Rep. Nancy D. Guy

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

Release of balloon prohibited; civil penalty. Prohibits any individual 16 years of age or older or other person, including a corporation, from intentionally releasing, discarding, or causing to be released or discarded any nonbiodegradable balloon outdoors and provides that any person convicted of such violation is liable for a civil penalty of $25 per balloon, to be paid into the Game Protection Fund. The bill provides that if a person under the age of 16 releases a balloon at the instruction of an adult, the adult shall be liable for the civil penalty. Current law prohibits a person from knowingly releasing 50 or more such balloons within an hour and sets the civil penalty at $5 per balloon, with the proceeds deposited into the Lifetime Hunting and Fishing Endowment Fund.

Workers' compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. This bill incorporates HB 2080.

Charter; City of Norfolk; general updates.Changes from a judge or justice of the peace to the city clerk theperson to whom newly elected or appointed officials, other than membersof the city council, take their oaths of office. The bill also repealsa section related to the establishment of a home guard militia intimes of war or insurrection, and it removes references to paymentof poll taxes in relation to whether a signature is valid on a petitionfor the nomination of councilmen or in connection with an initiative, referendum, or recall.

Virginia Agriculture Food Assistance Programand Fund; established. Requires the Commissioner of Agricultureand Consumer Services (the Commissioner) to establish the VirginiaAgriculture Food Assistance Program (VAFA Program) for Virginia farmersand food producers to donate, sell, or otherwise provide agricultureproducts to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disbursemoneys to such charitable food assistance organizations to reimbursefarmers or food producers for any costs associated with harvesting,processing, packaging, or transporting agriculture products donatedto such charitable food assistance organizations. The bill authorizesthe Commissioner to adopt guidelines and regulations to carry outthe VAFA Program.

Aging services; economic and social need. Provides that, in providing aging services, the Department for Aging and Rehabilitative Services shall prioritize providing services to older persons with the greatest economic or social need. The bill defines "economic need" as need resulting from an income level at or below the poverty line and "social need" as need caused by noneconomic factors, including (i) physical and mental disabilities, which may include developmental disabilities and human immunodeficiency virus; (ii) language barriers; and (iii) cultural, social, or geographic isolation, including that caused by racial or ethnic status, gender identity, gender expression, or sexual orientation that restricts an individual's ability to perform normal daily tasks or threatens such individual's capacity to live independently.

Department of Veterans Services; Military Spouse Liaison; position created. Establishes the position of Military Spouse Liaison (the Liaison) in the Department of Veterans Services to conduct outreach and advocate on behalf of military spouses in the Commonwealth. The bill directs the Liaison to report by December 1 of each year through the Commissioner of the Department of Veterans Services to the Secretary of Veterans and Defense Affairs, the Governor, and the General Assembly on the work of the Liaison and any legislative recommendations. The provisions of the bill are contingent on funding in a general appropriation act.