2011 General Assembly Bills


HB1487- Criminal Sexual Assault Coupled with a Violent Felony; Venue Relating Thereto

Sponsor/Patron - Del. Patrick Hope (D-Arlington)
Co-Sponsor(s) -

Brief Explanation/Summary:
Venue for criminal sexual assault coupled with a violent felony. Provides that venue for the trial of any person charged with committing or attempting to commit (i) a crime against nature, the crime of taking indecent liberties with a child, or a criminal sexual assault under Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2 and (ii) any violent felony as defined in 17.1-805 or 19.2-297.1 arising out of the same incident, occurrence, or transaction may be had in the county or city in which any such crime is alleged to have occurred or in any county or city through which the victim was transported by the defendant prior to the commission of such offense.

Read Full Text or Track Status:
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=111&typ=bil&val=hb1487

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1487/

Bill Status:

  • 12/13/10 – HB1487 Introduced
  • 12/27/10 – The RSOL of Virginia, is Monitoring HB1487
  • 12/10/10 – Referred to the House Courts of Justice Committee
  • 01/10/11 House: Assigned Courts sub: #1 Criminal
  • 01/17/11 House: Subcommittee recommends laying on the table by voice vote
  • 02/02/11 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
  • 02/04/11 House: Reported from Courts of Justice with substitute (21-Y 0-N)
  • 02/06/11 House: Read first time
  • 02/07/11 House: Read second time, Committee substitute agreed to 11105089D-H1, Engrossed by House
  • 02/08/11 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
  • 02/09/11 Senate: Constitutional reading dispensed
  • 02/09/11 Senate: Referred to Committee for Courts of Justice
  • 02/11/11 Senate: Assigned Courts sub: Criminal
  • 02/16/11 Senate: Reported from Courts of Justice (10-Y 0-N)
  • 02/18/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/21/11 Senate: Read third time, Passed Senate (40-Y 0-N)
  • 02/25/11 House: Enrolled, Bill text as passed House and Senate (HB1487ER)
  • 02/26/11 House: Signed by Speaker
  • 02/28/11 Senate: Signed by President
  • 03/26/11 House: Governor's recommendation received by House
  • 04/05/11 House: Placed on Calendar
  • 04/06/11 House: House concurred in Governor's recommendation (99-Y 0-N)
  • 04/06/11 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/06/11 Governor: Governor's recommendation adopted

HB1523- Sex Offenders; Prohibiting Entry onto School Grounds or Other Property, Penalty.
Sponsor/Patron - Del. Steve Landes (R-Weyers Cave)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offenses prohibiting entry onto school or other property; penalty. Expands the prohibition on entry onto school grounds by any adult convicted of a sexually violent offense to include (i) any school bus as defined in 46.2-100; (ii) any designated school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity or within 150 feet of the school bus stop; or (iii) any property, public or private, during hours when such property is being used solely by a public or private elementary or secondary school for a school-related or school-sponsored activity. A violation is punishable as a Class 6 felony.

Read Full Text or Track Status:
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=111&typ=bil&val=HB1523

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1523/

Bill Status:

  • 12/17/10 – HB1523 Introduced
  • 12/27/10 – The RSOL of Virginia, Opposes HB1523 in it’s current state
  • 12/17/10 – Referred to the House Committee on Education
  • 01/07/11 – The RSOL of Virginia has contacted Delegate Landes’ office about HB1523 to inquire what inspired the bill. We were told that the Commonwealth Attorney asked him for the bill. Delegate Landes’ office has asked the CA to contact us with more information about the reasoning behind it.
  • 01/11/11 – This bill is outrageous and the number of possible scenarios where a registered offender would be committing a Class 6 Felony and not even know it, is unimaginable. Students selling donuts outside the grocery store, students using a few lanes at the local bowling alley that an offender plays in a league with or is there with their own children bowling, the gas station on the corner with a car wash. God help you if you live on a street with one entrance and exit and the bus stop is at the entrance/exit, house-arrest is definitely punitive! What if you don't know where the bus stops are? Will the school districts give out maps of the bus stops to all the offenders so they can avoid those areas? We don't think so.
  • 02/03/11 House: Referred from Courts of Justice by voice vote
  • 02/03/11 House: Referred to Committee on Appropriations
  • 02/08/11 House: Left in Appropriations
  • 02/08/11 HB1523 has “died on the vine” for 2011

