Elimination of mandatory minimum sentences; modificationof sentence to mandatory minimum term of confinement for felony offenses;report. Except for aggravated murder of a law-enforcement officer,eliminates all mandatory minimum sentences of confinement from theCode of Virginia. The bill directs the Secretary of Public Safetyand Homeland Security to establish a work group to evaluate the feasibilityof resentencing persons previously convicted of a felony offense thatwas punishable by a mandatory minimum term of confinement and to reportits findings by November 1, 2022.
Department of Small Business and Supplier Diversity; community groups and universities. Requires the Department ofSmall Business and Supplier Diversity to maintain a list of communitygroups, state and local governments, Community Development FinancialInstitutions, business and trade associations, and universities tobe consulted in exercising the powers and fulfilling the duties ofthe Department. All community groups and universities maintainedon the list shall be notified of all actions taken by the agencyand provided an opportunity to comment prior to any permanent action taking place, such as the promulgation of regulations. The bill requiresthe Department to continue to work with such groups maintained onthe list to develop targeted outreach and programming to build businesscapacity and encourage businesses to obtain appropriate certifications.The bill adds Community Development Financial Institutions, definedin the bill, to the lists of groups for which the Department shallpromote the mobilization of activities and resources and that theDepartment is required to maintain on the list of community groups.
Local tax; solar facility exemption.
Confirming Governor's appointments; October1. Confirms appointments of certain persons made by GovernorRalph Northam and communicated to the General Assembly October 1,2021.
Confirming Governor's appointments; June 1.Confirms appointments of certain persons made by Governor Ralph Northamand communicated to the General Assembly June 1, 2021.
Confirming Governor's appointments; August 1.Confirms appointments of certain persons made by Governor Ralph Northamand communicated to the General Assembly August 1, 2021.
Confirming Governor's appointments; December1. Confirms appointments of certain persons made by GovernorRalph Northam and communicated to the General Assembly December 1,2021.
Disclosure in land use proceedings; statewideapplication. Alters certain land use disclosure requirementsapplicable to officials in any county with the urban county executiveform of government (Fairfax County) by replacing "relationship ofemployee-employer, agent-principal, or attorney-client" with thebroader phrase of "business or financial interest." The same changeis made to existing provisions that currently apply only to LoudounCounty but will now apply statewide.
Powers of State Health Commissioner in epidemic;vaccine; religious tenets or practices. Allows a parent or guardianto object to the vaccination or immunization of a child on the groundsthat the administration of immunizing agents conflicts with his religioustenets or practices, even if an emergency or epidemic of diseasehas been declared by the State Board of Health, which is not allowedunder current law. The bill also provides that nothing shall precludethe State Health Commissioner from requiring immediate immunizationof all persons in the case of an epidemic of any disease of publichealth importance for which a vaccine exists other than a person,including a parent or guardian on behalf of a child, who objectson the grounds that the administration of the vaccine conflicts withhis religious tenets or practices. Under current law, the only exceptionto the Commissioner's power to require immediate immunization of all persons in case of an epidemic of any disease of public health importancefor which a vaccine exists is for a person to whose health the administrationof a vaccine would be detrimental as certified in writing by a physicianlicensed to practice medicine in the Commonwealth.
Juvenile offenders; parole eligibility. Providesthat any person who has active sentences that total more than 20years for a single felony offense or multiple felony offenses committedwhile that person was a juvenile and who has served the lesser ofat least 20 years of such sentences or 30 percent of the term ofimprisonment imposed for such sentences shall be eligible for parole.Under current law, such person must have served at least 20 yearsbefore becoming parole eligible.
Pain-Capable Unborn Child Protection Act; penalty.Creates the Pain-Capable Unborn Child Protection Act. The Act prohibitsan abortion after 20 weeks gestation unless, in reasonable medicaljudgment, the mother has a condition that so complicates her medicalcondition as to necessitate the abortion to avert her death or toavert serious risk of substantial and irreversible physical impairmentof a major bodily function. When an abortion is not prohibited post-20weeks' gestation, the physician or authorized nurse practitioner is required to terminate the pregnancy in a manner that would providethe unborn child the best opportunity to survive. The bill punishes performance of an abortion in violation of the Act as a Class 6felony. The bill also provides for civil remedies against a physicianor authorized nurse practitioner who performs an abortion in violationof the Act.
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense or for an offense under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute.The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a countable dosage unit. The bill contains technical amendments.
