Bills & Legislation

Restorative housing and isolated confinement; restrictions on use.

Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every two business days and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours.

Joshua G. ColeDemocrat

Online portal; Commissioner of Department of Veterans Services to develop and maintain.

Commissioner of the Department of Veterans Services; powers and duties; online portal. Requires the Commissioner of the Department of Veterans Services to develop and maintain an online portal to connect veterans, members of the Virginia National Guard, and Virginia residents in the Armed Forces Reserves who qualify for veteran status, and their immediate family members, to available resources, programs, and services in the Commonwealth and provide a means to submit electronic applications for such resources, programs, and services. The bill requires the online portal to collect, maintain, use, disseminate, and safeguard personal information in compliance with state and federal law.

Joshua E. ThomasDemocrat

Disposition of Fort Whitworth; authorizes Governor to convey to Petersburg Battlefields Foundation.

Disposition of Fort Whitworth. Authorizes the Governor to convey Fort Whitworth to the Petersburg Battlefields Foundation. The conveyance shall be made without consideration and in as-is condition.

Kimberly Pope AdamsDemocrat

Federal benefit programs; DMAS & DSS shall study technology systems used to administer.

Department of Medical Assistance Services; Department of Social Services; administration of medical assistance and social services programs; technology modernization; report. Directs the Department of Social Services (DSS) and the Department of Medical Assistance Services (DMAS) to contract with a third-party vendor to study and create a plan for the modernization of the technological systems used to administer federal benefit programs in the Commonwealth. The bill requires DSS and DMAS to develop and submit a legislative report that includes a plan to modernize the current technological systems to the Governor and the Chairs of the House Committee on Health and Human Services and the Senate Committee on Rehabilitation and Social Services by December 1, 2026, and to use the recommendations and plan outlined in such legislative report to move forward with the procurement process.

Michael B. FeggansDemocrat

Law-enforcement officers; paid military leaves of absence.

Military leaves of absence for employees of the Commonwealth or political subdivisions; law-enforcement officers. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a law-enforcement officer shall receive paid leaves of absence for up to 388 hours for which a leave of absence is required, during which such person is engaged in federally funded military duty, to include training duty, or is called forth by the Governor for military duty.

May NivarDemocrat

Qualifying vehicles, certain; Dept. of Tax. to study options for abolishing personal property tax.

Study; Department of Taxation; options for abolishing the personal property taxation of certain qualifying vehicles; report. Directs the Department of Taxation to study options for abolishing the personal property taxation of certain qualifying vehicles and to evaluate alternative local revenue sources in order to account for the shortfall in local tax revenues that will result from the abolition of such tax.

Lily V. FranklinDemocrat

American Indians, Virginia and federally recognized tribes; establishes definitions, sovereignty.

Definitions; American Indians; Virginia recognized tribes; federally recognized tribes; sovereignty. Provides that the Commonwealth acknowledges the inherent sovereignty of federally recognized tribes within the present-day external boundaries of the Commonwealth. The bill also establishes definitions for "American Indian," "federally recognized tribe," and "Virginia recognized tribe" and amends various sections throughout the Code for the purpose of uniformity in terminology. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Paul E. KrizekDemocrat

Speed safety cameras, pedestrian crossing violation monitoring systems, etc.; violation enforcement.

