SR89 - Celebrating the life of the Honorable Thomas J. Bliley, Jr.

4 Co-Sponsors

SB256 - Motor vehicle insurance; remedies for bad faith for refusal of claims.

2 Co-Sponsors

Motor vehicle insurance claims; bad faith. Provides that if an insurance company licensed in the Commonwealth to write motor vehicle insurance (i) denies, refuses, fails to pay, or fails to make a timely and reasonable settlement offer to its insured under the provisions of any uninsured or underinsured motorist benefits coverage in a policy of motor vehicle insurance applicable to the insured after the insured has become legally entitled to recover or (ii) after all applicable liability policy limits and underlying uninsured and underinsured motorists benefits have been tendered or paid, rejects a reasonable settlement demand made by the insured within the policy's coverage limits for uninsured or underinsured motorist benefits or fails to respond within a reasonable time after being presented with such demand after the insured has become legally entitled to recover, and it is subsequently found by a court of proper jurisdiction that such denial, refusal, or failure to timely pay or failure to make a timely and reasonable settlement offer, rejection of a reasonable settlement demand, or failure to timely accept a reasonable settlement demand was not made in good faith, in addition to the amount due and owing by the insurance company to its insured on the judgment against the tortfeasor, the insurance company shall also be liable to the insured in an amount up to double the amount of the judgment obtained against the underinsured motorist, uninsured motorist, immune motorist, unknown owner or operator, or released defendant in the underlying personal injury or wrongful death action, not to exceed $500,000, together with reasonable attorney fees for bringing the claim, and all costs and expenses incurred by the insured to secure a judgment against the tortfeasor, and interest from 30 days after the date of such denial or failure or the date the reasonable settlement demand. Under the bill, the insured or the insured's representative may seek adjudication of a claim that the insurance company did not act in good faith as a posttrial motion before the court in which the underlying personal injury or wrongful death judgment was obtained or as a separate action against the company. If the insured or the insured's representative seeks adjudication as a separate action and the underlying judgment is appealed, any action filed under this subsection shall be stayed by the court pending final resolution of the appeal of the underlying judgment. Motor vehicle insurance claims; bad faith. Provides that if an insurance company licensed in the Commonwealth to write motor vehicle insurance (i) denies, refuses, fails to pay, or fails to make a timely and reasonable settlement offer to its insured under the provisions of any uninsured or underinsured motorist benefits coverage in a policy of motor vehicle insurance applicable to the insured after the insured has become legally entitled to recover or (ii) after all applicable liability policy limits and underlying uninsured and underinsured motorists benefits have been tendered or paid, rejects a reasonable settlement demand made by the insured within the policy's coverage limits for uninsured or underinsured motorist benefits or fails to respond within a reasonable time after being presented with such demand after the insured has become legally entitled to recover, and it is subsequently found by a court of proper jurisdiction that such denial, refusal, or failure to timely pay or failure to make a timely and reasonable settlement offer, rejection of a reasonable settlement demand, or failure to timely accept a reasonable settlement demand was not made in good faith, in addition to the amount due and owing by the insurance company to its insured on the judgment against the tortfeasor, the insurance company shall also be liable to the insured in an amount up to double the amount of the judgment obtained against the underinsured motorist, uninsured motorist, immune motorist, unknown owner or operator, or released defendant in the underlying personal injury or wrongful death action, not to exceed $500,000, together with reasonable attorney fees for bringing the claim, and all costs and expenses incurred by the insured to secure a judgment against the tortfeasor, and interest from 30 days after the date of such denial or failure or the date the reasonable settlement demand. Under the bill, the insured or the insured's representative may seek adjudication of a claim that the insurance company did not act in good faith as a posttrial motion before the court in which the underlying personal injury or wrongful death judgment was obtained or as a separate action against the company. If the insured or the insured's representative seeks adjudication as a separate action and the underlying judgment is appealed, any action filed under this subsection shall be stayed by the court pending final resolution of the appeal of the underlying judgment.

SB261 - Towed vehicles; stolen or misused vehicle, police report.

2 Co-Sponsors

Towed vehicles; stolen or misused vehicle; police report. Requires the owner of a vehicle that was stolen, illegally used, or used without his permission and subsequently subject to a law-enforcement initiated tow to provide the report number and the name of the law-enforcement agency receiving the report that the motor vehicle was stolen, illegally used, or used without his permission to the towing facility where the vehicle is being stored in order to remove the vehicle without paying towing and storage fees. Towed vehicles; stolen or misused vehicle; police report. Requires the owner of a vehicle that was stolen, illegally used, or used without his permission and subsequently subject to a law-enforcement initiated tow to provide the report number and the name of the law-enforcement agency receiving the report that the motor vehicle was stolen, illegally used, or used without his permission to the towing facility where the vehicle is being stored in order to remove the vehicle without paying towing and storage fees.

