Week 4 Session Update 2021: All Senate Bills Now Go To The House

Monday, February 8, 2021

Dear Friend,

The 2021 session continues our journey towards creating a more just society. So many vestiges of the “Jim Crow” era are still embedded in Virginia’s statutes, but we are continuing to make progress in removing these laws. More importantly, there is an acknowledgment, accompanied by actions, to pro-actively address equity gaps.

Highlight of this week’s accomplishments are noted below:

Re-opening Schools - Governor Ralph Northam has called on all K-12 school divisions in the Commonwealth to make in-person learning options available by March 15, 2021 in accordance with the health guidance the Northam Administration put forward in January and new research from the Centers for Disease Control and Prevention (CDC). We are all aware that many children are showing signs of significant learning losses and emotional distress over the virtual learning environment that has enveloped us since last March.

I believe Governor Northam’s announcement is welcome news for students, parents, and employers. I am also heartened to note that Governor Northam is encouraging school divisions to offer classroom instruction during the summer months for those families who want this option. I will do everything I can to provide the necessary resources and support that school systems may need to make a robust summer school term a reality across the Commonwealth. 

Vaccine Availability - Localities across the Commonwealth are moving swiftly and in an organized fashion to get vaccines in the arms of Virginians. Our state is vaccinating a higher percentage of its population, on a daily basis, than five of the most populated states. This is good news, but we must do better. Virginia and other states are imploring the Federal government to increase production of vaccines. If the current production rate continues, with Virginia receiving only 100,000 vaccines a week, a full economic recovery will be many months away. Thank you to those who have participated in my two zoom town halls regarding vaccine updates. My suggestion to the local health departments to keep those of you who have registered for a vaccine informed about the status of things, seems to be taking hold.

Legalizing Marijuana - The Senate has passed a regulatory framework for legalizing the adult use of marijuana. Starting July 1, possessing one ounce of marijuana will no longer be a state crime. A new agency, the Virginia Cannabis Control Authority, will be formed to develop the rules by which one can grow, cultivate, and market marijuana. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and allows retail marijuana sales to begin on January 1, 2024.

Moreover, the bill maintains the current DUI laws, based on the driver’s level of impairment, as opposed to creating a new “per se” (marijuana level in blood) limit. There is an automatic expungement of criminal records provision for misdemeanor marijuana convictions, including marijuana paraphernalia. However, an individual must petition a court for an expungement of records based on felony level marijuana crimes. There will be more to come on the marijuana legalization issue as lawmakers in both the House and Senate convene to work out legislative differences through the conference process.

Repeal of the Death Penalty - I was very excited this week to vote “yes” on a bill that repeals the death penalty. For several years, I had carried a bill to remove the death penalty as a sentencing option when an individual was severely mentally ill at the time the crime was committed, but the bill never passed. Even the Democratically controlled House of Delegates tabled my bill last year. However, I believe this year’s experience demonstrates how important it is to bring legislation forward even when the probability of passage is low. Lawmakers benefit from the educational process that takes place when a bill is considered and debated. Now, in 2021, we can claim a momentous victory by passing a clean repeal bill.

There are currently two individuals on death row in Virginia, with passage of this bill, along with the Governor’s signature, those two individuals will serve life sentences in prison. Virginia will be the first Southern state to repeal the death penalty. A big “thank you” goes to the many advocacy groups who helped get this bill across the finish line.

Abolishing Isolated Confinement - As Chair of the Rehabilitation and Social Services Committee, I am proud to have played a key role in shepherding Senator Morrissey’s bill out of my committee and up to the Senate Finance and Appropriations Committee. The proposed bill restricts the use of isolated confinement to no longer than 48 hours and states that such confinement can only be used in cases where an inmate is an imminent threat of physically harming himself or another person. I have to take a moment to thank the Social Action Linking Together (SALT) group for helping to get this bill passed, along with other advocacy groups that are dedicated to criminal justice reform.

Under Senator Morrissey’s bill, each prisoner kept in isolated confinement must receive an initial medical and mental health evaluation within eight hours of placement in isolated confinement and a personal and comprehensive medical and mental health evaluation within 24 hours. Although the Senate budget has not yet been presented, I expect that some funding will be allocated to making solitary confinement a rare occurrence and to ensure that prisoners subject to such confinement receive the mental health and medical services they need.

Allowing Evidence of Mental Illness in Criminal Trials - I sponsored a bill, along with Senator McClellan, that would allow defense attorneys to introduce expert testimony regarding a defendant’s mental state at the time a crime was committed. This bill is incredibly important in establishing the culpability of an alleged perpetrator. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of a rebuttal resumption against bail. After much debate, this bill passed out of he Senate, but I expect we will have to make more clarifications to the bill when it is heard by the House.

Protecting Mental Health Records - My bills to protect the records of immigrants admitted to our State mental health facilities passed the Senate and is on its way to the House. I am removing a law from the books that was a vestige of the 1950’s when mental health conditions were stigmatized and immigration authorities were informed of who was receiving treatment, without due cause or the issuance of a court order. I expect that the advocacy group “Justice Forward” will once again help me pass this legislation in the House.

Legislation is moving quickly and we expect to conclude our work by February 27. It is an honor and privilege to represent you in Richmond and to fight for our Democratic values.

Thank you for your ongoing support and please stay safe.

Sincerely,