Sen. Joe Morrissey

Celebrating the life of Gilbert K. Davis.

Celebrating the life of Zia Hasan Hashmi, Ph.D.

Commending the Maggie L. Walker Statue and Plaza.

Commending Virginia Housing.

James River watershed; timeline for compliance with regulations of certain combined sewer overflow outfalls. Advances the timeline from 2035 to 2030 for work on construction related to any consent special order issued by the State Water Control Board (the Board) for certain combined sewer overflow (CSO) systems east of Charlottesville that discharge into the James River. The bill requires annual reporting about the impact of CSO system funding on ratepayers, particularly economically disadvantaged ratepayers. The bill also requires the Board to extend the compliance deadline if it determines that the CSO system operator has not secured grant funding in an amount sufficient to meet the deadline without an adverse impact on ratepayers, particularly economically disadvantaged ratepayers.

Preliminary analysis of breath to determinealcoholic content of blood; failure to advise person of rights.Provides that if a police officer or a member of any sheriff's department fails to advise a person of his rights to refuse a preliminary breathtest, any preliminary breath test sample shall not be admissiblefor the purpose of determining probable cause or used in evidenceat any hearing or trial.

Study; staffing levels, employment conditions,and compensation at Virginia Department of Corrections; report.Continues the joint committee of the House Committee on Health, Welfareand Institutions; the House Committee on Public Safety; the SenateCommittee on the Judiciary; and the Senate Committee on Rehabilitationand Social Services established by House Joint Resolution No. 29 (2020)and continued by House Joint Resolution 522 (2021, Special SessionI) to study staffing levels, employment conditions, and compensationat the Virginia Department of Corrections. The resolution directsthe joint committee to conclude its work by November 30, 2022, andto report its findings and recommendations no later than the first day of the 2023 Regular Session of the General Assembly.

Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person servinga sentence for any conviction or a combination of any convictionswho remains incarcerated in a state or local correctional facilityand meets certain criteria to petition the circuit court that enteredthe original judgment or order to (i) suspend the unserved portionof such sentence or run the unserved portion of such sentence concurrentlywith another sentence, (ii) place such person on probation for suchtime as the court shall determine, or (iii) otherwise modify the sentenceimposed.

Sealing of offenses resulting in a deferredand dismissed disposition or conviction by petition; defendant witha disorder or disability. Provides that a defendant with a disorderor disability, as defined in the bill, may file a petition that requeststhe sealing of the criminal history record information and courtrecords of a Class 4 felony conviction or deferred and dismisseddisposition. Under current law, Class 4 felony convictions or deferredand dismissed dispositions are ineligible to be sealed.

Sealing of offenses resulting in a deferredand dismissed disposition or conviction. Provides that a personshall not pay any fees or costs for filing a sealing criminalrecords petition. Under current law, a person is required to filean indigence petition for any fees or costs to be waived. The billalso eliminates the lifetime cap on the number of sealing petitionsthat may be filed. The bill reduces from seven years to three yearsfor a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense tobe sealed and the filing of the sealing petition during which thepetitioner must not have been convicted of violating any law of theCommonwealth. The bill also adds convictions for (i) failure to paychild support, (ii) driving without a license, (iii) driving witha suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automaticsealing. The bill also specifies that the sealing of records relatedto a conviction includes sealing any criminal history record informationand court records related to any violation of the terms and conditionsof a suspended sentence or probation for such conviction.