ACLU-VA Legislative Agenda’s Portfolio

13 bills are being tracked.

Writ of actual innocence; petition by juvenile adjudicated delinquent upon felony charge. (HB1308)

Patron: Del. Greg Habeeb (R-Salem)
Status: signed by governor

The ACLU of Virginia strongly supports this bill which gives juveniles tried as adults or in courts of record the same right to file a writ of actual innocence that an adult would have.

One person has commented on this bill »

Polling place procedures; voter identification to be current, valid, and contain photograph. (HB1337)

Patron: Del. Mark Cole (R-Fredericksburg)
Status: signed by governor

The ACLU of Virginia opposes any legislation that seeks to erode the right to vote and to have that vote counted. Nothing is more fundamental in our society than the right to vote. Voter ID laws are a misguided step backwards in our democracy. Lawmakers should be seeking ways to increase access to the voting booth, not restrictions, as this bill is attempting by eliminating currently accepted forms of IDs.

There are 8 comments about this bill »

Writ of actual innocence; revises one of allegations necessary to petition. (HB1432)

Patron: Del. Dave Albo (R-Springfield)
Status: signed by governor

The ACLU of Virginia strongly supports this and other legislation that seeks to mitigate the effect of the 21 day rule depriving circuit courts of jurisdiction to hear writs of actual innocence.

There are 3 comments about this bill »

Student organizations; religious or political organizations may determine core functions, etc. (HB1617)

Patron: Del. Todd Gilbert (R-Woodstock)
Status: signed by governor

The ACLU of Virginia strongly opposes this bill because it would prohibit universities from applying neutral, generally applicable rules when prohibiting discrimination in student recognized organizations. Colleges and universities should not be required to fund and lend their names to discriminatory acts. The First Amendment protects the right of student organizations to hold and advocate whatever ideas they choose. This bill is not about free expression, but about universities' right to refrain from sponsoring discriminatory conduct. Student organizations that wish to discriminate are free to do so -- but that does not mean that they should be entitled to government recognition and funding.
One of the primary goals of public universities should be to ensure that educational opportunities are available to all. The exclusion of minorities, women, and others from officially recognized and quasi-private student organizations has, for decades, served as a powerful vehicle for perpetuating such discrimination at colleges and universities across the country. Government resources should not be used to perpetuate this sort of inequality. Finally, this bill may require public colleges and universities to provide funding and other resources to organizations that discriminate based on sex, in violation of Title IX, and that discriminate based on race or national origin, in violation of Title VI.

Be the first to comment on this bill »

Child sexual abuse cases; admission of prior sex offenses into evidence, definition of sexual abuse. (HB1766)

Patron: Del. Rob Bell (R-Charlottesville)
Status: in committee

The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in criminal sexual assault proceedings. The bill, which would allow a defendant's prior convictions to be admitted into evidence if "relevant," would overturn longstanding common law requiring a judge to make certain findings regarding the probative value and possible prejudicial effect of the evidence before admitting it. Proponents testified that the bill simply imports into Virginia law a federal rule of evidence in place since 1994. This is not, in fact, the case, and we remain hopeful the legislature will understand the substantial and important change this bill would make and the threat to due process that it represents.

Be the first to comment on this bill »

Drones; moratorium on use of unmanned aircraft systems by state or local government department, etc. (HB2012)

Patron: Del. Ben Cline (R-Amherst)
Status: enacted

The ACLU of Virginia strongly supports this legislation, which places a two year moratorium on the use of drones in Virginia. Unregulated use of drone technology by state and local government agencies threatens to eviscerate the Fourth Amendment's protection from illegal search and seizure. Additionally, without limits, the use of drones could turn the Commonwealth into a surveillance state and produce chilling effects on protected First Amendment activities. A moratorium on the use of drones allows legislators and various stakeholders, including the public, to debate and draft legislation that balances privacy protections and public safety in a reasonable manner.

Be the first to comment on this bill »

Polling place procedures; voter identification requirements, application for absentee ballot, etc. (SB719)

Patron: Sen. Dick Black (R-Leesburg)
Status: failed committee

The ACLU of Virginia opposes any legislation that seeks to erode the right to vote and to have that vote counted. Nothing is more fundamental in our society than the right to vote. Voter ID laws are a misguided step backwards in our democracy. Lawmakers should be seeking ways to increase access to the voting booth, not restrictions, as this bill is attempting by eliminating currently accepted forms of IDs.

