GOVERNOR

EXECUTIVE ORDER NUMBER 13 (2014)

Sharing of Criminal History Record Information
 for Determining Eligibility for Automatic Restoration of Rights Process

Importance of the Initiative

On April 18, 2014, I announced extensive amendments to the process for automatic, individualized restoration of voting rights for rehabilitated felons who have paid their debt to society. This new policy, which will formally take effect on April 21, 2014, will ensure more transparency by providing Virginians with a defined list of the offenses that require a waiting period before an offender can apply for the restoration of their voting rights. More Virginians will be empowered to regain their rights earlier, particularly as a result of the removal of drug crimes from the list of offenses, and the change of the waiting period for rehabilitated violent offenders from five to three years.

Accordingly, pursuant to the authority vested in me under Article V of the Constitution of Virginia and under the laws of the Commonwealth, I hereby direct that the Virginia State Police and Department of Corrections share criminal history record information with the Office of the Secretary of the Commonwealth, as required, for the limited purpose of determining eligibility for automatic restoration of rights and rehabilitation.

The information shared with the Office of the Secretary of the Commonwealth shall not be used for any other purpose. The Secretary shall ensure that the information is secured and protected from further dissemination.

Effective Date of the Executive Order

This Executive Order replaces Executive Order No. 65 (2013), issued on July 15, 2013, by Governor Robert F. McDonnell. This Executive Order shall become effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 21st day of April, 2014.

/s/ Terence R. McAuliffe
Governor

EXECUTIVE ORDER NUMBER 14 (2014)

Authority of Commissioner of the Department of Motor Vehicles Regarding Escort Vehicle Driver Reciprocity and Certifications to the Federal Highway Administration

Importance of the Initiative

By virtue of the authority vested in me as Governor under Article V, Sections 1, 7, 8 and 10 of the Constitution of Virginia and Sections 2.2-103 and 2.2-104 of the Code of Virginia, and subject always to my continuing ultimate authority and responsibility to act in such matters and to reserve to myself any and all such powers, I hereby affirm and delegate to the Commissioner of the Department of Motor Vehicles the powers and duties set out below as necessary for the Commonwealth to fulfill the requirements of Code of Virginia Sections 46.2-106, 46.2-2901, and 46.2-2907. I also delegate to the Commissioner the powers and duties for the Commonwealth to fulfill the requirements of 23 USC § 141 and 23 CFR §§ 657.13 and 669.7.

The following are the duties set out to the Commissioner of the Department of Motor Vehicles:

1. Determine whether another state's escort vehicle driver certification program is substantially similar to the Commonwealth's program for such certification;

2. Execute reciprocal agreements with states, allowing certified escort vehicle drivers to operate in Virginia as provided for in Code of Virginia Sections 46.2-2901 and 46.2-2907;

3. Provide a copy of such written reciprocal agreements to the Secretary of the Commonwealth and the Superintendent of State Police;

4. Issue annual certifications to the United States Department of Transportation, Federal Highway Administration, as required by 23 CFR § 657.13; and

5. Issue annual certifications to the United States Department of Transportation, Federal Highway Administration, as required by 23 CFR § 669.7.

Effective Date of the Executive Order

This Executive Order shall be effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 23rd day of April, 2014.

/s/ Terence R. McAuliffe
Governor