Firearm and ammunition tax. Imposes a firearm and ammunition tax equal to 11 percent of the gross receipts from the retail sale of any firearm or ammunition by a dealer in firearms, firearms manufacturer, or ammunition vendor, as such terms are defined in the bill. The bill provides that proceeds from such tax shall be distributed to the Virginia Gun Violence Intervention and Prevention Fund.
Juvenile secure detention facilities; placement of juveniles referred from another locality; high-needs or high-risk juveniles; funding. Requires the statewide plan developed by the Department of Juvenile Justice (the Department) for the establishment and maintenance of a range of institutional and community-based, diversion, predispositional and postdispositional services to be reasonably accessible to each court to include (i) a plan for juvenile secure detention facilities in the Commonwealth, which shall designate the total number of facilities to be in operation in the Commonwealth, the location of each facility, the localities each facility shall serve, and the number of beds required for each facility and (ii) procedures for determining the appropriate placement of juveniles pursuant to the plan. The bill provides that the Department may reduce or cease the apportionment of any state funds to any localities or commissions that choose not to participate in the plan for juvenile secure detention facilities in the Commonwealth included in the statewide plan as required by this section. The bill also allows the Department to designate up to three juvenile secure detention facilities to provide additional support and services to juveniles identified as high-needs or high-risk. The bill requires any locality or commission operating a juvenile secure detention facility that receives state funds to accept the placement of any juvenile referred from another locality, unless accepting placement of such juvenile is not feasible due to security concerns or exigent circumstances related to staffing or other operational factors. The bill also provides that if any locality or commission refuses to accept the placement of any such juvenile, the Department may cease the apportionment of any funds to the locality or commission, including any funds for facility operations and education programs. The bill also provides that when a locality or commission operating a juvenile secure detention facility accepts the placement of a juvenile referred from another locality, (a) any medical expenses incurred on behalf of such juvenile shall be borne by the locality from which the juvenile was referred, unless otherwise agreed to by the locality referring such juvenile and the locality or commission accepting such juvenile; (b) if an employee of the juvenile secure detention facility is injured in the course of his employment by any such juvenile, the locality from which such juvenile was referred shall be considered the employer for the purposes of the Virginia Workers' Compensation Act; (c) any sheriff's departments that are impacted by additional travel requirements related to transporting juveniles shall be compensated to the extent practicable from identified savings; and (d) the locality referring such juvenile and the locality or commission accepting such juvenile shall negotiate in good faith to arrive at mutually agreeable funding contributions. The bill provides that if the localities or commissions are unable to reach an agreement on the funding contributions required by clause (d), then the Department shall determine the funding contributions and that failure of any locality or commission to comply with such funding contributions may result in the loss or reduction of the apportionment of any funds to the locality or commission, including any funds for facility operations and education programs.
Workers' compensation; disability of law-enforcement officer; spousal wage replacement; report. Requires the employer of a law-enforcement officer who sustains a line of duty injury, as defined in the bill, to pay or cause to be paid to the spouse of such law-enforcement officer 66 percent of such spouse's average weekly wage during the previous three years, up to 80 percent of the average weekly wage of the Commonwealth, provided that certain requirements are met. The bill directs the Workers' Compensation Commission to establish an application review process for claims for spousal wage replacement pursuant to the bill's provisions by January 1, 2027. Certain provisions of the bill have a delayed effective date of January 1, 2027.
Autumn's Law; elementary and secondary schools; institutions of higher education; aggravated bullying and cyberbullying unlawful; policies and procedures; penalty. Makes it a Class 1 misdemeanor to commit an act of aggravated bullying or aggravated cyberbullying, as defined in the bill, against any student enrolled in any elementary or secondary school or institution of higher education. The bill requires the administrator of each elementary or secondary school and each institution of higher education, or his designee, to, upon receiving satisfactory proof of an incident of aggravated bullying by a student enrolled in such school or institution, address such incidents, discipline the student guilty thereof, and report such incidents to local law-enforcement. The bill also requires (i) reports to be made to the division superintendent and the principal or his designee on all incidents involving an act of aggravated bullying or aggravated cyberbullying occurring on a school bus, on school property, or at a school-sponsored activity; (ii) each principal to immediately report to the local law-enforcement agency any incident involving an an act of aggravated bullying or aggravated cyberbullying occurring on a school bus, on school property, or at a school-sponsored activity; and (iii) the Board of Education to include in its guidelines and model policies for codes of student conduct developed pursuant to applicable law standards for school board policies on aggravated bullying. Finally, the bill requires each school board to include in its code of student conduct policies and procedures prohibiting aggravated bullying and aggravated cyberbullying, including (a) a citation to the provision of the bill that makes committing an act of aggravated bullying a Class 1 misdemeanor; (b) detailed procedures for reporting any incident of aggravated bullying or aggravated bullying in accordance with the bill; (c) clear, escalating, and appropriate disciplinary procedures for addressing incidents of aggravated bullying; and (d) information and resources relating to any civil rights of action or remedies available to victims of an act of aggravated bullying or cyberbullying.
