Medically underserved areas; emergency medicalservices; medical care facilities. Provides that emergency medicalservices vehicles may transport patients to 24-hour urgent care medicalfacilities or other appropriate medical facilities when deemed appropriateby emergency medical services personnel or a physician. The billrequires the Board of Health to develop regulations for when emergencymedical services agencies in medically underserved areas as defined by the Board may transport patients to 24-hour urgent care facilitiesor appropriate medical care facilities other than hospitals. Theregulations shall include provisions for what constitutes a medicallyunderserved area, cases appropriate for transferring a patient toa medical facility other than a hospital, and other information deemedrelevant by the Board.
Sponsored bills
Suspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill also removes a provision allowing the court to require a defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs. The bill requires the Commissioner of the Department of Motor Vehicles to return or reinstate any person's driver's license that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs. Such person does not have to pay a reinstatement fee. The bill contains an emergency clause and incorporates SB 10, SB 514, and SB 814.
Landlord and tenant; tenant's remedy by repair. Permits a tenant, under certain circumstances, to have a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law, or that if not promptly corrected will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, remedied by a third-party licensed contractor or a licensed pesticide business. The bill provides that, unless the tenant has been reimbursed by the landlord, the tenant may deduct from rent the actual costs incurred, not to exceed the greater of one month's rent or $1,500, after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor or pest control services.
Interlocutory appeals; immunity. Provides that, when the circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, a party may file in such court a motion requesting that the court certify such order or decree for interlocutory appeal. The bill further provides that if such certification is opposed by any party the parties may brief the motion. Within 15 days of the entry of an order granting such certification, a petition for appeal may be filed with the appellate court having jurisdiction from a final judgment in the proceeding. Current law specifies that such petition must be filed within 10 days of such certification. The bill further provides that when, prior to the commencement of trial, the circuit court has entered an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. The bill specifies that any person aggrieved by such order may file a petition for review with the appropriate appellate court. The bill provides that the failure of a party to seek interlocutory review shall not preclude review of the issue on appeal from a final order and that an order denying such review shall not preclude review of the issue on appeal from a final order. As introduced, the bill was a recommendation of the Boyd-Graves Conference.
Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. The bill also provides that deferred disposition will no longer be allowed for peeping crimes. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. This bill incorporates SB 309 and is identical to HB 660.
New College Institute; board of directors, nonlegislative citizen members; representatives of business and industry from the Commonwealth. Increases from seven to 10 the nonlegislative citizen members of the board of directors of New College Institute for a total of 15 members. The bill requires three of the 10 nonlegislative citizen members to be representatives of business and industry from the Commonwealth. At least 13 members shall be residents of the Commonwealth.
Public schools; alternative school discipline process. Allows a school board to adopt an alternative school discipline process to provide a principal and parties involved in an incident involving assault, or assault and battery without bodily injury, that occurs on a school bus, on school property, or at a school-sponsored event an option to enter into a mutually agreed-upon process between the involved parties as an alternative to reporting such incident to law enforcement. The bill provides that a principal in a school division with such an alternative accountability process may attempt to engage the parties involved in such an incident in the process prior to reporting such incident to the local law-enforcement agency and prohibits, if provided for by the school board, a principal from reporting a party who successfully completes the alternative school discipline process.
Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the covered offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (iii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iv) specific facts indicating that relevant forensic scientific evidence was not available or could not have been obtained in the exercise of diligence before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency, or that discredited forensic scientific evidence was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless. The bill provides that if the court finds by clear and convincing evidence that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2021, and an expiration date of July 1, 2025.
Transportation of bait fish for sale; penalty. Prohibits the transportation for sale outside of the Commonwealth of river herring, alewife, threadfin shad, or gizzard shad, or the carcass or any part thereof, collected from the inland waters for use as bait fish. A violation of the provisions of the bill constitutes a Class 1 misdemeanor. The bill contains an emergency clause.
Sentence reductions; substantial assistanceto prosecution. Allows a convicted person's sentence to be reducedby the sentencing court if the court determines such person providedsubstantial assistance in the furtherance of the investigation orprosecution of another person engaged in an act of grand larcenyof a firearm, criminal street gang participation, or recruitment ofpersons for criminal street gangs. Consideration of sentence reductioncan occur only upon motion of the attorney for the Commonwealth.