Speed safety cameras, pedestrian crossing violation monitoring systems, and stop sign violation monitoring systems; placement and operation; violation enforcement; civil penalties. Authorizes state and local law-enforcement agencies to place and operate pedestrian crossing violation and stop sign violation monitoring systems in school crossing zones, highway work zones, and high-risk speed corridors for purposes of recording pedestrian crossing and stop sign violations, as those terms are defined in the bill. The bill changes the terms "photo speed monitoring device" to "speed safety camera" and "high-risk intersection segment" to "high-risk speed corridor" in provisions related to vehicle speed violations. The bill makes various changes to the requirements for the use of speed safety cameras and extends most of those requirements to the use of pedestrian crossing violation and stop sign violation monitoring systems. The bill requires local law-enforcement agencies implementing or expanding the use of pedestrian crossing violation and stop sign violation monitoring systems, prior to the implementation or expansion of such systems, to conduct a public awareness program for such implementation or expansion.The bill also limits the use of speed safety cameras, pedestrian crossing violation monitoring systems, and stop sign violation monitoring systems in highway work zones to when workers are present, as defined in the bill, and provides that a certificate sworn to or affirmed by a law-enforcement officer or a retired sworn law-enforcement officer is not prima facie evidence of the facts contained therein for a speed safety camera, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, as applicable, placed in a highway work zone unless the operator of the speed safety camera, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, respectively, provides a sworn certification verifying that workers were present at the time of the violation.The bill directs the Supreme Court of Virginia to develop a summons for violations captured by speed safety cameras, pedestrian crossing violation monitoring systems, and stop sign violation monitoring systems and requires summonses issued for such violations to be such summons. The bill also establishes civil penalties for violations of requirements and provides that for any summons issued, failure to comply with the requirements for the operation of speed safety cameras, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems, as applicable, render such summons invalid.The bill contains delayed effective dates for certain provisions.

Holly M. SeiboldDemocrat

Limitation on sentence upon revocation of suspension of sentence; technical violations.

Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings. The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.

Charlie SchmidtDemocrat

Rules of construction; use of "shall," effective clause, report.

Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.

Karrie K. DelaneyDemocrat

Additional local sales and use tax to support schools; referendum.

Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax.

Sam RasoulDemocrat

Employee protections; wage and hour, health and safety, and mining safety provisions.

Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.

Alfonso H. LopezDemocrat

Health care providers; required estimate for nonemergency health care services.

Health care providers; required estimate for nonemergency health care services. Requires health care providers to provide a good faith estimate of the payment amount for which the patient will be responsible for such nonemergency health care service, including any fees or other charges for an item or service the patient may reasonably be expected to receive in connection with the nonemergency health care service. The bill requires the good faith estimate to include (i) description of the scheduled nonemergency health care service, (ii) the provider's standard charge for the service and any related item or service, (iii) the provider's standard charges and any contracted rates known at the time the estimate is prepared, and (iv) a statement that the estimate is not binding and the actual amount billed may differ depending on changes in the scope of services or the health carrier's processing of the claim.

Vivian E. WattsDemocrat

Uniform Power of Attorney Act; acknowledged power of attorney, definition.

Uniform Power of Attorney Act; acknowledged power of attorney; definition. Amends the definition of "acknowledged" as it relates to a power of attorney under the Uniform Power of Attorney Act to mean purportedly verified before a notary public or other individual authorized to take acknowledgements. Under current law, "acknowledged" as it relates to a power of attorney under the Act means verified before a notary public or other individual authorized to take acknowledgements. The bill further eliminates the provisions of the Act prohibiting a person relying in good faith upon an acknowledged power of attorney that is invalid when such power of attorney contains a forged signature of a principal.

Marcus B. SimonDemocrat

Court of Appeals of Virginia; maximum number of judges, summary disposition of certain civil cases.

Maximum number of judges on the Court of Appeals of Virginia; hearings en banc; summary disposition of certain civil cases. Increases from 17 to 21 the maximum number of authorized judges on the Court of Appeals of Virginia. The bill provides that the Supreme Court of Virginia shall prescribe by rule the number of judges needed for the Court of Appeals to sit en banc, and that such number shall not be fewer than 13 judges. Additionally, the bill permits the Court of Appeals to summarily affirm the decision below in certain civil cases.

Patrick A. HopeDemocrat

Gaming Commission; established, penalties, report.

Virginia Gaming Commission established; penalties. Establishes the Virginia Gaming Commission as an independent agency of the Commonwealth, exclusive of the legislative, executive, or judicial branches of government, to oversee and regulate all forms of legal gambling in the Commonwealth except for the state lottery. The bill sets eligibility requirements for the appointment of a Commissioner and Virginia Gaming Commission Board members, provides powers and duties of such Commissioner and Board members, and provides for the transfer of current employees of relevant state agencies to the Commission. The bill contains numerous technical amendments.

Paul E. KrizekDemocrat

Data centers; policy of the Commonwealth.

