Del. Roslyn C. Tyler

Workers' compensation; occupational disease presumption; correctional officers. Adds correctional officers and full-time sworn members of the enforcement division of the Department of Motor Vehicles to the list of public safety employees who are entitled to a presumption that certain infectious diseases are compensable occupational diseases.

Elections; same-day registration; in-personabsentee and election day voting. Provides an exception to theclosing of registration records for any person who (i) is qualifiedto register to vote, (ii) is unregistered or registered in a localityin which the person no longer resides but is otherwise entitledto vote by absentee ballot, (iii) desires to vote absentee in personat the time that they present themselves to be registered, and (iv) provides proof of residency. The bill also permits same-day registrantsto vote absentee and provides an excuse for election day absentee voting for such voters. The bill requires all voters who registerto vote under the provisions of this bill to fill out an absenteeapplication, including the required oath, in order to vote. Thisbill has a delayed effective date of July 1, 2022.

Minimum wage; tipped employees; classification. Prohibits an employer from classifying an individual as a tippedemployee if the individual is prohibited by applicable federal orstate law or regulation from soliciting tips.

Absentee voting; no excuse required. Permits any registered voter to vote by absentee ballot in any election in which he is qualified to vote. The bill removes the current list of statutory reasons under which a person may be entitled to vote by absentee ballot and removes references to those reasons from other sections of the Code. This bill incorporates HB 25, HB 208, and HB 209.

Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth, or related medical conditions; reasonable accommodation for the known limitations of persons related to pregnancy, childbirth, or related medical conditions. Requires employers, defined in the bill, to make reasonable accommodation for the known limitations of a person related to pregnancy, childbirth, or related medical conditions, if such accommodation is necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation and from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee. The bill creates a cause of action against any employer who denies any of the rights afforded by the bill and permits the court or jury to award compensatory damages, back pay, and other equitable relief. The bill contains technical amendments and is identical to SB 712.

Community Policing Act; data collection and reporting requirement. Prohibits law-enforcement officers and State Police officers from engaging in bias-based profiling, defined in the bill, in the performance of their official duties. The bill directs the Department of State Police (the Department) to create the Community Policing Reporting Database into which sheriffs, police forces, and State Police officers report certain data pertaining to motor vehicle or investigatory stops. The Department is directed to provide access to the database to the Department of Criminal Justice Services (DCJS) for the purpose of analyzing motor vehicle and investigatory stops and records of complaints alleging the use of excessive force. The data analysis shall be used to determine the existence and prevalence of the practice of bias-based profiling and the prevalence of complaints alleging the use of excessive force. The bill requires that each time a local law-enforcement officer or State Police officer stops a driver of a motor vehicle the officer collect the following data based on the officer's observation or information provided to the officer by the driver: (i) the race, ethnicity, age, and gender of the person stopped; (ii) the reason for the stop; (iii) the location of the stop; (iv) whether a warning, written citation, or summons was issued or whether any persons were arrested; (v) if a warning, written citation, or summons was issued or an arrest was made, the warning provided, violation charged, or crime charged; and (vi) whether the vehicle or any person was searched. The bill requires each state and local law-enforcement agency to also collect and report to the State Police the number of complaints the agency receives alleging the use of excessive force. The bill also requires the Director of DCJS to annually report the findings and recommendations resulting from the collection, analysis, and interpretation of the data from the Database to the Governor, the General Assembly, and the Attorney General beginning July 1, 2021. The report shall include information regarding any state or local law-enforcement agency that has failed or refused to report the required data. A copy of the report shall be provided to each attorney for the Commonwealth of the county or city in which a reporting law-enforcement agency is located.

Institutional racial segregation and discrimination. Repeals several Acts of Assembly from 1901 to 1960 that contain provisions that implemented and enforced racial segregation and discrimination in public facilities and common carriers, on public documents, and within the office of the State Registrar. This bill is identical to HB 1638.

Chesterfield County School Board; recoveryhigh school. Permits the Chesterfield County School Board, withsuch funds as may be appropriated for such purpose pursuant to thegeneral appropriation act, to establish a recovery high school inthe school division as a year-round high school (i) for which enrollmentis open to any high school student who resides in Superintendent'sRegion 1 and is in the early stages of recovery from substance usedisorder or dependency and (ii) for the purpose of providing suchstudents with the academic, emotional, and social support necessaryto make progress toward earning a high school diploma and reintegratinginto a traditional high school setting.

Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans; report; sunset. Creates the Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans to (i) study the current impact and long-term inequities of slavery and the subsequent state-sanctioned de jure and de facto racial and economic discrimination practiced against African Americans and (ii) make recommendations to the General Assembly on appropriate remedies. The bill requires the Commission to annually submit a report on its interim activity and work to the Governor and the General Assembly. The bill has an expiration date of July 1, 2022.

Institutions of higher education; sexual violencepolicies; immunity from disciplinary action; certain students whomake reports. Requires the Virginia Community College System,Richard Bland College, each baccalaureate public institution of highereducation, and each nonprofit private institution of higher educationto include in its sexual violence policy a requirement that any enrolledstudent who (i) reports to any individual employed by the institutionthat an act of sexual violence occurred on campus, in or on a noncampusbuilding or property, or on public property, as such terms are definedin relevant law, and (ii) the institution determines, as a resultof any investigation relating to such alleged act of sexual violence,committed a separate, unrelated, nonviolent act that violates theinstitution's code, rules, or set of standards governing student conduct is immune from disciplinary action for such violation.