New Laws in Virginia Effective July 1, 2020 and Noteworthy Actions by the 维吉尼亚Legislature

Many of the new laws passed in the 2020 legislative session reflect concerns that dominated the news last year, 比如大麻合法化, mass shootings and gun control. 2021年的会议将, 毫无疑问, have bills introduced reflecting current concerns raised by the Black Lives Matter movement and COVID-19.

大麻合法化

Penalties for offenses involving personal 占有 of up to one ounce of marijuana are now a civil violation and no longer a misdemeanor.  The punishment for 拥有 small amount of marijuana is now a maximum $25 fine, 没有被逮捕, 没有犯罪记录.  刑事 records of similar 占有 by past offenders are now sealed from employers and school administrators. (sb 2/ hb 972)

枪支管制

Background checks are now required for any firearm sale for a commercial transaction or a person-to-person exchange.  Background checks at gun shows were previously optional but are now mandatory.  The VA State Police Department has three days in which to complete the background check before a firearm may be transferred. (hb 2, hb 355)

When a person poses a substantial risk of injury to himself or others, a law enforcement officer or Commonwealth Attorney may seek an emergency order from a court of law. The order may restrict or remove firearms from such person and prohibit the purchasing, 拥有, 或者运输枪支.  The person will have 24 hours to turn over firearms voluntarily.  Anyone transferring a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. (HB 674) 

A person subject to a permanent protective order is prohibited from 拥有 a firearm except for 24 hours after being served with the protective order for the purpose of selling or transferring the firearm to an unrestricted person. (HB 1004)

A person who is not a licensed firearms dealer is prohibited from purchasing more than one handgun in a 30-day period. (HB 812) 

Loss or theft of a firearm must be reported to a local law-enforcement agency or the Department of State Police within 48 hours of discovery. (HB 9) 

The penalty for anyone recklessly leaving a loaded, unsecured firearm in a manner as to endanger the life or limb of a person under the age of 14 has increased from a Class 3 to a Class 1 misdemeanor punishable with a fine up to $2,500 and up to 12 months in jail. (HB 1083) 

Localities may prohibit the 占有 or carrying of firearms, 弹药, or components or any combination thereof in any building used for governmental purposes, 任何公园, any recreation or community center, 或者任何公共街道, 人行道或路权. (HB 421) 

增税:香烟 & 烟草制品

From 30 cents to 60 cents per pack, the tax on cigarettes just doubled. There are also new, higher rates for liquid nicotine products. (HB 1120) 

减税:枪支安全

A gun safe or vault with a sales price of $1,500 or less is now exempt from the retail sales and use tax. (SB 268) 

假释改革

Juveniles committed of crimes and receiving lengthy sentences are now eligible for parole after serving 20 years. (HB 35) 

性交易

The name of sex trafficking assessments is changed to human trafficking assessments.  As recommended by the VA State Crime Commission, local departments of social services can now interview the alleged child victim or his/her siblings outside the presence and without the consent of a parent, 《现金网官网》, 或者学校官员.  (HB 1006) 

人权

Localities may prohibit discrimination in housing, 就业, 公共设施, 信贷, and education on the basis of sexual orientation and 性别认同. (HB 696) 

Employers must make reasonable accommodations for the known limitations of persons related to pregnancy, childbirth or related medical conditions. (hb 827/ sb 712) 

仇恨犯罪

性别, 残疾, 性别认同, and sexual orientation are added as categories of victims whose intentional selection for a hate crime involving assault, 电池, or trespass for the purpose of damaging another’s property results in a higher penalty.  The bill also requires such crimes to be reported to the VA State Police central repository of information regarding hate crimes. (hb 618/ sb 179) 

驾照被吊销

Nonpayment of certain fines or costs will no longer result in a suspension of a VA driver’s license. (hb 1996/ sb 1) 

过量

No person shall be subject to arrest or prosecution for the unlawful purchase, 占有, or consumption of alcohol or controlled substance, 公共中毒, or 占有 of controlled paraphernalia if he seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or seeks help for another if such person is experiencing an overdose. (SB 667) 

比赛

The requirement to report race on marriage records, divorce and annulment reports is eliminated. (hb 180/ sb 62/ sb 1066) 

公平住房

Discrimination on the basis of a person’s source of funds is added to the list of unlawful discriminatory housing practices.  The bill defines “source of funds” as any source that lawfully provides funds to or on behalf of a renter or buyer of housing including any assistance, 好处, 或者补贴项目, whether governmental or private. (HB 6) 

最低工资

The minimum wage increases from the federally mandated $7.每小时25美元到9美元.50 per hour effective May 1, 2021.  Additional increases include $11.00 per hour effective January 1, 2022, $12.00 per hour effective January 1, 2023, $13.50 per hour effective January 1, 2025, and $15.00 per hour effective January 1, 2026.  1月1日开始, 2027年及以后, the annual minimum wage shall be adjusted by the Consumer Price Index. 

投票权

The photo identification requirement is repealed.  Additional forms of identification are accepted.  A signed statement in lieu of a required form of identification is accepted. (hb 19/ sb 65) 

Absentee ballots from a person entitled to vote that are returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and postmarked on or before the date of the election shall be counted. (hb 238/ sb 455) 

成人财务虐待

Financial institutions must report to the local department of social services or the adult protective services hotline within five 业务 days any refusal to execute a transaction, 事务的延迟, or refusal to disburse funds based on a good faith belief that such disbursement or transaction may involve financial exploitation of an adult. (SB 391) 

驾驶违规

Holding any handheld personal communications device while driving a motor vehicle is prohibited. (hb 874/ sb 160) 

State and local law enforcement agencies are authorized to operate photo speed monitoring devices in or around school crossing zones and highway work zones. (HB 1442) 

A person who uses a bicycle lane for passing or operates a motor vehicle in a careless or distracted manner and is the proximate cause of serious physical injury to a vulnerable road user (such as a pedestrian, 骑自行车, 使用轮椅的人, 滑板, 溜冰鞋, or scooter) is guilty of a class 1 misdemeanor(similar to reckless driving). (SB 437)

Reckless driving for speed is increased from 80 mph to 85 mph. (hb 885/ sb 63) 

Repeal of Same-sex Marriages Prohibition

Statutory prohibitions on same-sex marriages and civil unions are repealed. These statutes were no longer valid based on the United States Supreme Court decision in Obergefell v. 霍奇斯(2015年6月). (hb 1490/ sb 17) 

平等权利修正案

1月15日, 2020年ERA, proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex, was ratified by both the VA House and Senate making it the 38th and pivotal state to do so.  Due to the long-since expiration of the deadline to reach the required number of states necessary (June 30, 1982), and the five states’ revocations, this may or may not have any legal bearing on eventual adoption.  It’s now ripe for legal debate and further clarification by the courts. 

This is a partial list of new laws. It’s important to consult an attorney or do further research into any law that impacts you personally. 

凯瑟琳Byler is a 现金网官网 and 现金网官网 attorney focusing her practice in the areas of real estate, 业务, 监护, 以及遗产规划事宜.