Del. Kathleen Murphy

Celebrating the life of Renee Marie Kelahan.

Guardianship; appointment of counsel for respondent;presence of respondent at hearings and proceedings; proceedings initiated inbad faith. Provides that a court shall appoint counsel for a respondent uponthe filing of a petition seeking guardianship if the respondent is notrepresented by counsel. Under current law, court appointment of counsel isdiscretionary. The bill further provides that, except for good cause shown, arespondent shall be present at a hearing and given an opportunity to be heardon a petition to appoint a guardian and at all other stages of the guardianshipproceedings. Under current law, the respondent shall be present if he requeststo be present or if his presence is requested by the guardian ad litem. Thebill further provides that a court shall require a petitioner to pay orreimburse the respondent's costs and fees if the court finds that thepetitioner initiated a guardianship proceeding in bad faith or not for thebenefit of the respondent and prohibits a petitioner from initiating any otherguardianship or conservatorship proceeding. Under current law, payment orreimbursement is discretionary. The bill further requires that a petitionercertify in the petition for appointment as guardian, conservator, or both thathe has notified certain relatives of the respondent of his intent to petitionthe court to act as such guardian, conservator, or both, and that suchrelatives have waived their right to serve in such a capacity and insteaddesignate such petitioner to serve in such a capacity.

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.

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.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.

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.

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 an active or reserveVirginia National Guard member or (ii) income of a self-employedactive or reserve Virginia National Guard member attributable to his business. The amount of the credit shall be 25 percent if such memberwas in a military pay status for 65 days or more during such taxableyear or 15 percent if such member was in a military pay status forat least 45 days but less than 65 days during such taxable year.The credit shall not be allowed if such member was in a military pay status for less than 45 days during such taxable year. The billallows a taxpayer to carry unused credits over for up to five taxableyears.