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2023 - POST INCARCERATION

HB 1924 Minimum wage; employees with disabilities. PASSED
Introduced by: Patrick A. Hope [D]
Minimum wage; employees with disabilities. Provides that individuals with disabilities that are paid at subminimum wage pursuant to the federal Fair Labor Standards Act are employees for the purposes of the Virginia Minimum Wage Act. The bill requires every employer of such employees to pay such employees wages at a rate not less than (i) from July 1, 2023, until July 1, 2024, $9.50 per hour; (ii) from July 1, 2024, until July 1, 2025, $10.50 per hour; and (iii) from July 1, 2025, until July 1, 2026, $11.50 per hour. The bill requires that from and after July 1, 2026, every employer of such employees pay such employees at a rate equivalent to all other employees covered by the Virginia Minimum Wage Act.

Go to bill.
02/06/23 House: VOTE: Block Vote Passage (100-Y 0-N)
02/21/23 Senate: Passed Senate (22-Y 18-N)
02/24/23 House: Bill text as passed House and Senate (HB1924ER)

03/13/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/27/23 House: Governor's recommendation received by House

04/12/23 Governor: Governor's recommendation adopted
04/12/23 House: Signed by Speaker as reenrolled
04/12/23 Senate: Signed by President as reenrolled
04/12/23 House: Enacted, Chapter 782 (effective - see bill)

04/12/23 Governor: Acts of Assembly Chapter text (CHAP0782)

HB 1931 Sexually violent predators; civil commitment, penalty. PASSED
Introduced by: Tara A. Durant [R]
Creates a Class 6 felony for any civilly committed sexually violent predator who tampers with or in any way attempts to circumvent the operation of his GPS equipment while on conditional release. The bill also eliminates the requirement that an expert witness be designated by the Commissioner of Behavioral Health and Developmental Services prior to being permitted to testify at a probable cause hearing.

Go to bill.
02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N)

02/15/23 Senate: Reported from Judiciary with substitute (14-Y 0-N)
02/21/23 Senate: Committee substitute agreed to 23106925D-S1
02/21/23 Senate: Passed Senate with substitute (40-Y 0-N)
02/22/23 House: Senate substitute agreed to by House 23106925D-S1 (97-Y 0-N)
02/22/23 House: VOTE: Adoption (97-Y 0-N)

03/23/23 Governor: Approved by Governor-Chapter 379 (effective 7/1/23)

HB 2230 Revocation of postrelease supervision. PASSED
Introduced by: William C. Wampler III [R]

Revocation of postrelease supervision. Provides that a revocation hearing for a supervision violation shall be conducted in accordance with the provisions regarding the revocation hearings for a suspended sentence or probation violation.

Go to bill.
01/11/23 House: Referred to Committee for Courts of Justice
01/19/23 House: Assigned Courts sub: Subcommittee #1
02/01/23 House: Committee substitute agreed to 23105680D-H1
02/01/23 House: Engrossed by House - committee substitute HB2230H1
02/02/23 House: Read third time and passed House (57-Y 43-N)
02/02/23 House: VOTE: Passage (57-Y 43-N)

02/03/23 Senate: Referred to Committee on the Judiciary

02/23/23 House: Senate substitute agreed to by House 23107187D-S1 (63-Y 33-N)
02/23/23 House: VOTE: Adoption (63-Y 33-N)

03/26/23 Governor: Approved by Governor-Chapter 618 (effective 7/1/23)

HB 2400 Criminal records; expungement and sealing of records. PASSED
Introduced by: Charniele L. Herring [D]

Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses.

The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record.

The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. This bill is a recommendation of the Virginia State Crime Commission.

Go to bill.

01/23/23 House: Subcommittee recommends reporting with amendments (8-Y 0-N)

01/27/23 House: Reported from Courts of Justice with amendment(s) (20-Y 0-N)

02/15/23 Senate: Passed Senate (40-Y 0-N)

02/20/23 House: Bill text as passed House and Senate (HB2400ER)

02/20/23 House: Signed by Speaker
02/21/23 Senate: Signed by President
03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023

03/26/23 Governor: Approved by Governor-Chapter 554 (effective - see bill)

SB 846 Peer recovery specialists; barrier crime exceptions. PASSED
Introduced by: Barbara A. Favola [D]
Permits the Department of Behavioral Health and Developmental Services, direct care service providers, and community boards to hire peer recovery specialists who have been convicted of certain barrier crimes where a history of such offense does not pose a risk in the work of a peer recovery specialist.

