2021 - 2022 Virginia Law Enforcement Appellate Update (PowerPoint PPTX format) 2021 - 2022 Virginia Law Enforcement Appellate Update (PDF) - Master List 2021 New Laws Update A bill signed into lawby Gov. The new law going into effect July 1 also ensures that arrest numbers or summonses issued by an officer will not be used as the sole criteria for reviewing job performance. Sign up now, Dont have a business account? With Democrats having a slight majority in the Virginia Senate and Republicans taking back control of the House of Delegates in 2021, lawmakers from both parties wielded their power in those chambers to reject several bills put forward by the other party. Visit cannabis.virginia.gov for details on the requirements for legal possession of marijuana. 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. Under current law, inmates can earn a maximum of 4.5 days off for every 30 days served a credit that will still be available to inmates excluded from the new program. Download the free 8News and StormTracker 8 mobile apps! RICHMOND, Va. July 1 is a major marker for new legislation that has been passed in . The legislation, which restores the requirement, receivedbipartisan support in both chambersof the Virginia General Assembly and was signed by Youngkin. A new law going into effect in July creates a four-level earned credit system that allows people who are incarcerated to reduce their sentences up to 15 days for every 30 days served. 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. Starting in July, any adult who knowingly sends an intimate image electronically to another adult without their consent could face a financial penalty. Each local school board must adopt these policies by Jan. 1, 2023. (HB 145), The requirement that a prescriber registered with the Prescription Monitoring Program request information about a patient from the Program upon initiating a new course of treatment including opioids for more than seven consecutive days has been extended for five years. Beginning with your 2022 Virginia income tax return, you may be able to claim a subtraction for certain military benefits. SB 325: This law increases the amount of alcoholic beverages that a person may transport into the commonwealth from one gallon to three gallons. Five Virginia ABC-Related Laws Go Into Effect on July 1. . SB 451: Gets rid of the state grocery tax. 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. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. It also includes a delayed enactment date of January 2022 to give the Department of Corrections time to reprogram its computer system. Before the law was approved, inmates could earn up to 4.5 days per month. It was one of many proposals backed by Youngkin to roll back a law giving principals and superintendents discretion on reporting some misdemeanors that occur on school grounds. (HB 205), Sales of to-go cocktails and alcohol for consumption off premises has been extended until 2024. (HB 686), A person selling, giving or distributing a substance that contains two milligrams or more of any mixture containing a detectable amount of fentanyl without the other persons knowledge that the substance contains fentanyl is guilty of attempted murder of the second degree. 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. (HB 95), Hunting on Sunday on both public and private land is permitted as long as it takes place at least 200 yards from a place of worship. Heres a brief summary of some of the more notable laws passed by the 2021 Virginia legislature. 2022 Changes to Virginia's Laws In Due Course is a selection of legislation passed by the 2022 Regular Session of the General Assembly that is likely to affect the daily lives of the citizens of Virginia. 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. Youngkin. The bill expires on July 1, 2025. This material may not be published, broadcast, rewritten, or redistributed. This bill was left in the House committee. It was only repealed for sentences for "nonviolent offenses" (as defined in 53.1-202.3) that are being served along with . NEW LAWS July 1, 2022. Every person who operates a recovery residence must disclose to potential residents its credentialing entity. Starting Thursday, intentionally releasing non-biodegradable balloons into the air will be illegal and carry a civil penalty of $25 per balloon. Important Laws, Rules, & Decisions Information, Credit for Taxes Paid to Another State - Supporting Forms, Land Preservation Credit Affidavit Requirements, Transferring a Land Preservation Tax Credit, Land Preservation Credit Appraisers Information, Registration of Nonresident Property Owners. Youngkin. (HB 258), The Department of Criminal Justice Services must establish training standards for law-enforcement personnel regarding the recognition, prevention, and reporting of human trafficking. The summaries below were drafted by the Virginia Division of Legislative Services. New Laws 2022 - What You Need to Know for July 1. Published: 2:02 PM EDT June 30, 2022. That . . New laws take effect July 1 in Virginia and Maryland. Below is a summary of laws that may be relevant to residents in Arlington County: Marcus Alert System (HB 1191/SB 391): Extends the date for . Jul 1, 2022. Virginia lawmakers overwhelmingly approved legislation that bans police and sheriffs departments from requiring a specific number of tickets and arrests from their officers. Author: Jenna Pierson. (HB 933/SB 671), The Virginia Consumer Protection Act is expanded to require that suppliers of automatic renewals or continuous service offers using online websites must make available a conspicuous online option to cancel. The change will allow medical cannabis patients to buy marijuana products from dispensaries after receiving a certificate from a registered practitioner. Code of Virginia. The Department of