Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay. Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has willfully refused to pay. The bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.
Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to HB 246.
Impersonating law-enforcement officer; penalties. Creates a Class 5 felony for impersonating a law-enforcement officer while wearing a facial covering, as that term is defined in the bill, and a Class 4 felony for a second or subsequent violation.
Obstructing reproductive health care facility; penalties. Creates a Class 1 misdemeanor for any person who (i) by force or threat of force, or by physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, another person because such other person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services, defined in the bill, or (ii) intentionally damages or destroys, or attempts to damage or destroy, a reproductive health care facility, defined in the bill, because such facility provides reproductive health services. The bill also provides that the provisions of the bill shall not be construed to place any restriction on the content of any message that anyone may wish to communicate to anyone else, either inside or outside the regulated areas.
Department of Criminal Justice Services; powers and duties; local and regional jails; repeal of model addiction recovery program. Removes the requirement that the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. This bill is a recommendation of the Joint Commission on Health Care. This bill is identical to HB 454.
Marijuana and hemp products; enforcement. Amends various provisions of law to increase enforcement and penalties related to the illegal sale of marijuana or marijuana products by persons licensed by the Virginia Department of Agriculture and Consumer Services, the Virginia Alcoholic Beverage Control Authority, and the Virginia Cannabis Control Authority (CCA). The bill also requires the Board of Directors of the CCA to create and require a decal for retail marijuana store licensees to prominently display on the premises of such store that allows consumers to electronically verify the validity of such store's license from the Board. The bill requires such decal to be displayed by licensees, with a civil penalty of $10,000 for each day that such decal is not displayed in the establishment. The bill also creates a $10,000 civil penalty for creating or falsifying such decal. The bill allows the Board to issue a notice of violation and order to cease unlicensed activity to any person who is engaged in the cultivation, processing, distribution, or selling of marijuana or marijuana products in violation of current law, and if the Board issues such notice and order, it may also order the seizure of such marijuana or marijuana products. Any person who intentionally removes such notice and order or sticker without authorization of the Board is subject to a civil penalty prescribed by the Board, not to exceed $5,000. The bill also specifies that the Chief Executive Officer of the Board or investigators appointed by him shall be sworn to enforce the provisions of the Cannabis Control Act and Board regulations and have the authority to investigate violations of the statutes and regulations the CCA is required to enforce. The bill also revises certain provisions related the assessment of civil penalties against manufacturers and sellers of certain industrial hemp extracts and foods containing industrial hemp extracts and makes it a prohibited practice under the Virginia Consumer Protection Act to sell or offer for sale a substance intended for human consumption, orally or by inhalation, that (i) contains more than 0.3 percent total tetrahydrocannabinol or (ii) contains more than two milligrams of total tetrahydrocannabinol per package. Additionally, the bill requires the Secretary of Public Safety and Homeland Security and the Secretary of Health and Human Resources to convene a work group to analyze the current efforts in the Commonwealth to combat the sale of illicit cannabis products and submit a report of its findings and recommendations to the Chairs of the House Committees on Appropriations, on General Laws, and for Courts of Justice and the Senate Committees on Finance and Appropriations, on General Laws and Technology, on Rehabilitation and Social Services, and for Courts of Justice by October 1, 2026.
Law-enforcement officers; duty to render aid upon danger to life or limb; civil immunity. Provides that a law-enforcement officer, while engaged in the performance of his duties, has a duty to render aid to any person that he observes suffering from a serious bodily injury or life-threatening condition, as circumstances objectively permit and provided that such aid may be rendered without endangering the law-enforcement officer, the person, or others. The bill also immunizes a law-enforcement officer from civil liability for any personal injury or wrongful death resulting from such rendering or withholding of such aid absent gross negligence or willful misconduct. The bill directs the Department of Criminal Justice Services to adopt regulations to provide law-enforcement officers with basic medical training, including emergency first aid training.
Department of Criminal Justice Services; powers and duties; local and regional jails; repeal of model addiction recovery program. Removes the requirement that the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. This bill is a recommendation of the Joint Commission on Health Care and identical to SB 690.
Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to SB 335.
Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.
