Foster care; placement and discharge requirements.Requires children's residential facilities, child-placing agencies,and qualified residential treatment programs that receive state orfederal funds for placement costs to (i) accept any foster childin Virginia who meets the applicable admissions criteria, subjectto certain requirements set forth in the bill, and (ii) prioritizethe admission of children in foster care in Virginia over out-of-stateapplicants. The bill prohibits children's residential facilities, child-placing agencies, and qualified residential treatment programsthat have entered into a placement agreement with a local departmentof social services from discharging a child except as provided inthe placement agreement. The bill also requires children's residentialfacilities, child-placing agencies, and qualified residential treatmentprograms to work with certain parties to secure an alternative placementfor a child prior to discharge in the event the child fails to meetcertain placement criteria.
Sponsored bills
Commending Daphne Tamara Fulson.
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnoses of an intellectual or developmental disability. Lastly, the bill adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities. This bill incorporates SB 1383.
Operation of the Loudoun County local healthdepartment. Allows Loudoun County to enter into a contract withthe Department of Health for the local administration of local healthservices. Currently, the local department of health is operated asa joint venture between the state and local governments.
Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
Electric vehicle rebate program; creation andfunding; report. Creates a rebate program for the purchase or lease of new and used electric vehicles, to be administered by the Department of Mines, Minerals and Energy. A purchaser or lesseeof an electric vehicle would receive a $2,500 rebate at the timeof purchase, and a purchaser or lessee with an annual household incomethat does not exceed 300 percent of the federal poverty level wouldbe entitled to an additional $2,000 rebate. The motor vehicle dealerwhere the vehicle is purchased or leased would receive a refund forthe amount of the rebate and a $50 incentive payment for each rebateprocessed. Funds would be allocated from the revenues generated bythe sunset of the Virginia Coal Employment and Production IncentiveTax Credit and the Coalfield employment enhancement tax credit andprohibit the allocation of new credits on and after January 1, 2021.The bill also establishes an Electric Vehicle Rebate Advisory Councilto oversee the Electric Vehicle Rebate Program and to make recommendationsregarding its implementation. The Director of the Department of Mines,Minerals and Energy is required to report annually to the Governorand the General Assembly regarding the Program. The Program will expire on September 1, 2026.
Commonwealth Health Reinsurance Program. Requires the State Corporation Commission (Commission) to establish, upon approval of a state innovation waiver request pursuant to § 1332 of the Affordable Care Act, a reinsurance program, known as the Commonwealth Health Reinsurance Program (the Program). The bill provides that the Program is funded through federal funding provided under the state innovation waiver, an assessment on carriers, and state appropriations. The bill requires that the Commission impose an annual assessment of one percent of a carrier's net written premiums on entities authorized to issue individual and group health insurance overage including grandfathered plans but excluding plans offered in the small group market. The bill provides requirements for payment parameters, data submissions, recordkeeping, reporting, and audits of health carriers. The bill requires the Secretary of Health and Human Resources to convene a work group to develop recommendations for developing a state-based subsidy program to increase affordability of health plans to individuals and to increase enrollment in the Virginia Health Benefit Exchange. The bill requires the Commission to evaluate the program following its second year of operation.The provisions of the bill, other than the requirements that the Commission apply for the state innovation waiver, will become effective 30 days after notice of approval of the waiver request.
Constitutional amendment (first reference);marriage. Proposes the repeal of the constitutional amendmentdealing with marriage that was approved by referendum at the November2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits theCommonwealth and its political subdivisions from creating or recognizing"a legal status for relationships of unmarried individuals that intendsto approximate the design, qualities, significance, or effects ofmarriage"; and (iii) prohibits the Commonwealth or its politicalsubdivisions from creating or recognizing "another union, partnership,or other legal status to which is assigned the rights, benefits,obligations, qualities, or effects of marriage." The provisions ofthis section of the Constitution of Virginia are no longer validas a result of the United States Supreme Court decision in Obergefellv. Hodges, 576 U.S. ___ (June 26, 2015).