2021 Bill Tracker

Homicides and assaults and bodily woundings; certain matters not to constitute defenses. – HB 2132 (Roem) Provides that the discovery of, perception of, or belief about another person’s actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating malice as an element of murder. EV SUPPORTS

HB 2132 Status: Signed into law by Governor (effective 7/1/21).

Hate crimes; associational relationships; penalty. – SB 1203 (Hashmi) Redefines 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 to include a person’s actual or perceived race, color, ethnicity, religious conviction, national origin, gender, sex, disability, gender identity, gender expression, or sexual orientation or a person’s actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religious conviction, national origin, gender, sex, disability, gender identity, gender expression, or sexual orientation. The bill adds these categories of victims whose intentional selection for a hate crime involves malicious wounding and makes such crime punishable by a term of imprisonment of not less than five years, nor more than 40 years. The bill also redefines these categories for the purposes of reporting hate crimes to the central repository of information maintained by the Virginia State Police, for civil actions to recover damages for vandalism, and for interactive computer service liability. EV SUPPORTS

SB 1203 Status: Passed by indefinitely in Judiciary (10-Y 5-N)

Sexually transmitted infections; infected sexual battery; repeal. – SB 1138 (Locke) Repeals the crime of infected sexual battery. The bill also repeals the crime of donating or selling blood, body fluids, organs, and tissues by persons infected with human immunodeficiency virus and the provisions regarding the testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses. The bill contains technical amendments.

SB 1138 Status:Signed into law by Governor (effective 7/1/21).

Constitutional amendment (first reference); HJ 582 marriage; repeal of same-sex marriage prohibition; affirmative right to marry. (Incorporates: HJ539 (Levine) and HJ557 (Lopez), Companion Bills: SJ 270 (Ebbin)) Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. EV SUPPORTS

HJ 582 Status: House: Agreed to (60-Y 33-N) Senate: Agreed to (22-Y 12-N)

Constitutional amendment; marriage (first reference). – SJ 270 (Ebbin) (Companion Bills: HJ 582 (Sickles), HJ 557 (Lopez), and HJ 539 (Levine)) Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as “only a union between one man and one woman”; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing “a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage”; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing “another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.” The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015). EV SUPPORTS

SJ 270 Status: Senate: agreed to (24-Y 12-N) House: VOTE: Adoption (60-Y 37-N)

Aging services; social need. – SB 1366 (Barker) (Companion Bill: HB 1805 (Adams, D)) Provides that, in providing aging services, the Department for Aging and Rehabilitative Services shall prioritize older persons with significant social need and defines “social need” as need caused by noneconomic factors, including physical and developmental disabilities; language barriers; cultural, social, or geographic isolation, including that caused by racial or ethnic status; gender identity or gender expression; sexual orientation; or status as a person infected with human immunodeficiency virus that restricts an individual’s ability to perform normal daily tasks or threatens such individual’s capacity to live independently. EV SUPPORTS

SB 1366 Status: Signed into law by Governor (effective 7/1/21).

Aging services; social need. – HB 1805 (Adams, D) (Companion Bill: SB 1366 (Barker)) Provides that, in providing aging services, the Department for Aging and Rehabilitative Services shall prioritize older persons with significant social need and defines “social need” as need caused by noneconomic factors, including physical and developmental disabilities; language barriers; cultural, social, or geographic isolation, including that caused by racial or ethnic status; gender identity or gender expression; sexual orientation; or status as a person infected with human immunodeficiency virus that restricts an individual’s ability to perform normal daily tasks or threatens such individual’s capacity to live independently. EV SUPPORTS

HB 1805 Status: Signed into law by Governor (effective 7/1/21).

Child-placing agencies; conscience clause; repeal. – HB 1932 (Levine) Repeals provisions that allowed child-placing agencies to refuse to perform, assist with, counsel, recommend, consent to, refer, or participate in any child placements when the proposed placement would violate the agency’s written religious or moral convictions or policies. EV SUPPORTS

HB 1932 Status: House: passed (53-Y 43-N) Senate: Left in Rehabilitation and Social Services

Confirmatory adoption. – SB 1321 (Boysko) Expands the stepparent adoption provisions to allow a person who is not the child’s stepparent but has a legitimate interest in the child to file a joint petition for adoption with the child’s birth parent or parent by adoption. EV SUPPORTS

SB 1321 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment. –  SB 1360 (McClellan) (Companion bill HB 2155 (Watts)) Clarifies, by defining sexual harassment and workplace harassment, what constitutes an unlawful employment practice if engaged in by an employer. The bill also provides (i) a nonexhaustive list of factors to consider when determining whether certain conduct constitutes workplace harassment; (ii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of Human Rights within two years after the occurrence of the alleged unlawful discriminatory practice; and (iii) that an aggrieved person who has been provided a notice of his right to file a civil action for such grievance may do so within one year of receiving such notice and may be awarded reasonable attorney fees, including costs and reasonable litigation expenses, if the court or jury finds in his favor. The bill also amends the definition of “employer” to mean a person employing five or more employees, instead of 15 or more employees under current law, for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. EV SUPPORTS

