Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
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Public health emergency; emergency medical services agencies; real-time access to information. Directs the Department of Health to develop and implement a system for sharing information regarding confirmed cases of communicable diseases of public health threat with emergency medical services agencies in real time during a declared public health emergency related to a communicable disease of public health threat and with the Emergency Medical Services Advisory Board and regional emergency medical services councils upon request, in order to protect the health and safety of emergency medical services personnel and the public.
Virginia Economic Development Partnership Authority;Office of Education and Labor Market Alignment established; workforceand higher education alignment. Directs the Virginia Economic Development Partnership Authority to establish an Office of Educationand Labor Market Alignment (the Office) to coordinate data analysison workforce and higher education alignment and translate data topartners. The Office shall provide a unified, consistent source ofinformation or analysis for policy development and implementationrelated to talent development and shall partner with the State Councilof Higher Education for Virginia, institutions of higher education,the Virginia Employment Commission, GO Virginia, and other relevantentities to offer resources and expertise related to education andlabor market alignment.
Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan; removal of sunset. Removes the sunset date of July 1, 2021, from certain provisions enacted during the 2020 Special Session related to the Virginia Residential Landlord and Tenant Act. Such provisions (i) changed from five to 14 days the amount of time that a landlord who owns four or fewer rental dwelling units must wait after serving written notice on a tenant notifying the tenant of his nonpayment of rent and of the landlord's intention to terminate the rental agreement if rent is not paid before the landlord may pursue remedies for termination of the rental agreement; (ii) required a landlord who owns more than four rental dwelling units, or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent, to serve upon such tenant a written notice informing the tenant of the total amount due and owed and offer the tenant a payment plan under which the tenant must pay the total amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement; (iii) outlined the remedies a landlord has if a tenant fails to pay the total amount due and owed or enter into a payment arrangement within 14 days of receiving notice or if the tenant enters into a payment arrangement but fails to pay within 14 days of the due date any rent that becomes due under the payment plan or arrangement after such plan or arrangement becomes effective; and (iv) clarified that a tenant is not precluded from participating in any other rent relief programs available to the tenant through a nonprofit organization or under the provisions of a federal, state, or local law, regulation, or action.
Department of Health Professions; practice ofphysical therapy. Extends from 30 days to 60 days the time allowedfor a physical therapist who has completed a doctor of physical therapyprogram approved by the Commission on Accreditation of Physical TherapyEducation or who has obtained a certificate of authorization to evaluate and treat patients after an initial evaluation without areferral under certain circumstances. The bill also provides thatafter discharging a patient a physical therapist shall not performan initial evaluation of a patient without a referral if the physicaltherapist has performed an initial evaluation of the patient forthe same condition within the immediately preceding 60 days.
Waste control and recycling; permits. Prohibitsthe Department of Environmental Quality (the Department) and theVirginia Waste Management Board from issuing any permit for the construction,modification, or expansion of a new or existing municipal solid wastelandfill that will accept 3,500 tons or more of municipal solid wasteper day until the General Assembly enacts legislation incorporatingthe findings and recommendations of the Waste Diversion and RecyclingTask Force (the Task Force), and requests the Department to continuethrough 2022 and expand the scope of the Task Force.
Broadband services; education. Authorizesschool boards to appropriate funds for the purposes of promoting,facilitating, and encouraging the expansion and operation of broadbandservices for educational purposes. The bill authorizes school boardsto partner with private broadband service providers to promote, implement,and subsidize broadband for educational purposes to the householdsof students who would qualify for (i) a child nutrition program or(ii) any other program recognized or adopted by the local schoolboard as a measuring standard to identify at-risk students.
Prohibited discrimination; status as activemilitary or a military spouse. Prohibits discrimination in publicaccommodations, employment, and housing on the basis of a person'sstatus as active military or a military spouse.
Employment; domestic service; Human Rights Act. Provides that individuals who are engaged in providing domestic serviceare not excluded from employee protection laws, laws regarding thepayment of wages, and the Virginia Workers' Compensation Act. Themeasure also provides that the prohibitions on nondiscriminationin employment of the Virginia Human Rights Act apply to employersthat employ one or more domestic workers.
Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe. Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition and upon proper evidence presented, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.