Virginia 2022 Regular Session All Bills
VA
Virginia 2022 Regular Session
Virginia House Bill HB608
Introduced
1/11/22
Refer
1/11/22
School boards; unexpended local funds; capital projects. Permits any school board to finance capital projects with any funds appropriated to it by the local governing body that are unexpended by the school board in any year. The bill is a recommendation of the Commission on School Construction and Modernization.
VA
Virginia 2022 Regular Session
Virginia House Bill HB609
Introduced
1/11/22
Refer
1/11/22
Civil action for the deprivation of rights; duties and liabilities of certain employers. Creates a civil cause of action for the deprivation of any rights, privileges, or immunities pursuant to the constitutions and laws of the United States and the Commonwealth due to the acts or omissions of either a public employer or its employee and provides that a plaintiff may maintain an action to establish liability and recover compensatory damages, punitive damages, and equitable relief against the public employer and its employee. The bill provides that sovereign immunity is not a defense to such an action. The bill further provides that public employers owe a duty of reasonable care to third parties in the hiring, supervision, training, retention, and use of their employees and that a person who claims to have suffered injury or sustained damages caused, in whole or in part, by a breach of this duty may maintain an action to establish liability and recover compensatory damages, punitive damages, and equitable relief against such public employer.
VA
Virginia 2022 Regular Session
Virginia House Bill HB61
Introduced
1/3/22
Refer
1/3/22
Overtime pay requirements; volunteers. Permits individuals who work as both employees and on a volunteer basis for a public body, church, or nonprofit organization to earn overtime wages for hours worked as an employee only and continues to exclude hours worked on a volunteer basis from overtime wage requirements.
VA
Virginia 2022 Regular Session
Virginia House Bill HB610
Introduced
1/11/22
Refer
1/11/22
Cemeteries; interment rights; proof of kinship. Allows a family member or descendant of a deceased person buried in a cemetery that is located on private property to petition the circuit court of the county or city where the property is located for interment rights upon such property. The bill provides that such family member or descendant may prove kinship to the court through official documentation or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased person interred on the private property, family photographs, or other documentation deemed by the court to be reliable. The bill requires, upon satisfactory showing of proof of kinship, a private property owner to allow such family member or descendant access to the property for the purpose of interment.
VA
Virginia 2022 Regular Session
Virginia House Bill HB611
Introduced
1/11/22
Refer
1/11/22
Conduct of law-enforcement officers; establishment of an Early Identification System. Requires the Department of Criminal Justice Services (the Department) to establish a best practices model for the implementation, training, and management of an Early Identification System (EIS). The bill defines an EIS as a system through which a law-enforcement agency collects and manages data to identify and assess patterns of behavior, including misconduct and high-risk behavior, or performance of law-enforcement officers and law-enforcement agency employees. The bill directs each sheriff or chief of police to implement an EIS by July 1, 2024, and requires that law-enforcement officers receive training prior to implementation of the EIS and annually thereafter. The bill also directs the Department to establish and administer written policies and procedures for law-enforcement agencies to report to the Office of the Attorney General all judgments or settlements in cases relating to negligence or misconduct of a law-enforcement officer.
VA
Virginia 2022 Regular Session
Virginia House Bill HB612
Introduced
1/11/22
Refer
1/11/22
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance committed on or after July 1, 2022, from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance committed on or after July 1, 2022, from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. The bill also provides that, for the purposes of the offense of possession of controlled substances, the term "controlled substance" does not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a usable quantity or a countable dosage unit. The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense or for an offense under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute. The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. The bill contains technical amendments.
VA
Virginia 2022 Regular Session
Virginia House Bill HB613
Introduced
1/11/22
Refer
1/11/22
Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution. Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution.
VA
Virginia 2022 Regular Session
Virginia House Bill HB614
Introduced
1/11/22
Refer
1/11/22
Report Pass
2/7/22
Engrossed
2/10/22
Engrossed
2/11/22
Refer
2/14/22
Report Pass
2/21/22
Enrolled
2/25/22
Vetoed
5/27/22
Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.
VA
Virginia 2022 Regular Session
Virginia House Bill HB615
Introduced
1/11/22
Refer
1/11/22
Report Pass
2/3/22
Engrossed
2/8/22
Refer
2/10/22
Report Pass
3/2/22
Enrolled
3/10/22
Chaptered
4/8/22
Passed
4/8/22
Sale of cemeteries owned by a locality; notice to descendants. Provides that no cemetery owned by a county or city shall be sold to a private owner unless the county or city has made a good faith effort to ensure, prior to sale, that the ownership of such cemetery is vested in the estate of the last owner of record or that permission for the sale has been granted by the family members or descendants of such owner. The bill describes a good faith effort as an attempt by the county or city to contact all known family members and descendants of the last owner of record no less than three separate times by phone, mail, or visiting the last known address of record for such family members or descendants. The bill requires a county or city to keep written records of each attempt to contact a family member or descendant.
