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.
Law-enforcement civilian oversight bodies; closed meetings; disclosure of certain law-enforcement records. Provides an exemption to the Virginia Freedom of Information Act to allow closed meetings for discussion or consideration by any law-enforcement civilian oversight body established pursuant to general law or established by a local governing body before July 1, 2020, and operating in a manner consistent with such law of the criminal investigative files, audit findings, and deliberations regarding police operations related to a specific complaint before the body involving any violation or attempted violation of certain offenses. The bill allows inspection of certain law-enforcement records concerning juveniles by such civilian oversight bodies when required to perform their duties and by any independent policing auditor, manager, director, or other person appointed by the local governing body to support such civilian oversight body. Finally, the bill allows disclosure of certain information regarding crimes involving sexual assault, sexual abuse, or family abuse to such civilian oversight body and independent policing auditor, manager, director, or other person appointed by the local governing body.
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.
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.
Impersonation of law-enforcement officer while committing additional act; penalties. Provides that any person who impersonates a law-enforcement officer (i) while committing or attempting to commit aggravated murder, first or second degree murder, abduction, rape, forcible sodomy, object sexual penetration, aggravated sexual battery, or sexual battery or (ii) while circumventing, bypassing, or attempting to circumvent or bypass any security measure of any business, commercial building, residence, building owned or leased by the Commonwealth or any agency thereof, or building owned or leased by a locality or any agency thereof is guilty of a Class 6 felony. A second or subsequent offense is punishable as a Class 5 felony.
Department of Juvenile Justice; commitment of juveniles to Department; petition to extend duration of indeterminate commitment. Creates a process by which the Department of Juvenile Justice, upon determining that a juvenile currently committed to the Department should continue such commitment beyond the high end of the length of stay guidelines established by the State Board of Juvenile Justice, may petition the court that ordered a juvenile's indeterminate commitment to the Department to extend such juvenile's commitment. The bill requires the Department to file such petition at least 60 days prior to the expiration of the high end of the length of stay range, along with a report on the juvenile's progress. If the Department determines fewer than 60 days before expiration that an extension is necessary, it shall file a petition for review that includes a statement explaining the specific circumstances causing the late filing. The bill provides that the court shall schedule a hearing on the petition at which the court shall consider such progress report and may consider additional evidence as described in the bill. The bill provides that, at the conclusion of the hearing, the court shall order either that the juvenile be released or that the juvenile's period of commitment be extended for a period not to exceed six months, provided that such extension does not exceed the limitations for an indeterminate commitment provided by current law. As introduced, this bill was a recommendation of the Virginia Commission on Youth.
Carrying assault firearms in public areas prohibited in the Commonwealth; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns or any firearm modified to be operable as an assault firearm on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. A violation of this prohibition is a Class 1 misdemeanor. This bill incorporates SB 312.
Purchase, possession, or transportation of firearm; assault and battery of a family or household member or intimate partner; penalty. Adds to the definition of "family or household member," as such definition relates to juvenile and domestic relations district court, a person's intimate partner, defined in the bill as an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship. The bill also adds to the definition of "family or household member," as such definition relates to a person's purchase, possession, or transportation of a firearm following an assault and battery of a family or household member, any individual who cohabits or who, within the previous 12 months, cohabitated with the person. Finally, the bill provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2026, for the offense of assault and battery against an intimate partner or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
Sex offenses prohibiting proximity to children; state parks; penalty. Provides that every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2026, shall as a part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of a playground, athletic field or facility, or gymnasium he knows or has reason to know is located on the premises of a state park. A violation is a Class 6 felony.
Sex offenses prohibiting proximity to children; Park Authorities Act; penalty. Provides that every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2026, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any place owned or operated by an authority created pursuant to the Park Authorities Act that he knows or should know is a playground, athletic field or facility, or gymnasium.The bill also provides that any person convicted of an offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, similar to any offense set forth in current law shall be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any place owned or operated by an authority created pursuant to the Park Authorities Act that he knows or has reason to know is a playground, athletic field or facility, or gymnasium.A violation of the bill's provisions is punishable as a Class 6 felony.
