Delegate Joe Morrissey
Representative of the 74th District of Virginia!
2010 Legislative Session
The 2010 General Assembly Session convened on Wednesday, January 13, 2010 and adjourned Sine die on Saturday, March 13, 2010.
Delegate Joe Morrissey's
2010 General Assembly Legislative Package
Deferred disposition in criminal cases – (a.k.a Taking matters under advisement)
Allows a court to defer and dismiss any criminal case other than Class 4 felonies or more severe felonies, violent felonies, crimes that require registration on the sex offender registry, certain felony sex crimes, manslaughter, and DUI. Deferred disposition would be available to a person even though he had previously availed himself of deferred disposition or had been previously convicted of a crime, except in the interests of justice.
Petition to vacate finding of guilt of convicted person – (i.e. elimination of “21 day rule”)
Provides that notwithstanding any rule of court or any other provision of law, any person convicted of a crime may, upon the discovery of previously unknown or unavailable evidence, petition jointly with the attorney for the Commonwealth in the district court or circuit court in which he was convicted to vacate the judgment of guilt. Upon such petition, the court shall conduct an evidentiary hearing and, upon clear and convincing proof of all of the allegations in the petition and upon finding that no rational trier of fact could have found proof of guilt beyond a reasonable doubt, vacate the judgment of guilt and order the person's record expunged. Or, if the petition fails to state a claim, or if the assertions of previously unknown or unavailable evidence, even if true, would fail to qualify for relief, the court may dismiss the petition summarily, without a hearing. The heretofore “21 day rule” is archaic and needs to be revised.
Establishment of Nonpartisan Redistricting Commission –
Establishes a seven-member temporary commission to prepare redistricting plans in 2011 and each 10th year thereafter for the House of Delegates, state Senate, and congressional districts. Appointments to the Commission shall be made by majority vote of the Supreme Court among retired judges who have indicated their willingness to serve on the Commission. The Commission will prepare plans and submit them as bills to the General Assembly. The General Assembly shall then proceed to act on the bills in the usual manner. The bill provides for Commission comments on plans as they change in the legislative process. The bill also spells out the standards and process to be followed by the Commission in preparing plans, including limitations on the use of political data and opportunities for public comment on the plans.
Constitutional amendment (first resolution); restoration of civil rights –
Authorizes the General Assembly to provide, by general law, for the restoration of civil rights for persons convicted of felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. The present Constitution provides for restoration of rights only by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law. Virginia is one of only two states (Kentucky is the other) where there is not automatic restoration of rights.
Open-end lending; car title loans –
Provides that extensions of credit under an open-end credit or similar plan by a seller or lender, under which interest currently may be charged at any rate on which the parties agree, may be made only by sellers of goods or services or by certain licensed or regulated financial institutions. The measure also authorizes such loans to be made by Consumer Finance Act licensees, who are prohibited from charging interest on such loans at a rate that exceeds 36 percent annually. Open ended lending (currently up to 360% a year or more) and car title lending is nothing short of legalized loan sharking.
Ban of plastic bags; use by retailers –
Bans the use of plastic carryout bags by retailers at the point of sale unless such bags are (i) durable plastic bags with handles; (ii) at least 2.25 mils thick; and (iii) specifically designed and manufactured for multiple reuse.
Limitations on barrier crimes –
Limits assault-related barrier crimes in Title 63.2 to felony assault crimes only. Currently, misdemeanor assaults are barriers to employment in certain areas.
Elections; early voting –
Provides that any registered voter qualified to vote in the election may vote in person from 14 to three days before the election, or eight to three days before a special election, in the office of the general registrar or secretary of the electoral board. The provisions for absentee voting remain in effect except that the provisions for in-person absentee voting are superseded by the early voting process during the early voting period. The bill takes effect January 1, 2011.
Expungement of criminal conviction record –
Allows a person convicted of a criminal offense to have his conviction expunged after 10 years have passed following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence.
Waiver of payment of interest on fines and costs; incarcerated defendant –
Provides for the purging of interest on fines and costs for an incarcerated defendant when such fines and costs have accrued on cases other than the one for which the defendant is incarcerated. Current law provides for the interest waiver only for the case for which the defendant is incarcerated.
Prohibit gift cards with expiration dates –
Prohibits the issuance of a gift card that automatically, as a result of the passage of a period of time following its purchase or activation (i) expires, (ii) diminishes in value by the assessment of a maintenance fee or inactivity fee, or (iii) otherwise becomes unredeemable. There is absolutely no reason or logic to allow for the expiration of a gift card paid in full.
Eligibility of seasonal tax preparation service employees for unemployment benefits-
Disqualifies a seasonal employee of a tax preparation firm from receiving unemployment compensation benefits outside of the tax preparation season, if the individual was notified, in writing, at the time of his hiring that his employment is only for the term of the tax preparation season.
Smoking in cars with minor present; civil penalty –
Makes it unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, in which a child under the age of 13 is present, punishable by a civil penalty of $100.
Speed limits –
Provides for a 70 mph speed limit on (i) I-295 between Williamsburg Road in Henrico County and the I-295/I-95 interchange in Prince George County and (ii) I-95 between the I-295/I-95 interchange in Prince George County and North Carolina. I introduced similar legislation last year and it was tabled so as to allow time for VDOT and the Virginia State Police Study. The study has been completed and both VDOT and the Virginia State Police support this initiative.