Go to bill.
02/02/23 Senate: Committee substitute agreed to 23105768D-S2
02/02/23 Senate: Engrossed by Senate - committee substitute SB846S2

02/03/23 Senate: Read third time and passed Senate (39-Y 0-N)
02/22/23 Senate: Bill text as passed Senate and House (SB846ER)

03/21/23 Governor: Approved by Governor-Chapter 139 (effective 7/1/23)

SB 973 Civil commitment of sexually violent predators; penalty. PASSED

Introduced by: Mark J. Peake [R]
Creates a Class 6 felony for any civilly committed sexually violent predator who tampers with or in any way attempts to circumvent the operation of his GPS equipment while on conditional release. The bill also eliminates the requirement that an expert witness be designated by the Commissioner of Behavioral Health and Developmental Services prior to being permitted to testify at a probable cause hearing.

Go to bill.

01/23/23 Senate: Reported from Judiciary with substitute (15-Y 0-N)

01/31/23 Senate: Read third time and passed Senate (39-Y 0-N)

02/09/23 House: Referred to Committee for Courts of Justice

02/13/23 House: Reported from Courts of Justice with substitute (19-Y 0-N)

02/16/23 House: VOTE: Block Vote Passage (99-Y 0-N)

02/20/23 Senate: House substitute rejected by Senate (18-Y 22-N)
02/21/23 House: House insisted on substitute
02/21/23 House: House requested conference committee
02/22/23 Senate: Senate acceded to request (40-Y 0-N)
02/22/23 Senate: Conferees appointed by Senate
02/22/23 Senate: Senators: Peake, Surovell, Deeds
02/23/23 House: Conferees appointed by House
02/23/23 House: Delegates: Durant, Adams, L.R., Watts
02/24/23 Conference: Amended by conference committee
02/24/23 Senate: Conference report agreed to by Senate (40-Y 0-N)
02/24/23 House: Conference report agreed to by House (95-Y 0-N)
02/24/23 House: VOTE: Adoption (95-Y 0-N)

03/23/23 Governor: Approved by Governor-Chapter 380 (effective 7/1/23)

SB 1402 Criminal records; expungement and sealing of records; repeal. PASSED
Introduced by: Scott A. Surovell [D]

Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses.

Go to bill.

02/01/23 Senate: Reported from Judiciary with amendments (15-Y 0-N)

02/06/23 Senate: Passed Senate (39-Y 0-N)

02/16/23 House: VOTE: Block Vote Passage (99-Y 0-N)
02/21/23 Senate: Bill text as passed Senate and House (SB1402ER)
02/21/23 House: Signed by Speaker
02/24/23 Senate: Signed by President
03/02/23 Senate: Enrolled Bill Communicated to Governor on March 2, 2023
03/26/23 Governor: Approved by Governor-Chapter 555 (effective - see bill)

SB 1413 Motion for the disclosure of expunged records in a civil case. PASSED
Introduced by: Thomas K. Norment, Jr. R]
Provides that where a civil claim is filed arising out of or relating to charges where a petition for the expungement of police and court records for such charges is pending or where the records have been expunged, any party to the civil claim may file a motion in the court in which the civil claim is pending, or in the court where the petition for the expungement was or is pending, for the release of the expunged records for use in the civil litigation, and, upon motion and for good cause shown, such police and court records shall be ordered to be released and the relevant penalties relating to disclosure of such expunged records shall not apply.

Go to bill

02/07/23 Senate: Read third time and passed Senate (26-Y 14-N)

02/10/23 House: Referred to Committee for Courts of Justice

02/23/23 House: VOTE: Passage (54-Y 42-N)

03/24/23 Governor: Approved by Governor-Chapter 465 (effective 7/1/23)

FAILED

HB 416 Constitutional amendment; qualifications of voters and the right to vote (voter referendum). FAILED.
Introduced by: Charniele L. Herring [D]
Constitutional amendment (voter referendum); qualifications of voters and the right to vote; persons not entitled to vote. Provides for a referendum at the November 8, 2022, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting.