Behavioral Health and Developmental Services must maintain a list of recovery residences on its website. The bill remains in committee. Virginia lawmakers voted earlier . A Class 1 felony; 2. If the recipient dies as a result, the person who sold, gave or distributed it is guilty of murder of the second degree. Virginians, hold on tight to your balloons. New Law in Washington, D.C. All rights reserved. Qualifying pass-through entities, (e.g. Virginia employers will now be required to pay their workers a minimum of $11 per hour. Qualified military benefits received pursuant to a section of the Internal Revenue Code regarding certain military benefits, Benefits paid to the surviving spouse of a veteran of the Armed Forces of the United States under the Survivor Benefit Plan program established by the U.S. Department of Defense, and. In addition, the bills extend from July 1, 2022, to July 1, 2024, the sunset of prior legislation that allowed certain . Sample Termination Notice for Other Than Nonpayment of Rent (Updated July 1, 2022) | Spanish/ Espaol Version. Per the budget amendment approved by the Virginia General Assembly on June 17, 2022, any sentence or portion of a sentence imposed with an offense outlined in Code of Virginia 53.1-202.3, subsection A:1-17, will limit all earned sentence credit sentences, being served or to be served, to a maximum of 4.5 days per 30 days served. (SB 3), The State Registrar of Vital Records must transmit to the Department of Elections a weekly list of decedents which will be used to maintain the list of qualified voters. The General Assembly lifted Virginias ban on police use of facial recognition, allowing law enforcement agencies to utilize the technology in certain cases. 2023 Virginia General Assembly Legislation. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property. Virginia Law Library. HB 632: Officers can stop vehicles with loud exhaust systems again. Best Practices for Residential Executory Real Estate Contracts. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on. HB 170: Directs the Secretary of Public Safety and Homeland Security to convene a work group to study inmate work release programs. Many new laws are set to go into effect Friday, July 1, 2022 across DC, Maryland and Virginia affecting minimum wage, taxes, schools, alcohol, marijuana, sexually explicit material, hunting, taxes . Most new laws take effect on July 1st. This significantly shortens the previous time limit which was until June 30 following the next regular session of the General Assembly. NEW VIRGINIA LAWS EFFECTIVE JULY 1, 2022. (HB 88), Physicians and authorized nurse practitioners must follow certain procedures to affect a pregnant womans informed written consent before performing an abortion. The Department of Health may not require home care organizations to submit financial documents other than those required for initial licensure. The bill was left in the House committee. Some of the highlights include: Reduced sales tax on groceries. (SB 325), Physician Assistants appointed as medical examiners no longer need to be part of a patient care team. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. SB 7: A bill from the 2020 session continues the incremental increase of the minimum wage in Virginia. (HB 141/SB 158), Extension of land use approvals that were valid and outstanding as of July 1, 2020 were previously extended to July 1, 2022 to address the COVID-19 crisis. Give Light and the People Will Find Their Own Way. Copyright 2020Virginia Department of Taxation. Now, the Virginia General Assembly has amended several laws to give Virginia drivers much greater protection from these types of traffic stops. 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. 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.Read our story here. Effective May 1st 2021 the minimum wage increased to $9.50. Minimum wage increases . Here are some of Virginias new laws taking effect in Friday, July 1, 2022: Virginians will be allowed to get cocktails to-go and alcoholic drinks delivered to them until 2024 after the General Assembly passed a bill that one lawmaker called a lifeline to small businesses. Sen. Pillions bill passed with only three lawmakers in the 140-member General Assembly voting against the measure. 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. This bill eliminates the requirement for a valid Do Not Resuscitate Order for the deceased patient. Virginia and Colorado take second place, each enacting at least eight new laws that take effect July-August 2022. Copyright 2022 Scripps Media, Inc. All rights reserved. Most new laws take effect on July 1, 2022. Beginning January 1, 2023, sales tax on food for home consumption and certain essential personal hygiene products will decrease to 1% statewide. Effective date(s): July 1, 2022; July 1, 2023; and July 1, 2024 These identical bills amend various sections of Virginia Code and adds section 24.2-671.2, which sets new standards for the conduct of risk-limiting audits. (HB 1051), Anyone possessing a firearm in a residence with a minor must store the firearm unloaded in a locked container and store ammunition in a separate locked container. 