Court of Appeals; jurisdiction; number of judges. Expands the jurisdiction of the Court of Appeals of Virginia by providing for an appeal of right in every civil case and provides that the granting of further appeal to the Supreme Court of Virginia shall be within the discretion of the Supreme Court. The bill provides for an appeal of right in criminal cases by a defendant, but leaves unchanged the current requirement that in criminal cases the Commonwealth must petition the Court of Appeals for granting of an appeal. The bill increases from 11 to 17 the number of judges on the Court of Appeals. The bill also (i) provides jurisdiction to the Court of Appeals over interlocutory appeals and petitions for review of injunctions; (ii) allows for oral arguments to be dispensed with if the panel of judges makes a unanimous decision that the appeal is wholly without merit or that the dispositive issues on appeal have already been authoritatively decided and the appellant has not argued that the case law should be overturned, extended, or reversed; (iii) provides that the Attorney General shall represent the Commonwealth in criminal appeals unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the case files a notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires all criminal cases in a court of record to be recorded and requires the clerk of the circuit court to prepare a transcript of any trial for which an appeal is noticed to him; and (vi) requires an expedited review of appeals of permanent protective orders and of bond validation proceedings. The bill has a delayed effective date of October 1, 2021, which is applicable to all provisions of the bill except for those increasing the number of judges on the Court of Appeals. The provisions of the bill are contingent on funding in a general appropriation act.
Sponsored bills
Enslaved Ancestors College Access ScholarshipProgram established. Establishes the Enslaved Ancestors CollegeAccess Scholarship Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia MilitaryInstitute, and The College of William and Mary in Virginia are requiredto annually provide, starting in the 2022-2023 academic year and with any source of funds other than state funds or tuition or fee increases,to at least one African American Virginia student who was born inthe Commonwealth and has a total household income that is not morethan 400 percent of the federal poverty guidelines a renewable scholarshipin an amount sufficient to cover tuition, mandatory fees, room andboard, books and other educational supplies, and tutoring at the institution. The bill requires the State Council of Higher Educationfor Virginia to collaborate with such institutions to establish guidelinesfor the implementation of the Program and to annually collect informationon the implementation of the Program from such institutions and reportsuch information to the Chairmen of the House Committee on Appropriations,the House Committee on Education, the Senate Committee on Educationand Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.
Local school divisions; in-person learning.Requires each local school division to make in-person learning availableto all students by choice of the student's parent or guardian. Thebill contains an emergency clause.
Standards of Learning assessments; reading and mathematics; grades three through eight; individual student growth. Requires the Board of Education to establish, in lieu of a one-time end-of-year assessment and for the purpose of providing measures of individual student growth over the course of the school year, a through-year growth assessment system, aligned with the Standards of Learning, for the administration of reading and mathematics assessments in grades three through eight. The bill requires such through-year growth assessment system to include at least one beginning-of-year and one end-of-year assessment in order to provide individual student growth scores over the course of the school year, provided that the total time scheduled for taking all such assessments shall not exceed 150 percent of the time scheduled for taking a single end-of-year proficiency assessment. The bill requires the Department of Education to ensure adequate training for teachers and principals on how to interpret and use student growth data from such assessments to improve reading and mathematics instruction in grades three through eight throughout the school year. The bill requires such through-year growth assessment system to be fully implemented in each local school division no later than the 2024-2025 school year.
Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt by June 30, 2022, regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works by February 1, 2023, to address the requirements of the ENRC Program. The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms. Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan.
Virginia Agriculture Food Assistance Program and Fund; established. Requires the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish the Virginia Agriculture Food Assistance Program (VAFA Program) for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disburse moneys to such charitable food assistance organizations to reimburse farmers or food producers for any costs associated with harvesting, processing, packaging, or transporting agriculture products donated to such charitable food assistance organizations. The bill authorizes the Commissioner to adopt guidelines and regulations to carry out the VAFA Program.
Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill provides that no person may be sentenced to death or put to death on or after its effective date for any violation of law.
Admission to bail; rebuttable presumptions againstbail. Eliminates provisions regarding the rebuttable presumptionsagainst being admitted to bail.
Illegal gambling; skill games; civil penalty; enforcement by localities and Attorney General. Provides that any person who conducts, finances, manages, supervises, directs, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of up to $25,000. The bill provides that the Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to enjoin the operation of a gambling device in violation of this section and may request attachment against all such devices and any moneys within such devices. The bill provides that any civil penalties brought in the name of the Commonwealth shall be paid into the Literary Fund and that any civil penalties brought in the name of a locality shall be paid into the general fund of the locality.
Restricted permit; prepayment of fines and costs.Provides that any person who is otherwise eligible to receive a restricted permit to operate a motor vehicle shall not be required to pay infull his fines and costs before being issued such restricted permit.