HB1579- Sex Offender Registry; Penalties When Registrants Do Not Disclose All Real Property Owned in the State

Sponsor/Patron - Del. Rosalyn Dance (D-Petersburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offender registry; penalties. Requires registrants to disclose all real property owned in the Commonwealth, including property that they own jointly or through a corporation or partnership. If registrant owns 50 percent or greater ownership interest in a corporation that owns real property, or is either a managing member of a limited liability corporation or a general partner of a partnership that owns real property.
Access to the real property information must be available on the State Police maintained website. Any search of the system by county, city, address, zip code or similar property characteristic shall include all real property owned by the offender and such properties shall be retrieved and displayed as part of the results of the search.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb1579

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1579/

Bill Status:

  • 01/05/11 – HB1579 Introduced
  • 01/06/11 – The RSOL of Virginia, Opposes HB1579 in it’s current state
  • 01/06/11 – Referred to the House Committee on Militia, Police and Public Safety
  • 01/07/11 – The RSOL of Virginia has contacted Delegate Dance’s office about HB1579 to inquire what inspired the bill. We were told that Dinwiddie County Administration requested the bill. We’ve also learned what inspired the bill and that the current statute for registration of residential address already takes care of their concern, so this bill is not really needed. We’ve asked Delegate Dance to consider an amendment to this bill to fix what might be considered a small loophole in the existing statute to achieve the intent of the bill but as currently worded the RSOL of Virginia will Oppose HB1579 because it is extremely overreaching, it has unintended consequences and it will cost the State a lot of money.
  • 01/12/11 – The RSOL of Virginia has heard back from Delegate Dance’s office and Dinwiddie County does not want any amendment made to this bill so Delegate Dance must proceed with the request of her constituent. We thanked her for being open to the idea of amending the bill as we had suggested so that the bill would actually do what Dinwiddie wanted with out any unintended consequences or costing the state huge amounts of money. The RSOL of Virginia will proceed with opposing HB1579.
  • 01/28/11 – The RSOL of Virginia was present to oppose HB1579 but before we had the chance the Delegate offered an amendment to change the bill from any property “owned by” to “any residence where an offender stays 7 or more days in a calendar year”. This means if you stay at your girlfriend or parents house every few nights or every other weekend you will need to register that address as a secondary address. Or if any vacationing out-of-state offender comes to Virginia on their 7th day in a hotel, condo, beach house, cabin or family member’s home they will need to register that address.

    This bill is now SIGNIFICANTLY better than the original bill and in the end just closes a “loophole” that existed. So after the amendment was submitted the RSOL of Virginia no longer opposed this bill and we thanked the Delegate publically for making it a bill that targeted a “loophole” instead of property owners and confusing the public with numerous addresses.
  • 01/28/11 House: Referred to Committee on Appropriations
  • 01/31/11 House: Assigned App. sub: Public Safety
  • 02/01/11 The RSOL of Virginia sent an email to the patron about the new verbiage in the amendment being too vague. We offered up three options to make the new requirement better.
  • 02/01/11 The RSOL of Virginia sent an email to the entire Appropriations Committee expressing our new concerns and how this could financially affect the State.
  • 02/02/11 House: Subcommittee recommends laying on the table by voice vote
  • Finished for the 2011 session

HJ561- Global Human Trafficking Awareness Day; designating as January 11, 2011, and each succeeding year

Sponsor/Patron - Del. Kaye Kory (D-Falls Church)
Co-Sponsor(s) - Del. Adam P. Ebbin (chief co-patron) David L. Bulova, Barbara J. Comstock, Eileen Filler-Corn, Charniele L. Herring, Timothy D. Hugo, Mark L. Keam, Jennifer L. McClellan, Kenneth R. Plum, Mark D. Sickles, Scott A. Surovell, Luke E. Torian, Jeion A. Ward, Vivian E. Watts, Sen. Janet D. Howell and Sen. Linda T. Puller

Brief Explanation/Summary:
Designating January 11, in 2011 and in each succeeding year, as Global Human Trafficking Awareness Day in Virginia

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=HJ561&Submit2=Go

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hj561/

Bill Status:

