Del. Destiny LeVere Bolling

Exemptions from garnishment; minimum protected account balance; certain benefit payments; procedure for financial institutions. Requires certain financial institutions to automatically exempt from garnishment (i) a minimum protected account balance, defined in the bill as the combined total of not more than $1,000 in a judgment debtor's account or across multiple accounts in the same financial institution, and (ii) a protected amount of certain benefit payments, defined in the bill, that have been deposited into the account via direct deposit or electronic deposit within the two months immediately preceding the day before a financial institution commences an account review. The bill describes an account review as a process of examining an account of a judgment conducted by a financial institution upon such financial institution's receipt of a garnishment summons to determine if any eligible benefit payments have been deposited within the applicable time period and, if so, to calculate the total sum of such benefit payments and establish the total as a protected amount that shall be automatically exempt from garnishment. The bill provides that such procedure to automatically exempt such funds shall not apply if the debt arises from a child support or spousal support obligation or if an exemption is otherwise prohibited by law.The bill further provides that a judgment debtor is not required to claim nor request a hearing for such automatic exemptions. Finally, the bill makes updates to the relevant provisions governing garnishment proceedings, notices to the garnishee and judgment debtor, and the form of a garnishment summons consistent with the provisions of the bill. This bill is identical to SB 301.

Land subdivision and development; optional provisions of a subdivision ordinance; electric vehicle charging stations; Department of Energy; report. Allows, effective July 1, 2027, a locality to include in its subdivision ordinance a requirement for electric vehicle (EV) supply equipment, EV-ready charging spaces, or EV-capable parking spaces that provide infrastructure to facilitate future EV charging, including electrical capacity, prewiring, and conduit for a development containing commercial, industrial, or multifamily residential uses. Effective in due course, the bill directs the Department of Energy to evaluate 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, to provide recommendations on the appropriate number and type of EV charging spaces for new commercial and industrial developments, and to report its findings and recommendations to the State Corporation Commission no later than November 15, 2026.

Earned sentence credits; incarceration while awaiting trial or pending an appeal. Provides that a person's eligibility for earned sentence credits includes any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility awaiting trial or pending an appeal that was deducted from such person's term of incarceration or detention. The bill provides that the provisions apply retroactively to any person who is confined in any state or local correctional facility on July 1, 2028. The bill has a delayed effective date of July 1, 2028.

New College Institute; name; membership and composition of board of directors. Renames New College Institute as the West Piedmont Higher Education Center (the Center) and makes several revisions to the membership requirements for the board of directors of the Center, including (i) increasing from 15 to 20 members the total membership of the board of directors; (ii) modifying the composition of the board of directors by adding as required members the Executive Director of the State Council of Higher Education for Virginia or his designee, the Chancellor of the Virginia Community College System or his designee, and the presidents of George Mason University, Longwood University, Radford University, Virginia Polytechnic Institute and State University, and Virginia State University or their designees; (iii) reducing from 10 to seven the total number of nonlegislative citizen members to be appointed by the Governor and requiring five of such nonlegislative citizen members to be representatives of West Piedmont public education and area business and industry, including one division superintendent, one public school teacher, and three business and industry leaders; and (iv) adding the president of Patrick & Henry Community College or his designee to serve as an ex officio nonvoting member. The bill also requires the board of directors of the Center, in collaboration with representatives of GO Virginia Region 3, the Institute for Advanced Learning and Research, Patrick & Henry Community College, local school boards, and major regional employers, to develop a sustainability plan, including a comprehensive strategic plan and customer recruitment and expansion strategy, to provide higher education degree and certification programs in accordance with its mission, to review options to achieve the goals stated in such plan, and to report on such options to the Governor, the Chair of the Senate Committee on Finance and Appropriations, and the Chair of the House Committee on Appropriations no later than August 1, 2027. This bill is identical to SB 299.

Elections; absentee and provisional ballots; cure process. Requires that, if the electoral board determines that any person having submitted a provisional vote was not entitled to vote as a result of a material error or omission on the provisional ballot form, the registrar is required to promptly notify the voter by telephone or email of the error or omission and to provide information to the voter on how to correct the issue so his ballot may be counted. The voter is entitled to make such necessary corrections before noon on the Monday after the election. The bill moves the deadline for curing errors or omissions in absentee ballot applications from noon on the third day after the election to noon on the Monday after the election. The bill also requries the Department of Elections to issue guidance to local election officials on the uniform processing and counting of provisional ballots, including any provisional ballot cast by a person submitting a registration application on the same day as the election.

Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalties for failure to report. Creates a Class 1 misdemeanor for any person required to file a report, pursuant to relevant law, who fails to do so as soon as possible, but not longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect where such reportable offense is alleged to have occurred at a private or state-operated hospital, institution, or facility to which children have been committed or where children have been placed for care and treatment. The bill also provides that a second or subsequent conviction is a Class 6 felony. The bill further expands the mandatory reporting requirements for certain enumerated persons in their professional or official capacities to include certain offenses related to children and certain obscenity and related offenses and applies all such mandatory reporting requirements to all public and private school athletics program coaches, directors, and adult volunteers, including those associated with interscholastic teams and clubs. Under current law, the mandatory reporting requirements apply to such enumerated persons who suspect that a child is an abused or neglected child and to public or private sports organization or team athletic coaches, directors, or adult volunteers.

Head Start State Collaboration Office; state of Head Start and Early Head Start in the Commonwealth; report. Requires the Head Start State Collaboration Office at the Department of Education, no later than December 1, 2026, to develop and recommend to the Commission on Early Childhood Care and Education for endorsement a report summarizing the state of Head Start and Early Head Start in the Commonwealth that is required to address several topics enumerated in the bill.

Delinquency petition; referral to court service unit. Provides that at any point prior to the commencement of an adjudication hearing on a petition alleging that a child is delinquent, the court, upon request of the child with consent of the attorney for the Commonwealth, if a party to the case, may refer the delinquency charge back to the court service unit in writing and the intake officer shall proceed informally pursuant to relevant law. Additionally, the bill provides that upon such referral, the court shall dismiss the petition and order that the court records pertaining to the petition be expunged pursuant to relevant law. Lastly, the bill allows an intake officer to proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent if the juvenile has previously been proceeded against informally.Current law does not permit proceeding informally when a juvenile (i) commits a violent juvenile felony or (ii) is alleged delinquent for an offense that would be a felony if committed by an adult if such juvenile had previously been (a) proceeded against informally by intake or (b) adjudicated delinquent for a prior offense that would be a felony if committed by an adult. This bill is identical to SB 70.

Unauthorized use of voice or likeness; punitive damages; statute of limitations. Expands the existing ability for any person to maintain a suit in equity, including the accompanying remedies available and statute of limitations, for the unauthorized use of his name, portrait, or picture for advertising purposes or for the purposes of trade to include the unauthorized use of his voice or likeness. This bill is identical to SB 753.

Health insurance; prohibited restrictions on in-network referrals. Prohibits a health insurance carrier from prohibiting an in-network provider, as defined in the bill, from referring any enrollee or specimen to any in-network clinical laboratory or in-network pathology service provider under the terms of such insurance unless such referral would constitute a violation of certain laws. This bill is identical to SB 745.