RICHMOND, Va. — Here are some of Virginia’s new laws from the most recent General Assembly session that are going into effect on July 1, 2023.

CRIME:

• Hospitality Staff Training to Spot Human Trafficking — HB258 directs the Department of Criminal Justice Services, under the direction of the Criminal Justice Services Board, to develop an online course to train hotel proprietors and their employees, as defined in the bill, to recognize and report instances of suspected human trafficking. The bill provides that such online course shall be provided at no cost to the hotel proprietors and their employees.
• Peeping or Spying Into Dwelling — HB1583 prohibits any person from knowingly and intentionally causing an unmanned aircraft system to secretly or furtively peep, spy, or attempt to peep or spy into or through a window, door, or other aperture of any building, structure, or other enclosure occupied or intended for occupancy as a dwelling, whether or not such building, structure, or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, without just cause, under circumstances that would violate the occupant’s reasonable expectation of privacy.
• False Communication to Emergency Personnel — HB1572 provides that it is a Class 1 misdemeanor for any person to knowingly report, or cause another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response.
• Suffocation by blocking airway is a Class 6 felony — HB1673 provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.
• Concealed weapons — HB2298 removes switchblade knives from and adds stiletto knives to the list of concealed weapons the carrying of which is prohibited in public.
• Fentanyl as a Weapon of Terrorism — SB1188 includes any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, as a weapon of terrorism for the purpose of defining terrorism offenses.
• Firearm Safety Device Tax Credit — HB2387 establishes a nonrefundable income tax credit for taxable years 2023 through 2027 for individuals who purchase one or more firearm safety devices, as defined in the bill, in an eligible transaction, as defined in the bill.
• Jury Duty Allowance — HB2317 increases the jury duty allowance from $30 to $50 per day.
• The Silenced No More Act — HB1895 provides that no employer may require an employee or prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision regarding nondisparagement, that has the purpose or effect of concealing the details of a sexual harassment claim.

EMPLOYMENT:

• Law-Enforcement Officers and Firefighters: Workers’ Compensation — HB1775 provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers’ Compensation Act on the same basis as post-traumatic stress disorder, except in the case of responding to crime scenes for investigation.
• Use of Employee Social Security Numbers — SB1040 prohibits an employer from using an employee’s social security number or any derivative thereof as such employee’s identification number or including an employee’s social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee.

HEALTH:

• Health Insurance Tobacco Surcharge — HB1375eliminates the authority of a health carrier to vary its premium rates based on tobacco use.
• Organ Donation Leave — SB1086requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor. The bill requires the employer to restore the employee’s position following the leave, to continue to provide coverage for the employee under any health benefit plan during the leave, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking organ donation leave.

HEMP/MARIJUANA:

• Medical Marijuana product requirements — HB2368 requires cannabis product and botanical cannabis labels to be complete, accurate, easily discernable, and uniform among different products and brands and that each label, which shall be included on the product and on the pharmaceutical processor’s website, (i) include (a) the product name, (b) all active and inactive ingredients, (c) the total percentage and milligrams of tetrahydrocannabinol and cannabidiol included in the product and the number of milligrams of tetrahydrocannabinol and cannabidiol in each serving, (d) the amount of product that constitutes a single serving and the amount recommended for use by the practitioner or dispensing pharmacist, (e) information regarding the product’s purpose and detailed usage directions, and (f) child and safety warnings in a conspicuous font and (ii) comply with any requirements imposed by the Board of Pharmacy.
• Marijuana Advertising — SB1233 makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol other than those that may be legally sold in the Commonwealth.

HOUSING

• Renting an uninhabitable apartment or unit — HB1635 states a tenant may terminate the rental agreement and receive a full refund of all deposits and rent paid to the landlord if, at the beginning of the tenancy, a condition exists in the rental dwelling unit that constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, including an infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage disposal facilities.
• Notice of rent increases — HB1702 says a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the case of any rental agreement that contains an option to renew or an automatic renewal provision, must provide written notice to the tenant notifying the tenant of any increase in rent during the subsequent rental agreement term no less than 60 days prior to the end of the current rental agreement term.
• Virginia Residential Landlord/Tenant Act — SB891 and HB1542 increases from 15 to 30 days the additional time period that a landlord has to provide a tenant with an itemization of damages to the premises and the cost of repair when such damages exceed the amount of the tenant’s security deposit. Expires June 30, 2024.

HUMAN INTEREST:

• Dentists can Administer Botox Injections — SB1539 provides that, in addition to the possession and administration of botulinum toxin injections for dental purposes, a dentist may possess and administer botulinum toxin injections for cosmetic purposes, provided that the dentist has completed training and continuing education in the administration of botulinum toxin injections for cosmetic purposes.
• Free Trial Cancellation Notification — HB1517 requires suppliers of automatic renewals or continuous service offers that include a free trial that lasts more than 30 days to, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services
• Pregnancy and Delivery Expenses Shared Between Parents — HB2290 provides that in the event that the initial petition for the establishment of parentage is commenced within six months of the live birth of a child, the judgment or order shall, except for good cause shown or as otherwise agreed to by the parties, apportion between the legal parents, in proportion to the legal parents’ gross incomes, as used for calculating the monthly child support obligation, (i) the mother’s unreimbursed pregnancy and delivery expenses and (ii) those reasonable expenses incurred by either parent for the benefit of the child prior to the birth of the child.

TRANSPORTATION:

• Expanded Move Over Law — Starting July 1, the state’s Move Over Law will require drivers to safely move over or slow down for stopped vehicles that have their hazards lights on, display road flares or other warning signs. Currently, drivers only have to move over for emergency vehicles.
• Assault and Battery Against Public Transportation Workers — HB2330 makes it a Class 1 misdemeanor for a person to commit an assault or an assault and battery against another knowing or having reason to know that such individual is an operator of a vehicle operated by a public transportation service who is engaged in the performance of their duties. Click here for related coverage.
• Stopping for Pedestrians — SB1069 requires the driver of a vehicle on a highway approaching a pedestrian who is crossing such highway to stop when such pedestrian is within the driver’s lane or within an adjacent lane and approaching the driver’s lane. Currently, a driver is required to yield the right-of-way to such pedestrian by stopping and remaining stopped.
• Catalytic Converter Possession — SB1135 makes it a Class 6 felony for any person to sell, offer for sale, or purchase a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle, except when such sale, offer for sale, or purchase is made to or by a scrap metal purchaser that has adhered to the required compliance provisions.
• Blue headlights — SB855 prohibits the use of headlights on motor vehicles, motorcycles, autocycles, bicycles, electric personal assistive mobility devices, personal delivery devices, electric power-assisted bicycles, mopeds, and motorized skateboards or scooters with aftermarket modifications that make such headlights appear as a blue light.

• Totaled Car:  Accessing Personal Items – HB1516 Prohibits towing and recovery operators from refusing to allow, consistent with current law, the owner of a towed vehicle, upon presenting proof of ownership, to access and recover any personal items without retrieving the vehicle and without paying any fee.