Parole; exception to limitation on the application of parole statutes. Provides that an incarcerated person is eligible for parole if (i) such person was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed on or after the abolition of parole went into effect (on January 1, 1995) and (ii) the jury was not instructed on the abolition of parole in the Commonwealth. The bill also provides that any person eligible for parole as provided by the provisions of this bill shall be given priority for consideration of parole over all other eligible persons and shall have a parole hearing no later than July 1, 2021. This bill was incorporated into SB 793.
Del. Patrick Hope
Sponsored bills
Application of parole statutes. Repealsthe abolition of parole. The bill also provides that the VirginiaParole Board shall establish procedures for consideration of parolefor persons who were previously ineligible for parole, because parolewas abolished, to allow for an extension of time for reasonable cause.
Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. This bill was incorporated into HB 177.
Elections; same-day registration; in-person absentee and election day voting. Provides an exception to the closing of registration records for any person who (i) is qualified to register to vote, (ii) is unregistered or registered in a locality in which the person no longer resides but is otherwise entitled to vote by absentee ballot, (iii) desires to vote absentee in person at the time that they present themselves to be registered, and (iv) provides proof of residency. The bill also permits same-day registrants to vote absentee and provides an excuse for election day absentee voting for such voters. The bill requires all voters who register to vote under the provisions of this bill to fill out an absentee application, including the required oath, in order to vote. This bill was incorporated into HB 201.
Memorializing Congress; deported veterans of the United States Armed Forces; medical treatment and other benefits. Urges the Congress of the United States to enact legislation to provide medical treatment and other benefits for deported veterans of the United States Armed Forces.
Elections; voter-nominated open primary elections;ranked choice voting for certain elections. Establishes a voter-nominatedprimary election for the offices of Governor, Lieutenant Governor,and Attorney General and for the General Assembly and the UnitedStates Senate and House of Representatives. A voter-nominated primaryelection is an election held for the purpose of selecting candidatesto be on the ballot at a general election. All candidates, regardlessof political party affiliation, are on a single ballot. The fourcandidates receiving the highest numbers of votes are the candidatesfor that office at the general election. The bill provides that ageneral or special election for such offices is conducted by rankedchoice voting. Ranked choice voting is the method of casting andtabulating votes in which (i) voters rank candidates in order of preference, (ii) tabulation proceeds in sequential rounds in whichlast-place candidates are defeated, and (iii) the candidate withthe most votes in the final round is elected.
Petition for vacatur and expungement of convictionsand police and court records of victims of human trafficking.Allows any person who was a victim of human trafficking at the timeof an offense that led to a criminal charge or conviction of certaincrimes to petition the court to vacate such conviction and expungethe police and court records related to such conviction or to expungethe police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participationin an offense was a result of having been a victim of human traffickingif there is official documentation, defined in the bill, of the petitioner'sstatus as a victim of human trafficking at the time of the offense.
Expungement of police and court records; misdemeanorand nonviolent felony convictions. Allows a person convictedof a misdemeanor or nonviolent felony to file a petition requestingexpungement of the police and court records relating to the convictionif such person (i) has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such convictionfor at least ten years; (ii) has no prior or subsequent convictionsother than traffic infractions; and (iii) has no pending criminalproceeding.
Expungement of police and court records; misdemeanorand nonviolent felony convictions. Allows a person convictedof certain misdemeanors or nonviolent felonies to file a petitionrequesting expungement of the police and court records relating tothe conviction if such person (i) has been free from any term of incarceration,probation, or postrelease supervision imposed as a result of suchconviction for (a) at least three years for a misdemeanor convictionand (b) at least five years for a felony conviction; (ii) has no outstanding costs, fines, or restitution; and (iii) has no pending criminal proceeding.
Expungement of police and court records.Provides that a court that enters a nolle prosequi for a criminalcharge or dismisses such charge for any reason may, upon motion ofthe person charged, enter an order requiring the expungement of thepolice and court records relating to the charge.