Del. J.R. Henson

Child abuse and neglect; custody and visitation; possession or consumption of authorized substances. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill. This bill is identical to SB 115.

Employment; determining wage of tipped employee.Provides that an employer shall increase the amount paid to itstipped employees by an amount determined by the employer in accordancewith the federal Fair Labor Standards Act and that, notwithstandingany other provision of law, a tipped employee who regularly performsservices in the course of his employment for which there is no reasonableexpectation of receiving tips shall receive an amount not less thanthe minimum wage for the time that he performs such services. Thebill provides that tipped employees shall receive a cash wage ofnot less than $3.50 per hour starting on January 1, 2025. Startingon January 1, 2026, a tipped employee shall receive a cash wage ofnot less than $4.75 per hour, and starting on January 1, 2027, theamount of cash wage shall be not less than $6.00 per hour. StartingJanuary 1, 2028, tips shall be excluded from any determination ofwage paid to a tipped employee and the amount paid to such employeeshall be not less than the minimum wage.

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.

Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm and a violation is punishable as a Class 5 felony. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number or to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number. The portions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2025; however, the portions of the bill prohibiting the knowing possession of a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number have a delayed effective date of July 1, 2025. This bill is identical to SB 100.

Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to SB 1.

Limitation on sentence upon revocation of suspensionof sentence; technical violations. Provides that when conductinga revocation hearing, the court shall consider at the same revocationhearing all alleged technical violations that occurred prior to suchrevocation hearing and have not been previously considered by thecourt. The bill also requires that when a defendant has been takeninto custody for an alleged first or second technical violation forwhich the court may only impose up to 14 days of active incarceration,the court shall adjudicate such violation within 14 days of the defendantbeing taken into custody. The bill states that if such violationis not adjudicated within 14 days of the defendant being taken intocustody, the defendant shall be admitted to bail, unless (i) suchdefendant consents to being further detained while awaiting adjudicationor sentencing or (ii) the Commonwealth has established, by clearand convincing evidence, that the defendant presents a significantrisk of harm to himself or the community based on substance use disorderor serious mental illness and has been referred for residential treatment.Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing onsuch alleged technical violation for longer than 30 days.

Board of Medicine; unprofessional conduct. Prohibits the Board of Medicine from taking disciplinary action against a doctor based on the alleged provision or receipt of abortion care that is not prohibited under the laws of the Commonwealth, regardless of where such abortion care was provided or received. The bill also specifies that grounds for refusal to issue a certificate or license to any applicant or to take disciplinary action for procuring or performing an abortion apply to such action only as it is prohibited by the laws of the Commonwealth. Under current law, such grounds for refusal or disciplinary action apply for procuring or performing a criminal abortion. This bill is identical to SB 716.

Prohibiting inquiry into the immigration statusof defendant; notification of consequences. Provides that nocircuit court, general district court, or juvenile and domestic relationsdistrict court shall, in connection with the prosecution of a criminalviolation of state or local law, inquire into the immigration statusof any defendant unless such inquiry is relevant to the offense forwhich such defendant is being prosecuted. The bill requires thatprior to the start of proceedings, such courts shall advise any defendantthat immigration consequences, including possible detention, incarceration,or deportation connected to an immigration action, are possible ifsuch defendant is convicted of a criminal violation of state or locallaw.

Fines, restitution, forfeiture, penalties, othercosts; criminal and traffic cases; itemized statement. Requiresthe clerk of the court to provide an itemized statement to any defendantconvicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, or foundnot innocent in the case of a juvenile, who is sentenced to pay afine, restitution, forfeiture, or penalty or assessed any other costsin the circuit court or appropriate district court of his countyor city at the time such fine, restitution, forfeiture, penalty,or other costs are assessed. The bill requires the clerk to alsoprovide an updated itemized statement of the outstanding balanceof any such fines, restitution, forfeiture, penalties, or other costs,including any payment history, after a payment is made and at any time upon request of the defendant. The bill also requires the clerkto make any outstanding balance of such fines, restitution, forfeiture,penalties, or other costs, including any payment history, accessibleto the defendant online.

Unlawful detainer; bifurcation of case; contested rent and damages. Provides that, at an initial hearing on an unlawful detainer, if the defendant contests the amount of rent and damages alleged to be due and owing to the plaintiff, the court shall not bifurcate the unlawful detainer case. Under current law, at the initial hearing, upon request of the plaintiff, the court is required to bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages.