2024 - Post Incarceration Bills

HB 1269 Barrier crimes; adult substance abuse and mental health services; exception.
Introduced by: Marcia S. "Cia" Price [D]
Creates an exception to the barrier crime rules for employment at an adult substance abuse or mental health treatment program that permits persons convicted of certain offenses to be eligible for employment if such conviction occurred more than three years prior to the date of their application for employment.

01/25/24 House: Subcommittee recommends reporting (8-Y 0-N)
01/30/24 House: Reported from Health and Human Services with substitute (22-Y 0-N)
02/02/24 House: Committee substitute rejected 24106182D-H1
02/05/24 House: VOTE: (96-Y 1-N)
02/06/24 Senate: Referred to Committee on Rehabilitation and Social Services

02/05/24 House: VOTE: (96-Y 1-N)
02/06/24 Senate: Referred to Committee on Rehabilitation and Social Services
02/16/24 Senate: Reported from Rehabilitation and Social Services with substitute (10-Y 3-N)

02/20/24 Senate: Engrossed by Senate - committee substitute HB1269S1
02/20/24 Senate: Passed Senate with substitute (30-Y 10-N)

02/22/24 House: Senate substitute rejected by House 24107793D-S1 (1-Y 98-N)

02/26/24 Senate: Senate insisted on amendment (40-Y 0-N)
02/26/24 Senate: Senate requested conference committee
02/27/24 House: House acceded to request
02/28/24 House: Conferees appointed by House
02/28/24 House: Delegates: Price, Tran, Cherry
02/29/24 Senate: Conferees appointed by Senate
02/29/24 Senate: Senators: Pillion, Perry, Carroll Foy
03/07/24 Conference: Amended by conference committee
03/07/24 House: Conference substitute printed 24109030D-H2
03/07/24 House: Conference report agreed to by House (93-Y 3-N)
03/07/24 House: VOTE: Adoption (93-Y 3-N)

03/08/24 Senate: Conference report agreed to by Senate (34-Y 6-N)

04/08/24 Governor: Approved by Governor-Chapter 651 (effective 7/1/24)

Bill text here.

HB 1330 Absentee voting; persons confined awaiting trial or for conviction of a misdemeanor.
Introduced by: Jeion A. Ward [D]
Provides that any registered voter who is confined while awaiting trial or for having been convicted of a misdemeanor may vote by absentee ballot and requires the institution or facility in which such voter is confined to (i) provide the means and opportunity for such voter to complete and submit a timely application for an absentee ballot and to properly mark his absentee ballot and (ii) ensure such voter's marked absentee ballot is returned in accordance with law.
01/11/24 House: Presented and ordered printed 24100964D
01/11/24 House: Referred to Committee on Privileges and Elections
02/09/24 House: Reported from Privileges and Elections with amendment(s) (16-Y 6-N)
02/12/24 House: Committee amendments agreed to
02/13/24 House: Read third time and passed House (78-Y 21-N)
02/13/24 House: VOTE: Passage (78-Y 21-N)
02/14/24 Senate: Referred to Committee on Privileges and Elections
02/20/24 Senate: Reported from Privileges and Elections (10-Y 5-N)
02/23/24 Senate: Passed Senate (29-Y 9-N)
02/28/24 House: Bill text as passed House and Senate (HB1330ER)
02/28/24 House: Signed by Speaker
03/02/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024

04/05/24 Governor: Approved by Governor-Chapter 553 (effective 7/1/24)

Bill here.

SB 6 Issuance of restricted driver's license for multiple convictions of driving while intoxicated.
Introduced by: Bryce E. Reeves [R]
Issuance of restricted driver's license for multiple convictions of driving while intoxicated; completion of specialty dockets. Provides that a person whose driver's license has been revoked for multiple convictions of driving while intoxicated may file a petition for the issuance of a restricted driver's license without having to wait for the expiration of three years from the date of his last conviction when such person's last conviction resulted from a final order being entered by a court after the successful completion of a Veterans Treatment Court Program, behavioral health docket, or other specialty docket.

