Rep. Josh Cole

Commending the Lake Taylor High School footballteam.

Commending the Maury High School football team.

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. This bill was incorporated into HB 177.

Discovery in criminal cases; duty to provide. Requiresthe attorney for the Commonwealth, upon written notice by an accused to thecourt and to the attorney for the Commonwealth, to permit the accused to inspectand copy or photograph (i) any relevant written or recorded statements orconfessions made by the accused and the substance of any oral statements orconfessions made by the accused to any law-enforcement officer; (ii) anyrelevant written reports of autopsies, ballistic tests, fingerprint analyses,handwriting analyses, blood, urine, and breath tests, and other scientificreports and written reports of a physical or mental examination of the accusedor the alleged victim; (iii) any books, papers, documents, tangible objects,buildings, or places, or copies or portions thereof, that are within thepossession, custody, or control of the Commonwealth; (iv) any relevant policereports, as defined in the bill; and (v) all relevant statements, as defined inthe bill, of any non-expert witness whom the Commonwealth is required todesignate on a witness list. The bill also provides that if the accused files awritten notice the accused shall (a) permit the Commonwealth to inspect, copy,or photograph any written reports of autopsy examinations, ballistic tests,fingerprint, blood, urine, and breath analyses, and other scientific tests thatare within the possession, custody, or control of the accused and that theaccused intends to introduce in evidence at the trial or sentencing; (b)disclose whether he intends to introduce evidence to establish an alibi; and(c) if he intends to rely upon a defense of insanity, permit the Commonwealthto inspect, copy, or photograph any written reports of physical or mental examinationof the accused made in connection with the case. The bill provides that forgood cause a party may withhold or redact certain information from suchdisclosures and the opposing party may file a motion to compel disclosure or toremove any restriction. The accused's duty to provide discovery shall be inaddition to any duty to provide reciprocal discovery pursuant to Rule 3A:11 ofthe Rules of Supreme Court of Virginia.

Absentee voting; counting military and overseas absentee ballots received after close of polls on election day. Provides that absentee ballots cast by military and overseas absentee voters that are (i) received after the close of the polls on any election day but before 5:00 p.m. on the second business day before the State Board meets to ascertain the results of the election and (ii) postmarked on or before the date of such election are to be counted if the voter is found entitled to vote. Under current law, such ballots cast by military and overseas absentee voters are counted in this manner regardless of the date of any postmark if the absentee ballot was requested on or before, but not sent by, the deadline for making absentee ballots available. The bill provides that a postmark includes any other official indicia of confirmation of mailing by the United States Postal Service or other postal or delivery service.

Elections; same-day registration; in-person absentee and election day voting. Provides an exception to the closing of registration records for any person who (i) is qualified to register to vote, (ii) is unregistered or registered in a locality in which the person no longer resides but is otherwise entitled to vote by absentee ballot, (iii) desires to vote absentee in person at the time that they present themselves to be registered, and (iv) provides proof of residency. The bill also permits same-day registrants to vote absentee and provides an excuse for election day absentee voting for such voters. The bill requires all voters who register to vote under the provisions of this bill to fill out an absentee application, including the required oath, in order to vote. This bill was incorporated into HB 201.

Department of Education; pilot program; feasibility ofeducational placement transition of certain students with disabilities.Requires the Department of Education and relevant local school boards todevelop and implement a pilot program for the transition of students who areeducated in private school settings pursuant to Individualized EducationPrograms to the appropriate public school setting in the relevant local schooldivision for up to four years in two to eight local school divisions in theCommonwealth. In developing the pilot, the Department is required to partnerwith the appropriate school board employees in each such local school divisionto (i) identify the resources, services, and supports required by each studentwho resides in each such local school division and who is educated in a privateschool setting pursuant to his Individualized Education Program; (ii) study thefeasibility of transitioning each such student from his private school settingto an appropriate public school setting in the local school division andproviding the identified resources, services, and supports in such publicschool setting; and (iii) recommend a process for redirecting federal, state,and local funds, including funds provided pursuant to the Children's ServicesAct, provided for the education of each such student to the local schooldivision for the purpose of providing the identified resources, services, andsupports in the appropriate public school setting. The bill requires theDepartment of Education to make a report to the Governor, the Senate Committeeson Education and Health and Finance, and the House Committees on Education andAppropriations on the findings of the pilot program after two and four years.

Absentee voting; counting military and overseasabsentee ballots received after close of polls on election day. Provides that absentee ballots cast by military and overseas absenteevoters that are (i) received after the close of the polls on anyelection day but before 5:00 p.m. on the second business day beforethe State Board of Elections meets to ascertain the results of the election and (ii) postmarked on or before the date of such electionare to be counted if the voter is found entitled to vote. The billprovides that a postmark includes any other official indicia of confirmationof mailing by the United States Postal Service or other postal ordelivery service. Under current law, such ballots cast by militaryand overseas absentee voters would be counted in this manner regardlessof the date of any postmark, but only if the absentee ballot hadbeen requested on or before, but not sent by, the deadline for makingabsentee ballots available.

Conservation of trees during land developmentprocess. Authorizes any locality to adopt an ordinance providingfor either the conservation of or the planting and replacement oftrees during the land development process. Currently, only a localitywithin Planning District 8 with a population density of 75 personsper square mile and which is classified as an eight-hour nonattainmentarea for ozone under the federal Clean Air Act and Amendments of1990, in effect as of July 1, 2008, may adopt such an ordinance forthe conservation of trees.

Deferred dispositions; larceny. Provides that a court, upon a plea of guilty or not guilty to a first offense misdemeanor larceny charge, if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation subject to terms and conditions set by the court, provided that such person has not previously been convicted of any felony. This bill was incorporated into HB 660.