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2016 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Eric Bingham
Staff: Sarah Stanton, David May
Date of Meeting: January 21, 2016
Time and Place: 6:00 pm, Senate Room B
*Updated to add SB 363

S.B. 4 Weekend jail time; replaces the provision limiting nonconsecutive days.

Patron: Stanley

Weekend jail time. Replaces the provision limiting nonconsecutive days in jail for the purpose of allowing the defendant to retain gainful employment with a good cause standard and allows the court to sentence the defendant to nonconsecutive days in jail only if the active portion of the sentence remaining to be served is 120 days or less. The bill allows the court to sentence felons to nonconsecutive days in jail if the felony was not an act of violence as defined in § 19.2-297.1.

A BILL to amend and reenact § 53.1-131.1 of the Code of Virginia, relating to nonconsecutive jail days.

16100386D

S.B. 39 Alcoholic beverages; unlawful transport by persons who are under age 21, penalty.

Patron: Carrico

Unlawful transport of alcoholic beverages; penalty. Makes the transporting of alcoholic beverages by a person to whom an alcoholic beverage may not lawfully be sold (persons who are under age 21, interdicted, or intoxicated) a Class 1 misdemeanor. Under current law the purchase, possession, or consumption of alcohol by such persons is a Class 1 misdemeanor.

A BILL to amend and reenact §§ 4.1-305, 16.1-278.9, and 18.2-251.03 of the Code of Virginia, relating to unlawful transport of alcoholic beverages; penalty.

16100620D

S.B. 93 Correctional Officer Procedural Guarantee Act; created.

Patron: Marsden

Correctional Officer Procedural Guarantee Act. Creates the Correctional Officer Procedural Guarantee Act to establish procedural guarantees for correctional officers when allegations are made against such officers involving matters that may lead to their dismissal, demotion, suspension, or transfer for punitive reasons.

A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 5.1, consisting of sections numbered 9.1-508 through 9.1-511, relating to creation of the Correctional Officer Procedural Guarantee Act.

16102262D

S.B. 124 Parole; transition assistance prior to parole or release.

Patron: Stanley

Parole; transition assistance prior to parole or release. Requires the Department of Corrections to offer prisoners prior to release the opportunity to participate in a transition program to include advice for job training opportunities, recommendations for living a law-abiding life, and financial literacy information.

A BILL to amend and reenact § 53.1-155 of the Code of Virginia, relating to transition assistance prior to parole or release.

16102252D

S.B. 126 Alcoholic beverage control; mixed beverage licenses for certain properties.

Patron: Stanley

Alcoholic beverage control; mixed beverage licenses for certain properties. Provides that the Alcoholic Beverage Control Board may grant mixed beverage licenses to establishments located on property fronting Kanawha Ridge Road, located within approximately 700 feet of Route 638, and operated as a resort in Carroll County as of December 31, 2007 (Kanawha Valley Arena Resort).

A BILL to amend and reenact § 4.1-126 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage licenses for certain properties.

16100393D

S.B. 154 Alcoholic beverage control; mixed beverage licenses; performing arts facilities.

Patron: Reeves

Alcoholic beverage control; mixed beverage licenses; performing arts facilities. Creates an annual mixed beverage performing arts facility license for persons operating food concessions at any performing arts facility located in the City of Norfolk or the City of Richmond, provided the performing arts facility: (i) is occupied under a bona fide long-term lease or concession agreement, the original term of which was more than five years; (ii) has a capacity in excess of 1,400 patrons; and (iii) has been rehabilitated in accordance with historic preservation standards. Such license shall authorize the sale, on the dates of performances or events, of alcoholic beverages for on-premises consumption in areas upon the licensed premises approved by the Alcoholic Beverage Control Board.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage licenses; performing arts facilities.

16103125D

S.B. 215 Juvenile detention homes and correctional facilities; room segregation

Patron: Favola

Juvenile detention homes and correctional facilities; room segregation. Places a four-hour limit on the amount of time that a resident of a juvenile detention home or juvenile correctional facility can be involuntarily left alone in a room (room segregation) unless he poses an actual, immediate danger to himself or others. The bill requires that other, less-restrictive options be considered before room segregation is implemented and that room segregation be used only for specified reasons and for the minimum amount of time necessary to address the situation.

A BILL to amend the Code of Virginia by adding in Article 13.1 of Chapter 11 of Title 16.1 a section numbered 16.1-322.5 and by adding a section numbered 66-13.2, relating to juvenile facilities; room segregation.

