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2009 General Assembly Bills

1) Proposed Bills HB2225 AND HB2511 need to be addressed.
HB2225: Sex Offender and Crimes Against Minors Registry.  Provides that the State Police shall publish on the publicly available Internet sex offender database and mail to all persons for whom registration is required the text of all general laws affecting such persons solely because of their inclusion in the Registry. The State Police shall publish and mail the text of all such laws upon their enactment, if such laws are emergency acts, or upon the adjournment of the reconvened session following the regular or special session at which such laws were enacted.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb2225

HB2511: Notice to sex offenders of law changes.  Provides that, as soon as practicable following the enactment of any laws of the Commonwealth that change offender registration requirements in the Sex Offender and Crimes Against Minors Registry or affect the rights or liberties of offenders who are required to register, the State Police or the Department of Corrections or Community Supervision, as applicable, shall give written notice of such enactment to each offender who is required to register. http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb2511

Update-

• Bills HB2225 and HB 2511 died in House sub-committee on January 29, 2009.

Please write to your legislator and senator and ask them to support and pass HB2225 AND HB2511.
These bills are based on RSOL of Virginia’s plea to Virginia lawmakers to pass a Dissemination of Information Bill (see Bulletin Board posting #11).
An offender must be made aware of new laws and restrictions in order to ensure they do not inadvertently break the law.
 
We believe this will better protect all concerned and reduce the burden placed on courts prosecuting nuisance laws.

2) Please write to your legislator and senator and ask them NOT to support or pass the following proposed bills:
HB1582: Employees of home access businesses; penalty.  Requires the owner or operator of a commercial establishment that provides a service that requires the establishment's employees regularly to enter the interior area of the residence of its customers to conduct a criminal background check of employees whose regular duties can reasonably be expected to require entering the interior area of the residences of establishment's customers. Effective September 1, 2009, employers are required to complete a criminal records check on prospective employees, but an employer is not prohibited from hiring an employee on the basis of the results of the criminal records check. Employers are required to keep copies of the fingerprints and records check for such employees. Employers shall provide identification badges to employees and require the employees to wear the badge when they are expected to enter customers' homes. Violations constitute a Class 3 misdemeanor.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb1582

Update-

• Bill HB1582 died in House sub-committee on January 22, 2009.

HB1843: Civil commitment of sexually violent predators; penalties.  Makes a number of changes, including requiring that the court records for certain sexual misdemeanors be retained for 50 years rather than 10 years; allowing access to juvenile court and records of the Department of Juvenile Justice; addressing challenges to filing defects, including defendants under the Commitment Review Committee; removing the requirement that victims of certain crimes must have suffered physical bodily injury in order for certain prisoners to be referred to Commitment Review Committee; allowing access to sealed records; extending from 60 to 90 days the time for a probable cause hearing and allowing the respondent to waive his right to such hearing; setting a standard for the court to find probable cause; allowing hearings to be conducted using two-way electronic video and audio communications systems and telephonic communication for witnesses; and extending from 90 to 120 the number of days after the probable cause hearing for conduct of the trial.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb1843&Submit2=Go

Updates-

• Bill HB1843 passed the House with a “Block Vote”* on February 11, 2009. * A Block Vote means the bill wasn’t even read, it was lumped in with a batch of bills that nobody could possibly have a problem with.
• Bill HB 1843 sat in Senate committee until the very last day/moment on the evening of February 23, 2009.
• Sent to the Senate floor on February 24 and 25.
• Passed the Senate on February 28, 2009. Waiting for the Governor’s signature to become law.
• Signed by Governor Kaine and became law on July 1, 2009

We are not lawyers, but after reading the full bill we interpret it to mean:

• Removed the ability to dismiss based on administrative errors. For instance; if a Miranda violation occurs, still admissible.
• No discovery provided until after the probable cause hearing and only with court permission.
• Any expert employed or appointed by the court to evaluate the defendant shall not be able to testify in support of the defendant without 45 days prior written notice and approval by the Attorney General, the defense council and the court.
• Removed the requirement to establish assessment and treatment plan as well as risk assessment before deeming someone as a Violent Sexual Predator to be committed for an undetermined amount of time.