Policy of the Commonwealth; data centers. Provides that it is the policy of the Commonwealth to encourage the responsible operation of data centers in the Commonwealth while supporting grid reliability, affordability, and the deployment of renewable resources. The bill provides that in furtherance of this policy, the Commonwealth shall (i) promote coordination between data centers, state agencies, and regional grid operators to share information on energy usage, interconnection timelines, and barriers to rapid deployment of renewable and flexible energy resources; (ii) incentivize data centers to participate in demand response programs, implement energy storage and management systems, and leverage automated technologies to reduce peak demand and support grid stability; (iii) encourage flexible energy practices that allow data centers to adjust energy consumption in real time in alignment with available renewable generation; (iv) ensure large-scale data centers pay their fair share of infrastructure investments, mitigating impacts on residential and small business ratepayers; (v) require data centers to report water and aggregated energy usage, sustainability measures, and participation in grid support programs to appropriate state and federal agencies; and (vi) promote cybersecurity, physical security, and supply chain security measures to protect Virginia data center operations from foreign adversary access or compromise.

Shelly A. SimondsDemocrat

Robbery; conforms certain provisions of Code to degrees of robbery offenses.

Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three of certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying that the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits to apply retroactively if certain criteria are met.

Vivian E. WattsDemocrat

Uniform Health Care Decisions Act; civil penalty.

Uniform Health Care Decisions Act; civil penalty. Repeals most provisions of the Health Care Decisions Act and enacts the Uniform Health Care Decisions Act. The bill creates a process for the execution of advance health care directives, as defined in the bill; establishes criteria for determining the capacity of an individual to make health care decisions; provides for the establishment of a default surrogate in the absence of an appointed agent for health care decisions; establishes powers and duties of agents appointed by powers of attorney for health care; and establishes duties of health care professionals.

Patrick A. HopeDemocrat

Certain student assessment requirements; calculation of final course grade, effective clause.

Certain student assessment requirements; calculation of final course grade; repeal. Repeals a provision of law that requires the score of any student in grades seven through 12 on any Standards of Learning assessment or permissive local alternative assessment to account for at least 10 percent of the student's final grade in the relevant course. The bill contains a reenactment clause.

Kelly K. Convirs-FowlerDemocrat

Rules of construction; use of "shall," effective clause, report.

Rules of construction; use of "shall." Provides that "shall," as used in the Code of Virginia, establishes a mandatory requirement and is not merely directory, unless the statute explicitly provides otherwise. The bill responds to the holding in Henderson v. Commonwealth, 77 Va. App. 250 (2023), in which the Court of Appeals held that when the General Assembly uses "shall" in a statute commanding action by a public official or public body such usage is directory and not mandatory. The foregoing provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly. The bill requires, effective in due course, the Virginia Code Commission to review the bill's provisions and evaluate the bill's effect on the Code of Virginia and to report its findings and recommendations to the General Assembly no later than December 1, 2026.

Karrie K. DelaneyDemocrat

Virginia Fungi Task Force; established, report.

Virginia Fungi Task Force established; report. Requires the Director of the Department of Conservation and Recreation to establish the Virginia Fungi Task Force to assess, categorize, and protect the Commonwealth's natural fungi species and explore the economic potential of fungi. The bill directs the Task Force to develop recommendations to (i) conduct a gap analysis and needs assessment on the Commonwealth's natural fungi species; (ii) identify economic development opportunities for fungi; (iii) build a Virginia database of native and invasive fungi species; (iv) conduct statewide fungal monitoring and research; (v) support forest health, agriculture, and water quality in the Commonwealth; (vi) provide guidance on toxic mushrooms and public safety; and (vii) build public education and identification resources on fungi in the Commonwealth. The bill requires the Task Force to report its initial findings and recommendations to the Secretary of Natural and Historic Resources and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and Senate Committee on Agriculture, Conservation and Natural Resources by December 1, 2027, and update such report at least every five years.

Charlie SchmidtDemocrat

VSP; responsible for investigating alleged serious violent incident resulting in death of an inmate.

Department of Corrections; investigations of violent incidents. Designates the Department of State Police as the law-enforcement agency responsible for investigating (i) alleged serious violent incidents that result in the death of either an inmate or officer and (ii) alleged or suspected incidents of inmate suicide.

Eric PhillipsRepublican

Deferred or installment payment agreements; outstanding court-assessed fines, fees, taxes, or costs.

