Sen. Barbara Favola

Juvenile and domestic relations district courts; petitions for relief of care and custody; custodians. Allows the custodian of a child to file a petition for relief of the care and custody of such child in a juvenile and domestic relations district court. Current law only authorizes the parent or parents of a child to file such petition for relief of care and custody. The bill also requires the petitioning parent or custodian to cooperate with any services provided by a local department of social services during the initial investigation by such local department of social services after such petition for relief of care and custody has been filed. This bill is a recommendation of the Virginia Commission on Youth and is identical to HB 73.

Remote pharmacist verification and counseling in opioid treatment programs. Authorizes a pharmacist licensed in the Commonwealth to exercise verification, counseling, and supervision duties remotely when a pharmacy technician or other authorized personnel dispenses medication prescribed for the management of opioid use disorder at a federally certified opioid treatment program.

Board of Education and Superintendent of Public Instruction; state program to support the improvement of low-performing schools. Requires the Superintendent of Public Instruction to consistently and effectively implement a state program to support the improvement of low-performing schools based on school accountability standards established by the Board of Education within the standards of accreditation. The bill requires the Superintendent to ensure that the Department of Education is appropriately organized and employs qualified staff to effectively provide this support to such low-performing schools. The bill requires the Board to ensure that the Superintendent and the Department administer an effective school improvement program to support such low-performing schools. The bill is a recommendation of the Joint Legislative Audit and Review Commission.

Elections; deadline for receipt of absentee ballots and certain other information; 5:00 p.m. on the third day after the election. Moves the deadline for receipt of an absentee ballot, information required to cure an absentee ballot, or proof of identification to accompany a provisional ballot provided for lack of identification from noon to 5:00 p.m. on the third day after the election. The bill has a delayed effective date of January 1, 2027. This bill is identical to HB 82.

Sexual abuse during infancy or incapacity; accrual. Adds to the accrual provisions for personal injury actions resulting from sexual abuse during the infancy or incapacity of a person that accrual occurs when corroborative evidence, as defined in the bill, is discovered or by the exercise of due diligence reasonably should have been discovered. This bill is identical to HB 1020.

Programs for at-risk students; permissible uses of funding. Includes as covered programs that are eligible for funding under the At-Risk Program initiatives to support both the physical and mental health of students in public schools, including the hiring of licensed practical nurses, registered nurses, and advanced practice registered nurses. This bill is a recommendation of the School Health Services Committee and is identical to SB 33.

Programs for at-risk students; permissible uses of funding. Includes as covered programs that are eligible for funding under the At-Risk Program initiatives to support both the physical and mental health of students in public schools, including the hiring of licensed practical nurses, registered nurses, and advanced practice registered nurses. This bill is a recommendation of the School Health Services Committee and is identical to HB 195.

Constitutional amendment (second reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that such right shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest, as defined in the amendment, and achieved by the least restrictive means. The amendment specifies that, notwithstanding the other provisions of the amendment, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Constitutional amendment (second reference); marriage between two adult persons; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two adult persons and to treat such marriages equally under the law, regardless of the sex, gender, or race of such persons.