Rep. Don Scott

Lottery Board; regulation of casino gaming. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board. Casino gaming shall be limited to certain cities that meet the criteria that is outlined in the bill, and a referendum must be passed in the city on the question of allowing casino gaming in the city. This bill is a reenactment of the first enactment of Senate Bill 1126 of the 2019 legislative session. The bill was incorporated into HB 4.

Department of Corrections; earned sentence credits. Establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2020. This bill incorporates HB 1370.

Possession of marijuana. Allows for possession of small amounts of marijuana for personal use.

Veterans and active duty members of the ArmedForces; teachers; credit for service. Requires each local schoolboard to give any veteran or active duty member of any of the ArmedForces of the United States or the Commonwealth who it employs asa teacher in the local school division credit for any time servedin any such forces in determining such teacher's step on the localschool division's teacher salary scale.

Expungement of police and court records; nolleprosequi taken or acquittal. Provides that a court that takesa nolle prosequi or enters a judgment acquitting a person of a criminalcharge shall, upon motion of the person, enter an order requiringthe expungement of the police and court records relating to the charge.Currently, such a person may file a separate petition for the expungementof such records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.

Expungement of police and court records; misdemeanor convictions. Allows a person convicted of a misdemeanor to filea petition requesting expungement of the police and court recordsrelating to the conviction if (i) such person has been free from any term of incarceration, probation, and postrelease supervisionimposed as a result of such conviction for at least two years and (ii) such person has no pending criminal proceeding. The bill alsorequires the court to grant such petition for expungement of policeand court records if such petition is for a misdemeanor arrest, charge,or conviction. Currently, except in certain cases, the person isnot entitled to an order of expungement, and the court hearing thepetition must find that the continued existence and possible disseminationof such records causes or may cause circumstances that constitutea manifest injustice to such person before such an order will beentered.

Maximum term of probation. Limits to fiveyears the term of probation for a person convicted of an offenseother than a violent felony, an act of violence, or an offense forwhich registration with the Sex Offender and Crimes Against MinorsRegistry is required.

Transportation agreements. Recognizes that public-private transportation partnership agreements that containprovisions prohibiting or frustrating the construction of non-tolledtransportation facilities as alternatives to tolled facilities througheconomic disincentives are against public policy.

Application of parole statutes. Repealsthe abolition of parole. The bill also provides that the VirginiaParole Board shall establish procedures for consideration of parolefor persons who were previously ineligible for parole, because parolewas abolished, to allow for an extension of time for reasonable cause.

Right to reproductive choice. Provides thatevery individual has a fundamental right to choose or refuse contraceptionand that a pregnant person has a fundamental right to choose to carrya pregnancy to term, give birth to a child, or terminate a pregnancy.The bill states that the Commonwealth shall not, in the regulationor provision of benefits, facilities, services, or information, denyor interfere with an individual's fundamental rights, including individualsunder state control or supervision. The bill states that any stateor local official who is charged with violating provisions of thissection shall be subject to an action in federal or state court forinjunctive relief and damages. Such action may be brought by any person or entity that may be aggrieved by such official's actions.