Deferred or installment payment agreements; outstanding court-assessed fines, fees, taxes, or costs. Provides that the attorney for the Commonwealth or the clerk of the circuit court shall not require any defendant sentenced to an active term of incarceration and ordered to pay any fine cost, forfeiture, or penalty related to the charge for which such defendant was incarcerated, or any other chare for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement with a due date set no earlier than 180 days after the defendant's scheduled release from incarceration on the charges for which such defendant was sentenced on the same day.

Mike A. CherryRepublican

Qualifying vehicles, certain; Dept. of Tax. to study options for abolishing personal property tax.

Study; Department of Taxation; options for abolishing the personal property taxation of certain qualifying vehicles; report. Directs the Department of Taxation to study options for abolishing the personal property taxation of certain qualifying vehicles and to evaluate alternative local revenue sources in order to account for the shortfall in local tax revenues that will result from the abolition of such tax.

Lily V. FranklinDemocrat

Prior conviction; procedure for use as element of offense charged.

Procedure for use of prior conviction as element of offense charged. Establishes a procedure for using a defendant's prior conviction to prove an element of an offense charged or to enhance the punishment for the offense charged.

Sam RasoulDemocrat

Cats and dogs; Virginia Cooperative Extension Service to create a list of toxic houseplants.

Virginia Cooperative Extension Service; cats and dogs; list of toxic houseplants. Requires the Virginia Cooperative Extension Service to create a list of common houseplants that are toxic to cats and dogs no later than November 1, 2026, and to update such list at least every four years thereafter. The bill requires the Department of Agriculture and Consumer Services to make such list publicly available on its website.

Kathy K.L. TranDemocrat

Motor vehicle sales and use tax; exemption for electric vehicles, etc.

Motor vehicle sales and use tax; exemption. Exempts from the retail sales and use tax imposed on motor vehicles in Virginia, any electric vehicle, defined in the bill, being registered for the first time in the Commonwealth if the applicant holds a valid, assignable title or registration issued to him by another state or a branch of the United States Armed Forces and such applicant has owned the vehicle for less than 12 months and provides evidence of purchasing the vehicle while a resident of another state. Current law provides such first-time registration exemption only if the vehicle has been owned by the applicant for longer than 12 months or less than 12 months if such applicant provides evidence of such sales tax payment made to another state.

Kathy K.L. TranDemocrat

Personal property taxes; valuation, effective clause.

Personal property taxes; valuation. Requires that tangible personal property employed in a trade or business, other than such property set out for different valuation in current law, shall be valued by means of a percentage or percentages of original cost to the taxpayer. Current law requires such property to be valued only by means of a percentage or percentages of original cost. The provisions of this bill do not become effective unless reenacted by the 2027 Session of the General Assembly.

Vivian E. WattsDemocrat

State government; transaction of public business, prohibited website domains.

State government; transaction of public business; prohibited website domains. Prohibits a public body, defined in the bill, from maintaining an official website for public use with a domain other than a .gov, .edu, or .museum domain. The bill provides that any email address that a public body provides to its employees shall utilize a .gov domain and directs the Virginia Information Technologies Agency to promulgate regulations to implement the provisions of the bill. The bill has a delayed effective date of July 1, 2029.

C.E. Cliff Hayes, Jr.Democrat

Traffic reg.; bicycles, electric personal assistive mobility devices, etc., yielding at stop signs.

Traffic regulation; bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and motorized skateboards or scooters. Authorizes any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or motorized skateboard or scooter to yield instead of stop at an intersection controlled by a stop sign if certain conditions are met. The bill also authorizes such a person to proceed through the intersection on a steady red light if the pedestrian control signal corresponding to the person's direction of travel and to the parallel crosswalk indicates "Walk" and if certain other conditions are met. The bill requires any such persons riding two abreast on roadways with only one travel lane in the direction of such persons and a posted speed limit of 35 miles per hour or more to not impede the normal and reasonable movement of traffic. Under current law, such persons riding two abreast are required to not impede the normal and reasonable movement of traffic and are required to move into a single-file formation when being overtaken from the rear by a faster moving vehicle, regardless of the type of road and posted speed limit.

