Del. Carrie Coyner

Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person servinga sentence for any conviction or a combination of any convictionswho remains incarcerated in a state or local correctional facilityand meets certain criteria to petition the circuit court that enteredthe original judgment or order to (i) suspend the unserved portionof such sentence or run the unserved portion of such sentence concurrentlywith another sentence, (ii) place such person on probation for suchtime as the court shall determine, or (iii) otherwise modify the sentenceimposed.

Constitutional amendment (voter referendum);qualifications of voters and the right to vote; persons not entitledto vote. Provides for a referendum at the November 8, 2022, generalelection to approve or reject an amendment that would provide forthe fundamental right to vote in the Commonwealth, revise the qualificationsof voters so that a person convicted of a felony is not entitledto vote during his period of incarceration but is automatically investedwith the right to vote upon release from incarceration, and updatethe existing prohibition on voting by persons found to be mentallyincompetent to instead apply to persons who have been found to lackthe capacity to understand the act of voting.

Writ of post-conviction relief for marijuana-related offenses. Creates a writ of post-conviction relief by which persons convicted of certain felony marijuana-related offenses committedprior to July 1, 2021, who remain incarcerated on July 1, 2022, maypetition the circuit court for modification of such person's sentence.The bill requires such petition to be filed by July 1, 2026. Thebill has an expiration date of July 1, 2027.

Unlawful dissemination of sexually explicit visual material to another; penalty. Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second or subsequent offense.

Virginia Overtime Wage Act. Provides thatfor the purposes of the Virginia Overtime Wage Act, the term "employee"does not include certain persons excluded from the definition of"employee" under the federal Fair Labor Standards Act (the federalact). The bill provides that an employer may assert an exemptionto the overtime requirement of the Virginia Overtime Wage Act foremployees who meet certain exemptions set forth in the federal act.The bill also provides that a public agency, as defined in the federalact, may provide an employee compensatory time off in lieu of overtimecompensation, in accordance with the federal act.

Criminal records; sealing of records by petition;criteria. Removes the requirement that a petitioner has not previously obtained the sealing of two other deferrals or convictionsarising out of different sentencing events from the criteria thatmust be met for the court to enter an order requiring the sealingof the criminal history record information and court records relatedto certain convictions or charges that have been deferred or dismissed.The bill also adds convictions for driving on a suspended licenseand driving without a valid license to the list of convictions eligiblefor automatic sealing. Currently, such offenses are eligible forsealing upon petition. Also, for sealing of misdemeanor offenses by petition, the bill reduces from seven years to five years theperiod for which the person shall not have been convicted of any offense in order to be eligible for such sealing. The bill also specifiesthat the sealing of records related to a conviction includes the sealing of any criminal history record information and court recordsrelated to any violation of the terms and conditions of a suspendedsentence or probation for such conviction.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Wetland and stream mitigation banks; use ofcredits from secondary service area. Allows any applicant fora Virginia Water Protection Permit to purchase or use credits fromthe secondary service area of a mitigation service provider.

Modification of sentence for marijuana-related offenses. Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, may receive an automatic hearing to consider modification of such person's sentence. The provisions of the bill sunset on July 1, 2024.

Workplace violence protective orders. Providesthat an employer may petition the court for a preliminary protectiveorder or a protective order to protect the health and safety of itsemployees. The bill provides that the venue for a workplace violenceprotective order is the jurisdiction where the workplace is locatedfrom which the petitioner seeks to have the respondent prohibited.