Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
Del. Terry Kilgore
Sponsored bills
Required local effort for basic aid; debt service on projects in certain school divisions. Permits any local school board that governs a school division (i) in which the locality is designated as fiscally at-risk or fiscally distressed by the Appalachian Regional Commission in the most recent fiscal year or is determined to have above-average fiscal stress or high fiscal stress by the Virginia Commission on Local Government in its most recent "Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia Counties and Cities" and (ii) for which the composite index of local ability to pay is less than or equal to 0.2000 to expend up to 25 percent of the required local effort for basic aid for debt service on school building capital renovation or construction projects. The bill provides that in the event that the school division no longer meets such criteria, the local school board shall develop and implement a plan to readjust expenditures of the required local effort for basic aid over the course of no more than four fiscal years. The bill also provides that in the event that a school division that no longer met such criteria subsequently meets the criteria again after developing a plan, the local school board may seek the approval of the Superintendent of Public Instruction to amend such plan. The bill has an expiration date of July 1, 2032.
Motion picture production tax credit; aggregatecap. Increases beginning in fiscal year 2020 the aggregate limiton the amount of motion picture production tax credits that may beissued from $6.5 million to $13 million annually. The bill providesthat the increase to the cap shall be reserved for productions filmedin economically distressed areas of Virginia.
Department of Education; School ConstructionFund and Program. Establishes the School Construction Fund asa special nonreverting fund in the state treasury and requires theDepartment of Education to establish the School Construction Programfor the purpose of providing grants from the Fund, subject to certainconditions, to school boards that leverage federal, state, and localprograms and resources to finance the design and construction of new school buildings and facilities or the modernization and maintenanceof existing school buildings and facilities.
Study; Department of Education; experientiallearning and workforce development opportunities in high-demand fields;report. Requests the Department of Education to study experiential learning and workforce development opportunities for high schoolstudents in high-demand fields.
Department of Human Resource Management; health insurance for local school board employees. Allows local school boards to elect to have all of their employees and retirees, as well as the dependents of such employees and retirees, be eligible to participate in the state employee health insurance plan in lieu of the current state-administered local health insurance plan. Any participating local school board shall be responsible for whatever portion of the cost of such insurance is not paid by the employee, except any portion that the General Assembly elects to pay.
Virginia National Guard; state active duty for emergency response; pay and allowances for members. Establishes rates of pay and allowances for members of the Virginia National Guard and Virginia Defense Force.
Virginia taxable income; subtractions; volunteer firefighters and volunteer emergency medical services personnel.Provides a state income tax subtraction of $20 per hour, up toa maximum of 300 hours per taxable year, for bona fide volunteerswho perform qualifying services, defined in the bill as volunteerfirefighting and fire prevention services, emergency medical services,ambulance services, emergency rescue services, and all training andtraining-related activities required by law.
Possession, purchase, and transport of certainfirearms in certain localities; withholding state funds. Allowsa person to lawfully possess, purchase, or transport a firearm orfirearms magazine that he would otherwise be lawfully permitted to possess, purchase, or transport on January 1, 2020, while he isin a locality that has adopted or enforced any ordinance, resolution,or motion that declares such locality a sanctuary for Second Amendmentrights. The bill also provides that no funds payable by the Commonwealthto a locality for any and all purposes shall be withheld from a localitysolely on the basis of such locality adopting or enforcing any ordinance,resolution, or motion that declares such locality a sanctuary for Second Amendment rights.
Celebrating the life of Thomas Franklin Repass,USN, Ret.