Del. Kaye Kory

Death of the parent or guardian of a child resultingfrom driving under the influence; child support. Provides thatin any case where a person was convicted of involuntary manslaughteras a result of driving a motor vehicle or operating a watercraft under the influence where the victim was the parent or legal guardianof a child, the person who has custody of such child may petitionthe sentencing court to order that the defendant pay child support.

Unlawful dissemination of sexually explicit visual material to another; penalty. Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second or subsequent offense.

Civil action for the deprivation of rights;duties and liabilities of certain employers. Creates a civilcause of action for the deprivation of any rights, privileges, orimmunities pursuant to the constitutions and laws of the United Statesand the Commonwealth due to the acts or omissions of either a publicemployer or its employee and provides that a plaintiff may maintainan action to establish liability and recover compensatory damages,punitive damages, and equitable relief against the public employerand its employee. The bill provides that sovereign immunity is nota defense to such an action. The bill further provides that publicemployers owe a duty of reasonable care to third parties in the hiring,supervision, training, retention, and use of their employees andthat a person who claims to have suffered injury or sustained damagescaused, in whole or in part, by a breach of this duty may maintainan action to establish liability and recover compensatory damages,punitive damages, and equitable relief against such public employer.

Campaign finance; prohibited personal use ofcampaign funds; complaints, hearings, civil penalty, and advisoryopinions. Prohibits any person from converting contributionsto a candidate or a candidate's campaign committee for their personal use. Current law only prohibits such conversion of contributionswith regard to disbursement of surplus funds at the dissolution ofa campaign or political committee. The bill provides that a contributionis considered to have been converted to personal use if the contribution,in whole or in part, is used to fulfill any commitment, obligation,or expense that would exist irrespective of the person's seeking,holding, or maintaining public office but excepts from "personaluse" the ordinary and accepted expenses related to campaigning foror holding elective office, including the use of campaign funds topay for the candidate's child care expenses that are incurred as adirect result of campaign activity. Any person subject to the personaluse ban may request an advisory opinion from the State Board of Electionson such matters. The bill directs the State Board of Elections toadopt emergency regulations similar to those promulgated by the FederalElection Commission to implement the provisions of the bill and toprovide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any new regulations promulgatedby the State Board of Elections.

Breeders; records of animals sold or transferredto animal testing facility; report. Requires entities that breeddogs or cats for sale or transfer to an animal testing facility tokeep records of each animal for two years from the date of the saleor transfer, and to annually submit a summary of the records to the State Veterinarian. Such entities shall also report certain informationto the State Veterinarian on a monthly basis. The report shall includeinformation regarding the birth, acquisition, death, sale, transfer,or other disposition of a dog or cat in the prior month.

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers, grocery store workers, and home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Additionally, the bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers.

Unaccompanied homeless youth; consent to medicalcare. Provides that except for the purposes of sterilizationor abortion, a minor who is 14 years of age or older and who is an unaccompanied homeless youth shall be deemed an adult for the purposeof consenting to surgical or medical examination or treatment, includingdental examination and treatment, for himself or his minor child.The bill describes evidence sufficient to determine that a minoris an unaccompanied homeless youth and provides that no health careprovider shall be liable for any civil or criminal action for providingsurgical or medical treatment to an unaccompanied homeless youthor his minor child without first obtaining the consent of his parentor guardian provided in accordance with the law, with the exceptionof liability for negligence in the diagnosis or treatment of suchunaccompanied homeless youth.

Produce Rx Program established; report.Directs the Department of Social Services to establish a Produce Rx Program as a three-year pilot program to incentivize consumptionof qualifying fruits and vegetables by eligible individuals for whomincreased consumption of fruits and vegetables is recommended bya qualified care provider, as such terms are defined in the bill,and to report to the Governor and the General Assembly by December1 of each year on the operation of the Program.

Court appearance of a person not free on bail.Makes various changes to provisions regarding bail hearings, including(i) the appointment of counsel for the accused, (ii) the informationprovided to counsel for the accused, (iii) a requirement that counselfor the accused be provided with adequate time to confer with theaccused prior to any bail hearing, and (iv) the compensation of counselfor the accused. Effective in due course, the bill provides thatthe chief judge in each circuit shall create a plan to be completedby October 1, 2022, that establishes the means by which the jurisdictionwill meet these requirements. The remainder of the bill has a delayedeffective date of January 1, 2023.

Victims of human trafficking; affirmative defense;writ of vacatur. Expands the definition of qualifying offensefor the purposes of the issuance of a writ of vacatur for victimsof commercial sex trafficking and the affirmative defense availableto victims of sex trafficking to include a number of additional offensesenumerated in the bill. Current law only allows the issuance of suchwrit of vacatur or the use of such affirmative defense for convictionsand adjudications of delinquency or charges for prostitution andkeeping, residing in, or frequenting a bawdy place. The bill alsochanges the term "victim of sex trafficking" to "victim of humantrafficking" as used in reference to such writ of vacatur and affirmativedefense and adds to the definition of "victim of human trafficking" any person subjected to human trafficking, as defined in the bill,and any person who committed such offense while younger than 18 yearsof age. For the purposes of the issuance of the writ of vacatur,the bill also provides that there shall be a rebuttable presumptionthat a petitioner is a victim of human trafficking if the petitionerprovides official government documentation of the petitioner's statusas a victim of human trafficking at the time of the qualifying offense. The bill also states that a petitioner for a writ of vacatur shallnot be required to pay any fees or costs for filing such petitionif the petitioner is found to be unable to pay fees or costs.