Del. Mark H. Levine

Commending the Loudoun County branch of theNAACP.

Commending Edwin C. Roessler, Jr.

Commending Tom Hirst and Magaly Galdo-Hirst.

Commending Kirk Kincannon.

Study: joint subcommittee to study recurrentinland and urban flooding across the Commonwealth; report. Establishesa two-year joint subcommittee, consisting of eight legislative membersand five nonlegislative citizen members, to study the developmentof a comprehensive and coordinated planning effort to address recurrentflooding in inland and urban areas across the Commonwealth. The joint subcommittee shall complete its work by November 30, 2022, and submitits findings and recommendations by the first day of the 2023 Sessionof the General Assembly.

Court appearance of a person not free on bail.Makes various changes to provisions regarding bail hearings, including(i) the appointment of counsel for the accused, (ii) the informationprovided to counsel for the accused, (iii) a requirement that counselfor the accused be provided with adequate time to confer with the accused prior to any bail hearing, and (iv) the compensation of counselfor the accused. Effective in due course, the bill provides thatthe chief judge in each circuit shall create a plan to be completedby October 1, 2021, that establishes the means by which the jurisdictionwill meet these requirements. The remainder of the bill has a delayedeffective date of January 1, 2022.

Alcoholic beverage control; local outdoor refreshment areas. Defines "outdoor refreshment area" and permits the governing body of any locality in the Commonwealth to designate, by ordinance, up to three outdoor refreshment areas within such locality. The bill provides that such ordinance would permit the consumption of alcoholic beverages within the outdoor refreshment area, provided that such alcoholic beverages are purchased from a permanent retail on-premises licensee located within such designated area and are contained in disposable containers with a maximum capacity of no more than 16 fluid ounces that clearly display the selling licensee's name or logo. The bill requires the locality, prior to adopting such an ordinance, to create a public safety plan for each outdoor refreshment area. This bill was incorporated into HB 2266.

Creation of Office of the Department of Corrections Ombudsman. Creates the Office of the Department of Corrections Ombudsman (the Office). The bill enumerates the duties and powers of the Office, which include (i) providing information, as appropriate, to inmates, family members, representatives of inmates, Department of Corrections employees and contractors, and others regarding the rights of inmates; (ii) monitoring conditions of confinement and assessing compliance with applicable federal, state, and local rules, regulations, policies, and best practices as related to the health, safety, welfare, and rehabilitation of inmates; (iii) providing technical assistance to support inmate participation in self-advocacy; (iv) providing technical assistance to local governments in the creation of correctional facility oversight bodies, as requested; (v) establishing a statewide uniform reporting system to collect and analyze data related to complaints received by the Department and data related to (a) deaths, suicides, and suicide attempts in custody; (b) physical and sexual assaults in custody; (c) the number of inmates placed in solitary confinement; (d) the number of facility lockdowns lasting longer than 24 hours; (e) the number of staff vacancies at each facility; (f) the inmate-to-staff ratios at each facility; (g) staff tenure and turnover; and (h) the number of in-person visits to inmates that were made and denied at each facility; (vi) establishing procedures to gather stakeholder input into the Office's activities and priorities, which must include, at a minimum, an annual 30-day period for receipt of and Office response to public comment; (vii) inspecting each state correctional facility at least once every three years and at least once every year for any maximum security facility and any facility where the Office has found cause for more frequent inspection or monitoring; and (viii) issuing publicly periodic facility inspection reports and an annual report with recommendations on the state correctional facilities and a summary of data and recommendations arising from any complaints investigated and resolved. The bill also establishes a Corrections Oversight Committee, which is responsible for selecting the Department of Corrections Ombudsman. The bill additionally outlines the Office's authority to conduct inspections of each Department or Board facility and requires the submission of an annual report to the Governor, the Attorney General, the Senate Committee on the Judiciary, the House Committee for Courts of Justice, and the Director of the Department. The bill also provides for the authority of the Office to conduct investigations of complaints made by inmates, family members or friends, and advocates.

Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute. The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a weighable quantity or a countable dosage unit. The bill contains technical amendments.

Cystic Fibrosis Awareness Month. DesignatesMay, in 2021 and in each succeeding year, as Cystic Fibrosis AwarenessMonth in Virginia.