Sealing of offenses resulting in a deferredand dismissed disposition or conviction by petition; defendant witha disorder or disability. Provides that a defendant with a disorderor disability, as defined in the bill, may file a petition that requeststhe sealing of the criminal history record information and courtrecords of a Class 4 felony conviction or deferred and dismisseddisposition. Under current law, Class 4 felony convictions or deferredand dismissed dispositions are ineligible to be sealed.
Study; Joint Commission on Health Care to studyeating disorders in the Commonwealth; report. Directs the JointCommission on Health Care to study eating disorders in the Commonwealth.In conducting its study, the Joint Commission on Health Care shall(i) determine the incidence of diagnosed eating disorders in Virginia;(ii) assess the adequacy of eating disorder training provided topublic school educators; (iii) evaluate the adequacy of the curriculumrelating to eating disorders in Virginia's medical and nursing schoolsand continuing education requirements for Virginia medical professionals;(iv) determine strategies by which Virginia can increase awarenessof eating disorders, including their symptoms, effects, and preventiveinterventions; (v) assess the cost of treatment incurred by patientswith eating disorders borne by the Commonwealth's Medicaid programas well as by private health plans and employers; (vi) assess issuesconcerning access to care for eating disorders within the Commonwealth;(vii) generate recommendations for improving education, prevention,early detection, and treatment of eating disorders in Virginia andestimate the fiscal impact on the Commonwealth and private payersfor the implementation of such strategies; and (viii) consider, asthe Commission may identify, such other issues related to the objectivesof this study. The Commission must submit its findings and recommendationsto the 2023 Session of the General Assembly.
Constitutional amendment (voter referendum);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Provides for a referendum at the November 8, 2022,election to approve or reject an amendment that would repeal theconstitutional provision defining marriage as only a union betweena man and woman as well as the related provisions that are no longervalid as a result of the United States Supreme Court decision inObergefell v. Hodges, 576 U.S. 644 (2015). The amendment providesthat the right to marry is a fundamental right inherent in the libertyof persons and requires the Commonwealth and its political subdivisionsand agents to issue marriage licenses, recognize marriages, and treatall marriages equally under the law, regardless of the sex or genderof the parties to the marriage. Religious organizations and clergyacting in their religious capacity have the right to refuse to performany marriage.
Sealing of offenses resulting in a deferredand dismissed disposition or conviction. Provides that a personshall not pay any fees or costs for filing a sealing criminalrecords petition. Under current law, a person is required to filean indigence petition for any fees or costs to be waived. The billalso eliminates the lifetime cap on the number of sealing petitionsthat may be filed. The bill reduces from seven years to three yearsfor a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense tobe sealed and the filing of the sealing petition during which thepetitioner must not have been convicted of violating any law of theCommonwealth. The bill also adds convictions for (i) failure to paychild support, (ii) driving without a license, (iii) driving witha suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automaticsealing. The bill also specifies that the sealing of records relatedto a conviction includes sealing any criminal history record informationand court records related to any violation of the terms and conditionsof a suspended sentence or probation for such conviction.
Study; JLARC; election governance structure; report. Directs the Joint Legislative Audit and Review Commission to conduct a two-year study on the election governance structure in the Commonwealth. In conducting its study, JLARC shall (i) review the roles and responsibilities of state and local election officials in the administration and conduct of elections in the Commonwealth, including the level of oversight by state election officials and the degree of decision-making by local election officials; (ii) review the methods of selection and removal of state and local election officials and evaluate how such methods shape accountability mechanisms; (iii) review the level of funding provided by the state and localities; (iv) evaluate the potential for partisan pressures and influence in administrative decisions at the state and local election level; (v) develop recommendations for objective methods of evaluating the performance of both local and state election officers to determine if they are appropriately fulfilling the responsibilities of their positions and whether removal may be necessary; and (vi) make other recommendations as necessary and review other issues as warranted.
Lower carbon concrete; report. Providesa performance bonus for contractors to utilize approved lower carbonconcrete products in projects with the Department of General Services(DGS) and the Department of Transportation (VDOT). The bill directsthe Department of Environmental Quality to develop, in conjunctionwith DGS and VDOT, the baseline for determining if a concrete productis lower carbon concrete. The bill requires VDOT and DGS to reportannually to the Governor and the General Assembly concerning theuse of the performance bonus. The bill also creates a nonrefundabletax credit for taxable years beginning on and after January 1, 2022,but before January 1, 2026, for certain technology implementationcosts incurred by concrete producers in the production of lower carbon concrete equal to the amount actually paid by the producerfor the technology implementation, up to a maximum of $5,000.
Foster Care Prevention program. Establishesthe Foster Care Prevention program to facilitate placements withrelatives and ensure that such relatives are provided with the resources necessary to provide care for the child. The bill provides that achild is eligible to participate in the Foster Care Prevention programif the local department of social services (local department) determinesthat (i) the child is in the custody of a relative pursuant to acourt order; (ii) the child's parent or guardian voluntarily placedthe child with such relative; (iii) the child demonstrates a strongattachment to the relative, and the relative has a strong commitmentto caring for the child; and (iv) had the relative not agreed totake custody of the child, the local department likely would havefiled a petition to remove the child from his home due to an imminentthreat of child abuse or neglect. The bill requires relatives seeking to receive Foster Care Prevention program payments to enter intoan agreement with the local department and Department of Social Servicesthat describes the manner in which payments will be provided and establishes the amount of such payments. The bill requires the juvenileand domestic relations court, in any custody case involving the FosterCare Prevention program wherein a relative is awarded custody ofa child, to establish the timelines of the custody order and allowsthe court to order the local department to provide case managementservices.
Campaign finance; mandatory electronic filingfor all candidates. Requires all candidates to file their campaignfinance reports electronically with the State Board of Elections.
Assault and battery; persons diagnosed withautism spectrum disorder, intellectual disability, or mental illness;penalties. Provides that any person charged with a simple assaultand battery offense who has been diagnosed by a psychiatrist or clinicalpsychologist with an autism spectrum disorder, an intellectual disability,or mental illness and the violation was caused by or had a directand substantial relationship to the person's disorder or disabilityis guilty of a Class 1 misdemeanor and shall not be subject to mandatoryminimum punishment. Under current law, certain simple assault and battery offenses carry a mandatory minimum punishment when such offensesare committed against certain groups of people.
Constitutional amendment (voter referendum);qualifications of voters and the right to vote; persons not entitledto vote. Provides for a referendum at the November 8, 2022, generalelection to approve or reject an amendment that would provide forthe fundamental right to vote in the Commonwealth, revise the qualificationsof voters so that a person convicted of a felony is not entitledto vote during his period of incarceration but is automatically investedwith the right to vote upon release from incarceration, and updatethe existing prohibition on voting by persons found to be mentallyincompetent to instead apply to persons who have been found to lackthe capacity to understand the act of voting.
Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I; retroactive and prospective effect. Provides that the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, shall be given retroactive and prospective effect. The bill also provides that its provisions shall not create any cause of action for damages against the Commonwealth or any of its political subdivisions, nor shall it form the basis for relief in any habeas corpus proceeding or appellate proceeding.
Study; Joint Commission on Health Care; Commonwealth'spublic health system; report. Directs the Joint Commission onHealth Care to complete a two-year study of the Commonwealth's publichealth system and develop recommendations for its improvement. TheCommission's study shall include examining the structure, operations,oversight, and funding of the existing public health system and the effectiveness of the current public health system in meeting ongoingpublic health needs as well as public health needs resulting frompublic health emergencies and shall identify areas of success andareas for improvement in preparation for and response to future publichealth emergencies.
