HB 18 — Hate crimes and discrimination; ethnic animosity, penalties.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E266 An Act to amend and reenact §§ 2.2-3900, 2.2-3902, 2.2-3904, 2.2-3905, 8.01-49.1, 18.2-57, and N18.2-121 penalties.fof the Code of Virginia, relating to hate crimes and discrimination;

ethnic animosiRy;animosity;

Openalties. [H 18] L Approved L Be it enacted by the General Assembly of Virginia:

E[H 1.18] Approved April 2, 2024 Be it enacted by the General Assembly of Virginia:

That1. §§ 2.2-3900, 2.2-3902, 2.2-3904, 2.2-3905, 8.01-49.1, 18.2-57, and 18.2-121 of the CodeDof Vir§ 2.2-3900.

That §§ 2.2-3900, 2.2-3902, 2.2-3904, 2.2-3905, 8.01-49.1, 18.2-57, and 18.2-121 of the Code of Virginia are amended and reenacted as follows:

§ 2.2-3900.

1.color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation, including educational institutions and in real estate transactions;

Safeguard2. all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation, including educational institutions and in real estate transactions;

HSafeguard 2.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 status;

Safeguard all individuals within the Commonwealth from unlawful discrimination in employm1nt conditions, age, marital status, sexual orientation, gender identity, disability, or military status;dical 3.

R 4.

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 or nationalbirthnational origin is an unlawful discriminatory practice under this chapter.

In addition, nothing in this chapter shall be construed to affect any governmental program, law or activity differentiating between persons on the basis of age over the age of 18 years (i) where the differentiation is reasonably necessary to normal operation or the activity is based upon reasonable powersfactors ofother thethan Commonwealthage foror the(ii) generalwhere health, safety and welfare of the populationprogram, atlaw large.seor ofactivity Complaintsconstitutes fileda withlegitimate theexercise Office of Civilpowers Rights of the DepartmentCommonwealth offor Lawthe (thegeneral Office)health, insafety accordanceand withwelfare §of 2.2-520the allegingpopulation unlawfulat discriminatorylarge. practice under a Virginia statute that is enforced by a Virginia agency shall be referred to that agency.

Complaints filed with the Office of Civil Rights of the Department of Law (the Office) in accordance 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 shall have no jurisdiction over any complaint filed under a local ordinance adopted pursuant to § 1§15.2-965. 2.2-3904.

§ 2.2-3904.

It is an unlawful discriminatory practice for any person, including the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, to refuse, withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, or to segregate or discriminate against any such person in the use in thereof, or to publish, circulate, issue, display, post, or mail, either directly or indirectly, any of 6 communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused, withheld from, or denied to any of 6 individual on the basis of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, sexual orientation, gender identity, marital status, disability, or military status.

Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, of 6 childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;

Classify or refer for employment any individual on the basis of such individual's race, cElor,color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.

N 3.

Rof 6 a.

Exclude or expel from its membership, or otherwise discriminate against, any individual because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;

L b.

Limit, segregate, or classify its membership or applicants for membership, or classify or fail to or refuse to refer for employment any individual, in any way that would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities or otherwiEeotherwise adversely affect an individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;

Cause or attempt to cause an employer to discriminate against an individual in violation of sub4.subdivisions a or b.

4.

H 5.

An employer, in connection with the selection or referral of applicants or candidates forBfor employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise8alterotherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientatRon,orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.

Except as otherwise provided in this chapter, an employer to use race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin as a motivating factor for any employmentage,employment practice, even though other factors also motivate the practice.

An employer, labor organization, employment agency, or joint apprenticeship committee controlling an apprenticeship or other training program to print or publish, or cause to be printed or published, any notice or advertisement relating to (i) employment by such an employer, (ii) membership in or any classification or referral for employment by such a labor organization, (iii) any classification or referral for employment by such an employment agency, or (iv) admission to, or employment in, any program established to provide apprenticeship or other training by such a joint apprenticeship committee that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, or ethnic or national origin when religion, sex, age, or ethnic or national origin is a bona fide occC.occupational qualification for employment.

C.

For an elementary or secondary school or institution of higher education to hire and employ employees of a particular religion if such elementary or secondary school or institution of higher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such elementary or secondary school or institution of higher education is directed toward the propagation of a of 6 particular religion;

For an employer to give and to act upon the results of any professionally developed ability test, of 6 provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;

Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the penalty upon conviction shall include a term of of 6 confinement of at least six months.

However, if a person intentionally selects the person against whom an assault and batteryEresultingbattery resulting in bodily injury is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months.

R C.

In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection G, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or of 6 supervision of persons in the custody of or under the supervision of the Department of JuvenileEJustice,Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a D firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum terHterm of confinement of six months.

B Nothing in this subsection shall be construed to affect the right of any person charged with8awith a violation of this section from asserting and presenting evidence in support of any defenses to Rhethe charge that may be available under common law.

In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in1in jail, two days of which shall be a mandatory minimum term of confinement.