Newsletter: General Assembly 2020 Special Session
The Labor Day weekend is upon us. Normally, we would be most focused during this holiday on enjoying the last days of a summer vacation and preparing to send kids back to school. But, of course, these are not normal times.
I hope that everyone can find a moment, while not thinking about all of the other concerns of the day, to appreciate the people who are laboring throughout this crisis to keep us safe and healthy. Workers in health care, public safety and law enforcement, food service, delivery, and education, to name some professions, have performed tirelessly throughout the pandemic. We could not survive without their efforts.
I will continue to keep you informed with relevant, accurate information via Twitter, Facebook, and my website. Please email my office at delrwillett@house.virginia.gov or call us at 804-698-1173 if you have any questions or need assistance.
Sincerely,
Rodney
New Information
General Assembly Special Session
This week the General Assembly continued our special session on COVID-19 relief and criminal justice reforms.
The House has completed final passage of the elections budget bill that will protect all Virginians' right to vote this November through the authorization of ballot drop boxes and prepaid return postage on all absentee ballots. This funding will ensure all Virginians are able to vote safely and securely while preventing long lines on election day that could lead to increased transmission of the COVID-19 virus.
I am pleased to report that the House passed my bill HB5059, which provides immunity from civil liability for hospice, home care organizations, private providers, assisted living facilities, and adult day care centers during the COVID-19 pandemic. The bill is specifically tailored to provide immunity for these organizations when a lack of care for a patient is caused by a lack of resources attributable to the COVID-19 pandemic, preventing the organization from providing the required level of care. The immunity only applies from March 12, 2020 through the remainder declared state of emergency related to the COVID-19 pandemic.
Across the country, health care providers have struggled to access affordable PPE and medical supplies. This bill will allow these essential providers to continue to care for our vulnerable populations throughout the COVID-19 pandemic. The bill contained an emergency clause, requiring four-fifths of the House to vote in favor of its passage. It passed with bipartisan support (84-Y 13-N) and will head to the Senate next week.
Here are a few other bills that passed the House of Delegates this week:
COVID-19 Relief
HB5047 (Co-Patron)— Virginia Post-Disaster Anti-Price Gouging Act. Prohibits any manufacturer or distributor from selling necessary goods or services at an unconscionable price during a declared state of emergency.
HB5050 (Co-Patron) — Allows the Governor to create a centralized program to procure and distribute PPE, helping entities from Medicaid providers to Virginia small businesses obtain critical equipment and supplies.
HB5093 (Co-Patron) — Grants flexibility in enforcing executive orders through a civil penalty. Under current law, the only penalty for such a violation is a Class 1 misdemeanor. The proceeds of any such civil penalty that is imposed will be paid into the state treasury to the credit of the Literary Fund.
HB5106 — Protects the credit of tenants negatively impacted by COVID-19.
HB5068 (Co-Patron) — Prevents creditors from forcefully garnishing or seizing federal and state emergency aid payments given to Virginians.
HB5028 (Co-Patron) — Protects teachers, firefighters, law enforcement officers, health care providers, and first responders who have suffered a death or disability due to COVID-19 under Workers Compensation.
Criminal Justice Reforms
HB5108 (Chief Co-Patron) — Changes the membership of the Department of Criminal Justice Services (DJCS) Criminal Justice Services Board and its Committee on Training to include representatives of civil rights organizations, representatives of community interests of minorities, and a representative of a mental health service provider. DJCS is the agency that works on planning and carrying out programs and initiatives to improve our criminal justice system. This legislation will ensure that civil right organizations, community interests of people of color, and mental health professionals have a voice in our criminal justice system.
HB5055 (Co-Patron) — Requires localities, on or before July 1, 2021, to establish law-enforcement civilian review panels to enhance the accountability and transparency of local law-enforcement agencies using guidelines developed by the Department of Criminal Justice Services.
HB5099 (Co-Patron) — Bans the use of no-knock search warrants. Requires a law-enforcement officer to provide notice of his identity, authority, and purpose prior to entering the place to be searched. Prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched.
HB5069 (Co-Patron) — Makes it a Class 6 felony for a law-enforcement officer to use a neck restraint in the performance of their official duties.
HB5058 (Co-Patron) — Changes from a primary offense to a secondary offense the possession of marijuana and the traffic infractions of operating a motor vehicle. This bill will help prevent racially-motivated pretextual traffic stops, Virginia’s equivalent “stop and frisk” policy.
HB5062 — Allows prosecutors, with the defendant’s consent, to drop charges that they think are unjust.
HB5051 (Co-Patron) — Requires any sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been terminated for engaging in misconduct, as set forth in the bill. The bill requires the Board to initiate decertification proceedings against any current or former law-enforcement or jail officer who has engaged in such activities.
HB5104 (Co-Patron) — Re quires law enforcement agencies to disclose any history of officer misconduct with one another before a prospective employee may be hired by another law enforcement agency.
HB5098 (Co-Patron) — Makes it a hate crime for someone to intentionally make a false 911 call on the basis of race, religion, gender, disability, gender identity, sexual orientation, color, or national origin.
