Del. J.R. Henson

Limited-duration licenses and driver privilege cards and permits; expiration. Extends the validity of limited-duration licenses, driver privilege cards and permits, and identification privilege cards, other than REAL ID credentials and commercial driver's licenses and permits, to a period of time consistent with the validity of driver's licenses, which, under current law, is a period not to exceed eight years or, for a person age 75 or older, a period not to exceed five years, and permits and special identification cards. The bill directs the Department of Motor Vehicles to implement the extended validity periods for such documents upon reissuance. This bill is identical to SB 246.

Virginia Residential Landlord and Tenant Act;Manufactured Home Lot Rental Act; retaliatory conduct prohibited.Adds numerous actions to the list of prohibited retaliatory actionsby a landlord against a tenant under the Virginia Residential Landlordand Tenant Act and Manufactured Home Lot Rental Act and specifiesactions by a tenant for which a landlord may not retaliate. The billmodifies and expands the list of actions a landlord may take withoutviolating the prohibition on retaliation. The bill allows a tenant,when the landlord has unlawfully retaliated, to recover actual damages,court costs, and reasonable attorney fees and to assert retaliationas a defense in any action brought against him for possession.

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.

Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord. Requires a landlord, prior to giving a tenant 21 days' notice of his intention to terminate the rental agreement for a dwelling unit that has been damaged or destroyed by fire or casualty, to (i) make a reasonable effort to meet with the tenant to discuss reasonable alternatives and to offer the tenant a substantially similar unit, if one is available, or (ii) determine that the damage was caused by the tenant's failure to maintain the dwelling unit in accordance with certain provisions. Current law allows the landlord to terminate such agreement by giving the tenant 14 days' notice of his intention to terminate on the basis of the landlord's determination that such damage requires the removal of the tenant and that the use of the premises is substantially impaired. The bill requires the landlord, upon receiving a request from the tenant after the tenant has received such notice, to reevaluate the extent of damage and habitability of such unit unless the landlord has determined that the damage was caused by the tenant's failure to maintain the dwelling unit.

Minimum qualifications for law-enforcement officers; citizenship; waiver. Allows individuals who are lawfully admittedfor permanent residence who have resided in the United States forno less than 60 months and who are both eligible for and have appliedfor United States citizenship to qualify for the positions of chiefof police and all police officers of any locality, all deputy sheriffsand jail officers in the Commonwealth, and all law-enforcement officers.The bill allows any agency or department employing law-enforcementofficers to hire, recruit, or refer an individual who is a citizenof the United States over another individual who meets such qualificationsif such individuals are equally qualified. Currentlaw only allows citizens of the United States to qualify for thenamed positions; the citizenship requirement can only be waived forgood cause upon request of a sheriff or chief of police or the directoror chief executive of any agency or department employing law-enforcementofficers to the Department of Criminal Justice Services.

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.

Reduction of speed limits; local authority. Expands the current authority of any locality to reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on highways within its boundaries that are located in a business district or residence district to include highways within the state highway system, provided that such reduced speed limit is indicated by lawfully placed signs. The bill authorizes a locality to restore a speed limit that has been reduced pursuant to this authority and requires the locality to notify the Commissioner of Highways of a change in speed limit. This bill incorporates HB 793.

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.

Workers' compensation; presumption that certaininjuries arose out of employment. Provides that in any claimfor workers' compensation, where the employee suffers an unexplainedfall in the course of employment, it shall be presumed that the fallarose out of the employment, unless such presumption is overcomeby a preponderance of competent evidence to the contrary.

Home-based firearms dealers; prohibited nearschools; penalties. Provides that no home-based firearms dealer,as defined in the bill, shall be engaged in the business of selling,trading, or transferring firearms at wholesale or retail within 1.5miles of any elementary or middle school, including buildings andgrounds. The bill provides that any person who willfully violatessuch prohibition is guilty of a Class 2 misdemeanor for a first offenseand guilty of a Class 1 misdemeanor for a second or subsequent offense.