Expungement of police and court records; nolleprosequi taken or acquittal. Provides that a court that takesa nolle prosequi or enters a judgment acquitting a person of a criminalcharge shall, upon motion of the person, enter an order requiringthe expungement of the police and court records relating to the charge.Currently, such a person may file a separate petition for the expungementof such records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.
Del. Marcus Simon
Sponsored bills
Voter registration by mail; certain first-timevoters permitted to vote by absentee ballot. Adds to the listof exceptions to the requirement that first-time voters who registeredto vote by mail must vote in person those voters who are entitledunder current law to vote by absentee ballot because they are confinedwhile awaiting trial or for having been convicted of a misdemeanor.
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.
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.
Project labor agreements; public procurement. Authorizes any state or local government, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, to require bidders to enter into or adhere to project labor agreements on the public works projects. This bill was incorporated into HB 358.
Virginia Lottery; repeal prohibition against sale of lottery tickets over the Internet; electronic sports betting; Problem Gambling Treatment and Support Fund; Sports Betting Operations Fund; penalties. Directs the Virginia Lottery (the Lottery) to regulate electronic sports betting. Under the provisions of the bill, betting on amateur sports, including youth sports and college sports, is prohibited, and betting on professional sports is allowed. The bill provides protections for vulnerable populations and protections of a sports bettor's rights to self-exclusion, data privacy and security, recourse, and integrity and transparency of gameplay. The bill prohibits betting by Lottery employees, participants in athletic events on which the bet is placed, and persons under age 21. The penalty for engaging in prohibited betting is a Class 1 misdemeanor. The bill directs the Lottery to establish a voluntary exclusion program, which would allow individuals to request that the Lottery exclude them from buying lottery tickets or participating in electronic sports betting.The bill imposes a 10 percent tax on a permit holder's adjusted gross revenue, defined in the bill. The Lottery would retain three percent of the tax revenue to defray its costs of administering the program. The bill creates the Problem Gambling Treatment and Support Fund, administered by the Department of Behavioral Health and Developmental Services. The Fund would be used to provide counseling to compulsive gamblers, implement problem gambling treatment and prevention programs, and provide grants to organizations that assist problem gamblers. The Fund would be funded by 97 percent of the revenue generated from the 10 percent tax on a permit holder's adjusted gross revenue.The bill authorizes the Lottery to sell tickets over the Internet, which is prohibited under current law. This bill was incorporated by HB 896.
Right to reproductive choice. Provides thatevery individual has a fundamental right to choose or refuse contraceptionand that a pregnant person has a fundamental right to choose to carrya pregnancy to term, give birth to a child, or terminate a pregnancy.The bill states that the Commonwealth shall not, in the regulationor provision of benefits, facilities, services, or information, denyor interfere with an individual's fundamental rights, including individualsunder state control or supervision. The bill states that any stateor local official who is charged with violating provisions of thissection shall be subject to an action in federal or state court forinjunctive relief and damages. Such action may be brought by any person or entity that may be aggrieved by such official's actions.
Individual and corporate income tax credit;employers of military spouses. Provides for taxable years 2020through 2024 a nonrefundable tax credit against individual and corporate income taxes for (i) wages paid by an employer to the spouse of an active member of the United States armed forces or (ii) income ofa self-employed spouse of an active member of the United States armedforces. The amount of the credit shall be 25 percent of such wagesor income. The bill allows a taxpayer to carry unused credits overfor up to five taxable years.
Income tax; subtraction for low-income military veterans with a permanent service-connected disability. Provides an income tax subtraction for the military retirement income received by a veteran who has been rated with a 100 percent service-connected, permanent, and total disability. The bill provides that the subtraction is available only to those taxpayers whose federal adjusted gross income is no greater than 150 percent of the federal poverty level for a four-person household.
Individual and corporate income tax credit;employers of National Guard members and self-employed National Guardmembers. Provides for taxable years 2020 through 2024 a nonrefundabletax credit against individual and corporate income taxes for (i) wages paid by an employer to an employee who is a Virginia NationalGuard member or (ii) income of a self-employed National Guard memberattributable to his business. The amount of the credit shall be 25percent if such member was in a military pay status for 65 days ormore during such taxable year or 15 percent if such member was ina military pay status for 45 days or more during such taxable year.The credit shall not be allowed if such member was in a militarypay status for less than 45 days during such taxable year.