Felons And Felonies
Virginia 2017 Regular Session
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. [HJR-694]
[Voting Rights ]
[Crime ]
[Criminal Justice ]
[Elections ]
[Law Enforcement ]
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentences, subject to the conditions, requirements, and definitions set forth in that law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds an alternative for restoration of rights
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Sponsored by: Rep. Vivian Watts
Left In Privileges And Elections on 02/08/2017
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Food stamps; eligibility to receive benefits if convicted of drug-related felonies. [HB-2181]
[Food ]
[Crime ]
[Public Health ]
[Human Services ]
[Criminal Justice ]
[Poverty ]
[Law Enforcement ]
Food stamp eligibility; drug-related felonies. 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 first-time felony offense of possession with intent to distribute a controlled substance in violation of ? 18.2-248, provided that he complies with all obligations imposed by the criminal court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. Current law
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Sponsored by: Rep. Vivian Watts
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. [SJR-272]
[Voting Rights ]
[Crime ]
[Criminal Justice ]
[Elections ]
[Race and Civil Rights ]
[Law Enforcement ]
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for any person who has been convicted of a felony not designated by the General Assembly as a barrier crime for these purposes and who has completed service of his sentence and paid in full any restitution, fines, costs, and fees assessed against him as a result of his conviction.
Sponsored by: Sen. Emmett Hanger
Incorporated By Privileges And Elections on 01/31/2017
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Virginia 2017 Regular Session
Protective orders; possession of firearms, felony. [HB-2044]
[Firearms/Gun Control ]
[Crime ]
[Public Safety ]
[Criminal Justice ]
[Law Enforcement ]
Protective orders; possession of firearms; felony. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport
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Sponsored by: Rep. Kathleen Murphy
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Juvenile records; expungement for certain felony larceny offenses. [HB-2071]
[Crime ]
[Criminal Justice ]
[Children and Youth ]
[Law Enforcement ]
Juvenile records; expungement; certain felony larceny offenses. Provides for the expungement of juvenile records for certain offenses that would be felony larceny if committed by an adult if the juvenile has not been adjudicated delinquent of any other felony larceny offense and the amount of the goods or chattels taken by the juvenile was less than $750. Under current law, juvenile records of all delinquent acts that would be a felony if committed by an adult are retained.
Sponsored by: Rep. Vivian Watts
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Drug Treatment Court Act; eligibility. [HB-2059]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Healthcare ]
[Mental Health ]
[Overdose Prevention ]
Drug Treatment Court Act; eligibility. Eliminates the restriction that renders persons convicted of certain violent felonies within the preceding 10 years ineligible to participate in a drug treatment court. Persons convicted of felony acts of violence (i.e, offenses that result in life imprisonment upon conviction of a third offense) within the preceding 10 years remain ineligible to participate in a drug treatment court.
Sponsored by: Rep. Vivian Watts
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. [HJR-650]
[Voting Rights ]
[Elections ]
[Criminal Justice ]
[Law Enforcement ]
[Race and Civil Rights ]
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of felonies who have completed service of their sentences, including any period or condition of probation, parole, or suspension of sentence. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds an alternative for restoration of rights pursuant
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Sponsored by: Rep. Betsy Carr
Left In Privileges And Elections on 02/08/2017
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Virginia 2017 Regular Session
Felony homicide; certain drug offenses constitute second degree murder, penalty. [HB-1928]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Overdose Prevention ]
[Pharmaceuticals ]
[Public Health ]
[Law Enforcement ]
Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death.
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Sponsored by: Rep. Robert Bell
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Computer crimes; penalties. [HB-1809]
[Cybersecurity ]
[Technology and Innovation ]
[Crime ]
[Criminal Justice ]
[Data Privacy ]
[Law Enforcement ]
RICO; computer crimes; penalties. Adds certain felony offenses contained in the Virginia Computer Crimes Act as qualifying offenses under the Virginia Racketeer Influenced and Corrupt Organization (RICO) Act. Such crimes include computer fraud, transmission of unsolicited commercial electronic mail, computer trespass, computer invasion of privacy, using a computer to gather identifying information, and theft of computer services.
Sponsored by: Sen. John Bell
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Firearms; felon sharing residence with person who legally possesses. [HB-1792]
[Firearms/Gun Control ]
[Crime ]
[Public Safety ]
[Criminal Justice ]
[Law Enforcement ]
Possession of firearms; shared residence. Exempts a person prohibited from possessing a firearm due to a felony conviction from such prohibition if he is in constructive possession of a firearm owned by another person by virtue of sharing a residence with such other person who lawfully possesses a firearm, provided that he is not in actual possession of the firearm.
