Author: PHILIP SCRANAGE

SB 745 would have ensured automatic resentencing hearings for current felony marijuana convicts

Richmond, Virginia – Yesterday, the Virginia House of Delegates Appropriations Committee voted to kill Senator Scott Surovell’s bill to grant resentencing hearings for individuals incarcerated for marijuana distribution and parole hearings for individuals serving sentences enhanced by prior marijuana-related convictions on a party-line vote.  The bill, SB 745, was the last marijuana-related bill of the legislative session awaiting committee action.

“Yesterday, the House appropriations committee decided to kill a bill with bipartisan support which would have ensured the punishment fit the crime for past felony marijuana convictions. The attitude of the majority of Virginians towards marijuana use has changed dramatically since many of these individuals were originally sentenced, and to refuse to acknowledge the draconian nature of these sentences is an injustice” Surovell said.

Gracie Burger, State Policy Director for The Last Prisoner Project and an early partner on the bill, said the following:

“SB 745 by Sens. Surovell and Lucas provided an urgently-needed solution to the problem of cannabis prisoners left behind bars since the Commonwealth legalized adult-use marijuana last year. Public interest has shifted on the criminalization of cannabis and we must provide a pathway for that shifted position to be reflected in the punishments our state continues to uphold. Virginians sentenced under outdated laws deserve the opportunity to have their sentence reconsidered, as a matter of both fairness and fiscal responsibility, and SB 745 would have provided that opportunity. Continuing incarceration for these individuals is a waste of limited public safety resources that should be prioritized elsewhere”.

Senator Louise Lucas served as the bill’s Chief Co-Patron. The legislation also received support from Justice Forward Virginia and the ACLU of Virginia.

SB 565 will Reduce Greenhouse Emissions in Virginia

Richmond, Virginia – Today, The Senate of Virginia passed Senator Scott Surovell’s Bill to allow for captured methane emissions to be used as energy. SB 565, which passed on a bipartisan vote of 35-5, will allow for these emissions, which otherwise would inflict environmental harm, to be used as a renewable energy source in Virginia.

“Because of the Senate’s vote today, we are one step closer to making Virginia a national  leader in cleaning up greenhouse gas pollution” Surovell said. “This bill will incentivize companies responsible for methane emissions in Virginia to capture fugitive methane and use it as a renewable energy source. I am thankful to my colleagues in the Senate for providing such overwhelming and bipartisan support for this bill, and look forward to continuing to work toward preserving our environment for future generations”.

The bill follows President Biden’s commitment at the United Nations’ COP26 Climate Summit in Glasgow to The Global Methane Pledge, which aims to limit methane emissions by 30% compared with 2020 levels by 2030. Methane is 85 times more potent at capturing solar energy than carbon dioxide and is responsible for a third of current warming from human activities.

The legislation allows natural gas companies to reduce methane emissions by:

1. Investing in enhanced leak detection;
2. Purchasing low emissions methane; and
3. Investing in projects to construct infrastructure to capture or develop biologically-derived methane systems through measures such as waste composting, municipal sewage operations, and capturing landfill gas or gas from animal feeding operations.

Nearly identical legislation carried by Delegate Israel O’Quinn has passed out of committee in the House of Delegates and will receive final vote on Monday.

Richmond, Virginia – Today, the Senate General Laws and Technology Committee passed Senator Scott Surovell’s bill to study whether Virginia laws need to be changed to assist building inspection and maintenance. SB 740 passed by a unanimous vote, and comes in response to the tragic collapse of the Surfside condominium building in Florida and the structural damage discovered in 2016 at River Towers Condos in Belleview.

“As we saw with the Surfside condo collapse, the consequences of outdated and under-enforced building inspection and maintenance laws can be catastrophic” Surovell said. “I don’t think we should wait for a disaster to occur in Virginia before addressing this issue. The study will help us bring better standards to diminish that possibility, and ensure buildings across The Commonwealth remain habitable and safe”.

SB 740 establishes a task force, which will report its findings and recommendations, including any legislative recommendations, to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology no later than 2023.

The bill now heads to the Senate Finance Committee.

SB 249 criminalizes sexual contact with animals and filming and distribution of such acts

Richmond, Virginia – Yesterday, the Senate Judiciary Committee passed Senator Scott Surovell’s bill to ban the sexual abuse of animals, forced sexual contact with animals, the possession of animals for sexual purposes, and the production and distribution of materials depicting sexual contact with animals. The bill, SB 249, passed by a party-line vote of 9 to 6.

“Virginia’s current law is outdated and has not kept up with technology or the animal abuse issue.  This bill will remedy that oversight and ensure all heinous acts of abuse against animals can be prosecuted as criminal offenses” Surovell said.

Studies show a strong correlation between child sexual abuse and animal abuse.  One study found that 31% of animal sex offenders also commited against against children and many use animal porn to groom child abuse victims.  

