Del. Mark Sickles

Celebrating the life of Thomas Michael Simcoe.

Commending Richard D. Holcomb.

Commending George Mason University.

Commending the Honorable Michael J. Cassidy.

Commending Daphne Tamara Fulson.

Commending The Arc of Northern Virginia.

Certificate of public need; charity care. Provides that the Commissioner of Health shall not impose conditions related to the agreement of the applicant to provide care to individuals who are eligible for benefits under Title XVIII or XIX of the Social Security Act or TRICARE on certificates of public need for projects involving nursing homes.

Commending the Honorable M. Kirkland Cox.

Workers' compensation; presumption of compensabilityfor COVID-19. Establishes a presumption that COVID-19 causingthe death or disability of firefighters, emergency medical servicespersonnel, law-enforcement officers, and correctional officers isan occupational disease compensable under the Workers' CompensationAct. The bill provides that the COVID-19 virus is established bya positive diagnostic test for COVID-19, an incubation period consistentwith COVID-19, and signs and symptoms of COVID-19 that require medicaltreatment. The bill provides that such presumption applies to anydeath or disability occurring on or after March 12, 2020, causedby infection from the COVID-19 virus, provided that for any suchdeath or disability that occurred on or after March 12, 2020, andprior to December 31, 2021, the claimant received a diagnosis ofCOVID-19 from a licensed physician, after either a presumptive positivetest or a laboratory confirmed test for COVID-19, and presented withsigns and symptoms of COVID-19 that required medical treatment.

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (b) an intellectual or developmental disability. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.