Delegate Greg Habeeb announced Friday a legislative package to overhaul Virginia’s policy on rights restoration that includes a constitutional amendment and multiple pieces of enabling legislation. Habeeb introduced House Joint Resolution 542, House Bill 1406, and House Bill 1407 Friday, and pledged to work with stakeholders on additional enabling legislation. Delegates Peter Farrell (R-Henrico) and John O’Bannon (R-Henrico) will serve as Chief Co-Patrons.
“For years I have supported efforts to reform Virginia’s process on rights restoration. Like all Virginians, I believe in second chances, but we need a clearer and more appropriate policy on who deserves a second chance, when they deserve it, and how it should be provided. The way to craft that policy is through constitutional and legislative changes, not the inexcusable executive overreach in which Governor McAuliffe engaged,” said Habeeb (R-Salem). “It is time to get politics out of the way and craft the best policy for our Commonwealth. While my proposal differs from Senator Norment’s legislation, I appreciate the leadership he demonstrated by starting this legislative debate. This is not a partisan or racial issue, and I hope the governor and other stakeholders will join us at the table to develop a solution through the appropriate mechanism.”
House Joint Resolution 542 amends the constitution to create a process for the automatic restoration of all constitutional and political rights for non-violent felons, and enacts reforms to the current process for violent offenders. The constitutional amendment would allow non-violent offenders, as defined by the General Assembly, to automatically receive their political rights after they have completed their sentence, including all supervised or unsupervised probation, and paid all fines, fees, court costs, and restitution. Violent offenders would be allowed to apply to the governor two years after they have completed their sentence and any probation. The governor would be allowed to restore rights on an individual basis after they have paid their fines, fees, court costs, and restitution.
“This proposal builds on the 2013 legislation introduced by Senator Louise Lucas and supported by Lt. Governor Northam, Attorney General Herring, and the entire Senate Democratic caucus,” said Habeeb. “Everyone deserves an opportunity at redemption, but the nature and severity of the crimes should be taken into consideration and a second chance should only come after they have completed their entire sentence, which includes paying their debts to the justice system and to victims. We need a policy that treats redemption in accordance with the crime.”
The package also includes additional legislation, introduced as House Bill 1406, to ensure that gun rights are also automatically restored for non-violent offenders. Violent offenders would be required to follow the process currently in place: after the governor restores their political rights, they may petition their local circuit court to regain their firearm rights.
“The constitutional right to own a firearm should be treated the same as the political rights for non-violent offenders. If a non-violent offender is ready to fully participate in society again, they should have all of their rights back, not just a select few,” said Habeeb. “Virginia’s current process provides strong protections to ensure that violent offenders can regain their gun rights after a thorough review by a commonwealth’s attorney and a judge. That process should remain in place for violent offenders.”
House Bill 1407 defines violent and non-violent felonies. Delegate Habeeb will solicit input from interested parties about this throughout the legislative process, but the initial list is based largely on current Code of Virginia language and the policies of prior administrations. Habeeb will introduce at a later date the enabling legislation that typically accompanies constitutional amendments.
“There is more work to be done in order to finalize this legislative package. Fine tuning the felony classifications and establishing the right administrative processes will take help from many stakeholders,” Habeeb added. “But it is my hope that everyone can come to the table in a productive and meaningful manner to help craft this policy. I am confident we can find the best solution for Virginia.”
Summary of HJ 542
No individual shall be eligible to have his rights restored unless:
- He has completed his sentence
- He has completed all supervised and unsupervised probation
- He has paid all fines and fees, including all restitution and court costs
The General Assembly shall prescribe by law the process for the automatic restoration of political rights after an individual meets the minimum criteria above.
- Requires enabling legislation
- Non-violent felony to be defined by the General Assembly
- Governor must report particulars annually
The political rights of an individual convicted of a violent felony may have his rights restored two years after completing his sentence if he meets the minimum criteria above.
- Must apply to the Governor
- Governor must review individually (per current language & Supreme Court ruling)
- Violent felony to be defined by the General Assembly
- Allows for other limitations as prescribed by the General Assembly
- Governor must report particulars annually
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