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For Release: July 1, 2008
Contact: J. Tucker Martin or David Clementson
Email: tucker.martin@oag.state.va.us or dclementson@oag.state.va.us
Phone: 804-786-2071

McDonnell Legislation Takes Effect Today

Includes Measures on Immigration, Counterfeit Goods, Animal Fighting, Mental Health Reform 

RICHMOND - Legislation advanced by Attorney General Bob McDonnell in his 2008 legislative package takes effect today. McDonnell’s 2008 agenda focused on a more effective government, and the implementation of important reforms to address specific problems facing the citizens of Virginia.

Among the McDonnell initiatives passed into law were bills requiring jail officials to determine the legal status of all arrestees, and subsequently requiring the presumption of no bond for illegal aliens charged with certain offenses. The package also included a significant reform of antiquated animal fighting laws in Virginia. Additionally, a number of critical mental health reforms were passed into law. The Attorney General’s anti-counterfeiting legislation was also successful. (For more information on this legislation, please see the press release from yesterday’s event: www.vaag.com/PRESS_RELEASES/NewsArchive/063008_NewLaws.html) Finally, several new measures were secured to increase accountability in government.

“Today we see enacted a number of important reforms to the laws of Virginia,” Attorney General McDonnell said. “In the past year we all learned that our mental health system needed significant changes. In a bipartisan effort we achieved important results to improve the system. We joined with The United States Humane Society and the Richmond SPCA to combat the inhumane practice of animal fighting in the Commonwealth. We worked across party lines to make Virginia a national leader in the effort to protect consumers and businesses from counterfeit products. Finally, we continued to confront the growing problem of criminal illegal immigration by requiring our jail officials to determine the legal status of all arrestees, and creating the presumption of no bail for illegal aliens charged with serious crimes.”

McDonnell continued, “I thank all the sponsors of our 2008 legislative agenda. These new laws address important issues facing the Commonwealth. Over the past three years we have achieved much success in advancing a common-sense agenda of reform.”

The Attorney General’s 2008 legislative package consisted of 30 initiatives, of which 25 were passed into law. Taken together with the Attorney General’s 2007 agenda, which saw 38 of 43 initiatives passed into law, and his 2006 agenda, which saw 20 of 21 become law, Attorney General McDonnell has seen 83 of his 94 legislative proposals become law through his three sessions as Attorney General, a success rate of 88 percent.

The Attorney General’s legislative packages consist of measures that have been worked on, or crafted by, the Office of the Attorney General.

Highlights of McDonnell Legislation Taking Effect Today:

A Stronger and More Responsive Mental Health System for the 21st Century

Ensure Access to Mental Health Information and Modify Standard for Involuntary Commitment for Mentally Ill
HB499    Patron: Delegate Phil Hamilton (R-Newport News)                         

• Requires mental health providers, upon request, to share all medical information necessary of persons who are being examined to certain entities and individuals.
• Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment proceedings. 
• Provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available.
• The bill also sets forth how such mandatory outpatient treatment will be monitored and how a person's noncompliance with such treatment will be addressed.

Transfer of Critical Mental Health Information to the Central Criminal Records Exchange with Regards to Firearms
HB815          Patron: Delegate David Albo (R-Springfield),
                     Co-Patron Delegate Morgan Griffith (R-Salem)                               

• Requires information regarding involuntary admission to a facility or for mandatory outpatient treatment be forwarded to the Central Criminal Records Exchange for purposes of determining an individual's eligibility to possess, purchase, or transfer a firearm. 
• The bill makes it illegal for a person found incompetent to stand trial and ordered to mental health treatment to possess or purchase a firearm. 
• The bill also makes it illegal for a person who was the subject of a temporary detention order, and subsequently agreed to voluntarily admission for mental health treatment, to possess or purchase a firearm. 

Combating Illegal Immigration

Prohibit Public Contractors from Knowingly Employing Unauthorized Aliens
SB517          Patron: Senator Ken Cuccinelli (R-Fairfax)                              

• Requires that all public bodies provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien.

Establish a Presumption Against Bail for Illegal Aliens Who Commit Crimes
HB440            Patron: Delegate Tom Rust (R-Herndon)                                                    

• Adds a presumption of no bail for any person who is charged with certain crimes who is not lawfully present in the United States.

Cross-Check Info on Inmates Arrested and Currently in DOC and Jails Against LESC Illegal Alien Database
HB820            Patron: Delegate Dave Albo (R-Fairfax),
                       Co-Patron Delegate Tom Rust (R-Herndon)                                                     

• Requires an officer in charge of a jail or correctional facility to inquire of a person in his custody as to whether the person was born in or is a citizen of the United States, and make an immigration alien query with ICE, for certain individuals. The jail officer shall communicate the results of this immigration alien query to the Local Inmate Data System of the State Compensation Board. Any query confirming that a person is illegally present in the United States shall be reported monthly to the Central Criminal Records Exchange.