01/18/24 Senate: Reported from Transportation (15-Y 0-N)
01/24/24 Senate: Read third time and passed Senate (40-Y 0-N)
02/13/24 House: Referred to Committee on Transportation
02/14/24 House: Assigned Transportation sub: Highway Safety and Policy

02/20/24 House: Subcommittee recommends reporting (8-Y 0-N)

02/22/24 House: Reported from Transportation (20-Y 2-N)
02/27/24 House: Amendment by Delegate Fowler agreed to
02/27/24 House: Engrossed by House as amended
02/27/24 House: Passed House with amendment (90-Y 5-N)
02/27/24 House: VOTE: Passage (90-Y 5-N)
02/29/24 Senate: House amendment agreed to by Senate (39-Y 0-N)
03/05/24 Senate: Enrolled
03/05/24 Senate: Bill text as passed Senate and House (SB6ER)
03/05/24 House: Signed by Speaker
03/07/24 Senate: Signed by President

04/05/24 Governor: Approved by Governor-Chapter 568 (effective 7/1/24)

Bill text here.

VETOED

HB 2 Assault firearms & certain ammunition, etc.; purchase, possession, sale, transfer, etc., prohibited.
Introduced by: Dan I. Helmer [D]
Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, or transfers an assault firearm, as that term is defined in the bill, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2024. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also makes it a Class 1 misdemeanor for any person younger than 21 years of age to import, sell, manufacture, purchase, possess, transport, or transfer an assault firearm regardless of the date of manufacture of such assault firearm. This bill is identical to SB 2.
01/18/24 House: Subcommittee recommends reporting (6-Y 4-N)
01/18/24 House: Subcommittee recommends referring to Committee on Appropriations
01/19/24 House: Reported from Public Safety (11-Y 9-N)
01/19/24 House: Referred to Committee on Appropriations

01/21/24 House: Assigned App. sub: Transportation & Public Safety

01/24/24 House: Subcommittee recommends reporting with substitute (5-Y 3-N)

02/01/24 House: Committee substitute agreed to 24105958D-H1
02/01/24 House: Engrossed by House - committee substitute HB2
02/05/24 Senate: Referred to Committee for Courts of Justice

02/19/24 Senate: Reported from Courts of Justice with substitute (8-Y 4-N)
02/19/24 Senate: Rereferred to Finance and Appropriations

02/19/24 Senate: Committee substitute printed 24107889D-S1
02/19/24 Senate: Rereferred to Finance and Appropriations
02/27/24 Senate: Constitutional reading dispensed (39-Y 0-N)
02/27/24 Senate: Reported from Finance and Appropriations (10-Y 5-N)
02/28/24 Senate: Committee substitute agreed to 24107889D-S1
02/28/24 Senate: Engrossed by Senate - committee substitute HB2S1
02/28/24 Senate: Passed Senate with substitute (20-Y 19-N)
03/01/24 House: Senate substitute agreed to by House 24107889D-S1 (50-Y 47-N)
03/01/24 House: VOTE: Adoption (50-Y 47-N)
03/07/24 House: Bill text as passed House and Senate (HB2ER)

03/08/24 Senate: Signed by President

03/26/24 Governor: Vetoed by Governor

Bill text.

HB 457 Decreasing probation period; criteria for mandatory reduction.
Introduced by: Katrina Callsen [D]

Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing qualifying educational activities, maintaining verifiable employment, and complying with or completing any state-certified or state-approved state-certified or state-approved mental health or substance abuse treatment program. The bill also provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and in the interests of justice and may do so without a hearing.
01/08/24 House: Referred to Committee for Courts of Justice

01/31/24 House: Subcommittee recommends reporting with substitute (7-Y 1-N)
01/31/24 House: Subcommittee recommends referring to Committee on Appropriations

02/05/24 House: Assigned App. sub: Transportation & Public Safety
02/07/24 House: Subcommittee recommends reporting (5-Y 3-N)
02/07/24 House: Reported from Appropriations (13-Y 9-N)

