Selling, giving, or distributing fentanyl; penalties. Provides that any person who sells, gives, or distributes a substance he knows or should know contains two milligrams or more of any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers to another person without such persons' knowledge that the substance sold, given, or distributed contains fentanyl, then he is guilty of attempted murder of the second degree. The bill also provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the second degree. The bill also makes it a felony punishable by not less than five nor more than 40 years, three years of which are a mandatory minimum, and a fine not to exceed $1 million for a person to transport into the Commonwealth by any means with intent to sell or distribute 100 milligrams or more of fentanyl.
Law-Enforcement Officers Procedural Guarantee Act; minimum rights. Provides that the rights accorded to law-enforcement officers in the Law-Enforcement Officers Procedural Guarantee Act are minimum rights and all law-enforcement agencies shall adopt grievance procedures that are consistent with such rights. The bill removes the current exception from the provisions of the Law-Enforcement Officers Procedural Guarantee Act for any law-enforcement officer or law-enforcement agency that serves under the authority of a locality that has established a law-enforcement civilian oversight body.
Firearms; removal from persons posing substantialrisk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a generaldistrict court, circuit court, or juvenile and domestic relationsdistrict court judge or magistrate for an emergency substantial riskorder to prohibit a person who poses a substantial risk of injuryto himself or others from purchasing, possessing, or transportinga firearm. The bill also removes the substantial risk order registryfor the entry of orders issued.
Law-enforcement civilian oversight bodies; requirements. Requires every member appointed to a locality's law-enforcement civilian oversight body to observe a law-enforcement officer employed withsuch locality's law-enforcement agency while such law-enforcementofficer is engaged in his official duties. The bill also providesthat any disciplinary determination recommended by a law-enforcementcivilian oversight body shall be advisory and that if any law-enforcement agency declines to implement such recommendation, such agency shallcreate and make available to the public within 30 days from the datesuch recommendation is reported to such agency a written public recordof its rationale for declining to implement such recommendation.The bill requires that such observation take place within 90 days of the member's appointment to the civilian oversight body and totalno fewer than 24 hours, a portion of which includes a ride-along witha law-enforcement officer. The bill also requires each law-enforcement civilian oversight body to include at least one retired law-enforcementofficer as a voting member; under current law, a retired law-enforcementofficer may serve on such body as an advisory, nonvoting ex officio member.
Private elementary and secondary schools; retaliationfor good faith reports of child abuse or neglect prohibited. Prohibitsany private elementary or secondary school from retaliating in anymanner against any individual who in good faith reports child abuseor neglect as mandated by relevant law.
Commending Pranamya Jindal.
Admission to bail; rebuttable presumptions againstbail. Creates a rebuttable presumption against bail for certaincriminal offenses enumerated in the bill and for persons identifiedas being illegally present in the United States by U.S. Immigrationand Customs Enforcement who are charged with certain offenses. Thebill also requires the court to consider specified factors when determiningwhether the presumption against bail has been rebutted and whetherthere are appropriate conditions of release.
Virginia Public Procurement Act; project laboragreements. Requires every public body, prior to requiring bidders,offerors, contractors, subcontractors, or operators on public workscontracts to enter into, become or remain signatories to, or adhereto project labor agreements, to make a written determination thatrequiring such bidders, offerors, contractors, subcontractors, oroperators to enter into, become or remain signatories to, or adhereto such project labor agreements advances the public's interestsbased on objective criteria established by the public body by regulationor ordinance, such as cost, efficiency, quality, safety, timeliness,maintenance of a skilled labor force, labor stability, or advancing minority-owned and women-owned business participation in the project.
Sale and transfer of firearms; criminal historyrecord information check delay. Decreases from five business days to three business days the time provided for the Department of StatePolice to complete a background check before a firearm may be transferred.If a dealer who has otherwise fulfilled all requirements is toldby the State Police that a response will not be available by the endof the dealer's third business day, the dealer may complete the saleor transfer without being deemed in violation.
Control of firearms by localities. Removes the authority for a locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any building, or part thereof, owned or used by such locality for governmental purposes; (ii) any public park owned or operated by the locality; (iii) any recreation or community center facility; or (iv) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. The bill provides that any firearm received by the locality pursuant to a buy-back program shall be offered for sale by public auction or sealed bids to a person licensed as a dealer. Current law provides that any such firearm shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale. The bill also limits the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others.
Reporting lost or stolen firearms; civil penalty.Repeals the requirement that, if a firearm is lost or stolenfrom a person who lawfully possessed it, such person shall reportthe loss or theft of the firearm to any local law-enforcement agencyor the Department of State Police within 48 hours after such person discovers the loss or theft or is informed by a person with personalknowledge of the loss or theft. Under current law, a violation ispunishable by a civil penalty of not more than $250.
Issuing citations; marijuana and certain trafficoffenses. Removes the provisions that provide that no law-enforcementofficer may lawfully stop a motor vehicle for operating (i) withouta light illuminating a license plate, (ii) with defective and unsafeequipment, (iii) without brake lights or a high mount stop light,(iv) without an exhaust system that prevents excessive or unusuallevels of noise, (v) with certain sun-shading materials and tintingfilms, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions. The bill also repealsthe provision that provides that no law-enforcement officer may lawfullystop, search, or seize any person, place, or thing solely on thebasis of the odor of marijuana and that no evidence discovered or obtained as a result of such unlawful search or seizure shall beadmissible in any trial, hearing, or other proceeding.
