Corrections Private Management Act; name change;private management prohibited. Removes the authority of the Directorof the Department of Corrections, pursuant to the Corrections PrivateManagement Act (the Act), to enter into contracts with prison contractorsfor the operation of prison facilities, including management, custodyof inmates, and provision of security. The bill does not affect theDirector's authority pursuant to the Act, renamed by the bill as theCorrections Private Services Act, to enter into private contractsfor other correctional services, including those related to food service, medical care, transportation, sanitation, information systems, education and training programs, recreational or religious activities, financing, construction, or maintenance. The bill has a delayed effectivedate of July 1, 2024, except for a requirement that the Departmentimplement a compliance plan for all prisons by that date.
Sponsored bills
Constitutional amendment (first resolution);marriage. Proposes the repeal of the constitutional amendmentdealing with marriage that was approved by referendum at the November2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits theCommonwealth and its political subdivisions from creating or recognizing"a legal status for relationships of unmarried individuals that intendsto approximate the design, qualities, significance, or effects ofmarriage"; and (iii) prohibits the Commonwealth or its politicalsubdivisions from creating or recognizing "another union, partnership,or other legal status to which is assigned the rights, benefits,obligations, qualities, or effects of marriage." The provisions ofthis section of the Constitution of Virginia are no longer validas a result of the United States Supreme Court decision in Obergefellv. Hodges, 576 U.S. ___ (June 26, 2015).
Possessing or transporting a weapon withinCapitol Square; penalty. Makes it a Class 1 misdemeanor for a person to possess or transport any (i) gun or other weapon designedor intended to propel a missile or projectile of any kind; (ii) frame,receiver, muffler, silencer, missile, projectile, or ammunition designedfor use with a dangerous weapon; or (iii) other dangerous weapon within Capitol Square, which includes the state-owned buildingsthat border its boundary streets. A dangerous weapon includes a bowieknife, switchblade knife, ballistic knife, machete, razor, slingshot,spring stick, fighting chain, throwing star, and oriental dart orany weapon of like kind. The bill provides exceptions for law-enforcementofficers, conservators of the peace, magistrates, court officers,judges, county or city treasurers, commissioners or deputy commissionersof the Virginia Workers' Compensation Commission, authorized securitypersonnel, and active military personnel while in the conduct ofsuch individuals' official duties. The bill requires that noticeof the provisions prohibiting the possessing or transporting of suchweapons be posted at each public entrance to Capitol Square. Thebill provides that any weapon or item possessed or transported inviolation of these provisions is subject to seizure by a law-enforcementofficer and forfeiture to the Commonwealth.
Constitutional amendment (first resolution);Governor's term of office. Permits a Governor elected in 2025and thereafter to succeed himself in office. The amendment allowstwo four-year terms (either in succession or not in succession) butprohibits election to a third term. Service for more than two yearsof a partial term counts as service for one term.
Dating relationship abuse; penalty. Expandsthe crime of assault and battery against a family or household memberto include persons in a dating relationship, as defined in the bill. The bill also expands the class of persons who are eligible to obtaina protective order in cases of family abuse to include persons who are in a dating relationship and who have been subjected to datingrelationship abuse, also defined in the bill.
Constitutional amendment (first resolution);uniform schedule of elections for members of the General Assemblyand statewide offices. Provides for a uniform schedule for generalelections of Governor, Lieutenant Governor, Attorney General, andGeneral Assembly members that coincides with federal elections heldin November of even-numbered years. The amendment requires the GeneralAssembly to provide by law for the transition to the uniform schedule,and provides that members of the Senate elected in 2023 will servea term of five years, members of the House of Delegates elected in 2025 will serve a term of three years, and the Governor, and by referencethe Lieutenant Governor and Attorney General, elected in 2025 willserve a term of three years.
Voter registration; automatic voter registration.Provides for the automatic electronic transmission by the Department of MotorVehicles to the Department of Elections of certain information for anyindividual who (i) is not registered to vote; (ii) is of sufficient age toregister to vote; (iii) conducts a transaction with the Department of MotorVehicles to apply for a new driver's license or special identification card orreplace, renew, or update an existing driver's license or specialidentification card; and (iv) in the course of such transaction providesdocumentation demonstrating United States citizenship or answers affirmativelywhen asked if he is a United States citizen. Any such individual is given aprinted registration notice that (a) states that the individual will beregistered to vote based on the information provided and that the individualshould decline registration if he does not meet eligibility requirements, (b)explains the eligibility requirements, and (c) provides instructions for how hemay decline registration. The Department of Elections is required to transmitthe information to the appropriate general registrar, along with anyinformation indicating ineligibility. The Department of Elections is requiredto establish security requirements for transmission of information aboutpotential registered voters and to report certain information regarding voterregistration. The bill removes the requirement that the Department of MotorVehicles offer, accept, receive, and send voter registration applications.
Carrying weapon into building owned or leasedby the Commonwealth; penalty. Makes it a Class 1 misdemeanorfor a person to transport any (i) gun or other weapon designed orintended to propel a missile or projectile of any kind; (ii) frame,receiver, muffler, silencer, missile, projectile, or ammunitiondesigned for use with a dangerous weapon; or (iii) other dangerousweapon into a building owned or leased by the Commonwealth or anyagency thereof, where employees of the Commonwealth or agency thereofare regularly present for the purpose of performing their officialduties. The bill provides exceptions for law-enforcement officers, conservators of the peace, magistrates, court officers, judges, cityor county treasurers, commissioners or deputy commissioners of theVirginia Workers' Compensation Commission, authorized security personnel,and active military personnel while in the conduct of such individuals'official duties. The bill requires that notice of the provisionsprohibiting the carrying of such weapons be posted at each publicentrance to all buildings owned or leased by the Commonwealth orany agency thereof.
Constitutional amendment (first resolution); qualifications of voters; automatic restoration of civil rights. Provides for the automatic restoration of civil rights for persons convicted of felonies upon completion of their sentences. The present Constitution provides for restoration of rights by the Governor, and the amendment retains this right.
Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. 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 any violation of simple possession of marijuana shall be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. However, the bill states that if a violation occurs while an individual is operating a commercial motor vehicle, such violation shall be reported to the Department of Motor Vehicles and shall be included on such individual's driving record. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that if requested by either party on appeal to the circuit court, trial by jury shall be provided and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense who is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 30, 2020. This bill incorporates SB 815 and is identical to HB 972.