Distributing nitrous oxide prohibited; penalties. Prohibits the sale or distribution of (i) a device that is designed or intended to deliver a gas containing nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide that has, or is marketed as having, the taste or smell of any food or beverage that is distinguishable by an ordinary consumer either prior to or during consumption or use of such nitrous oxide to any person not exempted in the bill; and (iii) a container of nitrous oxide that exceeds eight grams, with exceptions defined in the bill. A violation of such prohibitions is a Class 1 misdemeanor. This bill is identical to HB 648.
Department of Health; Department of Corrections; peer recovery specialists. Directs the Virginia Department of Health and the Virginia Department of Corrections to develop agency guidelines for hiring peer recovery specialists with previous criminal convictions for compensated employment. As introduced, this bill was a recommendation of the Joint Commission on Health Care. This bill is identical to HB 209.
Offenses relating to gift cards; penalties. Adds the offenses of gift card theft, gift card forgery, gift card fraud, and criminally receiving goods and services fraudulently obtained to the existing provisions of law related to credit cards. This bill is identical to SB 444.
Release of accused on secured or unsecured bond. Removes the conditions requiring that any person arrested for a felony who (i) has previously been convicted of a felony, (ii) is presently on bond for an unrelated arrest in any jurisdiction, or (iii) is on probation or parole be released only upon a secure bond. Additionally, the bill adds to the factors a judicial officer shall consider in making a bail determination (a) the person's current bond status for an unrelated arrest in any jurisdiction and (b) whether the person is on probation or parole.
Distributing nitrous oxide prohibited; penalties. Prohibits the sale or distribution of (i) a device that is designed or intended to deliver a gas containing nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide that has, or is marketed as having, the taste or smell of any food or beverage that is distinguishable by an ordinary consumer either prior to or during consumption or use of such nitrous oxide to any person not exempted in the bill; and (iii) a container of nitrous oxide that exceeds eight grams, with exceptions defined in the bill. A violation of such prohibitions is a Class 1 misdemeanor. This bill is identical to SB 360.
Penalties for failure to appear; contempt. Provides that a court shall consider certain mitigating factors to determine whether the failure of any person to appear before any court or judicial officer as required was willful. Under current law, no mitigating factors are specified for a court or judicial officer to consider in determining whether a person willfully failed to appear. This bill is identical to SB 283.
Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to HB 124.
Judicial Inquiry and Review Commission; magistrates; availability of complaint forms in courthouses. Requires that paper copies of any standardized form developed and utilized by the Judicial Inquiry and Review Commission and any standardized form developed and utilized by the Department of Magistrate Services in the Office of the Executive Secretary of the Supreme Court of Virginia for the filing of a complaint be made available to the public in the clerk's office in all state courts of the Commonwealth. The bill also requires that a sign be posted in all such courts, in a location accessible to the public, that notes the availability and location of such forms.
Decreasing probation period. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations. This bill is identical to SB 136.
Local, regional, and community correctional facilities; access to counsel for inmates. Requires the State Board of Local and Regional Jails to establish additional standards no later than January 1, 2027, to ensure access to legal counsel for inmates held in any local, regional, or community correctional facility and enumerates the standards that the Board shall include in such additional standards.