2013 Legislative Agenda of Attorney General Cuccinelli

RICHMOND (January 10, 2013) - Attorney General Ken Cuccinelli's legislative agenda for the 2013 General Assembly session is below.

"This year, we are doing even more to fight the scourge of human trafficking, we are making it easier for those wrongly convicted to be freed, and we are increasing the ability of candidates to get on the ballot," said Cuccinelli.  "We are also increasing our effectiveness in fighting Medicaid fraud, which robs millions of dollars each year from taxpayers and the needy."

If you have questions or would like to do a more in-depth story on any particular bill, please contact Brian Gottstein at This email address is being protected from spambots. You need JavaScript enabled to view it..

Some details such as bill numbers are not yet known. Additionally, the attorney general may also support various legislators' bills throughout the session.

HIGHLIGHTED BILLS

Human Trafficking/Abduction Proposals

• Making it a felony offense to solicit a minor for prostitution (Hugo HB1606, Howell SB1015)
• Allowing law enforcement officers to have additional jurisdiction to investigate human trafficking/abduction cases (Villanueva HB1826)
• Adding human trafficking to the list of crimes a multi-jurisdictional grand jury can investigate (R. Bell HB1870)

Ballot Access

• Lowering the statewide signature requirement to 5,000 signatures and 200 signatures per congressional district (Cole HB1346)
• Re-establishing a limited appeal of SBE's review of the validity of signatures on a candidate petition. The State Board of Elections shall develop procedures for the conduct of such an appeal.
• Providing the ability for independent candidates to substitute electors up until the filing deadline
• Requiring that party chairmen certify that a review of candidate petitions for primary qualification has taken place (Anderson HB2147)
• Clarifying legislation to establish that qualified voter signatures are the measure used when determining the validity of signatures on a candidate petition (Edwards SB1049)

Writ of Actual Innocence

• Changing "could" to "would" to change the standard to allow the court to properly weigh the evidence of a defendant's innocence: "...no rational trier of fact could would have found sufficient evidence beyond a reasonable doubt as to one or more elements of the offense for which the petitioner was convicted"
• Allowing the attorney general to proffer to the court evidence of a defendant's innocence, not just evidence of guilt (Albo HB1432)

Medicaid Fraud Control Unit

• Omnibus legislation giving new investigative tools to MFCU investigators and clarifying certain judicial powers in enforcing those tools, as well as providing the commonwealth best price priority in the purchase of the medical supplies and equipment similar to that enjoyed by other states (Vogel SB1186)
• Authorizing investigators to serve MFCU-issued subpoenas (MFCU investigators currently do not have subpoena power). (Garrett SB949)

OTHERS

• Internet Privacy - Criminal trespass penalty for access without authority and with malicious intent (Obenshain SB1174)
• Brown vs. Commonwealth - Establishing that mandatory minimum sentences must run consecutively, not concurrently, in all cases (Stuart SB832)
• Victims' and Witness' Rights Act - Providing witnesses protection and anonymity where requested under the Victims' and Witness' Rights Act (Miller HB1794)
• Methamphetamines
  1. Broadening the punishment for adults who manufacture methamphetamines with children present to include all adults, not just those with a supervisory relationship over the children (Kilgore HB1816)
  2. adding ammonium nitrate to the list of precursors for the production of methamphetamines (Garrett HB1806)