00:00 00:00. David Bulova (D-Fairfax), creates a third-party license that allows the holder to deliver alcoholic beverages bought from businesses with licenses from the Virginia Alcoholic Beverage Control Authority. Members of the PTE will be eligible for a credit equal to the amount of Virginia tax paid by the PTE. Local school boards must adopt policies by January 1, 2023 providing for parental notification if books or other assigned materials contain sexually explicit content and provide an alternative option. (SB 656), The Board of Educations licensure regulations must provide for licensure by reciprocity for any spouse of an active duty or reserve member of the Armed Forces who has obtained a valid out-of-state license. (HB 661/ SB 379), If a person is convicted of involuntary manslaughter of an adult with children as a result of driving a motor vehicle or boat while intoxicated, the guardian of the child/children may petition the court to require the defendant to pay child support as part of the sentencing. Spurred on by horrid conditions reported at Envigos Cumberland County beagle breeding facility, the bills include a ban on importing dogs or cats for sale if the individual has received certain citations on or after July 1, 2023, pursuant to the federal Animal Welfare Act.. Lawmakers in the General Assembly introduced and approved measures during the 2022 session. Landlord Smoke Alarm Form. A second violation is reduced from a Class 6 felony to a civil penalty of not more than $500 and a third or subsequent violation from a Class 5 felony to a civil penalty of not more than $1,000. Such an act will 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, according to the bill. The key or combination to the containers must be inaccessible to minors. This bill also removes the substantial risk order registry. . Read our story here. (HB 283/SB 467), Local public bodies subject to FOIA must post meeting minutes on their official public government website if any, within seven working days of final approval of the minutes. The Department is directed by the bill to establish standards for ascertaining and reporting such information. This bill was left in the House committee. Effective July 1, 2021, many equipment violation statutes have been amended to include this phrase: "No law-enforcement officer shall stop a motor vehicle for a violation of this section. Lawmakers passed the bill in March and Gov. Get Virginia tax filing reminders and tax news for individuals and businesses. 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. 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.Read our story here. Governor: Vetoed by Governor. Republican Governor Glenn Youngkin signed the 2022 budget bill which contains language recriminalizing activities involving the personal possession of over four ounces of marijuana in public. This bill was left in committee. (HB 165), School principals must report certain misdemeanor offenses to police and to the parents. (HB 281/SB 311), The Real Estate Board must promulgate regulations to require and provide two hours of continuing education on fair housing or appraisal bias. 2022 Virginia New Laws Update. This year, more than 800 bills were enacted into law by the Virginia legislature. This new law modifies the formula for compensating wrongfully incarcerated persons to equal $55,000 per year of incarceration, adjusted for inflation, and changes the amount of compensation that may be paid out as a lump sum to equal 25 . Notice of acceptance must be made within 15 business days of receipt of the complete application packet. HB 525 (Adams 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. Washington state leads the pack as the most active jurisdiction in enacting over a dozen new state-wide and local laws and regulations that take effect in early summer. Several new laws are in effect in Virginia and in Fairfax County beginning July 1. (HB 497/SB 124), A magistrate must transmit within 24 hours a copy of the checklist for bail determination to the Commonwealth Attorney for a person arrested on a warrant or capias for an act of violence. Starting in July 2021, people 21 and over in Virginia were allowed to possess up to an ounce for personal use but could face a $25 civil penalty if caught with more. RICHMOND, Va. (WDBJ) - July 1st is the day most new laws take effect in Virginia. A bill sponsored by McQuinn and state Sen. Jennifer McClellan (D-Richmond) to make historic African American cemeteries that opened between 1900 and 1948eligible for state funding for preservation and restoration was also signed into law and will take effect in July. If the General Assembly does not take action on the rule, regulation, or order within the 45 days, the Governor is prohibited from issuing or extending the same or a similar regulation related to the same emergency. Virginia's minimum wage goes up to $11 an hour. Military retirement income received for service in the Armed Forces of the United States. This only applies to individuals employed by the Commonwealth or a subdivision of the Commonwealth. Possession of more than an ounce but less than a pound was previously punishable as a civil violation with a $25 fine. The maximum amount of the subtraction that may be taken in 2022 is $10,000. (HB 93), Financial institutions must cooperate with social services in any investigation of alleged adult abuse, neglect, or exploitation conducted by a local department of social services. For tenants behind on rent, having 14 days to pay what they owe - versus the previous five days allotted - can make all the difference between . While many of the laws passed by the Virginia General Assembly body took effect July 1, others were delayed until Jan. 1. The patient must still get written certification from a health care provided for medical cannabis. Having a loud car exhaust system is . Additional legal resources include articles interpreting and explaining the laws of Virginia, and company news about our lawyers' achievements and outstanding work and contributions to our community. HARRISONBURG, Va. (WHSV) - July is just around the corner and then some new laws will take effect in Virginia Stay with 8News. On June 17, 2022, the VA legislature voted against this law in part during their special session. 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. In Virginia, landlords can evict tenants for a lease violation. 