Foreign protective orders in cases of family abuse; enforcement. Clarifies that the same criminal penalty applies for any person who violates the provisions of a foreign protective order in a case of family abuse that is accorded full faith and credit and is enforceable in the Commonwealth as if it were an order of the Commonwealth. This bill is a recommendation of the Judicial Council of Virginia and is identical to HB 1781.
Use of restraints on juveniles in court prohibited; exceptions. Prohibits the use of instruments of restraint, as defined in the bill, on a juvenile appearing before the juvenile and domestic relations district court unless, upon motion of the attorney for the Commonwealth or on the court's own motion sua sponte, the court makes a finding that (i) the use of such restraints is necessary (a) to prevent physical harm to such juvenile or another person, (b) because such juvenile has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial threat of serious harm to himself or others as evidenced by recent behavior, or (c) because such juvenile presents a substantial risk of flight from the courtroom and (ii) there are no less restrictive alternatives to such restraints that will prevent flight of or harm to such juvenile or another person, including court personnel or law-enforcement officers. The bill provides that the juvenile shall be entitled to an attorney prior to a hearing on the use of instruments of restraint. The bill also requires the court to provide the juvenile's attorney an opportunity to be heard before the court orders the use of instruments of restraint, and the juvenile's attorney may waive the juvenile's appearance at such hearing. Lastly, the bill requires the court, if such restraints are ordered, to communicate to the parties the basis of the decision either orally or in writing. This bill is identical to SB 1255.
Claims; Michael Haas; compensation for wrongful inclusion on sex offender registry. Provides that any person receiving an award for wrongful incarceration for a felony conviction on and after January 1, 2023, shall receive, in addition to the compensation for the wrongful incarceration, not less than $30,000 for each year or fraction thereof (i) of imprisonment after being sentenced to death or (ii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry after release from incarceration. Current law allows such additional compensation only for persons receiving an award for wrongful incarceration for a felony conviction on and after January 1, 2024.The bill also grants relief in an amount to be appropriated to Michael Haas, who was wrongly convicted of forcible sodomy and, as a result of such wrongful conviction, required to wrongfully register on the sex offender registry.
School board employees; professional development and continuing education; optional programs; children with autism spectrum disorder. Directs the Board of Education to provide guidance on and each school board to provide each year an optional program of high-quality professional development for instructional personnel and school board employees whose duties include regular contact with students on communicating with and supporting students with autism spectrum disorder. The bill provides that any instructional personnel or school board employee who completes such professional development shall be eligible for professional development points toward renewal of his license.
Virginia Community Flood Preparedness Fund; loan and grant program; eligible recipients; federally recognized tribes; Virginia recognized tribes. Expands the type of eligible recipients for loans and grants from the Virginia Community Flood Preparedness Fund to include federally recognized tribes and Virginia recognized tribes. Under current law, only localities are eligible to receive loans or grants from the Fund. This bill is identical to HB 2077.
Title of purchase; judicial sale; application to divorce proceedings. Provides that when the title of a purchaser at a confirmed sale of property is made under a divorce decree, such sale shall not be disturbed unless within 12 months from such confirmation the sale is appealed within the time allowed pursuant to relevant law and the court orders such sale to be set aside.
Deferred or installment payment agreements; minimum payments. Provides that if the defendant requests to enter into an installment agreement, the court may offer installment payments of (i) $25 per month, or a higher amount, depending upon a defendant's ability to pay or (ii) less than $25 per month if the defendant is determined to be indigent.
Transportation Trust Fund; investments; personal liability. Extends the limitation on personal liability for loss in investments from moneys in the Transportation Trust Fund to an individual's actions taken while serving on or employed by certain entities, even if such individual no longer serves on or is employed by any such entity. The bill also applies such limitation on personal liability for loss in investments to members and employees of the Central Virginia Transportation Authority. This bill is identical to HB 2234.
Affordable dwelling unit program; City of Falls Church. Adds the City of Falls Church to the list of localities with authority to provide for an affordable dwelling unit program. This bill is identical to SB 1011.
Campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions. Prohibits any person from converting contributions to a candidate or his campaign committee for personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but allows a contribution to be used for the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's dependent care expenses that are incurred as a direct result of campaign activity. The bill provides that any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The foregoing provisions of the bill have a delayed effective date of July 1, 2026. The bill directs the State Board of Elections to adopt emergency regulations similar to those promulgated by the Federal Election Commission to implement the provisions of the bill and to publish an updated summary of Virginia campaign finance law that reflects the State Board of Elections' and Attorney General's guidance on the provisions of such law that prohibit the personal use of campaign funds and any new regulations promulgated by the State Board of Elections. This bill incorporates HB 1686 and is identical to SB 1002.
School boards; student access to telehealth services; policies. Directs each school board to consider, for the purpose of increasing access to health care services for students, developing and implementing policies for permitting any public school student in the school division to schedule and participate in telehealth services, including mental health teletherapy services pursuant to a memorandum of understanding with a nationally recognized school-based telehealth provider developed in accordance with applicable law, on school property during regular school hours with parental consent. The bill requires any such policies developed and implemented by a school board to (i) require each public elementary and secondary school to designate a location in the school for student use for such telehealth appointments and implement measures to ensure the safety and privacy of any student participating in a telehealth appointment, (ii) prohibit any student from being subject to any disciplinary measure or consequence for participating in a telehealth appointment during regular school hours if such student would not be subject to any disciplinary measure or consequence for an absence for the purpose of receiving any health care services in person during regular school hours, and (iii) include such other requirements as the school board deems necessary and appropriate. Finally, the bill requires any school board that develops and implements any policies for permitting students to schedule and participate in telehealth services pursuant to the bill to provide and post in a publicly accessible location on its website at the beginning of each school year guidance relating to the implementation of such policies for administrative and instructional personnel. This bill incorporates SB 1130 and is identical to HB 1945.
Public schools; student discipline and codes of conduct; prevention of and response to cyberbullying; policies and procedures required. Requires the Board of Education to include in its guidelines and model policies for codes of student conduct developed pursuant to applicable law standards for school board policies on cyberbullying, defined in the bill as bullying that occurs through the use of technology, including through cell phones and other electronic devices and technology capable of accessing the Internet. The bill requires each school board to expand on its policies and procedures relating to the prevention and prohibition of bullying that are included in its student conduct policies and procedures pursuant to relevant law by including policies and procedures that (i) address instances of cyberbullying that occur outside of school property between students enrolled in the school division; (ii) provide protections designed to ensure that any student who is a victim of or a witness to an instance of cyberbullying is not deterred from reporting or seeking support for such instance of cyberbullying by fears of retaliation, social alienation or rejection, or other negative treatment; and (iii) include a list of support services and resources available through each public school to any student who is a victim of cyberbullying relating to reporting and seeking support after experiencing an instance of cyberbullying.
