Del. Sam Rasoul

Policies on parental notification of instructional material that includes sexually explicit content; scope and use. Provides that nothing in the law requiring the Department of Education to develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and requiring each school board to adopt policies that are consistent with but may be more comprehensive than such model policies or that is in such model policies or school board policies shall be construed to permit the censoring of books in any public elementary or secondary school. This bill is identical to SB 235.

Prohibiting inquiry into the immigration statusof defendant; notification of consequences. Provides that nocircuit court, general district court, or juvenile and domestic relationsdistrict court shall, in connection with the prosecution of a criminalviolation of state or local law, inquire into the immigration statusof any defendant unless such inquiry is relevant to the offense forwhich such defendant is being prosecuted. The bill requires thatprior to the start of proceedings, such courts shall advise any defendantthat immigration consequences, including possible detention, incarceration,or deportation connected to an immigration action, are possible ifsuch defendant is convicted of a criminal violation of state or locallaw.

Modification of sentence for marijuana-relatedoffenses. Creates a process by which persons convicted of certainfelony marijuana-related offenses committed prior to July 1, 2021,who remain incarcerated or on community supervision on July 1, 2024,may receive an automatic hearing to consider modification of suchperson's sentence. The bill also allows persons convicted of anyfelony offense committed prior to July 1, 2021, who remain incarceratedor on community supervision on July 1, 2024, and whose sentencemay have been enhanced because of a previous felony marijuana offenseor without the involvement of marijuana such felony offense convictionor felony sentence enhancement would not have been possible, as theinvolvement of marijuana was necessary to satisfy the elements ofthe charged offense or the sentence enhancement, to petition the circuitcourt for modification of such person's sentence. The bill requiressuch petition to be filed by July 1, 2026. The provisions of thisbill sunset on July 1, 2027.

Fines, restitution, forfeiture, penalties, othercosts; criminal and traffic cases; itemized statement. Requiresthe clerk of the court to provide an itemized statement to any defendantconvicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or foundnot innocent in the case of a juvenile, who is sentenced to pay afine, restitution, forfeiture, or penalty or assessed any other costsin the circuit court or appropriate district court of his countyor city at the time such fine, restitution, forfeiture, penalty,or other costs are assessed. The bill requires the clerk to alsoprovide an updated itemized statement of the outstanding balanceof any such fines, restitution, forfeiture, penalties, or other costs,including any payment history, after a payment is made and at any time upon request of the defendant. The bill also requires the clerkto make any outstanding balance of such fines, restitution, forfeiture,penalties, or other costs, including any payment history, accessibleto the defendant online.

Firearm locking device required for purchase of a firearm; warning against accessibility to children; penalty. Requires any person who purchases a firearm to either (i) obtain or purchase from a licensed dealer a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (ii) complete a certification statement on a form provided by the Department of State Police certifying that a minor is not present in such person's residence for 14 days or more in a calendar month, with exceptions enumerated in the bill. Accordingly, the bill provides that it is unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any firearm to any person, other than a licensed manufacturer, licensed importer, or licensed dealer, unless (a) the firearm is accompanied by a warning, in conspicuous and legible type in capital letters printed on a separate sheet of paper included within the packaging enclosing the firearm, that firearms should be locked and kept away from children and that there may be civil and criminal liability for failing to do so and (b) the transferee (1) obtains or purchases a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (2) completes the certification statement. A violation of either provision is a Class 3 misdemeanor.

Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant; deferred payment agreement. Extends from 90 days without payment to 180 days without payment the period of delinquency necessary for an account to be included on the required monthly report of delinquent accounts made by the clerk of the circuit court and district court. The bill also provides that for any defendant sentenced to an active term of incarceration and ordered to pay any fine, cost, forfeiture, or penalty related to the charge that such defendant is incarcerated for, or any other charge for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement for such fines, costs, forfeitures, or penalties. The bill requires the due date for such deferred payment agreement to be set no earlier than the defendant's scheduled release from incarceration on the charge for which such defendant received the longest period of active incarceration. The bill has a delayed effective date of January 1, 2025. This bill is identical to HB 612.

Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every 48 hours and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reason or reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours. This bill is identical to SB 719.

Purchase, possession, sale, transfer, etc.,of assault firearms and certain ammunition feeding devices prohibited;penalty. Creates a Class 1 misdemeanor for any person who imports,sells, manufactures, purchases, possesses, transports, or transfersan assault firearm, as that term is defined in the bill, and prohibitsa person who has been convicted of such violation from purchasing,possessing, or transporting a firearm for a period of three yearsfrom the date of conviction. The bill provides that an assault firearmdoes not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump,lever, or slide action, or was manufactured before July 1, 2024.The bill also prohibits the sale of a large capacity ammunition feedingdevice, as that term is defined in the bill. The bill provides thatany person who willfully and intentionally (i) sells an assault firearmto another person or (ii) purchases an assault firearm from anotherperson is guilty of a Class 1 misdemeanor and that any person whoimports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill alsomakes it a Class 1 misdemeanor for any person younger than 21 yearsof age to import, sell, manufacture, purchase, possess, transport,or transfer an assault firearm regardless of the date of manufactureof such assault firearm.

Equity in public school funding; student need; English language learner, special education, and at-risk students. Places several parameters on Standards of Quality funding calculations performed by the Department of Education, including (i) requiring the Department, when calculating the cost of salaries under the Standards of Quality funding formula, to include facilities staff and transportation staff salaries in the calculation of any cost of competing adjustment to salaries for instructional and support positions that is provided as part of the state share of basic aid pursuant to the general appropriation act; (ii) requiring the Department, when estimating the cost of any compensation supplement for instructional and support positions under the Standards of Quality funding formula, to include and estimate the cost of such a compensation supplement for facilities staff; (iii) prohibiting the Department from applying any cap on inflation rate adjustments to non-personal cost categories during the biennial process of rebenchmarking the direct aid to public education budget; and (iv) requiring the Department to utilize a three-year average of the most recently available data to calculate the composite index of local ability-to-pay for each school division. The bill also amends Standard of Quality 2 by (a) including in the definition of "support services position" any central office clerical position that is not otherwise set forth in such definition, (b) requiring a per-pupil Standards of Quality funding add-on to be provided for English language learner and special education students, (c) requiring, in addition to the positions supported by basic aid, state funding, pursuant to the general appropriation act, to be provided to cover the actual average school division cost to educate children with disabilities, and (d) establishing the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (1) the determination of the amount of state funding for which a school division is eligible pursuant to such At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (2) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division. The bill is a recommendation of the Joint Legislative Audit and Review Commission.

Minimum wage; farm laborers or farm employees;temporary foreign workers. Eliminates the exemptions from Virginia'sminimum wage requirements for (i) persons employed as farm laborers or farm employees and (ii) certain temporary foreign workers. This bill incorporates HB 866.