Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.
Virginia Real Estate Time-Share Act; partial termination of certain time-shares. Allows for the partial termination of a time-share project by a developer or an association and provides the procedures for any such partial termination. The bill also sets a one-year statute of limitations on any legal challenge or action for damages or equitable relief arising out of any termination of a time-share project in accordance with the provisions of the Virginia Real Estate Time-Share Act. The bill's provisions are declared to be effective retroactive in accordance with certain provisions of the Virginia Real Estate Time-Share Act. This bill is identical to HB 1241.
Behavioral health technicians; behavioral health technician assistants; qualified mental health professionals; qualified mental health professional-trainees; scope of practice, supervision, and qualifications. Adds behavioral health technicians and behavioral health technician assistants to the professions governed by the Board of Counseling. The bill also establishes qualification, scope of practice, and supervision requirements for qualified mental health professionals and qualified mental health professional-trainees. The bill directs the Board of Counseling to adopt regulations governing the behavioral health technician, behavioral health technician assistant, qualified mental health professional, and qualified mental health professional-trainee professions by November 1, 2024, and for the Department of Behavioral Health and Developmental Services and the Department of Medical Assistance Services to promulgate regulations that align with the regulations adopted by the Board of Counseling in accordance with the bill.
Individual income tax subtraction; income earned in certain localities. Directs the Department of Taxation and the Commission on Local Government to assess the need for income tax relief in double distressed localities in the Commonwealth that have experienced significant loss of population since 2013. The Department and the Commission must report on their recommendations to the Governor and the Chairmen of the Senate Committee on Finance and Appropriations and the House Committees on Finance and Appropriations by November 1, 2024.
Gaming; posting of illegal gaming tip line information. Requires those legally authorized to sell Virginia lottery tickets or conduct charitable gaming, horse racing with pari-mutuel wagering, and casino gaming in the Commonwealth to post in a conspicuous place on their premises a sign that bears the toll-free telephone number and website of the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police for members of the public to report concerns about, or suspected instances of, illegal gaming activities. This bill incorporates SB 348.
Virginia Employment Commission; appeals proceedings;appeal tribunals and Board of Review; repeal. Specifies that any determination made by the Virginia Employment Commission in regard to any amount required to be deducted and withheld from unemployment compensation for purposes of child support obligations is final. The bill contains a number of technical amendments related to the Commission's appeals proceedings. The bill also repeals provisions related to appeal tribunals and the Commission-appointed Board of Review and contains technical amendments. This bill is identical to HB 1453.
Alcoholic beverage control; annual mixed beverage performing arts facility licenses; on-and-off premises wine and beer licenses. Defines performing arts facility and sports facility and standardizes the eligibility criteria for annual mixed beverage performing arts facility licenses and on-and-off-premises wine and beer licenses for performing arts food concessionaires. Under current law, the eligibility criteria for such licenses varies by location and includes inconsistent ownership, lease, capacity, and seating requirements. The bill also removes provisions that allow the Board of Directors of the Virginia Alcoholic Beverage Control Authority to grant annual mixed beverage motor sports facility licenses and motor car sporting event facility licenses and creates an annual mixed beverage sports facility license, which may be granted to persons operating a sports facility or food concessions at a sports facility and would authorize the licensee to sell mixed beverages during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. This bill is identical to HB 1349, SB 180, SB 400, and SB 724.
Line of Duty Act; payment of benefits. Increases from $25,000 to $75,000 the death benefit payout under the Virginia Line of Duty Act for a death caused by occupational cancer, respiratory disease, or hypertension or heart disease for those deaths that will occur on or after January 1, 2025. This bill is identical to SB 649.
Wrongful incarceration; compensation. Provides that any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive, in addition to the compensation for wrongful incarceration specified under current law, not less than $30,000 for each year or fraction thereof (i) of imprisonment after being sentenced to death, (ii) served on parole or postrelease supervision, or (iii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry. The bill further requires that the amount paid to the person wrongfully incarcerated shall be in the form of a lump sum; under current law, only the initial 25 percent of an award is required to be paid in lump sum form.The bill further removes (a) the requirement that a wrongfully incarcerated person who is compensated is required to execute a release and waiver releasing the Commonwealth or political subdivision thereof from any present or future claims the person receiving compensation may have against such entity and arising out of the factual situation in connection with the conviction for which compensation is being sought and (b) the bar against receiving compensation if such wrongfully incarcerated person received any funds pursuant to a settlement agreement with any person or entity for compensation or damages arising out of the factual situation in connection with the conviction. The bill replaces such requirement with a provision allowing for the wrongful incarceration compensation award to be offset by any such award in a civil action or settlement.
Health insurance; health care provider panels; continuity of care. Requires a provider to continue to render health care services to any of the carrier's enrollees who have an existing provider-patient relationship with the provider for a period of at least 90 days from the date of a provider's termination from the carrier's provider panel, except when a provider is terminated for cause. The bill provides that for an enrollee who has an existing provider-patient relationship with a provider, and, at the time of the provider's termination, (i) has been medically confirmed to be pregnant, the provider is required to continue care through the postpartum period; (ii) is determined to be terminally ill, the provider is required to continue care for the remainder of the enrollee's life; (iii) has been determined by a medical professional to have a life-threatening condition, the provider is required to continue care for up to 180 days; and (iv) is admitted to and receiving treatment in an inpatient facility, the provider is required to continue care until the enrollee is discharged from the inpatient facility. Under current law, the carrier is required to permit the provider to provide such continuity of care. The bill provides that the continuity of care provisions also apply to plans administered by the Department of Medical Assistance Services that provide benefits pursuant to Title XIX or Title XXI of the Social Security Act.
PA Licensure Compact. Authorizes Virginiato become a signatory to the PA Licensure Compact. The Compact permitseligible physician assistants to practice in Compact-participatingstates, provided that they are licensed in at least one participatingstate. The Compact has been passed in three states and takes effectwhen it is enacted by a seventh participating state or upon the effectivedate of the bill, whichever is later.
Board of Housing and Community Development;mold inspections. Prohibits any local building department fromissuing a building permit until the local building department receivescertification from the owner or his agent that the building has beeninspected for the presence of black mold and that no black mold wasfound or that appropriate remediation will be undertaken in accordancewith the requirements of the Uniform Statewide Building Code. Thebill directs the Board of Housing and Community Development to adoptemergency regulations to implement the provisions of the bill relating to the requirements of the Uniform Statewide Building Code. The provisionsof the bill relating to the issuance of a building permit containa contingent effective date, to be certified in writing by the CodeCommission, to take effect on the date on which the emergency regulationsbecome effective.
