By Andrew Ringle
Three bills that will prohibit firearm possession in public spaces, limit monthly handgun purchases and require background checks for firearm transfers passed the state Senate, marking the first of stronger gun-control legislation proposed by the new Democratic majority in the General Assembly.
The following bills were approved between two high-profile gun rights protests at the State Capitol:
Senate Bill 35: Authorizes any locality to prohibit the possession of firearms and ammunition in public spaces during permitted events or events that would otherwise require a permit. Introduced by Sen. Scott Surovell, D-Mount Vernon.
SB 69: Prohibits anyone who is not a licensed firearms dealer from purchasing more than one handgun within a 30-day period, making the offense a Class 1 misdemeanor. Exempts those with valid Virginia concealed handgun permits and those replacing a lost or stolen handgun, as well as law enforcement agencies, state and local correctional facilities, private security companies and those with special circumstances with a background check from Virginia State Police. Also exempts purchases made during a private sale for a personal collection of rare or historical items. Introduced by Sen. Mamie Locke, D-Hampton.
SB 70: Requires background checks for any firearm transfer and directs State Police to set up a process for obtaining such a check from a licensed firearms dealer. Anyone who sells a firearm without a background check is guilty of a Class 6 felony, and the person who receives the firearm is guilty of a Class 1 misdemeanor. Exempts transfers between immediate family members and by estate administrators, as well as transfers during lawful activities at shooting ranges or similar spaces designed for target practice. It also exempts temporary transfers that occur while the owner is present or are necessary to prevent death or bodily harm. Additionally, it allows transfers of antique firearms, transfers that are part of a buy-back or give-back program and those that occur by operation of law. Introduced by Sen. Louise Lucas, D-Portsmouth.
SB 35 and SB 69 each passed along party lines with votes of 21-19. SB 70 passed the state Senate with a vote of 23-17, gaining Republican support from Sens. Siobhan Dunnavant of Henrico and Emmett Hanger of Augusta. The bills must now be considered by the House of Delegates.
During the hearing, Sen. Amanda Chase, R-Chesterfield said she was concerned about SB 35. She said the measure will create gun-free zones and disarm law-abiding citizens.
“The good guys won’t have the guns,” Chase said. “They won’t be able to protect themselves, and we’re basically creating a disastrous situation in which criminals will not follow the law, and it will only hurt and create victims.”
She referenced a 2017 Las Vegas mass shooting, which left 59 people dead, including the gunman, saying it occurred in a gun-free zone.
Sen. Dick Saslaw, D-Springfield, spoke in favor of SB 35. He said the measure does not infringe upon law-abiding citizens because they are still able to purchase multiple handguns a year.
“Twelve handguns a year is more than enough, for most citizens,” Saslaw said. “If you need more than that, go to Texas. They don’t have any laws.”
SB 240, known as the “red flag bill,” was passed by for the day on Friday. It would create a process for attorneys and law enforcement to file emergency orders prohibiting a person from purchasing, possessing or transferring a firearm if they pose “a substantial risk of injury to himself or others.”
Legislature advances bill allowing nursing homes to administer medical cannabis
Virginia lawmakers continue to fine tune legislation that aligns with the state’s growing medical cannabis program by advancing two Senate bills that would facilitate the work of caregivers and lab employees.
By Chip Lauterbach
Virginia lawmakers continue to fine tune legislation that aligns with the state’s growing medical cannabis program by advancing two Senate bills facilitating the work of caregivers and lab employees.
SB 185 sponsored by Sen. Siobhan Dunnavant, R-Henrico, would allow employees at nursing homes, assisted living facilities and hospices to administer CBD and THC-A oil to residents who have a valid written certification to use the medication. SB 885 from Sen. David W. Marsden, D-Fairfax, would remove criminal liabilities for analytical lab workers who transport and possess both substances during the course of their work.
Marsden also introduced legislation to protect individuals from possession charges for having marijuana in the form of cannabidiol oil or THC-A oil, if they have valid written certification from a practitioner.
CBD products are used to treat epilepsy and to help with pain management for a variety of ailments. The product can be extracted from hemp, a plant in the cannabis family that is typically low in THC. The non psychoactive version of THC is THC-A; it does not produce a high. THC-A has been used to treat seizures, arthritis and chronic pain. Fibers of the hemp plant are also used in making rope, clothing, paper and other products. Hemp recently became legal at the federal level, and its cultivation is still regulated.
There is a distinction between hemp-derived CBD oil and marijuana-derived CBD oil, namely the level of THC present.
Dunnavant told a Senate panel that the bill is needed so that staff at assisted living facilities can be included as those authorized to store and administer both CBD and THC-A to residents and patients. Registered nurses and licensed practice nurses can legally administer the oils. Last year lawmakers passed legislation protecting school nurses from prosecution for possessing or distributing such oils, in accordance with school board policy.
