Criminal Justice

Callous disregard for human life and probable consequences; penalties. Makes it a Class 1 misdemeanor for any person who commits a criminal act and whose conduct was so gross, wanton, or culpable as to indicate a callous disregard for human life and for the probable consequences of his conduct. The bill enhances the penalty to a Class 6 felony where such person knew or should have known that the consequences of such conduct would pose a greater risk to first responders.

Court Date Reminder Program established. Establishes a Court Date Reminder Program, to be developed or procured by the Executive Secretary of the Supreme Court of Virginia, for the purpose of reminding criminal defendants to appear at each of their scheduled court appearances and to provide any related information. The bill directs the Program to send a text message notification to any defendant with a criminal case or traffic infraction in general district court or circuit court, allows a defendant to opt out of participating in the Program, and allows the Program administrator or his designee to use other communication methods to contact a defendant when such defendant is unable to receive text messages, including telephone, email, or other internet-based technology.

Office of the Executive Secretary; annual trauma-informed education for certain court personnel. Requires the Office of the Executive Secretary of the Supreme Court of Virginia to provide annual continuing legal education on trauma-informed practices in proceedings involving sexual abuse or abuse of a family or household member to magistrates, clerks, judges of juvenile and domestic relations district courts, general district courts, and circuit courts, and other court employees.

Petition for modification of a sentence; eligibility; procedures; report. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.

Assault and battery; definition of "Islamophobia"; penalty. Defines "Islamophobia" as it relates to the crime of assault and battery as malicious prejudice or hatred directed toward Islam or Muslims. This definition applies regardless of whether the victim is actually a practitioner of Islam, provided that the perpetrator targeted such victim based on a perceived adherence to such faith. The bill also clarifies that religious conviction includes Islam. The bill directs the Department of State Police, in consultation with the Office of the Attorney General and the Office of Diversity, Equity, and Inclusion, to include the bill's definition of "Islamophobia" in its hate crime reporting central repository.

Possession of fentanyl in presence of minor prohibited; enhanced penalty. Makes it a Class 3 felony for any person 18 years of age or older to knowingly possess any substance containing a detectable amount of fentanyl, including its derivatives, isomers, esters, ethers, salts, and salts of isomers, in the presence of a minor younger than 15 years of age, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act.

Parole; eligibility; youthful offenders. Expands the eligibility requirements for juvenile parole to include (i) any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was 20 years of age or younger and who has served at least 20 years of such sentence and (ii) any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was 20 years of age or younger and who has served at least 20 years of such sentence. Under current law, only a person who was a juvenile when he committed any such offense is eligible for juvenile parole.

Crimes by gangs; definition of "predicate criminal act"; penalties. Adds the misdemeanor and felony offenses of carrying a concealed weapon and the misdemeanor offense of pointing, holding, or brandishing a firearm, air or gas operated weapon, or object similar in appearance to the definition of "predicate criminal act" related to prohibited criminal street gang participation.

Marijuana field test; testimony as to the results; consuming or possessing marijuana or marijuana products while in a motor vehicle or on public school grounds. Allows a law-enforcement officer to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science regarding whether or not any plant material at issue is marijuana in a trial for a violation of using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway or consuming or possessing marijuana or marijuana products in or on public school grounds, provided the defendant has been given written notice of his right to request a full chemical analysis. Current law allows a law-enforcement officer to testify as to the results of a marijuana field test in a trial for underage possession or consumption of marijuana.

Carrying assault firearms in public areas prohibited; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns or any firearm modified to be operable as an assault firearm on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. A violation of this prohibition is a Class 1 misdemeanor. This bill was incorporated into SB 727.