Del. Debra Gardner

Admission to bail; fixing terms of bail; mental health considerations. Requires the judicial officer, prior to conducting any hearing on the issue of bail, release, or detention, to obtain the person's criminal history and any emergency custody or temporary detention order or involuntary admission issued for such person. The bill also requires the judicial officer to consider any emergency custody or temporary detention order or involuntary admission issued for the person when determining admission to bail. Lastly, the bill requires the judicial officer to take into account the following factors in fixing the terms of bail if such person is admitted to bail: (i) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a family or household member as defined in relevant law; (ii) the history of the accused or juvenile, including medical, mental health, including any emergency custody or temporary detention order or involuntary admission issued pursuant to relevant law, or substance abuse treatment; (iii) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child; and (iv) whether such person will be an unreasonable danger to himself, family or household members as defined in relevant law, or the public.

School breakfast; availability at no cost to students. Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill clarifies that the provision of a breakfast by a school to a student at no cost to the student shall not be construed as creating a disincentive for the school or local school division to participate in the federal Community Eligibility Provision program. Additionally, the bill provides that schools shall maximize the number of students who participate in the school breakfast program by implementing one or more suggested service models to increase access to such program. The bill requires the Department of Education to reimburse each public elementary and secondary school for each eligible school breakfast served to a student, with a maximum of one reimbursable breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill. This bill is a recommendation of the Virginia Commission to End Hunger.

Recognition of the Wolf Creek Cherokee Tribe of Virginia. Extends state recognition to the Wolf Creek Cherokee Tribe of Virginia within the Commonwealth.

Surplus real property; prioritization of disposition for affordable and middle-income housing. Requires the Department of General Services to determine whether, following an offer of surplus property to the chief administrative officer of the locality within which the surplus property is located, as well as to any economic development entity for such locality, such surplus property is suitable for the development of affordable housing, as defined by the bill. If the Department so determines, the bill provides that such property shall be offered for at least 90 days exclusively to eligible organizations, as defined by the bill, for the purpose of developing affordable housing, provided that the terms of the disposition include a recorded covenant to provide affordable housing for at least 30 years. The bill also requires the chief administrative officer of each locality to prepare and maintain an inventory of all real property within its jurisdiction to which the locality holds fee simple title and that the locality has determined to be feasible for the development of affordable and middle-income housing. If the governing body of a locality chooses to dispose of such a property, such property shall be offered for at least 90 days exclusively to public or private entities, for the purpose of developing affordable and middle-income housing, through purchase, lease, exchange, or donation in return for a recorded covenant to provide affordable housing for at least 30 years.

Maximum number of judges in each judicial district. Increases from five to six the maximum number of authorized general district court judges in the Twelfth Judicial District. The bill also increases from six to seven the maximum number of authorized juvenile and domestic relations district court judges in the Twelfth Judicial District. This bill is a recommendation of the Committee on District Courts.

Department of Emergency Management; powers and duties; development and implementation of standardized guidelines and training programs. Provides for the Department of Emergency Management (the Department) to consult with the Department of Behavioral Health and Developmental Services regarding the development of standardized guidelines for mental health support during an emergency or extended incident. The bill also requires the Department to develop a training program comprised of National Incident Management System (NIMS) principles, the state's Incident Command System (ICS) structure, and the role of the Emergency Operations Center (EOC). Under the bill, each agency head shall be required to complete the training within six months of appointment and again every two years thereafter. In addition, the bill provides for the Department to (i) offer health and safety training to volunteer organizations incorporated into the Virginia Emergency Support Team (VEST) and (ii) establish a health monitoring system for volunteers to be implemented during a declared state of emergency. The bill has a delayed effective date of July 1, 2027. As introduced, this bill was a recommendation of the Joint Subcommittee to Study Pandemic Response and Preparedness in the Commonwealth. This bill is identical to SB 1386.

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as such terms are defined in the bill. The bill clarifies that none of its provisions shall be construed to permit or sanction the performance of any sterilization procedure without a patient's voluntary and informed consent. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 1105.

Department of Medical Assistance Services; state plan for medical assistance services; postpartum doula care; report. Directs the Department of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment for up to 10 doula visits, with up to four doula visits during pregnancy and up to six doula visits during the 12 months after the individual gives birth. The bill requires the Department to report to the Governor and General Assembly annually on the implementation and outcomes of the provision, and requires the first such report to be submitted by December 31, 2026. This bill is identical to SB 1418.

Baby Food Protection Act; testing and labeling requirements for toxic heavy metals. Prohibits a person from selling, distributing, or offering for sale a baby food product that contains certain toxic heavy metals that exceed the limits established by the U.S. Food and Drug Administration (FDA). The bill requires a manufacturer of a baby food product to meet certain testing requirements and include certain information related to toxic heavy metals on the manufacturer's website and on the baby food product. The bill requires a consumer to report a baby food product to the Commissioner of Agriculture and Consumer Services if the consumer reasonably believes that the baby food is being sold in the Commonwealth with toxic heavy metals that exceed the limits established by the FDA. The foregoing provisions of the bill have a delayed effective date of January 1, 2026. The bill also directs the Department of Agriculture and Consumer Services to convene a work group to study and make recommendations on the current enforcement of laws related to the presence of toxic heavy metals in baby food products and any further action needed to address the issue of toxic heavy metals in baby food products. The bill requires the work group to report on its findings and recommendations by the first day of the 2026 Regular Session.

Virginia military forces; Sexual Offense Prevention and Response Program established. Establishes the Sexual Offense Prevention and Response Program (the Program) within the Department of Military Affairs. The bill also establishes the Sexual Offense Prevention and Response Officer (the Officer) to perform victim advocacy services, including helping victims of certain criminal sexual assault offenses make either a restricted report or an unrestricted report, as those terms are defined in the bill. Restricted and unrestricted reports may be made (i) by a person who is a member of the Virginia military forces, defined in the bill as the Virginia National Guard and the Virginia Defense Force, or (ii) against a member of the Virginia military forces. The bill directs the Adjutant General, in coordination with the Officer, to submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the chairmen of both the House and Senate Committees for Courts of Justice. The annual report shall include relevant information enumerated in the bill, including implementation and effectiveness of the Program's policies and procedures, as well as statistical information about restricted reports and unrestricted reports.