Del. Patrick Hope

Celebrating the life of Georgia Bellman.

Commemorating the life and legacy of Dr. RobertRussa Moton.

Safe reporting of overdoses; immunity from prosecution. Providesthat no individual (i) who sought or obtained emergency medical attention forhimself or for another individual because of a drug or alcohol-related overdoseor (ii) is experiencing a drug or alcohol-related overdose and anotherindividual, in good faith, seeks or obtains emergency medical attention forsuch individual shall be prosecuted for unlawful purchase, possession, orconsumption of alcohol, simple possession of a controlled substance, possessionof marijuana, intoxication in public, or possession of controlledparaphernalia. Under current law, an affirmative defense against such offensesis available for an individual who sought or obtained emergency medicalattention for himself or for another individual because of a drug-related oralcohol-related overdose. The bill also adds the statewide poison controlsystem to the list of emergency care providers to whom individuals mustcontemporaneously report such overdoses in order to qualify for immunity fromprosecution. The bill also states that no individual who is immune fromprosecution pursuant to the provisions of the bill shall be found to be inviolation of any term or condition of probation, parole, postreleasesupervision, pretrial supervision, a suspended sentence, or bail, bond, orrecognizance on the basis of evidence obtained as a result of an individual'sseeking or obtaining emergency medical attention and that the real or personalproperty of an individual who is immune from prosecution that was used inconnection with or derived from the specified offenses shall not be subject toforfeiture to the Commonwealth. The bill also provides that immunity fromprosecution does not apply to an individual who seeks or obtains emergencymedical attention for himself or another individual, or who is experiencing anoverdose when another individual seeks or obtains emergency medical attentionfor such individual, during the execution of a search warrant or during theconduct of a lawful search or a lawful arrest.

Virginia Diverse Educator Scholarship Fund and Program established. Establishes the Virginia Diverse Educator Scholarship Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of annually providing to each Historically Black College or University in the Commonwealth (Hampton University, Norfolk State University, Virginia State University, and Virginia Union University) such sums as are necessary for each such institution to annually provide scholarships on a competitive basis to no more than two students who (i) identify as African American, Asian, Hispanic or Latino, Native American or Native Alaskan, or Native Hawaiian or Pacific Islander; (ii) are accepted to or enrolled in such institution's education preparation program; and (iii) are eligible for a federal Pell Grant to attend such institution. The bill provides that each such scholarship would consist of the following sums: (a) the cost of tuition, mandatory fees, room and board, and textbooks at such institution; (b) the recipient's teacher licensure fees; (c) $5,000 toward teacher professional development activities for the recipient, including coursework, seminars, and conferences; and (d) $10,000 toward mentorship of the recipient by an experienced teacher who is deemed by the relevant school board to be highly effective and able to provide high quality mentorship. The bill requires each student who is awarded a scholarship pursuant to the Program to agree in writing to (1) teach in a public elementary or secondary school in the Commonwealth in which at least 75 percent of the enrolled students qualify for free or reduced price lunch or are members of families whose income is below the federal poverty guidelines established by the U.S. Department of Health and Human Services upon graduation for a period that is at least as long as the period during which the recipient used scholarship funds to attend a Historically Black College or University and (2) be mentored by an experienced teacher, as described in clause (d), during such period of employment.

Mandatory outpatient treatment; rescission oforder. Clarifies the types of evidence that may be consideredby a court in determining whether continued mandatory outpatient treatmentis warranted; clarifies the criteria that a court is required to considerwhen reviewing or determining whether to rescind or continue a mandatoryoutpatient order or order for mandatory outpatient treatment followinginpatient treatment; provides that if a person who is the subjectof a mandatory outpatient treatment order or order authorizing dischargeto mandatory outpatient treatment following inpatient treatment filesa petition for rescission of the order, the court shall appoint anexaminer to personally examine the person to determine whether hemeets the criteria for inpatient admission or mandatory outpatienttreatment; limits the frequency with which a person who is the subjectof a mandatory outpatient treatment order or order authorizing dischargeto mandatory outpatient treatment following inpatient treatment maypetition for review of such order to no more than once during each90-day period following entry of such order; and makes clear thata mandatory outpatient treatment order or order authorizing dischargeto mandatory outpatient treatment following inpatient treatment remainsin full force and effect unless rescinded by the court and that revocationof a person's agreement to abide by a mandatory outpatient treatmentplan or discharge plan that has been approved by the court shall notrescind the mandatory outpatient treatment order or order authorizingdischarge to mandatory outpatient treatment following inpatient treatment.

