Upon conviction, the agents authority terminates. Lawmakers passed the bill in March and Gov. (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. Heres a brief summary of some of the more notable laws passed by the 2021 Virginia legislature. Under the new law, the public possession of over four ounces, but less than one pound of cannabis is a Class 3 misdemeanor punishable by a $500 fine. Requirement for appeals bond; indigent parties; appeal of unlawful detainer. 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. 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. Landlord Smoke Alarm Form. The governor vowed to make changes to the board once he was sworn in, a promise he backed up by firing the entire board and appointing new members. The Virginia minimum wage increased from the federal minimum to $9.50 an hour on May 1, 2021. (HB 23), The procedure by which any attorney or law-enforcement officer may apply for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm has been repealed. Jul 1, 2022. Of Virginias 133 localities,89 have fewer than 40,000 residents. 1 weather alerts 1 closings/delays. But state legislators did not agree on legislation that would have toughened the penalties for those found guilty of hazing when it leads to a death or serious injury. This bill removes the requirement that a person subject to a protective order must surrender his firearms within 24 hours. SB 451: Gets rid of the state grocery tax. 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. In March 2021 Virginia became the 23rd state (and first Southern state) to abolish the death penalty. The new law won't go into effect until July 2022 in order to give the Department of Corrections time to upgrade its computer system. The Virginia Cannabis Control Authority (CCA) is an independent, apolitical subdivision of the Commonwealth dedicated to promoting public health and safety and protecting consumers through balanced and inclusive cannabis regulation, policy, and education. Other measures impacting Virginia ABC, the agencys licensees and those seeking licenses will also go into effect. The following bill passed during the 2019 session effective July 1, 2020, allows the sale of distilled spirits in all Virginia jurisdictions, moving certain areas from "dry to wet" unless determined otherwise by referenda: Mixed Beverage Referendum (HB2634 and SB1110) - This law permits Virginia ABC to sell alcoholic beverages and . This is a change from prior law that offered such license at no cost to a veteran who is totally and permanently disabled and at half-cost to a veteran who is 70 percent disabled. (HB 590), An alleged father of a child must be informed of his option to request a genetic test prior to being named the father on a birth certificate. 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. Effective May 1st 2021 the minimum wage increased to $9.50. Under the current law, administrators have to report felonies but have discretion when referring students to law enforcement for misdemeanor-level offenses in Virginia. (HB 165), School principals must report certain misdemeanor offenses to police and to the parents. 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. These circumstances include when police need help to identify someone when there is a reasonable suspicion the individual has committed a crime. The technology can be used to identify victims of crime, including online sexual abuse, sex trafficking and more. With 2022 upon us, here are some of the new laws that went into effect January 1. Substances added via this process will be removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule. 2021 Changes to Virginia's Laws . The legislation was named after Marcus-David Peters, who wasfatally shot by a Richmond police officer in 2018while experiencing an apparent mental health crisis alongside Interstate-95. 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. Another law taking effect requires the removal of dead peoplefrom voter rolls every weekinstead of once a month. The bill requires the applicant to submit an official copy of the military permanent assignment orders of the spouse as part of the application process. This year the General Assembly considered 3,722 bills. New Asset Management Office to manage seized assets. Parents may elect for their child to not wear a mask while at school and are not required to state a reason for the choice. 2021 - 2022 Virginia Law Enforcement Appellate Update (PowerPoint PPTX format) 2021 - 2022 Virginia Law Enforcement Appellate Update (PDF) - Master List 2021 New Laws Update The bill also allows parole boards to consider early release for terminally ill felons if their offenses were not one of the exceptions to eligibility. (HB 125), State and local elections officials are prohibited from accepting certain gifts and funding by a private individual or nongovernmental entity for the purpose of funding voter education and outreach programs. The Department of Health may not require home care organizations to submit financial documents other than those required for initial licensure. This was previously banned in an effort by the Northam administration to reduce racial disparities. Very few inmates qualify for parole in Virginia. Youngkins legislative priorities. 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. 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. During the 2022 Virginia . June 30, 2022. (HB 597), The Department of Criminal Justice Service shall develop an online course to train hotel proprietors and their employees to recognize and report instances of suspected human trafficking. (HB 35), Sales tax on food purchased for human consumption and essential personal hygiene products are exempt from sales tax. New laws take effect July 1 in Virginia and Maryland. This bill was left in committee. QUICK SUMMARY. Virginia State Capitol. Marijuana is a drug, and is dangerous . Copyright 2022 Scripps Media, Inc. All rights reserved. 