HB 2208 — Jewish faith or ethnicity; addressing discrimination against persons.

SESSION HOUSESENATE SUBSTITUTE 23106370D23107018D FLOORHOUSE AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Delegate Simon on February 6, 2023) (Patron Prior to Substitute––Delegate Kilgore) A BILL toNO. amend and reenact §§ 2.2-3900, 2.2-3902, 8.01-49.1, 18.2-57, and 18.2-121 of the Code of Virginia, relating to hate crimes and discrimination;

2208 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 15, 2023) (Patron Prior to Substitute––Delegate Kilgore) A BILL to amend and reenact §§ 2.2-3900, 2.2-3902, 8.01-49.1, 18.2-57, and 18.2-121 of the Code of Be it enacted by the General Assembly of Virginia:on;

Be1. it enacted by the General Assembly of Virginia:

andThat reenacted§§ as2.2-3900, follows:3902,2.2-3902, 8.01-49.1, 18.2-57, and 18.2-121 of the Code of Virginia are amended §and 2.2-3900.reenacted as follows:

§ 2.2-3900.

B.

It is the policy of the Commonwealth to:

Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical condiOions,conditions, age, accommodation,marital includingstatus, educationalsexual institutionsorientation, andgender inidentity, realmilitary estatestatus, transactions;yor disability in places of public 2.accommodation, including educational institutions and in real estate transactions;

Safeguard2. all individuals within the Commonwealth from unlawful discrimination in employment because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, disability, or military sSatus;

3.Safeguard all individuals within the Commonwealth from unlawful discrimination in employment because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical con3.

Preserve the public safety, health, and general welfare;welfare;entity, disability, or military sAatus;

andEandT §5. 2.2-3902.

Protect citizens of the Commonwealth against unfounded charges of unlawful discrimination.

§ 2.2-3902.

other programs to aid persons with disabilities, minors,minorsE and the elderly.

The provisions of this chapter shall be construed liberally for the accomplishment of its poSicies.policies.

Conduct that violates any Virginia or federal statute or regulation governing discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or ethnic Bror national oriNothingorigin in this chapter shall prohibit or alter any program, service, facility, school, or privilege that is afforded,an oriented,unlawful ordiscriminatory restrictedpractice tounder athis personchapter. because of disability or age from continuing to habilitate, rehabilitate, or accommodate that person.

TU InNothing in this chapter shall prohibit or alter any program, service, facility, school, or pBivilege that is afforded, oriented, or restricted to a person because of disability or age from continuing to habilitate, rehIn addition, nothing in this chapter shall be construed to affect any governmental program, Iawlaw or activity differentiating between persons on the basis of age over the age of 18 years (i) where the :36 differentiation is reasonably necessary to normal operation or the activity is based upon reasonable 37 factors other than age or (ii) where the program, law or activity constitutes a legitimate exercise of 38 powers of the Commonwealth for the general health, safety and welfare of the population at largT.

36 differentiation is reasonably necessary to normal operation or the activity is based upon reasoTable 38 powers of the Commonwealth for the general health, safety and welfare of the population at large.se of 39 Complaints filed with the Office of Civil Rights of the Department of Law (the Office) in accordanceacUordance 40 with § 2.2-520 alleging unlawful discriminatory practice under a Virginia statute that is enforced by a Virginia agency shall be referred to that agency.

The Office may investigate complaints alleginEalleging ananby a unlawful discriminatory practice under a federal statute or regulation and attempt to resolve it through conciliation.

Unsolved complaints shall thereafter be referred to the federal agency with jurisdictionjurisEiction over the complaint.

The §Office 15.2-965.lshall have no jurisdiction over any complaint filed under a local ordinance adopted pursuant to § 1§ 8.01-49.1.

No provider or user of an interactive computer service on the Internet shall be treated as the publisher or speaker of any information provided to it by another information content provider.HNo provider or user of an interactive computer service shall be liable for (i) any action voluntar2ly taken by it in good faith to restrict access to, or availability of, material that the provider or user 0onsiders to be race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, whether or not such material is constitutionally protected, or (ii) any action taken to enable, or make available to information content providers or others, the technical means to restrict access to information provided by another information content provider.

B.No provider or user of an interactive computer service shall be liable for (i) any action voluntarily taken by it in good faith to restrict access to, or availability of, material that the provider or user Honsiders to be obscene, lewd, lascivious, excessively violent, harassing, or intended to incite hatred on the 2asis of national origin, whether or not such material is constitutionally protected, or (ii) any action taken to enable, or make available to information content providers or others, the technical means to reStrict access to information provided by another information content provider.

1 B.

HB2208H2HB2208S1 2 of 3 "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.

"Law-enforcement officer" means any full-time or part-time employee of a police department or of 3 sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Controlmembers Authority,of conservationthe policeenforcement officersdivision appointedof pursuantthe toDepartment §of 29.1-200,Motor full-timeVehicles swornappointed pursuant toworn § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services§§ or15.2-1731 localand jail15.2-1733, responsibilities, auxiliary policedeputy officerssheriffs appointed orpursuant providedto for§ pursuant15.2-1603, topolice officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointedcersappointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.

G.school security officer or full-time or part-time employee of any public or private elementary orany secondary school while acting in the course and scope of his official capacity, any of the following:

"Simple(i) assault" or "assault and battery" shall not be construed to include the use of, by any school security officer or full-time or part-time employee of any public or private elementary or incidental, minor or reasonable physical contact or other actions designed to maintain order and control;

(ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbancenecessary thatforce threatensto physicalprevent injurya tostudent personsfrom orinflicting damagephysical toharm property;on himself;

(iii) reasonable aUd necessary force to prevent a student from inflicting physical harm on himself;

or (v) reasonable and necessary forcSforcA to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

substancesT or associated parapheEnalia In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any public or private elementary or secondary school at the time of the§the 18.2-121.event.

§ 18.2-121.

S A.

As used in this section, "disability" means a physical or mental impairment that substantUallysubstantSally limitslimB. one or more of a person's major life activities.

B.It is unlawful for any person to enter the land, dwelling, outhouse, or any other buildinU of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user, or occupant thereof to use such property free from interference.

ItS is unlawful for any person tointentionally enterselects the land,property dwelling,entered outhouse,because or any other building of another for the purposerace, ofreligious damagingconviction, suchcoTor, propertygender, ordisability, anygender ofidentity, thesexual contentsorientation, thereof or inethnic anyor mannSrnational toorigin interference.h the rights of the owner, user, or occupant thereofof tothe useproperty, suchthe propertyperson freeis froTguilty Anyof persona violatingClass 6 felony, and the provisionspenalty ofupon thisconviction sectionshall isinclude guiltya term of aconfinement Classof 1at misdemeanor.least six months.

However,T ifcommitment. a person intentionally selects the property entered because of the race, religious conviction, color, gender, disability, gender identity, sexual orientation, or ethnic or national origin of the owner, useT, or occupant term of confinement of at least six months.Class 6 felony, and the penalty upon conviction shalU include a 2.

ThatPursuant to § 30-19.1:4 of the provisionsCode of thisVirginia, actthe mayestimated resultamount inof athent netor increaseU innecessary appropriation cannot be determined for periods of imprisonment orin commitment.state adult correctional facilities;