providing technical assistance and administrative support. This Committee is tasked with establishing
voluntary accreditation standards and procedures by which local sexual and domestic violence programs can be
systematically measured and evaluated with a peer-reviewed process. An Advisory Committee on Sexual and
Domestic Violence is also established and has the responsibility for advising and assisting state and local entities on
matters related to the prevention and reduction of sexual and domestic violence and to promote the efficient
administration of grant funds. This bill incorporates HB 1954, is identical to SB 1094, and is a recommendation of
the Virginia State Crime Commission.
SB845 - § 8.01-225.3 - Immunity for volunteer first responders en route to an emergency. Provides that no
volunteer firefighter or volunteer emergency services personnel shall be liable for any injury to persons or property
arising out of the operation of an emergency vehicle when such volunteer is en route to respond to a fire or to render
emergency care or assistance to any ill or injured person at the scene of an accident, fire, or life-threatening
emergency and the emergency vehicle displays warning lights and sounds a siren, exhaust whistle, or air horn,
unless such injury results from gross negligence or willful or wanton misconduct. Such immunity shall be in
addition to, not in lieu of, any other applicable immunity provided by state or federal law.
SB908 - § 19.2-392.2 - Expungement of police and court records; hearing. Provides that within 21 days after
being served with a petition requesting expungement of police and court records, the attorney for the
Commonwealth may give written notice to the court that he does not object to the petition and, if the charge to be
expunged is a felony, that he stipulates that the continued dissemination of such records constitutes a manifest
injustice to the petitioner. If such notice is given, the court may enter an order of expungement without conducting a
hearing. This bill is a recommendation of the Virginia Criminal Justice Conference.
HB1466 and SB1048 - § 30-34.2:1 - Capitol Police; security for Governor-elect, Lieutenant Governor-elect,
Attorney General-elect, and members of the Court of Appeals. Expands the jurisdiction of the Capitol Police for
the purpose of providing security for the Governor-elect, Lieutenant Governor-elect, Attorney General-elect, and
members of the Court of Appeals. Under current law, the Capitol Police have expanded jurisdiction when providing
security for the Governor and his family, the Lieutenant Governor, the Attorney General, members of the General
Assembly, and members of the Supreme Court of Virginia. This bill contains technical amendments and is identical
to SB 1048.
HB1824 - § 46.2-105.1 - Unlawful provision of driver's license examination answers. Provides that it is a Class 2
misdemeanor for a person to communicate by any means to a person taking an examination, during the examination,
any information purporting to be answers to questions intended to be used by the Department of Motor Vehicles in
conducting an examination. Under current law, it is unlawful to receive or furnish written or printed material
purporting to be answers to such questions.
HB1957 - § 46.2-383 - Juvenile records; Department of Motor Vehicles. Provides that Department of Motor
Vehicles information on juvenile offenses that do not involve the operation of a motor vehicle shall be available
only to the person himself, his parent or guardian, law-enforcement officers, attorneys for the Commonwealth, and
courts. This bill is a recommendation of the Virginia State Crime Commission.
HB1890 and SB942 - §§ 51.1-142.2 and 51.1-142.3 - Virginia Retirement System; purchase of service credit for
prior service. Makes numerous changes to the purchase of service credit program to simplify it and make it more
cost-neutral to the Retirement System fund and more in line with other states' programs. The bill has a delayed
effective date of January 1, 2017.
HB2049 - § 19.2-190.1 - Preliminary hearing; certification of ancillary misdemeanor offenses. Provides that if,
pursuant to a preliminary hearing, a district court certifies felony offenses to be tried in a circuit court, the court shall
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also certify any ancillary misdemeanor offense for trial in circuit court if the accused and the attorney for the
Commonwealth consent to such certification.
SB1133 - § 2.2-3103 - Prohibited conduct by state and local government officers and employees; retaliation.
Prohibits a state or local government officer or employee from using his public position to retaliate or threaten
retaliation against any person for expressing views on matters of public concern or for exercising any right that is
otherwise protected by law. The bill provides, however, that the prohibition does not (i) restrict the authority of any
public employer to govern conduct of its employees, and to take disciplinary action, in accordance with applicable
law or (ii) limit the authority of a constitutional officer to discipline or discharge an employee with or without cause.
HB2081 - § 40.1-28.7:5 - Employers; disclosure of social media account information. Prohibits an employer
from requiring a current or prospective employee to disclose the username and password to his social media
account. The measure also prohibits an employer from requiring an employee to add an employee, a supervisor, or
an administrator to the list of contacts associated with the employee's social media account.
