Maximum number of judges in each judicial circuitand district. Increases from five to six the number of authorizedcircuit court judgeships in the twenty-third judicial circuit. Thebill also increases from four to five the number of authorized generaldistrict court judgeships in the twenty-third judicial district.
Driver's license suspensions for certain non-driving-relatedoffenses. Removes the existing provisions that allow a person'sdriver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense and (ii) for violationsnot pertaining to the operator or operation of a motor vehicle. Theprovisions of this bill have a delayed effective date of September1, 2020.
Redistricting; population data; reallocation of prisonpopulations. Provides for the preparation of adjusted population data forredistricting and reapportionment purposes to reflect the reallocation of personsincarcerated in federal, state, and local correctional facilities. The billprovides that a person incarcerated in a correctional facility whose legalresidence prior to entering custody was located within the Commonwealth will bedeemed to reside at such residence, and a person incarcerated in a correctionalfacility whose legal residence prior to entering custody was located outside ofthe Commonwealth or whose legal residence prior to entering custody cannot bedetermined will not be included in the population count for the locality inwhich the facility is located; instead, such persons shall be allocated to astate unit not tied to a specific determined geographic location in the samemanner as other state residents with an unknown address are allocated. Underthe current residence criteria of the U.S. Bureau of the Census, incarceratedpersons are counted at the facility in which they are incarcerated. The billdirects the Division of Legislative Services to prepare the adjusted populationdata, and the General Assembly and local governing bodies are required to usethis data as the basis for reapportioning and drawing new districts. TheDirector of the Department of Corrections and the Board of Corrections arerequired to provide to the Division certain information about each personincarcerated who was incarcerated in a state or local correctional facility onthe day the decennial census is taken, April 1 of a year ending in zero, forthese purposes. The Division is directed to request such information from eachagency operating a federal correctional facility in the Commonwealth, andpersons incarcerated in a federal correctional facility for whom a record isnot received shall be deemed to have a legal residence prior to enteringcustody that cannot be determined.
Incentives for telecommunications companies;provision of wireless broadband services. Directs the Tobacco Region Revitalization Commission to award at least $50 million peryear in grants to cover expenditures for the purchase and installationof wireless and broadband equipment to rural service areas in theCommonwealth. The bill defines "rural service areas" as any localitywith a mean broadband download speed of less than 10 megabits persecond, and a mean broadband upload speed of less than one megabitper second.
Transportation revenues. Directs the Secretaryof Transportation to evaluate (i) the impact of increased fuel efficiencyand increased use of hybrid and electric vehicles on transportation revenues and (ii) potential options to provide a sustainable fundingstream for transportation infrastructure, and report to the GeneralAssembly no later than December 10, 2020.
Discovery in criminal cases; penalties. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides a mechanism for redaction of certain personal identifying information. The bill also creates a procedure whereby the parties may conduct depositions of witnesses prior to trial and use statements obtained during such depositions for impeachment at trial as a prior inconsistent statement. The bill creates a procedure for either party to move the court to enter a protection order with regard to discovery and, if granted, the court may order any condition limiting, but not preventing, disclosure, so long as the condition is necessary to the orderly adjudication of the case or to the fair administration of justice. Finally, the bill (i) makes it a Class 6 felony for any person to willfully omit or misrepresent evidence or information required to be disclosed to the accused, (ii) makes it a Class 1 misdemeanor for any person to willfully omit or misrepresent any other evidence of information required to be disclosed, and (iii) grants the court the ability to impose additional remedies it deems just if a party fails to comply with any of the requirements.
Celebrating the life of the Honorable Mary T.Christian.
Collective bargaining for public employees.Repeals the existing prohibition on collective bargaining by publicemployees. The bill creates the Public Employee Relations Board,which will determine appropriate bargaining units and provide forcertification and decertification elections for exclusive bargainingrepresentatives of state employees and local government employees.The measure requires public employers and employee organizationsthat are exclusive bargaining representatives to meet at reasonabletimes to negotiate in good faith with respect to wages, hours, andother terms and conditions of employment. The measure repeals a provisionenacted in 2013 that declares that, in any procedure providing for the designation, selection, or authorization of a labor organizationto represent employees, the right of an individual employee to voteby secret ballot is a fundamental right that shall be guaranteedfrom infringement.
Third-party power purchase agreements. Exemptssellers under third-party power purchase agreements from being definedas a public utility, public service corporation, public service company,or electric utility solely because of the sale of electricity orownership or operation of a distributed generation facility. Themeasure provides that the sale of electricity generated at a distributedenergy facility by a person that is not a public utility, publicservice corporation, or public service company to a customer thatis purchasing or leasing the distributed energy facility under theterms of a third-party power purchase agreement does not constitutethe retail sale of electricity. The measure proscribes State CorporationCommission regulation of the sale of electric energy that is generatedon site by a distributed generation facility pursuant to a third-partypower purchase agreement. The measure also repeals the pilot programinitially enacted in 2013 that authorized Dominion Energy to enterinto certain third-party power purchase agreements providing financingof certain renewable generation facilities.
Application of parole statutes. Repealsthe abolition of parole. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parolefor persons who were previously ineligible for parole, because parolewas abolished, to allow for an extension of time for reasonable cause.
