Corrections Private Management Act; name change;private management prohibited. Removes the authority of the Directorof the Department of Corrections, pursuant to the Corrections PrivateManagement Act (the Act), to enter into contracts with prison contractorsfor the operation of prison facilities, including management, custodyof inmates, and provision of security. The bill does not affect theDirector's authority pursuant to the Act, renamed by the bill as theCorrections Private Services Act, to enter into private contractsfor other correctional services, including those related to food service, medical care, transportation, sanitation, information systems, education and training programs, recreational or religious activities, financing, construction, or maintenance. The bill has a delayed effectivedate of July 1, 2024, except for a requirement that the Departmentimplement a compliance plan for all prisons by that date.
Sponsored bills
Law enforcement; use of force; data collectionand reporting requirement. Requires state and local law-enforcementofficers to collect data on use of force incidents involving law enforcement and forward the data to the Superintendent of StatePolice, which the Department of State Police shall include in theannual Crime in Virginia report. Such incidents include the following:(i) any fatality to a civilian; (ii) any serious bodily injury toa civilian; or (iii) in the absence of either death or serious injury,a discharged firearm by a state or local law-enforcement officerat or in the direction of a person. The bill specifies information required to be included in such incident report.
Expungement of police and court records; nolleprosequi taken or acquittal. Provides that a court that takesa nolle prosequi or enters a judgment acquitting a person of a criminalcharge shall, upon motion of the person, enter an order requiringthe expungement of the police and court records relating to the charge.Currently, such a person may file a separate petition for the expungementof such records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.
Prisoners; medical care. Eliminates theDepartment of Corrections prisoner co-payment program for nonemergencyhealth care services.
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer with 25 employees or more from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history, (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers, (iii) requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee's wage or salary history, or (iv) asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee's wage or salary history. Violations are subject to a civil penalty not to exceed $100 per violation. This bill incorporates HB 326 and HB 802.
Virginia Personnel Act; hiring preference instate government for persons with disabilities. Establishes ahiring preference in state government for persons with disabilities,provided that such person meets all of the knowledge, skill, andability requirements for the available position. The bill definesthe term "preference" as requiring that a person with a disabilitybe hired over a person without a disability when the two individualsare substantially equal in qualifications for an eligible position.
Marijuana; legalization of simple marijuanapossession; penalty. Eliminates criminal penalties for possessionof marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 yearsof age and provides a civil penalty of no more than $50 for a firstviolation, $100 for a second violation, and $250 for a third or subsequentviolation. Under current law, a first offense is punishable by amaximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies severalother criminal penalties related to marijuana. The bill establishesa regulatory scheme for the regulation of marijuana cultivation facilities,marijuana manufacturing facilities, marijuana testing facilities,and retail marijuana stores by the Board of Agriculture and ConsumerServices. The bill imposes a tax on retail marijuana and retail marijuanaproducts sold by a retail marijuana store at a rate of 9.7 percent(for a total sales tax of 15 percent) and provides that 67 percentof the revenues collected from the tax be deposited into the generalfund and 33 percent of the revenues be deposited into a "Retail MarijuanaEducation Support Fund" to be used solely for purposes of public education.
Health care; decision making; end of life; penalties.Allows an adult diagnosed with a terminal condition to request and an attendinghealth care provider to prescribe a self-administered controlled substance forthe purpose of ending the patient's life in a humane and dignified manner. Thebill requires that a patient's request for a self-administered controlledsubstance to end his life must be given orally on two occasions and in writing,signed by the patient and one witness, and that the patient be given an expressopportunity to rescind his request at any time. The bill makes it a Class 2felony (i) to willfully and deliberately alter, forge, conceal, or destroy apatient's request, or rescission of request, for a self-administered controlledsubstance to end his life with the intent and effect of causing the patient'sdeath; (ii) to coerce, intimidate, or exert undue influence on a patient torequest a self-administered controlled substance for the purpose of ending hislife or to destroy the patient's rescission of such request with the intent andeffect of causing the patient's death; or (iii) to coerce, intimidate, or exertundue influence on a patient to forgo a self-administered controlled substancefor the purpose of ending the patient's life. The bill also grants immunityfrom civil or criminal liability and professional disciplinary action to anyperson who complies with the provisions of the bill and allows health careproviders to refuse to participate in the provision of a self-administeredcontrolled substance to a patient for the purpose of ending the patient's life.
Naturopathic doctors; license required.Requires the Board of Medicine to license and regulate naturopathicdoctors, defined in the bill as an individual, other than a doctorof medicine, osteopathy, chiropractic, or podiatry, who may diagnose,treat, and help prevent diseases using a system of practice thatis based on the natural healing capacity of individuals, using physiological,psychological, or physical methods, and who may also use naturalmedicines, prescriptions, legend drugs, foods, herbs, or other naturalremedies, including light and air.
Transit funding. Raises the existing regional transportation fee, a grantor's tax, from $0.15 per $100 to $0.20 per $100 for localities in the Northern Virginia Transportation Authority that are also members of the Northern Virginia Transportation District. The bill requires half of the revenues to be deposited in the Northern Virginia Transportation Authority Fund and half to be deposited in the Washington Metropolitan Area Transit Authority (WMATA) Capital Fund. The rate of tax in the other localities will remain at $0.15 per $100, with one-third of the revenues to be retained by the locality to be used for transportation purposes and the other two-thirds to be deposited in the Northern Virginia Transportation District Fund. The bill also raises the existing transient occupancy tax in the localities located in the Northern Virginia Transportation District from $2 to $3, with all of the revenues from the tax being used to support WMATA. This bill incorporates HB 977.