Fabio
141 lines
13 KiB
Markdown
141 lines
13 KiB
Markdown
---
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type: "Bill"
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title: "Criminal records; expungement and sealing of records, repeals Sealing Fee Fund."
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description: "Criminal records; expungement and sealing of records. Amends numerous statutes related to the expungement and sealing of criminal records that are scheduled to become effective on July 1, 2025. In addition, the bill requires (i) the Department of State Police to develop a secure portal by October 1, 2026, for the purpose of allowing government agencies to determine whether a record has been sealed prior to responding to a request pursuant to current law; (ii) the Virginia Indigent Defense Commission to (a) educate and provide support to public defenders and certified court-appointed counsel on expungement and sealing, (b) conduct trainings on expungement and sealing across the Commonwealth, (c) develop a library of resources on expungement and sealing for use by public defenders and court-appointed counsel, and (d) post information regarding expungement and sealing for use by the public on its website; and (iii) the Department of State Police, Department of Motor Vehicles, Office of the Executive Secretary of the Supreme Court of Virginia, and clerk of any circuit court to provide data and information on sealing upon request of the Virginia State Crime Commission for purposes of monitoring and evaluating the implementation and impact of the sealing processes. The bill also directs (1) the Office of the Executive Secretary of the Supreme Court of Virginia to collect data related to petitions filed pursuant to relevant law, (2) the Virginia State Crime Commission to analyze data and information collected on automatic and petition sealing and report to the General Assembly by the first day of the 2026 Regular Session, and (3) the Virginia State Crime Commission to continue its study on the sealing of criminal records and report its work to the General Assembly by the first day of the 2026 Regular Session.The bill repeals the Sealing Fee Fund and directs any money in such Fund to be reverted to the general fund. The bill contains a delayed effective date of July 1, 2026, for the provisions related to the sealing of former possession of marijuana offenses without entry of a court order and the sealing of charges and convictions related to automatic sealing and such petitions. Lastly, the bill delays the repeal of the relevant law related to marijuana possession, limits on dissemination of criminal history record information, and prohibited practices by employers, educational institutions, and state and local governments until July 1, 2026. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1466."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2025"
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identifier: "HB 2723"
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citation: "Virginia HB 2723 (2025)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Charniele L. Herring"]
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version_count: 12
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action_count: 60
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vote_count: 14
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first_action: "2025-01-17"
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last_action: "2025-04-02"
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source: "openstates"
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source_identifier: "ocd-bill/07693344-90e1-4555-a3a2-71098e45ae6a"
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source_url: "https://lis.virginia.gov/bill-details/20251/HB2723"
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source_hash: "9de16b818f90e52e9083bbbe3367acacb9f02296a01f6934785ce8a13e74741d"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia HB 2723 (2025) — Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.
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Criminal records; expungement and sealing of records. Amends numerous statutes related to the expungement and sealing of criminal records that are scheduled to become effective on July 1, 2025. In addition, the bill requires (i) the Department of State Police to develop a secure portal by October 1, 2026, for the purpose of allowing government agencies to determine whether a record has been sealed prior to responding to a request pursuant to current law; (ii) the Virginia Indigent Defense Commission to (a) educate and provide support to public defenders and certified court-appointed counsel on expungement and sealing, (b) conduct trainings on expungement and sealing across the Commonwealth, (c) develop a library of resources on expungement and sealing for use by public defenders and court-appointed counsel, and (d) post information regarding expungement and sealing for use by the public on its website; and (iii) the Department of State Police, Department of Motor Vehicles, Office of the Executive Secretary of the Supreme Court of Virginia, and clerk of any circuit court to provide data and information on sealing upon request of the Virginia State Crime Commission for purposes of monitoring and evaluating the implementation and impact of the sealing processes. The bill also directs (1) the Office of the Executive Secretary of the Supreme Court of Virginia to collect data related to petitions filed pursuant to relevant law, (2) the Virginia State Crime Commission to analyze data and information collected on automatic and petition sealing and report to the General Assembly by the first day of the 2026 Regular Session, and (3) the Virginia State Crime Commission to continue its study on the sealing of criminal records and report its work to the General Assembly by the first day of the 2026 Regular Session.The bill repeals the Sealing Fee Fund and directs any money in such Fund to be reverted to the general fund. The bill contains a delayed effective date of July 1, 2026, for the provisions related to the sealing of former possession of marijuana offenses without entry of a court order and the sealing of charges and convictions related to automatic sealing and such petitions. Lastly, the bill delays the repeal of the relevant law related to marijuana possession, limits on dissemination of criminal history record information, and prohibited practices by employers, educational institutions, and state and local governments until July 1, 2026. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1466.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1022270.PDF)
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2. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1079163.PDF)
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3. **Conference Report** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1067827.HTML)
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4. **Conference Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1067840.PDF)
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5. **Courts of Justice Subcommittee Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1031432.PDF)
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6. **Courts of Justice Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1033486.PDF)
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7. **Courts of Justice Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1046041.PDF)
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8. **Criminal Substitute Offered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1029542.PDF)
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9. **Finance and Appropriations Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1054390.PDF)
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10. **Governor's Recommendation** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1073790.HTML)
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11. **Reenrolled** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1074954.PDF)
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12. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1069159.PDF)
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## Votes
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- Read third time and passed House (89-Y 7-N) — **89–7** (pass) · lower
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- Senate substitute rejected by House (0-Y 97-N) — **0–97** (fail) · lower
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- Conference report agreed to by Senate (28-Y 12-N) — **28–12** (pass) · upper
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- Senate concurred in Governor's recommendation (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Appropriations (15-Y 7-N) — **15–7** (pass) · lower