SB794 - § 19.2-271 - Testimony of certain judicial personnel. Clarifies that certain persons who have the power to
issue warrants are competent to testify in a criminal proceeding in which the defendant is charged with perjury.
HB2204 - §§ 9.1-400, 9.1-401, 9.1-402 through 9.1-405 and 9.1-407 and adding, 9.1-400.1 and Article 3.1 of
Chapter 1 of Title 51.1 a section numbered 51.1-124.37 -Line of Duty Act. Revises the Line of Duty Act (the Act)
by codifying revisions to the Act in the appropriation act, transferring overall administration of the Act to the
Virginia Retirement System (VRS), transferring administration of health insurance benefits under the Act to the
Department of Human Resource Management (DHRM), and providing for an administrative appeal process. The bill
also directs VRS and DHRM, with the input of all stakeholders, to develop proposals on how to improve the Act and
ensure its long-term fiscal viability. Except for the development of proposals by VRS and DHRM, the bill becomes
effective July 1, 2016, and only if reenacted by the 2016 Session of the General Assembly.
SB1434 - §§ 32.1-309.1 and 32.1-309.2 - Disposition of dead bodies. Provides that in cases in which the identity of
a decedent and the county or city in which the decedent resided at the time of death are known, the person or
institution having initial custody of the dead body shall notify the primary law-enforcement agency for the county or
city in which the decedent resided of the decedent's death, and such law-enforcement agency shall make good faith
efforts to identify and notify the decedent's next of kin. Currently, the primary law-enforcement agency for the
county or city in which the person or institution having initial custody of the dead body is located is responsible for
making good faith efforts to identify the decedent and notify the decedent's next of kin.
HB1790 - § 2.2-4350.1 - Prohibition on payments without an appropriation; prohibition on IOUs. Prohibits a
state agency or official from attempting, guaranteeing, or purporting to pay for a good or service or a debt unless the
General Assembly has appropriated funds, or funds are otherwise lawfully available, to pay the same. The
prohibition on payment does not apply to payments required by federal law. The bill also prohibits a state agency or
official from furnishing an IOU in exchange for any good or service, as a means to pay for any good or service, or in
lieu of a payment on a debt.
HB1570 - §§ 15.2-2292, 19.2-389, 19.2-392.02, 63.2-100, 63.2-1702, 63.2-1704, 63.2-1720 through 63.2-1723,
63.2-1725 and 63.2-1727 and adding sections numbered 63.2-1701.1 63.2-1704.1, 63.2-1720.1 and 63.2-1721.1 -
Family day homes and child day centers; licensure; background checks; reporting; notice. Requires
fingerprint-based national criminal history records checks for licensed child day centers and family day homes and
requires employees and volunteers of such child day centers and family day homes to notify the provider if they are
convicted of a barrier crime or subject to a founded complaint of child abuse or neglect. The bill adds the offenses
that require registration in the Sex Offender and Crimes Against Minors Registry to the list of barrier crimes specific
to family day homes. The bill lowers from five to four the maximum number of children for whom a family day
home may provide care without a license, exclusive of the provider's children and any children who reside in the
home. The bill requires (i) local commissioners of the revenue or other local business license officials to report to
the Department of Social Services (the Department) semiannually the contact information for any child day center or
family day home to which a business license was issued; (ii) unlicensed and unregistered family day homes, other
than those in which all of the children receiving care are related to the provider by blood or marriage, to provide
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written notice to parents stating that the family day home is not regulated by the Department and referring the
parents to a website maintained by the Department for additional information; and (iii) child day centers and family
day homes that contract with the Department to provide child care services that are funded by the Child Care and
Development Block Grant to comply with all requirements established by federal law and regulation. The bill also
requires the Department to (a) develop recommendations related to appropriate criminal and civil penalties for
individuals who wrongfully operate a child day center or family day home without a license or provide care for more
children than the maximum number permitted under their license; (b) report on the requirements established in the
Child Care and Development Block Grant to the Senate Committee on Rehabilitation and Social Services and the
House Committee on Health, Welfare and Institutions by December 1, 2015; (c) develop and make available to child
day centers and family day homes training and technical information and assistance regarding compliance with new
licensure requirements established in the bill; and (d) work with certain localities authorized to regulate and license
family day homes to identify and address any differences between ordinances adopted by such localities and state
regulations for the licensure of family day homes. The provisions of the bill that require licensure of family day
homes providing care for five or more children have a delayed effective date of July 1, 2016. The provisions of the
bill that require fingerprint-based national criminal history records checks have a delayed effective date of July 1,