Be the first to comment on this bill »

Women-owned and minority-owned businesses; enhancement measures. (SB781)

Patron: Sen. Don McEachin (D-Richmond)
Status: failed committee

The ACLU of Virginia supports this bill because it combats gender bias, allowing women owned businesses equal opportunity for growth.

Be the first to comment on this bill »

Student organizations; religious or political organizations may determine core functions, etc. (SB1074)

Patron: Sen. Mark Obenshain (R-Harrisonburg)
Status: signed by governor

The ACLU of Virginia strongly opposes this bill because it would prohibit universities from applying neutral, generally applicable rules when prohibiting discrimination in student recognized organizations. Colleges and universities should not be required to fund and lend their names to discriminatory acts. The First Amendment protects the right of student organizations to hold and advocate whatever ideas they choose. This bill is not about free expression, but about universities' right to refrain from sponsoring discriminatory conduct. Student organizations that wish to discriminate are free to do so -- but that does not mean that they should be entitled to government recognition and funding.
One of the primary goals of public universities should be to ensure that educational opportunities are available to all. The exclusion of minorities, women, and others from officially recognized and quasi-private student organizations has, for decades, served as a powerful vehicle for perpetuating such discrimination at colleges and universities across the country. Government resources should not be used to perpetuate this sort of inequality. Finally, this bill may require public colleges and universities to provide funding and other resources to organizations that discriminate based on sex, in violation of Title IX, and that discriminate based on race or national origin, in violation of Title VI.

Be the first to comment on this bill »

Child sexual abuse cases; prior sex offenses against children admissible in evidence. (SB1114)

Patron: Sen. Mark Herring (D-Leesburg)
Status: failed committee

The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in child sexual abuse proceedings. The bill, which would allow a defendant's prior convictions to be admitted into evidence if "relevant," would overturn longstanding common law requiring a judge to make certain findings regarding the probative value and possible prejudicial effect of the evidence before admitting it. Proponents testified that the bill simply imports into Virginia law a federal rule of evidence in place since 1994. This is not, in fact, the case, and we remain hopeful the legislature will understand the substantial and important change this bill would make and the threat to due process that it represents.

Be the first to comment on this bill »

Juveniles; alleged to be truant, development of truancy plan. (SB1194)

Patron: Sen. Kenneth Alexander (D-Norfolk)
Status: signed by governor

The ACLU of Virginia strongly supports legislation that defers court intervention for students accused of truancy, who haven’t previously been adjudicated truant, so that a comprehensive evaluation can be conducted and the student be given services to correct problems. This legislation will provide students with a second chance before entering the criminal justice system and provide necessary services.

Be the first to comment on this bill »

Voter identification requirements; photo ID required at polls, application for absentee ballot. (SB1256)

Patron: Sen. Mark Obenshain (R-Harrisonburg)
Status: signed by governor

The ACLU of Virginia strongly opposes legislation that places unnecessarily burdensome and unconstitutional identification requirements on voters at an unprecedented cost to the state. More than 21 million Americans of voting age lack documentation that would satisfy photo ID laws and a disproportionate number of these Americans are low-income, racial and ethnic minorities, and elderly. Assuming national statistics apply to Virginia, over 600,000 Virginians would be disenfranchised because they do not have a government-issued ID. There is no credible evidence that in-person voter impersonation fraud – the only type of fraud that photo IDs could prevent – is even a minor problem in Virginia. Mandatory photo-ID laws suppress the right to vote and by requiring the State Board of Elections to provide a voter registration card with a photo-ID will be costly to Virginia.

There are 7 comments about this bill »

Drones; moratorium on use of unmanned aircraft systems by state or local government department, etc. (SB1331)

Patron: Sen. Don McEachin (D-Richmond)
Status: enacted

The ACLU of Virginia strongly supports this legislation, which places a two year moratorium on the use of drones in Virginia. Unregulated use of drone technology by state and local government agencies threatens to eviscerate the Fourth Amendment's protection from illegal search and seizure. Additionally, without limits, the use of drones could turn the Commonwealth into a surveillance state and produce chilling effects on protected First Amendment activities. A moratorium on the use of drones allows legislators and various stakeholders, including the public, to debate and draft legislation that balances privacy protections and public safety in a reasonable manner.

Be the first to comment on this bill »