02/12/24 House: Committee substitute agreed to 24106826D-H1
02/13/24 House: Read third time and passed House (54-Y 45-N)
02/13/24 House: VOTE: Passage (54-Y 45-N)
02/14/24 Senate: Referred to Committee for Courts of Justice

02/21/24 Senate: Rereferred from Courts of Justice (9-Y 0-N)
02/21/24 Senate: Rereferred to Rehabilitation and Social Services

02/23/24 Senate: Reported from Rehabilitation and Social Services (15-Y 0-N)
02/23/24 Senate: Rereferred to Finance and Appropriations

02/23/24 Senate: Rereferred to Finance and Appropriations
02/28/24 Senate: Reported from Finance and Appropriations with substitute (10-Y 5-N)
03/04/24 Senate: Committee substitute agreed to 24108464D-S1
03/04/24 Senate: Engrossed by Senate - committee substitute HB457S1
03/04/24 Senate: Passed Senate with substitute (21-Y 18-N)
03/05/24 House: Senate substitute rejected by House 24108464D-S1 (1-Y 97-N)
03/05/24 House: VOTE: REJECTED (1-Y 97-N)
03/06/24 Senate: Senate insisted on substitute (40-Y 0-N)
03/06/24 Senate: Senate requested conference committee
03/07/24 House: House acceded to request
03/07/24 House: Conferees appointed by House
03/07/24 House: Delegates: Callsen, Delaney, Earley
03/07/24 Senate: Conferees appointed by Senate
03/07/24 Senate: Senators: Deeds, Perry, McDougle

03/08/24 Conference: Amended by conference committee
03/08/24 Senate: Conference report agreed to by Senate (23-Y 17-N)
03/08/24 House: Conference report agreed to by House (53-Y 43-N)
03/08/24 House: VOTE: Adoption (53-Y 43-N)

03/27/24 Governor: Vetoed by Governor

Bill text here.

HB 803 Expungement of juvenile court records.
Introduced by: Sam Rasoul [D]

Provides that if a juvenile was adjudicated delinquent of a delinquent act that would be a felony if committed by an adult, other than murder, kidnapping, robbery, or rape, and such juvenile was 14 years of age or older at the time of the offense, the court records shall be destroyed when the juvenile has attained the age of 29. The bill provides that if a juvenile was adjudicated delinquent of murder, kidnapping, robbery, or rape and such juvenile was 14 years of age or older at the time of the offense, the court records shall be retained. Under current law, the court records shall be retained in all instances when a juvenile was found guilty of a delinquent act that would be a felony if committed by an adult. The bill directs the clerk of the juvenile and domestic relations district court to expunge all records by July 1, 2027.

01/09/24 House: Referred to Committee for Courts of Justice

01/26/24 House: Assigned Courts sub: Criminal

01/29/24 House: Subcommittee recommends reporting with amendments (5-Y 3-N)
01/29/24 House: Subcommittee recommends referring to Committee on Appropriations

02/07/24 House: Subcommittee recommends reporting (5-Y 3-N)
02/07/24 House: Reported from Appropriations (13-Y 9-N)
02/12/24 House: Committee amendment agreed to
02/13/24 House: VOTE: Passage (53-Y 46-N)
02/14/24 Senate: Referred to Committee for Courts of Justice

02/21/24 Senate: Reported from Courts of Justice with substitute (10-Y 5-N)
02/21/24 Senate: Rereferred to Finance and Appropriations
02/28/24 Senate: Reported from Finance and Appropriations with substitute (10-Y 5-N)
03/04/24 Senate: Committee substitute rejected 24108078D-S1
03/05/24 Senate: Committee substitute from Courts of Justice rejected 24108078D-S1
03/05/24 Senate: Committee substitute from Finance and Appropriations rejected 24108333D-S2
03/05/24 Senate: Reading of substitute waived
03/05/24 Senate: Substitute by Senator Surovell agreed to 24108697D-S3
03/05/24 Senate: Engrossed by Senate - floor substitute HB803S3
03/05/24 Senate: Passed Senate with substitute (21-Y 19-N)
03/06/24 House: Senate substitute agreed to by House 24108697D-S3 (53-Y 46-N)
03/06/24 House: VOTE: Adoption (53-Y 46-N

04/08/24 Governor: Vetoed by Governor

Bill text here.

