Rep. Michael P. Mullin

Telework expenses tax credit. Reinstatesthe telework expenses tax credit for taxable years 2022 through 2031.The previous version of the credit expired on January 1, 2019. Thebill removes requirements that were in place under the previous versionof the credit, such as requiring the employee and employer to signa telework agreement. The bill also eliminates a previous requirementthat credit claimants apply for and reserve credits in advance andinstead directs the Department of Taxation to develop proceduresfor claiming the credit.

Discovery in criminal cases; copies of discoveryfor the accused. Provides that for any discovery materials orevidence that the accused is permitted to inspect and review, the accused may request the Commonwealth to copy or photograph such discovery materials or evidence, and the Commonwealth shall provide such copiesor photographs to the accused or his counsel.

Operating motor vehicle with accumulated snowor ice; penalty. Provides that it is a traffic infraction punishableby a fine of $100 for a person to operate a moving motor vehiclewith any amount of accumulated snow or ice on its exposed surfaceswhere, were the snow or ice to become dislodged from such vehicle,such accumulated snow or ice could interfere with the operation ofanother motor vehicle or cause injury to persons or property. Thebill exempts from the infraction a person operating an emergencyvehicle, a vehicle engaged in snow or ice removal and control operations,or a vehicle operated during adverse weather conditions arising afteroperation of the vehicle began that result in the accumulation ofsnow or ice on such vehicle.

Expunged criminal records; use in civil action.Allows any party to a civil action filed arising out of or relatingto a criminal charge wherein criminal records have been expungedor a petition to expunge such records is pending to file a motionfor the release of such records for use in such civil action.

Bail in subsequent proceeding arising out ofinitial arrest. Provides that any person who was previously admittedto bail shall be granted bail and have the terms of bond or recognizancefixed in the amount or manner consistent with the prior admissionto bail, but if the court having jurisdiction of the subsequent proceedingbelieves bail is inappropriate, or the amount of bond or securityinadequate or excessive, it may deny bail, or change the amount ofsuch bond or security, require new and additional sureties, or setother terms of bail as are appropriate to the case. Under currentlaw, any person who was previously admitted to bail is not requiredto be admitted to bail in any subsequent proceeding arising out ofthe initial arrest unless the court having jurisdiction of such subsequentproceeding deems the initial amount of bond or security taken inadequate.This bill is a recommendation of the Virginia Criminal Justice Conference.

Campaign finance; prohibited personal use ofcampaign funds; complaints, hearings, civil penalty, and advisoryopinions. Prohibits any person from converting contributionsto a candidate or a candidate's campaign committee for their personal use. Current law only prohibits such conversion of contributionswith regard to disbursement of surplus funds at the dissolution ofa campaign or political committee. The bill provides that a contributionis considered to have been converted to personal use if the contribution,in whole or in part, is used to fulfill any commitment, obligation,or expense that would exist irrespective of the person's seeking,holding, or maintaining public office but excepts from "personaluse" the ordinary and accepted expenses related to campaigning foror holding elective office, including the use of campaign funds topay for the candidate's child care expenses that are incurred as adirect result of campaign activity. Any person subject to the personaluse ban may request an advisory opinion from the State Board of Electionson such matters. The bill directs the State Board of Elections toadopt emergency regulations similar to those promulgated by the FederalElection Commission to implement the provisions of the bill and toprovide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any new regulations promulgatedby the State Board of Elections.

Workers' compensation; domestic service employees.Provides that individuals who are engaged in providing domesticservice, defined in the bill, are not excluded from the Virginia Workers' Compensation Act.

Regular grand jury; provisions for court reporter; use and disposition of notes, tapes, and transcriptions. Provides that a court reporter shall be provided for a regular grand jury to record, manually or electronically, and transcribe all oral testimony taken before a regular grand jury, but such reporter shall not be present during any stage of its deliberations. The bill provides that the foreman shall cause the notes, tapes, and transcriptions of the court reporter to be sealed, the container dated and delivered to the court, and that the court shall cause the sealed container to be kept safely. The bill provides for certain circumstances in which the court may authorize disclosure of such sealed notes, tapes, and transcriptions.

Right to counsel; target of investigation. Provides that whenever a person is informed in writing by the attorney forthe Commonwealth, the Attorney General, or counsel or special counselfor a multi-jurisdiction grand jury or special grand jury that heis the target of a criminal investigation for a criminal offense,the penalty for which may be confinement in the state correctionalfacility or jail, including charges for revocation of suspensionof imposition or execution of sentence or probation, that targetmay present the written target letter to the clerk of the circuitcourt to set a hearing for the circuit court to inform him of hisright to counsel and provide the target a reasonably opportunityto employ counsel, or if appropriate, execute a statement of indigence.The bill provides that the target letter, statement of indigence,other documents, and proceedings shall be sealed until such time as the target is charged with a criminal offense related to the targetletter or until good cause is shown that they be unsealed.

Virginia Freedom of Information Act; requiredrelease of law-enforcement disciplinary records; exceptions.Requires the release of law-enforcement disciplinary records relatedto completed disciplinary investigations. The bill defines "law-enforcementdisciplinary records" as any record created in furtherance of a law-enforcement disciplinary proceeding or any other administrative or judicial proceeding arising from the law-enforcement officer's conduct, whether suchproceeding takes place in the Commonwealth or in another jurisdiction.The bill allows for the redaction of certain personal contact informationof the law-enforcement officer, complainant, and witness and of their families; social security numbers; certain medical and identifyinginformation of the law-enforcement officer and complainant; and anytechnical infraction, as defined in the bill, by the law-enforcementofficer. This bill is a recommendation of the Virginia Freedom ofInformation Advisory Council.