2020 BILLS
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PASSED BILLS 2020
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SB 124 Eligibility for food stamps; drug-related felonies (2020)
Sponsored by Senator Mamie Locke [D] and Senator Barbara Favola [D]
03/10/20 Approved by Governor-Chapter 221 (effective 7/1/20)
Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, a person otherwise eligible to receive food stamp benefits shall not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of §18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and fulfills any other obligations as determined by the Department of Social Services. Read bill information here.
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HB 566 Eligibility for food stamps and TANF (2020)
Sponsored by Delegate Elizabeth Guzman [D]
03/18/20 Approved by Governor-Chapter 361 (effective 7/1/20)
Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, such individuals may not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of §18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and meets any other obligations as determined by the Department of Social Services. The bill also provides that a person who is otherwise eligible to receive TANF benefits shall not be denied such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of §18.2-250. Read bill information here.
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HB 757 Public employment; limitations on inquiries by state agencies and localities regarding criminal arrests, charges, or convictions (2020)
Sponsored by Delegate Lashrecse Aird [D] and Delegate Glenn Davis [R]
03/23/20 Approved by Governor-Chapter 422 (effective 7/1/20)
Prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. A prospective employee may not be asked if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual's criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. Bill information here.
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HB 1093 Prisoners; special identification cards (2020)
Sponsored by Delegate Patrick Hope [D]
03/27/20 Approved by Governor-Chapter 484 (effective 7/1/20)
Requires the Department of Corrections and the sheriff, jail superintendent, or other jail administrator of a local correctional facility to, upon request, provide a special identification card issued by the Department of Motor Vehicles to a prisoner upon his release. The bill requires that the correctional institution provide or assist the prisoner in providing the necessary paperwork to the Department of Motor Vehicles. Current law authorizes local correctional institutions to issue such identification cards but does not require it. Bill information here.
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HB 1467 Prisoners; obtaining certain identification documentation (2020)
Sponsored by Delegate Lashrecse Aird [D]
03/31/20 Approved by Governor-Chapter 523 (effective 7/1/20)
Requires the Department of Corrections and the sheriff, jail superintendent, or other jail administrator of a local correctional facility to provide to any prisoner who does not already possess a government-issued identification card a special identification card issued by the Department of Motor Vehicles upon his release. Prior to the release of any prisoner after a period of confinement of 90 days or more, if such prisoner does not already possess an original birth certificate or a Social Security card, the bill also requires the Department of Corrections and the sheriff, jail superintendent, or other jail administrator of a local correctional facility to (i) provide the assistance necessary for the prisoner to apply to the appropriate state and obtain an official copy of the prisoner's birth certificate and (ii) provide the assistance necessary for the prisoner to apply to the Social Security Administration and obtain a replacement Social Security card. Read bill information here.
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SB 415 Compensation for wrongful incarceration; annuity term.
Sponsored by Senator Creigh Deeds (D)
04/02/20 Approved by Governor-Chapter 648 (effective 7/1/20)
Person wrongfully convicted of a felony who receives as compensation an annuity from the Commonwealth the annuity period shall be the person's life expectancy if his life expectancy is less than 25 years. Under current law, the annuity period is 25 years for all such persons regardless of life expectancy. Read bill information here.
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SB 579 Sex Offender and Crimes Against Minors Registry
Sponsored by Senator Creigh Deeds
04/07/20 Governor: Approved by Governor-Chapter 829 (effective 7/1/20)
Makes numerous changes to the provisions governing the Sex Offender and Crimes Against Minors Registry. The bill changes the number of classifications of offenders who are required to register under the Registry to match the number of classifications under federal law and redesignates the classifications as Tier I, Tier II, and Tier III offenses. The bill also streamlines the reregistration process, eliminates the need for lower-level offenders to reregister annually, and allows offenders to electronically verify their registration information. Finally, the bill allows the Virginia State Police to use public records to determine a victim's age if the victim's age is not contained in the judgment of conviction in order to determine whether a person is required to register under the Registry. Bill information here.
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Incorporated Bills 2020
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HB 140 Public Employment (2020)
Sponsored by Delegate Glenn Davis [R]
01/28/2020 Incorporated by General Laws; 1/23/2020 Subcommittee recommends incorporating (HB757-Aird) by voice vote
Public employment; limitations on inquiries by state agencies and localities regarding criminal arrests, charges, or convictions. Prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. A prospective employee may not be asked if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual's criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. Read full text here.
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HB 786 Eligibility for food stamps; drug-related felonies (2020)
Sponsored by Delegate Lamont Bagby [D]
01/28/2020 Incorporated by Health, Welfare and Institutions; 1/23/2020 Subcommittee recommends incorporating (HB566-Guzman) by voice vote
Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, a person otherwise eligible to receive food stamp benefits shall not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of §18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and fulfills any other obligations as determined by the Department of Social Services. Read it here.
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SB 155 Eligibility for TANF; drug-related felonies (2020)
Sponsored by Senator Barbara Favola [D]
01/10/2020 Incorporated by Rehabilitation and Social Services​
Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families (TANF) shall not be denied such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of §18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and meets any other obligations as determined by the Department of Social Services.
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SB 512 Driver's license suspensions for certain non-driving-related offenses (2020)
Sponsored by Senator John Edwards [D]
02/05/2020 - Incorporated by Judiciary​
Removes the existing provisions that allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense and (ii) for violations not pertaining to the operator or operation of a motor vehicle. The provisions of this bill have a delayed effective date of September 1, 2020.
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Failed Bills 2020
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HJR 129 Study; Virginia State Crime Commission; post-conviction monitoring of persons convicted of domestic violence in the Commonwealth (2020)
Sponsored by Delegate Delores McQuinn [D]
01/29/2020 Subcommittee recommends laying on the table (6-Y 0-N) Bill Failed.
Directs the Virginia State Crime Commission to (i) determine the number of persons convicted of domestic violence, family abuse, and intimate partner abuse in the Commonwealth in the past 10 years; (ii) provide the total number of misdemeanor and felony convictions, if applicable, for each identified person convicted of a charge related to domestic violence; (iii) identify any additional terms of the sentence for each identified person, as required by the presiding judge, including probation or any other requirements, that would allow the Commonwealth to monitor the person for any length of time following the conviction; and (iv) provide recommendations for monitoring persons convicted of domestic violence, family abuse, and intimate partner abuse, including the establishment of a domestic violence registry.
HB 295 Maximum term of probation (2020)
Sponsored by Delegate Don Scott [D]
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Limits to five years the term of probation for a person convicted of an offense other than a violent felony, an act of violence, or an offense for which registration with the Sex Offender and Crimes Against Minors Registry is required. Read full text here.
full text here.
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HB 1540 Behavioral health providers; barrier crimes; exceptions (2020)
Sponsored by Delegate Christopher Collins [R]
02/20/2020 VOTE: REJECTED (3-Y 95-N); Bill fails.
Allows the Department of Behavioral Health and Developmental Services to hire individuals convicted of various barrier crimes in a position of employment at a state facility if more than 10 years have elapsed since the date of the conviction. The bill also allows a private provider of behavioral health services licensed by the Department to hire a person who was convicted of any misdemeanor violation related to assault and battery of a family or household member for compensated employment at adult substance abuse or adult mental health treatment facilities. Read full text here.
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