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- Reported from Courts of Justice with substitute and rereferred to Appropriations (14-Y 8-N) — **14–8** (pass) · lower
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- Conference report agreed to by House (98-Y 0-N) — **98–0** (pass) · lower
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- House concurred in Governor's recommendation (96-Y 0-N) — **96–0** (pass) · lower
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- Senate insisted on amendment (39-Y 0-N) — **39–0** (pass) · upper
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- Constitutional reading dispensed (on 2nd reading) (39-Y 0-N) — **39–0** (pass) · upper
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- Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 5-N) — **10–5** (pass) · upper
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- Passed Senate with substitute (23-Y 16-N) — **23–16** (pass) · upper
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- Reported from Finance and Appropriations with substitute (10-Y 4-N) — **10–4** (pass) · upper
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- Subcommittee recommends reporting with substitute and rereferred to Appropriations (7-Y 1-N) — **7–1** (pass) · lower
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## Sponsors
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- Charniele L. Herring — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-01-17** Presented and ordered printed 25103269D `introduction`
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- **2025-01-17** Referred to Committee for Courts of Justice `referral-committee`
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- **2025-01-25** Assigned Courts sub: Criminal `referral-committee`
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- **2025-01-27** Fiscal Impact Statement from Department of Planning and Budget (HB2723)
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- **2025-01-27** Subcommittee recommends reporting with substitute and referring to Appropriations (7-Y 1-N) `substitution`
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- **2025-01-29** Reported from Courts of Justice with substitute and referred to Appropriations (14-Y 8-N) `committee-passage`
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- **2025-01-29** Committee substitute printed 25106370D-H1 `substitution`
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- **2025-01-30** Assigned Approps sub: General Government and Capital Outlay `referral-committee`
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- **2025-01-31** Reported from Appropriations (15-Y 7-N) `committee-passage`
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- **2025-02-02** Read first time `reading-1`
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- **2025-02-03** Read second time `reading-2`
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- **2025-02-03** Courts of Justice Substitute agreed to
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- **2025-02-03** Engrossed by House - committee substitute `substitution`
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- **2025-02-04** Read third time and passed House (89-Y 7-N) `passage, reading-3`
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- **2025-02-05** Constitutional reading dispensed (on 1st reading)
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- **2025-02-05** Referred to Committee for Courts of Justice `referral-committee`
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- **2025-02-10** Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 5-N) `committee-passage`
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- **2025-02-11** Committee substitute printed 25107028D-S1 `substitution`
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- **2025-02-14** Fiscal Impact Statement from Department of Planning and Budget (HB2723)
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- **2025-02-14** Reported from Finance and Appropriations with substitute (10-Y 4-N) `committee-passage`
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- **2025-02-17** Committee substitute printed 25107595D-S2 `substitution`
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- **2025-02-17** Rules suspended
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- **2025-02-17** Constitutional reading dispensed (on 2nd reading) (39-Y 0-N)
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- **2025-02-17** Passed by for the day
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- **2025-02-18** Passed by for the day
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- **2025-02-19** Read third time `reading-3`
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- **2025-02-19** Courts of Justice Substitute rejected
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- **2025-02-19** Reading of substitute waived
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- **2025-02-19** Finance and Appropriations Substitute agreed to
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- **2025-02-19** Engrossed by Senate - committee substitute `substitution`
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- **2025-02-19** Passed Senate with substitute (23-Y 16-N) `passage`
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- **2025-02-20** Senate substitute rejected by House (0-Y 97-N)
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- **2025-02-20** Senate insisted on substitute (39-Y 0-N) `substitution`
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- **2025-02-20** Senate requested conference committee `referral-committee`
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- **2025-02-20** House acceded to request
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- **2025-02-20** Conferees appointed by Senate
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- **2025-02-20** Senators: Surovell, Lucas, Obenshain
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- **2025-02-20** Conferees appointed by House
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- **2025-02-20** Delegates: Herring, Hope, Gilbert
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- **2025-02-22** Amended by conference committee
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- **2025-02-22** Conference substitute printed 25108063D-H2
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- **2025-02-22** Conference report agreed to by House (98-Y 0-N) `committee-passage-favorable`
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- **2025-02-22** Conference report agreed to by Senate (28-Y 12-N) `committee-passage-favorable`
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- **2025-03-07** Enrolled `enrolled`
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- **2025-03-07** Bill text as passed House and Senate (HB2723ER) `passage`
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- **2025-03-07** Signed by Speaker `passage`
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- **2025-03-10** Signed by President `passage`
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- **2025-03-11** Enrolled Bill communicated to Governor on March 11, 2025 `enrolled, executive-receipt`
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- **2025-03-11** Governor's Action Deadline 11:59 p.m., March 24, 2025 `executive-receipt`
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- **2025-03-12** Fiscal Impact Statement from Department of Planning and Budget (HB2723)
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- **2025-03-24** Governor's recommendation received by House `executive-veto-line-item`
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- **2025-04-02** House concurred in Governor's recommendation (96-Y 0-N)
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- **2025-04-02** Senate concurred in Governor's recommendation (40-Y 0-N)
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- **2025-04-02** Governor's recommendation adopted `executive-signature`
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- **2025-04-02** Reenrolled `enrolled`
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- **2025-04-02** Reenrolled bill text (HB2723ER2) `enrolled`
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- **2025-04-02** Signed by Speaker as reenrolled `enrolled, passage`
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- **2025-04-02** Signed by President as reenrolled `enrolled, passage`
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- **2025-04-02** Enacted, Chapter 671 (Effective - see bill) `became-law`
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- **2025-04-02** Acts of Assembly Chapter text (CHAP0671)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/07693344-90e1-4555-a3a2-71098e45ae6a`. Confidence: reported (aggregated from official Virginia legislature records).
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