Del. Marcus Simon

Fines and costs; accrual of interest; deferralor installment payment agreements. Provides that no interestshall accrue on any fine or costs imposed in a criminal case or ina case involving a traffic infraction (i) for a period of 180 daysfollowing the date of the final judgment imposing such fine or costs;(ii) during any period the defendant is incarcerated; and (iii) fora period of 180 days following the date of the defendant's releasefrom incarceration if the sentence includes an active term of incarceration.Current law prohibits interest from accruing on such fines or costsfor a period of 40 days from the date of the final judgement imposing such fine or costs or during any period the defendant is incarcerated. The bill also removes the requirement thata defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to beeligible to enter into a deferred or installment payment agreementand allows any defendant to enter such payment agreements. The billremoves the one-time fee not to exceed $10 that a court may assesswhen a defendant is unable to make payment within 90 days of sentencingand provides that no fee shall be assessed in connection with a defendant'sparticipation in a deferred or installment payment agreement. Thebill removes the requirement that a defendant make a down paymentupon entering a deferred, modified deferred, or installment paymentagreement.

Rare Disease Council and Rare Disease Council Fund; report. Creates the Rare Disease Council for the purpose of (i) advising the Governor and the General Assembly on the needs of individuals with rare diseases in the Commonwealth; (ii) identifying challenges that such individuals face, including delays in obtaining a diagnosis or the receipt of a misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases; (iii) funding research related to rare diseases and the development of new treatments for rare diseases; and (iv) funding for supports for persons with rare diseases in the Commonwealth. The bill also creates the Rare Disease Council Fund to be used for the purpose of (a) funding research related to rare diseases and the development of new treatments for rare diseases and supports for persons with rare diseases in the Commonwealth and (b) supporting the work of the Rare Disease Council.

Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779.

Virginia Agriculture Food Assistance Programand Fund; established. Requires the Commissioner of Agricultureand Consumer Services (the Commissioner) to establish the VirginiaAgriculture Food Assistance Program (VAFA Program) for Virginia farmersand food producers to donate, sell, or otherwise provide agricultureproducts to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disbursemoneys to such charitable food assistance organizations to reimbursefarmers or food producers for any costs associated with harvesting,processing, packaging, or transporting agriculture products donatedto such charitable food assistance organizations. The bill authorizesthe Commissioner to adopt guidelines and regulations to carry outthe VAFA Program.

Aging services; economic and social need. Provides that, in providing aging services, the Department for Aging and Rehabilitative Services shall prioritize providing services to older persons with the greatest economic or social need. The bill defines "economic need" as need resulting from an income level at or below the poverty line and "social need" as need caused by noneconomic factors, including (i) physical and mental disabilities, which may include developmental disabilities and human immunodeficiency virus; (ii) language barriers; and (iii) cultural, social, or geographic isolation, including that caused by racial or ethnic status, gender identity, gender expression, or sexual orientation that restricts an individual's ability to perform normal daily tasks or threatens such individual's capacity to live independently.

Telemedicine. Clarifies that nothing shallpreclude coverage of telehealth services by an insurer proposing to issue individual or group accident and sickness insurance policiesproviding hospital, medical and surgical, or major medical coverageon an expense-incurred basis; a corporation providing individualor group accident and sickness subscription contracts; or a healthmaintenance organization providing a health care plan for healthcare services. The bill requires the Board of Medical AssistanceServices to amend the state plan for medical assistance to providefor payment of medical assistance for remote patient monitoring servicesprovided via telemedicine for certain high-risk patients, and providesfor the establishment of a practitioner-patient relationship viatelemedicine for the prescribing of Schedule II through VI controlledsubstances.

Local Food and Farming Infrastructure Grant Program. Establishes the Local Food and Farming Infrastructure Grant Program and authorizes the Governor to award grants to political subdivisions from the Governor's Agriculture and Forestry Industries Development Fund as part of the Program. Such grants, in amounts up to $25,000, shall be awarded on a competitive basis to support infrastructure development projects that support local food production and sustainable farming. The bill directs the Secretary of Agriculture and Forestry to develop guidelines for the Program that favor projects that establish or maintain farmers markets; businesses or organizations that manage the aggregation, distribution, and marketing of food products primarily from local and regional producers; and primarily locally owned processing facilities.

Emergency order for adult protective services; acts of violence, force, or threat or financial exploitation; penalty. Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult's family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. The bill provides that any person who violates any such condition is guilty of a Class 1 misdemeanor. Also, the bill provides that hearings on emergency orders for adult protective services shall be held no earlier than 24 hours and no later than 72 hours after the notice required has been given, unless such notice has been waived by the court. Current law just requires such hearing be held no earlier than 24 hours. Lastly, the bill provides that if the court enters an order containing any of the aforementioned conditions, the primary law-enforcement agency providing service and entry of protective orders shall enter the name of the perpetrator into the Virginia Criminal Information Network and the order shall be served forthwith on the perpetrator.

Practice as a physician assistant. Eliminatesthe requirement that a physician assistant enter into a practiceagreement with a single patient care team physician or patient care team podiatrist and provides that a patient care team physicianor patient care team podiatrist shall not be liable for the actionsor inactions of a physician assistant for whom the patient care team physician or patient care team podiatrist provides collaborationand consultation. The bill also makes clear that a student physicianassistant shall not be required to be licensed to engage in actsthat otherwise constitute practice as a physician assistant, providedthat the student physician assistant is enrolled in an accreditedphysician assistant education program.

Virginia LGBTQ+ Advisory Board. Establishesthe Virginia LGBTQ+ Advisory Board to advise the Governor regardingthe economic, professional, cultural, educational, and governmentallinks between the Commonwealth and the LGBTQ+ community in Virginiaand sets out the powers and duties of the Board. The Board shallbe composed of 21 nonlegislative citizen members, at least 15 ofwhom shall identify as LGBTQ+, to be appointed by the Governor, andthe Secretaries of the Commonwealth, Commerce and Trade, Education,Health and Human Resources, and Public Safety and Homeland Security,or their designees, who shall serve as ex officio members.