Criminal Justice

Use of confidential informants in drug-related investigations. Directs the Department of Criminal Justice Services to establish a model policy for the use of confidential informants in drug-related investigations and to include in such model policy that (i) no individual currently on probation or pretrial may serve as a confidential informant without notice to his probation, pretrial services, or parole officer; (ii) no individual who has, within the last six months, been found to have violated the terms of his probation or parole shall serve as a confidential informant whose testimony may be necessary in the prosecution of a criminal matter in the courts of the Commonwealth; (iii) law-enforcement personnel shall obtain approval from the appropriate local attorney for the Commonwealth prior to working with a confidential informant; and (iv) such confidential informant shall not unlawfully use or possess any controlled substances.

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.

Virginia Residential Landlord and Tenant Act; landlord remedies; rental agreement noncompliance; victim of family abuse. Removes the requirement that a tenant who is a victim of family abuse provide the landlord prompt notification should the perpetrator return to the dwelling unit to prevent the landlord from terminating a lease solely due to such act of family abuse occurring in the dwelling unit or on the premises by a perpetrator barred from the dwelling unit. Under the bill, if the tenant provides the landlord with a copy of the protective order, should the perpetrator not already be barred from the unit by the landlord, the lease shall not be terminated due solely to an act of family abuse against the tenant by a perpetrator barred from the dwelling unit.

Medical cannabis; administration to terminally ill patients; report. Directs the Department of Health to promulgate regulations specifying that hospital staff may store, dispense, and administer cannabis oil when a patient has valid certification and exempts such staff from criminal penalties for possession of cannabis oil. The bill directs the Department of Health to convene a work group to discuss the implementation process for providing cannabis products to patients in medical care facilities and report on its discussion to the Chairs of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2026. This bill incorporates HB 486. This bill is identical to SB 332.

Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

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.

Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. Authorizes a general district court and a juvenile and domestic relations district court to retain jurisdiction over a felony offense for the purpose of allowing the accused to complete a specialty docket or behavioral health docket established pursuant to relevant law. Current law only explicitly provides such courts with the ability to certify felony charges to the circuit court or dismiss such charges after a preliminary hearing to determine if probable cause exists for such charges.

Reporting requirements of state, regional, and local correctional facilities; pregnant and postpartum inmates. Requires the warden or other official in charge of a state correctional facility that houses women prisoners to compile a monthly summary and the sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, to compile a quarterly summary of all of the following and submit such summary to the Director of the Department of Corrections or State Board of Local and Regional Jails, as applicable: (i) the number of prisoners known to be pregnant in the facility, (ii) the number of prisoners in postpartum recovery in the facility, (iii) the number of women prisoners in the facility, (iv) the total number of prisoners in the facility, (v) the number of deaths of prisoners known to be pregnant in the facility, and (vi) the number of deaths of prisoners in postpartum recovery in the facility. The bill also requires such summary to be submitted to the Maternal Mortality Review Team and the Chairs of the House and Senate Committees for Courts of Justice. Lastly, the bill requires the sheriff in charge of a local correctional facility, or his designee, or the jail superintendent of a regional correctional facility, or his designee, to compile a quarterly summary of all written reports received pursuant to relevant law regarding use of restraints on any prisoner known to be pregnant or any prisoner who is in postpartum recovery and any body cavity search of a pregnant prisoner and submit such summary to the Board each quarter.

Licensed substance abuse treatment practitioners; licensure by endorsement; licensure without examination. Directs the Board of Counseling to establish a pathway to licensure by endorsement as a licensed substance abuse treatment practitioner for applicants who have held certification as a certified substance abuse counselor for at least 10 years without a history of disciplinary action, have completed at least five years of documented supervised experience, hold at least a master's degree in an appropriate field of counseling, and hold a Master Addiction Counselor credential issued by NAADAC, the Association for Addiction Professionals. The bill provides that such pathway to licensure by endorsement does not require examination.

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to HB 247.