Governor Northam signs bold new laws to reform criminal justice

RICHMOND—Governor Ralph Northam has signed into law criminal justice reform legislation that he proposed in January. The package includes measures raising the felony larceny threshold; permanently eliminating driver’s license suspensions for unpaid fines, fees, and court costs; raising the age of juvenile transfer to adult court, and reforming parole.

The Governor’s package also includes decriminalizing simple possession of marijuana and sealing the records of prior convictions. The Governor proposed that a study be completed to assess the impact of fully legalizing marijuana in the Commonwealth.

“Every Virginian deserves access to a fair and equitable criminal justice system,” said Governor Northam. “These bills combat mass incarceration, increase support for returning citizens, and ensure that those who have paid their debt to society have a meaningful second chance. I thank the General Assembly for working with us to build a more just and inclusive Commonwealth.”

Governor Northam signed the following bills:

• House Bill 995 and Senate Bill 788 increase the felony larceny threshold from $500 to $1,000.

• House Bill 1196 and Senate Bill 1 repeal the requirement that the driver’s license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill requires the Commissioner of the Department of Motor Vehicles to return or reinstate any person’s driver’s license that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs, without a reinstatement fee.

• House Bill 477 and Senate Bill 546 raise the age when a Commonwealth’s Attorney can transfer a juvenile to be tried as an adult without court approval from 14 to 16.

• House Bill 909 and Senate Bill 513 end the practice of suspending driver’s licenses for non-driving related offenses, including drug offenses and theft of motor fuel.

• House Bill 974 and Senate Bill 511 modify the current standards for writs of actual innocence. Currently, individuals may pursue writs of actual innocence under very narrow circumstances, which limits access to relief and places additional burdens on the pardon process.

• House Bill 277 and Senate Bill 736 provide that a court may permit an inmate to earn credits against any fines and court costs imposed against him by performing community service. Under current law, credits may be earned only before or after imprisonment.

The Governor proposed two amendments:

• House Bill 972 decriminalizes simple possession of marijuana and creates a $25 civil penalty. The bill seals the records of convictions and prohibits employers from inquiring about past convictions. The bill creates a workgroup to study the impact of the legalization of marijuana. Governor Northam proposes to require that report by November 30, 2021.

• House Bill 33 and Senate Bill 793, the “Fishback” bills, make individuals sentenced by juries between 1995 and 2000 eligible for parole consideration. Parole was abolished in Virginia in 1995, however, juries were not instructed of this change until 2000 following a court ruling. The Governor proposes adding an “emergency clause” to the measure.

“As a lawyer, I believe injustice, and that means we must aspire to a legal system that promotes equality under the law,” said House Majority Leader Charniele Herring. “I also believe in fairness, transparency, and compassion. These new laws strengthen our criminal justice system, and I thank Governor Northam for signing them into law.”

“Virginia’s old laws often led to too many black and brown people getting harsher punishments than the majority of Virginians,” said Senator Louise Lucas. “I appreciate Governor Northam signing these new laws that will help bring equity to our criminal justice system.”

“The Governor put forward a criminal justice reform legislative package that was historic and transformative,” said Secretary of Public Safety and Homeland Security Brian J. Moran. “The elimination of driver’s license suspensions for unpaid fees and fines and non-driving related offenses will affect hundreds of thousands of people, and the raising of the felony threshold is a simple matter of justice and fairness. This administration continues to demonstrate its dedication to comprehensive criminal justice reform.”