Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay. Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.
Law-enforcement civilian oversight bodies; closed meetings; disclosure of certain law-enforcement records. Provides an exemption to the Virginia Freedom of Information Act to allow closed meetings for discussion or consideration by any law-enforcement civilian oversight body established pursuant to general law or established by a local governing body before July 1, 2020, and operating in a manner consistent with such law of the criminal investigative files, audit findings, and deliberations regarding police operations related to a specific complaint before the body involving any violation or attempted violation of certain offenses. The bill allows inspection of certain law-enforcement records concerning juveniles by such civilian oversight bodies when required to perform their duties and by any independent policing auditor, manager, director, or other person appointed by the local governing body to support such civilian oversight body. Finally, the bill allows disclosure of certain information regarding crimes involving sexual assault, sexual abuse, or family abuse to such civilian oversight body and independent policing auditor, manager, director, or other person appointed by the local governing body.
Impersonating law-enforcement officer; penalties. Creates a Class 5 felony for impersonating a law-enforcement officer while wearing a facial covering, as that term is defined in the bill, and a Class 4 felony for a second or subsequent violation.
Obstructing reproductive health care facility; penalties. Creates a Class 1 misdemeanor for any person who (i) by force or threat of force, or by physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, another person because such other person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services, defined in the bill, or (ii) intentionally damages or destroys, or attempts to damage or destroy, a reproductive health care facility, defined in the bill, because such facility provides reproductive health services. The bill also provides that the provisions of the bill shall not be construed to place any restriction on the content of any message that anyone may wish to communicate to anyone else, either inside or outside the regulated areas.
Department of Criminal Justice Services; powers and duties; local and regional jails; repeal of model addiction recovery program. Removes the requirement that the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. This bill is a recommendation of the Joint Commission on Health Care. This bill is identical to HB 454.
Law-enforcement officers; duty to render aid upon danger to life or limb; civil immunity. Provides that a law-enforcement officer, while engaged in the performance of his duties, has a duty to render aid to any person that he observes suffering from a serious bodily injury or life-threatening condition, as circumstances objectively permit and provided that such aid may be rendered without endangering the law-enforcement officer, the person, or others. The bill also immunizes a law-enforcement officer from civil liability for any personal injury or wrongful death resulting from such rendering or withholding of such aid absent gross negligence or willful misconduct. The bill directs the Department of Criminal Justice Services to adopt regulations to provide law-enforcement officers with basic medical training, including emergency first aid training.
Department of Criminal Justice Services; powers and duties; local and regional jails; repeal of model addiction recovery program. Removes the requirement that the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. This bill is a recommendation of the Joint Commission on Health Care and identical to SB 690.
Impersonation of law-enforcement officer while committing additional act; penalties. Provides that any person who impersonates a law-enforcement officer (i) while committing or attempting to commit aggravated murder, first or second degree murder, abduction, rape, forcible sodomy, object sexual penetration, aggravated sexual battery, or sexual battery or (ii) while circumventing, bypassing, or attempting to circumvent or bypass any security measure of any business, commercial building, residence, building owned or leased by the Commonwealth or any agency thereof, or building owned or leased by a locality or any agency thereof is guilty of a Class 6 felony. A second or subsequent offense is punishable as a Class 5 felony.
Department of Juvenile Justice; commitment of juveniles to Department; petition to extend duration of indeterminate commitment. Creates a process by which the Department of Juvenile Justice, upon determining that a juvenile currently committed to the Department should continue such commitment beyond the high end of the length of stay guidelines established by the State Board of Juvenile Justice, may petition the court that ordered a juvenile's indeterminate commitment to the Department to extend such juvenile's commitment. The bill requires the Department to file such petition at least 60 days prior to the expiration of the high end of the length of stay range, along with a report on the juvenile's progress. If the Department determines fewer than 60 days before expiration that an extension is necessary, it shall file a petition for review that includes a statement explaining the specific circumstances causing the late filing. The bill provides that the court shall schedule a hearing on the petition at which the court shall consider such progress report and may consider additional evidence as described in the bill. The bill provides that, at the conclusion of the hearing, the court shall order either that the juvenile be released or that the juvenile's period of commitment be extended for a period not to exceed six months, provided that such extension does not exceed the limitations for an indeterminate commitment provided by current law. As introduced, this bill was a recommendation of the Virginia Commission on Youth.
Modification of sentence for marijuana-related offenses. Creates a process by which a person adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The bill sunsets on July 1, 2029. This bill is identical to SB 62.
