Del. Marcus Simon

Celebrating the life of the Honorable GeraldL. Baliles.

Commemorating the life and legacy of Dr. RobertRussa Moton.

Practice of pharmacy; compounding; regulation by Board ofPharmacy. Provides that the compounding of drugs provided to the Departmentof Corrections for the purpose of carrying out an execution by lethal injectionconstitutes the practice of pharmacy and is subject to the requirements of theDrug Control Act and the jurisdiction of the Board of Pharmacy. The billprovides that only outsourcing facilities may compound such drugs; currently,both pharmacies and outsourcing facilities may compound such drugs. The billalso clarifies that the Board of Pharmacy may inspect any pharmacy or otherplace where drugs, cosmetics, or devices are manufactured, stored, or dispensedin response to complaints received by the Board, in any case in which the Boardhas reason to believe that the pharmacy or such other place has violated anystate or federal law, or as otherwise deemed necessary by the Board to protectthe health and safety of the public. The bill replaces one of the two consumerpositions on the Board of Health with a pharmacist with experience incompounding, requires the Board of Health to educate the public about safe useof compounded drugs, and requires the Board of Health and the Board of Pharmacyto report annually to the Governor and the General Assembly on actions taken(i) to ensure the safety and quality of compounded drugs produced bycompounding pharmacies and outsourcing facilities located in the Commonwealth,as well as those outside the Commonwealth that provide compounded drugs topatients in the Commonwealth; (ii) to reduce illegal use of opioids and opioidabuse in the Commonwealth; and (iii) to implement provisions of and ensurecompliance with the requirements of federal law related to prescription drugidentification, tracing, and verification.

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.

Institutions of higher education; intercollegiateathletics; student-athletes; compensation and representation. Prohibits anyprivate institution of higher education, baccalaureate public institution ofhigher education, athletic association, athletic conference, or otherorganization with authority over intercollegiate athletics from (i) providing aprospective student-athlete with compensation that results from the use of thestudent's name, image, or likeness; (ii) prohibiting or preventing astudent-athlete from earning from another individual or entity compensationthat results from the use of the student's name, image, or likeness, except incertain limited circumstances; (iii) prohibiting or preventing astudent-athlete from obtaining professional representation by an athlete agentor legal representation by an attorney licensed to practice law in theCommonwealth; or (iv) declaring ineligible for or revoking a scholarshipprovided to a student-athlete who earns compensation that results from the useof the student's name, image, or likeness. The bill prohibits any athleticassociation, athletic conference, or other organization with authority overintercollegiate athletics from prohibiting or preventing a private institutionof higher education or baccalaureate public institution of higher educationfrom becoming a member of or participating in intercollegiate athleticssponsored by such association, conference, or organization as a consequence ofthe compensation of a student-athlete at such institution that results from theuse of the student-athlete's name, image, or likeness. The foregoing provisionsof the bill have a delayed effective date of July 1, 2024. The bill alsorequires the Chancellor of the Virginia Community College System to convene awork group consisting of such members as the Chancellor deems appropriate toconsider and make recommendations to the Governor and the General Assembly nolater July 1, 2022, relating to the compensation and representation ofstudent-athletes enrolled at comprehensive community colleges in theCommonwealth.

Transfer of multiple firearms; report to theDepartment of State Police. Requires any dealer who sells, trades,or transfers more than two firearms to an individual in a singletransaction to report such transaction to the Department of StatePolice. The bill also provides that the State Police shall maintainmultiple firearms transaction records for 12 months. Current lawstates that State Police shall maintain multiple handgun transactionrecords for 12 months.

Post-conviction relief; previously admitted scientificevidence. Provides that a person who was convicted of certain offenses,upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent,upon a plea of not guilty or an Alford plea, by a circuit court of an offensethat would be a covered offense if committed by an adult may petition the Courtof Appeals to have his conviction vacated. The petition shall allege (i) thecovered offense for which the petitioner was convicted or adjudicateddelinquent; (ii) that the petitioner did not commit the covered offense forwhich the petitioner was convicted or adjudicated delinquent, nor engage inconduct that would support a conviction for a lesser offense or any other crimearising from, or reasonably connected to, the facts supporting the indictmentor information upon which he was convicted or adjudicated delinquent; (iii) anexact description of the forensic scientific evidence and its relevance indemonstrating that the petitioner did not commit the covered offense; (iv)specific facts indicating that relevant forensic scientific evidence was notavailable or could not have been obtained in the exercise of diligence beforethe expiration of 21 days following entry of the final order of conviction oradjudication of delinquency, or that discredited forensic scientific evidencewas admitted at the petitioner's trial or adjudication of delinquency; and (v)that the admission of the discredited forensic scientific evidence or theabsence of the newly available forensic scientific evidence was not harmless.The bill provides that if the court finds by clear and convincing evidence thatthe admission of the discredited forensic scientific evidence or the absence ofthe newly available forensic scientific evidence was not harmless, the courtmay grant the petition and vacate the petitioner's conviction, subject toretrial in the discretion of the Commonwealth. The bill has a delayed effectivedate of July 1, 2021, and an expiration date of July 1, 2025.

Grand larceny; threshold. Increases from$500 to $1,500 the threshold amount of money taken or value of goodsor chattel taken at which the crime rises from petit larceny to grandlarceny. The bill increases the threshold by the same amount forthe classification of certain property crimes.

Study; JLARC; effects of gun violence on communities;report. Directs the Joint Legislative Audit and Review Commissionto study the social, physical, emotional, and economic effects ofgun violence on communities across the Commonwealth.