Del. Karrie Delaney

Celebrating the life of the Honorable AugustusBenton Chafin, Jr.

Virginia Minimum Wage Act; exemption. Removesthe exemption from the Virginia Minimum Wage Act for persons employedin domestic service or in or about a private home or in an eleemosynaryinstitution primarily supported by public funds.

Petition for vacatur and expungement of convictionsand police and court records of victims of human trafficking.Allows any person who was a victim of human trafficking at the timeof an offense that led to a criminal charge or conviction of certaincrimes to petition the court to vacate such conviction and expungethe police and court records related to such conviction or to expungethe police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participationin an offense was a result of having been a victim of human traffickingif there is official documentation, defined in the bill, of the petitioner'sstatus as a victim of human trafficking at the time of the offense.

Family or household member; definition.Adds to the existing definition of "family or household member" anyindividual who is in or who, within the previous 12 months, has been in a dating relationship with the person. The definition is usedfor purposes of statutes related to assault and battery against afamily or household member, stalking a family or household member,protective orders, and the recruitment of persons for criminal streetgangs.

Marijuana; legalization of simple marijuanapossession; penalty. Eliminates criminal penalties for possessionof marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 yearsof age and provides a civil penalty of no more than $50 for a firstviolation, $100 for a second violation, and $250 for a third or subsequentviolation. Under current law, a first offense is punishable by amaximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies severalother criminal penalties related to marijuana. The bill establishesa regulatory scheme for the regulation of marijuana cultivation facilities,marijuana manufacturing facilities, marijuana testing facilities,and retail marijuana stores by the Board of Agriculture and ConsumerServices. The bill imposes a tax on retail marijuana and retail marijuanaproducts sold by a retail marijuana store at a rate of 9.7 percent(for a total sales tax of 15 percent) and provides that 67 percentof the revenues collected from the tax be deposited into the generalfund and 33 percent of the revenues be deposited into a "Retail MarijuanaEducation Support Fund" to be used solely for purposes of public education.

Transit funding. Raises the existing regional transportation fee, a grantor's tax, from $0.15 per $100 to $0.20 per $100 for localities in the Northern Virginia Transportation Authority that are also members of the Northern Virginia Transportation District. The bill requires half of the revenues to be deposited in the Northern Virginia Transportation Authority Fund and half to be deposited in the Washington Metropolitan Area Transit Authority (WMATA) Capital Fund. The rate of tax in the other localities will remain at $0.15 per $100, with one-third of the revenues to be retained by the locality to be used for transportation purposes and the other two-thirds to be deposited in the Northern Virginia Transportation District Fund. The bill also raises the existing transient occupancy tax in the localities located in the Northern Virginia Transportation District from $2 to $3, with all of the revenues from the tax being used to support WMATA. This bill incorporates HB 977.

Health insurance; coverage for mammograms.Requires health insurers, on and after January 1, 2021, to providecoverage for low-dose screening mammograms at rates that are more frequent than is currently required if the covered individual hasa family history of breast cancer. If the individual has a familyhistory of breast cancer, the bill requires coverage for annual mammogramsfrom age 30 through 49 and biannual mammograms starting at age 50.However, the age at which such coverage of annual mammograms startsshall be younger than 30 if the covered individual's mother was diagnosedwith breast cancer at an age earlier than 40, in which event coveragestarts during the year that the individual attains an age that is10 years younger than the age of the individual's mother at thetime of her diagnosis.

State, regional, and local planning; climatechange. Establishes a policy of the Commonwealth to prevent andto minimize actions that contribute to the detrimental effects ofanthropogenic climate change in the Commonwealth. The bill requiresany state agency to examine any new regulation or policy involvingstate action or funds in relation to its impact on climate changeand its effects thereof prior to adopting or implementing such regulationor policy. The bill requires local and regional planning commissionsto consider the impacts from and causes of climate change in adoptinga comprehensive plan, regional strategic plan, or zoning ordinance.

Expungement of police and court records.Provides that a court that enters a nolle prosequi for a criminalcharge or dismisses such charge for any reason may, upon motion ofthe person charged, enter an order requiring the expungement of thepolice and court records relating to the charge.

Criminal sexual assault; definition of sexualabuse; complaining witness under age 13; penalty. Includes inthe definition of "sexual abuse" the intentional touching of anypart of a complaining witness's body, on either the skin or the materialcovering the complaining witness's body, if the complaining witnessis under the age of 13 and the act is committed with the intent tosexually molest, arouse, or gratify any person. The bill repeals theClass 1 misdemeanor prohibiting adult penetration of the mouth ofa child under the age of 13 with lascivious intent.