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; A law taking effect July 1 will allow hunting on public land in Virginia on Sundays. The new law eliminates restrictions on Sunday hunting on public land but keeps the existing restrictions on using dogs or hunting within 200 yards of a place of worship. If the recipient dies as a result, the person who sold, gave or distributed it is guilty of murder of the second degree. 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. SB 87: Prohibits sale of dogs or cats for experimental purposes. Beginning January 1, 2023, sales tax on food for home consumption and certain essential personal hygiene products will decrease to 1% statewide. Read our story here. Virginia lawmakers overwhelmingly approved legislation that bans police and sheriffs departments from requiring a specific number of tickets and arrests from their officers. Virginias elite governors schools are banned from discriminating against applicants under a bill passed earlier this year. Qualifying pass-through entities, (e.g. 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. 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. (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. But state lawmakers agreed to amend the law this year to give localities with populations under 40,000 an opt-out option, citing cost concerns and a shortage of behavioral health workers in smaller localities. A nurse practitioner who prescribes controlled substances or devices must do so in consult with a licensed physician. Dean Mirshahi 7/1/2022. (HB 455), The amount of alcohol someone can bring into Virginia from another state has increased from one gallon to three gallons. (HB 212), Nurse Practitioners are removed from the list of persons who can perform a first trimester abortion. With that anniversary comes multiple changes to marijuana laws in the commonwealth. Table of Contents (2022 Updates) Print; Please note: this is not the full Code of Virginia. (HB 740/ SB 729), It is a Class 1 misdemeanor for an agent to use a Power of Attorney to financially exploit an incapacitated adult. The report must be submitted by October of each year. 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. Pender & Coward attorneys offer legal insights covering a broad range of issues and concerns in our legal blog, Opinions & Observations. Now, the Virginia General Assembly has amended several laws to give Virginia drivers much greater protection from these types of traffic stops. Most new laws take effect on July 1, 2022. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. Extends the sunset from July 1, 2022 to July 1, 2024 on prior legislation that allowed the delivery of alcoholic beverages from licensed businesses for off-premises consumption. The state's Parole Board has identified 549 prisoners about 2% of Virginia's total prison population who are eligible for parole consideration under the so-called "Fishback" law . By Ned Oliver/Virginia Mercury. Youngkin creates a new penalty for marijuana possession, making it a misdemeanor to carry more than four ounces of cannabis but less than a pound in public. (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. This bill has a delayed effective date of July 1, 2023. 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. Some were continued to the 2019 All content copyright 2016 Pender & Coward. While many of the laws passed by the Virginia General Assembly body took effect July 1, others were delayed until Jan. 1. But efforts to end the ban on switchblades, folding knives that easily open from their handles with a touch, have failed in the past after getting through the General Assembly. Each local school board must adopt these policies by Jan. 1, 2023. A person charged with these offenses may apply for a permit before their court hearing and, if issued, may present it to a judge so that the court may dismiss the charge. Penalties for offenses involving personal possession of up to one ounce of marijuana are now a civil violation and no longer Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. This year, more than 800 bills were enacted into law by the Virginia legislature. (HB 430), Just a year after the abolishment of capital punishment, this bill would bring back the death penalty for the willful, deliberate, and premeditated killing of a law-enforcement officer. The new laws cover everything from THC edibles to hunting on Sundays. That . (HB 90), Current members of the United States Armed Forces are not required to obtain a concealed handgun permit in order to carry a concealed weapon. 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. Code of Virginia. The Department of Behavioral Health and Developmental Services must maintain a list of recovery residences on its website. HB 632: Officers can stop vehicles with loud exhaust systems again. NEW LAWS July 1, 2022. a new Virginia law will require principals to alert police to certain misdemeanors alleged to have . COLUMBIA, S.C. A handful of laws from two legislative sessions - both 2021 and 2022 - are expected to go into effect on Friday, July 1 - and their impacts . That extension has now been moved to July 1, 2023. The legislation, which restores the requirement, receivedbipartisan support in both chambersof the Virginia General Assembly and was signed by Youngkin. 