HB 838 Expungement of police and court records.
Introduced by: Patrick A. Hope [D]

Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means a dismissal by the court under any circumstances and in any manner, excluding an acquittal by reason of insanity or any charge that is deferred and dismissed after a finding of facts sufficient to justify a finding of guilt. The bill specifies that the term "otherwise dismissed" also includes those circumstances when an initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute manifest injustice, including any hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner. The bill also provides that when an initial charge has been reduced or amended to another offense for which reporting to the Central Criminal Records Exchange (CCRE) is still required pursuant to relevant law and an order of expungement is granted for the initial charge, the CCRE shall amend the original arrest but maintain the fingerprints collected from the original arrest.

01/09/24 House: Referred to Committee for Courts of Justice

01/26/24 House: Assigned Courts sub: Criminal

01/29/24 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
02/07/24 House: Committee substitute agreed to 24106578D-H1
02/08/24 House: VOTE: Passage (55-Y 42-N)

02/09/24 Senate: Referred to Committee for Courts of Justice

02/19/24 Senate: Reported from Courts of Justice with substitute (8-Y 5-N)

2/28/24 Senate: Reported from Finance and Appropriations with amendment (10-Y 5-N)
03/06/24 Senate: Committee substitute agreed to 24107891D-S1
03/06/24 Senate: Committee amendment rejected
03/06/24 Senate: Reading of amendment waived
03/06/24 Senate: Amendment by Senator Surovell agreed to
03/06/24 Senate: Engrossed by Senate - committee substitute with amendment HB838S1
03/06/24 Senate: Passed Senate with substitute with amendment (23-Y 17-N)
03/07/24 House: Senate substitute with amendment agreed to by House 24107891D-S1 (49-Y 47-N)
03/07/24 House: VOTE: Adoption (49-Y 47-N)

04/08/24 Governor: Vetoed by Governor

Bill text here.

SB 642 Firearms; purchase, etc., following an assault and battery of a family or household member, etc.
Introduced by: Russet Perry [D]
Adds to the existing definition of "family or household member" a person's intimate partner, defined in the bill as an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person. The bill also provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against an intimate partner or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. The bill incorporates SB 319. This bill is identical to HB 362.
01/11/24 Senate: Presented and ordered printed 24105186D
01/11/24 Senate: Referred to Committee for Courts of Justice
02/05/24 Senate: Reported from Courts of Justice with substitute (9-Y 6-N)
02/05/24 Senate: Rereferred to Finance and Appropriations
02/09/24 Senate: Committee substitute agreed to 24107066D-S1
02/09/24 Senate: Engrossed by Senate - committee substitute SB642S1

02/09/24 Senate: Engrossed by Senate - committee substitute SB642S1
02/12/24 Senate: Read third time and passed Senate (21-Y 19-N)
02/15/24 House: Referred to Committee on Public Safety
02/16/24 House: Reported from Public Safety (12-Y 10-N)
02/16/24 House: Referred to Committee for Courts of Justice
02/16/24 House: Reported from Courts of Justice with substitute (12-Y 10-N)

02/21/24 House: Committee substitute agreed to 24107834D-H1
02/21/24 House: Engrossed by House - committee substitute SB642H1
02/21/24 House: Passed House with substitute (52-Y 47-N 1-A)
02/21/24 House: VOTE: Passage (52-Y 47-N 1-A)
02/23/24 Senate: House substitute agreed to by Senate (21-Y 17-N)
02/23/24 Senate: Title replaced 24107834D-H1
02/28/24 Senate: Bill text as passed Senate and House (SB642ER)
02/28/24 House: Signed by Speaker
03/02/24 Senate: Signed by President

03/26/24 Governor: Vetoed by Governor

Bill here:

FAILED

HB 260 Police and court records; expungement of records. FAILED
Introduced by: Patrick A. Hope [D]

Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means to render a legal action out of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies that the term "otherwise dismissed" also includes those circumstances when a person is charged with the commission of a crime, a civil offense, or any offense defined in relevant law and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge.

