Virginia 2023 Regular Session Status: Enacted

HB 1636 — Child day program or family day system; operating or engaging in the conduct thereof.

Last action — Acts of Assembly Chapter text (CHAP0128)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 21, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 7 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

42 added · 41 removed

Plain-language change summary

The new version of Bill HB 1636 adds clarity around the penalties for those responsible for a child's care who operate unlicensed child day programs or family day systems. Specifically, it highlights that these actions are considered a "willful act" which can result in serious legal consequences, categorizing such behavior as a Class 4 felony. This change aims to strengthen protections for children by holding caregivers accountable for failing to meet licensing requirements, thereby reinforcing safety standards in child care settings.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 18.2-371.1 of the Code of Virginia, relating to operating or engaging in the conduct of a child day program or family day system without a license;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 128 An Act to amend and reenact § 18.2-371.1 of the Code of Virginia, relating to operating or engaging in the conduct of a child day program or family day system without a license;
R O [H 1636] L Approved Be it enacted by the General Assembly of Virginia:
[H 1636] Approved March 21, 2023 Be it enacted by the General Assembly of Virginia:
L 1.
1.
E § 18.2-371.1.
§ 18.2-371.1.
For purposes of severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances,ii) a and (vii) life-threatening internal injuries.
For purposes of this subsection, "serious injury" includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a and (vii) life-threatening internal injuries.
For purposes of this subsection, "willful act or willful omission" includes operating or engaging in the conduct of a child welfare agency as defined in § 63.2-100 or a child day program or family day system as defined in § 22.1-289.02 without firsH obtaining a license such person knows is required by Subtitle IV (§ 63.2-1700 et seq.) of Title163.2 or Article 3 (§ 22.1-289.010 et seq.) of Chapter 14.1 of Title 22.1 or after such license has been3revoked or hasB.
For purposes of this subsection, "willful act or willful, omission" includes operating or engaging in the conduct of a child welfare agency as defined in § 63.2-100 or a child day program or family day system as defined in § 22.1-289.02 without first obtaining a license such person knows is required by Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 or Article 3 (§ 22.1-289.010 et seq.) of Chapter 14.1 of Title 22.1 or after such license has been revoked or has expired and not been renewed.
B.
If a prosecution under this subsection is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this subsection that such parent safely delivered the child within the first 30 days of the medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency.
If a prosecution under this subsection is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this subsection that such parent safely delivered the child within the first 30 days of the child's life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency.
Any parent, guardian, or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and in violation of this section.rch or religious denomination shall not, for that reason alone, be considered 2.
Any parent, guardian, or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section.
2.
therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of appropriation cannot be determined for periods of commitment to the custody of the Departmentry of Juvenile Justice.
therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
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Action History

  1. Acts of Assembly Chapter text (CHAP0128)

  2. Approved by Governor-Chapter 128 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill communicated to Governor on March 2, 2023

  5. Impact statement from DPB (HB1636ER)

  6. Signed by President

  7. Signed by Speaker

  8. Bill text as passed House and Senate (HB1636ER)

  9. Enrolled

  10. Passed Senate (40-Y 0-N)

  11. Read third time

  12. Constitutional reading dispensed (40-Y 0-N)

  13. Reported from Finance and Appropriations (16-Y 0-N)

  14. Rereferred to Finance and Appropriations

  15. Reported from Judiciary (15-Y 0-N)

  16. Impact statement from DPB (HB1636E)

  17. Referred to Committee on the Judiciary

  18. Constitutional reading dispensed

  19. VOTE: Block Vote Passage (99-Y 0-N)

  20. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  21. Printed as engrossed 23101181D-E

  22. Engrossed by House as amended HB1636E

  23. Committee amendment agreed to

  24. Read second time

  25. Read first time

  26. Reported from Courts of Justice with amendment(s) (20-Y 0-N)

  27. Subcommittee recommends reporting with amendments (8-Y 0-N)

  28. House subcommittee amendments and substitutes offered

  29. Assigned Courts sub: Subcommittee #1

  30. Impact statement from DPB (HB1636)

  31. Impact statement from VCSC (HB1636)

  32. Referred to Committee for Courts of Justice

  33. Prefiled and ordered printed; offered 01/11/23 23101181D

Sponsors

  • Bulova · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Bulova

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1636?
HB 1636 is sponsored by Bulova.
What is the current status of HB 1636?
This bill has been enacted into law. Introduced January 07, 2023. Enacted.
Where can I track HB 1636?
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