SB 246 allows for the ban of possession of any animals by individuals found guilty of these offenses for a period of up to five years. The legislation also permits the court to mandate psychiatric or psychological counseling for offenders.  Dissemination of animal porn currently carries no penalty of any kind.   

Tabitha Treloar, Director of Communications for the Richmond SPCA, spoke in support of the bill in committee. “The Richmond SPCA thanks Senator Surovell for introducing this bill to address the serious crime of animal sexual abuse and we cannot understate the importance of bringing Virginia code up to date to address how these crimes are perpetrated in the current era” Treloar said.

The bill now goes to the Senate Finance and Appropriations Committee for vetting and if approved, to the floor next week. 

SB 745 Provides Automatic Resentencing Hearings for Felony Marijuana-Related Convictions

Richmond, Virginia – Yesterday, the Senate of Virginia passed Senator Scott Surovell’s bill to make resentencing available to all individuals currently incarcerated for marijuana-related crimes, and parole for individuals whose sentences were enhanced due to prior marijuana-related convictions, by a vote of 22-18. Senator Surovell is Chairman of the Criminal Subcommittee of the Senate Committee on Judiciary.

“Since we have legalized the recreational use of marijuana in Virginia, and are moving forward with legislation to regulate sales, it is common sense to provide relief to those who were harshly punished for offenses which are no-longer criminalized” Surovell said. “The attitude towards marijuana use in our Commonwealth has changed significantly in recent years, and this bill will help our criminal justice system reflect that change. Providing automatic resentencing hearings and parole opportunities will reunite these individuals, who have paid their debt to society, with their families and communities sooner”.

The Last Prisoner Project’s State Policy Director Gracie Burger voiced her support for the legislation. “Virginians sentenced under outdated laws deserve the opportunity to have their sentence reconsidered, as a matter of both fairness and fiscal responsibility. SB 745 provides that opportunity, by scheduling eligible individuals for sentence modification hearings,” Berger said. “Continuing the incarceration for these individuals is a waste of limited public safety resources that should be prioritized elsewhere. This legislation will put Virginia on the map as a model for smart, evidence-based drug policy.” 

The bill now heads to the House of Delegates for consideration.

SB 352 Requires Employers to Grant Paid Sick Leave to Healthcare and Grocery Store Workers

Richmond, Virginia – Today, the Senate Commerce and Labor Committee approved Senator Scott Surovell’s legislation to guarantee paid sick leave for grocery and healthcare workers with bipartisan support by a vote of 12 to 3. The bill represents the most significant step forward for paid sick leave in Virginia. “Our healthcare and grocery store workers have been crucial to steering us through the pandemic. I am proud to see this legislation move forward, knowing it will be a great relief to those who have sacrificed so much for us, and will help keep these essential workers and those they come in contact with safe” Surovell said.

In April, 2021 and before the Omicron strain emerged, the United Food and Commercial Workers (UFCW) estimated that 91,000 members had been infected and 456 members killed by COVID-19.  The World Health Organization estimates that between 80,000 and 180,000 healthcare workers may have died from COVID-19 during the pandemic.

Worker’s rights advocates celebrated the bill’s passage. “This bill is a huge step, as Virginia builds momentum to expand paid sick days,” said Kim Bobo, Executive Director of the Virginia Interfaith Center for Public Policy, a member of the Virginians for Paid Sick Days coalition. “This is the most significant paid sick days bill to ever pass out of the Senate Commerce and Labor Committee. It would mean that more than 120,000 front-line workers wouldn’t have to choose between a paycheck and taking care of their health or their family’s health. And it would set a clear standard for all businesses in Virginia to keep employees and customers healthy. Thank you to Sen. Surovell for championing this bill on behalf of Virginia workers and businesses.”

The bill now goes to the Senate floor for a vote on final passage later this week.

A 2021 poll from Christopher Newport University’s Wason Center shows that 88 percent of Virginians support a law that would require employers to provide 5 paid sick days per year to all Virginians. Studies show that employees working while sick cost the national economy approximately $160 billion per year.

Even before COVID-19, 41 percent of private sector workers, 1.2 million workers in Virginia, had no paid sick days or any paid time off. A new study by Harvard University researchers shows that two-thirds Virginia service-sector workers at large employers, including grocery store workers, have no access to paid sick days. The lack of paid sick days creates a crisis for low-wage workers who must choose between taking a sick day for themselves or to care for a family member and getting paid. If they bring COVID-19 into the workplace, they risk the health of their colleagues and the public at-large.

Richmond, Virginia – Today, Senator Scott Surovell announced he will chair the Subcommittee on Labor and Employment of the Senate Commerce & Labor Committee and the Subcommittee on Criminal Law of the Senate Judiciary Committee.

“I am glad to take the reins of these two important sub-committees and thankful to The Chairmen for entrusting me with this responsibility.” Surovell said.

