Custody and visitation arrangements; best interestsof the child; expert testimony; history of abuse. Requires acourt to consider any history of family abuse, sexual abuse, childabuse, or an act of violence, force, or threat in determining bestinterests of a child for purposes of determining custody or visitationarrangements. Under current law, only such history that occurredno earlier than 10 years prior to the filing of a custody or visitationpetition is required to be considered. The bill also requires thatany expert evidence from a court-appointed or outside professionalrelating to any alleged abuse of a child subject to such petitionshall only be admitted if such professional possesses demonstratedexpertise and clinical experience in working with victims of thetype of such abuse alleged that is not solely of a forensic nature.The bill further directs the Office of the Executive Secretary ofthe Supreme Court of Virginia to provide mandatory judicial trainingon trauma-informed practices in proceedings involving domestic violenceto magistrates and judges of the juvenile domestic relations districtcourts, general district courts, circuit courts, and the Court ofAppeals of Virginia, the justices of the Supreme Court of Virginia,and court personnel.
Termination of parental rights; sexual abuse;clear and convincing standard; petition filed by other parent.Allows a parent to file a petition to terminate the parental rightsof the other parent if the circumstances giving rise to such a petitionallege that such parent engaged in conduct prohibited by relevantlaw relating to sexual abuse, whether or not the parent has beencharged with or convicted of the alleged violation, and the childwas conceived of such conduct. Thebill further requires the court to issue an order terminating theparental rights of a parent upon a finding, based on clear and convincingevidence, that (i) such parent engaged in the conduct prohibited byrelevant law relating to sexual abuse, whether or not the parenthas been charged with or convicted of the alleged violation, and the child was conceived of such conduct and (ii) termination of the parentalrights of such parent is in the best interests of the child. Thebill specifies that, if such parent is found by clear and convincingevidence to have engaged in the prohibited conduct resulting in theconception of such child, there shall be a rebuttable presumptionthat termination is in the best interest of the child, but no presumptionshall be made by the court that one parent alone is contrary to thebest interests of the child.
Visitation; petition of grandparent. Removesthe provision providing that, in any case or proceeding in which agrandparent has petitioned the court for visitation with a minor grandchild,and a natural or adoptive parent of the minor grandchild is deceasedor incapacitated, the grandparent who is related to such deceasedor incapacitated parent shall be permitted to introduce evidence ofsuch parent's consent to visitation with the grandparent, in accordancewith the rules of evidence and that, if the parent's consent is provenby a preponderance of the evidence, the court may then determine ifgrandparent visitation is in the best interest of the minor grandchild.
Best interests of the child; assuring frequentand continuing contact with both parents. Provides that, in determiningthe best interests of a child for purposes of custody and parentingtime arrangements, upon request of either party, the court shallassure a minor child of frequent and continuing contact with bothparents so as to maximize the amount of time the minor child spendswith each parent.
Zoning; development and use of accessory dwellingunits. Requires a locality to include in its zoning ordinancesfor single-family residential zoning districts accessory dwellingunits, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from thelocality, requires the locality to issue such permit if the personmeets certain requirements enumerated in the bill, and restrictsthe fee for such permit to $100 or less. The bill prohibits the localityfrom requiring (i) dedicated parking for the ADU; (ii) lot sizesor setbacks for the ADU greater than that of the primary dwelling;(iii) consanguinity or affinity between the occupants of the ADUand the primary dwelling; and (iv) redundant water, sewer, or septiccapacity for the ADU. The bill has a delayed effective date of January1, 2025.
Firearm safety device tax credit; definition of firearm safety device. Expands the definition of "firearm safety device" as it relates to the firearm safety device tax credit to include any device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device. This bill was incorporated into HB 35.
Uniform Electronic Estate Planning DocumentsAct. Permits electronic nontestamentary estate planning documents,defined in the bill as certain enumerated records relating to estateplanning that are readable as text at the time of signing and arenot wills or contained in wills, to be signed and notarized, as appropriate,by electronic means. The bill provides that such electronic nontestamentaryestate planning documents shall not be denied legal effect or enforceabilityor excluded as evidence in a proceeding solely because such documentsare in electronic form. The bill also allows for the electronic presence,as that term is defined in the bill, of any witness who is otherwiserequired by law to be in the physical presence of the person signingthe nontestamentary estate planning document.
Virginia Gun Violence Intervention and Prevention Grant Program and Fund; firearm and ammunition tax. Establishes the Virginia Gun Violence Intervention and Prevention Grant Program (the Program) and redirects funds from the Virginia Gun Violence Intervention and Prevention Fund (the Fund) to support such program. The bill requires the Program be administered by the Department of Criminal Justice Services (the Department) to distribute grants to localities and organizations for the purpose of improving public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly homicides, shootings, and aggravated assaults. The bill provides that funds may also be used to finance the hiring of counselors in public elementary and secondary schools and research initiatives that have the objective of reducing gun violence.The bill provides that the Department shall issue grants on a competitive basis. As a condition of receiving a grant, a locality or organization must commit a cash or in-kind contribution equivalent to the amount of the grant, with waivers allowed for good cause, and report on its progress toward achieving the grant's objectives. The bill requires the Department to provide public access to such reports.The bill imposes a five percent tax on the sale of any firearm or ammunition, with all revenue from the tax accruing to the Fund. Under the bill, firearm and ammunition sales to state or local agencies or law-enforcement officers are exempt from such tax.
Conservation of trees; Town of Vienna. Allows the Town of Vienna, by ordinance, to require that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopies or covers 10 years after development is projected to meet specified coverage criteria. Under current law, the criteria apply to tree canopies or covers 20 years after development. This bill was incorporated into HB 1100.
Weapons; possession or transportation; facility that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to possess in or transport into any facility that provides mental health services or developmental services in the Commonwealth, including a hospital or an emergency department or other facility rendering emergency medical care, any (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) other dangerous weapon, including explosives and stun weapons. The bill provides that any such firearm, knife, explosive, or weapon is subject to seizure by a law-enforcement officer and specifies exceptions to the prohibition.
Conservation of trees during land development process; authorized localities. Allows any locality to adopt an ordinance providing for the conservation of trees during the land development process. Under current law, only a locality within Planning District 8 (Northern Virginia) that meets certain population density and nonattainment classification criteria is authorized to adopt such an ordinance. This bill was incorporated into HB 1100.
Recognizing rights of women; affirming biological differences between the sexes for purposes of laws of the Commonwealth. Recognizes the rights of women by affirming that for purposes of the laws of the Commonwealth, a person's sex is defined as his or her biological sex, either male or female, at birth.
