Del. Irene Shin

Abortion or other reproductive health care services; prohibitions on extradition for certain crimes; prohibited practices under Virginia Consumer Protection Act. Provides that no demand for extradition of a person charged with a criminal violation of the law of another state shall be recognized by the Governor if such alleged violation involves the receipt of or assistance with reproductive health care services, defined in the bill, within the Commonwealth unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth. The bill also provides that such limit on extradition shall not apply when the person who is subject to such demand for extradition by another state was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from such state. The bill adds obtaining, disclosing, selling, or disseminating certain enumerated personal reproductive or sexual health information without the consent of the consumer as a prohibited practice under the Virginia Consumer Protection Act. This bill incorporates HB 1493.

Prohibiting employer seeking wage or salaryhistory of prospective employees; wage or salary range transparency;cause of action; civil penalty. Prohibits a prospective employerfrom (i) seeking the wage or salary history of a prospective employee;(ii) relying on the wage or salary history of a prospective employeein determining the wages or salary the prospective employee is tobe paid upon hire; (iii) relying on the wage or salary history ofa prospective employee in considering the prospective employee foremployment; (iv) refusing to interview, hire, employ, or promotea prospective employee or otherwise retaliating against a prospectiveemployee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for eachjob, promotion, transfer, or other employment opportunity the wage,salary, or wage or salary range. The bill establishes a cause ofaction for an aggrieved prospective employee or employee and providesthat an employer that violates such prohibitions is liable to theaggrieved prospective employee or employee for statutory damagesbetween $1,000 and $10,000 or actual damages, whichever is greater,reasonable attorney fees and costs, and any other legal and equitablerelief as may be appropriate. The bill also provides for civil penaltiesfor violations not to exceed $1,000 for a first violation, $2,000for a second violation, and $4,000 for a third or subsequent violation.

Commission on Electric Utility Regulation; evaluation of infrastructure necessary for electric vehicle charging facilities. Directs the State Corporation Commission and the Department of Housing and Community Development to provide technical assistance to the Commission on Electric Utility Regulation (the Commission) if the Commission evaluates the design and deployment of the electrical distribution infrastructure necessary to support the installation of electric vehicle charging facilities in new developments consisting of single-family and multifamily residential units. The bill requires the Commission to engage representatives from the residential and commercial development industries, private sector utility consultants, and other stakeholders if it conducts such an evaluation.

Arrest, prosecution, and disciplinary proceduresand penalties for individuals experiencing or reporting overdoseswhile incarcerated. Provides that no individual incarceratedin a local, regional, or state correctional facility shall be subjectto arrest or prosecution for or disciplinary procedures or penaltiesrelated to the unlawful purchase, possession, or consumption of alcohol;possession of a controlled substance; possession of marijuana; intoxicationin public; or possession of controlled paraphernalia if (i) suchindividual seeks or obtains emergency medical attention for himselfor another individual experiencing an overdose or is experiencingan overdose and another individual seeks or obtains emergency medicalattention for him and (ii) the evidence for a prosecution or disciplinaryprocedures and penalties of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no correctional officer, deputy sheriff, or jail officer acting in a good faith shallbe found liable for false arrest if it is later determined that theperson arrested was immune from prosecution or disciplinary proceduresor penalties.

Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; affordable housing; criminal record screening model policy. Requires the Director of the Department of Housing and Community Development (the Department) to develop a criminal record screening model policy for admitting or denying an applicant for affordable housing covered under the Virginia Residential Landlord and Tenant Act in accordance with the U.S. Department of Housing and Urban Development's guidance on the application of the Fair Housing Act and maintain such model policy on its website. The bill prohibits a landlord of an affordable housing unit from inquiring about or requiring disclosure of, or if such information is received, basing an adverse action, in whole or in part, on an applicant's criminal or arrest record unless the landlord does so in accordance with the criminal record screening model policy developed by the Department and posted on its website and provides the applicant with a written copy of such policy. The bill directs the Department to convene a stakeholder group to provide input into the development of the criminal record screening model policy. This bill is identical to SB 588.

Juvenile fines, costs, and fees; traffic infractions; judicial discretion. Provides that any court costs, fines, and fees assessed to a juvenile or his parent or guardian in circuit court and juvenile and domestic relations district court related to prosecutions of traffic infractions are discretionary.

Noncitizens of the United States; terminology.Removes the term "alien" as it pertains to persons who are not citizensor nationals of the United States and replaces it with synonymouslanguage, as appropriate, throughout the Code of Virginia.

Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits.The bill provides that the provisions shall apply retroactively to any person who is confined in any correctional facility on July 1, 2025, and if it is determined that, upon retroactive application of the provisions, the release date of any such person passed prior to the effective date of this act, the person shall be released upon approval of an appropriate release plan and within 60 days of such determination unless otherwise mandated by court order; however, no person shall have a claim for wrongful incarceration on the basis of such retroactive application. If a person is released prior to completion of any reentry programs deemed necessary by the Department of Corrections on the person's most recent annual review or prior to completion of any programs mandated by court order, the person shall be required to complete such programs under probation, provided probation is mandated by the court and current community resources are sufficient to facilitate completion of the aforementioned programs. The bill has a delayed effective date of July 1, 2025.

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, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. The bill specifies that covered individuals shall not include state employees, constitutional and other local officers, and employees of local school divisions and that funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2026. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 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. Finally, the bill requires the Commission to update its 2021 Paid Family and Medical Leave study to include an assessment of the budgetary impacts of extending the benefits of the program to exempt individuals.

Concealed handgun permits; reciprocity with other states. Provides that the Superintendent of State Police, in consultation with the Office of the Attorney General, shall determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, any out-of-state permit is recognized in the Commonwealth provided that (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day; (ii) the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State and displays the permit or license and such identification upon demand by a law-enforcement officer; and (iii) the permit or license holder has not previously had a Virginia concealed handgun permit revoked. The bill also provides that a Virginia resident who has not been issued a valid resident concealed handgun permit may not use a concealed handgun or concealed weapon permit or license issued by another state to carry a concealed handgun in the Commonwealth. The bill requires the Superintendent of State Police, in consultation with the Office of the Attorney General, to review any agreements for reciprocal recognition that are in place with any other states as of July 1, 2024, to determine whether the requirements and qualifications of those states' laws are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth and revoke any reciprocity agreement or recognition of any states that do not meet such requirements or qualifications by December 1, 2024. The bill requires the Attorney General to provide a written explanation for any determination that a state's laws are adequate to prevent possession of such permit or license by persons who would be denied such permit in the Commonwealth.