Del. J.R. Henson

Admission to bail; fixing terms of bail; mental health considerations. Requires the judicial officer, prior to conducting any hearing on the issue of bail, release, or detention, to obtain the person's criminal history and any emergency custody or temporary detention order or involuntary admission issued for such person. The bill also requires the judicial officer to consider any emergency custody or temporary detention order or involuntary admission issued for the person when determining admission to bail. Lastly, the bill requires the judicial officer to take into account the following factors in fixing the terms of bail if such person is admitted to bail: (i) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a family or household member as defined in relevant law; (ii) the history of the accused or juvenile, including medical, mental health, including any emergency custody or temporary detention order or involuntary admission issued pursuant to relevant law, or substance abuse treatment; (iii) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child; and (iv) whether such person will be an unreasonable danger to himself, family or household members as defined in relevant law, or the public.

Student bullying; definition; characteristics of victim. Adjusts the definition of "bullying" in the context of public education to specify that the real or perceived power imbalance between the aggressor or aggressors and victim includes such a power imbalance on the basis of the membership of the victim in a group that is protected from discrimination pursuant to the Virginia Human Rights Act.

Department of Workforce Development and Advancement; accreditation of nondegree workforce training programs. Directs the Department of Workforce Development and Advancement to establish an accreditation pathway for nondegree workforce training programs in order to align the skills of the Commonwealth's workforce with the needs of industry in the Commonwealth and to provide a workforce entrance pathway for underserved populations in the Commonwealth. The bill includes minimum standards, admissions requirements, and reporting requirements for such programs. Additionally, the bill includes provisions related to the eligibility of accredited programs for state and federal workforce funding, including the federal Workforce Pell Grant.

Regulation of data brokers; civil penalties. Prohibits a person from acquiring personally identifiable information, defined in the bill, through fraudulent means or acquiring and using such information for the purpose of (i) stalking or harassing another person; (ii) committing a fraud, including identity theft, financial fraud, or email fraud; or (iii) engaging in unlawful discrimination, including employment discrimination or housing discrimination. The bill requires a data broker, defined in the bill, to develop, implement, and maintain a comprehensive information security program that includes certain features and technical elements. The bill also requires a data broker operating in the Commonwealth, beginning on December 1, 2027, and annually thereafter, to register with the Secretary of the Commonwealth. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act. The bill has a delayed effective date of July 1, 2027.

Artificial Intelligence Chatbots Act established; prohibited practices; penalties. Creates the Artificial Intelligence Chatbots Act, which prohibits an operator from making a companion chatbot, as those terms are defined in the bill, available to a user in the Commonwealth unless the companion chatbot is incapable of certain actions specified in the bill. The bill also requires an operator of a companion chatbot to include a disclaimer to users of all ages that a companion chatbot is not a human via a static, persistent disclosure and notify a user via a pop-up that he is not engaging with a human counterpart at specified intervals. The bill makes it unlawful for any operator of a companion chatbot to operate or provide a companion chatbot to a user unless such companion chatbot contains a protocol to take reasonable efforts for detecting and addressing expressions of suicidal ideation or self-harm by a user to the companion chatbot. The bill also includes certain data privacy and transparency requirements. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

School breakfast; availability at no cost to students. Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill clarifies that the provision of a breakfast by a school to a student at no cost to the student shall not be construed as creating a disincentive for the school or local school division to participate in the federal Community Eligibility Provision program. Additionally, the bill provides that schools shall maximize the number of students who participate in the school breakfast program by implementing one or more suggested service models to increase access to such program. The bill requires the Department of Education to reimburse each public elementary and secondary school for each eligible school breakfast served to a student, with a maximum of one reimbursable breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill. This bill is a recommendation of the Virginia Commission to End Hunger.

Agencies of the Commonwealth; law-enforcement agencies; employees and officers; agreements with federal authority for immigration enforcement; prohibitions and limitations. Prohibits a state agency or a law-enforcement agency, defined in the bill, from entering into a written agreement authorizing any employee or law-enforcement officer to perform a function of a federal immigration officer. The bill provides that federal immigration laws shall be enforced by a state or local law-enforcement agency of the Commonwealth pursuant to a valid judicial warrant, federal or statutory regulations, or as otherwise required by state law. The bill also prohibits an employee of a state agency or a law-enforcement officer, defined in the bill, from conducting certain actions or inquiries regarding a person's citizenship or immigration status while engaged in the performance of his duties and creates a cause of action for appropriate equitable, injunctive, or declaratory relief against such employee or law-enforcement officer who willfully conducts such actions or inquiries in violation of the provisions of the bill. Finally, the bill requires any state agency or law-enforcement agency that has an existing written agreement with a federal authority to perform federal immigration functions to terminate such written agreement by September 1, 2026.

Middle Eastern and North African Advisory Board established. Establishes the Middle Eastern and North African Advisory Board in the executive branch for the purpose of advising the Governor on ways to develop economic, professional, cultural, educational, and governmental links between the Commonwealth and the Middle Eastern and North African community in Virginia. The bill provides for the expiration of the advisory board on June 30, 2029.

Maddy summaryHB 858 changes the state holiday observed on the second Monday in October from Columbus Day to Indigenous Peoples' Day. This policy affects state government operations, including public offices and schools, which typically close for legal holidays. The bill formally redesignates the holiday by replacing the current name and historical reference with Indigenous Peoples' Day. It does not alter the date or create new government obligations, only updating the official designation of an existing holiday.

Employment discrimination against members of the General Assembly; prohibition; penalty. Prohibits discrimination in employment against a member of the General Assembly on the basis of his absence from employment due to his attendance at any regular or special session of the General Assembly or any meeting of a legislative committee, subcommittee, commission, council, or other entity on which he serves by reason of his status as a member of the General Assembly. A violation of the bill's provisions is a Class 3 misdemeanor.