Payday loans; permitted interest –
Repeals provisions of the Payday Loan Act that authorize lenders to charge a loan fee or verification fee, thereby limiting permissible charges on payday loans to simple interest at a maximum annual rate of 36 percent.
Confessions for felony charge –
Provides that no confessions for a felony charge of rape, robbery, murder, or kidnapping/abduction shall be admitted in any felony prosecution unless such confession was videotaped by the police.
Virginia Public Procurement Act; Department of Minority Business Enterprise –
Implementation of remedial or enhancement measures for small, women-owned, and minority-owned businesses. Includes women-owned and minority-owned businesses in considerations for procurement enhancements or remedies established consistent with prevailing law. The bill also authorizes the Department of Minority Business Enterprises to enforce the implementation of the appropriate enhancements or remedial measures.
Issues that Delegate Morrissey will continue to fight for:
Automatic Restoration of Rights
I support automatic restoration of rights for those individuals who, after serving their time in prison, are released back into society. Our society is a forgiving one. We believe in the concept of redemption and we know, in our hearts, how necessary it is to give people a “second chance.”
Restoration of rights not only restores an individual’s dignity and self worth, but additionally, it also provides an incentive for released prisoners to lead a crime free life. Simply stated – it’s good policy to tell someone: Look, if you lead a productive and crime free life for three years following your release from prison, your constitutional rights will automatically be restored.
Expungement of Misdemeanor and Felony Convictions
Many people, particularly in their youth, make foolish decisions. These unwise decisions lead to misdemeanor and felony convictions. I support legislation that says essentially this: If you have a misdemeanor or felony convictions and, for eight (8) years, you lead an honest, productive, crime free life – your previous conviction will be expunged.
Why do I support this type of legislation? I have spoken with scores of young men and women who tell a similar story. “I was young, compulsive and I made a terrible mistake. I admitted I was wrong and I paid my debt to society. I have shown my remorse by remaining crime free for ‘X’ number of years. I want a second chance and I don’t want to be ‘branded’ a criminal for the rest of my life due to one foolish mistake.”
Finally, studies show that states can lower the recidivism rate by giving convicted misdemeanors and felons an incentive to lead a crime free life.
Equality Virginia
Virginia lags behind many other states in protecting GLBT people from discrimination. I vehemently oppose legislation allowing government to discriminate against the GLBT community. Had I been serving in the House of Delegates when the so-called “marriage amendment” was ratified in 2006, I would have voted against it.
The General Assembly should amend Virginia law to allow both second-parent adoptions as well as state and local government agencies to offer expanded health insurance benefits to employees and people living in their households – both of which would benefit GLBT families. I also believe that Virginia should prohibit discrimination by both strengthening Virginia’s workplace nondiscrimination laws as well as amending current law so that sexual orientation and gender identity are protected against hate violence crimes.
Education
Virginia’s economic future depends on maintaining a first-rate educational system for all children beginning with pre-kindergarten (“Pre-K”) education opportunities and continuing through K-12 and beyond. As a former law school professor and high school teacher (Government and United States and Virginia History), I know how important it is to provide a top tier educational system for our children. Further, in order for the Commonwealth to both maintain our high standards as well as respond to the growing needs of a diverse student body, it is imperative that the Commonwealth provide incentives to attract and retain the best and the brightest teachers. Accordingly, I support legislation that will waive or otherwise “forgive” student loans for those teachers willing to work in rural or inner city school systems. Additionally, I support expanding pre-school programs and maintaining the necessary funding for our schools notwithstanding the current economic challenges.
Virginia is home to some of the best colleges and universities in the country. To ensure that all Virginia students have access to affordable higher education, it is imperative that adequate financial aid remain available to those in need. I support legislation to increase student aid in every college (including community colleges) and university in Virginia.
Health Care
Health care is a major concern for our nation. Though the emphasis on health care reform has shifted to Washington, D.C., health care costs continue to skyrocket and the number of uninsured Virginians continues to grow. The United States Census Bureau recently estimated that a staggering 1,034,424 Virginians (15.5% of the population) remain uninsured. We must provide ways to increase health care access and improve the quality of care and services for all Virginians - especially the most vulnerable and needy residents. I support expanding the number of children insured under the State Children’s Health Insurance Plan (SCHIP), increasing Medicaid reimbursement and protecting the Medicaid program from budget cuts.
Closely associated with health care reform are several issues that are dear to me: childhood obesity, tobacco cessation, and increased funding for cancer research. Look for me to address each of these issues with proposed legislation in the next few months.
Energy and the Environment
Virginia is known for her pristine landscape, abundance of natural resources, and irreplaceable historical sites. However, Virginia consistently ranks at the bottom of states in energy efficiency funding. This must change. Investments in energy efficiency are the most effective means of meeting future energy needs. Alternative energy sources include wind, solar, tide and biomass. I wholeheartedly support renewable energy sources and will support legislation calling for 20% renewable energy sources by the year 2015.
Abolish Payday Lending Practices
The controversial practice known as "payday lending" is a predatory lending practice that traps the working poor in an endless cycle of debt. Studies have shown that race and ethnicity are the leading factors in determining payday lender operations which effectively target minority communities. This is wrong!
I have introduced legislation that will abolish payday lending and car title lending practices in Virginia