2017. This bill is identical to SB 1168.
HB1835 and SB1371 - §§ 2.2-2012, 2.2-4301, 2.2-4302.2, 2.2-4303, 2.2-4304, 2.2-4343, 23-38.110 and 33.2-283
and adding sections numbered 2.2-4303.1 and 2.2-4303.2 - Virginia Public Procurement Act (VPPA); methods
of procurement; job order contracting and cooperative procurement. Clarifies that small purchase procedures
include the procurement of non-transportation-related construction and that any such procedures shall not waive
compliance with the Uniform State Building Code. The bill adds independent agencies of the Commonwealth to the
definition of public body under the VPPA. The bill also increases contract amounts for job order contracting and
provides that (i) order splitting with the intent of keeping a job order under the maximum dollar amounts prescribed
is prohibited; (ii) no public body shall issue or use a job order, under a job order contract, solely for the purpose of
receiving professional architectural or engineering services that constitute the practice of architecture or the practice
of engineering as those terms are defined in § 54.1-400; however, professional architectural or engineering services
may be included on a job order where such professional services are (a) incidental and directly related to the job, (b)
do not exceed $25,000 per job order, and (c) do not exceed $75,000 per contract term; and (iii) job order contracting
shall not be used for construction, maintenance, or asset management services for a highway, bridge, tunnel, or
overpass. The bill clarifies the provisions of the VPPA relating to cooperative procurement and requires that by
October 1, 2017, the Department of Small Business and Supplier Diversity, public institutions of higher education
having level 2 or 3 authority under the Restructured Higher Education Financial and Administrative Operations Act
of 2005, any state agency utilizing job order contracting, and the Virginia Association of Counties, the Virginia
Municipal League, and the Virginia Association of Governmental Purchasing, on behalf of local public bodies,
working cooperatively, report their respective experiences and findings relating to the appropriateness and
effectiveness of job order contracting in general, the job order project cost limitations as added by this bill, and the
architectural and professional engineering term contract limits to the Chairmen of the House Committee on General
Laws and the Senate Committee on General Laws and Technology. The bill also requires, for construction projects
in excess of $2 million, that a public body, including public institutions of higher education, provide its justification
for use of any procurement method other than competitive sealed bidding to the Director of the Department of
General Services. The bill requires the State Corporation Commission (SCC) to develop a process for the
administrative review of its procurement decisions that is consistent with the Constitution of Virginia. The bill
further provides that its provisions shall not apply to any solicitation issued or contract awarded before July 1, 2015,
except that the provisions of subsection B of § 2.2-4303.2, as added by the bill, shall apply to any renewal of a job
order contract. The bill contains numerous technical amendments and is a recommendation of the General Laws
Special Joint Subcommittee Studying the Virginia Public Procurement Act. This bill is identical to SB 1371.
HB2070 and SB1424 - §§ 2.2-115, 2.2-206.2, 2.2-419, 2.2-420, 2.2-424, 2.2-426, 2.2-430, 2.2-431, 2.2-3101,
2.2-3103.1, 2.2-3104, 2.2-3104.01, 2.2-3106, 2.2-3114 through 2.2-3118, 2.2-3121, 2.2-3124, 30-101,
30-103.1, 30-110, 30-111, 30-124, 30-126, 30-355, 30-356, and 30-357 and adding 2.2-3103.2 and 30-356.1 - State
and Local Government Conflict of Interests Act, General Assembly Conflicts of Interests Act, and Virginia
Conflict of Interest and Ethics Advisory Council; certain gifts prohibited; approvals required for certain
travel. Removes the distinction between tangible and intangible gifts and prohibits any state or local officer or
employee, member of the General Assembly, and certain candidates from soliciting, accepting, or receiving within
any calendar year a single gift with a value exceeding $100 or a combination of gifts with a value exceeding $100
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from certain persons; however, such prohibition does not apply to gifts from personal friends. The bill also prohibits
the immediate family of such officers, employees, members, or candidates from soliciting, accepting, or receiving
such gifts. The bill provides an exception for gifts received at widely attended events, which are those events at
which at least 25 persons have been invited to attend or there is a reasonable expectation that at least 25 persons will
attend the event. The bill requires disclosure of any single gift or entertainment, or any combination of gifts or
entertainment, with a value exceeding $50. The bill also requires persons subject to the Conflict of Interest Acts to
request approval from the Virginia Conflict of Interest and Ethics Advisory Council (the Council) and receive the
approval of the Council prior to accepting or receiving any travel-related transportation, lodging, meal, hospitality,
or other thing of value provided by certain third parties that has a value exceeding $100. The bill modifies the
current composition of the Council, reducing the number of members from 15 to 9 and requires that there be
bipartisan balance of the General Assembly members appointed to the Council. The bill requires electronic filing of
disclosure forms with the Council and provides that local officers and employees will file disclosure forms locally
instead of with the Council. The bill provides that the making of a knowing and intentional false statement on a
disclosure form is punishable as a Class 5 felony. The bill also prohibits the Governor, his campaign committee, and
any political action committee established on his behalf from knowingly soliciting or accepting a contribution, gift,
or other item with a value greater than $100 from persons and entities seeking loans or grants from the
Commonwealth's Development Opportunity Fund (the Fund), restricts such gifts and contributions from persons and
entities seeking loans or grants from the Fund, and provides that any violation shall result in a civil penalty of $500
or up to two times the amount of the contribution or gift, whichever is greater. The bill has a delayed effective date
of January 1, 2016, except the provisions of the bill related to the Council and its duties become effective July 1,
2015. This bill incorporates HB 1598, HB 1667, HB 1689, HB 1919, HB 1947, and HB 2060 and is identical to SB
1424.