HB5112 (Co-Patron) — Requires any law-enforcement officer who witnesses another person suffering from a serious bodily injury or a life-threatening condition to render aid and makes it a duty to report acts of wrongdoing committed by another law-enforcement officer.
HB5029 (Co-Patron) — Requires that any law-enforcement officer who witnesses another law-enforcement officer engaging or attempting to engage in the unlawful use of force against another person shall intervene, when such intervention is objectively reasonable and possible, to end the unlawful use or attempted unlawful use of force, or to prevent the further unlawful use of force.
HB5109 (Co-Patron) — Requires the Department of Criminal Justice Services to develop a uniform curriculum and lesson plans for compulsory minimum training standards. The bill requires the standards to include recognition of implicit biases in regard to mental illness, substance use disorder, developmental disability, as well as training on cultural diversity, systemic and individual racism, and de-escalation techniques.
HB5045 (Co Patron) — Adds law-enforcement officers to those persons who are guilty of a Class 6 felony if they are in a position of authority over and carnally know without force, threat, or intimidation any inmate, parolee, probationer, arrestee, detainee, or pretrial defendant or post trial offender, including those in the custody of a private, local, or state law-enforcement agency.
Eviction Assistance
On Monday, Governor Northam announced $4 million in funding for the Legal Services Corporation of Virginia, which will support 20 Legal Aid attorneys in providing services to Virginia tenants facing eviction. This investment is made possible by a $2 million donation from the IKEA U.S. Community Foundation, which the Governor will match with a $2 million investment from Virginia’s COVID-19 Relief Fund. You can read more information on the Governor’s announcement online here.
This Wednesday, the White House and Center for Disease Control issued executive orders to temporarily halt evictions in order to mitigate the spread of the COVID-19 virus. Under the CDC Order, renters who meet certain conditions cannot be evicted if they are likely to become homeless due to eviction and if they have exhausted all avenues of rental assistance. You can read more information online here.
Halting evictions and providing homeowners and renters with financial and legal assistance is a crucial part of our public health response to the pandemic. By allowing individuals to stay in their home or apartments, we are ensuring they have a place to self-isolate and social distance to mitigate the spread of the virus. I look forward to working with my colleagues in the General Assembly throughout this special session and the 2021 regular session to provide additional relief to renters, homeowners, and landlords who are struggling due to the economic impact of COVID-19.
If you are struggling to pay your rent or mortgage due to loss of income from the pandemic, you may be eligible for the Virginia Rent and Mortgage Relief Program. See more information and apply online here.
Back to School
The 2020-2021 school year will start this Tuesday, September 8th. Henrico County Public Schools will start online for the first nine weeks of instruction to help protect our students, teachers, and school staff from the spread of COVID-19. I want to thank the Henrico County School Board and Superintendent Dr. Amy Cashwell for their creativity and hard work in developing a new virtual curriculum to allow our students to continue their education safely. The new curriculum will differ from the “emergency learning model” that was put in place at the beginning of the pandemic, and will be structured, robust, and graded. For all information on the HCPS back to school plan please visit henricoschools.us/returntoschool.
I also want to thank our students and parents for their patience and flexibility as our county has worked to make this school year as safe and effective as possible. Henrico County has allocated $500,000 in CARES Act funding to partner with community organizations to provide low cost childcare to individuals in need. See more information on these programs here:
Henrico Education Foundation: https://henricogives.org/after-school-enrichment-program/
Henrico Police Athletic League: www.henricopal.org/after-school-program.html
Mental Health Care Resources
A recent survey from the Center for Disease Control found that 40% of U.S. adults have struggled with mental health or substance use as a result of the COVID-19 pandemic. Next week is National Suicide Prevention Week and September is National Suicide Prevention Awareness Month. Although we are all focused on the COVID-19 pandemic, we must also pay attention to our mental health and reach out to those who may be struggling during this difficult time.
In honor of National Suicide Prevention Month, BeWellVA is working to promote its easy to use resources for accessing mental healthcare and helping those that may be considering suicide. BeWellVA is a collaboration amongst seven Community Service Boards (CSBs) that serve as a resource for individuals to access publicly funded services for behavioral health and intellectual disabilities. The BeWellVa.com website offers information and connections to mental healthcare, suicide prevention programs, and resources for active duty military and veterans. If you are struggling with thoughts of suicide, please call their hotline 1-800-273-TALK for immediate help.
The Virginia Department of Behavioral Services and the Virginia Department of Emergency Management have created a “warmline” to provide mental health care support for Virginians struggling with feelings of isolation, stress, or grief due to COVID-19. A hotline is something for an immediate emergency, such as calling 911. This warmline is available seven days a week for individuals who are not experiencing an immediate crisis but can benefit from finding someone to talk to about the stresses and challenges the COVID-19 pandemic has created or exacerbated.
VIRGINIA COPES COVID CRISIS LINE
Call or Text: 877-349-5428
Monday–Friday: 9:00 a.m.–9:00 p.m.
Saturday–Sunday: 5:00 p.m.–9:00 p.m.
The pandemic has brought unprecedented change and uncertainty into the lives of many Virginians. If you are struggling with feelings of isolation, stress, or grief please know that you are not alone. Call or text 877-349-5428 to speak with trained staff. For more information on VA COPES, visit vacopes.com
