Sen. Jennifer Carroll Foy

Railroad safety; civil penalties. Addsvarious requirements for railroad companies, including (i) prohibiting placing stationary cars or trains on its track within 1,500 feeton both sides of any crossing of a railroad with a highway; (ii)prohibiting trains that exceed 8,500 feet in length on any mainlineor branch line; (iii) requiring a crew of at least two qualifiedindividuals on all trains, locomotives, or light engines used inconnection with moving freight; (iv) requiring warning signs or devices for certain track obstructions that could endanger a railroad companyemployee; and (v) requiring walkways adjacent to yard tracks whereemployees regularly perform switching service. The bill requiresthat fines for a violation of the train-length requirement be depositedin the Shortline Railway Preservation and Development Fund for railwaysafety projects.

Minimum qualifications for law-enforcement officers; citizenship; waiver. Allows individuals who have been grantedDeferred Action for Childhood Arrivals by U.S. Citizenship and ImmigrationServices to qualify for the positions of chief of police, policeofficer of a locality, deputy sheriff, jail officer, and law-enforcementofficer. Current law allows only citizens of the United States toqualify for the named positions.

Limitation on sentence upon revocation of suspensionof sentence; technical violations. Provides that when conductinga revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by thecourt. The bill also requires that when a defendant has been takeninto custody for an alleged first or second technical violation forwhich the court may only impose up to 14 days of active incarceration,the court shall adjudicate such violation within 14 days of the defendantbeing taken into custody. The bill states that if such violationis not adjudicated within 14 days of the defendant being taken intocustody, the defendant shall be admitted to bail, unless (i) suchdefendant consents to being further detained while awaiting adjudicationor sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significantrisk of harm to himself or the community based on substance use disorderor serious mental illness and has been referred for residential treatment.Notwithstanding the foregoing, the bill provides that no such defendantshall be held in custody awaiting adjudication of or sentencing onsuch alleged technical violation for longer than 30 days.

Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by such prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that such transferee cannot be younger than 21 years of age and cannot reside with such prohibited person. The bill also provides that such prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm and shall provide a copy of such form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession. This bill is identical to HB 46.

Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to HB 1.

Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least five days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law. This bill incorporates SB 55 and SB 551 and is identical to HB 1195.

Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a charge of felony shall be denied a preliminary hearing upon the question of whether there is reasonable ground to believe that he committed the that offense and no indictment shall be returned in a court of record against any such person for that charge, any other charge that would be a greater or lesser offense of that charge, or any other charge arising out of the same transaction or occurrence of that charge prior to such hearing unless such hearing is waived in writing by the accused. The bill specifies that no court shall grant any motion by the Commonwealth to nolle prosequi or dismiss a felony charge prior to conducting a preliminary hearing on that charge without the consent of the defendant.The bill provides that on motion of the defendant, a court in which any such indictment is returned in violation of such requirements shall dismiss any such indictment, or upon motion of the Commonwealth, shall stay prosecution in that court and remand the case to district court for a preliminary hearing on any felony charge for which such defendant was indicted. Upon a remand to the district court for such preliminary hearing, the district court shall conduct the hearing on the felony charge contained in the indictment and shall then return the indictment to the circuit court for further proceedings.

Plea agreements; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2024, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy.The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth (a) as a condition for participation in a specialty docket or (b) in a case involving a sexual offense where the victim is under 18 years of age.The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation or post-release supervision imposed against the defendant; if the defendant is not placed on supervised probation or post-release supervision, it shall be no longer than the period of suspension of sentence or post-release incarceration imposed against such defendant.

Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General has authority to enforce the provisions of the bill. The bill provides that the Board shall establish no more than 12 upper payment limit amounts annually between January 1, 2025, and January 1, 2028.The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2025, and December 31, 2025. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.The bill also requires the nonprofit organization contracted by the Department of Health to provide prescription drug price transparency to provide the Board access to certain data reported by manufacturers. The bill has a delayed effective date of January 1, 2025, and is identical to HB 570.

Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant; deferred payment agreement. Extends from 90 days without payment to 180 days without payment the period of delinquency necessary for an account to be included on the required monthly report of delinquent accounts made by the clerk of the circuit court and district court. The bill also provides that for any defendant sentenced to an active term of incarceration and ordered to pay any fine, cost, forfeiture, or penalty related to the charge that such defendant is incarcerated for, or any other charge for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement for such fines, costs, forfeitures, or penalties. The bill requires the due date for such deferred payment agreement to be set no earlier than the defendant's scheduled release from incarceration on the charge for which such defendant received the longest period of active incarceration. The bill has a delayed effective date of January 1, 2025. This bill is identical to HB 612.