Consumer Protections that Are Good For Business

Penalties for Trademarks and Service marks Counterfeiting
SB 577            Patron: Senator Dick Saslaw (D-Fairfax)                                   
HB1363          Patron: Delegate Ben Cline (R-Lexington)  
                                

• Expands the scope of laws protecting trademarks and service marks to include such marks registered with the federal government.
• Increases the penalties for counterfeiting.

Anti-Pyramid Scheme Protection
SB95       Patron: Senator Roscoe Reynolds (D- Martinsville)                   
HB990    Patron: Delegate Robert Bell (R-Charlottesville)                                      

• Clearly defines activities of pyramid promotional schemes.
• In addition to the Class 1 misdemeanor for contriving, preparing, setting up, operating, advertising or promoting a pyramid promotional scheme, the bill also states that a violation of this code constitutes a prohibited practice under the Virginia Consumer Protection Act.

A Safer Virginia

Entry of Protective Orders into VCIN
SB540             Patron: Senator Mark Obenshain (R-Harrisonburg)                 
HB753            Patron:Delegate Chris Peace (R-Mechanicsville)                                     

• Provides that when a protective order is issued, the district court shall enter information into the Virginia Criminal Information Network (VCIN) system by the end of the business day, and a copy of the order shall also be delivered to the primary law-enforcement agency responsible for service.  This will help to establish the precise time when protective orders are entered so that victims can be protected and so that when they expire they can be cleared from VCIN.
• The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange.

Violence Against Women Act Amendments
SB439             Patron: Senator Jill Holtzman Vogel (R- Warrenton)                 

• States when in the criminal process the victim of a sexual assault may request and when the court may order a defendant to submit to tests for human immunodeficiency virus and hepatitis B or C viruses.

Creation of a Prisoner Reentry System in the Department of Corrections
SB200             Patron: Senator Toddy Puller (D-Mount Vernon)                       
HB651            Patron: Delegate Tommy Wright (R-Amelia)                               

• Requires the Department of Corrections to develop and implement a comprehensive reentry program for eligible inmates.
• Each plan would identify any educational, vocational, therapeutic, and other programs necessary to prepare the person for successful transition from prison to society upon the person's discharge and shall include mentor pairing to the extent possible. 

Ending Animal Fighting for Sport
SB592             Patron: Senator Tommy Norment (R-Williamsburg)                   
HB656            Patron: Delegate Morgan Griffith (R-Salem)                              

• Provides that engaging in the fighting of any animals is a Class 1 misdemeanor, while dog fighting remains a Class 6 felony. Lawful hunting or farming activities are excluded.
• Possession of any materials intended to enhance the ability of animals to fight, permitting a minor to become involved in animal fighting, or wagering on animal fighting raises any such offense to a Class 6 felony.
• Animals that are the subject of such criminal charges may be forfeited to the locality, but the owner may post bond to retain his ownership interest and repossess the animals if the court issues a finding of not guilty.
• Law-enforcement officers would be permitted to conduct searches at any time upon the issuance of warrants. Currently, such officers may be limited to conducting searches during the day.

Health Care Provider Liability Protections
SB657             Patron: Senator Stephen Newman (R-Forest)                            
HB403            Patron: Delegate Phil Hamilton (R- Newport News)              

• Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care.
• The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during any disaster to receive reimbursement for their actual and necessary expenses.

Custody Relinquishment
HB1489          Patron: Delegate William Fralin (R-Roanoke)                            

• Eliminates the requirement that a foster care plan for a child placed out of his home be filed by a public agency, other than a local board of social services, designated by a community policy and management team.
• Currently, such agencies must file a foster care plan when placing a child through an agreement with the child's parents or guardians where legal custody remains with the parents or guardians.

Accountability and Transparency in Government

Misuse of Public Assets

SB350             Patron: Senator Roscoe Reynolds (D- Martinsville)                   
HB1362          Patron: Delegate Ben Cline (R-Lexington)                                 

• Provides that any full time officer, agent, or employee of the Commonwealth who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to their duties of their office when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.
• The bill defines public assets as any personal property belonging to or paid for by a public body or the labor of any person other than the accused that is paid for by the public body. 

Establish Public Participation Guidelines
HB1167          Patron: Delegate Chris Saxman (R-Staunton)

• Requires, on or before July 1, 2008, the Department of Planning and Budget, in consultation with the Office of the Attorney General, to develop standard public participation guidelines and provide these standard public participation guidelines to each agency that has the authority to promulgate regulations.