Del. Delores McQuinn

Study; Department of Transportation; transitequity and engagement opportunities for people with disabilities;report. Requests the Department of Transportation to study transitequity and modernization in the Commonwealth, with an emphasis ontransit services and engagement opportunities for people with disabilities.

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.

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.

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.

Juvenile justice; human trafficking screening.Requires the Department of Juvenile Justice to use trauma-informedscreening measures to identify whether any child committed to theDepartment has been a victim of human trafficking and determine appropriate treatment and service options. The bill also requires that, in casesin which a juvenile and domestic relations district court or circuitcourt orders that a juvenile within its jurisdiction be physicallyexamined and treated by a physician or local mental health center,such examination include trauma-informed screening measures to identifywhether the juvenile has been a victim of human trafficking and determineappropriate treatment and service options.

Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution.

Commercial sex trafficking, prostitution, etc.;mistake of age defense. Provides that a defendant's ignoranceof the victim's age, the victim's misrepresentation of his age, orthe defendant's belief that the victim was an adult shall not beraised as a defense in a prosecution for certain crimes related tocommercial sex trafficking and prostitution involving a minor victim.

Study; Apprenticeship Council; electric vehicle charging infrastructure apprenticeship programs; report. Requests the Virginia Apprenticeship Council to study the need for electric vehicle (EV) charging infrastructure and maintenance and repair of EV infrastructure apprenticeship programs in the Commonwealth, noting the stated goal of the Commonwealth to reduce carbon emissions intensity across all sectors, including the transportation industry. In conducting its study, the Apprenticeship Council should consider a number of factors in studying the need for such apprenticeship programs. The Apprenticeship Council is further requested to report the results of an in-depth study of similar apprenticeship programs in other states to the General Assembly and to convene a stakeholder advisory group to discuss the need for electric vehicle charging infrastructure apprenticeship programs in the Commonwealth. The bill directs the Apprenticeship Council to complete its meetings by November 30, 2022, and report its findings to the Governor and the Chairmen of the Senate Committees on Education and Health and Commerce and Labor and the House Committees on Education and Labor and Commerce.

Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives. Makes several changes to the Standards of Quality, including requiring the establishment of units in the Department of Education to oversee work-based learning and principal mentorship statewide and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) establishing schoolwide ratios of students to teachers in certain schools with high concentrations of poverty and granting flexibility to provide compensation adjustments to teachers in such schools; (ii) requiring each school board to assign licensed personnel in a manner that provides an equitable distribution of experienced, effective teachers and other personnel among all schools in the local school division; (iii) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (iv) requiring state funding in addition to basic aid to support at-risk students and granting flexibility in the use of such funds by school boards; (v) lowering the ratio of English language learner students to teachers; (vi) requiring each school board to employ reading specialists and establishing a student-to-position ratio for such specialists; (vii) requiring school boards to employ one full-time principal in each elementary school; (viii) lowering the ratio of students to assistant principals and school counselors in elementary, middle, and high schools; and (ix) increasing from at least three to at least four the required number of specialized student support positions, including school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, per 1,000 students.