Del. Karrie Delaney

Veterans' Services Protection Act; prohibited practices; penalty. Creates the Veterans' Services Protection Act to prohibit any person from receiving compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual regarding any veterans' benefits matter, as defined in the bill, except as permitted under federal law. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Reporting of medical debt to consumer reportingagencies by certain health care providers; prohibited. Prohibitscertain medical care facilities, certain health care professionals,and emergency medical services agencies from reporting any portionof a medical debt, defined in the bill, to a consumer reporting agency.The bill requires such facilities, professionals, and agencies toinclude a provision in any contract entered into with a collectionentity, defined in the bill, for the purchase or collection of medicaldebt that prohibits the reporting of any portion of such medicaldebt to a consumer reporting agency. The bill provides that any portionof a medical debt reported to a consumer reporting agency in violationof such prohibition or requirement is void.

Baccalaureate public institutions of higher education; provision of physical evidence recovery kits. Requires each baccalaureate public institution of higher education to either (i) staff its on-campus student health center with at least one on-campus certified sexual assault forensic examiner for the purpose of administering a physical evidence recovery kit to any student who is in need of such a kit or (ii) enter into a memorandum of understanding with a local organization or entity that is capable of providing the services of a certified sexual assault forensic examiner for the purpose of administering a physical evidence recovery kit to any student who is in need of such a kit.

Local departments of social services; employeecriminal background checks. Establishes a process for local departmentsof social services to conduct background checks for current or prospectiveemployees and prohibits local departments from employing any personwho has been convicted of a criminal offense that relates to hisemployment. The bill includes criteria for the local department toconsider when deciding if a criminal offense related to employmentis relevant when hiring a specific employment position.

Multi-jurisdiction grand jury; elder abuse crimes.Adds the following to the list of crimes that a multi-jurisdictiongrand jury may investigate: (i) financial exploitation of a vulnerableadult, (ii) financial exploitation of a vulnerable adult by an agent,and (iii) abuse and neglect of a vulnerable adult. This bill is arecommendation of the Virginia Criminal Justice Conference.

Charitable gaming. Amends charitable gaming law to allow, as a condition of receiving a charitable gaming permit or authorization to conduct electronic gaming, certain organizations to use a predetermined percentage of its receipts for expenses related to the rental of real property where such real property is involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes. The bill prohibits the Department of Agriculture and Consumer Services from promulgating electronic gaming regulations that prohibit (i) devices that display spinning, rotating, or rolling reels or animations or flashing lights; (ii) devices that accept vouchers; or (iii) the purchase and play of an electronic pull tab with a single press or touch of a button. The bill also requires qualified organizations and electronic gaming manufacturers to pay one-quarter of one percent of its gross receipts or adjusted gross receipts, as appropriate, to be deposited by the Department into the Problem Gambling Treatment and Support Fund and prohibits any qualified social organization that is subject to Department regulations from conducting electronic gaming in a separately demised premises that has a direct or indirect means of ingress to or egress from any adjacent space unless such space is used exclusively by members or guests of such qualified organization.

Child labor offenses; civil penalties. Increasesfrom $10,000 to $25,000 the civil penalty for each violation of childlabor laws that results in the employment of a child who is seriouslyinjured or dies in the course of employment. The bill also increasesfrom $1,000 to $2,500 the maximum civil penalty for each other violationof child labor laws and provides that such civil penalty shall notbe less than $500. The bill directs the Department of Labor and Industry to convene a stakeholder work group to develop education and outreach plans to inform young workers and employers about child labor laws.

Labor trafficking; forced labor or service; penalties. Provides that any person who knowingly provides or obtains the labor or services of a person by means of (i) force, threats of force, physical restraint, or threats of physical restraint to that person or another person; (ii) serious harm, as defined in the bill, or threats of serious harm to that person or another person; (iii) the abuse or threatened abuse of law or legal process, as defined in the bill; or (iv) any scheme, plan, or pattern intended to cause the person to believe that if that person did not perform such labor or services that person or another person would suffer serious harm or physical restraint is guilty of labor trafficking. The bill also provides that any person who knowingly benefits from participation in a venture that has engaged in labor trafficking is guilty of receiving money from labor trafficking. The bill provides that a violation of labor trafficking or receiving money from labor trafficking is punishable as a Class 4 felony; however, any adult who commits an act of labor trafficking or receiving money from labor trafficking with a person under the age of 18 is guilty of a Class 3 felony. The bill also creates a civil cause of action against individuals who engage in labor trafficking or who receive money from labor trafficking and adds labor trafficking and receiving money from labor trafficking to provisions of the Code defining racketeering and as a barrier crime from caring for children or the elderly or disabled, among other provisions listed in the bill. The bill extends the time to commence a civil action for trafficking in persons from seven years to 10 years.

Hate crimes and discrimination; ethnic animosity; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of such individual's ethnic origin and prohibits such discrimination. The bill also adds victims who are intentionally selected because of their ethnic origin to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of ethnic origin. This bill is identical to SB 7.

Virginia Residential Landlord and Tenant Act;early termination of rental agreement; victims of sexual abuse orcriminal sexual assault. Provides that a tenant who is a victimof family abuse, sexual abuse, or other criminal sexual assaultmay terminate such tenant's obligations under a rental agreement if the tenant (i) has obtained a protective order and has given properwritten notice of termination during the period of the protectiveorder or any extension thereof or (ii) as evidence of such abuseor criminal sexual assault, has obtained (a) records or files froma federal or state agency, law-enforcement agency, or court; (b)documentation from a domestic violence or sexual assault program;(c) documentation from a duly ordained, commissioned, or licensedminister of any religious denomination who provides proper proof ofhis credentials as outlined in the bill; or (d) documentation froma medical professional licensed by the Board of Medicine or Boardof Nursing or a mental health service provider and has given written notice of termination. Under current law, there must be a familyabuse protective order or a conviction before the tenant may terminatesuch obligations under a rental agreement.