01/05/24 House: Referred to Committee for Courts of Justice
01/15/24 House: Stricken from docket by Courts of Justice (22-Y 0-N)

Bill text here.

HB 849 Limitation on sentence upon revocation of suspension of sentence; technical violations; penalty. - FAILED
Introduced by: Will Davis [R]

Provides that a court may impose not more than 30 days of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation and may impose not more than 90 days of active incarceration for a second technical violation. Under current law, the court is prohibited from imposing active incarceration for a first technical violation and there is a presumption against imposing a sentence of a term of active incarceration; however, if the court finds, by a preponderance of the evidence, that the defendant committed the violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration.

01/09/24 House: Referred to Committee for Courts of Justice

01/31/24 House: Subcommittee recommends laying on the table (6-Y 2-N)

Bill text here.

HB 1026 Sex offenses prohibiting working on school property; penalty.
Introduced by: Tony O. Wilt [R]

Adds certain offenses involving children, including kidnapping, trafficking, sex crimes, and prostitution and commercial sex crimes, to the list of offenses that would prohibit an adult if convicted of such offense from working or engaging in any volunteer activity on property he knows or has reason to know is a public or private elementary or secondary school or child day center. A violation of any such offense is a Class 6 felony.

01/10/24 House: Referred to Committee for Courts of Justice

02/13/24 House: Left in Courts of Justice

Bill text here.

CONTINUED TO 2025

HB 1316 Virginia State Crime Commission; benefits of violence interrupters; impact of barrier crime.
Introduced by: Jeion A. Ward [D]
Virginia State Crime Commission; benefits of violence interrupters; impact of barrier crime statutes; report. Directs the Virginia State Crime Commission, in consultation with stakeholders, to assess (i) the benefits of violence interrupters and (ii) the impact barrier crimes statutes have on the recruitment and retention rates of violence interrupters in the Commonwealth. The bill requires the Crime Commission to report its findings and any recommendations to the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by November 1, 2024.

01/10/24 House: Referred to Committee on Rules
01/25/24 House: Assigned Rules sub: Studies Subcommittee

01/29/24 House: Subcommittee recommends continuing to 2025 by voice vote
02/01/24 House: Continued to 2025 in Rules by voice vote

Bill text here.

HJ 2 Constitutional amendment; qualifications of voters, right to vote, persons not entitled to vote.
Introduced by: Elizabeth B. Bennett-Parker [D]

Provides that every person who meets the qualifications of voters set forth in the Constitution of Virginia 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 of Virginia provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

11/20/23 House: Referred to Committee on Privileges and Elections

02/09/24 House: Continued to 2025 in Privileges and Elections by voice vote

Bill text here.

SB 482 Expungement and sealing of juvenile court records.
Introduced by: Lashrecse D. Aird [D]
Expungement and sealing of juvenile court records. Provides for the sealing of juvenile court records in those instances where a juvenile was found guilty of a delinquent act that would be a felony if committed by an adult and such juvenile has attained the age of 18 years and three years have elapsed since the date of the last hearing in the case of such juvenile. Under current law, such records are open to the public. The bill also provides that any juvenile court records that may be expunged shall be expunged when the juvenile who is the subject of the records has attained the age of 18 years and three years have elapsed since the date of the last hearing in the case of such juvenile. Under current law, such juvenile shall have attained the age of 19 years and five years shall have elapsed since the date of the last hearing in the case of such juvenile.
01/09/24 Senate: Referred to Committee for Courts of Justice

02/05/24 Senate: Continued to 2025 in Courts of Justice (15-Y 0-N)

Bill text here.

SJ 2 Constitutional amendment; qualifications of voters, right to vote, persons not entitled to vote.
Introduced by: Mamie E. Locke [D]

01/16/24 Senate: Continued to 2025 in Privileges and Elections (14-Y 0-N)

Bill text here.