Sen. Bill Stanley

Mandatory judicial retirement age. Increasesthe mandatory judicial retirement age from 73 to 75. This increasein mandatory retirement age includes judges subject to mandatoryretirement during the 2022 Regular Session of the General Assemblyand allows any sitting judge who has attained age 73 and has submitteda notice of retirement but not yet retired to revoke the notice ofretirement by written request. The bill requires the revocation ofany certification of need to fill the vacancy determined by the JudicialCouncil or Committee on District Courts based on the original noticeof retirement if a written request to revoke the notice of retirementis submitted by the judge. The bill contains an emergency clause.

Class 1 felonies; mandatory minimum term ofimprisonment for life. Provides that any person convicted ofa Class 1 felony who was 18 years of age or older at the time ofthe offense and is not determined to be a person with intellectualdisability shall be sentenced to a mandatory minimum term of imprisonmentfor life.

Violations of protective orders; preliminary child protective order. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child's life, health, or normal development or result in bodily injury to the child, it is punishable as a Class 1 misdemeanor. Under current law, violations of preliminary child protective orders constitute contempt of court and are also subject to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.

Habitual offenders; repeal. Repeals the remaining provisions of the Habitual Offender Act. The bill also requires that the Commissioner of the Department of Motor Vehicles reinstate a person's privilege to drive a motor vehicle that was suspended or revoked solely on the basis that such person was determined to be or adjudicated a habitual offender pursuant to the Habitual Offender Act. The bill also authorizes the Virginia Alcohol and Safety Action Program (VASAP) to continue to administer intervention for individuals who were ordered to attend an intervention interview on or before June 30, 2021.

Local school divisions; in-person learning.Requires each local school division to make in-person learning availableto all students by choice of the student's parent or guardian. Thebill contains an emergency clause.

Orders of restitution; enforcement. Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential.

Animal testing facilities; adoption of dogs and cats; civil penalty. Requires any animal testing facility, defined in the bill, that no longer has need for a dog or cat in its possession that does not pose a health or safety risk to the public or itself to offer, for a reasonable period of time prior to euthanasia, such dog or cat for adoption to a releasing agency or through a private placement or in the case of a testing facility operated by an agency or institution of higher education, develop its own adoption program. The bill authorizes an animal testing facility to enter into an agreement with a releasing agency for the implementation of the adoption. Violation is subject to a civil penalty of not more than $5,000 and any court costs and attorney fees.

Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill provides that no person may be sentenced to death or put to death on or after its effective date for any violation of law.

Telemedicine services; remote patient monitoring services. Requires the Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for remote patient monitoring services provided via telemedicine for (i) high-risk pregnant persons; (ii) medically complex infants and children; (iii) transplant patients; (iv) patients who have undergone surgery, for up to three months following the date of such surgery; and (v) patients with a chronic health condition who have had two or more hospitalizations or emergency department visits related to such chronic health condition in the previous 12 months. The services include monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other patient physiological data; treatment adherence monitoring; and interactive video conferencing with or without digital image upload. The bill also clarifies the definition of "telemedicine services" to provide that nothing in the bill precludes coverage for a service that is not a telemedicine service, including real-time audio-only telehealth services. The bill directs the Department of Medical Assistance Services to adopt regulations for reimbursement for telemedicine services delivered through audio-only telephone and to promulgate and adopt uniform regulations for remote patient monitoring for all Medicaid managed care organizations to implement and follow. The provisions of the bill are contingent on funding in a general appropriation act. This bill incorporates SB 1416.

Pet shops, dealers, and dog breeders; employeesconvicted of animal abuse; penalty. Requires pet shops, dealers, and commercial dog breeders to obtain a signed statement from anyprospective owner, director, officer, manager, member, operator,member of staff, or animal caregiver of such pet shop, dealer, orcommercial dog breeder, respectively, that such person has neverbeen convicted of animal cruelty, neglect, or abandonment. The billprohibits pet shops from selling or giving for adoption an animalwithout first obtaining such statement from the purchaser or adopterand prohibits dealers and commercial dog breeders from importing,selling, or offering for sale any dog to a pet shop without firstobtaining such statement from each owner, director, officer, manager,member, operator, member of staff, and animal caregiver of the petshop. Failure by such person to provide, or by such pet shop, dealer,or dog breeder to obtain, such statement is a Class 1 misdemeanor.