Report on the 2014 General Assembly

1. Report on the 2014 General Assembly April 14, 2014

2. Legislative Impact Analysisfor the 2014 General Assembly April 14, 2014

3. Code of Virginia § 30-19.1:4 • The Virginia Criminal Sentencing Commission must prepare a fiscal impact statement for any bill that would result in a net increase in the population of offenders housed in state adult correctional facilities (prisons) • Law became effective July 1, 2000 • Effective July 1, 2002, the impact statement must: • Include an analysis of the impact on local and regional jails as well as state and local community corrections programs; and • Detail any necessary adjustments to the sentencing guidelines

4. Code of Virginia § 30-19.1:4 • The Commission must estimate the increase in annual operating costs for prison facilities that would result if the proposal is enacted • A six-year projection is required • The highest single-year increase in operating costs is identified • This amount must be printed on the face of the bill • If the Commission does not have sufficient information to project the impact, § 30-19.1:4 states that the words "Cannot be determined" must be printed on the face of the bill

5. Code of Virginia § 30-19.1:4 • For each law enacted that results in a net increase in the prison population, a one-year appropriation must be made • Appropriation is equal to the highest single-year increase in operating costs during the six years following enactment • Appropriations made pursuant to § 30-19.1:4 are deposited into the Corrections Special Reserve Fund

6. Code of Virginia § 30-19.1:4 • The Department of Juvenile Justice (DJJ) prepares a fiscal impact estimate for any bill that would result in a net increase in the juvenile population committed to the state • DJJ provides this information to the Commission and a combined statement is submitted to the General Assembly HB 257: Use or Display of a Firearm in Commission of a Felony

7. Additional Provisions in the Appropriations Act In 2009, the Appropriations Act passed by the General Assembly included new language pertaining to fiscal impact statements Item 48 of Chapter 781 of the 2009 Acts of Assembly For any fiscal impact statement prepared by the Virginia Criminal Sentencing Commission pursuant to § 30-19.1:4, Code of Virginia, for which the commission does not have sufficient information to project the impact, the commission shall assign a minimum fiscal impact of $50,000 to the bill and this amount shall be printed on the face of each such bill, but shall not be codified.  The provisions of § 30-19.1:4, paragraph H. shall be applicable to any such bill.

8. Additional Provisions in the Appropriations Act Item 50 of Chapter 806 of the 2013 Acts of Assembly For any fiscal impact statement prepared by the Virginia Criminal Sentencing Commission pursuant to § 30-19.1:4, Code of Virginia, for which the commission does not have sufficient information to project the impact, the commission shall assign a minimum fiscal impact of $50,000 to the bill and this amount shall be printed on the face of each such bill, but shall not be codified.  The provisions of § 30-19.1:4, paragraph H. shall be applicable to any such bill. This requirement remained in the budget adopted by the 2013 General Assembly

10. Code of Virginia § 30-19.1:4 • The requirement for an impact statement includes, but is not limited to, proposals that: • Add new crimes for which imprisonment is authorized; • Increase the periods of imprisonment authorized for existing crimes; • Raise the classification of a crime from a misdemeanor to a felony; • Impose mandatory terms of imprisonment; or • Modify the law governing release of prisoners

11. Legislative Impact Analysis • Additional impact analyses may be conducted at the request of: • House Appropriations staff • Senate Finance staff • Department of Planning and Budget staff • Office of the Secretary of Public Safety

12. Legislative Impact Analysis • The necessary appropriation is calculated by: • Estimating the net increase in the prison population likely to result from the proposal during the six years following enactment • Identifying the highest single-year population increase • Multiplying that figure by the cost of holding a prison inmate for a year (operating costs, excluding capital costs) • For FY2013, the annual operating cost per prison inmate was $30,006 • This figure is provided each year by the Department of Planning and Budget

13. Impact Analyses Completed for 2004-2014 Sessions of the General Assembly Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are proposed or adopted

14. 2014 General Assembly – 251Impact Analyses Completed Percentages do not add to 100%, since proposed legislation can involve multiple types of changes. Multiple analyses may be performed on each bill, depending on the number of amended and substitute versions that are proposed or adopted

15. Most Common Types of Offenses in Proposed Legislation • Sex Offenders and Offenses (53 analyses) • Firearms (48 analyses) • Ethics/Disclosure (34 analyses) • Drugs (22 analyses) • Fraud/Larceny (15 analyses) • Murder/Homicide (14 analyses) • Human Trafficking (11 analyses) • Assault (10 analyses)

