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These are the new Virginia laws taking effect on July 1

Posted at 12:51 PM, Jun 29, 2022
and last updated 2022-07-01 13:07:54-04

RICHMOND, Va. — After another series of sessions from Virginia lawmakers, there are many new laws and amendments to existing laws that will go into effect on Friday. Here's a look at some of them:

Alcohol and Marijuana

HB 426: Creates a third-party delivery license that authorizes the licensee to deliver alcoholic beverages purchased by consumers from other retail licensees.

HB 455: Authorizes the Board of Directors of the Virginia Alcoholic Beverage Control Authority (the Board) to issue a mixed beverage casino license. The bill provides for the sale and service of alcoholic beverages for on-premises consumption in areas designated by the Board during all hours of operation of the mixed beverage casino licensee and authorizes the licensee to provide gifts of alcoholic beverages to patrons and establish loyalty or reward credit programs under certain conditions.

HB 20: Allocates from the General Fund an amount equal to 20% of the 20% tax levied on the sale of Virginia-distilled spirits to the Virginia Spirits Promotion Fund.

SB 325: This law increases the amount of alcoholic beverages that a person may transport into the commonwealth from one gallon to three gallons.

SB 527: This bill removes the sunset clause from the authorization for the sale of neutral grain spirits or alcohol up to a proof limit of 151 in ABC stores.

THC Copycat Edibles Ban: A provision in the new state budget bans the sale of THC products in packaging designed to resemble protected trademarks, as well as seemingly child-friendly products shaped like people, animals, vehicles or fruit.

Misdemeanor Possession of Marijuana: Through the budget, lawmakers also created a new criminal misdemeanor for possessing more than 4 ounces (113 grams) but not more than 1 pound (454 grams) of marijuana in public. Possession of more than an ounce but less than a pound was previously punishable as a civil violation with a $25 fine.

Animals and Hunting

SB 87: Prohibits sale of dogs or cats for experimental purposes

SB 88: Requires any person or entity that breeds dogs or cats for sale or transfer to an animal testing facility to keep records of each animal for five years from the date of the acquisition, transfer, or disposition and to quarterly submit a summary of the records to the State Veterinarian.

SB 90: Requires a breeder of dogs and cats for sale or transfer to an animal testing facility that no longer has a need for a dog or cat in its possession to offer the animal for adoption prior to euthanizing it.

SB 8: Permits hunting on Sunday on public or private land, so long as it takes place more than 200 yards from a place of worship.

HB 1273: Requires that any dog engaged in lawful hunting wear a substantial collar with a tag attached that identifies the name of the owner or custodian of the dog and a current phone number.

SB 249: Any person who knowingly is any type of sexual abuse of an animal, as outlined in the bill, will be guilty of a Class 6 felony.

Criminal Justice

SB 741: Authorizes local law-enforcement agencies, campus police departments and State Police to use facial recognition technology for certain authorized uses as defined in the bill.

HB 632: Officers can stop vehicles with loud exhaust systems again. This was previously banned in an effort by the Northam administration to reduce racial disparities.

HB 170: Directs the Secretary of Public Safety and Homeland Security to convene a work group to study inmate work release programs.

HB 397: Modifies the formula for compensating wrongfully incarcerated persons to equal $55,000 per year of incarceration, adjusted for inflation, changes the amount of compensation that may be paid out as a lump sum to equal 25% of the total award with the remainder to be paid out as an annuity with a term of 10 years.

HB 738: Provides that whenever a court orders an evaluation of a defendant's competency to stand trial, the clerk of the court shall provide a copy of the order to the Department of Behavioral Health and Developmental Services.

HB 258: Directs the Department of Criminal Justice Services, under the direction of the Criminal Justice Services Board, to develop an online course to train hotel proprietors and their employees, as defined in the bill, to recognize and report instances of suspected human trafficking. The bill provides that such online course shall be provided at no cost to the hotel proprietors and their employees.

SB 658: The law-enforcement agency that receives a physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. There are more guidelines for evidence recovery kits outlined in the bill.

SB 493: Provides that any person 18 years of age or older who knowingly transmits an intimate image, as defined in the bill, by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
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HB 750: Prohibits police departments and sheriff's offices from utilizing ticket quotas.

Education

HB 4: Requires school principals to report to law enforcement certain enumerated acts that may constitute a misdemeanor offense, and report to the parents of any minor student who is the specific object of such act that the incident has been reported to law enforcement. Previously, principals were only required to make such reports for such acts that may constitute a felony offense.