SB 1360 Status: Recommitted to Judiciary Committee 

Employment; domestic service; Human Rights Act. – SB 1310 (McClellan) Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding the payment of wages, and the Virginia Workers’ Compensation Act. The measure also provides that the prohibitions on nondiscrimination in employment of the Virginia Human Rights Act apply to employers that employ one or more domestic workers. EV SUPPORTS

SB 1310 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Act; definition of employer; person employing one or more domestic workers. – HB 1864 (Price) Expands the definition of “employer” for all purposes of the Virginia Human Rights Act to include a person employing one or more domestic workers, as defined in the bill. EV SUPPORTS

HB 1864 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Acts; discrimination on the basis of disability. – HB 1848 (Sickles) Adds discrimination on the basis of disability as an unlawful employment practice under the Virginia Human Rights Act. The bill also requires employers, defined in the bill, to make reasonable accommodation to the known physical and mental impairments of an otherwise qualified person with a disability, if necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation, from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee, or from requiring an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the disability. The bill creates a cause of action against any employer who denies any of the rights to reasonable accommodation afforded by the bill and permits the court or jury to award compensatory damages, back pay, and other equitable relief. EV SUPPORTS

HB 1848 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment. – HB 2155 (Watts) (Companion bill: SB 1360 (McClellan)) Clarifies, by defining sexual harassment and workplace harassment, what constitutes an unlawful employment practice if engaged in by an employer. The bill also provides (i) a nonexhaustive list of factors to consider when determining whether certain conduct constitutes workplace harassment; (ii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of Human Rights within two years after the occurrence of the alleged unlawful discriminatory practice; and (iii) that an aggrieved person who has been provided a notice of his right to file a civil action for such grievance may do so within one year of receiving such notice and may be awarded reasonable attorney fees, including costs and reasonable litigation expenses, if the court or jury finds in his favor. The bill also amends the definition of “employer” to mean a person employing five or more employees, instead of 15 or more employees under current law, for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. EV SUPPORTS. 

HB 2155 Status: House: passed (54-Y 44-N) Senate: Failed to report (defeated) in Judiciary (6-Y 7-N)

Budget Bill. – HB 1800 (Torian) (Companion bill: SB 1100 (Howell)) Amends Chapter 56 of the 2020 Special Session I Acts of Assembly. EV SUPPORTS

HB 1800 Status: House: Passed (68-Y 30-N), Conference report agreed to by House (67-Y 32-N) Senate: Passed with amendments (30-Y 9-N), Conference report agreed to by Senate (29-Y 10-N)

Senators Howell, Barker, Lucas, Locke, Deeds, Norment, Hanger, Saslaw (Advisor), Newman (Advisor) and Delegates Torian, Sickles, Carr, Tyler, Bulova, Knight, Austin appointed for conference committee

Virginia LGBTQ+ Advisory Board. – HB 2130 (Lopez) Establishes the Virginia LGBTQ+ Advisory Board to advise the Governor regarding the economic, professional, cultural, educational, and governmental links between the Commonwealth and the LGBTQ+ community in Virginia and sets out the powers and duties of the Board. The Board shall be composed of 21 nonlegislative citizen members, at least 15 of whom shall identify as LGBTQ+, to be appointed by the Governor, and the Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, and Public Safety and Homeland Security, or their designees, who shall serve as ex officio members. EV SUPPORTS

HB 2130 Status: Signed into law by Governor (effective 7/1/21) .

Budget Bill. – SB 1100 (Howell) (Companion Bill: HB 1800 (Torian)) Amends Chapter 56 of the 2020 Special Session I Acts of Assembly. EV SUPPORTS

SB 1100 Status: Senate: Motion for Special and Continuing Order at the end of Senate Calendar on February 12 (39-Y 0-N) House: Referred to Committee on Appropriations

Law-enforcement officer; duty to render aid; duty to report wrongdoing by another law-enforcement officer. – HB 1948 (Levine) Requires any law-enforcement officer on duty who witnesses another person suffering from a serious bodily injury or a life-threatening condition to render aid and makes it a duty to report acts of wrongdoing, defined in the bill and including bias-based profiling, committed by another law-enforcement officer on duty. Any law-enforcement officer who fails to render such aid or report such wrongdoing committed by another law-enforcement officer shall be subject to disciplinary action, including dismissal, demotion, suspension, or transfer of the law-enforcement officer. The bill also expands the definition of “bias-based profiling,” a practice banned for sheriffs, deputy sheriffs, other local law-enforcement officers, and State Police officers in the performance of their official duties, to include sexual orientation and gender identity. EV SUPPORTS

HB 1948 Status: House: Passed (57-Y 42-N) Senate: Passed by indefinitely in Judiciary (7-Y 6-N)