Rep. Jerrauld C. "Jay" Jones

Facial recognition technology; authorizationof use by local law-enforcement agencies and public institutionsof higher education. Allows a locality or a public institutionof higher education to authorize a local law-enforcement agency orcampus police department to purchase or deploy facial recognitiontechnology, which is defined in the bill. The bill prohibits a locallaw-enforcement agency or public institution of higher education currentlyusing facial recognition technology from continuing to use suchtechnology without such authorization after July 1, 2021.

Workers' compensation; presumption of compensabilityfor COVID-19. Establishes a presumption that COVID-19 causingthe death or disability of firefighters, emergency medical servicespersonnel, law-enforcement officers, and correctional officers isan occupational disease compensable under the Workers' CompensationAct. The bill provides that the COVID-19 virus is established bya positive diagnostic test for COVID-19, an incubation period consistentwith COVID-19, and signs and symptoms of COVID-19 that require medicaltreatment. The bill provides that such presumption applies to anydeath or disability occurring on or after March 12, 2020, causedby infection from the COVID-19 virus, provided that for any suchdeath or disability that occurred on or after March 12, 2020, andprior to December 31, 2021, the claimant received a diagnosis ofCOVID-19 from a licensed physician, after either a presumptive positivetest or a laboratory confirmed test for COVID-19, and presented withsigns and symptoms of COVID-19 that required medical treatment.

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.

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters.

Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779.

Board for Contractors; exemption from certificationas an elevator mechanic or accessibility mechanic. Provides thatan individual is not required to be certified as an elevator mechanicor accessibility mechanic when working under the direct and immediatesupervision of an elevator mechanic or certified accessibility mechanicwho is certified in the specialty for which work is being performed.

Department of General Services; removal of HarryF. Byrd, Sr., statue. Directs the Department of General Servicesto remove the statue of former Virginia Governor and U.S. SenatorHarry F. Byrd, Sr., from Capitol Square. The bill directs the Departmentto store the statue until such time as the General Assembly determinesits final disposition.

Juveniles; release and review hearing for seriousoffender; plea agreement. Clarifies that the Department of JuvenileJustice (the Department) may petition the court that committed ajuvenile for a hearing for an earlier release of a juvenile whengood cause exists for an earlier release as permitted under currentlaw and shall petition the committing court for a determination asto the continued commitment of each juvenile committed as a seriousoffender at least 60 days prior to the second anniversary of thejuvenile's date of commitment and at least 60 days prior to each annualanniversary thereafter as required under current law, notwithstandingthe terms of any plea agreement. Similarly, at the conclusion ofsuch hearing, the bill provides that notwithstanding the terms ofany plea agreement, the court shall order any of the dispositionspermitted under current law such as continued commitment to the Departmentor release of the juvenile under terms and conditions after consideringthe statutory factors.

Solar and energy storage projects; siting agreements throughout the Commonwealth. Expands existing provisions relatedto siting agreements for solar projects located in an opportunityzone to include energy storage projects and makes the provisionsstatewide. The bill provides that its provisions shall not applyto any energy storage project that has received zoning and site planapproval, preliminary or otherwise, from the host locality beforeJanuary 1, 2021. The bill also provides that its provisions shallnot become effective with respect to energy storage projects unlessthe General Assembly approves legislation that authorizes localitiesto adopt an ordinance for taxation of energy storage projects suchas solar projects with a local option for machinery and tools taxor solar revenue share. The bill further provides that a locality may grant a special exception for an energy storage project.