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SPONSORED LEGISLATION
HB266 - Custodial interrogation of a child; failure to comply with section, inadmissibility of statement.
Vivian E. Watts, Jackie H. Glass, Alfonso H. Lopez
Last updated 8 months ago
3 Co-Sponsors
Custodial interrogation of a child; failure to comply with section; inadmissibility of statement. Provides that if a law-enforcement officer knowingly fails to comply with existing law regarding parental notification and contact prior to a custodial interrogation of a child, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily. Custodial interrogation of a child; failure to comply with section; inadmissibility of statement. Provides that if a law-enforcement officer knowingly fails to comply with existing law regarding parental notification and contact prior to a custodial interrogation of a child, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.
STATUS
Passed
HB268 - Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim.
Vivian E. Watts, Alfonso H. Lopez
Last updated 8 months ago
2 Co-Sponsors
Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system. Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim prior to or during the commission of the alleged offense; treatment and rehabilitation. Requires a juvenile and domestic relations district court, when determining whether to retain jurisdiction of a juvenile defendant during a transfer hearing, to consider any evidence that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim prior to or during the commission of the alleged offense and that such alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking. The bill also requires that a study and report prior to a transfer hearing include any relevant information supporting an allegation that such juvenile was a victim of felonious sexual assault or trafficking by the alleged victim. The bill also creates a procedure for a juvenile to present such evidence in mandatory transfer cases that under current law require the juvenile and domestic relations district court to transfer the case to the circuit court and provides that upon a finding that the alleged offense was a direct result of the juvenile being a victim of such felonious sexual assault or trafficking, the juvenile and domestic relations district court can instead conduct a transfer hearing to determine whether to keep the case in juvenile court. The bill also creates a similar procedure allowing a juvenile to present such evidence in certain cases where current law requires the juvenile and domestic relations district court to transfer the case to circuit court if the attorney for the Commonwealth gives notice of an intent to proceed with such transfer. Also, in juvenile cases that are tried in circuit court, the bill allows the court to set aside a guilty verdict and instead render the juvenile delinquent if prior to the final order or within 21 days of such order, the court receives evidence that the juvenile was a victim of such felonious sexual assault or trafficking. Lastly, the bill states that it is the intent of the General Assembly that these juveniles be viewed as victims and provided treatment and services in the juvenile system.
STATUS
Passed
HB887 - Income tax, state; creates a new tax bracket.
Vivian E. Watts
Last updated 11 months ago
1 Co-Sponsor
Income taxes. Creates a new income tax bracket for taxable years beginning on and after January 1, 2024, for income in excess of $600,000, which is to be taxed at seven percent. The bill also creates two new tax credits: a child and dependent care tax credit and a family caregiver tax credit. Both tax credits would be refundable for Virginia residents and would be available for taxable years beginning on and after January 1, 2024, but before January 1, 2029. The child and dependent care tax credit would equal 50 percent of the federal tax credit allowed for employment-related expenses for household and dependent care services. A similar income tax deduction for employment-related expenses would be sunsetted by the bill. The family caregiver tax credit would apply to expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The family caregiver tax credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. The family caregiver tax credit shall be available only to taxpayers that have federal adjusted gross income that is no greater than $100,000 for individuals or $200,000 for married persons.
STATUS
Introduced
HB25 - Retail Sales and Use Tax; establishes an annual tax holiday that takes place in August.
David A. Reid, Joshua G. Cole, William Chad Green
Last updated 8 months ago
38 Co-Sponsors
Annual retail sales and use tax holiday. Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on July 1, 2025, through July 1, 2030. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment.
STATUS
Passed
HB1420 - Juveniles; adjudication of delinquency.
Vivian E. Watts
Last updated 8 months ago
1 Co-Sponsor
Juveniles; adjudication of delinquency. Specifies that a delinquent child is a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a juvenile younger than 11 years of age is found to have committed a delinquent act, the juvenile shall not be proceeded upon as delinquent; however, the court may make any orders of disposition authorized for a child in need of services or a child in need of supervision. The bill includes in the definition of "child in need of services" a child younger than 11 years of age who has committed a delinquent act. Juveniles; adjudication of delinquency. Specifies that a delinquent child is a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a juvenile younger than 11 years of age is found to have committed a delinquent act, the juvenile shall not be proceeded upon as delinquent; however, the court may make any orders of disposition authorized for a child in need of services or a child in need of supervision. The bill includes in the definition of "child in need of services" a child younger than 11 years of age who has committed a delinquent act. Finally, the bill includes in the offense of causing or encouraging acts rendering children delinquent, abused, etc., any person 18 years of age or older, including the parent of any child, who willfully contributes to, encourages, or causes any act, omission, or condition that causes a child younger than 11 years of age to commit a delinquent act. Under current law, any person who commits such offense is guilty of a Class 1 misdemeanor.
