Del. Laura Jane Cohen

Student bullying; definition; characteristicsof victim. Adjusts the definition of "bullying" in the contextof public education to specify that the real or perceived power imbalancebetween the aggressor or aggressors and victim that is involved inthe act of bullying includes such a power imbalance on the basisof the actual or perceived race, color, national origin, sex, disabilitystatus, sexual orientation, gender identity, gender expression, ethnicity,religion, or other distinguishing characteristics of the victim.

Concealed handgun permits; reciprocity with other states. Provides that the Superintendent of State Police, in consultation with the Office of the Attorney General, shall determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, any out-of-state permit is recognized in the Commonwealth provided that (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day; (ii) the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State and displays the permit or license and such identification upon demand by a law-enforcement officer; and (iii) the permit or license holder has not previously had a Virginia concealed handgun permit revoked. The bill also provides that a Virginia resident who has not been issued a valid resident concealed handgun permit may not use a concealed handgun or concealed weapon permit or license issued by another state to carry a concealed handgun in the Commonwealth. The bill requires the Superintendent of State Police, in consultation with the Office of the Attorney General, to review any agreements for reciprocal recognition that are in place with any other states as of July 1, 2024, to determine whether the requirements and qualifications of those states' laws are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth and revoke any reciprocity agreement or recognition of any states that do not meet such requirements or qualifications by December 1, 2024. The bill requires the Attorney General to provide a written explanation for any determination that a state's laws are adequate to prevent possession of such permit or license by persons who would be denied such permit in the Commonwealth.

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.

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.

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.

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.

Unpaid family bereavement leave; required; remedies. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave and provides that, if an employer fails to provide unpaid family bereavement leave or engages in such prohibited retaliatory action, an employee may bring an action against the employer in a court of competent jurisdiction.

Rate of fees; legal representation of indigent defendant. Limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024.

School board policies; parental notification; safe storage of firearms in the household. Requires each local school board to develop and implement a policy to require the annual notification of the parent of each student enrolled in the local school division, to be sent by email and, if applicable, SMS text message within 30 calendar days succeeding the first day of each school year, of the parent's legal responsibility to safely store any firearm present in the household, risks associated with improperly stored firearms, statistics relating to firearm-related accidents, injuries, and death among youth, and other tips and strategies. The bill requires each school board to make such parental notification available in multiple languages on its website. This bill is identical to SB 225.

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 SB 327.