Contesting local governing body or board of zoning appeals land use decisions; third-party standing requirements. Creates standing for any person who does not have an ownership interest in the property that is the direct subject of a local governing body or board of zoning appeals action if such person has alleged with particularity and proven by clear and convincing evidence that he (i) has an immediate, pecuniary, and substantial interest in the litigation, and not a remote or indirect interest; (ii) owns or occupies real property within or in close proximity to the property that is the subject of the land use determination; and (iii) has suffered (a) a particularized harm to a personal or property right, legal or equitable, or (b) an imposition of a burden or obligation different from that suffered by the general public. The bill clarifies that such standing requirements do not apply to any person who has an ownership interest in the property that is the direct subject of the decision of the local governing body or the board of zoning appeals.
Assault and battery; serious bodily injury; penalty. Creates a Class 6 felony for any person who commits an assault and battery that results in serious bodily injury, as defined in relevant law, but does not rise to the level of the current offenses of unlawful or malicious wounding. The bill adds such new offense to the list of violent felony offenses for the purposes of the discretionary sentencing guidelines.
A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 18.2-57, 18.2-308.016, 53.1-2, 53.1-5, 53.1-10, 53.1-17.2, and 59.1-148.3 of the Code of Virginia, relating to State Board of Local and Regional Jails.
Damage or trespass to public services or utilities or critical infrastructure; penalties. Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments.
A BILL to amend and reenact §§ 16.1-264, 18.2-51.1, 18.2-57, 18.2-60.3, 19.2-152.8, 19.2-249, 19.2-56.2, 19.2-59.1, 19.2-81, 19.2-81.3, and 65.2-102 of the Code of Virginia, relating to authority of fire marshals.
Elections; duties of the Department of Elections; Systematic Alien Verification for Entitlements Program (SAVE Program). Provides that the Department of Elections' use of the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security is for the sole purpose of individually verifying that voters listed in the Virginia voter registration system are United States citizens. The Department of Elections is prohibited from (i) using information received from the SAVE Program as the sole reason for rejecting a registration application, (ii) uploading lists of registered voters to the SAVE Program for verifying their citizenship status in bulk, or (iii) transferring any information to the U.S. Department of Homeland Security or any subdivision thereof beyond the minimum information necessary. This bill was incorporated into HB 972.
Assisted living facilities; resident referral agencies; required disclosures; referral fee limitations; civil penalty. Sets forth requirements for resident referral agencies, defined in the bill as any individual or entity that receives compensation from an assisted living facility, a third party, or a prospective resident for providing resident referrals to an assisted living facility, including required disclosures, referral fee limitations, enforcement, and civil penalties. The bill provides that assisted living facilities and residents are not obligated to participate with any resident referral agency and specifies that residents may opt out at any time in writing. The bill also specifies the minimum services a resident referral agency must provide before becoming eligible to receive a referral fee.
Public institutions of higher education; financial aid and assistance; transition and postsecondary programs for students with intellectual disabilities; eligibility for state-supported financial aid programs. Extends eligibility for any state-supported financial aid program or other higher education program to any individual who (i) is enrolled in an eligible transition and postsecondary education program, defined by the bill as any program offered by a public institution of higher education in the Commonwealth to students with intellectual disabilities attending such institution that meets the criteria for and is federally designated as a comprehensive transition and postsecondary program; (ii) is a student with an intellectual disability, as defined by the bill; and (iii) meets the other eligibility requirements for such program, except for certain enumerated eligibility requirements from which the bill exempts such individuals or for which the bill directs the State Council of Higher Education for Virginia to establish alternative, equivalent standards for students with intellectual disabilities.