16. Bills with Fiscal Impacts Passed by the 2014 General Assembly Assault • HB 708 • Adds unlawful wounding and felony strangulation to the list of offenses that elevate a third or subsequent assault and battery against a family or household member from a Class 1 misdemeanor to a Class 6 felony • State-Responsible Impact: $50,000 (Cannot be Determined)

17. Bills with Fiscal Impacts Passed by the 2014 General Assembly Firearms • SB 65/HB 810 • Establishes new Class 6 felony for handling a firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causing the serious bodily injury of another resulting in permanent and significant physical impairment • State-Responsible Impact: $50,000 (Cannot be Determined) Murder • HB 976 • Increases the penalty for accessory after the fact to capital murder or a Class 2 felony homicide offense from a Class 1 Misdemeanor to a Class 6 felony • State-Responsible Impact:$50,000 (Cannot be Determined)

18. Bills with Fiscal Impacts Passed by the 2014 General Assembly Controlled Substances • SB 594/HB 1112 • Expands the list of cannabimimetic agents to include additional compounds • Repeals § 18.2-248.1:1 and classifies cannabimimetic agents as Schedule I drugs • Increases the penalty for distribution of cannabimimetic agents • However, simple possession of cannabimimetic agents will remain a Class 1 misdemeanor • Adds Alpha-PBP (a synthetic stimulant) to the list of Schedule I drugs • Modifies the definition of “controlled substance analog” and allows the Board of Pharmacy to add analogs to the list of Schedule I or II drugs via an expedited process • State-Responsible Impact: At least $66,663

19. Bills with Fiscal Impacts Passed by the 2014 General Assembly Controlled Substances, cont. • HB 575 • Adds perampanel (a prescription medication for seizures) to the list of Schedule III drugs • Expands the list of Schedule IV drugs to include lorcaserin (a medication for ongoing weight management) • State-Responsible Impact: $50,000 (Cannot be Determined)

20. Bills with Fiscal Impacts Passed by the 2014 General Assembly Protective Orders • HB 972 • Expands the list of conditions to which a respondent may be subjected when a protective order is issued to include the condition that the court grant the petitioner the possession of any companion animal, if the petitioner is an owner • Section 18.2-60.4 prescribes misdemeanor and felony penalties for individuals who violate any condition of a protective order issued pursuant to §§ 19.2-152.8, 19.2-152.9, and 19.2-152.10 • State-Responsible Impact: $50,000 (Cannot be Determined)

21. Bills with Fiscal Impacts Passed by the 2014 General Assembly Sex Offender and Crimes against Minors Registry • SB 454/HB 235 • Creates a new Class 4 felony for taking a minor for prostitution (regardless of whether the minor consents) • Expands the list of offenses requiring registration to include taking a minor for prostitution and soliciting prostitution from a minor • State-Responsible Impact: $50,000 (Cannot be Determined) • HB 1251 • Requires that any offender who changes his or her name must reregister with the Sex Offender Registry within 3 days following the name change • Currently, no time limit is specified • State-Responsible Impact: $50,000 (Cannot be Determined)

22. Bills with Fiscal Impacts Passed by the 2014 General Assembly Sex Offenses • SB 14 • Removes language in § 18.2-361(A) relating to non-forcible sodomy • Explicitly adds acts of sodomy to statutes that currently reference § 18.2-361 • Adds sodomy to § 18.2-371 (contributing to the delinquency of a minor) and § 18.2-67.5:1 (punishment for 3rd misdemeanor sex offense) • Expands § 18.2-368 (pandering) to include acts of sodomy • States that an emergency exists and it is in force from its passage • State-Responsible Impact: $50,000 (Cannot be Determined)

23. Bills with Fiscal Impacts Passed by the 2014 General Assembly Sex Offenses, continued • HB 567 • Expands the definition of sexual battery to include sexually abusing another without their consent more than once within a two-year period • Pursuant to § 18.2-67.5:1, a third or subsequent misdemeanor sex offense is punishable as a Class 6 felony • State-Responsible Impact: $50,000 (Cannot be Determined) • SB 476 • Expands the definition of incest to include step-parents and step-grandparents • State-Responsible Impact: $50,000 (Cannot be Determined)