SB88 - Law-enforcement and jail officers; various changes to provisions related to decertification.

1 Co-Sponsor

Decertification of law-enforcement officers and jail officers. Makes various changes to the provisions related to decertification of law-enforcement officers and jail officers. The bill provides that the Department of Criminal Justice Services may conduct decertification review hearings in accordance with the provisions of the Administrative Process Act. The bill provides that the findings and decision of the Department may be appealed to the Board and that the final administrative decision of the Board may be then appealed and reviewed by a court. The bill also provides that records provided to the Board or Department for the purposes of decertification of an identifiable law-enforcement officer or jail officer may be withheld from the public in accordance with the Virginia Freedom of Information Act and those meetings concerning the decertification of an identifiable law-enforcement or jail officer may be closed. The bill also allows the Department to grant a continuance of any informal fact-finding conference or formal hearing upon motion by the decertified officer or his counsel or the Attorney General for good cause shown. The bill requires an officer to remain decertified during a period of continuance of any informal fact-finding conference or formal hearing for a pending criminal charge unless the Department finds the officer's continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer's certification may be reinstated during the period of continuance until the conviction becomes final. Current law allows the Board, when an officer's conviction has not become final, to decline to decertify such officer after considering the likelihood of irreparable damage to the officer if such officer is decertified during the pendency of an ultimately successful appeal, the likelihood of injury or damage to the public if the officer is not decertified, and the seriousness of the offense. Additionally, the bill allows for the decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or that constitutes exculpatory or impeachment evidence in a criminal case. The bill also provides that persons who are currently in a recruit or field training status and have committed an act that would be any basis for decertification are ineligible for certification. The bill also specifies that the required notification to the Department related to an officer being terminated or resigning (i) for engaging in serious misconduct; (ii) while such officer is the subject of a pending internal investigation involving serious misconduct; or (iii) for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or constitutes exculpatory or impeachment evidence in a criminal case shall be within 48 hours of completion of an internal investigation. Under current law, such notification is required to be within 48 hours of the termination or resignation. The bill also requires the Department to establish standards and procedures for when the Department may grant a petition for reinstatement of certification of a decertified officer. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill. Decertification of law-enforcement officers and jail officers. Makes various changes to the provisions related to decertification of law-enforcement officers and jail officers. The bill provides that the Department of Criminal Justice Services may conduct decertification review hearings in accordance with the provisions of the Administrative Process Act. The bill provides that the findings and decision of the Department may be appealed to the Board and that the final administrative decision of the Board may be then appealed and reviewed by a court. The bill also provides that records provided to the Board or Department for the purposes of decertification of an identifiable law-enforcement officer or jail officer may be withheld from the public in accordance with the Virginia Freedom of Information Act and those meetings concerning the decertification of an identifiable law-enforcement or jail officer may be closed. The bill also allows the Department to grant a continuance of any informal fact-finding conference or formal hearing upon motion by the decertified officer or his counsel or the Attorney General for good cause shown. The bill requires an officer to remain decertified during a period of continuance of any informal fact-finding conference or formal hearing for a pending criminal charge unless the Department finds the officer's continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer's certification may be reinstated during the period of continuance until the conviction becomes final. Current law allows the Board, when an officer's conviction has not become final, to decline to decertify such officer after considering the likelihood of irreparable damage to the officer if such officer is decertified during the pendency of an ultimately successful appeal, the likelihood of injury or damage to the public if the officer is not decertified, and the seriousness of the offense. Additionally, the bill allows for the decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or that constitutes exculpatory or impeachment evidence in a criminal case. The bill also provides that persons who are currently in a recruit or field training status and have committed an act that would be any basis for decertification are ineligible for certification. The bill also specifies that the required notification to the Department related to an officer being terminated or resigning (i) for engaging in serious misconduct; (ii) while such officer is the subject of a pending internal investigation involving serious misconduct; or (iii) for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or constitutes exculpatory or impeachment evidence in a criminal case shall be within 48 hours of completion of an internal investigation. Under current law, such notification is required to be within 48 hours of the termination or resignation. The bill also requires the Department to establish standards and procedures for when the Department may grant a petition for reinstatement of certification of a decertified officer. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.

SB28 - School boards; powers and duties, policies regarding cell phones and other handheld devices.

