Del. Betsy Carr

Constitutional amendment (first reference); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. This resolution incorporates HJ 539 and HJ 557.

Polling places; prohibited activities; unlawfulpossession of a firearm; penalty. Prohibits any person from knowingly possessing a firearm within 40 feet of any building, orpart thereof, used as a polling place, including one hour before andone hour after its use as a polling place, except for (i) a qualifiedlaw-enforcement officer or retired law-enforcement officer, (ii)any person occupying his own private property that falls within40 feet of the polling place, or (iii) a licensed armed securityofficer whose employment or performance of his duties occurs within40 feet of the polling place. The bill further provides that no personshall knowingly possess a firearm within 40 feet of a meeting placefor the local electoral board while the electoral board meets to ascertainthe results of an election or any place used as the setting for arecount. A violation of the provisions of the bill is a Class 1 misdemeanor.

Broadband services; education. Authorizesschool boards to appropriate funds for the purposes of promoting,facilitating, and encouraging the expansion and operation of broadbandservices for educational purposes. The bill authorizes school boardsto partner with private broadband service providers to promote, implement,and subsidize broadband for educational purposes to the householdsof students who would qualify for (i) a child nutrition program or(ii) any other program recognized or adopted by the local schoolboard as a measuring standard to identify at-risk students.

Homicides and assaults and bodily woundings; certain matters not to constitute defenses. Provides that the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating or excluding malice as an element of murder.

Constitutional amendment (first reference);marriage. Proposes the repeal of the constitutional amendmentdealing with marriage that was approved by referendum at the November2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits theCommonwealth and its political subdivisions from creating or recognizing"a legal status for relationships of unmarried individuals that intendsto approximate the design, qualities, significance, or effects ofmarriage"; and (iii) prohibits the Commonwealth or its politicalsubdivisions from creating or recognizing "another union, partnership,or other legal status to which is assigned the rights, benefits,obligations, qualities, or effects of marriage." The provisions ofthis section of the Constitution of Virginia are no longer validas a result of the United States Supreme Court decision in Obergefellv. Hodges, 576 U.S. ___ (June 26, 2015).

Traffic regulation; bicycles. Permits operators of bicycles to treat a stop sign as a yield sign in certain situations. The bill requires the driver of a motor vehicle to change lanes when overtaking a bicycle or certain other vehicles when the lane of travel is not wide enough for the overtaking motor vehicle to pass at least three feet to the left of the overtaken vehicle. The bill also removes the limitations on riding bicycles and certain other vehicles two abreast.

Sexually transmitted infections; infected sexual battery. Provides that any person who is diagnosed with a sexually transmitted infection and engages in sexual behavior that poses a substantial risk of transmission to another person according to current Centers for Disease Control and Prevention recommendations regarding such risk of transmission with the intent to transmit the infection to another person and transmits such infection to that person is guilty of infected sexual battery, punishable as Class 1 misdemeanor. Under current law, the crime of infected battery is punishable as a Class 6 felony. The bill also repeals the crime of donating or selling blood, body fluids, organs, and tissues by persons infected with human immunodeficiency virus and the provisions regarding the testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses. The bill contains technical amendments.

Active military or a military spouse; prohibits discrimination in public accommodations, etc. Prohibits discrimination in public accommodations, employment, and housing on the basis of a person's military status, defined as a member of the uniformed services of the United States or a reserve component thereof or a spouse or other dependent of the same. The bill also prohibits terms in a rental agreement in which the tenant agrees to waive remedies or rights under the federal Servicemembers Civil Relief Act prior to the occurrence of a dispute between the landlord and the tenant.

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person's physician determines in writing that immunization would pose a significant risk to the person's health.

Absentee voting; procedural and process reforms; availability and accessibility reforms; penalty. Makes various reforms to absentee voting processes and procedures, including those related to availability and accessibility. The bill requires certain actions to be taken to process absentee ballots returned before the day of an election, including verifying the correct completion of the voter affirmation statement, and provides for an opportunity for an absentee voter to make corrections to the statement in certain circumstances. The bill requires the establishment of drop-off locations for the return of voted absentee ballots. Additionally, a central absentee voter precinct is required to be established in each locality; currently, establishment is optional. On the day of the election, officers of election are required to begin processing absentee ballots in the central absentee voter precincts prior to the close of polls, but no ballot vote counts are permitted to be transmitted outside of the central absentee voter precinct before the close of polls; a violation of such prohibition is a Class 1 misdemeanor. When reporting election results to the Department of Elections, the general registrars are required to report absentee ballots cast early in person separately from all other absentee ballots. Additionally, a voter who has applied for and received an absentee ballot may choose to instead vote at his polling place on election day, and such voter shall be entitled to cast a provisional ballot. The bill requires a ballot marking tool with screen reader assistive technology to be made available for absentee voters with a print disability. Restrictions on the availability of absentee voting for first-time voters who registered by mail are repealed. The bill contains technical amendments for organizational and readability purposes.