Fossil fuel projects moratorium; clean energy mandates; civil penalties; Green New Deal Act. Establishes a moratorium, effective January 1, 2021, on approval by any state agency or political subdivision of any approval required for (i) electric generating facilities that generate fossil fuel energy through the combustion of a fossil fuel resource; (ii) import or export terminals for fossil fuel resources; (iii) certain maintenance activities relating to an import or export terminal for a fossil fuel resource; (iv) gathering lines or pipelines for the transport of any fossil fuel resource that requires the use of eminent domain on private property; (v) certain maintenance activities relating to such gathering lines or pipelines; (vi) refineries of a fossil fuel resource; and (vii) exploration for any type of fossil fuel, unless preempted by applicable federal law. The measure also requires that at least 80 percent of the electricity sold by a retail electric supplier in calendar years 2028 through 2035 be generated from clean energy resources. In calendar year 2036 and every calendar year thereafter, 100 percent of the electricity sold by a retail electric supplier is required to be generated from clean energy resources. The clean energy mandates apply to a public utility or other person that sells not less than 1,000 megawatt hours of electric energy to retail customers or generates not less than 1,000 megawatt hours of electric energy for use by the person. The Director of the Department of Mines, Minerals and Energy is authorized to bring actions for injunctions to enforce these requirements. The measure requires the Department to adopt a Climate Action Plan that addresses all aspects of climate change, including mitigation, adaptation, resiliency, and assistance in the transition from current energy sources to clean renewable energy. The measure provides that residents of the Commonwealth and organizations shall have the legal standing to sue to ensure that its provisions and any Climate Action Plan are enforced. The measure requires (a) a 36 percent reduction in electric energy consumption in buildings by 2035, (b) the establishment of job training programs and energy worker protections, (c) transitional assistance for workers in the fossil fuel industry and affected communities, and (d) environmental justice protections. The measure provides that any retail electric supplier that fails to meet any goal or benchmark is liable for a civil penalty equal to twice the cost of the financial investment necessary to meet such goal or mandate that was not achieved, or three times the cost of the financial investment necessary to meet such goal or benchmark that was not achieved if not met in an environmental justice community, defined in the bill.

Earned paid sick time. Requires public and private employers with six or more employees to provide those employees with earned paid sick time. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The measure has a delayed effective date of January 1, 2021. This bill incorporates HB 418 and HB 1684.

Commission to Investigate the May 31, 2019, Virginia Beach Mass Shooting; report. Establishes an independent commission to investigate the May 31, 2019, Virginia Beach mass shooting (the Commission). The Commission consists of 21 members appointed as follows: five members appointed by the Speaker of the House of Delegates, five members appointed by the Senate Committee on Rules, and 10 members appointed by the Governor. The Superintendent of State Police serves ex officio as a nonvoting member. The Commission is charged with investigating the underlying motive for the May 31, 2019, Virginia Beach mass shooting, investigating the gunman's entire prior employment history with the City of Virginia Beach and his interactions with coworkers and supervisors, determining how the gunman was able to carry out his actions, identifying any obstacles confronted by first responders, identifying and examining the security procedures and protocols in place immediately prior to the shootings, examining the post-shooting communications between law enforcement and families of the victims, and developing recommendations regarding improvements that can be made in the Commonwealth's laws, policies, procedures, systems, and institutions, as well as those of other governmental agencies and private providers.The Office of the State Inspector General or such other person or entity under the Secretary of Public Safety and Homeland Security staffs the Commission, as designated by the Governor. The expenses of the Commission are paid from existing appropriations to the Office of the State Inspector General or any agency under the Secretary, as determined by the Governor. The Commission has a sunset date of November 1, 2022.

Day of Women. Recognizes January 22 of each year as the Day of Women in Virginia and provides that January 22 of each year no longer be known as the Day of Tears in Virginia.

Redistricting; population data; reallocationof prison populations. Provides for the preparation of adjustedpopulation data for redistricting and reapportionment purposes toreflect the reallocation of persons incarcerated in state and localcorrectional facilities. The bill provides that a person incarceratedin a state or local correctional facility whose legal residence priorto entering custody was located within the Commonwealth will be deemedto reside at such residence, and a person incarcerated in a stateor local correctional facility whose legal residence prior to enteringcustody was located outside of the Commonwealth or whose legal residenceprior to entering custody cannot be determined will be deemed toreside at the location of the facility in which he is incarcerated.Under the U.S. Census Bureau's current residence criteria, incarceratedpersons are counted at the facility in which they are incarcerated.The bill directs the Division of Legislative Services to preparethe adjusted population data, and the General Assembly and localgoverning bodies are required to use this data as the basis for reapportioningand drawing new districts. The Director of the Department of Correctionsand the Board of Corrections are required to provide to the Divisioncertain information about each person incarcerated who was incarceratedin a state or local correctional facility on the day the decennialcensus is taken, April 1 of a year ending in zero, for these purposes.