3 Co-Sponsors

School boards; powers and duties; policies regarding cell phones and other handheld communication devices. Permits each school board to develop and implement a policy to prohibit the possession or use of cell phones and other handheld communication devices during regular school hours.

SB490 - Maternal Mortality Review Team; expansion plan, report.

2 Co-Sponsors

Chief Medical Examiner; Maternal Mortality Review Team; work group; expansion plan; report. Directs the Office of the Chief Medical Examiner and the Maternal Mortality Review Team to convene a work group to expand the work of the Maternal Mortality Review Team. The bill directs the work group to develop criteria and procedures related to the collection of maternal morbidity data. The bill specifies that the Maternal Mortality Review Team's expansion plan shall include certain plans for data collection, data review, and development and implementation of policies and recommendations. The work group is required to report its findings and provide its plan to the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2025.

SB289 - Stormwater management regulations; enterprise data center operations.

1 Co-Sponsor

Stormwater management regulations; enterprise data center operations. Directs the State Water Control Board to adopt regulations that require certain stormwater management techniques for land disturbances related to the construction, expansion, or operation of an enterprise data center operation, as defined in the bill, that is located within one mile of any land owned or operated as a unit of the National Park Service or designated as a Virginia State Park or state forest.

SJR105 - Commending Jan Wynn House.

1 Co-Sponsor

SB357 - Assault or assault and battery; affirmative defense, penalty.

1 Co-Sponsor

Assault and battery; affirmative defense; penalty. Provides an affirmative defense to prosecution of an individual for assault or assault and battery of certain specified individuals for which the enhanced Class 6 felony and six month mandatory minimum apply if such individual proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the individual's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual disability, such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (ii) the individual met the criteria for issuance of an emergency custody order. Assault and battery; affirmative defense; penalty. Provides an affirmative defense to prosecution of an individual for assault or assault and battery of certain specified individuals for which the enhanced Class 6 felony and six month mandatory minimum apply if such individual proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the individual's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual disability, such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (ii) the individual met the criteria for issuance of an emergency custody order. The bill provides that if such individual does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find the accused guilty of a misdemeanor assault or assault and battery. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication.

SB587 - Civil actions; filed on behalf of multiple persons.

1 Co-Sponsor

Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. Under current law, such order is permitted only where six or more plaintiffs have filed such actions. The bill further requires the Supreme Court of Virginia to promulgate rules no later than November 1, 2024, governing such actions. The bill has a delayed effective date of July 1, 2025, except that the provisions of the bill requiring the Supreme Court to promulgate rules are effective in due course.

SB429 - Casino gaming; eligible host cities.

1 Co-Sponsor

Casino gaming; eligible host cities. Reduces from five to four the number of cities eligible to host a casino in the Commonwealth by removing Richmond from the list of eligible host cities.

SB495 - RPS eligible sources; falling water generation facilities.

1 Co-Sponsor

RPS eligible sources; falling water generation facilities. Provides that, notwithstanding contrary provisions of law, any falling water generation facility, as defined in the bill, located in the Commonwealth and commencing commercial operations prior to July 1, 2024, shall be considered a renewable energy portfolio standard eligible source.

SB512 - Income tax, state; adaptive repurposing of underutilized structures.

2 Co-Sponsors

Income tax credit; adaptive repurposing of underutilized structures. Creates a nonrefundable income tax credit in taxable years 2024 through 2028 for eligible expenses, defined in the bill, incurred in converting office buildings to residential uses. The credit may be claimed only in the year during which a qualified converted building, defined in the bill, is placed into service and is equal to (i) 20 percent or (ii) 30 percent in an at-risk locality, defined in the bill, of the amount of eligible expenses incurred. No single taxpayer may claim more than $2.5 million in credits in any single taxable year and the credit is subject to an aggregate annual cap of $30 million.

SB447 - Firearm in unattended motor vehicle; civil penalty.

3 Co-Sponsors

Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, when such handgun is visible to any person who is outside such motor vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping.

SB592 - Preferred Drug List/Common Core Formulary; approval of a nonpreferred drug.

1 Co-Sponsor

Department of Medical Assistance Services; Preferred Drug List/Common Core Formulary; approval of a nonpreferred drug. Directs the Department of Medical Assistance Services to eliminate the requirement that a patient try and fail a drug from the Preferred Drug List/Common Core Formulary in the six months immediately prior to approval of a nonpreferred drug when such patient has previously tried the drug from the Preferred Drug List/Common Core Formulary and experienced harmful side effects.