Del. Marcus Simon

Expungement of police and court records; misdemeanor convictions. Allows a person convicted of a misdemeanor to filea petition requesting expungement of the police and court recordsrelating to the conviction if (i) such person has been free from any term of incarceration, probation, and postrelease supervisionimposed as a result of such conviction for at least two years and (ii) such person has no pending criminal proceeding. The bill alsorequires the court to grant such petition for expungement of policeand court records if such petition is for a misdemeanor arrest, charge,or conviction. Currently, except in certain cases, the person isnot entitled to an order of expungement, and the court hearing thepetition must find that the continued existence and possible disseminationof such records causes or may cause circumstances that constitutea manifest injustice to such person before such an order will beentered.

Campaign Finance Disclosure Act; unlawful conversionof political contributions to personal use; penalty.Prohibits any person from converting any moneys, securities, or likeintangible personal property that has been contributed to a candidate,a campaign committee, or a political committee to his personal useor the personal use of any other person. A contribution is consideredto be converted to personal use if the contribution, in whole orin part, is used to fulfill any commitment, obligation, or expensenot related to the ordinary and necessary expenses related to seeking,holding, or maintaining public office or carrying out the ordinaryactivities of the committee. The bill provides that a violation ofthe prohibition is a Class 1 misdemeanor. Current law prohibits suchconversion of contributions to personal use specifically with regardto disbursement of surplus funds at the dissolution of a campaignor political committee. The bill also requires the State Board ofElections to provide, upon request, formal advisory opinions regardingthe permitted and prohibited uses of contributions and publish suchopinions on the Department of Elections website.

Attorneys for the Commonwealth; compensation and collectionof fees. Prohibits the Compensation Board, when determining staffing andfunding levels for offices of attorneys for the Commonwealth, from (i)considering the number of charges brought or the number of convictions obtainedby such attorney for the Commonwealth; (ii) relying on standards devised orrecommended by the attorney for the Commonwealth, law-enforcement agencies, orprofessional associations representing attorneys for the Commonwealth orlaw-enforcement officers; or (iii) using measures that increase if an attorneyfor the Commonwealth (a) elects to prosecute a more serious charge, (b) electsto prosecute additional charges from a single arrest or criminal incident, (c)obtains convictions rather than dismissing charges or offering reduced charges,or (d) proceeds with prosecution rather than diversion. The bill also requiresattorneys for the Commonwealth to pay all fees collected by them inconsideration of the performance of official duties or functions into the statetreasury, instead of only half of such fees. The bill requires the StateTreasurer to pay to the treasuries of the respective counties and cities of theattorneys for the Commonwealth a proportion of half of all such fees collectedby all attorneys for the Commonwealth, as determined by each county or city'scrime rate, criminal incident rate, or arrest rate. Finally, the bill changesthe fees collected by attorneys for the Commonwealth on trials of felonyindictments from $40 on each count to $120 for each trial of a Class 1 or Class2 felony indictment, or other felony that carries a possible penalty of life inprison, except robbery, and $40 for each trial on robbery and all other felonyindictments regardless of the number of counts. The bill contains technicalamendments.

Expungement of certain charges and convictions.Allows a person to petition for expungement of convictions and deferreddisposition dismissals for marijuana possession, underage alcoholpossession, and using a false ID to obtain alcohol when the offenseoccurred prior to the person's twenty-first birthday; all court costs,fines, and restitution have been paid; and five years have elapsedsince the date of completion of all terms of sentencing and probation.The bill provides that any person seeking expungement of a marijuanapossession 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.

Possession of marijuana. Allows for possession of small amounts of marijuana for personal use.

Constitutional amendment (voter referendum); personal property tax exemption; motor vehicle owned by a veteran who is disabled. Provides for a referendum at the November 3, 2020, election to approve or reject a personal property tax exemption for a motor vehicle that is owned and used primarily by or for a veteran of the Armed Forces of the United States or the Virginia National Guard who has a 100 percent service-connected, permanent, and total disability.

