Commending the Virginia Chapter of AmericanPromise and Take Back Our Republic.
Celebrating the life of the Honorable AugustusBenton Chafin, Jr.
Celebrating the life of the Honorable BernardS. Cohen.
Celebrating the life of the Honorable AugustusBenton Chafin, Jr.
Constitutional amendment (first resolution); qualifications of voters; restoration of civil rights by general law. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of a felony. The present Constitution provides for restoration of rights by the Governor, and the amendment retains this right.
Bystander claims for intentional or negligentinfliction of injury or death; emotional distress. Provides that a bystander who witnesses, live and in-person, an event during whichthe intentional or negligent infliction of injury to or death ofa victim occurs may recover damages for resulting emotional distress,proven by a preponderance of the evidence, with or without a physicalimpact or physical injury to the bystander, if (i) the bystanderis related to the victim or (ii) although not related to the victim, the bystander is in close proximity to the victim at the time theevent occurs and is aware that such event is causing injury to orthe death of the victim.
Attorneys for the Commonwealth; compensation and collection of fees. Prohibits the Compensation Board, when determining staffing and funding levels for offices of attorneys for the Commonwealth, from (i) considering the number of charges brought or the number of convictions obtained by such attorney for the Commonwealth; (ii) relying on standards devised or recommended by the attorney for the Commonwealth, law-enforcement agencies, or professional associations representing attorneys for the Commonwealth or law-enforcement officers; or (iii) using measures that increase if an attorney for the Commonwealth (a) elects to prosecute a more serious charge, (b) elects to prosecute additional charges from a single arrest or criminal incident, (c) obtains convictions rather than dismissing charges or offering reduced charges, or (d) proceeds with prosecution rather than diversion. The bill also requires attorneys for the Commonwealth to pay all fees collected by them in consideration of the performance of official duties or functions into the state treasury, instead of only half of such fees. The bill requires the State Treasurer to pay to the treasuries of the respective counties and cities of the attorneys for the Commonwealth a proportion of half of all such fees collected by all attorneys for the Commonwealth, as determined by each county or city's crime rate, criminal incident rate, or arrest rate. Finally, the bill changes the fees collected by attorneys for the Commonwealth on trials of felony indictments from $40 on each count to $120 for each trial of a Class 1 or Class 2 felony indictment, or other felony that carries a possible penalty of life in prison, except robbery, and $40 for each trial on robbery and all other felony indictments regardless of the number of counts. The bill contains technical amendments.
Hospitals; custody of person subject to emergencycustody order; regulations. Extends the maximum period of timeduring which a person may be involuntarily held pursuant to an emergencycustody order from eight hours, or in some cases 12 hours, to 24 hoursand requires the Board of Health to include in regulations governinghospitals a requirement that every hospital be licensed for and actuallycapable of accepting from law enforcement the transfer of custodyof a person who is the subject of an emergency custody order.
Sentencing proceeding by the jury after conviction;recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
Temporary detention; evaluation; who may perform. Expands the category of individuals who may evaluate a person whois the subject of an emergency custody order to determine whetherthe person meets the criteria for temporary detention to includeany person described in the definition of "mental health professional"in § 54.1-2400.1 who (i) is skilled in the diagnosis and treatmentof mental illness, (ii) has completed a certification program approvedby the Department of Behavioral Health and Developmental Services,and (iii) complies with regulations of the Board of Behavioral Healthand Developmental Services related to performance of such evaluations.
