Sen. Joe Morrissey

Assault and battery; persons diagnosed withautism spectrum disorder, intellectual disability, or mental illness;penalties. Provides that any person charged with a simple assaultand battery offense who has been diagnosed by a psychiatrist or clinicalpsychologist with an autism spectrum disorder, an intellectual disability,or mental illness and the violation was caused by or had a directand substantial relationship to the person's disorder or disabilityis guilty of a Class 1 misdemeanor and shall not be subject to mandatoryminimum punishment. Under current law, certain simple assault and battery offenses carry a mandatory minimum punishment when such offensesare committed against certain groups of people.

Constitutional amendment (voter referendum);qualifications of voters and the right to vote; persons not entitledto vote. Provides for a referendum at the November 8, 2022, generalelection to approve or reject an amendment that would provide forthe fundamental right to vote in the Commonwealth, revise the qualificationsof voters so that a person convicted of a felony is not entitledto vote during his period of incarceration but is automatically investedwith the right to vote upon release from incarceration, and updatethe existing prohibition on voting by persons found to be mentallyincompetent to instead apply to persons who have been found to lackthe capacity to understand the act of voting.

Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I; retroactive and prospective effect. Provides that the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, shall be given retroactive and prospective effect. The bill also provides that its provisions shall not create any cause of action for damages against the Commonwealth or any of its political subdivisions, nor shall it form the basis for relief in any habeas corpus proceeding or appellate proceeding.

Sentencing proceeding by jury after conviction; relevant mitigating evidence. Provides that relevant evidence that may be admissible by the defendant during the sentencing phase by a jury may include the circumstances surrounding the offense, the history and background of the defendant, and any other facts in mitigation of the offense. The bill also provides various examples of facts in mitigation of the offense. The bill also provides that any relevant evidence and facts in mitigation that may be considered by a jury when ascertainment of punishment by jury has been requested by the accused also may be considered by the court when the court fixes punishment.

Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending. Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

Arrest and prosecution when experiencing orreporting overdoses. Clarifies that the immunity afforded tothe seeking of emergency help for an overdose also applies to a showcause, a probation revocation, or a parole violation.

Expungement of offenses civil penalty. Provides for the automatic sealing of misdemeanor marijuana offensesand the petition-based sealing for certain felony marijuana offenses.The bill requires a business screening service, defined in the bill,to destroy all expunged records, as defined in the bill, and to followreasonable procedures to ensure that it does not maintain or sellexpunged records. The bill also provides that any petition for expungementshall be kept under seal and that an indigent person may file a petitionfor expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing FeeFund. The bill has staggered delayed effective dates in order todevelop systems for implementing the sealing provisions of the bill.

Juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but less than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency matters to circuit courts, and criminal procedure as currently applies to juveniles only. The bill differentiates between juveniles and underage persons in specific circumstances, including consent for medical or mental health records or procedures, mental health screenings in secure detention facilities, and provisions regarding release on bail or recognizance. The bill has a delayed effective date of January 1, 2024, and provides that the provisions of the bill shall apply prospectively and only to conduct or an offense that occurs on or after January 1, 2024. The provisions of the bill are contingent on funding in a general appropriation act.

Oversight of research breeders; Animal WelfareOversight Officer; Animal Welfare Oversight Advisory Committee; civilpenalty. Directs the State Veterinarian to hire an Animal WelfareOversight Officer to inspect and oversee the operations of researchbreeders, defined in the bill as a person or entity that breeds dogsor cats for sale or transfer for use in testing or research withinor outside the Commonwealth, and report any violations of state orfederal law by the research breeder. The bill requires each researchbreeder to register with the Animal Welfare Oversight Officer, paya registration fee as determined by the Commissioner of Agricultureand Consumer Services, and allow the Animal Welfare Oversight Officer continuous access to its facilities located in the Commonwealth.The bill subjects a research breeder that does not register, paythe fee, or allow the Animal Welfare Oversight Officer access toits facilities to a civil penalty of $1,000 for each day of noncompliance.The bill also establishes an Animal Welfare Oversight Advisory Committee.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.