Criminal Justice

Distributing nitrous oxide prohibited; penalties. Prohibits the sale or distribution of (i) a device that is designed or intended to deliver a gas containing nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide that has, or is marketed as having, the taste or smell of any food or beverage that is distinguishable by an ordinary consumer either prior to or during consumption or use of such nitrous oxide to any person not exempted in the bill; and (iii) a container of nitrous oxide that exceeds eight grams, with exceptions defined in the bill. A violation of such prohibitions is a Class 1 misdemeanor. This bill is identical to SB 360.

Penalties for failure to appear; contempt. Provides that a court shall consider certain mitigating factors to determine whether the failure of any person to appear before any court or judicial officer as required was willful. Under current law, no mitigating factors are specified for a court or judicial officer to consider in determining whether a person willfully failed to appear. This bill is identical to SB 283.

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to HB 124.

Decreasing probation period. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations. This bill is identical to SB 136.

Offenses relating to gift cards; penalties. Adds the offenses of gift card theft, gift card forgery, gift card fraud, and criminally receiving goods and services fraudulently obtained to the existing provisions of law related to credit cards. This bill is identical to HB 662.

Clerk fees; secure remote access to nonconfidential court records by certain attorneys. Provides that no clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records when such attorney is certified by the Virginia Indigent Defense Commission in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction. The bill also provides that if, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access. As introduced, this bill was a recommendation of the Virginia Indigent Defense Commission. This bill is identical to HB 520.

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.

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.

Abolition of fees; legal representation of indigent defendant; jury trial costs; report. Eliminates the fees for the cost of court-appointed counsel or public defender representation for persons who are determined to be indigent. The bill also eliminates fees for persons who utilize a jury trial. The bill contains a reenactment clause for such elimination of fees.The bill also directs the Indigent Defense Commission, in consultation with the Executive Secretary of the Supreme Court or his designee, to convene a work group with all relevant stakeholders, including the Attorney General or his designee, the Secretary of Health and Human Resources or his designee; representatives from the Compensation Board, the Virginia Crime Commission, the Virginia Joint Legislative Audit and Review Commission, the Virginia Court Clerk's Association, the Virginia Association of Commonwealth's Attorneys, staff from the House Appropriations and the Senate Finance and Appropriations Committees, and the Virginia Probation and Parole Association; and a minimum of two criminal justice reform organizations working on fees and other financial assessments imposed in criminal prosecutions in Virginia; on several topics, including current collection practices, use of funds received as a result of such collections, and the burden of a fee assessment on indigent individuals. The bill requires the work group to submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2026, and a final report by November 1, 2027.

Parole; investigation prior to release; input from the attorney for the Commonwealth. Requires the Parole Board to notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which a prisoner is incarcerated as part of the required investigation to determine if such prisoner will be released on parole. The bill further provides that the attorney for the Commonwealth may submit his input to the Board regarding the impact the release of the prisoner will have on the jurisdiction. The bill requires that any such input received shall be considered by the Board but shall not infringe on the Board's authority to exercise its decision-making authority.