Penalties for failure to appear; contempt.Provides that any person (i) charged with a felony offense or misdemeanoroffense or (ii) convicted of a felony offense or misdemeanor offenseand execution of sentence is suspended who willfully fails to appearbefore any court or judicial officer as required may be punishedfor contempt. Under current law, such person is guilty of a Class6 felony, if charged with a felony, or a Class 1 misdemeanor, ifcharged with a misdemeanor, for such a violation. The bill excludesfrom such penalty persons who are incarcerated or in the custodyof a law-enforcement officer at the time such person is requiredto appear. The bill also eliminates a court's authority to punishsummarily a contempt of court for willful failure to appear.
Fishing license requirements; exemptions; freefishing days. Increases from three to six the maximum numberof days that the Board of Wildlife Resources may designate as freefishing days for a person to fish in any inland waters of the Commonwealth without a fishing license.
Department of Workforce Development and Advancement;Director. Changes the title of the Director of the Departmentof Workforce Development and Advancement to the Commissioner of Workforce Development and Advancement. The bill directs the Department of WorkforceDevelopment and Advancement to examine the feasibility or need ofany new workforce development program prior to its creation and providea report to the Governor and the General Assembly. The bill changesthe minimum level of fiscal support from WIOA Adult and Dislocated Worker funds to training and job placement services from 40 to 50percent. The bill also makes the Department responsible for providing a list of high-demand occupations to eligible educational institutions.
Law-Enforcement Officers Procedural GuaranteeAct; hearing panel decisions. Provides that for the purposes of the Law-Enforcement Officers Procedural Guarantee Act a majoritydecision of a hearing panel shall be binding on the employing agency.Under current law, such decisions are advisory recommendations only.The bill also provides that a hearing panel's decision may be appealedto the circuit court in the jurisdiction where the grievance arose.Lastly, the bill provides that the third member of the hearing panelshall not be from within the employing law-enforcement agency.
Abortion; born alive infant; treatment and care;penalty. Requires every health care provider licensed by theBoard of Medicine who attempts to terminate a pregnancy to (i) exercisethe same degree of professional skill, care, and diligence to preservethe life and health of a human infant who has been born alive followingsuch attempt as a reasonably diligent and conscientious health carepractitioner would render to any other child born alive at the samegestational age and (ii) take all reasonable steps to ensure theimmediate transfer of the human infant who has been born alive toa hospital for further medical care. A health care provider who failsto comply with the requirements of the bill is guilty of a Class4 felony and may be subject to disciplinary action by the Board.The bill also requires every hospital licensed by the Departmentof Health to establish a protocol for the treatment and care of a human infant who has been born alive following an attempt to terminatea pregnancy and for the immediate reporting to law enforcement ofany failure to provide such required treatment and care.
Benefits consortium for localities. Authorizesthe governing bodies of three or more cities, counties, or schoolboards to form a benefits consortium for the purpose of establishinga self-funded employee welfare benefit plan. Under current law, suchgoverning bodies or school boards are authorized to form such a benefitsconsortium if they comprised the membership of a multiple employerwelfare arrangement as of December 31, 2014. Such a benefits consortiumis required to be a nonstock corporation established to operate abenefits plan. Each member of the benefits consortium is contractuallyliable for its allocated share of the consortium's liabilities, andthe benefits consortium is exempt from taxation and from insuranceregulations.
Consecutive terms of imprisonment. Eliminates the required imposition of mandatory consecutive sentences of imprisonment.
Virginia Firefighting Facilities Grant Program.Establishes the Virginia Firefighting Facilities Grant Programfor the purpose of awarding grants on a first-come, first-servedbasis to localities for the purpose of building and maintaining theirfirefighting facilities. The amount of such grants shall be as providedin the appropriation act. The Program shall be administered by theDepartment of Fire Programs. The Department shall develop guidelinesfor the Program, which shall (i) emphasize providing grants to localitiesthat are cost burdened in the provision of firefighting servicesand (ii) require remedying facilities that do not meet minimum standards established by law.
Net energy metering; solar interconnection; cost recovery. Provides that an electric distribution company shall pay 33 cents ($0.33) per kilowatt-hour per day for the costs of lost electricity production for any and all delays beyond the regulatory notice period required by the State Corporation Commission related to net energy metering. The bill requires that, for the purposes of net energy metering, an eligible customer-generator shall bear all reasonable costs of equipment required at the eligible customer-generator's premises for the interconnection to the supplier's electric distribution system, including commercially reasonable costs of additional controls, tests, or liability insurance. Additionally, the bill allows for cost recovery by Phase I and Phase II Utilities for electric distribution grid transformation projects that support the interconnection of generating facilities using energy derived from sunlight that are owned or contracted by eligible customer-generators, subject to the Commission finding those costs to be reasonable and prudent in accordance with existing law.
Health care; decision-making; end of life; penalties. Allows an adult diagnosed with a terminal condition to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life. The bill requires that a patient's request for a self-administered controlled substance to end his life must be given orally on two occasions and in writing, signed by the patient and one witness, and that the patient be given an express opportunity to rescind his request at any time. The bill makes it a Class 2 felony (i) to willfully and deliberately alter, forge, conceal, or destroy a patient's request, or rescission of request, for a self-administered controlled substance to end his life with the intent and effect of causing the patient's death; (ii) to coerce, intimidate, or exert undue influence on a patient to request a self-administered controlled substance for the purpose of ending his life or to destroy the patient's rescission of such request with the intent and effect of causing the patient's death; or (iii) to coerce, intimidate, or exert undue influence on a patient to forgo a self-administered controlled substance for the purpose of ending the patient's life. The bill also grants immunity from civil or criminal liability and professional disciplinary action to any person who complies with the provisions of the bill and allows health care providers to refuse to participate in the provision of a self-administered controlled substance to a patient for the purpose of ending the patient's life.
Unauthorized creation of image of another; AI-generated image; penalties. Creates a Class 1 misdemeanor for any person who knowingly and intentionally creates any videographic or still image using artificial intelligence of any nonconsenting person if (i) that person is totally nude, performing sexual acts, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast and (ii) such videographic or still image appears to be or is intended to appear to be such nonconsenting person. The bill provides that if such nonconsenting person is under the age of 18, the offender is guilty of a Class 6 felony.
Statewide Fire Prevention Code; State Fire Marshal; consumer fireworks; penalties. Authorizes the use of consumer fireworks in the Commonwealth and distinguishes by definition consumer fireworks from display fireworks and permissible fireworks. The bill defines "consumer fireworks" as small fireworks devices (i) containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and (ii) complying with certain federal regulations regarding composition and labeling. The bill also provides that the storage and transportation of consumer fireworks are to be considered the same hazard class as the storage and transportation of 1.4G explosives under the Statewide Fire Prevention Code (SFPC) and Uniform Statewide Building Code. The bill excludes from the provisions of the SFPC, unless prohibited by a local ordinance, (a) the sale of permissible or consumer fireworks; (b) any person using, igniting, or exploding permissible or consumer fireworks on residential or agricultural property with the consent of the owner of such property; or (c) such permissible or consumer fireworks when they are being transported from a locality where they were legally obtained to a locality where they are legally permitted. Current law only excludes sale of permissible fireworks or the use of such fireworks on private property. The bill also directs 10 percent of the sales and use tax revenue generated by the local sales and tax use on the sale of consumer or permissible fireworks to be allocated to a special fund used solely for providing funding for first responders, as defined in the bill. The bill contains technical amendments.
