Line of Duty Act; sheriffs and deputy sheriffs. Provides that a sheriff or deputy sheriff shall be eligible for Line of Duty Act benefits. Under current law, sheriffs or deputy sheriffs are only eligible for Line of Duty Act benefits in the City of Richmond.
Department of Juvenile Justice; transfer of responsibility from Secretary of Public Safety and Homeland Security to Secretary of Health and Human Resources; stakeholder work group. Directs the Office of the Secretary of Public Safety and Homeland Security and the Office of the Secretary of Health and Human Resources to convene a stakeholder work group to create a plan and recommended timeline for transferring responsibility for the Department of Juvenile Justice from the Secretary of Public Safety and Homeland Security to the Secretary of Health and Human Resources. The bill requires the work group to be composed of interested parties, including representatives from civil liberty organizations, organizations engaged in the daily work of youth justice and violence prevention, formerly incarcerated persons and their families, and mental health experts. The bill directs the work group to submit its plan and recommended timeline for executing the transfer to the Chairs of the House Committee for Courts of Justice, House Committee on Public Safety, Senate Committee for Courts of Justice, and Senate Committee on Rehabilitation and Social Services by November 1, 2026.
Certain sex offenses; sexual extortion; unlawful creation of image of another; penalties. Provides that any person who, with the intent to cause the complaining witness to engage in certain sexual acts, maliciously (i) threatens in writing, including electronically, (a) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (b) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, that depicts the complaining witness or such complaining witness's family or household member, as defined in relevant law, as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or (ii) threatens eviction, loss of housing, property damage, or any financial loss, but such complaining witness does not thereby engage in such sexual acts is guilty of attempted sexual extortion and shall be punished as prescribed by relevant law.The bill also adds to the existing offense of unlawfully creating an image of another a prohibition on any person knowingly and intentionally creating any videographic or still image by any means whatsoever of any nonconsenting person if that person is not exposed to show the genitals, pubic area, buttocks, or female breast but such videographic or still image is obscene, as defined in relevant law, when such nonconsenting person is in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location. A violation of such prohibition is a Class 1 misdemeanor unless such nonconsenting person is younger than the age of 18, in which case it is elevated to a Class 6 felony.
Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children. Provides that all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law, shall be subject to lawful seizure by a law-enforcement officer and forfeited to the Commonwealth by order of the court trying the case. The bill also (i) requires the court to order the destruction of all such equipment, devices, and other personal property, (ii) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (iii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iv) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.
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.
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.
Admission to bail; fixing terms of bail; mental health considerations. Requires the judicial officer, prior to conducting any hearing on the issue of bail, release, or detention, to obtain the person's criminal history and any emergency custody or temporary detention order or involuntary admission issued for such person. The bill also requires the judicial officer to consider any emergency custody or temporary detention order or involuntary admission issued for the person when determining admission to bail. Lastly, the bill requires the judicial officer to take into account the following factors in fixing the terms of bail if such person is admitted to bail: (i) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a family or household member as defined in relevant law; (ii) the history of the accused or juvenile, including medical, mental health, including any emergency custody or temporary detention order or involuntary admission issued pursuant to relevant law, or substance abuse treatment; (iii) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child; and (iv) whether such person will be an unreasonable danger to himself, family or household members as defined in relevant law, or the public.
Deferred or installment payment agreements; outstanding court-assessed fines, fees, taxes, or costs. Provides that the attorney for the Commonwealth or the clerk of the circuit court shall not require any defendant sentenced to an active term of incarceration and ordered to pay any fine cost, forfeiture, or penalty related to the charge for which such defendant was incarcerated, or any other chare for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement with a due date set no earlier than 180 days after the defendant's scheduled release from incarceration on the charges for which such defendant was sentenced on the same day.
Possession or transportation of firearms, firearms ammunition, stun weapons, or explosives or carrying of concealed weapons by persons convicted of a misdemeanor hate crime prohibited; penalty. Prohibits any person who, on or after July 1, 2026, commits assault or assault and battery against a person he intentionally selected because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin and is subsequently adjudicated delinquent or convicted of such offense from knowingly and intentionally possessing or transporting any firearm or ammunition for a firearm, any stun weapon, or any explosive material or carrying a concealed weapon, a violation of which is a Class 1 misdemeanor.
Certain civil arrests prohibited in courthouses; penalty. Provides that a party who is required to attend any court of the Commonwealth, or such party's family or household member or person attending the court with such party to serve as a witness, shall be privileged from civil arrest, defined in the bill, while attending, going to, or coming from the court. The bill also prohibits a person with the lawful authority to perform civil arrests from entering a courthouse to conduct a civil arrest unless he complies with certain requirements, including presenting a judicial warrant or judicial order authorizing the civil arrest to the appropriate courthouse officer or employee. Additionally, the bill requires that any judicial warrant or judicial order authorizing the civil arrest be reviewed by a designated judicial officer or attorney before a civil arrest pursuant to such warrant or order can be performed. Finally, the bill provides that any person who conducts a civil arrest, or facilitates or assists with the performance of, a civil arrest in violation of the provisions of the bill shall be punished with contempt of court.