Rodney T. WillettDemocrat

Teacher Recruitment and Retention Mentorship Pilot Program; established, report, sunset.

Department of Education; division superintendents; Teacher Recruitment and Retention Mentorship Pilot Program established; administration; report. Directs the Department of Education (the Department), in coordination with the Virginia Association of School Superintendents, to establish and administer the Teacher Recruitment and Retention Mentorship Pilot Program (the Program) for the purpose of supporting division superintendents of school divisions with high teacher vacancy rates in improving teacher recruitment and retention in such school division by coordinating the establishment of mentorships whereby a division superintendent of a low vacancy-rate school division is connected with a division superintendent of a high vacancy-rate school division to provide mentorship in developing and implementing plans, strategies, and best practices for improving teacher vacancy rates in the high vacancy-rate school division. The bill directs the Department, in coordination with the Virginia Association of School Superintendents, to implement policies and procedures for the establishment and administration of the Program, including policies for coordinating such mentorships, encouraging participation of division superintendents in the Program, and for Program oversight. The bill directs each division superintendent mentorship pair participating in the Program to annually submit to the Department a report on their activities for the preceding school year and any recommendations relating to improving the effectiveness of mentorships under the Program. Finally, the bill directs the Department to submit to the Governor and the Chairs of the House Committee on Education and the Senate Committee on Education and Health by November 1 of each year a report on the activities of the Program for the preceding school year. The bill has an expiration date of July 1, 2029.

Laura Jane CohenDemocrat

Uniform Health Care Decisions Act; civil penalty.

Uniform Health Care Decisions Act; civil penalty. Repeals most provisions of the Health Care Decisions Act and enacts the Uniform Health Care Decisions Act. The bill creates a process for the execution of advance health care directives, as defined in the bill; establishes criteria for determining the capacity of an individual to make health care decisions; provides for the establishment of a default surrogate in the absence of an appointed agent for health care decisions; establishes powers and duties of agents appointed by powers of attorney for health care; and establishes duties of health care professionals.

Patrick A. HopeDemocrat

Expiration of cooperative agreements; period of oversight by VDH Commissioner, transfer of records.

Expiration of cooperative agreements; period of oversight by Commissioner of Health; transfer of records. Establishes that cooperative agreements approved pursuant to the recommendation of the Southwest Virginia Health Authority shall automatically expire on June 30, 2028. The bill directs the Department of Health to transfer all records related to the approval and supervision of any cooperative agreement to the Commissioner of Health within 60 days of such expiration, establishes a five-year supervision period after such expiration during which the Commissioner supervises any managed care pricing restrictions in effect at the time of expiration pursuant to an agreement, and requires the Commissioner to report annually the status of its supervision to the Attorney General. The bill directs the Department of Health to repeal the provisions of 12VAC5-221 of the Virginia Administrative Code upon the expiration of cooperative agreements pursuant to the bill.

Patrick A. HopeDemocrat

Malicious bodily injury to correctional officers; penalties.

Malicious bodily injury to correctional officers; penalties. Provides that if any person maliciously causes bodily injury to another by any means, including the means set out in existing law, with intent to maim, disfigure, disable, or kill, and knowing or having reason to know that such other person is a correctional officer, as defined in relevant law, engaged in the performance of his public duties as a correctional officer, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to existing law, a fine of not more than $100,000; upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years. The bill also provides that if any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a correctional officer engaged in the performance of his public duties as a correctional officer, he is guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year.

Mitchell CornettRepublican

Gaming Commission; established, penalties, report.

Virginia Gaming Commission established; penalties. Establishes the Virginia Gaming Commission as an independent agency of the Commonwealth, exclusive of the legislative, executive, or judicial branches of government, to oversee and regulate all forms of legal gambling in the Commonwealth except for the state lottery. The bill sets eligibility requirements for the appointment of a Commissioner and Virginia Gaming Commission Board members, provides powers and duties of such Commissioner and Board members, and provides for the transfer of current employees of relevant state agencies to the Commission. The bill contains numerous technical amendments.

Paul E. KrizekDemocrat

Fines and costs; period of limitations on collection, deferred payment agreement.

