Scott Surovell
- Democratic
- Senator
- District 34
Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol.The bill creates the Expungement Fee Fund, which is funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel.The bill requires a business screening service, which is a business that conducts criminal history records searches, must register with the Department of State Police to receive expungement orders and must follow reasonable procedures to ensure it maintains accurate information. The bill directs the Attorney General to enforce these requirements, authorizing it to file suit for damages and a civil penalty of up to $2,500.With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill. The provisions of the bill are contingent on funding in a general appropriation act. This bill incorporates SB 1283 and SB 1372.
Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill creates the Expungement Fee Fund, which is funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill also requires a business that collects and sells or licenses the public record information of a consumer to implement security practices to protect the accuracy of a consumer's public record information, obtain express consent of a parent of a minor before selling the public record information of such minor, provide access to consumers to their own public record information that is held by the entity, refrain from maintaining or selling information that it knows to be inaccurate, and provide a means by which a consumer can opt out of the sale of his public record information. The bill provides that a violation could result in a civil penalty of up to $7,500 or damages to be awarded to a consumer. The bill also provides for the award of attorney fees and costs. With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill.
Senate concurred in Governor's recommendation (22-Y 18-N)
Enacted, Chapter 524 (effective - see bill)
Signed by President as reenrolled
Signed by President as reenrolled
Reenrolled bill text (SB1339ER2)
Reenrolled
Governor's recommendation adopted
VOTE: Agree To (60-Y 40-N)
House concurred in Governor's recommendation (60-Y 40-N)
Impact statement from VCSC (SB1339S4)
Governor's substitute printed 21200871D-S4
Governor's recommendation received by Senate
Enrolled Bill Communicated to Governor on March 15, 2021
Governor's Action Deadline 11:59 p.m., March 31, 2021
Signed by Speaker
Impact statement from DPB (SB1339ER)
Signed by President
Enrolled
House substitute agreed to by Senate (25-Y 14-N)
Title replaced 21200355D-H1
Passed by temporarily
Read third time
VOTE: Passage (58-Y 41-N)
Passed House with substitute (58-Y 41-N)
Engrossed by House - committee substitute SB1339H1
Committee substitute agreed to 21200355D-H1
Read second time
Impact statement from VCSC (SB1339H1)
Reported from Appropriations (12-Y 7-N)
Impact statement from DPB (SB1339H1)
Subcommittee recommends reporting (5-Y 2-N)
Assigned App. sub: Transportation & Public Safety
Committee substitute printed 21200355D-H1
Referred to Committee on Appropriations
Reported from Courts of Justice with substitute (14-Y 8-N)
House committee, floor amendments and substitutes offered
Continued to Special Session 1 in Courts of Justice
Read first time
Placed on Calendar
Referred to Committee for Courts of Justice
Reconsideration of passage agreed to by Senate (38-Y 0-N)
Read third time and passed Senate (21-Y 17-N)
Impact statement from VCSC (SB1339S3)
Passed Senate (21-Y 18-N)
Reading of substitute waived
Impact statement from VCSC (SB1339S2)
Read second time
Engrossed by Senate - floor substitute SB1339S3
Substitute by Senator Surovell agreed to 21104416D-S3
Floor substitute printed 21104416D-S3 (Surovell)
Reading of substitute waived
Committee substitute rejected 21104284D-S2
Reading of substitute waived
Committee substitute rejected 21103918D-S1
Senate committee, floor amendments and substitutes offered
Constitutional reading dispensed (39-Y 0-N)
Committee substitute printed 21104284D-S2
Reported from Finance and Appropriations with substitute (13-Y 3-N)
Impact statement from VCSC (SB1339S1)
Incorporates SB1283 (Morrissey)
Committee substitute printed 21103918D-S1
Impact statement from DPB (SB1339)
Rereferred to Finance and Appropriations
Incorporates SB1372 (Lucas)
Reported from Judiciary with substitute (9-Y 3-N 3-A)
Senate committee, floor amendments and substitutes offered
Senate subcommittee amendments and substitutes offered
Assigned Judiciary sub: Expungement
Impact statement from VCSC (SB1339)
Referred to Committee on the Judiciary
Prefiled and ordered printed; offered 01/13/21 21100793D
Bill Text Versions | Format |
---|---|
SB1339S3 | HTML |
Committee substitute printed 21200355D-H1 | HTML |
SB1339ER | HTML |
Governor's substitute printed 21200871D-S4 | HTML |
SB1339ER2 | HTML |
CHAP0524 | HTML |
Document | Format |
---|---|
Fiscal Impact Statement: SB1339FS3160.PDF | |
Fiscal Impact Statement: SB1339FS2160.PDF | |
Fiscal Impact Statement: SB1339FS1160.PDF | |
Fiscal Impact Statement: SB1339F122.PDF | |
Fiscal Impact Statement: SB1339F160.PDF | |
Amendment: SB1339AG | HTML |
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