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. Under the legislation, an intimate image is considered any photo, film, video, recording, digital picture or other visual reproduction of an adult who is naked. (HB 193/SB 759), The Board of Optometry must establish criteria for certification to perform permitted laser surgeries and require optometrists to register annually with the Board to report disciplinary action and malpractice matters. Virginias longtime ban on switchblades will end in July but people wont be able to conceal the knives from view. (HB 55/SB 211), Sponsors who violate political campaign advertisement disclosure laws with advertisements or campaign telephone calls are subject to a civil penalty not to exceed $25,000. Starting in July, any adult who knowingly sends an intimate image electronically to another adult without their consent could face a financial penalty. One of the bills signed into law changes a rule for bicycles traveling side by side. (HB 230/SB 154), James Madison University (JMU) and Virginia Polytechnic Institute and State University (VA Tech) are authorized to issue bonds up to $100,869,000 for revenue-producing capital projects. (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. A look at Virginia's new laws taking effect on July 1 By Hannah Eason and Henry Graff Published : Jun. By 2026, Virginia's minimum wage will rise to $15.00 an hour. HARRISONBURG, Va. (WHSV) - July is just around the corner and then some new laws will take effect in Virginia The maximum amount of the subtraction that may be taken in 2022 is $10,000. S-corporations, LLCs, partnerships, etc.) Youngkin signed a bill on March 11 from state Sen. Todd Pillion (R-Washington) that lifts the ban by removing switchblade knives from a list of outlawed weapons in the commonwealth. The bill was left in the House committee. 1, 2022 at 3:52 PM PDT. (HB 606), Penalty for a first violation of carrying a concealed weapon without a permit has been reduced from a Class 1 misdemeanor to a civil penalty of not more than $100. A common theme is that they are generally considered defense-friendly, but not all. Each local school board that controls a Governors school must collaborate to ensure that every public middle school that is eligible to send students to the Governors school offers coursework, curriculum, and instruction comparable in content and rigor in order to provide each student with an opportunity to gain admission to and excel academically at the Governors school. (HB 983), A regulatory and licensing structure for the cultivation, manufacture, retail and wholesale of marijuana market will be established. Youngkin will lift Virginias requirement for patientsto register with the states Board of Pharmacyfor a license. The law imposes new requirements for the transfer of dangerous dogs, requiring a releasing Dont have an individual account? (HB 413). The patient must still get written certification from a health care provided for medical cannabis. (HB 84), The Secretary of Health and Human Resources must undertake a study of oversight and regulation of nursing homes, assisted living facilities, and other congregate living settings under a single state agency to improve efficiency and effectiveness of regulation and oversight to provide better transparency for members of the public. The budget dealapproved by Virginia lawmakers and Gov. 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. And this year, they cover a lot of ground, from Sunday . The measuresigned by Gov. SB 7: A bill from the 2020 session continues the incremental increase of the minimum wage in Virginia. Copyright 2020Virginia Department of Taxation. 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 . (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. A similar effort failed in 2020, but lawmakers passed the measure earlier this year and it was signed by Gov. . NOTE: The concealed carry knife bans in Virginia, including of switchblade (automatic) knives, will still remain in effect . 2022 Virginia New Laws Update. Virginia's minimum wage goes up to $11 an hour. Unlike last year when one party controlled the Senate, House and Governorship, bi-partisan agreement was required for any bill to be passed into law this year. 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 . On June 17, 2022, the VA legislature voted against this law in part during their special session. (HB 1356), A registered voter must provide a reason for being absent or unable to vote at his regular polling place on election day in order to receive an absentee ballot. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. Several new laws become effective across Virginia on July 1. 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. 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. Starting Thursday, intentionally releasing non-biodegradable balloons into the air will be illegal and carry a civil penalty of $25 per balloon. Because the law requires the credits to be applied . (HB 150), This bill modernizes the DNA data bank sample tracking system by replacing certain references in the Code. Possession of more than an ounce but less than a pound was previously punishable as a civil violation with a $25 fine. Updated: Jul 1, 2022 / 03:35 PM EDT. This bill has a delayed effective date of January 1, 2023. (HB 192), Certain chemicals have been added to the Drug Control Act by the Board of Pharmacy through an expedited regulatory process. This bill was left in the House committee. New Laws 2022 - What You Need to Know for July 1. Virginia lawmakers voted earlier . (HB 286), Home care organizations licensure renewal requirement has been increased from annually to every three years. 