POST INCARCERATION BILLS - 2022
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PASSED
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HB 397 Compensation for wrongful incarceration
Introduced by: Richard C. "Rip" Sullivan, Jr.
Compensation for wrongful incarceration. Removes the following requirements for a wrongfully incarcerated person to receive compensation for such wrongful incarceration: (i) that the person shall have entered a final plea of not guilty, or, regardless of the plea, the person incarcerated was convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty is imprisonment for life and (ii) that the person incarcerated did not by any act or omission on his part intentionally contribute to his conviction for the felony for which he was incarcerated. The bill also requires the person to be compensated in an amount equal to the product of the total number of days that the person was wrongfully incarcerated following a wrongful conviction multiplied by the daily rate of the Commonwealth's most recent annual median household income as published in the American Community Survey of the United States Census Bureau in the year the court finds the claimant eligible and divided by 365 days to the nearest whole cent, in addition to other possible compensation.
04/11/22 Governor: Approved by Governor-Chapter 572 (effective 7/1/22)
View bill here.
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VETOED BY GOVERNOR
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HB 1270 SNAP benefits; waiver to allow inmates of correctional facilities to apply prior to release.
Introduced by: Mark D. Sickles [D]
SNAP benefits program; inmates of state or local correctional facilities. Directs the Department of Social Services (the Department) to submit to the U.S. Department of Agriculture a request for a waiver to allow individuals in the custody of state or local correctional facilities to apply for SNAP benefits prior to release from custody and, upon approval of such waiver, to (i) implement a process by which such individuals may apply for SNAP benefits prior to release and (ii) distribute to the Department of Corrections and the State Board of Local and Regional Jails information regarding such process.
03/03/22 Senate: Passed Senate with amendment (33-Y 5-N)
03/07/22 House: VOTE: Adoption (0-Y 96-N)
03/08/22 Senate: Senate insisted on amendment (37-Y 1-N)
03/08/22 Senate: Senate requested conference committee
03/09/22 House: House acceded to request
03/12/22 House: Conference report agreed to by House (83-Y 14-N)
03/12/22 House: VOTE: Adoption (83-Y 14-N)
03/12/22 Senate: Conference report agreed to by Senate (40-Y 0-N)
04/11/22 Governor: Vetoed by Governor
04/27/22 House: House sustained Governor's veto
Read bill here.
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DID NOT PASS
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HB 322 Criminal records; sealing of records. FAILED
Introduced by: Jeffrey L. Campbell [R]
Criminal records; sealing of records. Makes changes to the sealing provisions as they shall become effective pursuant to Chapters 524 and 542 of the 2021 Acts of Assembly, Special Session I, related to the types of offenses eligible to be sealed by petition. The bill limits such offenses eligible for sealing by petition to convictions for a Class 2, 3, or 4 misdemeanor and deferral and dismissals of misdemeanor offenses, Class 5 or 6 felonies, or felony larceny-related offenses. Under the related provisions as they shall become effective pursuant to Chapters 524 and 542, a person convicted of or who has had a charge deferred and dismissed for a misdemeanor offense, Class 5 or 6 felony, or felony larceny-related offense is eligible to petition to have such conviction or charge sealed. The bill also changes the provisions related to criminal penalties for disclosure of sealed records to require proof that such disclosure was done maliciously and intentionally and reduces the penalty for such violation to a Class 1 misdemeanor. Under the related provisions as they shall become effective pursuant to Chapters 524 and 542, disclosure of such records done willfully is a Class 1 misdemeanor and disclosure done maliciously and intentionally is a Class 6 felony.
02/15/22 House: Left in Courts of Justice
View bill here.
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HB 807 Criminal history background checks. FAILED.
Introduced by: Marcia S. "Cia" Price [D]
Criminal history background checks. Moves to separate sections of the Code of Virginia provisions governing background checks for individuals providing substance abuse and mental health services for adults. Currently, provisions governing background checks for individuals providing substance abuse and mental health services for adults are included together with provisions governing background checks for providers of substance abuse and mental health services for children and providers of developmental services for individuals of all ages.
02/03/22 House: Subcommittee recommends passing by indefinitely (5-Y 4-N)
02/15/22 House: Left in Health, Welfare and Institutions
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SJ 1 Constitutional amendment; qualifications of voters and the right to vote (second reference). FAILED.
Introduced by: Mamie E. Locke [D]
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.
01/18/22 Senate: Reported from Privileges and Elections (9-Y 6-N)
02/09/22 Senate: Reported from Finance and Appropriations (16-Y 0-N)
02/15/22 Senate: Read third time and agreed to by Senate (24-Y 16-N)
03/01/22 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)
03/08/22 House: Left in Privileges and Elections
View bill here.
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