Limitations period; previously time-barred actions;sexual abuse; two-year time period to file. Creates a two-yeartime period, on or after July 1, 2020, but before July 1, 2022, within which persons previously time-barred from filing an action for injuryto such person for sexual abuse occurring during the infancy or incapacityof such person due to the expiration of the statute of limitationsmay file such an action.
Income tax; rolling conformity with the Internal Revenue Code; nonconformance with certain amendments. Provides that Virginia shall generally conform to federal tax laws on a rolling basis, meaning that Virginia tax laws incorporate changes to the Internal Revenue Code as soon as Congress enacts them. The bill provides that Virginia will not conform to the reduction in the medical expense deduction floor in the federal Further Consolidated Appropriations Act, 2020. However, the bill also provides that unless subsequently adopted by the General Assembly, Virginia shall not conform to any amendments to the Internal Revenue Code that have an impact of $10 million or more on Virginia tax revenues in the fiscal year in which the amendment was enacted or any of the next four years. The Secretary of Finance, in consultation with the Chairmen of the Senate Committee on Finance and the House Committees on Appropriations and Finance, shall be responsible for determining when an amendment meets these criteria. The Secretary of Finance shall also provide an annual report to such Chairmen on the fiscal impact of amendments to the Internal Revenue Code. The bill applies to taxable years beginning on and after January 1, 2019.
Prostitution-related crimes; minors; penalties. Makes it a Class 6 felony for an adult to visit a bawdy place with a minor when he knows that the bawdy place is used or to be used for lewdness, assignation, or prostitution. The bill also adds felony violations of such offense to (i) the list of offenses for which registration in the Sex Offender and Crimes Against Minors Registry is required, (ii) the definition of violent felony for the purposes of the sentencing guidelines, (iii) the list of predicate criminal acts that constitutes the definition of street gangs, (iv) the list of offenses that may constitute racketeering under the Virginia Racketeer Influenced and Corrupt Organization Act, and (v) the offenses that may be investigated by a multi-jurisdiction grand jury. The bill also makes applicable to all persons, regardless of the gender of the victim, the crimes of (a) assisting or aiding in the abduction of or threatening to abduct a female under 16 years of age for the purpose of concubinage or prostitution, which the bill also changes to include any person under 18 years of age, and (b) placing or leaving one's wife in a bawdy place.
Release of balloons; prohibition.Reduces the number of balloons per hour that a person may releasewithout penalty from 49 to one.
Sanctions; improper purpose; claims filed in retaliation for certain actions. Provides that for the purpose of awarding sanctions improper purpose includes certain claims filed in retaliation for or in order to discourage actions taken by victims of violence to obtain an order of protection or criminal charges based on such conduct.
Income tax; subtraction for low-income military veterans with a permanent service-connected disability. Provides an income tax subtraction for the military retirement income received by a veteran who has been rated with a 100 percent service-connected, permanent, and total disability. The bill provides that the subtraction is available only to those taxpayers whose federal adjusted gross income is not greater than 150 percent of the federal poverty level for a four-person household. This bill incorporates HB 125.
Common-law crime of suicide. Abolishes thecommon-law crime of suicide. Suicide is currently a common-law crimein Virginia, although there is no statutorily prescribed punishment.
Compensation of experts in criminal cases. Increases from $750 to $1,200 the maximum fee that the court may pay for professional services rendered by each psychiatrist, clinical psychologist, or other expert appointed by the court to render professional service in a criminal case other than capital murder. The provisions of the bill are contingent on funding in a general appropriation act.
Juvenile law-enforcement records; disclosuresto school principals. Changes from discretionary to mandatory that the chief of police of a city or chief of police or sheriffof a county disclose to a school principal all instances where ajuvenile at the principal's school is a suspect in or has been chargedwith a violent juvenile felony, an arson offense, or a concealedweapon offense and adds an offense that requires a juvenile intakeofficer to make a report with the school division superintendentto the list of such instances that must be disclosed to a schoolprincipal for the protection of the juvenile, his fellow students,and school personnel.
Supplementing compensation of public defender.Requires the governing body of any county or city that electsto supplement the compensation of the attorney for the Commonwealth,or any of their deputies or employees, above the salary of any suchofficer, deputy, or employee, to supplement the compensation of thepublic defender, or any of his deputies or employees, in the sameamount as the supplement to the compensation of the attorney for the Commonwealth, or any of his deputies or employees.
Guardianship and conservatorship petitions; identifying characteristics of the respondent. Adds certain identifying characteristics of the respondent to the content requirements of a petition for the appointment of a guardian, a conservator, or both if such petition contains a statement that the respondent is a threat of harm to himself or others. The bill further requires that such identifying characteristics be included in the information sent to the Criminal Records Exchange by the clerk if such a statement is included in the petition.
Driving under the influence. Provides thatthe provisions regarding driving or operating a motor vehicle, engine,or train while intoxicated and the provisions regarding operatinga motor vehicle by a person under the age of 21 after illegally consumingalcohol shall not apply to any person driving or operating a motorvehicle on his own residential property or the curtilage thereof.