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. In 2020 . These new laws are now on the books in Virginia for 2022. (HB 277/SB 622), Real Estate licensees (agents/brokers) must disclose ownership interest in any property of discussion. On top of letting them avoid waiting for a license from the board, a process that can take months, the law will also allow patients to not have to pay a $50 application fee. It has been called Dr. Seuss Day because of this. Beginning January 1, 2023, sales tax on food for home consumption and certain essential personal hygiene products will decrease to 1% statewide. Starting in 2022, motor vehicle liability insurance will cover more in cases of bodily injury or death of a person. A Class 1 felony; 2. Glenn Youngkin signed, amended and vetoed the measures once they reached his desk. Five Virginia ABC-Related Laws Go Into Effect on July 1. . (HB 741), The Department of Elections must establish standards for ascertaining and reporting absentee ballots. A bill signed into lawby Gov. ROANOKE, Va. - There are several new laws and ordinances that take effect on January 1, 2022. Government Contracts and Public Procurement, Wills, Trusts, Estate Planning & Administration, Director of Marketing and Client Services, New Laws in Virginia Effective July 1, 2021, New Laws in Virginia Effective July 1, 2020 and Noteworthy Actions by the Virginia Legislature, Highlights of Bills and New Laws in Virginia for 2019, Highlights of Bills and New Laws in Virginia, Holding on to a Family Legacy: Transferring Wealth through Real Property, Dave Arnold and Pendulum Land Podcast Featured in Right of Way Magazine, Inverse Condemnation of Oysters, Oyster Leases and Oyster Beds: A Podcast, New Laws in Virginia Effective July 1, 2022 and Highlights of Other Proposed Bills. This bill also removes the substantial risk order registry. Sign up now, Dont have a business account? BALANCE OF POWER--LIMITATION ON GUBERNATORIAL AUTHORITY, Any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law is limited to 45 days from the date of issuance. Starting Thursday, July 1, seven laws impacting the Virginia Alcoholic Beverage Control Authority (ABC), its licensees and applicants for ABC licenses will take effect. This year's laws impact school safety, the environment, vehicles, parking, taxes and community engagement. This only applies to individuals employed by the Commonwealth or a subdivision of the Commonwealth. . Beginning with 2022 Virginia individual income tax returns, the standard deduction will increase to $8,000 for single filers and $16,000 for married couples filing jointly) provided certain revenue targets are met. This bill was left in the House committee. 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. This is a list of updated sections that took effect on July 1, 2022, unless otherwise noted. This bill passed in the House and was left in the Senate committee. Lawmakers in the General Assembly introduced and approved measures during the 2022 session. The State Realtor Agenda passed with nearly unanimous support with a total final passage of 1,386 "yes" votes to 4 no "votes"!! HB 829: Permits school boards to fulfill the staffing ratio requirements for school counselors under specific circumstances listed in the bill. This bill was left in committee. The CPRA requires the agency to enact new regulations by July 1, 2022. 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. (HB 213/SB 375), Volunteer audiologists who hold an unrestricted license in another state may volunteer to provide free health care to an underserved area of the Commonwealth under the auspices of a publicly supported nonprofit organization for not more than three consecutive days. Beginning July 1, 2022, the following new laws will go into effect in Virginia:. For more information and a complete list of 2022 state and local tax legislation, please see the 2022 Legislative Summary. The $11 rate . Northam said the new law will shift the focus of Virginia's current probation laws, which he said focused "too much on punishment, and too little on grace for people trying to do the right . Rate at which sentence credits may be earned; prerequisites. (HB 78), The Secretary of Public Safety and Homeland Security is directed to convene a work group to study inmate work release programs. If you have special interest in any law, you can read the full text by searching the bill number or consult an attorney for applicability to your circumstances. (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. . If you have a can-do attitude and are looking to benefit from the career growth and mentor relationships with our Pender & Coward team, we would like to talk. Read more here. Every person who operates a recovery residence must disclose to potential residents its credentialing entity. 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. 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 possession penalty, changes for medical marijuana licenses, misdemeanor reporting requirements for school principals and more. Home. The limit for absentee voting by someone with a disability or illness is one year. Wages have risen from $9.50 an hour to $11.00 an hour. (HB 215/SB 62), This bill requires that schools have detailed safety audit plans. Individual votes of Virginia Parole Board members will be available for public record starting in July, legislation pushed by state Republicans after controversy in 2020 plagued the board. Get Virginia tax filing reminders and tax news for individuals and businesses. Protected Leave for Eviction Proceedings: Virginia Code 8.01-126; Effective July 1, 2022. Additional increases will move the minimum wage to $11.00 on January 1, 2022, and to $12.00 on January 1, 2023. 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