Sen. Danny Diggs

Firearm safety device tax credit; definition of firearm safety device. Expands the definition of "firearm safety device" as it relates to the firearm safety device tax credit to include any device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device. The provisions of the bill are effective for taxable years beginning on and after January 1, 2024. This bill incorporates HB 945.

Virginia Freedom of Information Act; release of criminal investigative files exception. Exempts a victim's insurance company and attorney from the prohibition on releasing photographic, audio, video, or other records depicting such victim. The bill also permits a victim, a victim's immediate family members if the victim is deceased, a victim's parent or guardian, the victim's insurance company, or the victim's attorney to waive the 14-day period for a public body to respond to a request for criminal investigative files.

Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law.The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.

Public secondary schools; satisfaction of physical education requirements; participation in Junior Reserve Officers' Training Corps. Permits each local school board to accept participationin the Junior Reserve Officers' Training Corps as fulfillment of any physical education requirements applicable to students in grades nine through 12.

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 incorporates SB 120 and is identical to HB 18.

Criminal Injuries Compensation Fund; claims. Provides that in claims for an award under the Criminal Injuries Compensation Fund involving claims of sexual abuse of a minor where the conduct constitutes a felony, the passage of time shall not be a barrier to when the victim can file a claim. Under current law, such claim involving sexual abuse of a minor shall be filed within 10 years after the minor's eighteenth birthday. This bill is identical to SB 646.

Local government; standardization of public notice requirements for certain meetings, hearings, or intended actions. Standardizes the frequency with which and length of time in which notices of certain meetings, hearings, and other intended actions of localities must be published. The notice provisions included in the bill are organized into three groups: (i) publication required at least seven days before the meeting, hearing, or intended action; (ii) publication required twice, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the meeting, hearing, or intended action; and (iii) publication required three times, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the meeting, hearing, or intended action. The bill also standardizes descriptive information in such notices related to (a) proposing, amending, or repealing ordinances; (b) local budget adoption; and (c) zoning ordinances and planning-related actions. This bill is identical to HB 1488.

Department of Motor Vehicles; release of privileged information. Permits the Department of Motor Vehicles to release to a party that is subject to an administrative proceeding conducted by the Department nonmedical privileged information necessary to participate in such administrative proceeding. The bill limits such information to matters of fact and law asserted or questioned by the Department and prohibits the dissemination of such information to any third party that is not a party to the administrative proceeding.

Center for Rural Virginia; name change. Renames the Center for Rural Virginia as the Senator Frank M. Ruff, Jr. Center for Rural Virginia. This bill is identical to HB 1381.

Exemptions from jury service upon request; age. Increases from 70 to 73 the age at which a person is exempt from jury service upon request. This bill is identical to SB 638.