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.
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.
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.
Stalking by electronically transmitted communication; penalty. Provides that "electronically transmitted communication" includes communication by telephone, computer, or other electronic device for the offense of stalking, which is punishable as a Class 1 misdemeanor or, if the second offense occurs within five years of a prior conviction for stalking, is punishable as a Class 6 felony.
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.
Damage or trespass to public services or utilities or critical infrastructure; penalties. Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, cable television, broadband, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments and is identical to HB 317.
