Del. Cia Price

Community service work in lieu of payment offines and costs; underpaid work. Provides that in the program established by a court to provide an option to any person upon whoma fine and costs have been imposed to discharge all or part of thefine or costs by earning credits for the performance of community service work, underpaid work, as such term is defined in the bill,is added as an option for earning such credits before, during, orafter such person is incarcerated in a state or local correctionalfacility, provided that such underpaid work is authorized by thecourt. The bill makes offering such option for community servicework or underpaid work mandatory. The bill provides that a personwho is performing underpaid work shall be credited at the same rateas the community service work rate less any wages received for theunderpaid work. Under current law, a court is required to establisha program for providing an option for community service work in lieuof payment of fines and costs but offering such option was not mandatory.

Local rent stabilization authority. Provides that any locality may by ordinance adopt rent stabilization provisions. The bill provides that no such ordinance shall be adopted until the proposed ordinance has been posted on the locality's website and advertised in a newspaper of general circulation in the locality at least two weeks prior to a public hearing on such ordinance. All landlords who are under rent stabilization may be required to give up to a two-month written notice of a rent increase and cannot increase the rent by more than the locality's rent stabilization allowance, the maximum amount a landlord can increase a tenant's rent during any 12-month period, in effect at the time of the increase, and the bill requires the locality to annually publish this allowance on its website. The allowance is equal to the annual increase in the Consumer Price Index for the region in which the locality sits and is effective for a 12-month period beginning July 1. The bill provides that no such ordinance shall apply to the following: 1. Any unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses; 2. Any unit in a facility owned or leased by an organization exempt from federal income taxes pursuant to § 501(c)(3) of the Internal Revenue Code, the primary purpose of which is to provide temporary sanctuary or shelter for qualified clients, provided that the organization has notified the clients residing in the facility of the temporary nature of their housing at the inception of their residence; 3. Any owner-occupied group house; 4. Religious facilities, such as churches, synagogues, parsonages, rectories, convents, and parish homes; 5. Transient facilities, such as motels, tourist homes, and bed and breakfast facilities; 6. School dormitories; 7. Licensed assisted living facilities and nursing homes; or 8. Single-family residences. The bill states that such ordinance shall provide a procedure by which a landlord may apply for an exemption from the rent stabilization provisions in situations where the net operating income generated by the rental facility has not been maintained due to escalating operating expenses or for other appropriate reasons as established by the locality. The locality may establish a civil penalty for failure to comply with the requirements set out in the ordinance that shall not exceed $2,500 per separate violation.

Discretionary sentencing guidelines; prior convictions and juvenile adjudications. Provides that, for the purposes of discretionary sentencing, previous convictions shall not include (i) any adult conviction more than 10 years prior to the date of the commission of the present offense, unless the prior adult conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months for the offense, and the defendant has committed another violent felony within a 15-year period between the date of the defendant's sentencing for the prior offense and commission of the present offense and (ii) any juvenile adjudications of delinquency or any juvenile convictions, unless the juvenile was tried as an adult and the conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months, and the date of offense was within the 10 years preceding sentencing for the present offense. The bill also provides that juvenile adjudications of delinquency and certain adult prior convictions shall not serve as the basis for any sentencing enhancement in an adult criminal case.

Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending. Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

State plan for medical assistance services;violence interruption services. Directs the Board of MedicalAssistance Services to amend the state plan for medical assistanceservices to include a provision for the payment of medical assistancefor violence interruption services for an individual who receivesmedical treatment for an injury sustained as a result of communityor interpersonal violence and who is determined by a health careprovider to be at risk of retaliation related to such community orinterpersonal violence or future injury as a result of communityor interpersonal violence.

Powers and duties of political subdivisions;emergency management assessment. Provides that all politicalsubdivisions shall provide an annually updated emergency managementassessment and data related to emergency sheltering capabilitiesto the State Coordinator of Emergency Management on or before August1 of each year. Under current law, such assessment and data is dueto the State Coordinator of Emergency Management on or before May1 of each year.

Voter registration; restoration of politicalrights upon release from incarceration; certain adjudications.Provides that any person who loses his political rights as a resultof a felony conviction shall be invested with those rights upon hisrelease from incarceration and shall be entitled to register to vote.The bill directs the Department of Corrections and the State Boardof Local and Regional Jails to transmit to the Department of Electionscertain information for incarcerated persons with a pending dateof release and requires the Department of Elections to process theinformation and make the necessary changes to the voter registrationsystem to permit such persons to register to vote by the date ofthe person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the billto provide a voter registration application, information on returningthe form by mail or completing it by electronic means, and an officialrelease document to serve as a safety net for voter registration.The bill amends the language regarding adjudications of mental incompetencyfor purposes of being qualified to vote; a person adjudicated tolack the capacity to understand the act of voting shall not be entitledto vote until that capacity has been reestablished.

Nolle prosequi or dismissal without prejudiceprior to preliminary hearing; subsequent indictment; depositions.Provides that if the district court enters a nolle prosequi orgrants a dismissal without prejudice upon motion of the attorneyfor the Commonwealth on a misdemeanor or felony warrant prior toconducting a preliminary hearing and the defendant is subsequentlyindicted by a grand jury for the same offense, then (i) on the defendant'smotion, the case shall be remanded to the district court for a preliminaryhearing or (ii) the court may, with the consent of the defendant, direct that the depositions of any witnesses whose testimony wouldhave been relevant in determining probable cause be taken. The billprovides that such depositions shall be taken before a judge of the circuit court in which such indictments were returned, and the judgeshall rule upon all questions of evidence and otherwise control thetaking of the same as though it were taken in open court.

Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to issue marriage licenses,recognize marriages, and treat all marriages equally under the law,regardless of the sex or gender of the parties to the marriage. Religiousorganizations and clergy acting in their religious capacity havethe right to refuse to perform any marriage.

Retail Small Business Grant Program and Fund.Establishes the Retail Small Business Grant Program and Fund to supportexisting Virginia small businesses, attract new businesses, increasethe Commonwealth's tax base, create new job opportunities for Virginiaresidents, and enhance commercial activity in Virginia. The billprovides that an eligible Virginia small business, defined in thebill, is eligible for grants of up to $50,000. The total amount ofgrants awarded in a fiscal year is capped at $10 million.