Del. Michael P. Mullin

Active military or a military spouse; prohibits discrimination in public accommodations, etc. Prohibits discrimination in public accommodations, employment, and housing on the basis of a person's military status, defined as a member of the uniformed services of the United States or a reserve component thereof or a spouse or other dependent of the same. The bill also prohibits terms in a rental agreement in which the tenant agrees to waive remedies or rights under the federal Servicemembers Civil Relief Act prior to the occurrence of a dispute between the landlord and the tenant.

Virginia Overtime Wage Act; penalties. Requiresan employer to compensate its employees who are entitled to overtimecompensation under the federal Fair Labor Standards Act at a ratenot less than one and one-half times the employee's regular rateof pay, defined in the bill, for any hours worked in excess of 40hours in any one workweek. The bill includes provisions for calculatingovertime premiums due to fire protection and law-enforcement employeesby certain public sector employers. The penalties provided by thebill for an employer's failure to pay such overtime wages, includingcivil and criminal penalties, are the same as currently providedfor failing to pay wages generally. The statute of limitations forbringing a claim for a violation of the bill is three years.

Fines and costs; accrual of interest; deferralor installment payment agreements. Provides that no interestshall accrue on any fine or costs imposed in a criminal case or ina case involving a traffic infraction (i) for a period of 180 daysfollowing the date of the final judgment imposing such fine or costs;(ii) during any period the defendant is incarcerated; and (iii) fora period of 180 days following the date of the defendant's releasefrom incarceration if the sentence includes an active term of incarceration.Current law prohibits interest from accruing on such fines or costsfor a period of 40 days from the date of the final judgement imposing such fine or costs or during any period the defendant is incarcerated. The bill also removes the requirement thata defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to beeligible to enter into a deferred or installment payment agreementand allows any defendant to enter such payment agreements. The billremoves the one-time fee not to exceed $10 that a court may assesswhen a defendant is unable to make payment within 90 days of sentencingand provides that no fee shall be assessed in connection with a defendant'sparticipation in a deferred or installment payment agreement. Thebill removes the requirement that a defendant make a down paymentupon entering a deferred, modified deferred, or installment paymentagreement.

Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779.

Emergency order for adult protective services; acts of violence, force, or threat or financial exploitation; penalty. Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult's family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. The bill provides that any person who violates any such condition is guilty of a Class 1 misdemeanor. Also, the bill provides that hearings on emergency orders for adult protective services shall be held no earlier than 24 hours and no later than 72 hours after the notice required has been given, unless such notice has been waived by the court. Current law just requires such hearing be held no earlier than 24 hours. Lastly, the bill provides that if the court enters an order containing any of the aforementioned conditions, the primary law-enforcement agency providing service and entry of protective orders shall enter the name of the perpetrator into the Virginia Criminal Information Network and the order shall be served forthwith on the perpetrator.

Virginia Employment Commission; communications with parties; report. Authorizes the Virginia Employment Commission to send notices and other communications related to claims brought under the Virginia Unemployment Compensation Act through email or other electronic means in lieu of mail if a party to the claim so elects. The bill requires the Commission, if an electronic communication fails to be transmitted successfully, to send a new notice by first-class mail to the party's alternative address on record. The bill directs the Commission to report the number of unemployment insurance claimants who elect to receive communications electronically, and the effect of this change on Commission operations, by December 31, 2022.

Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related, product-related, or circumstance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.

Objects of antiquity; removal from battlefield;penalty. Adds land owned by a battlefield preservation organizationand land on which such organization holds an easement to the categoryof lands on which it is unlawful to intentionally damage, disturb,or remove any object of antiquity. Current law prohibits such actson any designated state archaeological site or on state-controlledland and provides that a violation of the prohibition is a Class1 misdemeanor.

Alcoholic beverage control; license fee reform;delay; emergency. Delays the effective date of the 2020 alcoholicbeverage control license and fee reform from July 1, 2021, to January1, 2022. During the period of delay and subject to certain requirements,the bill allows on-premises wine or beer licensees to sell wine orbeer for off-premises consumption and allows such licensees, as wellas off-premises wine or beer licensees, to deliver wine or beer thatthe licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.

Student driver safety. Adopts measures aimedat improving student driver safety. The bill requires curriculumfor tenth grade health at public schools to include instruction onthe dangers of distracted driving and speeding, to be developed bythe Department of Education. Finally, the bill requires that a studentshow proof of a valid driver's license or driver privilege card before being issued a school parking pass at a public high school and thatschools use a common application for such parking passes.