First offense drug program; previous misdemeanor marijuana conviction. Allows any person to participate in the first offender drug program even if such person was previously convicted of an offense related to misdemeanor possession of marijuana or who has had a previous dismissal of a misdemeanor offense for possession of marijuana pursuant to the program. Current law prohibits any person with a previous marijuana conviction from participating in the program. This bill is identical to SB 362.
Civilian deaths in custody; report. Requires every law-enforcement agency and state or juvenile correctional facility to report to the Department of Criminal Justice Services and every local or regional adult correctional facility to report to the State Board of Local and Regional Jails certain information regarding the death of any person who is detained, under arrest or in the process of being arrested, en route to be incarcerated, incarcerated, or otherwise in the custody of such law-enforcement agency or correctional facility. The bill provides that any law-enforcement agency or state or juvenile correctional facility that fails to comply may, at the discretion of the Department, be declared ineligible for state grants or funds. The bill also requires the Department and the Board to analyze the submitted data to determine the means by which such information can be used to reduce the number of such deaths. The bill requires the Director of the Department and the Board to each annually report the findings and recommendations resulting from the analysis and interpretation of the data to the Governor, the General Assembly, and the Attorney General beginning on or before July 1, 2025, and each July 1 thereafter. The bill also provides that upon request, the Board shall provide the submitted data to the Department to meet federal reporting requirements. This bill incorporates HB 423.
Written complaints; felony offenses. Provides that a written complaint is required for a felony offense, regardless of whether the complainant is a law-enforcement officer. Current law only requires a written complaint for any offense if the complainant is not a law-enforcement officer. The bill also provides that if no arrest warrant is issued in response to a written complaint made by a complainant, whether the complainant is a law-enforcement officer or not, the written complaint shall be returned to the complainant.
Foreclosure procedures; subordinate mortgage; affidavit required. Provides that, when a foreclosure sale is initiated due to a default in payment of a subordinate security instrument, such subordinate mortgage lienholder shall submit to the trustee an affidavit affirming whether monthly statements were sent to a property owner for each period of assessed interest, fees, or other charges and to include in such affidavit an itemized list of the current amount owed. The bill also requires that any purchaser at a foreclosure sale pay off any priority security instrument no later than 90 days from the date that the trustee's deed conveying the property is recorded in the land records, and, if such purchaser fails to pay, the person originally required to pay such instrument has the right to petition the circuit court of the city or county where the property is located to recover from such purchaser any payments made on such instrument after the date of the foreclosure sale, plus any attorney fees and costs.
Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalties. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm, except for an antique firearm, that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 6 felony for any person, firm, association, or corporation to knowingly sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm, except for an antique firearm, that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner.
Department of Fire Programs; work group; options for local government employees who respond to emergencies with toxic material exposure. Directs the Department of Fire Programs to convene a work group to identify and analyze options to help ensure that local government employees who respond to emergencies that expose them to toxic materials have appropriate preemptive and ongoing health care and are able to pay any health expenses related to such emergency and its aftereffects that are not covered by relevant health insurance plans. The work group is directed to report its findings to the General Assembly by November 1, 2024. This bill is identical to SB 650.
Department of Forensic Science; laboratory procedures; requirements regarding DNA profiles. Provides that when an accused person or his attorney files a motion for a scientific investigation, he must certify that the Department of Forensic Science or Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The bill also clarifies that the signature of a person who received material to be analyzed by a laboratory on an evidence submission receipt shall be deemed prima facie evidence that such person was an authorized agent and that such receipt constitutes proper receipt by the laboratory. The bill also provides that such signature on a request for laboratory examination form or evidence submission receipt may be made by hand or electronic means. The bill also removes the requirement that a party intending to offer the results of a deoxyribonucleic (DNA) analysis provide or make available copies of the DNA profiles but retains the requirement that such party provide or make available copies of the report or statement to be introduced. Additionally, the bill requires the Department to confirm whether or not there is a DNA profile on file for a specific individual if a federal, state, or local criminal justice agency that participates in the National DNA Index System requests that information in furtherance of an official investigation of any criminal offense. The bill provides that the provisions of the bill shall not apply to DNA profiles received by the court and maintained by the clerk in a court file open to the public prior to July 1, 2024. The bill contains technical amendments.
Unlawful detainer; expungement; entering of an order without further petition or hearing. Provides that in unlawful detainer actions filed in the general district court, if the 30-day period following the dismissal of such an action has passed or if a voluntary nonsuit is taken and the six-month period following such nonsuit has passed, the court shall, without further petition or hearing, enter an order requiring the expungement of such action, provided that no order of possession has been entered. The bill provides that if a judgment is entered in favor of the defendant, such defendant may petition the court for an expungement pursuant to the petition process under current law. Additionally, the bill retains the petition process existing under current law for unlawful detainer actions commenced prior to July 1, 2024, for which the court still has records.
Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.
Universal certification for certain law-enforcement officers. Provides that any sworn law-enforcement officer with at least one year of experience (i) whose training qualifications meet or exceed current training standards established by the Board of Criminal Justice Services and who is compliance with the minimum qualifications, (ii) who has not had a break in service of more than 24 months, and (iii) is leaving the transferring agency in good standing with no pending investigations or disciplinary actions shall be eligible for employment at any law-enforcement agency within the Commonwealth or its political subdivisions.Prior to any conditional offer of employment, the bill requires the hiring law-enforcement agency to request certain specified information from all prior law-enforcement agencies and to employ all reasonable means to obtain personnel records for law-enforcement officers transferring from an out-of-state or federal law-enforcement agency. The bill requires any out-of-state or federal law-enforcement agency that provides such information or personnel records to include a sworn declaration that the provided information or records are a true, correct, and complete response to such request. The bill provides that no law-enforcement officer shall be eligible for employment until the requested information is received by the hiring law-enforcement agency.
Teachers; certain licenses and certificates. Makes several changes to provisions of law relating to the licensure and certification of teachers, including (i) establishing universal licensure by reciprocity as a category of teacher licensure in the Commonwealth for certain licensed out-of-state teachers, regardless of the traditional or alternative nature of the education preparation programs that they completed; (ii) establishing and enumerating the criteria for a subject matter expert teaching certificate to provide high-quality teaching candidates who have relevant work experience or expertise in a content or subject matter area an accelerated path toward a renewable license; (iii) permitting the division superintendent rather than the Board of Education, as is current law, to issue a career and technical education teacher a provisional license to allow time for the teacher to attain the industry certification credential required by law; (iv) permitting any high school principal to waive, for any individual whom he seeks to employ as a career and technical education teacher and who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education, certain applicable licensure requirements; and (v) permitting any division superintendent to directly waive, rather than apply to the Department of Education for a biennial waiver as is required under current law, the teacher licensure requirements for any individual whom the local school board hires or seeks to hire to teach in a trade and industrial education program who has obtained or is working toward an industry credential relating to the program area and who has at least 4,000 hours of recent and relevant employment experience.
Northern Virginia Transportation Authority;technical advisory committee; appointments. Provides that sixmembers of the Northern Virginia Transportation Authority's technicaladvisory committee are appointed by the Authority rather than appointedby localities embraced by the Authority as provided in current law.
