Del. Mark H. Levine

Provision of telecommunications services bylocal governments. Authorizes any locality to provide any telecommunications service, including cable television services, Internet, broadband,telephone service, and wireless Internet service, within its boundaries,after holding a public hearing, adopting a resolution, and obtainingapproval from the State Corporation Commission. The measure eliminatesexisting provisions that (i) prohibit cross-subsidization of such services, (ii) require feasibility studies, (iii) prevent a localityfrom charging less than an incumbent provider, and (iv) limit thetypes of localities, by population and whether they provide electricutility service, that may qualify to offer such services.

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.

Petition for reclassification or expungementof certain convictions and police and court records. Allows aperson who has been convicted of (i) a felony or misdemeanor offensethat has been decriminalized or otherwise made lawful or (ii) a felonyoffense that has been statutorily reduced to a misdemeanor offensesince the conviction of such person to file a petition requesting(a) expungement of the police records and the court records relatingto any misdemeanor or felony charge that has been decriminalized or otherwise made lawful or (b) reclassification of the police recordsand the court records relating to a felony offense that has beenstatutorily reduced to a misdemeanor offense. The bill requires thecourt to enter an order reclassifying the offense, in the case ofa felony offense that has been statutorily reduced to a misdemeanoroffense, or requiring the expungement of the police and court recordsof an offense that has been decriminalized or otherwise made lawful,if the court finds that the offense for which the person was convictedhas since been decriminalized or otherwise made lawful, or has been statutorily reduced from a felony to a misdemeanor offense.

Expungement of certain misdemeanor drug offenses. Allows a person convicted of a misdemeanor offense of possessionof a controlled substance or marijuana, or charged with such an offensewhich charge was deferred and dismissed, who has successfully completedall terms of probation to file a petition for expungement one yearafter the completion of such terms if he has not been convicted ofany offense involving violence. Any conviction that is expunged willbe considered a prior conviction for purposes of prosecution of anysubsequent offense for which the prior conviction statutorily enhancespunishment. The bill also provides that any outstanding fines orcosts from the misdemeanor conviction may be waived or reduced foran indigent petitioner or for good cause shown.

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.

Inquiry and report of immigration status; persons charged with or convicted of certain crimes. Removes provisions requiring (i) jail officers to ascertain the citizenship of any inmate taken into custody at a jail, (ii) probation and parole officers to inquire as to the citizenship status of an individual convicted of a felony in circuit court and referred to such officers, and (iii) officers in charge of correctional facilities to inquire as to the citizenship of any person committed to a correctional facility, and therefore such information is not required to be reported to the Central Criminal Records Exchange of the Department of State Police. The bill also removes the mandatory duty of the clerk of a court committing a convicted alien to a correctional facility to furnish related court records to a United States immigration officer and the requirement that an intake officer report to the Bureau of Immigration and Customs Enforcement of the U.S. Department of Homeland Security any juvenile detained on an allegation that the juvenile, believed to be in the United States illegally, committed a violent felony. This bill was incorporated into HB 1150.

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.

Constitutional amendment (first resolution); apportionment;criteria for legislative and congressional districts; Virginia CitizensRedistricting Commission. Provides for the establishment of the Virginia CitizensRedistricting Commission (the Commission), a 10-member commission responsiblefor establishing legislative and congressional districts following a decennialcensus. A selection committee consisting of five retired judges of a circuitcourt in Virginia, selected by the Speaker of the House of Delegates, theminority leader in the House of Delegates, and the majority and minorityleaders in the Senate from a list compiled by the Chief Justice of the SupremeCourt of Virginia, is tasked with adopting a process by which registeredVirginia voters may apply to serve on the Commission and selecting from theapplicants a list of 22 candidates. The amendment requires five of thecandidates to be voters who affiliate with the political party receiving the highestnumber of votes for Governor at the immediately preceding gubernatorialelection, five candidates to be voters who affiliate with the political partyreceiving the next highest number of votes for Governor at the immediatelypreceding gubernatorial election, and 12 candidates to be voters who do notaffiliate with either of those political parties. The Speaker of the House ofDelegates, the minority leader in the House of Delegates, and the majority andminority leaders in the Senate then strike names from the list until a finallist of 10 Commission members is reached consisting of three members whoaffiliate with the political party receiving the highest number of votes forGovernor at the immediately preceding gubernatorial election, three members whoaffiliate with the political party receiving the next highest number of votesfor Governor at the immediately preceding gubernatorial election, and fourmembers who do not affiliate with either of those political parties. Finalapproval or adoption of a redistricting plan requires an affirmative vote ofseven of the 10 Commission members, including at least one vote from each ofthe political parties represented. The amendment also contains criteria towhich the Commission is required to adhere when drawing the legislative andcongressional districts, including a criterion of fairness, and imposes certainrequirements on the Commission's activities to ensure accessibility by thepublic.

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.

Employment; wage inquiries; civil penalty. Prohibits any public or private employer from (i) refusing to interview, hire, or employ an applicant for employment because the applicant does not provide wage history; (ii) retaliating against an applicant for employment because the applicant does not provide wage history; or (iii) relying on the wage history of an applicant to determine the wages offered by the employer to such individual. An applicant or employee who is aggrieved by a violation may bring a private action against the employer. In addition, violators are subject to a civil penalty not to exceed $100 per violation. This bill was incorporated into HB 416.