DIVISION OF LEGISLATIVE SERVICES
VIRGINIA LEGISLATIVE ISSUE BRIEF
Number 26 December 2001

2002 SESSION: General Assembly Issues

Business - Campaigns/Elections - Constitutional Amendments - Courts -
Education - Finance/Taxation - Health - Local Government -
Mental Health - Natural Resources - Transportation - Virginians with Disabilities

Constitutional Amendments

Pending Constitutional Amendments

Two constitutional amendments approved by the 2001 General Assembly will be voted up or down by the new General Assembly. If the 2002 Session agrees to these proposals, they will be put on the ballot for voter approval at the November 2002 election.

The first proposed amendment allows the Supreme Court to hear, as part of its original jurisdiction, claims of actual innocence presented by convicted felons in the cases and manner provided by the General Assembly. The 2001 General Assembly passed legislation for court review of claims of innocence based on newly discovered evidence that will not take effect until November 15, 2002, after the time for final action on the proposed constitutional amendment.

The second proposal will allow local governing bodies to grant tax exemptions by local ordinance for property used for charitable and certain other purposes subject to the restrictions and conditions set by general law. The present Constitution allows the General Assembly to exempt such property by classification or by designation by a three-fourths vote in each house.

Additional Constitutional Amendments

The 2002 legislature may propose new amendments for final action in 2004. Prefiled House Joint Resolution 1 leads the list and allows the Governor to serve two successive terms. Other possibilities relate to the restoration of voting rights to felons under procedures established by statute, postponed elections in emergency situations, and the effective dates for redistricting measures.

Mary R. Spain

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