16101860D

S.B. 216 Parole; limitation on the application of parole statutes.

Patron: Marsden

Parole; limitation on the application of parole statutes. Provides that a person is entitled to parole who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed prior to the time that the abolition of parole went into effect (January 1, 1995).

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to limitation on the application of parole statutes.

16103117D

S.B. 312 Death penalty executions; imposes moratorium.

Patron: Dance

Death penalty executions; moratorium. Imposes a moratorium on executions. The bill does not affect any other matter of law related to the death penalty, including bringing and trying capital charges, sentencing proceedings, imposition of the death penalty, appeals of the death penalty, and habeas review. The moratorium will remain in effect until adjournment of the first regular session of the General Assembly after a joint subcommittee established pursuant to a joint resolution passed by the 2016 General Assembly conducts a study of the death penalty in the Commonwealth and issues a report of its conclusions.

A BILL to establish a moratorium on prisoner executions.

16102930D

S.B. 322 Telephone systems within correctional facilities; rates and commissions or fees.

Patron: Ebbin

Telephone systems within correctional facilities. Requires telephone systems in correctional facilities to charge the lowest available rates and not impose any additional commissions or fees.

A BILL to amend and reenact § 53.1-1.1 of the Code of Virginia, relating to telephone systems within correctional facilities.

16100805D

S.B. 350 Prisoners; treatment to those unable to give consent for medical or mental health treatment.

Patron: Deeds

Prisoners unable to give consent for medical or mental health treatment. Adds licensed professional counselors and licensed clinical social workers to the list of providers who are required by court order to inform the court and the prisoner's attorney of any change in the prisoner's condition resulting in restoration of the prisoner's capability to consent to treatment.

A BILL to amend and reenact § 53.1-40.1 of the Code of Virginia, relating to medical and mental health treatment of prisoners incapable of giving consent.

16100641D

S.B. 363 Persons with disabilities; rights in public places, fraudulent representation of service dog.

Patron: Reeves

Rights of persons with disabilities in public places and places of public accommodation; fraudulent representation of a service dog; penalty. Provides that any person who knowingly, willfully, and fraudulently fits a dog with a harness, collar, vest, sign, or identification card commonly used by a person with a disability in order to represent that the dog is a service dog to fraudulently gain public access for such dog in a public place is guilty of a Class 4 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 51.5-44.1, relating to the rights of persons with disabilities in public places and places of public accommodation; fraudulent representation of a service dog; penalty.

16103578D

S.B. 373 Alcoholic beverage control; food sale requirements for businesses.

Patron: Ebbin

Alcoholic beverage control; food sale requirements. Provides that a business may be considered a restaurant for purposes of mixed beverage licenses if it regularly sells foods, rather than meals, prepared on the premises. The bill also provides that in calculating the gross receipts from the sale of food for purposes of the food-to-beverage ratio, mixed beverage restaurant licensees, mixed beverage caterer's licensees, mixed beverage limited caterer's licensees, and limited mixed beverage restaurant licensees shall include the gross receipts from the sale of nonalcoholic beverages.

A BILL to amend and reenact § 4.1-100, as it is currently effective and as it shall become effective, and § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food sale requirements.

16102816D

S.B. 410 Alcoholic beverage control; consumption of samples by brewery tour guides.

Patron: Barker

Alcoholic beverage control; consumption of samples by brewery tour guides. Requires the Alcoholic Beverage Control Board to adopt regulations that prescribe the terms and conditions under which tour guides employed by certain licensed breweries may consume up to three four-ounce samples of beer while conducting tours of the premises for the purpose of featuring and educating the public about the beer being tasted.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; consumption of samples by brewery tour guides.

16102460D

S.B. 419 Operation of a child welfare agency without a license; negligence resulting in death or injury.

Patron: Vogel

Operation of a child welfare agency without a license; negligence resulting in death of or injury to a child; penalty. Provides that in any case in which a person operates or engages in the conduct of a child welfare agency without first obtaining a license, and a child under the care or supervision of such child welfare agency suffers death or serious bodily injury as a result of the child care provider's negligent operation of such child welfare agency, such person is guilty of a Class 4 felony.

A BILL to amend and reenact § 63.2-1712 of the Code of Virginia, relating to operation of a child welfare agency without a license; penalty for negligence resulting in death of or injury to a child.

16101836D

S.B. 488 Alcoholic beverage control; food-beverage ratio.

