Del. Joseph C. Lindsey

Commending the Maury High School football team.

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. This bill was incorporated into HB 177.

Parole; exception to limitation on the applicationof parole statutes. Provides that an incarcerated person is eligiblefor parole if (i) such person was sentenced by a jury prior to thedate of the Supreme Court of Virginia decision in Fishback v.Commonwealth, 260 Va. 104 (June 9, 2000), in which the Courtheld that a jury should be instructed on the fact that parole hasbeen abolished, for a noncapital felony committed on or after theabolition of parole went into effect (on January 1, 1995) and (ii)the jury was not instructed on the abolition of parole in the Commonwealth.

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; misdemeanor and nonviolent felony convictions. Allows a person convicted of a misdemeanor or nonviolent felony to file a petition requesting expungement of the police and court records relating to the conviction if such person has (i) been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for at least eight years; (ii) no prior or subsequent convictions other than traffic infractions; and (iii) no pending criminal proceeding.

Expungement of certain charges and convictions.Allows a person to petition for expungement of convictions and deferreddisposition dismissals for simple larceny or concealment of goodsor merchandise when (i) the goods or merchandise consisted of foodor medically necessary supplies, (ii) the offense occurred priorto the person's twenty-first birthday, and (iii) five years havepassed since the date of completion of all terms of sentencing andprobation.

Voter registration; close of registration records. Reduces the period of time that registration records must be closedbefore a general or primary election from 21 days to 13 days. The bill adjusts other deadlines to reflect this change. The period oftime that the registration records must be closed before a specialelection remains the same.

Expungement of certain charges and convictions.Allows a person to petition for expungement of convictions and deferreddisposition dismissals for marijuana possession, underage alcoholpossession, and using a false ID to obtain alcohol when the offenseoccurred prior to the person's twenty-first birthday; all court costs,fines, and restitution have been satisfied; and five years have elapsedsince the date of completion of all terms of sentencing and probation.

Prohibited discrimination in public employment and housing; sexual orientation or gender identity. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. The bill defines "sexual orientation" and "gender identity." This bill was incorporated into HB 1663.

Virginia Human Rights Act; prohibited discrimination; sexual orientation and gender identity. Adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful discriminatory practice under the Virginia Human Rights Act. The bill also creates a cause of action if any person employed by an employer who employs more than five but fewer than 15 persons is discharged by such employer on the basis of sexual orientation or gender identity. The bill defines "sexual orientation" and "gender identity." The bill contains technical amendments and was incorporated into HB 1663.