Expungement of certain offenses. Allowsa person to petition for expungement of a deferred disposition dismissalfor underage alcohol possession or using a false ID to obtain alcoholwhen 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 ageand has no other alcohol-related convictions. The bill provides thatany person seeking expungement of an alcohol-related charge shallbe assessed a $150 fee, which shall be paid into the state treasuryand credited to the Department of State Police.

Veterans and active duty members of the ArmedForces; teachers; credit for service. Requires each local schoolboard to give any veteran or active duty member of any of the ArmedForces of the United States or the Commonwealth who it employs asa teacher in the local school division credit for any time servedin any such forces in determining such teacher's step on the localschool division's teacher salary scale.

Local taxing authority. Equalizes city taxing authority and county taxing authority by granting a county the same authority to impose taxes on cigarettes, admissions, transient room rentals, meals, and travel campgrounds without limitation on the rate that may be imposed.The bill authorizes all counties to impose an admissions tax with no restriction on the rate. Under current law, only certain counties may impose an admissions tax, and the rate generally is capped at 10 percent. Under current law, all cities may impose the tax with no restriction on the rate.The bill authorizes all counties to impose a transient occupancy tax with no limitation on the rate that may be imposed. Under current law, counties generally are limited to a maximum rate of two percent, although certain counties may impose the tax at higher rates. The bill provides that, unless otherwise provided by law prior to January 1, 2020, the revenue from a tax rate above two percent up to five percent is restricted to tourism purposes and tax rates above five percent may be used as general revenue.The bill authorizes all counties to impose a cigarette tax with no restriction on the rate. Under current law, only Arlington County and Fairfax County may impose a cigarette tax, and the rate is limited to 30 cents per pack. Under current law, all cities may impose the tax with no restriction on the rate.The bill eliminates the limit of four percent on a county food and beverage tax (commonly referred to as the meals tax). Under current law, such limit applies to counties but not cities. The bill also removes the requirement that a county hold a referendum before imposing a meals tax. Under current law, such requirement applies to counties but not cities.The bill provides that no county that held a referendum prior to July 1, 2020, that was defeated may impose a certain tax until six years after the date of such referendum, unless a successful referendum was held after the defeated referendum and before July 1, 2020.

Consumer lending. Replaces references to payday loans with the term "short-term loans." The measure caps the interest and fees that may be charged under a short-term loan at an annual rate of 36 percent, plus a maintenance fee; increases the maximum amount of such loans from $500 to $2,500; and sets the duration of such loans at a minimum of four months, subject to exceptions, and a maximum of 24 months. Short-term loan licensees are required to make a reasonable attempt to verify a borrower's income and may not collect fees and charges that exceed 50 percent of the original loan amount if such amount is equal to or less than $1,500 and 60 percent of the original loan amount if such amount is greater than $1,500. The measure amends the requirements for motor vehicle title loans, including requiring licensed lenders to use a database to determine a prospective borrower's eligibility for a loan and prohibiting loans to a borrower who has an outstanding short-term loan. The measure sets a 36-percent annual interest rate cap on open-end credit plans and allows a $50 annual participation fee. A violation of these provisions is made a prohibited practice under the Virginia Consumer Protection Act. The measure amends provisions of the Consumer Finance Act to, among other things, allow licensed lenders to use the services of access partners and establish requirements that loans be between $300 and $35,000; be repayable in substantially equal installment payments; have a term of no fewer than six and no more than 120 months; charge not more than 36 percent annual interest and a loan processing fee; and require licensees to post a bond. The measure prohibits credit service businesses from advertising, offering, or performing other services in connection with an extension of credit that has an annual interest rate exceeding 36 percent, is for less than $5,000, has a term of less than one year, or is provided under an open-end credit plan. The bill has a delayed effective date of January 1, 2021, and requires any person who would be required to be licensed under the provisions of the act to apply for a license by October 1, 2020. This bill is identical to SB 421.