Industrial development authorities; Town of Front Royal. Provides that the Town of Front Royal may create its own independent industrial development authority, separate and apart for all purposes from any currently existing or future industrial development authority with all powers granted industrial development authorities generally. The current law does not explicitly allow for this due to the town's previous joint arrangement with Warren County. Such industrial development authority may also include Warren County in any of its economic development projects for a period of five years ending July 1, 2025.
Interlocutory appeals; immunity. Provides that, when the circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, a party may file in such court a motion requesting that the court certify such order or decree for interlocutory appeal. The bill further provides that if such certification is opposed by any party the parties may brief the motion. Within 15 days of the entry of an order granting such certification, a petition for appeal may be filed with the appellate court having jurisdiction from a final judgment in the proceeding. Current law specifies that such petition must be filed within 10 days of such certification. The bill further provides that when, prior to the commencement of trial, the circuit court has entered an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. The bill specifies that any person aggrieved by such order may file a petition for review with the appropriate appellate court. The bill provides that the failure of a party to seek interlocutory review shall not preclude review of the issue on appeal from a final order and that an order denying such review shall not preclude review of the issue on appeal from a final order. As introduced, the bill was a recommendation of the Boyd-Graves Conference.
Driving after forfeiture of license. Specifiesthat a person is guilty of an offense of driving or operating a motorvehicle (i) after his driver's license has been revoked for certainoffenses; (ii) in violation of the terms of a restricted license; (iii) without an ignition interlock system if one is required; or(iv) if the person's license had been restricted, suspended, or revokedfor certain driving under the influence offenses, with a blood alcoholcontent of 0.02 percent or more, only if such person was drivingor operating the motor vehicle on a highway, as defined in Title46.2, Motor Vehicles.
Juveniles; trial as adult. Increases from 14 years of age to 16 years of age the minimum age at which a juvenile must be tried as an adult in circuit court for murder or aggravated malicious wounding; however, if the juvenile is 14 years of age or older but younger than 16 years of age, the court, on motion of the attorney for the Commonwealth, shall hold a transfer hearing. The minimum age is also raised from 14 to 16 for certain charges requiring notice of intent to try such juvenile as an adult by the attorney for the Commonwealth. In order to be tried as an adult in circuit court for the charges that under current law require notice of intent to proceed with trial as an adult by the attorney for the Commonwealth, the bill requires that (i) a report concerning the juvenile be prepared by the court services unit or other qualified agency and (ii) the attorney for the Commonwealth provide written notice that he intends to proceed with a preliminary hearing for trial of such juvenile as an adult, including affirmation that he has read the report.
Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. The bill also provides that deferred disposition will no longer be allowed for peeping crimes. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. This bill incorporates SB 309 and is identical to HB 660.
Suspension of driver's license for nonpayment of fines or costs. Removes the requirement that a court suspend the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs. The bill provides that the fine for any moving violation while operating a motor vehicle in a designated highway safety corridor shall be no more than $500 for any violation that is a traffic infraction and not less than $200 for any violation that is a criminal offense. The bill repeals the Nonresident Violator Compact of 1977. The bill also provides that the Commissioner of the Department of Motor Vehicles shall reinstate a person's privilege to drive a motor vehicle that was suspended prior to July 1, 2019, solely pursuant to § 46.2-395 of the Code of Virginia and shall waive all fees relating to reinstating such person's driving privileges. Nothing in this act shall require the Commissioner to reinstate a person's driving privileges if such privileges have been otherwise lawfully suspended or revoked or if such person is otherwise ineligible for a driver's license. This bill incorporates HB 17.
Minimum staffing ratio for school counselors. Requires local school boards to employ school counselors in accordance with the following ratios, effective with the 2020-2021 school year: in elementary schools, one hour per day per 75 students, one full-time equivalent at 375 students, one hour per day additional time per 75 students or major fraction thereof; in middle schools, one period per 65 students, one full-time equivalent at 325 students, one additional period per 65 students or major fraction thereof; and in high schools, one period per 60 students, one full-time equivalent at 300 students, one additional period per 60 students or major fraction thereof. The bill also requires local school boards to employ one full-time equivalent school counselor position per 325 students in grades kindergarten through 12, effective with the 2021-2022 school year. The provisions of the bill are contingent on funding in a general appropriation act.
Provision of abortion; informed consent; regulations. Eliminates the procedures and processes, including the performance of an ultrasound, the provision of specified information, and the offer to review certain printed materials, required under existing law to effect a pregnant person's informed written consent prior to the performance of an abortion; however, the bill retains the requirement that a physician obtain a pregnant person's informed written consent prior to performing any abortion. The bill expands who can perform first trimester abortions to any person licensed by the Board of Medicine as a physician's assistant and acting within such person's scope of practice or any person jointly licensed by the Board of Medicine and Nursing as a nurse practitioner acting within the nurse practitioner's such person's scope of practice. The bill removes a provision classifying facilities that perform five or more first trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals.
Student journalists; freedom of speech andthe press. Declares that, except in certain limited circumstances,a student journalist at a public middle school or high school orpublic institution of higher education has the right to exercisefreedom of speech and the press in school-sponsored media, includingdetermining the news, opinion, feature, and advertising content of school-sponsored media, regardless of whether the media is supported financially by the school board or governing board, supported throughthe use of school or campus facilities, or produced in conjunctionwith a class or course in which the student is enrolled. The billdefines "school-sponsored media" as any material that is prepared, substantially written, published, or broadcast by a student journalistat a public middle school or high school or public institution ofhigher education under the direction of a student media adviser anddistributed or generally made available to members of the studentbody.
Deferred disposition in criminal cases. Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person's disorder or disability.
Virginia Sexual and Domestic Violence Prevention Fund; report. Creates the Virginia Sexual and Domestic Violence Prevention Fund, which shall be administered by the Department of Social Services, in coordination with the Department of Health and the Virginia Sexual and Domestic Violence Action Alliance, and used to develop, support, and evaluate programs that prevent sexual and domestic violence through strategies that (i) promote healthy practices related to relationships, sexuality, and social-emotional development and (ii) counteract the factors associated with the initial perpetration of sexual and domestic violence. This bill is identical to SB 297.
Congressional and state legislative districts; written descriptions of boundaries not required. Removes the requirement that the Division of Legislative Services prepare written descriptions of the boundaries of congressional and state legislative districts. The bill does not affect provisions under current law that district boundaries are legally defined by the county and city boundaries reported in the decennial Census reports and by reference to precincts, parts of precincts, and census blocks listed in the Statistical Reports for each district.
