Virginia 2018 Regular Session Status: In Committee

SB 334 — Underage alcohol possession, etc.; expungement of certain offenses.

Last action — Left in Courts of Justice

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and the person seeking the expungement is at least 21 years of age and has no other alcohol-related convictions. The bill provides that any person seeking expungement of an alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police. The provisions of the bill are contingent upon funding in a general appropriation act.

Bill Text

What changed in the latest version

25 added · 47 removed

Plain-language change summary

The revised bill SB 334 includes additional details about the conditions under which a person can petition for the expungement of their criminal records. Notably, it specifies that individuals who were under 21 at the time of their offense can seek expungement after meeting certain criteria, such as having their charges dismissed and fulfilling all financial obligations related to the case. This change is significant because it aims to provide younger individuals with a second chance, helping them move forward without the burden of a past conviction.

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SESSION history | hilite | pdf | print version 18106894D SENATE BILL NO.
SESSION history | hilite | pdf | print version 18107010D SENATE BILL NO.
334 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Finance on February 7, 2018) (Patron Prior to Substitute--Senator Peake) A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-251.04, relating to expungement of certain offenses.
334 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Peake on February 12, 2018) (Patron Prior to Substitute--Senator Peake) A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of certain offenses.
That § 19.2-392.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-251.04 as follows:
That § 19.2-392.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-251.04.
Heroin and Prescription Opioid Epidemic Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Heroin and Prescription Opioid Epidemic Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller.
All moneys received from fees imposed under subsection L of § 19.2-392.2 on orders of expungement entered under clause (iv) of subsection A of § 19.2-392.2 shall be paid into the state treasury and credited to the Fund.
Interest earned on moneys in the Fund shall remain in the Fund and be credited to it.
Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year that are not appropriated by the General Assembly shall not revert to the general fund but shall remain in the Fund.
All moneys in the Fund shall be subject to annual appropriation by the General Assembly to the Department of Criminal Justice Services to be used solely for prevention, treatment, and recovery services relating to the use of heroin and prescription opioid drugs.
Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Criminal Justice Services.
In addition to the costs provided by § 17.1-275, an additional $300 fee shall be assessed to the petitioner for an order of expungement entered under clause (iv) of subsection A, of which $150 shall be paid into the Heroin and Prescription Opioid Epidemic Fund established pursuant to § 18.2-251.04 and $150 shall be paid into the state treasury and credited to the Department of State Police.
In addition to the costs provided by § 17.1-275, an additional $150 fee shall be assessed to the petitioner for an order of expungement entered under clause (iv) of subsection A, which shall be paid into the state treasury and credited to the Department of State Police.
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Action History

  1. Left in Courts of Justice

  2. Assigned Courts sub: Subcommittee #1

  3. Referred to Committee for Courts of Justice

  4. Referred from Appropriations by voice vote

  5. Referred to Committee on Appropriations

  6. Read first time

  7. Placed on Calendar

  8. Engrossed by Senate - floor substitute SB334S2

  9. Substitute by Senator Peake agreed to 18107010D-S2

  10. Reading of substitute waived

  11. Floor substitute printed 18107010D-S2 (Peake)

  12. Committee substitute rejected 18106894D-S1

  13. Read second time

  14. Passed by for the day

  15. Rereferred to Finance

  16. Referred to Committee for Courts of Justice

  17. Prefiled and ordered printed; offered 01/10/18 18100471D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

What does SB 334 do?
Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and the person seeking the expungement is at least 21 years of age and has no other alcohol-related convictions. The bill provides that any person seeking expungement of an alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police. The provisions of the bill are contingent upon funding in a general appropriation act.
Who sponsors SB 334?
SB 334 is sponsored by Mark J. Peake and Adam P. Ebbin.
What is the current status of SB 334?
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 334?
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