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.
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.
Sale or distribution of flavored tobacco productsprohibited; civil penalty. Prohibits the sale or distributionof flavored tobacco products, defined in the bill, and creates acivil penalty of $1,000 for a first offense and $5,000 for a secondor subsequent offense.
Public elementary and secondary school students; suspension and expulsion; sufficient cause. Provides that in no case shall sufficient cause for the suspension or expulsion of a student from attendance at a public elementary or secondary school include only instances of truancy or nonviolent behavior. Current law provides that in no cases may sufficient cause for suspensions include only instances of truancy.
Health insurance; coverage for prosthetic devices. Requires health insurers, corporations providing health care coverage subscription contracts, health maintenance organizations, and the Commonwealth's Medicaid program to provide coverage for prostheticdevices, including myoelectric, biomechanical, or microprocessor-controlledprosthetic devices that have a Medicare code. The measure repealsthe existing requirement that coverage for prosthetic devices beoffered and made available. The measure has a delayed effective dateof January 1, 2021.
Discretionary sentencing guidelines worksheets;use by juries. Requires that the jury be given the applicablediscretionary sentencing guidelines worksheets during a sentencing proceeding and that the court instruct the jury that the sentencingguidelines worksheets are discretionary and not binding on the jury.The bill requires sentencing guidelines worksheets to be kept confidentialby the jurors and filed under seal by the court.
Official emblems and designations; state fruit.Designates the pawpaw fruit (Asimina triloba) as the state fruitof Virginia.
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.
Sentencing in a criminal case; bifurcated jurytrial. Provides that in cases of trial by jury in which the chargedoffense is not punishable by death and in which a defendant has testifiedin his case-in-chief, a jury shall render its verdict and its recommendedsentence, if applicable, at the same time.
Digital services; protection for minors.Requires the operator of a digital service, which is defined as awebsite, online service, online application, or mobile application,to permit minors to remove, or to request and obtain removal of,content or information posted on a digital service. The measure prohibitsan operator of a digital service directed to minors from marketingor advertising to minors specified products or services that minorsare prohibited from buying. The measure also prohibits marketing or advertising certain products on the basis of personal informationspecific to a minor or knowingly using, disclosing, compiling, orallowing a third party to do so. Violations are prohibited practicesunder the Virginia Consumer Protection Act. The measure has a delayedeffective date of January 1, 2021.
