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2020 SESSION

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Senate Committee on Judiciary
Subcommittee Criminal Law

Deeds (Chair), Saslaw, McDougle, Stuart, Stanley, Surovell, Morrissey

Date of Meeting: January 23, 2020
Time and Place: 2:30 PM Senate Subcommittee Room 3 5th Floor Pocahontas Bldg

S.B. 2 Marijuana; decriminalization of simple possession, civil penalty.

Patron: Ebbin

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence and substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill defines marijuana to include hashish oil. The bill raises the threshold amount of marijuana subject to the offense of distribution or possession with intent to distribute from one-half ounce to one ounce. The bill also allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession when all court costs and fines and orders of restitution have been paid. The bill contains technical amendments.

A BILL to amend and reenact §§ 16.1-228, 16.1-260, 16.1-273, 18.2-247, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-251.02, 18.2-252, 18.2-254, 18.2-259.1, 19.2-392.2, 19.2-392.4, 46.2-390.1, 54.1-3401, as it is currently effective and as it shall become effective, and 54.1-3446 of the Code of Virginia, relating to marijuana; decriminalization of simple marijuana possession; penalty.

20100705D

S.B. 42 Aggravated sexual battery by false representation or subterfuge; penalty.

Patron: DeSteph


Aggravated sexual battery by false representation or subterfuge; penalty. Provides that any person who sexually abuses another person through false representation or subterfuge that is part of a massage by a massage therapist, a medical procedure, or physical therapy is guilty of aggravated sexual battery if such abuse is intentional and without the consent of the complaining witness. The bill also eliminates the provision that sexual battery can be accomplished by ruse.

A BILL to amend and reenact §§ 18.2-67.3 and 18.2-67.4 of the Code of Virginia, relating to aggravated sexual battery by false representation or subterfuge; penalty.

20100063D

S.B. 118 Underage alcoholic possession, etc.; expungement of certain offenses.

Patron: Peake

Expungement of certain offenses. Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday, all court costs and fines and orders of restitution have been satisfied, and the person seeking the expungement is at least 21 years of age and has no other alcohol-related convictions. The bill provides that any person seeking expungement of an alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.

A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of certain alcohol offenses.

20104018D

S.B. 154 Restricted licenses; allowable purposes.

Patron: Stuart

Allowable purposes for restricted licenses. Adds travel to and from the offices of the Virginia Employment Commission for the purpose of seeking employment to the list of purposes for which a court may issue a restricted driver's license.

A BILL to amend and reenact § 18.2-271.1 of the Code of Virginia, relating to allowable purposes for restricted licenses.

20101429D

S.B. 223 Juvenile records; expungement.

Patron: Favola

Juvenile records; expungement. Provides for the expungement of juvenile records for offenses that would be felony larceny if committed by an adult. Under current law, juvenile records of all delinquent acts that would be a felony if committed by an adult are retained.

A BILL to amend and reenact §§ 16.1-305 and 16.1-306 of the Code of Virginia, relating to expungement of juvenile records; felony larceny offenses.

20103104D

S.B. 287 Criminal history information; destruction of information for certain charges and convictions.

Patron: Deeds

Destruction of criminal history information for certain charges and convictions. Provides that a court shall enter an order of destruction for police and court records, in the absence of good cause shown to the contrary by the Commonwealth, for a deferred disposition dismissal of (i) underage alcohol possession when one year has passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied or (ii) possession of marijuana when three years have passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied. The bill also provides that any person who has received such deferred disposition dismissals may file a petition with the court that disposed of such charge for an order of destruction at any time provided that all court costs and fines and all orders of restitution have been satisfied. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 4.1-305, 16.1-69.55, and 18.2-251 of the Code of Virginia, relating to destruction of criminal history information for certain charges and convictions.

20104300D

S.B. 306 Criminal history information; destruction of information for certain charges and convictions.

Patron: Stanley

Destruction of criminal history information for certain charges and convictions. Provides that a court shall enter an order of destruction for police and court records, in the absence of good cause shown to the contrary by the Commonwealth, for a deferred disposition dismissal of (i) underage alcohol possession when one year has passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied or (ii) possession of marijuana when three years have passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied. The bill also provides that any person who has received such deferred disposition dismissals may file a petition with the court that disposed of such charge for an order of destruction at any time provided that all court costs and fines and all orders of restitution have been satisfied. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 4.1-305, 16.1-69.55, and 18.2-251 of the Code of Virginia, relating to destruction of criminal history information for certain charges and convictions.

20100961D

S.B. 439 Driving under the influence; first offenders, license conditions.

