Del. John Avoli

Liability for sale of alcohol or marijuana productto an underage person. Creates a cause of action against an alcoholic beverage control retail licensee or cannabis control retail licensee who sells alcohol or a marijuana product to an underageperson if the consumption of the alcohol or marijuana product causedor contributed to an injury to person or property while the underageperson operated a motor vehicle. The provisions of this act relatedto the sale of marijuana products have a delayed effective date ofJanuary 1, 2024.

Purchase of handguns; limitation on handgunpurchases. Removes the prohibition on any person who is not a licensed firearms dealer from purchasing more than one handgun ina 30-day period. Current law makes it a Class 1 misdemeanor for aviolation of this provision, subject to certain exemptions.

Public health emergency; emergency orders andregulations; limitations. Provides that any emergency order orregulation adopted by the Board of Health shall be valid for no morethan 45 days and that such order may be extended by the Board fora subsequent period of 45 days, provided that the Board providesnotice and receives public comment on the order or regulation proposedto be extended, but that in no case shall such emergency order or regulation be valid for more than 18 months from the effective dateof the initial order or regulation. The bill also provides that inany case in which the Commissioner of Health exercises the authorityof the Board to enact an emergency order or regulation, such orderor regulation shall be valid for no more than 45 days from the effectivedate of the order or regulation unless the Board adopts an orderor regulation to such effect. Thebill also limits the duration of an emergency temporary standardadopted by the Safety and Health Codes Board to 45 days and providesfor an extension of such emergency temporary standard for a subsequentperiod of 45 days, provided that the Board provides notice and receivespublic comment on the emergency temporary standard proposed to beextended. However, no emergency temporary order shall be valid fora period of more than six months.

Pain-Capable Unborn Child Protection Act; penalty. Creates the Pain-Capable Unborn Child Protection Act. The Act prohibits an abortion after 20 weeks gestation unless, in reasonable medical judgment, the mother has a condition that so complicates her medical condition as to necessitate the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function. When an abortion is not prohibited post-20 weeks' gestation, the physician or authorized nurse practitioner is required to terminate the pregnancy in a manner that would provide the unborn child the best opportunity to survive. The bill punishes performance of an abortion in violation of the Act as a Class 6 felony. The bill also provides for civil remedies against a physician or authorized nurse practitioner who performs an abortion in violation of the Act.

Commercial sex trafficking, prostitution, etc.;mistake of age defense. Provides that a defendant's ignoranceof the victim's age, the victim's misrepresentation of his age, orthe defendant's belief that the victim was an adult shall not beraised as a defense in a prosecution for certain crimes related tocommercial sex trafficking and prostitution involving a minor victim.

Emergency custody and temporary detention orders; custody. Requires a facility or location to which a minor or adult who is subject to an emergency custody or temporary detention order is transported to accept custody of the minor or adult upon completion of transportation and arrival of the minor or adult at the facility and specifies that the primary law-enforcement agency shall provide transportation of a person who is involved in the involuntary commitment process, rather than a sheriff, as provided under current law.

William R. Harvey Day. Designates January29, in 2023 and in each succeeding year, as William R. Harvey Dayin Virginia.

Pretrial Intervention and Diversion Program.Authorizes the attorney for the Commonwealth for each judicialcircuit of the Commonwealth to create and administer a Pretrial Interventionand Diversion Program for the purpose of providing an alternativeto prosecuting offenders in the criminal justice system. The billprovides that entry into such program shall be at the discretionof the attorney for the Commonwealth based upon written guidelines and that no attorney for the Commonwealth shall accept any offenderinto such program for an offense for which punishment includes amandatory minimum sentence of imprisonment.

Public institutions of higher education; in-statetuition; children of active duty service members or veterans.Provides that any child of an active duty service member or veteran who claims Virginia as his home state and filed Virginia tax returnsfor at least two years during active duty service is eligible forin-state tuition charges, regardless of domicile. Under current law,any such child is eligible for in-state tuition charges if such servicemember or veteran claims Virginia as his home state and filed Virginiatax returns for at least 10 years during active duty service.

Virginia Retirement System; enhanced retirementbenefits for animal control officers. Adds animal control officersto the list of local employees eligible to receive enhanced retirementbenefits for hazardous duty service. Under current law, localitiesmay provide such benefits to first responders, including firefightersand emergency medical technicians, and certain other hazardous dutypositions.