Robbery; penalties. Defines "robbery" andcreates degrees of punishment corresponding to the severity of arobbery offense. Any person who commits a robbery by causing seriousbodily injury is guilty of robbery in the first degree, which ispunishable by confinement in a state correctional facility for amaximum term of life. Any person who commits robbery by displayinga firearm in a threatening manner is guilty of robbery in the second degree, which is punishable by confinement in a state correctionalfacility for a maximum term of 20 years. Any person who commits robberyby using physical force not resulting in serious bodily injury, orby displaying a deadly weapon other than a firearm in a threateningmanner, is guilty of robbery in the third degree, which is punishableas a Class 5 felony. Any person who commits robbery by using threator intimidation not involving a deadly weapon is guilty of robberyin the fourth degree, which is punishable as a Class 6 felony. Undercurrent law, any robbery is punishable by confinement in a statecorrectional facility for life or any term not less than five years.
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Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
Marijuana; legalization of simple possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also modifies several other criminal penalties related to marijuana and provides for an automatic expungement process for those convicted of certain marijuana-related crimes. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, marijuana wholesalers, and retail marijuana stores by the Virginia Alcoholic Beverage Control Authority, renamed as the Virginia Alcoholic Beverage and Cannabis Control Authority. The bill imposes a tax on retail marijuana, retail marijuana products, and marijuana paraphernalia sold by a retail marijuana store, as well as non-retail marijuana and non-retail marijuana products at a rate of 21 percent and provides that localities may by ordinance levy a three percent tax on any such marijuana or marijuana products. The bill provides that net profits attributable to regulatory activities of the Authority's Board of Directors pursuant to this bill shall be appropriated as follows: (i) 40 percent to pre-kindergarten programs for at-risk three and four year olds, (ii) 30 percent to the Cannabis Equity Reinvestment Fund, established in the bill, (iii) 25 percent to substance use disorder prevention and treatment programs, and (iv) five percent to public health programs. The bill creates the Cannabis Control Advisory Board, the Cannabis Equity Reinvestment Board, and the Cannabis Public Health Advisory Council. The bill has a delayed effective date of January 1, 2023, with provisions for the Authority's Board of Directors to promulgate regulations for the implementation of the bill and for implementation of the automatic expungement process to begin in due course. In addition, the bill establishes three work groups to begin their efforts in due course: one focused on public health and safety issues, one focused on providing resources for teachers in elementary and secondary schools, and one focused on college-aged individuals. See S. B. 1406 Rehabilitation Substitute PDF text:https://lis.virginia.gov/000/cannabisbillsub.pdf See S. B. 1406 Judiciary Substitute PDF Text:https://lis.virginia.gov/000/cannabisbillsub2.pdfSee S. B. 1406 Engrossed PDF Text:https://lis.virginia.gov/000/CannabisBillEngrossed.pdf
Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill creates the Expungement Fee Fund, which is funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill also requires a business that collects and sells or licenses the public record information of a consumer to implement security practices to protect the accuracy of a consumer's public record information, obtain express consent of a parent of a minor before selling the public record information of such minor, provide access to consumers to their own public record information that is held by the entity, refrain from maintaining or selling information that it knows to be inaccurate, and provide a means by which a consumer can opt out of the sale of his public record information. The bill provides that a violation could result in a civil penalty of up to $7,500 or damages to be awarded to a consumer. The bill also provides for the award of attorney fees and costs. With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill.
Constitutional amendment (first reference);qualifications of voters and the right to vote. Establishes thatthe sole qualifications to vote in the Commonwealth are being a UnitedStates citizen, at least 18 years of age, a resident of the Commonwealth, and registered to vote in accordance with the requirements set outin the Constitution of Virginia. The amendment further provides thatany person who meets those qualifications has the right to vote andthat such right cannot be abridged by law. The bill lifts restrictionson qualifications to vote for those who have been convicted of afelony or adjudicated to be mentally incompetent.
General registrar; qualifications, residency. Allows a county or city with a population of 50,000 or less to appoint a general registrar that is not a qualified voter of the county or city. Under current law, only counties or cities with a population of 25,000 or less may do so.
Public health emergency; emergency medical services agencies; real-time access to information. Directs the Department of Health to develop and implement a system for sharing information regarding confirmed cases of communicable diseases of public health threat with emergency medical services agencies in real time during a declared public health emergency related to a communicable disease of public health threat and with the Emergency Medical Services Advisory Board and regional emergency medical services councils upon request, in order to protect the health and safety of emergency medical services personnel and the public.
Habitual offenders; repeal. Repeals the remaining provisions of the Habitual Offender Act. The bill also requires that the Commissioner of the Department of Motor Vehicles reinstate a person's privilege to drive a motor vehicle that was suspended or revoked solely on the basis that such person was determined to be or adjudicated a habitual offender pursuant to the Habitual Offender Act. The bill also authorizes the Virginia Alcohol and Safety Action Program (VASAP) to continue to administer intervention for individuals who were ordered to attend an intervention interview on or before June 30, 2021.
Broadband services; education. Authorizesschool boards to appropriate funds for the purposes of promoting,facilitating, and encouraging the expansion and operation of broadbandservices for educational purposes. The bill authorizes school boardsto partner with private broadband service providers to promote, implement,and subsidize broadband for educational purposes to the householdsof students who would qualify for (i) a child nutrition program or(ii) any other program recognized or adopted by the local schoolboard as a measuring standard to identify at-risk students.
Traffic regulation; bicycles. Permits operators of bicycles to treat a stop sign as a yield sign in certain situations. The bill requires the driver of a motor vehicle to change lanes when overtaking a bicycle or certain other vehicles when the lane of travel is not wide enough for the overtaking motor vehicle to pass at least three feet to the left of the overtaken vehicle. The bill also removes the limitations on riding bicycles and certain other vehicles two abreast.