STATUS
Vetoed
HB889 - Retail Sales and Use Tax; levies tax on following services: admissions, charges for recreation, etc.
Vivian E. Watts
Last updated 11 months ago
1 Co-Sponsor
Sales and use tax on services. Levies the retail sales and use tax on the following services: admissions; charges for recreation, fitness, or sports facilities; nonmedical personal services or counseling; dry cleaning and laundry services; companion animal care; residential home repair or maintenance, landscaping, or cleaning services when paid for directly by a resident or homeowner; vehicle and engine repair; repairs or alterations to tangible personal property; storage of tangible personal property; delivery or shipping services; travel, event, and aesthetic planning services; and communications services that are not subject to the communications sales and use tax and are not digital personal property. Sales and use tax on services. Levies the retail sales and use tax on the following services: admissions; charges for recreation, fitness, or sports facilities; nonmedical personal services or counseling; dry cleaning and laundry services; companion animal care; residential home repair or maintenance, landscaping, or cleaning services when paid for directly by a resident or homeowner; vehicle and engine repair; repairs or alterations to tangible personal property; storage of tangible personal property; delivery or shipping services; travel, event, and aesthetic planning services; and communications services that are not subject to the communications sales and use tax and are not digital personal property. The bill also imposes the retail sales and use tax on digital personal property, defined in the bill as a digital product delivered electronically that the purchaser owns or has the ability to continually access without having to pay an additional subscription or usage fee to the seller after paying the initial purchase price. Revenues generated by the taxes levied on services and digital personal property shall be allocated in the same manner as other sales and use taxes; however, revenues from the state portion of the sales and use tax that would be allocated to the general fund shall instead be allocated to school divisions as follows: (i) 60 percent shall be distributed to localities on the basis of school-age population and (ii) 40 percent shall be distributed to localities on the basis of the high-need student population in the locality. The bill clarifies that a high-need student population includes students who are (a) automatically certified for free school meals because of participation in social services programs, (b) participants in a program of special education, or (c) English language learners. The bill provides certain exemptions to the sales and use tax on services, including health care services that must be performed by a person licensed or certified by the Department of Health Professions, veterinary services, professional services, Internet access services, and services provided by a person who does not receive more than $2,500 per year in gross receipts for performance of such services. The bill exempts services purchased by a nonprofit organization and services purchased by a homeowners' association or by a landlord for the benefit of his tenant. The bill also repeals the service exemptions currently provided for the sale of custom programs and modification of prewritten programs. The bill imposes the communications sales and use tax on prepaid calling services and on digital subscription services, defined in the bill as services for which the user pays in order to access and use software, reading materials, or other digital data or applications for a defined period of time, which products the user does not own or have permanent access to outside of such period of time.
STATUS
Introduced
HJR9 - Constitutional amendment; marriage between two individuals.
Mark D. Sickles, Elizabeth B. Bennett-Parker, David L. Bulova
Last updated 11 months ago
28 Co-Sponsors
Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. 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 prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. 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 prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.
STATUS
Introduced
HB267 - Assault or assault and battery; affirmative defense, penalty.
Vivian E. Watts, Marcia S. Price
Last updated 8 months ago
2 Co-Sponsors
Assault and battery; affirmative defense; penalty. Provides an affirmative defense to prosecution of an individual for assault or assault and battery of certain specified individuals for which the enhanced Class 6 felony and six month mandatory minimum apply if such individual proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the individual's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual disability, such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (ii) the individual met the criteria for issuance of an emergency custody order. Assault and battery; affirmative defense; penalty. Provides an affirmative defense to prosecution of an individual for assault or assault and battery of certain specified individuals for which the enhanced Class 6 felony and six month mandatory minimum apply if such individual proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the individual's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual disability, such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (ii) the individual met the criteria for issuance of an emergency custody order. The bill provides that if such individual does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find the accused guilty of a misdemeanor assault or assault and battery. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication.
STATUS
Vetoed
HB1394 - Income tax, state; tax subtraction as a result of unlawful discrimination.
Vivian E. Watts
Last updated 10 months ago
1 Co-Sponsor
Income tax subtraction; unlawful discrimination. Provides an income tax subtraction for any amount received by a claimant for noneconomic damages as a result of unlawful discrimination, defined in the bill, for taxable years beginning on and after January 1, 2024.
STATUS
Introduced
HB1444 - State sales and use tax; distribution based on population of cities and counties ages 5 to 19.
Vivian E. Watts, Joseph P. McNamara
Last updated 10 months ago
2 Co-Sponsors
Distribution of state sales and use tax based on the population of cities and counties ages five to 19 and for the state's share of Standards of Quality basic aid payments.
STATUS
Introduced
BIOGRAPHY
INCUMBENT
Representative from Virginia district HD-039
COMMITTEES
Virginia House
BIRTH
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ABOUT
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OFFICES HELD
Virginia House from Virginia
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