Several nursing homes and assisted living facilities when contacted said that currently the use of CBD or THC-A are not allowed at their locations and that there are no immediate plans to incorporate such use into the care of their residents or patients.
Marsden sees his bill as an opportunity for further research and development of medical marijuana in Virginia. The state pharmaceutical processors permitted to manufacture and dispense marijuana-derived medications can distribute products with doses that do not exceed 10 milligrams of THC.
“If a laboratory is going to handle a drug that is marijuana, they need immunity from prosecution.” Marsden said. “Even if we go into decriminalization, that still has some civil penalties for it.”
Richmonder Brion Scott Turner is glad that steps are being made towards CBD becoming more available. Turner uses CBD to help with his own medical condition.
“I use a CBD infused lotion for my psoriasis,” Turner said. “It gives me relief from the itching and the psoriatic arthritis that comes with it.
Turner has said that most of his friends and family use CBD to help with a variety of ailments from minor headaches to anxiety attacks.
“My mother uses CBD for anything from lower back pain, helping with an upset stomach or even migraines,” Turner said.
Other cannabis related bills moving through the General Assembly include HB 972, which would decriminalize simple possession of marijuana down to a civil penalty of no more than $25. The Senate version of the bill carries a civil penalty of no more than $50.
HJ 130, currently in the Senate Committee of Rules, would direct the Joint Legislative Audit and Review Commission to study options for the regulation of recreational adult use and medical use of cannabis. SJ 67, which has passed the House and Senate, directs JLARC to study options and make recommendations for how Virginia should go about the growth, sale and possession of marijuana. JLARC’s recommendations are due by July 1, 2022.
Both Dunnavant and Marsden’s bills reported out of committee and are headed to the House floor.
INTERACTIVE: Groups split over proposed overdose immunity bill
Groups, including former drug users, are split over a Senate bill that would give immunity to both someone reporting or experiencing an overdose. In a recent unanimous vote, the Senate passed Senate Bill 667, introduced by Sen. Jennifer Boysko, D-Fairfax. The bill expands on the current protection offered only to the person reporting the overdose, who can be charged but has an affirmative defense which leads to dropped or reduced charges when proven they reported an overdose.
By Joseph Whitney Smith
Groups, including former drug users, are split over a Senate bill that would give immunity to both someone reporting or experiencing an overdose.
In a recent unanimous vote, the Senate passed Senate Bill 667, introduced by Sen. Jennifer Boysko, D-Fairfax. The bill expands on the current protection offered only to the person reporting the overdose, who can be charged with a crime but has an affirmative defense, which leads to dropped or reduced charges when proven they reported an overdose.
This new bill would offer immunity to both the person reporting the overdose and experiencing the overdose, meaning no charges would be filed. The bill protects individuals from arrest or prosecution for the unlawful purchase, possession or consumption of alcohol, controlled substances, marijuana or having drug paraphernalia.
The legislation also states that no officers acting in good faith will be found liable for false arrest if it is later determined the individual arrested was immune from prosecution because they overdosed or reported an overdose.
“In Virginia, friends often do not call for help for fear of being arrested,” Boysko said at the committee hearing for the bill.
Boysko told Senate members that every second matters in an overdose and that data show bystanders are three times more likely to call 911 when there is a safe reporting law such as her proposed bill. She also said that the state needs to stop criminalizing individuals that are attempting to seek urgent help for themselves or others.
“Virginia’s death toll from opioid overdoses continues to rise despite state and local government spending millions of dollars to make naloxone available,” Boysko said. “More than 1,500 died just in 2019 in Virginia from drug overdoses.”
According to the Virginia Department of Health, overdose is the leading cause of unnatural death in the state since 2013, followed by motor vehicle related and gun deaths.
“With the new law we’re looking at a healthcare solution for a healthcare crisis,” said Nathan Mitchell, who said he was previously addicted to drugs. Mitchell now serves as the community outreach and advocacy coordinator at the McShin Foundation. Mitchell said the proposed bill does not provide protection for crimes such as distribution or a firearm at the scene of the overdose, only drug and paraphernalia possession.
According to Mitchell, drug incarceration is inconsistent in the commonwealth. He said after his first drug-related arrest he wasn’t introduced to a recovery program. But, after his second arrest, he received treatment through the help of the McShin Foundation. He said that inconsistency is an example that not all individuals who overdose will have access to the same treatment.
Drug courts are specialized courts where individuals plead guilty and agree to complete the drug court program. Not every locality in the commonwealth has a drug court, though state law authorizes any locality to establish one with the support of existing and available local, state and federal resources.
Mitchell said that individuals may not report an overdose to help protect the individual overdosing from being charged with a crime. He said that’s why a bill granting immunity to both parties is important.
John Shinholser, president and co-founder of the McShin Foundation, a nonprofit that focuses on recovery education and recovery, testified in favor of Boysko’s bill.
“This is evidence-based, data-driven proof that this bill will reduce deaths in Virginia during this crisis,” Shinholser said.
