Del. Destiny LeVere Bolling

Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if such person (i) was sentenced by a jury after the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (2000), in which the Supreme Court held that a jury should be instructed on the fact that parole has been abolished, for a felony committed on or after the abolition of parole going into effect on January 1, 1995; (ii) can prove by the preponderance of the evidence that the jury in his case was not instructed on the fact that parole has been abolished; and (iii) remained incarcerated for the offense on July 1, 2026, and the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit any such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2026, shall be scheduled for a parole interview no later than July 1, 2027, allowing for extension of time for reasonable cause.

Suicide Prevention Program Coordinator; deaths by suicide of veterans or military service members; State Registrar of Vital Records; Department of Veterans Services annual report. Adds to the duties of the Suicide Prevention Coordinator within the Department of Veterans Services the duty to (i) compile and analyze data relating to the suicides of veterans and military service members pursuant to death certificates filed with the State Registrar of Vital Records, with such data to be included in the Department's annual report, and (ii) collaborate with the Department of Behavioral Health and Developmental Services to develop programs and resources related to suicide prevention for veterans and military service members. The bill provides that in any case where the death certificate of a veteran or military service member lists suicide as the manner of death, the State Registrar of Vital Records shall provide such information concerning the suicide to the Department.

Department of Medical Assistance Services; remote monitoring services through pregnancy and postpartum for high-risk pregnant patients; reimbursement. Expands provision for payment of medical assistance for remote patient monitoring services provided via telemedicine to include high-risk pregnant persons through 12 months postpartum. The bill directs the Department of Medical Assistance Services to assess expanding similar provision of payment for patients with advanced maternal age and submit a report of its findings to the General Assembly no later than November 1, 2026.

Workers' compensation. Provides that, for the purposes of workers' compensation for post-traumatic stress disorder incurred by a law-enforcement officer or firefighter, an incident or exposure without any accompanying physical injury occurring in the line of duty on or after January 1, 2027, is a qualifying event, as defined in the bill. The bill has a delayed effective date of January 1, 2027.

Orders closing a proceeding; petitions for review. Provides that when a circuit court acts on or issues an order pertaining to the closure of a proceeding, such order is eligible for immediate appellate review with the Supreme Court of Virginia. The bill further provides that any person aggrieved by such an order may, within 15 days of the entry of such an order, file a petition for review with the Supreme Court of Virginia. As introduced, this bill was a recommendation of the Boyd-Graves Conference.

Wage garnishment; state tax debt. Provides that the maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to collect delinquent taxes and charges owed to the state government shall not exceed the lesser of (i) 25 percent of such individual's disposable earnings for that week or (ii) the amount by which such individual's disposable earnings exceed 40 times the federal or Virginia minimum wage, whichever is greater. The bill also directs the Department of Taxation to recognize Currently Not Collectible status granted by the Internal Revenue Service and to offer taxpayers with such status a similar Virginia status with comparable protections from collection activities. The bill contains technical amendments and has a delayed effective date of July 1, 2027.

Compromise of claim for death by wrongful act; approval without a hearing. Allows the court to approve a proposed compromise of a claim for death by wrongful act if the parties in interest agree to and endorse an approval order relating to such proposed compromise. The bill further requires that the endorsement of any such approval order by a beneficiary shall be notarized unless the endorsement is made by an attorney acting as guardian ad litem for such beneficiary. This bill is a recommendation of the Boyd-Graves Conference.

Newborn screening; process for evaluation of disorders for inclusion. Directs the Department of Health to establish a process for considering the addition of disorders to the Commonwealth's newborn screening program that are not included on the federal Recommended Uniform Screening Panel, which process shall include criteria and a timeline for consideration of disorders and a timeline for initiation of rulemaking.

Incapacitated persons; finding of lack of capacity to understand act of voting. Provides that a finding that a person is incapacitated in a proceeding for guardianship or conservatorship shall not be synonymous with a finding that such person lacks the capacity to understand the act of voting and therefore is not qualified to vote in accordance with the provisions of the Constitution of Virginia. The bill provides that no person shall be deemed disqualified to vote due to a lack of capacity for the purposes of the Constitution of Virginia unless a court makes a specific finding by clear and convincing evidence that such person lacks the capacity to understand the act of voting. This bill is identical to SB 34.

Public education; early childhood care and education; child care access calculations; report. Requires the Department of Education to establish and maintain calculations for the provision of early childhood care and education services based on cost of quality rate per child, actual data from the prior year, an estimate of parental demand and choice preferences based on historic growth trends and current eligibility criteria, and an estimate of the number of slots to be added to support local or regional economic development efforts and public-private partnerships focused on increasing the supply of child care services, giving priority to localities or regions identified as child care deserts, as determined by the Department. The bill also contains several provisions relating to the use and appropriation of funds as applicable to such calculations, including (i) providing that the calculations shall not obligate the General Assembly to a specific appropriation, (ii) requiring the calculations to be used to provide information to guide the General Assembly in making decisions about the proportion of parental demand for and supply of early childhood care and education services to be addressed and level of appropriation required to address such demand, and (iii) providing that the annual overall funding available for slots shall be subject to appropriation as determined by the General Assembly. The bill also provides that if waitlists for slots at early childhood care and education sites remain, up to $5 million from prior-year unexpended state general funds appropriated for such purpose in a general appropriation act may be carried forward to the current fiscal year to temporarily provide additional slots during the current fiscal year solely to reduce or eliminate waitlists, unless the general appropriation act authorizes a greater amount to be carried forward and that such prior-year funds shall not be used to increase the base amount of funding required in the subsequent fiscal year and the Department shall monitor program utilization and attrition to ensure that no families will lose access at the end of the current fiscal year. Finally, the bill requires the Department to annually submit to the Commission on Early Childhood Care and Education and post on its website a report on the data used to calculate the minimum funding and number of slots for the calculations in accordance with the provisions of the bill. This bill is identical to SB 134.