Sampling of bills to be introduced during special session starting Aug. 18 – Part 2

Governor Ralph Northam has called the Virginia General Assembly into a special session beginning August 18. Here is a sampling of the Senate Bills to be introduced which include school nurses, disaster law, neck restraints by police, marijuana, Juneteenth, concealed permits, and more.

SB 5001 Emergency Services and Disaster Law; limitation on the duration of executive orders.  Introduced by: Stephen D. Newman
Emergency Services and Disaster Law; limitation on the duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 30 days during which the rule, regulation, or order is effective, the Governor may once again issue the same rule, regulation, or order but shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.

SB 5002 Law-enforcement officers; prohibition on the use of neck restraints. Introduced by: Thomas K. Norment, Jr.
Law-enforcement officers; prohibition on the use of neck restraints. Prohibits the use of neck restraints by law-enforcement officers. The bill defines “neck restraint” as the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person’s movement or restricting the person’s blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck restraints. The bill also provides that, in addition to any other penalty authorized by law, a violation is grounds for disciplinary action against the law-enforcement officer, including dismissal, demotion, suspension, or transfer of the law-enforcement officer.

SB 5004 School nurses; local school boards shall employ nurses for elementary, middle, & high schools. Introduced by: Jennifer A. Kiggans
School personnel; school nurses. Excludes school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division.

SB 5007 Criminal cases; sentencing reform. Introduced by: Joseph D. Morrissey
Criminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provides that if a jury cannot agree on a punishment, the court shall declare a mistrial. The bill provides that the attorney for the Commonwealth may not demand a jury trial when an order declaring a judicial emergency has suspended criminal jury trials. The bill also provides that the Virginia Criminal Sentencing Commission shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill that would result in a net decrease in periods of imprisonment in state adult correctional facilities.

SB 5008 Emergency Services and Disaster Law; limitation on duration of executive orders. Introduced by: David R. Suetterlein
Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.

SB 5011 Motor vehicle safety inspection program; abolishing state program, etc. Introduced by: David R. Suetterlein
Motor vehicle safety inspection program. Abolishes the state motor vehicle safety inspection program.

SB 5013 Marijuana; summons for violation of possession shall contain an option for person charged to prepay. Introduced by: Richard H. Stuart
Possession of marijuana; prepay penalty. Provides that a summons for a violation of possession of marijuana shall contain the option for the person charged to prepay the civil penalty.

SB 5021 Public schools; mandatory virtual learning, provision of required technology and Internet service. Introduced by: Amanda F. Chase
Public schools; mandatory virtual learning; provision of required technology and Internet service; emergency. Provides that if a school board requires students to engage in virtual learning for any reason, whether full time or part-time, and a computer and Internet service to connect to the curriculum is required, then the school board must provide appropriate technology devices to every student enrolled in the school system, so they may access the learning platform. Additionally, the bill requires school boards to provide adequate Internet service to a student’s household at no cost if a student’s family income is below 125 percent of the federal poverty guidelines. The bill contains an emergency clause.

SB 5026 Nursing homes; publication of information about certain communicable diseases. Introduced by: Stephen D. Newman
Nursing homes; publication of information about certain communicable diseases. Requires the Commissioner of Health to make available to the public information about confirmed cases of a communicable disease at nursing homes in the Commonwealth when a public health emergency related to such communicable disease has been declared. The bill requires such information to include (i) the name of each nursing home with at least one confirmed case of such communicable disease among the patients or staff of the nursing home, (ii) the total number of confirmed cases of such communicable disease among the patients of the nursing home, and (iii) the total number of confirmed cases of such communicable disease among the staff of the nursing home.

SB 5029 Issuing citations; possession of marijuana and certain traffic infractions. Introduced by: L. Louise Lucas
Issuing citations; possession of marijuana and certain traffic infractions. Changes from primary offenses to secondary offenses the possession of marijuana and the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) without an exhaust system that prevents excessive or unusual levels of noise, (iii) with certain sun-shading materials and tinting films, and (iv) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.

SB 5031 Legal holidays; Juneteenth. Introduced by: Mamie E. Locke
Legal holidays; Juneteenth. Recognizes the nineteenth day of June of each year, also known as Juneteenth, as a legal holiday in the Commonwealth to commemorate the announcement of the abolition of slavery in Texas, the last of the former Confederate States of America to abolish slavery, and to recognize the significant roles and many contributions of African Americans to the Commonwealth and the nation.

SB 5034 Release of prisoners. Introduced by: Jennifer B. Boysko
Release of prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years or age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board. The bill also establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system.

SB 5041 Concealed handgun permits; demonstration of competence; effective date. Introduced by: Richard H. Stuart
Concealed handgun permits; demonstration of competence; effective date. Amends the delayed enactment clause for Chapter 390 and the delayed enactment clause for Chapter 1130 of the Acts of Assembly of 2020 so that the provisions of such chapters will take effect on January 1, 2022, instead of January 1, 2021. The bill has an emergency clause.