Patron: DeSteph

Alcoholic beverage control; food-beverage ratio. Modifies the food-beverage ratio for mixed beverage restaurant licensees to require that such licensees sell a minimum of 25 cents of food and nonalcoholic beverages for every dollar of mixed beverages sold. The bill provides that gross receipts shall be calculated on the basis of the price that the licensee paid for the food, nonalcoholic beverages, or mixed beverages sold, rather than the price at which the licensee sells such items to patrons. Under current law, a licensee's gross receipts, which are calculated on the basis of the price at which the licensee sells items to patrons, from the sale of food and nonalcoholic beverages must amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food. The bill also requires mixed beverage restaurant licensees to serve food during any period of time mixed beverages are served and allows the Alcoholic Beverage Control Board to summarily suspend a license for a maximum of 24 hours for failure to comply with this provision.

A BILL to amend and reenact § 4.2-210 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-225.1, relating to alcoholic beverage control; food-beverage ratio.

16101477D

S.B. 489 Alcoholic beverage control; food-beverage ratio.

Patron: DeSteph

Alcoholic beverage control; food-beverage ratio. Provides that a mixed beverage restaurant licensee meets the required food-beverage ratio if its gross receipts from the sale of food and nonalcoholic beverages amount to at least (i) $5,000 per month or (ii) 25 percent of the gross receipts from the sale of mixed beverages and food. The bill also provides that mixed beverage caterer and limited mixed beverage caterer licensees meet the required food-beverage ratio if their gross receipts from the sale of food and nonalcoholic beverages amount to at least 25 percent of their gross receipts from the sale of mixed beverages and food. Under current law, mixed beverage restaurant, mixed beverage caterer, and limited mixed beverage caterer licensees' gross receipts from the sale of food and nonalcoholic beverages must amount to at least 45 percent of their gross receipts from the sale of mixed beverages and food. The bill also requires such licensees to serve food during any period of time mixed beverages are served and allows the Alcoholic Beverage Control Board to summarily suspend a license for a maximum of 24 hours for failure to comply with this provision.

A BILL to amend and reenact §§ 4.1-100, as it is currently effective and as it shall become effective, 4.1-114, and 4.1-210 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-225.1, relating to alcoholic beverage control; food-beverage ratio.

16101509D

S.B. 536 Alcoholic beverage control; distiller's license, increases quantity may be served at tastings.

Patron: Deeds

Alcoholic beverage control; distiller's license; tastings. Increases from one and one-half ounces to four and one-half ounces the total quantity of spirits a distiller licensee may serve to each consumer at a tasting event. The bill allows samples to be offered in flights of three different spirits products, but limits each sample to one-half ounce per spirits product, unless served as a mixed beverage, in which case the sample may contain up to one and one-half ounces of spirits. The bill also allows distiller licensees to operate one remote tasting room, designated in the license, at which tastings may be conducted and spirits sold in closed containers for off-premises consumption.

A BILL to amend and reenact §§ 4.1-119, as it is currently effective and as it shall become effective, 4.1-201.1, and 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; distiller's license; tastings.

16103015D

S.B. 569 Alcoholic beverage control; distribution of liter tax on cider produced by farm wineries.

Patron: Ruff

Alcoholic beverage control; distribution of liter tax on cider produced by farm wineries. Clarifies that the liter tax collected on cider produced by farm winery licensees is to be deposited in the Virginia Wine Promotion Fund.

A BILL to amend and reenact § 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; distribution of liter tax on cider produced by farm wineries.

16102107D

S.B. 578 Alcoholic beverage control; limited brewery licenses.

Patron: Barker

Alcoholic beverage control; limited brewery licenses. Provides that for a limited brewery license, "land zoned agricultural" means land zoned as an agricultural district or classification, but does not include any other zoning classification or designation that permits agricultural uses. Under current law, such license may be granted only if the land is zoned agricultural.

A BILL to amend and reenact § 4.1-208 of the Code of Virginia, relating to alcoholic beverage control; limited brewery licenses.

16103917D

S.B. 579 Alcoholic beverage control; limited distiller's licenses, land zoned agricultural.

Patron: Barker

Alcoholic beverage control; limited distiller's licenses. Provides that for a limited distiller's license, "land zoned agricultural" means land zoned as an agricultural district or classification, but does not include any other zoning classification or designation that permits agricultural uses. Under current law, such license may be granted only if the land is zoned agricultural.

A BILL to amend and reenact § 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; limited distiller's licenses.

16103933D