Protection of memorials for war veterans. Provides that it is unlawful for localities or individuals to disturb or interfere with certain monuments, markers, and memorials for war veterans or to prevent citizens from taking proper measures and exercising proper means for the protection, preservation, and care of the monuments, markers, or memorials. The bill describes \"disturb or interfere with\" to include removing, damaging, or defacing monuments, markers, or memorials or, in the case of the Civil War, placing Union markings or monuments on previously designated Confederate memorials or placing Confederate markings or monuments on previously designated Union memorials. The bill also deletes current provisions that allow localities to remove, relocate, contextualize, or cover such monuments or memorials. The bill changes an existing advisory referendum provision by limiting its applicability to those monuments, markers, and memorials that were erected at least 40 years ago and by requiring a two-thirds majority vote, both by voters and by the governing body, before any monument can be removed, relocated, or covered. The bill also establishes a process whereby any person with an interest can initiate an action against a person or locality that damages or defaces a publicly owned monument if a locality or its officers have failed to take such action within 60 days of the damage or defacement.
Actions for medical malpractice; minors; gender transition procedures. Provides a 20-year statute of limitations for any cause of action for personal injury or wrongful death accruing on or after July 1, 2025, on behalf of a person who was a minor at the time the cause of action accrued against a health care provider for medical malpractice wherein the act or omission giving rise to such cause of action occurred during a gender transition procedure, as defined in the bill, on such minor.
Mattress Stewardship Program established; report; civil penalties. Establishes the Mattress Stewardship Program that allows certain industry associations to administer the Program as a mattress recycling organization with approval and certification from the Department of Environmental Quality. The bill requires certain producers, retailers, and renovators of mattresses to register with a certified mattress recycling organization and requires a producer to identify each mattress brand it sells or offers for sale in the Commonwealth on or before June 1, 2027. Prior to the Program going into effect, the bill requires a mattress recycling organization to submit a plan with certain criteria relating to the collection and recycling of mattresses and the implementation of the Program. The bill establishes annual reporting requirements for the mattress recycling organization and establishes a Mattress Stewardship Program Advisory Board to provide advice on the proper implementation and sustainability of the Program. Finally, the bill establishes the powers and duties of the Department as they relate to the bill and civil penalties for violations of the Program by the producers, the retailers, or the mattress recycling organization.
Prohibited applications and websites; private civil action. Prohibits TikTok, Inc. and ByteDance Ltd. from providing access to TikTok to any child within the Commonwealth and allows a child or the child's parent, guardian, or legal custodian to bring an action against TikTok, Inc. or ByteDance Ltd. for providing such access. The bill provides that if a plaintiff prevails in such action, he may recover (i) damages of $75,000 for each discrete violation, (ii) other damages, and (iii) reasonable costs and attorney fees. The bill also allows a plaintiff to recover punitive damages if the defendant knowingly provided the child access. The bill provides that it shall be an affirmative defense that TikTok, Inc. or ByteDance Ltd. did not reasonably know or have reason to know of the provision of such access of TikTok to a child in the Commonwealth. The bill also specifies that such civil action shall not be brought by the Commonwealth, its agencies, its political subdivisions, an attorney for the Commonwealth, a city or county attorney, nor any officer or employee of the Commonwealth, its agencies, or its political subdivisions acting in his official capacity.
Designating or nominating historic landmarks; notice requirements. Removes the requirements for the Department of Historic Resources to provide written notice to an owner or his agent of property abutting or immediately across the street or road of property proposed to be designated or nominated as a historic landmark. The bill directs the Department to schedule a public hearing at the seat of government of the locality in which the property proposed to be designated or nominated as a historic landmark is located at a time and place that will allow for the attendance of the affected general public. Current law applies such time and place requirements only for affected property owners. Finally, the bill changes the time in which the Department must specify the time and place of the public notice published in the newspaper having general circulation in the locality from not less than six days nor more than 21 days after the second publication of the notice to not more than 30 days and not less than seven days before the public hearing.
Telework by local government employees. Establishes a framework for localities to establish and implement a telework policy for local government employees. The bill specifies that such policy shall require all employees applying for telework to submit a standard telework agreement as provided by the locality and shall include provisions requiring (i) department head approval for any telework agreement where one telework day per week is requested, (ii) chief administrative officer approval for any telework agreement where two telework days per week are requested, and (iii) local governing body approval for any telework agreement where more than two telework days per week are requested. The bill has a delayed effective date of July 1, 2026.
Road impact fees. Lowers one of the local government population requirements for eligibility to adopt a road impact fee ordinance from a population of at least 20,000 and a population growth rate of at least five percent to a population of at least 15,000 with no growth rate requirement.
Discovery. Allows the accused to request the Commonwealth to copy or photograph any discovery materials or evidence he is permitted to inspect and review, including relevant police reports, witness statements, and the name and contact information of any potential witness, and requires the Commonwealth to provide such copies or photographs, electronically or otherwise, to him or his counsel. The bill also requires all attorneys for the Commonwealth to provide (i) discovery material for all courts to counsel of record for the accused, if requested, by electronic means, defined in the bill, unless such material is prohibited from being distributed by law or impossible to provide by electronic means and (ii) to counsel of record for the accused, if requested, in any district court a copy of any police report by electronic means at least 10 days prior to the date the case is set for trial.Lastly, the bill requires the attorney for the Commonwealth to provide a copy of a person's criminal history record information, including criminal history record information maintained in the National Crime Information Center and the Interstate Identification Index System that is in his possession, pursuant to the rules of court for obtaining discovery or for review by the court. Current law provides that nothing shall preclude the dissemination of a person's criminal history record information pursuant to such rules of court but does not require the attorney for the Commonwealth to provide the copy nor identify specific types of information. This bill was incorporated into HB 1627.
Living Shoreline Grant Fund established. Establishes the Living Shoreline Grant Fund to be administered by the Marine Resources Commission for the purpose of awarding grants to a local government or a federally recognized tribe in the Commonwealth to match federal or other matching funds. The bill requires such grants be used for the construction, renovation, or improvement of living shorelines greater than 1.5 miles in any shore angle direction. The bill requires the Commission to give priority to projects that (i) are located on public lands, (ii) demonstrate the ability for the living shoreline to migrate upland over time through documented control of upland properties, or (iii) are identified as priorities in the Virginia Coastal Resilience Master Plan.
Admissibility of statements by children in certain cases. Increases from younger than 13 years of age to younger than 15 years of age at the time of trial or hearing the child age range for the hearsay exemption for an out-of-court statement made by a child who is the alleged victim of an offense against children describing any act directed against the child relating to such alleged offense.
Attorney General; distribution of 599 funding to distressed localities with high crime and poverty rates; advisory work group. Directs the Attorney General to convene a work group for the purpose of advising on the distribution of 599 funding to distressed localities with high crime and poverty rates. The work group shall include legislators and local elected officials who represent distressed localities and other persons with relevant experience and expertise.
Search warrants; electronic records; commercial enterprise; domestic and foreign corporations. Provides that, for the purposes of search warrants, \"any object, thing, or person\" includes electronic records stored within or outside the Commonwealth of a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth that constitute evidence of the commission of crime. The bill requires the affidavit for any search warrant issued for such records of a foreign corporation to contain a statement that the complainant believes such records are actually or constructively possessed by such foreign corporation. Lastly, the bill establishes a procedure for the execution of a search warrant for such records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth.
