Sen. Joe Morrissey

Commending Carey A. Adams.

Public elementary and secondary schools; treatment of transgender students; policies. Requires the Department of Education to develop and make available to each school board, no later than December 31, 2020, model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to (i) compliance with applicable nondiscrimination laws; (ii) maintenance of a safe and supportive learning environment free from discrimination and harassment for all students; (iii) prevention of and response to bullying and harassment; (iv) maintenance of student records; (v) identification of students; (vi) protection of student privacy and the confidentiality of sensitive information; (vii) enforcement of sex-based dress codes; and (viii) student participation in sex-specific school activities and events, excluding athletics, and use of school facilities. The bill requires each school board to adopt, no later than the beginning of the 2021-2022 school year, policies that are consistent with but may be more comprehensive than such model policies developed by the Department of Education. This bill is identical to HB 145.

Commending the passage of the Americans withDisabilities Act.

Ex parte requests for investigative services or expertassistance in noncapital cases. Allows a defendant or his attorney, whensuch defendant is charged with a noncapital offense and is financially unableto pay for investigative services or expert assistance, to move a court toconduct an ex parte hearing on a request for such services or assistance. For amotion for investigative services, the bill requires a defendant or hisattorney to state under oath or in a sworn declaration that a need forconfidentiality exists regarding the request for investigative services and,after a hearing upon the motion, the court shall authorize the defendant or hisattorney to obtain investigative services upon a showing that the requestedservices would materially assist the defendant and are necessary in order toguarantee an adequate defense and that the lack of such confidential serviceswould result in a fundamentally unfair trial. For a motion for expertassistance, the bill requires a defendant or his attorney to show, in anadversarial proceeding before the trial judge, a particularized need forconfidentiality of the request for expert assistance. Upon a finding, by clearand convincing evidence, that a particularized need for confidentiality of theexpert services exists, the court shall hold an ex parte hearing and may orderthe appointment of a qualified expert upon a showing that the provision of therequested expert services would materially assist the defendant in preparinghis defense and the lack of such confidential assistance would result in afundamentally unfair trial.

Emblem for honoring fallen public safety personnel;the Honor and Sacrifice Flag. Designates the Honor and SacrificeFlag as the Commonwealth's emblem for honoring the brave men and womenwho have given their lives for public safety. This resolution is identicalto SJ 31.

Celebrating the life of Edward H. Peeples,Jr.

Commending Robert W. Duncan.

Commending Third Street Bethel African MethodistEpiscopal Church.

Environmental proceedings; findings of fact.Directs the Department of Environmental Quality (DEQ) to give deferenceto findings of fact by a presiding officer explicitly based on theevidence presented in any formal proceeding. The bill directs DEQto include in its case decision the factual and legal basis for anydecision that rejects a recommendation from the hearing officer orpresiding officer. The bill requires a court hearing any decisionon review in which a hearing officer has made a recommendation toDEQ on a factual issue to defer to such recommendation. A violationon account of gross negligence is a Class 1 misdemeanor. The bill also directs a court, hearing anydecision on review for a formal proceeding initiated prior to July 1, 2020, in which DEQ rejected a recommendation from a hearing officeror presiding officer and for which a final adjudication has not beenrendered, to remand the proceeding to establish the findings of factby a presiding officer explicitly based on the evidence presentedat the hearing and to establish the factual and legal basis for thedecision prior to rendering such final adjudication.

Commending the Division of Capitol Police, theVirginia Department of State Police, the Richmond Police Department,the Department of General Services, and the many other support unitsof the Unified Command.