Patron: Surovell

Driving under the influence; first offenders; license conditions. Provides that in the case of an adult offender's first conviction of driving under the influence when the offender's blood alcohol content was less than 0.15, the sole restriction of the offender's restricted driver's license shall be the prohibition of the offender from operating any motor vehicle not equipped with a functioning, certified ignition interlock system for one year without any violation of the ignition interlock system requirements.

A BILL to amend and reenact §§ 18.2-270.1 and 18.2-271.1 of the Code of Virginia, relating to driving under the influence; first offenders; license conditions.

20100957D

S.B. 517 Charges and convictions, certain; expungement.

Patron: McDougle

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday, all court costs, fines, and restitution have been paid, and five years have elapsed since the date of completion of all terms of sentencing and probation. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.

A BILL to amend and reenact §§ 19.2-392.2 and 19.2-392.4 of the Code of Virginia, relating to expungement of certain charges and convictions.

20101476D

S.B. 520 Driving under the influence of alcohol; secure transdermal alcohol monitoring, penalty.

Patron: McDougle

Driving under the influence; secure transdermal alcohol monitoring; penalty. Provides that the court may, upon request of an offender convicted for DUI who has not been previously prohibited from operating a vehicle that is not equipped with a functioning ignition interlock system, order that the offender (i) wear a secure transdermal alcohol-monitoring device that continuously monitors the person's blood alcohol level and (ii) refrain from alcohol consumption. The bill provides that if an offender is ordered to wear such a device, the only conditions that will be imposed upon the offender's restricted driver's license, if one is issued, shall be the wearing of such a device and the existing requirement to have an ignition interlock system. The bill also provides that it is a Class 1 misdemeanor to tamper with or in any way attempt to circumvent the operation of a secure transdermal alcohol-monitoring device.

A BILL to amend and reenact §§ 18.2-270.1, 18.2-270.2, 18.2-271.1 and 18.2-272 of the Code of Virginia, relating to driving under the influence; secure transdermal alcohol monitoring; penalty.

20101731D

S.B. 608 Police and court records; expungement.

Patron: Norment

Expungement of police and court records; pardons. Allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.

A BILL to amend and reenact §§ 19.2-392.1, 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of police and court records; pardons.

20103840D

S.B. 808 Police and court records; expungement of records, misdemeanor and felony convictions.

Patron: Morrissey

Expungement of police and court records; misdemeanor and felony convictions. Allows a person convicted of a criminal offense to file a petition requesting expungement of the police and court records relating to the conviction if such person (i) has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for (a) at least eight years for a misdemeanor offense or (b) at least 12 years for a felony offense, (ii) has no subsequent convictions other than traffic infractions, and (iii) has no pending criminal proceeding.

A BILL to amend and reenact §§ 19.2-392.1, 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of police and court records; misdemeanor and felony convictions.

20103819D

S.B. 815 Marijuana; decriminalization of possession, penalty.

Patron: Morrissey

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations or civil violations by a juvenile, and the driver's license suspension provisions apply only to criminal violations. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.

A BILL to amend and reenact §§ 16.1-260, 18.2-250.1, 18.2-251, 18.2-252, 18.2-259.1, 18.2-308.09, 18.2-308.1:5, and 46.2-390.1 of the Code of Virginia, relating to possession and distribution of marijuana; penalty.

20103848D

S.B. 914 Victim of human trafficking; petition for vacatur/expungement of convictions & police/court records.

Patron: Locke

Petition for vacatur and expungement of convictions and police and court records of victims of human trafficking. Allows any person who was a victim of human trafficking at the time of an offense that led to a criminal charge or conviction of certain crimes to petition the court to vacate such conviction and expunge the police and court records related to such conviction or to expunge the police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participation in an offense was a result of having been a victim of human trafficking if there is official documentation, defined in the bill, of the petitioner's status as a victim of human trafficking at the time of the offense.

A BILL to amend and reenact § 19.2-392.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-392.2:1, relating to petition for vacatur and expungement of convictions and police and court records of victims of human trafficking.

20104541D

S.B. 947 Police and court records; expungement of records, acquittals.

Patron: Saslaw

Expungement of police and court records; acquittals. Provides that a court that enters a judgment acquitting a person of a criminal charge shall also enter an order requiring the expungement of the police and court records relating to the charge. Currently, such a person may file a separate petition for the expungement of such records; however, except in certain cases involving misdemeanor charges, the person is not entitled to an order of expungement, and the court hearing the petition must find that the continued existence and possible dissemination of such records causes or may cause circumstances that constitute a manifest injustice to such person before such an order will be entered.

A BILL to amend and reenact §§ 19.2-392.1 and 19.2-392.2 of the Code of Virginia, relating to expungement of police and court records; acquittals.

20104924D