Sentencing proceeding by the jury after conviction;recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
Cruelty to children; penalty. Increasesthe penalty from a Class 6 felony to a Class 4 felony for any personemploying or having custody of a child who willfully causes or permitssuch child to be tortured physically or psychologically, tormented,mutilated, beaten, or cruelly treated. The bill includes such offensein the definition of "violent felony" for purposes of determiningfelony sentencing guidelines. The bill also includes willful andnegligent acts of cruelty and injuries to children in offenses prohibitinga person from operating or residing in a family day home and, if suchoffense is in conjunction with a homicide, requiring registrationunder the Sex Offender and Crimes Against Minors Registry Act. Thebill moves the provisions criminalizing cruelty and injuries to childrenfrom Title 40.1 (Labor and Employment) to Title 18.2 (Crimes and Offenses Generally).
Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; permit to restore rights; penalties. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, or assault and battery when the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color, or national origin from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining such reinstatement. This bill incorporated HB 78, HB 459, and HB 900.
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).
Public schools; seizure management and action plans; training. Provides for the submission and utilization of seizure management and action plans for students with a seizure disorder. The bill requires that school nurses and certain school division employees biennially complete a Board of Education-approved online course of instruction regarding treating students with seizure disorders. The bill also provides immunity from civil liability for acts or omissions related to providing for the care of a student under a seizure management and action plan.
Conservation of trees; Town of Vienna. Allowsthe Town of Vienna, by ordinance, to require that a subdivision ordevelopment provide for the preservation or replacement of treeson the development site such that the minimum tree canopy 10 yearsafter development is projected to meet specified coverage criteria.Currently, the criteria apply to coverage 20 years after development.
Celebrating the life of John Walter Ainslie.
Conditional release of geriatric prisoners.Allows any person serving a sentence imposed upon a convictionfor a felony offense, other than a Class 1 felony, who (i) is 55years of age or older and has served at least 15 years of the sentenceimposed or (ii) is 50 years of age or older and has served at least20 years of the sentence imposed, to petition the Parole Board forconditional release.
Virginia Data Commission; report. Establishesthe Virginia Data Commission as a permanent legislative commission.The Commission will study, report, and make recommendations on allareas of data governance and analytics in the Commonwealth to ensurethat Virginia is a national leader in data-driven policy and evidence-baseddecision making. The Commission will develop standards, guidelines,and best practices related to data and will seek to coordinate agencyefforts to prevent duplication of data and efforts. The Commissionwill report annually to the Governor and the General Assembly.
Wills; presumption of undue influence. Codifiesthe common law test for establishing undue influence upon a testatorin the execution of a will. The bill further provides that if evidenceis presented to establish the elements required for such a presumption,a jury sitting as trier of fact shall be instructed that it may presumethat the will was executed under undue influence.
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer with 25 employees or more from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history, (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers, (iii) requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee's wage or salary history, or (iv) asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee's wage or salary history. Violations are subject to a civil penalty not to exceed $100 per violation. This bill incorporates HB 326 and HB 802.
Commending John F. Reinhart.