HB2125 and SB1301 - § 19.2-60.1 - Use of unmanned aircraft systems by public bodies; search warrant
required. Replaces the moratorium currently set to expire on July 1, 2015, on the use of unmanned aircraft systems
by state and local law-enforcement and regulatory entities, except in defined emergency situations or in training
exercises related to such situations, with an absolute prohibition on the use of unmanned aircraft systems by such
law-enforcement and regulatory entities unless a search warrant has been obtained prior to such use. The warrant
requirement does not apply to (i) utilization of such systems to support the Commonwealth for purposes other than
law enforcement; (ii) certain search and rescue operations; (iii) certain Virginia National Guard and United States
Armed Forces functions; (iv) research and development conducted by institutions of higher education or other
research organizations; or (v) the use of unmanned aircraft systems for private, commercial, or recreational use.
HB2206 and SB1195 - §§ 9.1-150.2, 15.2-1748 and 19.2-13 - Special conservators of the peace; training, orders
of appointment, registration, etc. Makes various changes to the laws providing for the appointment of special
conservators of the peace, including (i) requiring the Criminal Justice Services Board to adopt regulations
establishing compulsory training standards of 98 hours for unarmed special conservators of the peace and 130 hours
for armed special conservators of the peace; (ii) specifying that the court retains jurisdiction over the special
conservator of the peace's appointment order throughout the length of the appointment; (iii) providing that a copy of
the application for appointment of a special conservator of the peace shall be transmitted to the local attorney for the
Commonwealth and the local sheriff or chief of police, who may submit to the court a sworn, written statement
regarding the appointment; (iv) providing a process for the revocation of a special conservator of the peace's
appointment; (v) restricting the geographical limitations of a special conservator of the peace appointed to provide
services for a corporate applicant to the real property where the applicant is located, or any real property contiguous
to such property; (vi) providing that the appointment order may permit the special conservator of the peace to use
the seal of the Commonwealth and the title "police" upon request for good cause shown; (vii) prohibiting the special
conservator of the peace from using blue flashing lights, but providing that the appointment order may permit the
use of flashing lights and sirens upon request and for good cause shown; (viii) requiring that the appointment order
specify the geographical limitations of the special conservator of the peace's authority; (ix) requiring all applicants
for temporary registration to submit the results of a background investigation to the Department of Criminal Justice
Services (the Department); (x) prohibiting persons required to register with the Sex Offender and Crimes Against
Minors Registry from being appointed as special conservators of the peace; (xi) requiring a special conservator of
the peace to report if he is arrested for, charged, with, or convicted of certain misdemeanor or felony offenses within
3 days; (xii) removing the option for a special conservator of the peace to be covered by a bond in lieu of insurance;
(xiii) requiring all persons currently appointed or seeking appointment or reappointment as a special conservator of
the peace to register with the Department; and (xiv) permitting localities to enter into mutual aid agreements with
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any entity employing special conservators of the peace that is located in such locality for the use of their joint forces
and their equipment to maintain peace and good order. The bill provides that any existing special conservator of the
peace has 36 months to comply with any new compulsory, minimum, entry-level training standards and
requirements established following his appointment. This bill is identical to SB 1195.

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