Gender-neutral terms; prohibitions on same-sexmarriage and civil unions removed from Code; certain gender-specificcrimes; penalty. Replaces the terms "husband" and "wife" as wellas related terms with gender-neutral terms throughout the Code tocomport with the United States Supreme Court decision in Obergefellv. Hodges, 576 U.S. ___ (June 26, 2015). The bill also repealsthe statutory prohibitions on same-sex marriages and civil unionsor other arrangements between persons of the same sex purportingto bestow the privileges and obligations of marriage, and it makesconforming changes to various laws involving married individualsand their rights stemming from marriage. Further,the bill makes applicable to all persons, regardless of the genderof the victim, the crimes of (i) assisting or aiding in the abductionof or threatening to abduct a female under 16 years of age for the purpose of concubinage or prostitution; (ii) placing or leavingone's wife in a bawdy place; and (iii) defaming the chaste characterof a female. The bill provides that a defendant placed on probationmay be ordered to provide support for the defendant's spouse; currently,the law only provides for support of a defendant's wife. The billalso amends various criminal and criminal procedure laws to make them applicable to both same-sex and opposite-sex married couples. Finally,the bill repeals the crime of adultery.
Inquiry and report of immigration status; personscharged with or convicted of certain crimes. Removes provisionsrequiring (i) jail officers to ascertain the citizenship of any inmatetaken into custody at a jail, (ii) probation and parole officersto inquire as to the citizenship status of an individual convictedof a felony in circuit court and referred to such officers, and (iii)officers in charge of correctional facilities to inquire as to thecitizenship of any person committed to a correctional facility, and therefore such information is not required to be reported to theCentral Criminal Records Exchange of the Department of State Police.The bill also removes the mandatory duty of the clerk of a courtcommitting a convicted alien to a correctional facility to furnishrelated court records to a United States immigration officer andthe requirement that an intake officer report to the Bureau of Immigrationand Customs Enforcement of the U.S. Department of Homeland Securityany juvenile detained on an allegation that the juvenile, believedto be in the United States illegally, committed a violent felony.
Virginia Food Access Investment Program and Fund. Creates the Virginia Food Access Investment Program and Fund to provide funding for the construction, rehabilitation, equipment upgrades, or expansion of grocery stores, small food retailers, and innovative food retail projects, defined in the bill, in underserved communities. The provisions of the bill are contingent on funding in a general appropriation act.
Contracts with design professionals; provisionsrequiring a duty to defend void. Provides that a provision containedin a contract between an architect or professional engineer and anypublic body relating to the planning or design of a building requiringthe architect or professional engineer to defend another party tothe contract or a named indemnitee against liability for damage arisingout of bodily injury to persons or damage to the property sufferedin the course of the performance of the contract that is caused byor that resulted solely from the negligence of such other party isagainst public policy and is void and unenforceable.
Motion picture production tax credit; media related exemptions. Extends from January 1, 2022, to January 1, 2027, the sunset of the motion picture production tax credit and transfers the certifying authority for the credit from the Virginia Film Office to the Virginia Tourism Authority. The bill also extends from July 1, 2022, to July 1, 2027, the sunset for certain sales tax exemptions related to film production and distribution. This bill is identical to HB 1318.
Assisted living facilities; individualized service plans. Requires the Board of Social Services to amend its regulations governing assisted living facility individualized service plans to require (i) that individualized service plans be reviewed and updated (a) at least once every 12 months or (b) sooner if modifications to the plan are needed due to a significant change in the resident's condition and (ii) that any deviation from the individualized service plan be documented in writing or electronically, include a description of the circumstances warranting deviation and the date such deviation will occur, certify that notice of such deviation was provided to the resident or his legal representative, be included in the resident's file, and in the case of deviations that are made due to a significant change in the resident's condition, be signed by an authorized representative of the assisted living facility and the resident or his legal representative.
Deferred dispositions; property crimes; larceny and receiving stolen goods. Provides that a court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions for a first offense misdemeanor larceny provided such person has not previously been convicted of any felony or had a prior deferred disposition for the same offense. The bill also provides that deferred disposition will no longer be allowed for peeping crimes. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. This bill incorporates HB 1592 and is identical to SB 286.
Removal of dangerous roadside conditions; local option. Authorizes any locality, by ordinance, to require the owner of any property located adjacent to a right-of-way maintained by the Virginia Department of Transportation to remove any and all trees, tree limbs, shrubs, high grass, or other substance that might dangerously obstruct the line of sight of a driver, be involved in a collision with a vehicle, or interfere with the safe operation of a vehicle. This bill is identical to HB 284.
Emergency medical services agency; dissolution; return of property purchased with public funds. Provides that upon dissolution of an emergency medical services agency, any property that was in the possession of such emergency medical services agency and that was purchased using public funds shall be offered to a city or county that was served by the emergency medical services agency to be used for life-saving purposes.
Admission to bail; rebuttable presumptions against bail. Eliminates the provision prohibiting a judicial officer who is a magistrate, clerk, or deputy clerk of a district court or circuit court from admitting to bail, that is not set by a judge, any person who is charged with an offense giving rise to a rebuttable presumption against bail without the concurrence of an attorney for the Commonwealth. The bill also eliminates the requirement that notice be provided to the attorney for the Commonwealth before such judicial officer may set or admit a person to bail.
Performance of laboratory analysis; cannabidioloil; THC-A oil; tetrahydrocannabinol. Provides that no person employed by an analytical laboratory to retrieve, deliver, or possess cannabidiol oil or THC-A oil samples from a permitted pharmaceuticalprocessor for performing required testing shall be prosecuted forthe possession or distribution of cannabidiol oil or THC-A oil forstoring cannabidiol oil or THC-A oil for testing purposes in accordancewith regulations promulgated by the Board of Pharmacy. The bill requirespractitioners to register with the Board of Pharmacy to conduct laboratoryanalysis on tetrahydrocannabinol or marijuana and exempts practitionersconducting laboratory research on tetrahydrocannabinol from furnishingevidence of federal registration. The bill contains an emergencyclause.
Statewide prioritization process; primary evacuation routes. Requires the Office of Intermodal Planning to include in the results of screening candidate projects in the Six-Year Improvement Program whether such projects are located on a primary evacuation route.
