Del. Nadarius Clark

Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to SB 1.

Limitation on sentence upon revocation of suspensionof sentence; technical violations. Provides that when conductinga revocation hearing, the court shall consider at the same revocationhearing all alleged technical violations that occurred prior to suchrevocation hearing and have not been previously considered by thecourt. The bill also requires that when a defendant has been takeninto custody for an alleged first or second technical violation forwhich the court may only impose up to 14 days of active incarceration,the court shall adjudicate such violation within 14 days of the defendantbeing taken into custody. The bill states that if such violationis not adjudicated within 14 days of the defendant being taken intocustody, the defendant shall be admitted to bail, unless (i) suchdefendant consents to being further detained while awaiting adjudicationor sentencing or (ii) the Commonwealth has established, by clearand convincing evidence, that the defendant presents a significantrisk of harm to himself or the community based on substance use disorderor serious mental illness and has been referred for residential treatment.Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing onsuch alleged technical violation for longer than 30 days.

Board of Medicine; unprofessional conduct. Prohibits the Board of Medicine from taking disciplinary action against a doctor based on the alleged provision or receipt of abortion care that is not prohibited under the laws of the Commonwealth, regardless of where such abortion care was provided or received. The bill also specifies that grounds for refusal to issue a certificate or license to any applicant or to take disciplinary action for procuring or performing an abortion apply to such action only as it is prohibited by the laws of the Commonwealth. Under current law, such grounds for refusal or disciplinary action apply for procuring or performing a criminal abortion. This bill is identical to SB 716.

Policies on parental notification of instructional material that includes sexually explicit content; scope and use. Provides that nothing in the law requiring the Department of Education to develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and requiring each school board to adopt policies that are consistent with but may be more comprehensive than such model policies or that is in such model policies or school board policies shall be construed to permit the censoring of books in any public elementary or secondary school. This bill is identical to SB 235.

Prohibiting inquiry into the immigration statusof defendant; notification of consequences. Provides that nocircuit court, general district court, or juvenile and domestic relationsdistrict court shall, in connection with the prosecution of a criminalviolation of state or local law, inquire into the immigration statusof any defendant unless such inquiry is relevant to the offense forwhich such defendant is being prosecuted. The bill requires thatprior to the start of proceedings, such courts shall advise any defendantthat immigration consequences, including possible detention, incarceration,or deportation connected to an immigration action, are possible ifsuch defendant is convicted of a criminal violation of state or locallaw.

Modification of sentence for marijuana-relatedoffenses. Creates a process by which persons convicted of certainfelony marijuana-related offenses committed prior to July 1, 2021,who remain incarcerated or on community supervision on July 1, 2024,may receive an automatic hearing to consider modification of suchperson's sentence. The bill also allows persons convicted of anyfelony offense committed prior to July 1, 2021, who remain incarceratedor on community supervision on July 1, 2024, and whose sentencemay have been enhanced because of a previous felony marijuana offenseor without the involvement of marijuana such felony offense convictionor felony sentence enhancement would not have been possible, as theinvolvement of marijuana was necessary to satisfy the elements ofthe charged offense or the sentence enhancement, to petition the circuitcourt for modification of such person's sentence. The bill requiressuch petition to be filed by July 1, 2026. The provisions of thisbill sunset on July 1, 2027.

Fines, restitution, forfeiture, penalties, othercosts; criminal and traffic cases; itemized statement. Requiresthe clerk of the court to provide an itemized statement to any defendantconvicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or foundnot innocent in the case of a juvenile, who is sentenced to pay afine, restitution, forfeiture, or penalty or assessed any other costsin the circuit court or appropriate district court of his countyor city at the time such fine, restitution, forfeiture, penalty,or other costs are assessed. The bill requires the clerk to alsoprovide an updated itemized statement of the outstanding balanceof any such fines, restitution, forfeiture, penalties, or other costs,including any payment history, after a payment is made and at any time upon request of the defendant. The bill also requires the clerkto make any outstanding balance of such fines, restitution, forfeiture,penalties, or other costs, including any payment history, accessibleto the defendant online.

Unlawful detainer; bifurcation of case; contested rent and damages. Provides that, at an initial hearing on an unlawful detainer, if the defendant contests the amount of rent and damages alleged to be due and owing to the plaintiff, the court shall not bifurcate the unlawful detainer case. Under current law, at the initial hearing, upon request of the plaintiff, the court is required to bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages.

Elections administration; certain activities or conduct prohibited at polling places applicable to locations for absentee voting in person; prohibited possession of firearm within 100 feet of certain locations. Clarifies that the provisions of law prohibiting certain activities or conduct in and around a polling place shall also apply to locations where absentee voting in person is available. The bill also prohibits any person, with certain exceptions, from (i) knowingly carrying any firearm and (ii) knowingly doing so within 100 feet of the entrance of a polling place, the building used by the local electoral board to meet to ascertain election results, the building used to conduct a recount of an election, and other additional locations used for voting-related and elections-related activities. Under current law, this prohibition applies within 40 feet of such entrances.

Firearm locking device required for purchase of a firearm; warning against accessibility to children; penalty. Requires any person who purchases a firearm to either (i) obtain or purchase from a licensed dealer a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (ii) complete a certification statement on a form provided by the Department of State Police certifying that a minor is not present in such person's residence for 14 days or more in a calendar month, with exceptions enumerated in the bill. Accordingly, the bill provides that it is unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any firearm to any person, other than a licensed manufacturer, licensed importer, or licensed dealer, unless (a) the firearm is accompanied by a warning, in conspicuous and legible type in capital letters printed on a separate sheet of paper included within the packaging enclosing the firearm, that firearms should be locked and kept away from children and that there may be civil and criminal liability for failing to do so and (b) the transferee (1) obtains or purchases a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (2) completes the certification statement. A violation of either provision is a Class 3 misdemeanor.