Public institutions of higher education; certainstudents; eligibility for in-state tuition. Declares eligiblefor in-state tuition, regardless of domicile, any non-Virginia studentenrolled at a public institution of higher education, except theVirginia Military Institute, who (i) pays for at least the equivalentof four semesters or two academic years at the institution with fundsreceived pursuant to the federal Veterans' Access to Care throughChoice, Accountability, and Transparency Act of 2014 and thereafterexhausts eligibility for benefits under such act or (ii) demonstratesa commitment to pay for at least the equivalent of four semesters or two academic years at the institution with funds received pursuantto such act through an affidavit, provided that (a) any such studentmaintains continuous enrollment in the same degree program at thesame institution after he exhausts eligibility for such benefitsand (b) no such student shall remain eligible for in-state tuitioncharges for more than three years after he exhausts eligibility forsuch benefits or upon degree completion, whichever occurs first,unless he establishes domicile in the Commonwealth.
Failure to advise of consequences of guiltyplea; vacation of conviction. Creates a mechanism for a personwho is not a citizen of the United States to vacate a criminal convictionor adjudication of delinquency, other than for a violent felony oran offense that requires sex offender registration, if such personwas not advised of the possible adverse consequences of such convictionor adjudication on his immigration status (i) for any conviction ofsuch offense entered on or before July 1, 2019, or (ii) if the petitionerreceived actual notice that he is subject to deportation or removalfrom the United States, exclusion from admission to the United States, or denial of naturalization under federal law as a result of enteringa plea of guilty or nolo contendere to such offense and such petitionis filed within one year after receiving such notice. The bill providesthat such person may file a petition with the appropriate circuitcourt, which may hold a hearing on the petition and either dismissthe petition or vacate the person's conviction or adjudication andorder a retrial. The bill also provides that only one such petitionmay be filed.
Powers of special police appointed pursuantto a city charter. Authorizes special police officers appointedby authority of a city charter to issue summonses in lieu of warrants in misdemeanor cases if such officers are in uniform or displayinga badge of office.
Virginia Freedom of Information Act; applicability to certain records of the Office of Executive Secretary and judicial officers; duties of Executive Secretary to the Supreme Court. Provides that for the purposes of the provisions of the Virginia Freedom of Information Act that are applicable to access to public records, the Office of Executive Secretary to the Supreme Court shall be considered a public body and, except as otherwise expressly provided by law, shall have the same obligations to disclose public records as other custodians of public records. The bill clarifies that the public records provisions of the Freedom of Information Act do not apply to judicial officers or information created or maintained on behalf of judicial officers, but do apply to any administrative records of judicial officers that are maintained by the Office of Executive Secretary and unrelated to a record created, collected, received, or maintained in connection with a particular case. The bill also adds to the duties of the Executive Secretary a role as custodian of records of administrative functions performed by persons employed by him or acting under his direction and of aggregated data regarding Virginia courts that may be obtained from systems maintained by his office. Finally, the bill directs the Supreme Court of Virginia to revise the rules of practice and procedure as necessary to comply with the provisions provided for in the bill. This bill incorporates HB 609.
Release of balloon prohibited; civil penalty.Prohibits any person, with certain exceptions, from knowingly releasingor causing to be released any balloon outdoors and provides thatany person convicted of a violation shall be liable for a civil penaltyof not less than $250 or more than $2,500, to be paid into the LitterControl and Recycling Fund. A court may, as an alternative to imposingthe penalty, require the performance of at least 10 hours of communityservice in litter abatement activities. Current law prohibits a personfrom releasing 50 or more balloons within an hour and sets the civilpenalty at $5 per balloon, with the proceeds deposited into the LifetimeHunting and Fishing Endowment Fund.
Victims of human trafficking; eligibility forin-state tuition. Provides that a non-Virginia student who ispresent in the Commonwealth as a result of being a victim of humantrafficking, defined in the bill, is eligible for in-state tuition.The bill provides that a person may be a victim of human traffickingregardless of whether any person has been charged with or convictedof any offense and that eligibility for in-state tuition may be provedby a certification of such status as a victim of human traffickingby a public or not-for-profit agency the primary mission of whichis to provide services to victims of human trafficking. The billalso prohibits any institution of higher education from disclosingany personally identifying information or individual informationrelated to the status of any non-Virginia student applying for in-statetuition as a victim of human trafficking.
Humane Cosmetics Act; civil penalties. Prohibits testing cosmetics on animals in the Commonwealth effective July 1,2021. The bill also prohibits the sale in the Commonwealth effectiveJuly 1, 2023, of any cosmetic that was developed or manufacturedusing animal testing on or after July 1, 2021. Violations are subjectto a civil penalty not to exceed $10,000.
Election day voter registration; pilot program.Requires the State Board of Elections to develop a pilot programfor election day voter registration, by which a person who (i) offersto vote on election day but is not a registered voter, (ii) providesone of the allowable forms of identification specified by law, and(iii) provides proof of his residency, in a form specified by theState Board for this purpose, in the precinct in which he offersto vote, shall be permitted to register to vote and to cast a ballot.The bill provides a process by which the validity of such votes isdetermined. The bill requires participating localities to provideinformation on the implementation of the pilot program in its localityto the State Board by December 1 of each year in which it participates.The bill requires the State Board to submit a report on the pilotprogram to the Governor, the General Assembly, and the House andSenate Committees on Privileges and Elections, including a recommendation as to whether there should be statewide election day voter registration.The bill has an expiration date of December 31, 2022.
Form of ballot; party identification of certaincandidates; constitutional offices. Provides that any candidatefor a constitutional office who has been nominated by a politicalparty or in a primary election shall be identified on the ballotby the name of his political party. Currently, only candidates forfederal, statewide, and General Assembly offices nominated by a politicalparty or in a primary election are so identified.
Allowing access to firearms by minors; penalty. Provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.
Installation of certain facilities by developer; reimbursement. Provides specific parameters to address the installationof reasonable and necessary sewerage and water facilities locatedon or outside the property limits of the land owned or controlledby the developer or subdivider that is necessitated or required,at least in part, by the utility needs of the development or subdivision,including reasonably anticipated capacity, extensions, or maintenanceconsiderations of a utility service plan for the service area. Suchdeveloper or subdivider shall be entitled to reimbursement of itscosts, including a new mechanism for connection fee reimbursement,by any subsequent developer or subdivider that utilizes the installedsewerage or water facility, except for those costs associated withthe installing developer's pro rata share. The bill provides authority,at the developer's option, for reimbursement for the water and sewerfacility in exchange for entitlement to water or sewer connectionor capacity fees otherwise due to the locality imposed upon the developer'slots within its development or subdivision.
Study; joint subcommittee to study issues relatedto firearms and safety in the Commonwealth; report. Establishesa two-year joint subcommittee to study numerous issues related tofirearms, firearms safety, violence, and Second Amendment rights. The resolution directs the joint subcommittee to file an interimreport after November 2020 and a final report after November 2021.
