Subcommittee tables bills to extend assault/threat protections to social‑services workers after scope concerns

Chair Watts opened the subcommittee and introduced two related measures aimed at expanding criminal penalties and protections for employees of state and local departments of social services (HB1286 carried by Delegate Walker; HB1159 carried by Delegate Cherry). Delegate Walker described a Lynchburg case in which a social‑services worker was shot during a home visit and argued that DSS employees face unpredictable, sometimes violent encounters during legally required home visits and should be placed in the same protected statutory category as health care workers, teachers and transit staff.

Delegate Cherry said HB1159 is a ‘‘common sense’’ agency bill and noted DLS counsel had identified a constitutional concern that could be addressed by removing call‑center contractors from the protected class. Counsel advised a line‑item amendment would strike references to call‑center contractors so the protection would apply only to employees rather than contractors. Members questioned whether the proposed protection is redundant with existing statutes cited by counsel (including Va. Code §18.2‑427 for threatening communications and other assault/harassment provisions) and whether the bill should be narrowly tailored to in‑person, site‑specific incidents such as home visits or office encounters.

Two Department of Social Services witnesses, Arthur Muskemon and Leslie Montgomery, described threats and harassment they and colleagues face while performing child‑support enforcement and office duties, including instances requiring sheriff escorts. Patrons and DSS representatives told the panel that staff safety incidents occur across offices and in the field and that existing protections are not perceived as adequate in practice.

After questioning about affirmative defenses, the breadth of ‘‘any employee’’ language, whether the statute should enumerate site or duty limits, and concerns about criminalizing interactions with people experiencing mental illness or other vulnerabilities, a substitute motion to lay the bills on the table was made and seconded. The subcommittee voted to table both measures; the chair announced the bills were tabled and the tabling motion carried.