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.
Minimum wage; farm workers. Eliminates the exemptions to Virginia's minimum wage requirements for persons employed as a farm laborer or farm employee. This bill was incorporated into HB 395.
Department of Motor Vehicles; issuance of certain documents; citizenship requirement. Removes the citizenship and legal presence requirements for obtaining a driver's license or special identification card. The bill requires the Department of Motor Vehicles to cancel any (i) REAL ID-compliant driver's license or special identification card and (ii) commercial driver's license or commercial learner's permit if the Department is notified by a federal agency that the individual to whom such document was issued is not in compliance with the citizenship and lawful residency requirements for such license, card, or permit. The bill has a delayed effective date of October 2, 2020, and contains technical amendments. This bill was incorporated into SB 34.
Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of every five cents collected. This bill was incorporated into SB 11.
Employment; wage inquiries; prohibited retaliatory action. Prohibits any public or private employer from (i) refusing to interview, hire, or employ an applicant for employment because the applicant does not provide wage history; (ii) retaliating against an applicant for employment because the applicant does not provide wage history; or (iii) relying on the wage history of an applicant to determine the wages offered by the employer to such individual. An applicant or employee who is aggrieved by a violation may bring a private action against the employer. The measure also prohibits an employer from taking other retaliatory action against an employee because the employee (a) reports a violation or suspected violation of any law to a supervisor or to any governmental body or law-enforcement official; (b) is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; (c) refuses to engage in a criminal act that would subject the employee to criminal liability; (d) refuses an employer's order to perform an action that the employee believes violates any law; (e) provides information to or testifies before any governmental body or law-enforcement official conducting an investigation into any alleged violation by the employer; or (f) makes a prohibited wage inquiry. This bill was incorporated into HB 416.
Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity. 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 SB 868.
Virginia Personnel Act; hiring preference instate government for persons with disabilities. Establishes ahiring preference in state government for persons with disabilities,provided that such person meets all of the knowledge, skill, andability requirements for the available position and such person'sdisability is unrelated to his qualifications for and ability toperform the duties of the available position. The bill defines "personwith a disability" as any person who has a physical or mental impairmentthat substantially limits one or more of his major life activities or who has a record of such impairment.
Voter referendum; issuance of state generalobligation bonds for school facility modernization. Providesfor a statewide referendum on the question of whether the GeneralAssembly shall issue state general obligation bonds in the amountof $3 billion for the purpose of K-12 school building construction,repair, or other capital projects related to the modernization ofschool facilities. The results would be advisory only and are intendedonly to demonstrate the preference of the citizens of the Commonwealthon the issuance of such bonds. The referendum would be held at theNovember 2020 general election.
Expungement of police and court records; acquittals.Provides that a court that enters a judgment acquitting a personof a criminal charge shall also enter an order requiring the expungement of the police and court records relating to the charge. Currently,such a person may file a separate petition for the expungement ofsuch records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.
Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations or civil violations by a juvenile, and the driver's license suspension provisions apply only to criminal violations. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit. This bill was incorporated into SB 2.
