Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data. The bill also requires the Commission to submit a report to the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historical sentencing data. The provisions of the first enactment of the bill clarifying the Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data has a delayed effective date of January 1, 2023. This bill is identical to HB 1320.
Sponsored bills
Court of Appeals of Virginia; emergency. Makes various changes to the procedures and jurisdiction of the Court of Appeals of Virginia, including (i) clarifying that an aggrieved party of certain pretrial orders may petition the Court of Appeals for review of such order and that such petitions shall be reviewed by a three-judge panel; (ii) providing that a party to an appeal that requests an extension for a filing deadline in the Court of Appeals must show good cause for the extension to be granted; (iii) clarifying that appeal bonds and security bonds are not required in criminal appeals; (iv) permitting the Court of Appeals to dispense with oral argument if the parties agree that it is not necessary; and (v) making consistent the grounds for seeking a delayed appeal in a criminal case in the Court of Appeals and the Supreme Court of Virginia. The bill additionally corrects the unintentional elimination of reviews of interlocutory decrees or orders involving certain equitable claims from the jurisdiction of the Court of Appeals. The bill contains an emergency clause that is applicable only to this correction.
Delinquent tax lands; disposition. Authorizes localities to petition the circuit court to appoint a special commissioner to, in lieu of a sale at public auction, convey certain real estate having delinquent taxes or liens to the locality's land bank entity or an existing nonprofit entity designated by the locality to carry out the functions of a land bank entity. Currently, such real estate may be conveyed only to the locality itself. The bill also allows real estate that contains a derelict building and has delinquent taxes and liens exceeding 10 percent of its assessed value to be conveyed via special commissioner, in lieu of a sale at public auction, to the locality, the locality's land bank entity, or such existing nonprofit entity. The bill requires a land bank entity or existing nonprofit entity that receives such parcels to pay any surplusage above the amount of unpaid taxes or liens to the former owners or other parties with an interest in the property.
Health insurance; tobacco surcharge. Eliminates the authority of a health carrier to vary its premium rates based on tobacco use. Under current law, a health carrier may charge premium rates up to 1.5 times higher for a tobacco user than for a nonuser. This bill is a recommendation of the Joint Commission on Health Care, and the provisions of the bill shall apply to health benefit plans providing individual or small group health insurance coverage beginning on January 1, 2023. This bill is identical to HB 675.
Shared solar programs for electric cooperatives;pilot. Creates a pilot program for participation by electric cooperativesto the shared solar programs that allow customers of investor-ownedutilities to purchase electric power through a subscription in a sharedsolar facility. The bill provides that, for each electric cooperative,the State Corporation Commission shall approve a shared solar facilityprogram and the Commission may, after notice and opportunity for hearing,establish a maximum amount of shared solar permissible in each electriccooperative's territory. Such maximum amount shall not be lower thanthe lesser of 15 megawatts or one percent of the electric cooperative'sprevious year peak load, with a minimum requirement that 30 percentof each cooperative's shared solar program is reserved for low-incomecustomers. The bill permits electric cooperatives to recover interconnectioncosts through rate proceedings with the Commission, although fiber-opticupgrades are rebuttably presumed as not cost-justified for the purposesof rate recovery. The bill also includes instructions and a timelinefor submission of an interconnection request by an owner of a sharedsolar project to an electric cooperative. The bill directs the Commissionto review the pilot program every two years, beginning July 1, 2025.
Probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings. Authorizes the Virginia Sentencing Commission to develop, maintain, and modify a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. The bill provides that a court would be presented with such guidelines when a defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer. This bill is identical to HB 1318.
Libraries and education services; obsolete provisions.Revises and repeals obsolete provisions in Title 22.1 (Education) related to early childhood education and elementary and secondaryeducation and Title 42.1 (Libraries) related to libraries and the Virginia Public Records Act. The bill also makes technical amendments.This bill is a recommendation of the Virginia Code Commission.
Issuance of original driver's licenses to minors. Authorizes the chief juvenile and domestic relations district court judge to waive the ceremonial requirements for the issuance within the district of original driver's licenses to minors or order that the licensing ceremony be conducted in an alternative manner. This bill is identical to HB 1050.
Roanoke Higher Education Authority; board oftrustees; membership. Adds the president of Virginia State Universityor his designee to the board of trustees of the Roanoke Higher EducationAuthority and removes the presidents of Averett University and MaryBaldwin College or their designees from the board of trustees.
Foster care placements; court review; best interests of the child. Provides that the juvenile and domestic relations district court has the authority to review and approve or deny a foster care plan filed by a local board of social services. The bill requires a foster care plan to assess the stability of proposed placements, the services provided or plans for services to be provided to address placement instability, and a description of other placements that were considered for the child. The bill codifies the factors to be considered when determining the best interests of a child for the purposes of developing foster care plans. The bill also (i) requests that the Committee on District Courts study child dependency hearings in the Juvenile and Domestic Relations District Court system and make recommendations to the General Assembly as to whether a separate docket or court would result in better service to children and families involved in child dependency hearings and other family law matters and (ii) directs the Office of the Children's Ombudsman to convene a work group to consider issues relating to the Commonwealth's model of court-appointed legal counsel in child dependency cases.