Sen. Joe Morrissey

Virginia High Speed Chase Alert Program.Creates a program for local, regional, or statewide notificationof a high speed chase, defined in the bill as an active attempt byan on-duty law-enforcement officer while driving a conspicuouslymarked law-enforcement vehicle to apprehend or stop another movingmotor vehicle and the driver of such other vehicle is resisting apprehensionby maintaining or increasing his speed or by ignoring the law-enforcementofficer's attempt to stop such vehicle, and the ongoing pursuit posesa credible threat to the health and safety of other motor vehicleoperators or the general public and under such other circumstancesas deemed appropriate by the Virginia State Police.

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.

Expungement of police and court records; pardons. Allows a person to petition for the expungement of the police andcourt records relating to such person's conviction if he has beengranted a simple pardon for the crime. Under current law, policeand court records relating to convictions are only expunged if aperson received an absolute pardon for a crime he did not commit.

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 proceeding by the jury after conviction;recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.

Application of parole statutes. Repealsthe abolition of parole. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parolefor persons who were previously ineligible for parole, because parolewas abolished, to allow for an extension of time for reasonable cause.

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.

Constitutional amendment (first resolution);political reform. Prohibits the establishment of electoral districtsthat intentionally or unduly favor or disfavor any political partyand requires the General Assembly to regulate the role of money inelections and governance to ensure transparency, to prevent corruption,and to protect against the buying of access to or influence overelected officials.

Expungement of police and court records.Allows a person convicted of certain offenses, or charged with such offenses which charges were deferred and dismissed, who was under21 years of age at the time of the offense, and who has successfullycompleted all terms of probation to file a petition for expungementafter at least seven years have passed since (i) the date of dismissalof the charge; (ii) the date of conviction, if no active sentenceof incarceration was imposed; or (iii) the date of completion ofan active sentence of incarceration, if an active term of incarcerationwas imposed as a result of the conviction. Any conviction that isexpunged will be considered a prior conviction for purposes of prosecutionof any subsequent offense for which the prior conviction statutorilyenhances punishment. Convictions for violent felony offenses andoffenses for which registration with the Sex Offender and CrimesAgainst Minors Registry is required are not eligible for expungementunder the bill.

Constitutional amendment (voter referendum); personal property tax exemption; motor vehicle owned by a veteran who is disabled. Provides for a referendum at the November 3, 2020, election to approve or reject a personal property tax exemption for a motor vehicle that is owned and used primarily by or for a veteran of the Armed Forces of the United States or the Virginia National Guard who has a 100 percent service-connected, permanent, and total disability.