The Senate Judiciary Committee primarily considers matters relating to the Courts of the Commonwealth, Criminal Law, Civil Law and election of judges. The Senate Commerce and Labor Committee considers legislation pertaining to banking, commerce, commercial law, utility corporations, economic development, election of commissioners to the State Corporation Commission and the Worker’s Compensation Commission and other areas. 

Surovell is the Vice Chairman of the Senate Democratic Caucus, has served in the General Assembly for 13 years, and on the Judiciary and Commerce and Labor Committees since 2020. He also currently serves on the Privileges and Elections, Rehabilitation and Social Services, and Transportation Committees, along with dozens of commissions and joint committees. He practices law in Northern Virginia and graduated from the University of Virginia School of Law in 1996.

SB 6 Raises the number of Justices in the 31st Judicial Circuit from Six to Seven

Richmond, Virginia – Today the Senate Judiciary Committee unanimously passed Senate Bill 6. The bill, introduced by Senator Scott Surovell, would increase the maximum number of justices on the Thirty-First Judicial Circuit from six to seven. This legislation came at the recommendation of the Judicial Council of Virginia. 

“Right now, there is a dire backlog of cases in Prince William County that is overwhelming the court and we need to take action” said Surovell. “By adding an additional judge to the court, we can help clear the docket and ensure justice is served fairly and efficiently for the diverse and growing population of Prince William County”.

On October 19th, Prince William County’s six circuit court judges, Commonwealth’s Attorney Amy Ashworth, Clerk of Court Jacqueline Smith, and Chief Public Defender Tracey Lenox sent a 113-page request to the Virginia General Assembly’s House and Senate judiciary committees requesting the addition of a seventh judge.

In the letter, Chief Circuit Court Judge Kimberly Irving wrote “The Court is handling more cases, spending longer hours on the bench and even sending cases away on their scheduled court dates because six judges are not enough, working all day, to hear the scheduled cases”. She added “Our current crisis has been building since 2015, and it will only continue to get worse as the population increases and caseloads continue to grow”.

SB 6 now goes to the Senate Finance Committee.

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Mt. Vernon, VA – Today the Virginia House of Delegates passed Senator Scott Surovell’s legislation to prohibit healthcare discrimination. SB 1289 has now passed out of the Senate and House of Delegates. The legislation now awaits Governor Ralph Northam’s signature to become law. 

This legislation revises the Health Virginia Fairness Act by prohibiting healthcare providers from discriminating against patients on the basis of race, sex, sexual orientation or mechanism of injury.  The bill stipulates that in every contract between a healthcare provider and an insurance company, there must be a provision that prohibits the medical provider from discriminating against their patients who are involved in litigation or were injured as the result of a car accident. 

“This legislation is important because it’s come to my attention over the last 24 years that there are some providers who screen out potential patients based on the fact that they were in an automobile accident,” Surovell said. “These are people who have insurance and typically these providers are not supposed to turn these types of people away.” 

The Virginia Association of Health Plans and patient advocates supported the bill.

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Senator Scott A. Surovell represents parts of Fairfax, Prince William, and Stafford Counties since 2015. Prior to his time in the Senate, Surovell served six years in the House of Delegates. Surovell lives in Mt. Vernon with his wife and four children. He practices law and has dedicated his legislative career to fighting for Northern Virginia’s fair share, protecting consumers, and preserving our environment for future generations.

Mt. Vernon, VA – Today the Virginia House of Delegates passed Senator Scott Surovell’s legislation to aid resettlement of immigrants who cooperate with criminal investigations by vote of 80-19. SB 1468 has now passed out of the Senate and House of Delegates and awaits Governor Ralph Northam’s signature to become law. 

SB 1468 establishes a reliable process for offering certification forms for undocumented immigrants certifying that they were a victim of qualifying criminal activity, as required by federal immigration law. Currently, Virginia lacks a clear way for victims to obtain the necessary certification forms to send to Immigrations Customs and Enforcement in order to then receive a T Visa or U Visa, which are provided to victims of crimes on the condition that they cooperate with the accompanying criminal investigation. The Legal Aid Justice Center and other advocates supported the bill.

“The bill will incentivize people to cooperate in criminal investigations because it gives them a guaranteed process they can follow and some certainty in the process. This will encourage people to help solve crimes,” Surovell said.

Beginning July 1, SB 1468 requires police and sheriff departments to designate an individual to receive any applications for the certifications and sets a 120 day time frame in which they must respond, as the U.S. Immigration and Customs Enforcement has a six-month maximum for the entire process. If the police or sheriff department denies the certification application, they must state in writing the reason for the denial. Additionally, SB 1468 creates an expedited 30-day  appeal process through the Virginia Circuit Courts in the case of a dispute about an application denial.

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Senator Scott A. Surovell represents parts of Fairfax, Prince William, and Stafford Counties since 2015. Prior to his time in the Senate, Surovell served six years in the House of Delegates. Surovell lives in Mt. Vernon with his wife and four children. He practices law and has dedicated his legislative career to fighting for Northern Virginia’s fair share, protecting consumers, and preserving our environment for future generations.