Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation and clarifies that a technical violation shall not include a violation of any specific or special term or condition imposed by the court in the original or any subsequent sentencing order and includes the consequences of a violation based solely upon a first technical violation and for a second or subsequent technical violation or any other violation, including a violation of any specific or special term or condition imposed by the court in the original or any subsequent sentencing order. Currently, there are limitations on the amount of active incarceration a court may impose for technical violations. The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to five years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense. The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
Sponsored bills
Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of an infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of an infant who has been born alive following performance of an abortion and for the immediate reporting to law enforcement of any failure to provide such required treatment and care.
Teaching or promotion of certain concepts in public elementary and secondary education; declaration as unlawful and discriminatory practice. Declares it an unlawful and discriminatory practice for any local school board or employee or contractor thereof to teach any public elementary or secondary school student to believe or promote to any such student as valid the belief that (i) one race or sex is inherently superior to another race or sex; (ii) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (iii) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex; (iv) an individual's moral character is necessarily determined by the individual's race or sex; or (v) an individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex, but permits any local school board or employee or contractor thereof to teach to any public elementary or secondary school student content that includes the past or present belief, by any individual or group, in any such concept.
Provision of abortion; right to informed consent. Requires physicians and authorized nurse practitioners to followcertain procedures and processes to effect a pregnant woman's informedwritten consent prior to the performance of an abortion.
Students who receive home instruction; participation in interscholastic programs. Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is a person of school age for whom public school is free; (v) has not reached the age of 19 by August 1 of the current academic year; (vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity; (vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill provides that no local school board is required to establish a policy to permit students who receive home instruction to participate in interscholastic programs. The bill permits reasonable fees to be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including fees to cover the costs of additional insurance, uniforms, and equipment and fees for facility upkeep and facility maintenance. The bill has an expiration date of July 1, 2027.
Department of Education; school boards; guidelinesfor the provision of counseling services in public schools. Requiresthe Department of Education to develop and each local school boardto adhere to guidelines for the provision of counseling servicesin public schools, which shall include (i) provisions for parentalconsent; written parental notification; parental involvement, asappropriate; and confidentiality; (ii) procedures by which a parentmay limit or prohibit his child's participation; (iii) appropriateexceptions to the procedures by which a parent may limit or prohibithis child's participation such as imminent need, health, or safetyor maintaining order in the school; and (iv) any other provision deemednecessary by the Department.
Russia; boycott of goods and services. Encouragingall residents of the Commonwealth of Virginia to boycott all goodsand services originating in Russia.
Family life education programs; student participation; summaries. Prohibits any public elementary or secondary schoolstudent from participating in any family life education program withoutthe prior written consent of his parent. The bill requires the summarythat is required to be posted and distributed to parents for eachsuch program to include contact information for the individual oroffice responsible for maintaining printed and audio-visual programmaterials.
Parental Choice Education Savings Accounts established.Permits the parents of qualified students, defined in the bill, to apply to the school division in which the qualified student residesfor a one-year, renewable Parental Choice Education Savings Accountthat consists of an amount that is equivalent to a certain percentage of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the residentschool division in which the qualified student resides, includingthe per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding for which thequalified student is eligible. The bill permits the parent of thequalified student to use the moneys in such account for certain education-relatedexpenses of the qualified student, including tuition, deposits, fees,and required textbooks at a private elementary school or secondaryschool that is located in the Commonwealth. The bill also contains provisions relating to auditing, rescinding, and reviewing expensesmade from such accounts.
Immunizations; authority of the Commissionerof Health; religious exception. Exempts a person, including aparent or guardian on behalf of a child, who objects to administrationof a vaccine on religious grounds from mandatory immunization requirementsduring an epidemic. Currently, exemption from mandatory immunization requirements during an epidemic is available only to those personsto whose health the administration of the vaccine would be detrimental,as certified in writing by a licensed physician.