 

HB1862: Sex offender registry; penalties.  Provides that any failure to register is a Class 6 felony; under current law failure to register for an offense other than a sexually violent offense or murder is a Class 1 misdemeanor and a second or subsequent conviction is a Class 6 felony. The bill requires the revocation of probation or parole if a person is convicted of failure to register and is on probation or parole for a sex offense or for failure to register. The bill specifies that similar offenses in other countries and states require registration, whether they are under existing or former laws.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb1862&Submit2=Go

Update-

• Bill HB1862 died with no action by the House sub-committee on February 10, 2009.

HB1898: Sex offender registry.  Adds a number of registration requirements in order to comply with the Adam Walsh Child Protection and Safety Act of 2006. Persons required to register must submit to state or local police information relating to immigration status, telephone numbers, professional and occupational licensing, volunteer positions, physical job site locations, change in employment status, temporary lodging and motor vehicles, watercraft and aircraft regularly operated by the person. Under current law nonresident offenders must register in Virginia if they are here for employment exceeding 14 days and if they are here for any other purpose for 30 days or more, this bill reduces both time frames to seven days.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb1898

Updates-

• Bill HB1898 passed the House with a “Block Vote”* on February 4, 2009. * A Block Vote means the bill wasn’t even read, it was lumped in with a batch of bills that nobody could possibly have a problem with.
• Bill HB1898 was sent by the Senate Courts of Justice Committee on February 23, 2009 to the Virginia Crime Commission to be reviewed and reported on this summer.

HB1928: Sex offender registration requirements. Provides that any person who is required to register on the Sex Offender and Crimes Against Minors Registry be required to reregister and submit to be photographed within three days of any significant change in his appearance.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb1928

Updates-

• Bill HB1928 was amended to remove IP Addresses by the House sub-committee on January 22, 2009.
• Bill HB1928 passed the House with a “Block Vote”* on February 4, 2009.* A Block Vote, means the bill wasn’t even read, it was lumped in with a batch of bills that nobody could possibly have a problem with.
• Bill HB1928 was sent by the Senate Courts of Justice Committee on February 23, 2009 to the Virginia Crime Commission to be reviewed and reported on this summer.

HB1962: Sex Offender Registry. States that any provision in a conviction order, sentencing order, or other court order or plea agreement stating that a person is not required to register with the Sex Offender and Crimes Against Minors Registry is invalid and void ab initio if such provision is in conflict with the provisions of the Registry Act. The bill also requires the state police to report the receipt of any such order or agreement to the chairmen of the House Committee for Courts of Justice, the House Committee on Militia, Police, and Public Safety, and the Senate Committee for Courts of Justice, as well as to the Executive Secretary of the Supreme Court of Virginia.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb1962

Updates-

• Bill HB1962 passed the House with a “Block Vote”* on February 4, 2009.* A Block Vote, means the bill wasn’t even read, it was lumped in with a batch of bills that nobody could possibly have a problem with.
• Bill HB1962 was sent by the Senate Courts of Justice Committee on February 16, 2009 to the Virginia Crime Commission to be reviewed and reported on this summer.

HB2361: Sex offender registration; juveniles; school expulsion.  Requires that juveniles of any age who are adjudicated delinquent of a sexually violent offense or homicide register as a sex offender. Juveniles adjudicated delinquent of a nonviolent sex offense will remain under the current procedure, which applies to juveniles 13 years and older and allows the judge to determine if registration should be required. The bill also requires expulsion from school of juveniles required to register for sexually violent or homicide offenses.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=091&typ=bil&val=hb2361

Update-

• Bill HB2361 was withdrawn by the patron in House sub-committee on January 22, 2009.

He said, "I don't care about the juvenile offenders, all I care about is the victims. I don't care if the recidivism is only 5% or 7% or whatever; I only care about the victims." Then he said that he wasn't happy with the form of the bill, so he withdrew it.