Unlawful dissemination or sale of images ofanother; penalty. Increases the penalty for the offense of unlawful dissemination or sale of the image of another from a Class 1 misdemeanorto a Class 4 felony. The bill removes the requirement that a personmust have the intent to coerce, harass, or intimidate another personto be guilty of such unlawful dissemination or sale. The bill alsoexpands the current categories of images that are unlawful to disseminateor sell to include any videographic or still image that depicts another person who is in a state of undress so as not to expose the genitals,pubic area, buttocks, or female breast but such videographic or stillimage is sexual or sensual in nature. Finally,the bill extends from five years to 10 years the statute of limitations for the offense of unlawful creation of the image of another. Thebill also creates a 10-year statute of limitations for the offenseof unlawful dissemination or sale of the image of another. The billstarts the statute of limitations for both offenses at the time thevictim discovers the offense has occurred. Current law starts thestatute of limitations for the offense of unlawful creation of theimage of another upon the commission of the offense.
Abandoned vehicles; owner and lienholder information. Provides that if an abandoned vehicle has been titled in anotherjurisdiction, the Department of Motor Vehicles, in its search for the owner or lienholder of such vehicle, may rely on informationprovided by a business in possession of the abandoned vehicle thatacquired such vehicle from an insurance company in connection witha total loss unresolved claim, provided that such information is obtainedfrom a nationally recognized title database with access to such jurisdiction'srecords about all entities having security interest in such vehicle.The bill requires the business to defend, indemnify, and hold theDepartment and the Commonwealth harmless for damages and costs resulting from such reliance.
Conduct of elections; electoral board to meetto ascertain results; permitted period of adjournment. Permitslocal electoral boards, when meeting after an election to ascertainthe results of such election, to adjourn as needed for a period notto exceed seven calendar days from the deadline for timely postmarkedabsentee ballots to be returned in order to be counted. Under currentlaw, the local electoral boards are permitted to adjourn for a periodnot to exceed seven calendar days from the date of the election.The bill contains technical amendments for organizational purposes.
Property and conveyances; recordation of documents;name changes. Provides that any name change made in relationto a person's marriage or divorce is entitled to be recorded in theclerk's office in which deeds are recorded of the county or cityin which any land or interest in any land that is owned by such personlies. Current law only entitles the name change of a woman madein relation to marriage or divorce to be so recorded.
Research and development expenses tax credits. Creates a step-rate reimbursement structure for the major research and development expenses tax credit in an amount equal to (i) 10 percent, up to the first $1 million, of the difference between (a) Virginia qualified research and development expenses paid or incurred by the taxpayer during the taxable year and (b) 50 percent of the average Virginia qualified research and development expenses paid or incurred by the taxpayer for the three taxable years immediately preceding the taxable year for which the credit is being determined and (ii) five percent of such difference in excess of $1 million. Beginning in taxable year 2023, the bill also (a) imposes an annual per taxpayer major research and development expenses tax credit cap of $300,000, except that such cap increases to $400,000 if the Virginia qualified research was conducted in conjunction with a public or private institution of higher education in the Commonwealth, (b) reduces from $24 million to $16 million the aggregate cap on the major research and development expenses tax credit granted for each fiscal year, and (c) increases from $7.77 million to $15.77 million the aggregate cap on the research and development expenses tax credit granted for each fiscal year beginning in taxable year 2023.
Optometrists; expert witness testimony. Allows an optometrist to testify as an expert witness in a court of law on certain matters within the scope of his practice. This bill is identical to SB 254.
Manufactured home parks; resident rights.Provides that a rental agreement with a term of one year or morewill not be automatically renewed if the tenant notifies the landlord60 days prior to the expiration date of such tenant's intent to notrenew the agreement. The bill permits a tenant to not renew a rentalagreement due to a change in terms of the agreement by the landlordif such tenant notifies the landlord of his intent to not renew therental agreement within 30 days of receiving the notice of the changein terms. The bill allows a landlord to include in a written rentalagreement a late fee, not to exceed 10 percent of the amount of therent due and owed, for unpaid rental payments. The bill increasesfrom 60 days or more to less than one year the term of a rental agreementthat may be terminated by written notice at least 60 days prior tothe termination date of the agreement. Finally, the bill removesthe right of a landlord to evict a tenant for two or more violationsof any rule or provision of the rental agreement occurring withina six-month period.
Optometrists; expert witness testimony. Allows an optometrist to testify as an expert witness in a court of law on certain matters within the scope of his practice. This bill is identical to HB 202.
Department of Environmental Quality; reviewand authorization of projects; hearing and appeal. Allows anyperson aggrieved by the final decision of the Department of EnvironmentalQuality and who has participated in a proceeding for a permit toconstruct or operate a small renewable energy project under proceduresadopted by the Department to seek judicial review of such actionin accordance with the Administrative Process Act in the Circuit Court of the City of Richmond. The bill requires the court to hearand decide such action as soon as practicable after the date of filing.The bill provides that a party in interest to such action will havethe right to appeal to the Supreme Court.
Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts. The bill also limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024. The bill has a delayed effective date of January 1, 2025. This bill is identical to HB 102.
State Department of Social Services; Home Energy Assistance Program. Authorizes the State Department of Social Services to allow applications for the Home Energy Assistance Program to be submitted over an application period that provides adequate time for individuals to apply and is extended beyond the current application period subject to the availability of adequate funding.
Courthouse and website posting of notices.Provides that, effective July 1, 2025, if any notice, summons,order, or other official document of any type is required to be postedpursuant to a provision of the Code on or at the front door of acourthouse or on a public bulletin board at a courthouse, it shall constitute compliance with this requirement if such document is(i) posted on the public government website of the locality served by the court or the website of any court, court clerk, sheriff, orcommissioner of accounts of the locality or (ii) posted with suchother documents at or near the principal public entrance to the courthousein a location that is conspicuous to the public and approved by thechief judge of the circuit in which the courthouse is situated. Underthe law as it currently will become effective July 1, 2025, for thewebsite posting the document must be posted on either the publicgovernment website of the locality served by the court or the websiteof the circuit court clerk.