VA
Virginia 2022 Regular Session
Virginia House Bill HB616
Introduced
1/11/22
Refer
1/11/22
Report Pass
2/11/22
Engrossed
2/14/22
Refer
2/16/22
Report Pass
2/21/22
Enrolled
2/25/22
Chaptered
4/8/22
Passed
4/8/22
Board of zoning appeals; funding. Provides that upon request of the board of zoning appeals (BZA), a governing body shall consider appropriation of funds so that the BZA may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. The bill also provides that if a BZA has needs that surpass the budgeted amount, the governing body shall review the BZA's request. Existing law allows such BZA expenditures "within the limits of funds appropriated by the governing body." Board of zoning appeals; funding. Provides that upon request of the board of zoning appeals (BZA), a governing body shall consider appropriation of funds so that the BZA may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. The bill also provides that if a BZA has needs that surpass the budgeted amount, the governing body shall review the BZA's request. Existing law allows such BZA expenditures "within the limits of funds appropriated by the governing body."
VA
Virginia 2022 Regular Session
Virginia House Bill HB617
Introduced
1/11/22
Refer
1/11/22
Discretionary sentencing guidelines; prior convictions and juvenile adjudications. Provides that, for the purposes of discretionary sentencing, previous convictions shall not include (i) any adult conviction more than 10 years prior to the date of the commission of the present offense, unless the prior adult conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months for the offense, and the defendant has committed another violent felony within a 15-year period between the date of the defendant's sentencing for the prior offense and commission of the present offense and (ii) any juvenile adjudications of delinquency or any juvenile convictions, unless the juvenile was tried as an adult and the conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months, and the date of offense was within the 10 years preceding sentencing for the present offense. The bill also provides that juvenile adjudications of delinquency and certain adult prior convictions shall not serve as the basis for any sentencing enhancement in an adult criminal case. Discretionary sentencing guidelines; prior convictions and juvenile adjudications. Provides that, for the purposes of discretionary sentencing, previous convictions shall not include (i) any adult conviction more than 10 years prior to the date of the commission of the present offense, unless the prior adult conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months for the offense, and the defendant has committed another violent felony within a 15-year period between the date of the defendant's sentencing for the prior offense and commission of the present offense and (ii) any juvenile adjudications of delinquency or any juvenile convictions, unless the juvenile was tried as an adult and the conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months, and the date of offense was within the 10 years preceding sentencing for the present offense. The bill also provides that juvenile adjudications of delinquency and certain adult prior convictions shall not serve as the basis for any sentencing enhancement in an adult criminal case.
VA
Virginia 2022 Regular Session
Virginia House Bill HB618
Introduced
1/11/22
Refer
1/11/22
Possession of controlled substances; barrier crimes. Removes from the definition of barrier crime a felony violation of possession of a controlled substance.
VA
Virginia 2022 Regular Session
Virginia House Bill HB619
Introduced
1/11/22
Refer
1/11/22
Possession of controlled substances; residue. Provides that for the purposes of the crime of possession of controlled substances, "controlled substance" does not include mere residue of any substance that is not a usable quantity or a countable dosage unit. Possession of controlled substances; residue. Provides that for the purposes of the crime of possession of controlled substances, "controlled substance" does not include mere residue of any substance that is not a usable quantity or a countable dosage unit.
VA
Virginia 2022 Regular Session
Virginia House Bill HB62
Introduced
1/3/22
Refer
1/3/22
Report Pass
1/18/22
Engrossed
1/21/22
Refer
1/25/22
Report Pass
2/28/22
Enrolled
3/8/22
Chaptered
4/7/22
Passed
4/7/22
Insurance; obsolete provisions and notice. Removes an exception to the regulation of insurance rates by the State Corporation Commission relating to certain automobile bodily injury and property damage liability insurance policies. The bill removes provisions requiring the Commission to mail a copy of certain orders regarding motor vehicle insurance forms to insurers and rate service organizations and instead requires the Commission to provide notice of such orders. Finally, the bill repeals a provision requiring that coverage of airtrip accident policies extend in certain cases to connecting or returning planes.
VA
Virginia 2022 Regular Session
Virginia House Bill HB620
Introduced
1/11/22
Refer
1/11/22
Interest on fines and costs in criminal cases and traffic infractions. Eliminates the accrual of interest on any fine or costs imposed in a criminal case or in a case involving a traffic infraction. The bill provides that any such fine or costs that have accrued interest prior to July 1, 2022, shall cease to accrue interest on July 1, 2022, and any unpaid interest that has accrued on such fine or costs shall be automatically waived.