Fines and costs; period of limitations on collection; deferred payment agreement. Changes the period of limitations for the collection of court fines and costs from within 60 years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court or within 30 years if imposed by a general district court to within 10 years from the date of the judgment whether imposed by a circuit court or general district court. The bill provides that upon the expiration of the period of limitations, no action shall be brought to collect the debt.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 charges for which such defendant was sentenced on the same day, and, notwithstanding any other provision of law, the period of limitations for payment of such fines, costs, forfeitures, or penalties shall start to run on the due date for such deferred payment agreement.The bill has a delayed effective date of January 1, 2027.

Phil M. HernandezDemocrat

Certified school library specialists; Superintendent of Public Instruction to employ in DOE.

Superintendent of Public Instruction; employment of certified school library specialists. Requires the Superintendent of Public Instruction to employ in the Department of Education at least one certified school library specialist who shall have several duties enumerated in the bill, including (i) providing leadership and technical assistance with the implementation and use of information literacy skills to school divisions, Department staff, and other stakeholders to support student achievement; (ii) directing the implementation of state and national school library standards and consulting with and providing technical assistance to local school divisions relating to such standards; (iii) collaborating on various grants and other initiatives that promote student literacy through school library programs throughout the Commonwealth; (iv) supporting student learning through instructional programs in which students are required to demonstrate information literacy, digital literacy and fluency, and effective use of technology and instructional programs that incorporate science, technology, engineering, and math learning; and (v) providing the Department, the Board of Education, the General Assembly, and school boards with support relating to student learning through the use of school library standards and library resources.

Shelly A. SimondsDemocrat

Public service companies; prevailing wage rate for underground infrastructure work.

Prevailing wage rate for underground infrastructure work by public service companies. Directs the Department of Labor and Industry to determine and make available the prevailing wage rate for underground infrastructure work, as defined in the bill. Under the bill, each public service company shall ensure that its bid specifications or other contracts applicable to underground infrastructure work require payment at the prevailing wage rate. The bill requires contractors and subcontractors to post the prevailing wage rate in a prominent and accessible place at the work site. The bill also requires each contractor or subcontractor subject to the provisions of the bill to comply with certain recordkeeping requirements. The provisions of the bill apply to contracts entered into on or after July 1, 2027.

Shelly A. SimondsDemocrat

Robbery; conforms certain provisions of Code to degrees of robbery offenses.

Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three of certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying that the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits to apply retroactively if certain criteria are met.

Vivian E. WattsDemocrat

Standby generators; DEQ shall conduct a study of generators used by by commercial facilities, etc.

Department of Environmental Quality; standby generators study; report. Directs the Department of Environmental Quality to conduct a one-year study of all standby generators used by a commercial facility with an air permit in the Commonwealth. The bill requires the study to (i) identify commercial facilities with an air permit that use standby generators, (ii) identify the type of pollutants emitted from such standby generators, and (iii) analyze and describe the amount of pollutants from such standby generators. The Department is required to report its findings and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources by July 1, 2027.

Elizabeth R. GuzmanDemocrat

Judicial Inquiry and Review Commission; reform, increases membership.

