Rep. Marie March

Attorney General; instituting or conductingcriminal prosecutions for certain acts of violence. Authorizesthe Attorney General to institute or conduct criminal prosecutionsin cases involving a violation of the criminal laws for certain actsof violence when such prosecution is requested by the sheriff orchief of police investigating the violation. The bill also providesthat prior to instituting or conducting a criminal prosecution forsuch cases, the Attorney General shall give notice to the local attorneyfor the Commonwealth where such violation occurred of his intentto institute or conduct such criminal prosecution.

Firearms; removal from persons posing substantialrisk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a generaldistrict court, circuit court, or juvenile and domestic relationsdistrict court judge or magistrate for an emergency substantial riskorder to prohibit a person who poses a substantial risk of injuryto himself or others from purchasing, possessing, or transportinga firearm. The bill also removes the substantial risk order registryfor the entry of orders issued.

Sale and transfer of firearms; criminal historyrecord information check delay. Decreases from five business days to three business days the time provided for the Department of StatePolice to complete a background check before a firearm may be transferred.If a dealer who has otherwise fulfilled all requirements is toldby the State Police that a response will not be available by the endof the dealer's third business day, the dealer may complete the saleor transfer without being deemed in violation.

Commending the New River Resource Authority.

Prescriptions; off-label use. Provides that a prescriber may prescribe, administer, or dispense and a pharmacist may dispense a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use when the prescriber or pharmacist determines, in his professional judgment, that such off-label use is appropriate for the standard of care and such prescribing, administering, or dispensing is to improve health care outcomes. The bill also prohibits a hospital from denying, revoking, terminating, diminishing, or curtailing in any way any professional or clinical privilege of any licensed health care provider with prescriptive authority or authority to dispense drugs solely on the grounds that such health care provider prescribes, administers, or dispenses a drug that has been approved for a specific use by the U.S. Food and Drug Administration for an off-label use, provided that such prescribing, administering, or dispensing is in accordance with laws of the Commonwealth and is to improve health care outcomes.

Department of Education; policy on sexually explicit content in instructional material. Requires the Department of Education to develop and each local school board to adopt model policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to (i) ensuring parental notification; (ii) directly identifying the specific instructional material and sexually explicit subjects; and (iii) permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests. The bill provides that the local school board model policies may be more comprehensive than the model policies developed by the Department. The bill requires the Department to develop such model policies no later than July 31, 2022, and requires each local school board to adopt policies consistent with this act no later than January 1, 2023. The bill states that the provisions of the bill shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.

Voter registration; list maintenance; lists of decedents transmitted by State Registrar of Vital Records. Requires the State Registrar of Vital Records to transmit to the Department of Elections a weekly list of decedents from the previous week. Currently, this list is transmitted monthly. The bill requires the general registrars to use this information to conduct list maintenance and to promptly cancel the registration of a person on the list. This bill is identical to SB 211.

Absentee voting; deadline for returning absenteeballot. Requires that an absentee ballot be received before the closing of the polls on election day in order to be counted. Currently,an absentee ballot that is received after the closing of the pollsbut before noon on the third day after the election is counted ifit is postmarked on or before the date of the election.

Elections; voter identification containing aphotograph required; permanent absentee voter list repealed.Requires presentation of a form of identification containing a photographin order to vote. The bill repeals the provisions of law permittinga voter who does not have one of the required forms of identificationto vote after signing a statement, subject to felony penalties forfalse statements, that he is the named registered voter he claimsto be. Instead, the bill provides that such voter is entitled tocast a provisional ballot. The bill also repeals the provisions oflaw by which any registered voter may apply to receive absentee ballotsfor all elections in which he is eligible to vote and remains onthe list until the voter requests in writing to be removed from thelist, the voter's registration is canceled or placed on inactivestatus pursuant to law, or the voter moves to a different addressnot in the same county or city of his registration.

Voter registration; registration permittedup to and including the day of the election. Repeals a provisionthat would permit any person who is qualified to register to voteto register to vote in person up to and including the day of theelection, notwithstanding any deadline for the close of registration records. The repeal will limit the persons who are entitled to registerto vote after the close of registration records to (i) any member of a uniformed service of the United States who is on active duty,(ii) any person residing temporarily outside of the United States,and (iii) the spouse or dependent residing with someone listed in(i) or (ii).