Sponsored by: Rep. C. Matthew Fariss
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Restoration of firearms rights; report to State Police. [HB-1745]
[Firearms/Gun Control ]
[Crime ]
[Criminal Justice ]
[Public Safety ]
Restoration of firearms rights; report to State Police. Provides a mechanism for reporting to the Department of State Police when a circuit court restores a felon's right to possess, transport, and carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that if a court enters an order restoring a felon's right, the order shall contain the felon's name and date of birth and the clerk of the court shall certify and forward the restoration order to the Central Criminal Records Exchange (CCRE). The bill provides that the Department
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Sponsored by: Rep. Larry Rush
Left In Appropriations on 02/08/2017
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Virginia 2017 Regular Session
Disarming a law-enforcement officer; penalty. [HB-1726]
[Crime ]
[Public Safety ]
[Criminal Justice ]
Disarming a law-enforcement officer; penalty. Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for removing a chemical irritant weapon or impact weapon from a law-enforcement officer or correctional officer engaged in the performance of his duties with the intent to impede or prevent such officer from performing his duties. The bill further increases the penalty from a Class 6 felony to a Class 4 felony if the weapon removed is such officer's firearm or stun weapon.
Sponsored by: Rep. Margaret Ransone
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Constitutional amendment; qualification of voters (first reference). [HJR-609]
[Voting Rights ]
[Elections ]
[Criminal Justice ]
Constitutional amendment (first resolution); qualification of voters. Provides that the circuit courts are an "other appropriate authority" for purposes of who may restore the civil rights of a person convicted of a felony.
Sponsored by: Rep. Daniel Marshall
Left In Privileges And Elections on 02/08/2017
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Virginia 2017 Regular Session
Protective orders; possession of firearms; felony. [SB-1039]
[Firearms/Gun Control ]
[Crime ]
[Public Safety ]
[Criminal Justice ]
[Law Enforcement ]
Protective orders; possession of firearms; felony. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport
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Sponsored by: Sen. Jennifer McClellan
Passed By Indefinitely In Finance (11-y 5-n) on 01/31/2017
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Virginia 2017 Regular Session
Presentence report; waiver by defendant. [HB-1647]
[Crime ]
[Criminal Justice ]
[Public Safety ]
Presentence report; waiver by defendant. Expands from guilty to guilty or nolo contendere the pleas for which a court is required to direct a probation officer to create a presentence report upon conviction for certain felonies. The bill provides that upon a conviction or plea agreement for such felonies, the defendant and the attorney for the Commonwealth may waive the presentence report.
Sponsored by: Rep. George Loupassi
Governor: Acts Of Assembly Chapter Text (chap0045) on 02/17/2017
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Virginia 2017 Regular Session
Felony homicide; certain drug offenses constitute second degree murder, penalty. [HB-1616]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Overdose Prevention ]
[Pharmaceuticals ]
[Public Health ]
[Law Enforcement ]
Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death.
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Sponsored by: Rep. L. Scott Lingamfelter
Failed To Pass on 02/25/2017
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Virginia 2017 Regular Session
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. [SJR-243]
[Voting Rights ]
[Elections ]
[Race and Civil Rights ]
[Criminal Justice ]
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of felonies. The amendment retains the right of the Governor to restore civil rights to such persons.
Sponsored by: Sen. John Edwards
Incorporated By Privileges And Elections on 01/31/2017
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Virginia 2017 Regular Session
Felony conviction; compensation for wrongful incarceration. [HB-1464]
[Crime ]
[Criminal Justice ]
[Funding ]
[Grants ]
[Public Safety ]
Compensation for wrongful incarceration for a felony conviction. Establishes a process for a person wrongfully incarcerated to submit a written request to the Executive Secretary of the Supreme Court of Virginia for the disbursement of the transition assistance grant of $15,000 for payment from the Criminal Fund; provides a 30-day timeframe, or as soon as practicable, within which such grant must be paid; and removes the provision that such grant amount be deducted from any compensation awarded for wrongful incarceration. Current law does not specify
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Sponsored by: Rep. Richard Sullivan
Left In Appropriations on 02/08/2017
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Virginia 2017 Regular Session
Food stamps; eligibility to receive benefits if convicted of drug-related felonies. [SB-830]
[Food ]
[Crime ]
[Public Health ]
[Human Services ]
[Criminal Justice ]
[Poverty ]
[Law Enforcement ]
Food stamp eligibility; drug-related felonies. 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 first-time felony offense of possession with intent to distribute a controlled substance in violation of ? 18.2-248, provided that he complies with all obligations imposed by the criminal court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. Current law
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Sponsored by: Sen. Barbara Favola
Passed By Indefinitely In Rehabilitation And Social Services (8-y 7-n) on 01/13/2017
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Virginia 2017 Regular Session
Constitutional amendment; qualification of voters, executive clemency (first reference). [HJR-542]
[Voting Rights ]
[Crime ]
[Criminal Justice ]
[Elections ]
[Law Enforcement ]
Constitutional amendment (first resolution); qualification of voters and executive clemency. Provides that no person convicted of a felony shall be qualified to vote unless his civil rights have been restored. The General Assembly shall prescribe by law the process for the automatic restoration of the civil rights of a person who has been convicted of any felony, other than a violent felony, upon such person's completion of service of his sentence and any modification of that sentence, including any period or condition of probation, parole, or suspension
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Sponsored by: Rep. John O'Bannon
Left In Privileges And Elections on 02/08/2017