Judicial Inquiry and Review Commission; reform. Increases from seven to 12 the number of members of the Judicial Inquiry and Review Commission (the Commission) by adding two additional attorney members, an additional active judge of the Court of Appeals of Virginia, and two additional citizen members. The bill provides that such attorney members be chosen by members of the General Assembly from recommendations provided by the Council of the Virginia State Bar, the Board of Directors for the Virginia Association of Commonwealth's Attorneys, and the Board of Directors for the Virginia Association of Criminal Defense Lawyers, and reduces the required years of practice for such lawyer members from 15 to eight. The bill establishes an initial and subsequent annual training requirement for each member and any newly hired counsel for the Commission. Additionally, the bill requires the Commission to adopt and implement a conflict of interest policy. The bill clarifies appointment powers of the Governor in any case where a member of the Commission or staff for the Commission is disqualified from or voluntarily recuses himself from participation in a proceeding. Further, the bill requires the Commission to adopt, the Committees for Courts of Justice to approve, and the Commission to make publicly available a Code of Conduct for all Commission members and Commission staff. The bill provides that the Commission shall make all reasonable efforts to contact any witnesses specified in complaints alleging judicial misconduct to assist the Commission. Further, the bill clarifies that the Commission may investigate any complaints within their purview arising out of matters that are pending or on appeal, and that the Commission shall not dismiss such complaints solely on the basis that the matter from which such complaint arose is pending or on appeal. The bill requires the Commission to make publicly available a publication specifying all possible sanctions, informal disciplinary actions, and supervision agreements the Commission may impose on a judge who is the subject of a complaint and provides an option for requiring the mandatory recusal of such judge in certain instances. The bill prohibits the Attorney General from acting as counsel in any proceeding where the Attorney General was involved in a case, either at trial or on appeal, where a complaint of judicial misconduct arose from such case, and provides that the Conflict of Interest policy the Commission adopts shall govern the Attorney General. The bill removes provisions of confidentiality for a complainant that currently bars a complainant from discussing or sharing privileged information regarding any filed complaint and permits such complainant to discuss publicly the filing of a complaint and any associated events relating to the complaint. The bill clarifies notice requirements to the complainant by the Commission. Finally, the bill permits the Office of the Executive Secretary of the Supreme Court of Virginia to provide the annual judicial performance evaluations for all judges subject to evaluation to the Commission, and such evaluations shall remain confidential.

Patrick A. HopeDemocrat

Felonies; limitation on prosecution due to lapse of time after finding of probable cause.

Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions; retaining counsel. Provides that the speedy trial statute is tolled for the accused to retain private counsel or have counsel appointed to him pursuant to relevant law. The bill requires the court to conduct, not more than 30 days apart, reviews of the accused's attorney status and provides that such tolling shall end when the accused has either retained counsel or had counsel appointed to him and such counsel has entered an appearance in the case or the accused executes a valid waiver of counsel. Lastly, the bill provides that such provisions shall not be construed as ending the tolling of speedy trial for any other reason pursuant to relevant law.

Wren M. WilliamsRepublican

Virginia Conservation Easement Act; definition of federally recognized tribe.

Virginia Conservation Easement Act; definitions; federally recognized tribes. Provides that a federally recognized tribe, as defined in the bill, can be a conservation easement holder and that such a tribe is not bound by the same restrictions on the location of a principal office or the duration of existence that are placed on other types of easement holders. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Marcus B. SimonDemocrat

Electric utility infrastructure; Dept. of Energy and SCC to conduct an analysis, report.

State Corporation Commission; electric utility infrastructure; report. Directs the Department of Energy (the Department) and the State Corporation Commission (the Commission) to conduct a comprehensive analysis of existing electric utility infrastructure to identify cost-saving opportunities that improve or preserve electric system reliability as an alternative or supplement to greenfield infrastructure projects. The bill requires the Department and the Commission to complete their analysis and submit a report to the General Assembly no later than July 1, 2027.

R. Lee WareRepublican

Federal benefit programs; DMAS & DSS shall study technology systems used to administer.

Department of Medical Assistance Services; Department of Social Services; administration of medical assistance and social services programs; technology modernization; report. Directs the Department of Social Services (DSS) and the Department of Medical Assistance Services (DMAS) to contract with a third-party vendor to study and create a plan for the modernization of the technological systems used to administer federal benefit programs in the Commonwealth. The bill requires DSS and DMAS to develop and submit a legislative report that includes a plan to modernize the current technological systems to the Governor and the Chairs of the House Committee on Health and Human Services and the Senate Committee on Rehabilitation and Social Services by December 1, 2026, and to use the recommendations and plan outlined in such legislative report to move forward with the procurement process.

Michael B. FeggansDemocrat

Pari-mutuel wagering; historical horse racing, percentage retained for distribution.

Pari-mutuel wagering; historical horse racing; percentage retained for distribution. Provides that with respect to all authorized historical horse racing terminals, of the amount that a horse racing licensee retains from wagering on historical horse racing pools and in addition to the current distribution required under law, 0.0125 percent each shall be distributed to the Shenandoah County Agricultural Foundation and the Great Meadow Foundation to support the promotion, education, maintenance, and safety of horse racing at such facilities.

David A. ReidDemocrat

Restorative housing and isolated confinement; restrictions on use.

Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every two business days and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours.

Joshua G. ColeDemocrat