Go to bill.
01/11/22 House: Referred to Committee on Privileges and Elections
02/07/22 House: Assigned P & E sub: Subcommittee #1
02/08/22 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)
02/15/22 House: Left in Privileges and Elections

HB 2013 Probation, revocation, and suspension of sentence; penalty. FAILED.
Introduced by: Les R. Adams [R]

Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes.

The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.

The bill also adds the offense of crimes against nature committed on or after July 1, 2023, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.

Go to bill.
01/10/23 House: Referred to Committee for Courts of Justice
01/21/23 House: Assigned Courts sub: Subcommittee #1

01/25/23 House: Subcommittee recommends reporting (5-Y 3-N)
02/03/23 House: Reported from Courts of Justice (11-Y 9-N)

02/07/23 House: VOTE: Passage (52-Y 47-N)

02/08/23 Senate: Referred to Committee on the Judiciary

02/15/23 Senate: Reported from Judiciary with substitute (14-Y 0-N 1-A)
02/15/23 Senate: Rereferred to Finance and Appropriations

02/16/23 Senate: Reported from Finance and Appropriations (9-Y 7-N)
02/22/23 Senate: Motion to recommit to committee agreed to (22-Y 18-N)
02/22/23 Senate: Recommitted to Judiciary

03/02/23 Senate: Left in Judiciary

HB 2226 Arrest and return of parolee or felon serving a period of postrelease supervision. FAILED.
Introduced by: William C. Wampler III [R]

Directs the circuit court of the sentencing jurisdiction to initiate proceedings against a felon serving a period of postrelease supervision upon a showing of a violation or probable violation of any of the terms or conditions of his release. Under current law, the Chairman or any member of the Parole Board initiates such proceedings.

Go to bill.
01/11/23 House: Referred to Committee for Courts of Justice
01/21/23 House: Assigned Courts sub: Subcommittee #1

01/23/23 House: Subcommittee recommends reporting (5-Y 3-N)

02/01/23 House: Subcommittee recommends laying on the table (8-Y 0-N)

HB 2249 Prisoners; Department of Corrections-issued and jailer-issued identification. FAILED.
Introduced by: Sam Rasoul [D]
Requires the Department of Motor Vehicles to expedite, to the extent possible, the processing of an application submitted by a prisoner for a government-issued identification card, birth certificate, or Social Security card and the issuance of such identification and documents.

Go to bill.
01/17/23 House: Assigned PS sub: Subcommittee #2
01/19/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/19/23 House: Subcommittee recommends referring to Committee on Appropriations
01/20/23 House: Reported from Public Safety with substitute (22-Y 0-N)
01/20/23 House: Committee substitute printed 23104386D-H1
01/20/23 House: Referred to Committee on Appropriations

01/22/23 House: Assigned App. sub: Transportation & Public Safety
01/23/23 House: Subcommittee recommends laying on the table (6-Y 2-N)

HB 2263 Sex offenses prohibiting proximity to children and school property; penalty. FAILED
Introduced by: Tony O. Wilt [R]

Sex offenses prohibiting proximity to children and school property; penalty. Adds certain prostitution and commercial sex crimes to the list offenses that would prohibit an adult if convicted of such offense from (i) loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school, (ii) 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 property, and (iii) entering or being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, a school bus, or any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity.

Go to bill.
01/11/23 House: Referred to Committee for Courts of Justice

02/07/23 House: Left in Courts of Justice

HB 2413 Offenders released from correctional facility; mandatory reporting if before completion of sentence. FAILED.
Introduced by: Ellen H. Campbell [R]
Mandatory reporting of all offenders released from a local correctional facility or state correctional facility before the completion of the offender's sentence. Requires the Department of Corrections and all local correctional facilities to provide the Virginia State Crime Commission with the name, last known address, criminal history information, length of sentence incarcerated, reason for early release, and remaining time on such length of sentence for each offender in the custody of the Department or such local correctional facility. The bill requires the Commission to publish the names of such offenders along with the reason for early release on its website and provide an annual report by November 15 to the General Assembly concerning the release of such offenders and any future criminal charges and convictions for such offenders.

Go to bill.
01/18/23 House: Referred to Committee on Public Safety

01/24/23 House: Assigned PS sub: Subcommittee #2

01/26/23 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
01/26/23 House: Subcommittee recommends referring to Committee on Appropriations
01/27/23 House: Reported from Public Safety with substitute (11-Y 10-N)
01/27/23 House: Committee substitute printed 23105298D-H1
01/27/23 House: Referred to Committee on Appropriations

01/30/23 House: Subcommittee recommends laying on the table (8-Y 0-N)

HJ 520 Constitutional amendment; qualifications of voters and the right to vote (first reference). FAILED.
Introduced by: Charniele L. Herring [D]
Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote. 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.

