Del. Clint Jenkins

Commending the Maury High School football team.

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.

Presumption of death; missing person report.Provides that a person who is a resident of the Commonwealth shallbe presumed dead if such person disappears for two successive years,his body has not been found, he is not known to be alive, and a missingperson report has been issued for him by a local law-enforcement agency.

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.

Constitutional amendment (first resolution);real property tax exemption; affordable housing. Provides thatthe General Assembly may authorize a locality to fully or partiallyexempt affordable housing, as such term may be defined by statute,from real property taxation.

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; 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.

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 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.

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.