Rep. Adele McClure

Payment of costs when proceedings deferred and defendant placed on probation. Provides that a circuit or district court that has deferred proceedings pursuant to relevant law and imposed costs shall not enter a judgment of guilty against a defendant solely for his failure to pay such costs or other fees but shall comply with the terms agreed upon for the deferral if all other terms and conditions of such agreement are satisfied, provided that such costs or other fees remain due. Current law requires such costs to be paid prior to dismissal.

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2027. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 120 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.

Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place the incarcerated person in a less restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every 48 hours and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, to inform him of any reason or reasons administrative officials believe isolated confinement remains necessary and give him an opportunity to respond to those reasons and that a formal ruling shall be provided to the incarcerated person within 24 hours. The bill has a delayed effective date of July 1, 2026, and is identical to SB 1409.

Department of Taxation; accounts receivable; collection. Directs the Department of Taxation, Department of Accounts, and Office of the Attorney General to analyze the pervasiveness of outstanding accounts receivable due to the Commonwealth and collection efforts related to such receivables. The Department of Taxation shall report on the findings and recommendations of such analysis and submit such report to the Chairs of the Senate Committee on Finance and Appropriations and House Committee on Appropriations by November 1, 2025.

Employee protections; minimum wage and overtime wages; civil actions; misclassification of workers. Provides that an employer that violates minimum wage or overtime wages provisions is liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs, and such actions are required to be commenced within three years after the cause of action accrued. The bill also increases from 300 days to two years the amount of time a complainant has to file an allegation of discriminatory practice with the Office of Civil Rights of the Department of Law alleging a violation of the Virginia Human Rights Act or federal statutes governing discrimination in employment that also falls under the jurisdiction of the Virginia Human Rights Act. Additionally, the bill provides that a civil action brought by an individual against his employer for failing to properly classify the individual as an employee under current law shall be commenced within three years after the cause of action accrued.

Possession or transportation of firearms, firearms ammunition, stun weapons, or explosives or carrying concealed weapons by persons convicted of a misdemeanor hate crime prohibited; penalty. Prohibits any person who has been convicted, on or after July 1, 2025, of assault or assault and battery if it appears on the face of the warrant upon such conviction that such person intentionally selected the person against whom the offense was committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin from knowingly and intentionally possessing or transporting any firearm or ammunition for a firearm, any stun weapon, or any explosive material or carrying a concealed weapon, a violation of which is a Class 1 misdemeanor.

Virginia Residential Landlord and Tenant Act; adverse action by landlord; tenant remedies. Prohibits a residential landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth from taking adverse action, as defined in the bill, against a prospective tenant due to the prospective tenant's history of a dismissed, nonsuited, or expunged unlawful detainer case or an unlawful detainer case that is eligible for expungement. The bill allows a prospective tenant to recover, as a result of any such adverse action, (i) actual damages, (ii) statutory damages of $1,000, and (iii) reasonable attorney fees. This bill is identical to SB 815.

Virginia Residential Landlord and Tenant Act; enforcement by localities. Provides that if a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, a locality may institute an action for injunction and damages to enforce the landlord's duty to maintain the rental dwelling unit in a fit and habitable condition, provided that (i) the property where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the property, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time after receiving such notice.

Minimum wage. Increases the minimum wage incrementally to $15.00 per hour by January 1, 2027. The bill codifies the adjusted state hourly minimum wage of $12.41 per hour that is effective January 1, 2025, and increases the minimum wage to $13.50 per hour effective January 1, 2026, and to $15.00 per hour effective January 1, 2027. The bill requires the Commissioner of Labor and Industry to establish an adjusted state hourly minimum wage by October 1, 2027.

County manager plan of government; county board; powers. Broadens several powers related to the county board size and manner of election for counties that have adopted the county manager plan of government by giving such counties the option of following general law, after voter approval by referendum, rather than the provisions specified in this optional form of county government. Currently, only Arlington County has adopted the county manager plan of government. The provisions of the bill do not become effective unless reenacted by the 2026 Session of the General Assembly.