Go to bill.
01/10/23 House: Referred to Committee on Privileges and Elections
02/07/23 House: Left in Privileges and Elections

SB 921 Sex offenses prohibiting proximity to children and school property; penalty. FAILED
Introduced by: John A. Cosgrove, Jr. [R]
Adds certain prostitution and commercial sex crimes to the list offenses that would prohibit an adult if convicted of such offense from (i) loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school, (ii) 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 property, and (iii) entering or being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, a school bus, or any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity.

Go to bill.
01/06/23 Senate: Referred to Committee on the Judiciary
01/18/23 Senate: Passed by indefinitely in Judiciary (9-Y 5-N)

SB 1022 Mandatory reporting of all offenders released from a state correctional facility. FAILED.
Introduced by: Richard H. Stuart [R]
Mandatory reporting of all offenders released from a state correctional facility before the completion of the offender's sentence. Requires the Department of Corrections to provide the Virginia State Crime Commission with the name, last known address, criminal history information, length of sentence incarcerated, reason for early release, and remaining time on such length of sentence for each offender in the custody of the Department. The bill requires the Commission to publish the names of such offenders along with the reason for early release on its website and provide an annual report by November 15 to the General Assembly concerning the release of such offenders and any future criminal charges and convictions for such offenders.

Go to bill
01/07/23 Senate: Prefiled and ordered printed; offered 01/11/23 23103445D
01/07/23 Senate: Referred to Committee on Rehabilitation and Social Services

01/20/23 Senate: Reported from Rehabilitation and Social Services (9-Y 6-N)
01/20/23 Senate: Rereferred to Finance and Appropriations

02/02/23 Senate: Passed by indefinitely in Finance and Appropriations (16-Y 0-N)

SB 1245 Arrest and return of parolee or felon serving a period of postrelease supervision. FAILED
Introduced by: Mark D. Obenshain [R]
Directs the circuit court of the sentencing jurisdiction to initiate proceedings against a felon serving a period of postrelease supervision upon a showing of a violation or probable violation of any of the terms or conditions of his release. Under current law, the Chairman or any member of the Parole Board initiates such proceedings.

Go to bill.
01/20/23 Senate: Rereferred from Rehabilitation and Social Services (13-Y 0-N)
01/20/23 Senate: Rereferred to Judiciary

02/01/23 Senate: Reported from Judiciary (10-Y 5-N)

02/03/23 Senate: Constitutional reading dispensed (38-Y 0-N)

02/09/23 House: Referred to Committee for Courts of Justice

02/13/23 House: Subcommittee recommends reporting with substitute (6-Y 2-N)

02/25/23 Senate: No further action taken
02/25/23 Senate: Failed to pass in Senate

SB 1303 Expungement and sealing of offenses resulting in a deferred and dismissed disposition or conviction. FAILED.
Introduced by: Jennifer B. Boysko [D]
Expungement and sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition; defendant with a disorder or disability. Provides that a defendant with a disorder or disability, as defined in the bill, may file a petition that requests the sealing of the criminal history record information and court records of a Class 4 felony conviction or deferred and dismissed disposition. Under current law, Class 4 felony convictions or deferred and dismissed dispositions are ineligible to be sealed. The bill also provides that when a conviction or deferral and dismissal has been sealed, the defendant of such sealed record is a defendant with a disorder or disability, and the Governor granted the defendant a simple pardon for the commission of the crime or offense that was sealed, such conviction or deferral and dismissal shall be considered to be otherwise dismissed for purposes of expungement.

Go to bill.
01/10/23 Senate: Referred to Committee on the Judiciary

02/01/23 Senate: Reported from Judiciary (10-Y 4-N)

02/03/23 Senate: Constitutional reading dispensed (38-Y 0-N)

02/07/23 Senate: Read third time and passed Senate (22-Y 18-N)

02/10/23 House: Referred to Committee for Courts of Justice

02/16/23 House: Assigned Courts sub: Subcommittee #1

02/17/23 House: Subcommittee recommends laying on the table (5-Y 3-N)