  • 01/05/11 – HJ561 Introduced
  • 01/06/11 – The RSOL of Virginia, is Monitoring HJ561
  • 01/05/11 House: Referred to Committee on Rules
  • 01/18/11 House: Reported from Rules (15-Y 0-N)
  • 01/21/11 House: Taken up, Engrossed, Agreed to by House BLOCK VOTE (94-Y 0-N)
  • 01/21/11 House: VOTE: BLOCK VOTE ADOPTION (94-Y 0-N)
  • 01/24/11 Senate: Reading waived, Referred to Committee on Rules
  • 02/14/11 Senate: Assigned Rules sub: #1
  • 02/18/11 Senate: Reported from Rules by voice vote
  • 02/21/11 Senate: Reading waived (39-Y 0-N)
  • 02/22/11 Senate: Read third time
  • 02/22/11 Senate: Agreed to by Senate by voice vote

SB 807- Commercial Vehicles; Persons Required to Register with the Sex Offender and Crimes Against Minors Registry

Sponsor/Patron - Sen. Mark Obenshain (R-Harrisonburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Commercial vehicles; persons required to register with the Sex Offender and Crimes Against Minors Registry. Prohibits persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required from (1) driving school buses and passenger-carrying commercial vehicles and (2) being issued commercial driver's licenses and instruction permits to drive school buses and passenger-carrying commercial vehicles.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+SB807

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb807/

Bill Status:

  • 01/06/11 – SB807 Introduced
  • 01/06/11 – The RSOL of Virginia, Opposes SB807 in it’s current state
  • 01/06/11 – Referred to the Senate Committee on Transportation
  • 01/07/11 – The RSOL of Virginia has contacted Senator Obenshain’s office about SB807 to inquire what inspired the bill. We were told that a school district somehow hired a registered offender as a school bus driver. We pointed out that current state laws prohibit any registered offender from working for a school district so if this occurred it’s because the school district did not follow current law and school district procedures.
  • The RSOL of Virginia supports the portion of SB807 that prohibits registered sex offenders from driving school buses. But, the RSOL of Virginia does NOT support the portion of the bill that includes ANY passenger-carrying commercial vehicles. We’ve asked for an amendment removing that portion OR if they will not remove that portion to make it anyone with any felony conviction instead of continually targeting registered offenders by limiting their employment options when the recidivism rates for Sexual assaults are the lowest of ANY other crime. If the wording of SB807 is not altered we will Oppose it.
  • 01/12/11 – The RSOL of Virginia has contacted Senator Obenshain’s office and made another suggestion that would cost the transportation companies some expense upfront but in the end it would not only prevent sexual assaults by employees but by other patrons and could assist with solving and prosecuting other crimes like theft, underage drinking and other criminal activity in their vehicles.
  • 01/13/11 Senate: Rereferred from Transportation (13-Y 0-N)
  • 01/13/11 Senate: Rereferred to Courts of Justice Committee
  • 01/18/11 Senate: Assigned Courts sub: Criminal
  • 01/27/11 –The RSOL of Virginia sent our opposition statement for SB807 to the full committee.
  • 01/27/11 – The Senate Sub-Committee recommended sending a letter to the Virginia Crime Commission looking into this issue.
  • 01/30/11- The RSOL of Virginia received a phone call that Senator Obenshain did not want his bill tabled but that a Senator on the Courts of Justice Committee and a lobbyist who asked for the two commercial driver’s license bills convinced him it was the best thing to do knowing that Virginia needs to look at creating a 3-Tiered system and SJ348 is already heading to the VCC. Wahooooo!
  • 01/31/11 Senate: Passed by indefinitely in Courts of Justice with letter to the Virginia Crime Commission to look into this issue (14-Y 0-N)
  • Finished for the 2011 session

HB1628- Sex Offender Registry; Registration and Reregistration.