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. RICHMOND, Va. (WDBJ) - New laws take effect July 1 in Virginia, and one of them will make it easier for people to purchase medical marijuana. End of the Death Penalty Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. (HB 10), The prohibition on any person who is not a licensed firearms dealer to purchase more than one handgun in a 30-day period has been removed. This bill was passed in the House, rejected in the Senate, and was continued to special session. (HB 49), This bill provides the right to propagate shellfish by any legal means. Because the law requires the credits to be applied . Increased standard deduction This summary offers a highlight of some of the new laws and a brief list of bills that were proposed but havent been passed into law. (HB 285), An autonomous nurse practitioner may declare death and determine cause of death. Wages have risen from $9.50 an hour to $11.00 an hour. . This law does not override the governors authority regarding emergency services and disaster law in response to a communicable disease of public health. Under the current law, administrators have to report felonies but have discretion when referring students to law enforcement for misdemeanor-level offenses in Virginia. Owners of residential dwellings with actual knowledge of a lis pendens (notice of a lawsuit regarding real property) filed against the dwelling must provide a written disclosure to prospective purchasers. (HB 234), A nurse practitioner who does not prescribe controlled substances or devices may practice in his/her category in which he/her is certified and licensed without a written practice agreement. (HB 1272/SB 739), The Virginia Board of Education must develop policies by July 31, 2022 that will ensure parental notification of any instructional material that includes sexually explicit content. Dont have an individual account? January 1, 2022, 3:47 PM. Procurement | Expenses | Web Policy | WAI Compliant | Public Notices | Archived Public Notices, North American Industry Classification System (NAICS) Codes, Recordkeeping for Individual Income Tax Purposes, First Time Home Buyer Savings Account Subtraction, Power of Attorney and Tax Information Authorization, Remote Sellers, Marketplace Facilitators & Economic Nexus, Tax Professionals - Reporting Data Breaches, Virginia Tax Personal Identification Number (PIN). The Virginia General Assemblyvoted in 2014to allow hunting on Sundays, but only on private property and with the landowners written permission. 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. 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. Upon conviction, the agents authority terminates. (HB 170), The authority for the Department of Juvenile Justice to establish Juvenile Boot Camps and the ability of a court to order a juvenile adjudicated delinquent to attend such a boot camp is eliminated. (HB 756/SB 614), A new law creates a four-level earned credit system that allows incarcerated felons to reduce their sentences up to 15 days for every 30 days served. This amendment adds a new provision that prohibits employers from firing or taking "adverse personnel action" against employees who miss work to attend unlawful detainer (i.e., eviction) proceedings. These new laws are now on the books in Virginia for 2022. This bill was left in committee. A person relieved of paternity who previously paid support pursuant to a child support order in conjunction with the set-aside paternity determination may file an action against the other party for repayment of support paid. A law taking effect July 1 will allow hunting on public land in Virginia on Sundays. HB 750: Prohibits police departments and sheriff's offices from utilizing ticket quotas. (HB 4/SB 36), The School Health Services Committee was established to review and provide advice to the General Assembly and other policy makers regarding proposals that require local school boards to offer certain health services at school. Virginia's municipal elections . (HB 455), The amount of alcohol someone can bring into Virginia from another state has increased from one gallon to three gallons. RICHMOND, Va. (WRIC) Several new laws will take effect in Virginia once the calendar hits July 1, including a ban on police ticket quotas, a new marijuana . control license and fee reform from July 1, 2021, to January 1, 2022. From the thousands of bills which were introduced during the 2022 session, these summaries include only bills which have been signed into law by the Governor and have been found by this author to be relevant to the VLTA membership. Beginning July 1, 2022, the following new laws will go into effect in Virginia:. They have been grouped for easy reference. Previously Virginia's minimum wage was the federal amount of $7.25. This was previously banned in an effort by the Northam administration to reduce racial disparities. This bill is still in the House committee. Given that the General Assembly was divided this year, with the Republicans in charge of the House and the Democrats in charge of the Senate, it was unsurprising to see fewer employment law bills make it out of session compared with the prior sessions of 2021 and 2020. The new laws cover everything from THC edibles to hunting on Sundays. A new law will change how absentee ballots are counted in Virginia, requiring local election officials to report them by precinct instead of putting them into one centralized precinct. Solicitation to commit murder under 18.2-29 or any violation of 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33; Knife Rights' Virginia Switchblade Ban Repeal Bill, SB 758, is effective July 1st, 2022. (SB 8), Special hunting and fishing licenses for veterans who have a service-connected disability of at least 30 percent may receive at no cost or a reduced cost depending on the veterans disability rating, a lifetime license to hunt and freshwater fish. 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