Goochland County resident Micheal McDermott spoke in opposition of Boysko’s bill during the Senate committee meeting. McDermott said he’s been in recovery from substance abuse disorder for over 28 years. The bill has good intentions but immunity should only be given to the person reporting, not overdosing, McDermott said.
“I don’t think it’s a good idea,” he said.
There’s no guarantee that an overdose victim treated by paramedics will find recovery, McDermott said. If the person overdosing is on probation, they should receive a probation violation, and perhaps get the needed court-mandated treatment.
Westmoreland County Commonwealth’s Attorney Julia Sichol spoke last month at a House subcommittee in opposition to similar legislation that failed to advance, on behalf of the Virginia Association of Commonwealth’s Attorneys. Sichol said she thinks a bill offering immunity “can also cause harm to lives” because it keeps the person overdosing from being charged with a crime and could possibly prevent them from receiving court-mandated treatment.
“Drug treatment is extremely expensive and sometimes the only way to get the treatment for the individuals is through the court system,” Sichol said. “If you take away the ability for individuals to be charged who have overdosed they are not eligible to participate in drug treatment program, they are not eligible to go through the court system under mandated treatment.”
On Friday, SB 667 was assigned to a House subcommittee.
Bill allows renters to make certain repairs if landlord doesn’t respond
A bill that gives tenants the power to make repairs on their property and deduct the costs from their rent, with conditions, recently passed the Virginia state Senate and is expected to advance in the House.
By Will Gonzalez
A bill that gives tenants the power to make repairs on their property and deduct the costs from their rent, with conditions, recently passed the Virginia Senate and is expected to advance in the House.
Senators voted unanimously in committee and on the floor to pass Senate Bill 905, introduced by Sen. William Stanley, R-Franklin, which gives a tenant the right to seek repairs that constitute a fire hazard or serious threat to the life, health or safety of occupants. Such conditions include the infestation of rodents and lack of heat, hot or cold running water, light, electricity, or adequate sewage disposal facilities.
Tenants would have the right to secure a contractor to fix the issues and deduct the cost from their rent.
First, the tenant would submit a written complaint to their landlord and allow them 14 days to fix the issue before the tenant secures a licensed contractor to complete the repairs. The tenant must provide documentation and itemized receipts of the repair to the landlord. The tenant would be allowed to deduct the costs of the repairs, not exceeding one month’s rent, from subsequent rent payments.
Sen. John Bell, D-Loudoun, proposed an amendment that was rejected during the Senate committee hearing, requiring the tenant to obtain two repair estimates.
Currently, state law allows the landlord more time to fix issues that compromise the health and safety of the tenant. The tenant can file a detailed, written complaint and give notice that the rental agreement will terminate on or after 30 days, if the landlord hasn’t fixed the issue within 21 days. If the problem is fixed, the tenant can’t break the lease.
A tenant, though legally empowered under current law to terminate the rental agreement would still, in most cases, need to have a deposit plus first month’s rent to secure a new place, which can present a roadblock for renters.
The Virginia Poverty Law Center noted its support of the bill and stated that in addition to speeding up the repair process, the proposed bill would reduce the number of cases in Virginia’s courts because tenants are given the opportunity to handle issues themselves instead of having to take landlords to court. Christine Marra, the group’s director of housing advocacy, said that the bill benefits tenants by allowing them to deduct the cost of donated repairs.
“There are a number of nonprofits across the commonwealth that do home repair for homeowners, but will not do them for renters because they don’t want to unjustly or unduly enrich the landlord,” Marra said. “I hope this will encourage them to start doing repairs for tenants.”
According to Elizabeth Godwin-Jones, a Richmond attorney who represents landlords, the original bill was too vague about what would constitute an emergency condition and how the tenant was allowed to go about getting the work done.
Now that the tenant is required to hire a licensed contractor and provide the necessary documentation, she said there’s little a negligent landlord could do to challenge their tenant in court and force them to pay their rent in full.
“To me, the landlord already has a bit of a black eye, if it was something really serious and they didn’t do what they were supposed to do,” Godwin-Jones said.
Stanley patroned another renter’s rights bill, one which didn’t advance. The bill would have given tenants the right to use their landlord’s failure to maintain the property as a defense if they were taken to court for failure to pay rent.
Virginia’s eviction rates are among the highest in the country. Princeton University’s 2016 Eviction Lab study showed that five of the 10 cities with the highest eviction rates in the U.S. are in Virginia, and Godwin-Jones believes the problem is rooted in poverty more than it is in landlord-tenant legislation.
“To me, the biggest thing to help the eviction problem would be to raise the minimum wage and have more affordable housing options, but that’s terribly underfunded, and the funding hasn’t kept up with the increase in the rent,” Godwin-Jones said.
After making it to the House of Delegates, the bill was assigned to a General Laws subcommittee, which recommended advancing it. A committee on Thursday postponed hearing the bill because Stanley was still in the Senate and could not speak to the bill.