Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 237.
Conservation and replacement of trees duringdevelopment process. Expands existing local government authorityto conserve or replace trees during the development process by allowinglocalities to establish higher tree canopy replacement percentages,based on density per acre, lot size, or any other measurement relevantto the practices of the locality to achieve MS4 stormwater nutrientreductions, mitigate urban heat islands, increase resilience to climatechange, including reducing coastal and inland flooding, and mitigateair pollution. The bill also alters the current process for grantingexceptions to a local ordinance by removing a provision that requires the granting of an exception when strict application of the ordinancewould result in unnecessary or unreasonable hardship to the developerand replacing it with a determination by the locality that the strictapplication would be unreasonable in a specific instance. The bill makes numerous technical amendments.
Purchase of certain firearms; age requirement; penalty. Prohibits any person under 21 years of age from purchasing a handgun or assault firearm, with exceptions for the purchase of an assault firearm by a law-enforcement officer, correctional officer, jail officer, or member of the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state. Accordingly, the bill prohibits a licensed dealer from selling, renting, trading, or transferring from his inventory a handgun or assault firearm to any person under 21 years of age. A violation of either prohibition is a Class 6 felony. The bill also expands the definition of "assault firearm" as the term applies to criminal history record information checks. This bill is identical to HB 1174.
Weapons; possession or transportation; hospital that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to knowingly possess in or transport into the building of any hospital that provides mental health services or developmental services in the Commonwealth, including 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 also provides that notice of such prohibitions shall be posted conspicuously at the public entrance of any hospital and no person shall be convicted of the offense if such notice is not posted, unless such person had actual notice of the prohibitions. The bill provides that any such firearm, knife, explosive, or weapon shall be subject to seizure by a law-enforcement officer and forfeited to the Commonwealth and specifies exceptions to the prohibition. This bill is identical to SB 515.
Invasive plant species; retail sales; civil penalty. Requires, for the retail sale of any invasive plant species for outdoor use on a list established by the Department of Conservation and Recreation, a retail establishment to post in a conspicuous manner on the property located in proximity to each invasive plant display signage identifying such plant as invasive, educating consumers regarding invasive plant species, and encouraging consumers to ask about alternatives. The bill requires the Commissioner of Agriculture and Consumer Services to designate the format, size, and content of such signage no later than October 1, 2024, and requires the Commissioner to issue a stop sale order and mark or tag a plant in a conspicuous manner when an invasive plant is for sale at a retail establishment without appropriate signage. In such case, the bill requires the Commissioner to give written notice of a finding made to the owner, tenant, or person in charge of such retail establishment and requires the stop sale order issued to remain in effect until the required signage is posted. Any retail establishment that violates the provisions of the bill is subject to a civil penalty not to exceed $500. This bill is identical to SB 306.
School boards; student member required.Requires each school board to establish a method for the selectionof a student to serve as a member of the school board, subject tothe following conditions: (i) the student is enrolled in a publichigh school in the local school division; (ii) any such student iseligible to be selected as a member of the school board without regardto such student's age or citizenship status, provided, however, thatin the event that the method for selection of the student member is election, the student meets the qualifications to hold electiveoffice set forth in Article II, Section 5 of the Constitution ofVirginia; (iii) the school board establishes detailed policies, procedures,and timelines relating to such selection method, including policiesthat establish term length, eligibility to serve with or withoutvoting privileges, eligibility for a salary, eligibility for selectionto subsequent terms, and grounds for removal; and (iv) each studentselected to serve as a member of the school board serves in additionto and not as a replacement for any member duly authorized and selectedto serve on the school board in accordance with relevant law, andeach such student member factors into the calculation of a quorum.
Demonstrated competence for a concealed handgunpermit; firearms instructors and safety programs. Requires thatany course, class, or training to demonstrate competence with a handgunas required to obtain a concealed handgun permit must include a livefire shooting exercise conducted on a range, including the expenditureof a minimum of 10 rounds of ammunition, and provides that no course,class, or training that does not include such live fire shootingexercise meets the requirements to obtain a concealed handgun permit.The bill removes references to the National Rifle Association (theNRA) and the United States Concealed Carry Association from the Codethat allow the organizations to certify ranges and instructors andfor courses offered by them to serve as proof of demonstrated competencein firearms safety and training for the purpose of obtaining a concealedhandgun permit or receiving training as a minor in the use of pneumaticguns. The bill also repeals authority for special license platesin support of the NRA.
Expungement of police and court records. Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means to render a legal action out of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies that the term "otherwise dismissed" also includes those circumstances when a person is charged with the commission of a crime, a civil offense, or any offense defined in relevant law and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute manifest injustice, including any hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner.The bill also provides that when an initial charge has been reduced or amended to another offense for which reporting to the Central Criminal Records Exchange (CCRE) is still required pursuant to relevant law and an order of expungement is granted for the initial charge, the CCRE shall amend the original arrest but maintain the fingerprints collected from the original arrest. Except for the provisions regarding the circumstances that constitute manifest injustice, the bill has a delayed effective date of January 1, 2026.
Public pools; regulations. Directs the Boardof Health to adopt regulations governing swimming pools and otherwater recreational facilities operated for public use, includingswimming pools and other water recreational facilities operated inconjunction with a tourist facility or health spa.
Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. The bill provides that a court, after a finding of guilt has been made and prior to entering a final order of conviction, shall determine by a preponderance of the evidence whether the victim of the offense was a family or household member or an intimate or dating partner for the purposes of determining the firearms prohibition.