HB 525 (Adam’s Law): Establishes mandates at nonprofit private institutions of higher education and public institutions of higher education relating to hazing and defines different types of organizations at such institutions to which the mandates apply. The bill requires each such institution to provide to each current member, new member, and potential new member of each student organization with new members hazing prevention training that includes extensive, current, and in-person education about hazing, the dangers of hazing, including alcohol intoxication, and hazing laws and institution policies and information explaining that the institution's disciplinary process is not to be considered a substitute for the criminal legal process and provides that if a student organization with new members has an advisor, such advisor shall receive such hazing prevention training.
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HB 829: Permits school boards to fulfill the staffing ratio requirements for school counselors under specific circumstances listed in the bill.

HB 1129: Requires each local school board to require its schools to collaborate with the chief law-enforcement officer of the locality when conducting required school safety audits.

SB 223: Establishes several parameters for the compensation and representation of a student-athlete related to the use of such student's name, image, or likeness.

Equity, Diversity and Inclusion

HB 140: Changes the date of establishment that qualifies historical African American cemeteries for appropriated funds to care for such cemeteries from prior to January 1, 1900, to prior to January 1, 1948, and provides that the total number of graves in a qualifying cemetery shall be the number of markers of African Americans who were interred in such cemetery prior to January 1, 1948.
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HB 727: Expands the definition of a qualified organization that may receive funds for maintenance of a historical African American cemetery to include any locality whose purpose for applying for funding from the Department of Historic Resources is to maintain a neglected historical African American cemetery, or a portion thereof, that is located within its jurisdictional bounds.

HB 141: Establishes the Virginia Black, Indigenous, and People of Color Historic Preservation Fund for the purpose of awarding grants to eligible state-recognized and federally recognized Indian tribes, private nonprofit organizations, and localities for the eligible costs of acquiring land or permanent protective interest.

SB 151: Extends the expiration of the Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans from July 1, 2022 to July 1, 2024. The bill also provides for the nonlegislative citizen members of the Commission to continue to serve for the duration of the extension.

Veterans

HB 40: Authorizes a disabled veteran special license plate issued to a disabled veteran to be transferred, upon their death, to their unremarried surviving spouse.

HB 120: Authorizes resident veterans who have a service-connected disability of at least 30% to receive from the Department of Wildlife Resources a lifetime license to hunt and freshwater fish at no cost or a reduced cost depending on the veteran's disability rating.

HB 358: Directs the Secretary of Veterans and Defense Affairs and the Secretary of Commerce and Trade, in conjunction with the Department of Small Business and Supplier Diversity, to examine the waiving of fees associated with permits necessary to establish a small business for veteran-owned small businesses.

Miscellaneous

HB 270: Requires the Virginia Employment Commission to calculate and report the (i) average unemployment insurance benefit levels, (ii) average income replacement of unemployment insurance benefits, and (iii) recipiency rate for unemployment insurance benefits in the Commonwealth as part of the Commission's annual balance sheet

HB 1060: Expands the definition of "critically missing adult" to include any missing adult, including an adult who has a developmental disability, intellectual disability, or mental illness, 18 years of age or older for the purpose of receipt of critically missing adult reports by a police or sheriff's department and the Virginia Critically Missing Adult Alert Program administered by the Department of State Police and removes from the Program the eligibility requirement that the adult is believed to have been abducted.

HB 1191 (Marcus alert system): Extends the date by which localities shall establish voluntary databases to be made available to the 9-1-1 alert system and the Marcus alert system to provide relevant mental health information and emergency contact information for appropriate response to an emergency or crisis from July 1, 2021, to July 1, 2023.
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SB 96: Prohibits gaming businesses, as defined in the bill, from using the phrase "Virginia is for Bettors" in an advertisement in association with their products or services. A violation is subject to a civil penalty of up to $50,000.

HB 740: This new law makes it a Class 6 felony for a person to willfully break, injure, tamper with, or remove any part or parts of any vehicle, aircraft, boat, or vessel to remove a catalytic converter or the parts thereof.
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SB 3: The bill requires general registrars to report to the Department of Elections the number and results of absentee ballots cast by voters assigned to each precinct in the registrar's locality. The Department is directed by the bill to establish standards for ascertaining and reporting such information.

HB 481: Requires every hospital to make information about standard charges for items and services provided by the hospital available on the hospital's website by July 1, 2023.

HB 234: Directs the Secretary of Health and Human Resources to study the current oversight and regulation of nursing homes, assisted living facilities, and other congregate living settings to improve efficiency and effectiveness of regulation and oversight, provide better transparency for members of the public navigating the process of receiving services from such facilities, and better protect the health and safety of the public and to report their findings and recommendations to the Governor and the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Appropriations and Health, Welfare and Institutions by October 1, 2022.

SB 451: Gets rid of the state grocery tax.