Del. Cliff Hayes

Assault and battery; definition of "Islamophobia"; penalty. Defines "Islamophobia" as it relates to the crime of assault and battery as malicious prejudice or hatred directed toward Islam or Muslims. This definition applies regardless of whether the victim is actually a practitioner of Islam, provided that the perpetrator targeted such victim based on a perceived adherence to such faith. The bill also clarifies that religious conviction includes Islam. The bill directs the Department of State Police, in consultation with the Office of the Attorney General and the Office of Diversity, Equity, and Inclusion, to include the bill's definition of "Islamophobia" in its hate crime reporting central repository.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as such terms are defined in the bill. The bill clarifies that none of its provisions shall be construed to permit or sanction the performance of any sterilization procedure without a patient's voluntary and informed consent. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 1105.

Board of Medicine; continuing education; unconscious bias and cultural competency. Directs the Board of Medicine to require unconscious bias and cultural competency training as part of the continuing education requirements for renewal of licensure. The bill specifies requirements for the training and requires the Board of Medicine to report on the training to the Department of Health. This bill is a recommendation of the Joint Commission on Health Care.

Department of Medical Assistance Services; state plan for medical assistance services; postpartum doula care; report. Directs the Department of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment for up to 10 doula visits, with up to four doula visits during pregnancy and up to six doula visits during the 12 months after the individual gives birth. The bill requires the Department to report to the Governor and General Assembly annually on the implementation and outcomes of the provision, and requires the first such report to be submitted by December 31, 2026. This bill is identical to SB 1418.

Baby Food Protection Act; testing and labeling requirements for toxic heavy metals. Prohibits a person from selling, distributing, or offering for sale a baby food product that contains certain toxic heavy metals that exceed the limits established by the U.S. Food and Drug Administration (FDA). The bill requires a manufacturer of a baby food product to meet certain testing requirements and include certain information related to toxic heavy metals on the manufacturer's website and on the baby food product. The bill requires a consumer to report a baby food product to the Commissioner of Agriculture and Consumer Services if the consumer reasonably believes that the baby food is being sold in the Commonwealth with toxic heavy metals that exceed the limits established by the FDA. The foregoing provisions of the bill have a delayed effective date of January 1, 2026. The bill also directs the Department of Agriculture and Consumer Services to convene a work group to study and make recommendations on the current enforcement of laws related to the presence of toxic heavy metals in baby food products and any further action needed to address the issue of toxic heavy metals in baby food products. The bill requires the work group to report on its findings and recommendations by the first day of the 2026 Regular Session.

Virginia military forces; Sexual Offense Prevention and Response Program established. Establishes the Sexual Offense Prevention and Response Program (the Program) within the Department of Military Affairs. The bill also establishes the Sexual Offense Prevention and Response Officer (the Officer) to perform victim advocacy services, including helping victims of certain criminal sexual assault offenses make either a restricted report or an unrestricted report, as those terms are defined in the bill. Restricted and unrestricted reports may be made (i) by a person who is a member of the Virginia military forces, defined in the bill as the Virginia National Guard and the Virginia Defense Force, or (ii) against a member of the Virginia military forces. The bill directs the Adjutant General, in coordination with the Officer, to submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the chairmen of both the House and Senate Committees for Courts of Justice. The annual report shall include relevant information enumerated in the bill, including implementation and effectiveness of the Program's policies and procedures, as well as statistical information about restricted reports and unrestricted reports.

Board of Medicine; continuing education; unconscious bias and cultural competency. Directs the Board of Medicine to require unconscious bias and cultural competency training as part of the continuing education requirements for renewal of licensure. The bill specifies requirements for the training and requires the Board of Medicine to report the number of licensees who have successfully completed such training to the Department of Health and the Virginia Neonatal Perinatal Collaborative. This bill is identical to SB 740.

Virginia Consumer Protection Act; prohibited practices; mandatory fees or surcharges disclosure. Prohibits a supplier, in connection with a consumer transaction, from advertising or displaying a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges, as defined in the bill. The bill specifies the requirements for compliance with its provisions for certain suppliers and excludes from its provisions (i) certain fees charged by motor vehicle dealers, as defined in relevant law; (ii) fees charged by electric utilities, natural gas utilities, and telecommunications service providers, as those terms are defined in relevant law; (iii) certain costs associated with real estate settlement services; and (iv) the provision of air transportation by air carriers. The bill requires a food delivery platform to (a) at the point when a consumer views and selects a vendor or items for purchase, include a clear and conspicuous disclosure of any additional fee or percentage charged, as defined in the bill, and (b) after a consumer selects items for purchase, but prior to checkout, display a subtotal page that itemizes the price of such selected items and any additional fee or percentage included in the total cost. This bill is identical to SB 1212.

Use of automatic license plate recognition systems; reports; penalty. Requires the Division of Purchases and Supply of the Department of General Services (the Division) to determine and approve the automatic license plate recognition systems, defined in the bill, for use in the Commonwealth and provides requirements for use of such systems by law-enforcement agencies. The bill limits the use of such systems by law-enforcement agencies to the following purposes: (i) as part of a criminal investigation into an alleged criminal violation of the Code of Virginia or any ordinance of any county, city, or town where there is a reasonable suspicion that a crime was committed; (ii) as part of an active investigation related to a missing or endangered person, including whether to issue an alert for such person, or a person associated with human trafficking; or (iii) to receive notifications related to a missing or endangered person, a person with an outstanding warrant, a person associated with human trafficking, a stolen vehicle, or a stolen license plate.The bill requires annual reports from law-enforcement agencies using such systems that provide de-identified information concerning the use of the systems and from the State Police that aggregate such information statewide beginning April 1, 2027. The bill also requires a law-enforcement officer or State Police officer to collect data on whether a stop of a driver of a motor vehicle or stop or temporary detention of a person was based on a notification from an automatic license plate recognition system prior to such stop and if so, the specific reason for the notification as set forth in relevant law.The provisions of the bill that require a law-enforcement agency to obtain a permit from the Department of Transportation in accordance with regulations of the Commonwealth Transportation Board before installing an automatic license plate recognition system on a state right-of-way do not become effective unless reenacted by the 2026 Session of the General Assembly. Except for provisions requiring (a) the Division to determine and approve automatic license plate recognition systems for use in the Commonwealth, which shall become effective on July 1, 2026, and (b) law-enforcement officers to collect data on whether a stop was based on a notification from an automatic license plate recognition system, which shall become effective January 1, 2026, the provisions of the bill become effective in due course. The bill requires the Division, in consultation with the Virginia Information Technologies Agency, to determine such systems for use in the Commonwealth and publicly post a list of such systems by January 1, 2026. Finally, the bill requires the Virginia State Crime Commission to collect data and conduct surveys of law-enforcement agencies to assess the use of automatic license plate recognition systems and report its findings by the first day of the 2026 Regular Session and again on November 1, 2026. As introduced, this bill was a recommendation of the Virginia State Crime Commission.