Discretionary sentencing guidelines worksheets;use by juries. Requires that the jury be given the applicablediscretionary sentencing guidelines worksheets during a sentencing proceeding and that the court instruct the jury that the sentencingguidelines worksheets are discretionary and not binding on the jury.The bill requires sentencing guidelines worksheets to be kept confidentialby the jurors and filed under seal by the court.
Policies against workplace harassment; legislative branch. Requires each legislative branch agency to adopt and implement the Commonwealth Workplace Harassment Policy established by the Department of Human Resource Management. The bill provides that the Policy applies to legislative branch employees, including General Assembly members and members-elect, when undertaking meetings with other state employees, contract employees, applicants for employment, customers, vendors, members of the media, members of the public, volunteers, or lobbyists or when conducting or performing election activities in the scope of official duties.Under the bill, a victim of alleged workplace harassment will be able to file a complaint against a legislative branch employee, other than a member of the General Assembly, in accordance with the procedures of the Policy or with the Division of Human Rights in the Office of the Attorney General. The Division of Human Rights is authorized to investigate the complaint and use any other powers with regard to the complaint granted to it under law. The bill requires each house of the General Assembly to adopt rules governing procedures and disciplinary sanctions for General Assembly members and members-elect violating policies against workplace harassment.The 2018 Session of the General Assembly enacted legislation requiring full-time legislative branch employees to complete a sexual harassment training course once every two calendar years beginning January 1, 2020. In addition to other differences, this bill broadens the scope of training for legislative branch employees and provides for punitive damages if a party complaining of workplace harassment demonstrates that the defendant engaged in a discriminatory practice with malice or reckless indifference. The bill contains a reenactment clause and has a delayed effective date of January 1, 2022.
Criminal fiscal impact statements. Provides that no bill resulting in an increase in net periods of imprisonment or commitment shall be (i) reported from a standing committee of the House of Delegates or the Senate or (ii) passed by the House of Delegates or the Senate unless a fiscal impact statement for the current version of the bill has been prepared and is printed on the face of the bill or reported or passed as an amendment to such bill. Current law requires such fiscal impact statements to be prepared and the amount of the estimated appropriation reflected in the fiscal impact statement to be printed on the face of each bill.The bill clarifies the ability of the Division of Legislative Services to forward an advance copy of such bills to the Virginia Criminal Sentencing Commission for the preparation of such fiscal impact statements.
Secretary of Health and Human Resources; task force; shortage of certified sexual assault nurse examiners in the Commonwealth; report. Directs the Secretary of Health and Human Resources to establish a task force to study the shortage of certified sexual assault nurse examiners in the Commonwealth. The task force shall report its findings and conclusions, together with specific recommendations for legislative, regulatory, and budgetary actions, to the Governor and the General Assembly by December 1, 2020.
Bail; data collection and reporting standards;report. Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person whois held in custody pending trial or hearing for an offense, civilor criminal contempt or otherwise, in every locality; (ii) createa uniform reporting mechanism for criminal justice agencies to submitsuch data; and (iii) submit an annual report on the data collectedto the Governor and the General Assembly, as well as publish theannual report on the Department's website. The bill also providesthat the law addressing bail is to be construed so as to give effect to a general presumption in favor of pretrial release. The bill alsorequires the Department to report to the House Committee for Courtsof Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms. The bill has a delayed effectivedate of July 1, 2021, for provisions related to the creation ofuniform reporting mechanisms and data collection by the Department.
Department of Education; learning managementsystem. Directs the Department of Education to obtain a statewidelearning management system for use in public schools by the startof the 2022-2023 school year.
Commending Fairfax County.
Registered lobbyists; sexual harassment training. Requires lobbyists registered with the Secretary ofthe Commonwealth to complete the sexual harassment training courseprovided by the Office of the Clerk of the House of Delegates orthe Office of the Clerk of the Senate once every two calendar years.The bill requires lobbyists to provide a certificate of completionof the training that is not more than two years old to the VirginiaConflict of Interest and Ethics Advisory Council in order to completetheir registrations. The bill has a delayed effective date of May1, 2021, to coincide with the start of the 2021-2022 lobbying year.
Superintendent of Public Instruction; UrbanTeacher Fund and Program; established. Establishes the Urban Teacher Fund and Program, to be administered by the Superintendentof Public Instruction, for the purpose of providing grants to personsemployed in urban school divisions with teacher shortages who remain employed by the urban school division for a period of at least fiveyears.
Robbery; penalty. Defines "robbery" andcreates degrees of punishment corresponding to the severity of arobbery offense. Any person who commits a robbery by causing seriousbodily injury is guilty of robbery in the first degree, which ispunishable by confinement in a state correctional facility for amaximum term of life. Any person who commits robbery by displayinga firearm in a threatening manner is guilty of robbery in the second degree, which is punishable by confinement in a state correctionalfacility for a maximum term of 20 years. Any person who commits robberyby using physical force not resulting in serious bodily injury, orby displaying a deadly weapon other than a firearm in a threateningmanner, is guilty of robbery in the third degree, which is punishableas a Class 5 felony. Any person who commits robbery by using threator intimidation not involving a deadly weapon is guilty of robberyin the fourth degree, which is punishable as a Class 6 felony. Undercurrent law, any robbery is punishable by confinement in a statecorrectional facility for life or any term not less than five years.
Recognizing that global warming caused by humanactivity has resulted in a climate and ecological emergency.Expresses the sense of the General Assembly in recognizing that global warming caused by human activity that increases emissions of greenhousegases has resulted in a climate and ecological emergency.
Deeds of trust; fiduciary duties. Specifies that a trustee under a deed of trust has only the duties, rights, and obligations imposed and conferred on it by the deed of trust or by statute. The bill further requires that a trustee shall comply with all restrictive covenants regarding the affordability of the property and that a trustee under a deed of trust is a fiduciary for both the debtor and the creditor. This bill is in response to Crosby v. ALG Trustee, LLC, 296 Va. 561 (2018).