Sponsor/Patron - Del. Vivian Watts (D-Annandale)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offender registry; registration and reregistration. Makes procedural changes to some of the registration and reregistration procedures set forth in the Sex Offender and Crimes Against Minors Registry Act. Where current law requires registration or reregistration to take place within three days, the bill clarifies that this means business days. The bill also specifies that when a person is required to reregister within 30 minutes of a change to an electronic mail or Internet communication identity, and such reregistration takes place electronically, the reregistration is deemed to have occurred when the person sent the update, and not when it was received or opened by the law-enforcement agency. Finally, the bill requires the Department of State Police to develop a system for allowing electronic reregistration of email and other Internet communication identity information. Current law allows this to be done electronically, but no system exists to implement the provision.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb1628&Submit2=Go

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1628/

Bill Status:

  • 01/10/11 – HB1628 Introduced
  • 01/10/11 – The RSOL of Virginia, Supports HB1628. This bill was submitted by Delegate Watts by our request. HB1628 will now make compliance achievable. The current statute requiring 30 minutes to register all e-mail and IM address changes in-person can not be accomplished. Many offenders live hours from a VSP barracks and the baracks are only open Mon-Fri 9AM-5PM. Also the rewording of the current statute of address, phone number, employment and vehicle registration within 3 days to 3 business days will now mean you are not out of compliance because of weekends and holidays when the VSP barracks are not open. These two changes are purely administrative but they mean everyone can comply with the law because the system would now allow you to comply, as today it does not. This is a great bill!
  • 01/12/11 – Referred to the House Committee on Militia, Police and Public Safety
  • 01/28/11 – The RSOL of Virginia was present to speak in support of HB1628. One amendment was made; instead of the law beginning on July 1, 2011 it will be September 1, 2011 so that the VSP can set-up an e-mail address and phone number for this information to be registered.
  • 01/28/11 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
  • 01/28/11 House: Subcommittee recommends referring to Committee on Appropriations
  • 01/28/11 House: Reported from Militia, Police and Public Safety with substitute (21-Y 0-N)
  • 01/28/11 House: Referred to Committee on Appropriations
  • 01/31/11 House: Assigned App. sub: Public Safety
  • 02/02/11 House: Subcommittee recommends laying on the table by voice vote, which makes no sense. There was no cost to HB1628. All that had to be done was an e-mail address set up and posting that e-mail address and a phone number on the VSP website. We have our suspicions about this bill being tabled on the same day HB1579 was tabled after we raised concerns about HB1579.
  • HB1628 is finished for the 2011 session
  • The RSOL of Virginia will not give up on these 2 extremely important changes that HB1628 would have fixed. We’ll try again next year.

HB1698- Sexually Violent Predators

Sponsor/Patron - Del. Clifford Athey (R-Front Royal)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sexually violent predators. Establishes a procedure for rescission of a respondent's refusal to participate with a mental health examination and makes clear that a sheriff who is transporting a respondent for purposes of a hearing or annual review is not required to keep the respondent segregated by sight and sound from other prisoners.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB1698

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1698/

Bill Status:

  • 01/10/11 – HB1698 Introduced
  • 01/11/11 – The RSOL of Virginia, is Monitoring HB1698
  • 01/11/11 House: Referred to Committee for Courts of Justice
  • 01/14/11 House: Assigned Courts sub: #1 Criminal
  • 01/26/11 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
  • 02/02/11 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
  • 02/04/11 House: Reported from Courts of Justice with substitute (21-Y 0-N)
  • 02/06/11 House: Read first time
  • 02/07/11 House: Read second time ,substitute agreed to 11104773D-H1, engrossed by House
  • 02/08/11 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
  • 02/09/11 Senate: Constitutional reading dispensed
  • 02/09/11 Senate: Referred to Committee for Courts of Justice
  • 02/11/11 Senate: Assigned Courts sub: Civil
  • 02/13/11 Article by Associated Press published on this bill.
    Some Say Proposal Could Threaten Constitutionality of Va's Program to Detain Sex Offenders:
    http://www.wtop.com/category/Virginia/20110213/Some-say-proposal-threatens-Va.-offender-commitment/
    Senate OKs Bill on Detaining Sex Offenders:
    http://hamptonroads.com/2011/02/senate-oks-bill-detaining-sex-offenders
    The RSOL of Virginia had so many bills to oppose this General Assembly we were unable to take a stance on HB1698 and SB1275.
    Per the current article it sounds like Delegate Rob Bell realizes how shaky the entire civil commitment situation is and Delegate Dave Albo hits the nail on the head.
    VCBR resident Mike Holzmiller is a RSOL of Virginia Supporter and he took matters into his own hands when we just didn't have the resources to go after these 2 bills and it sounds like other residents of the VCBR did too.
    Speaking out to the media and to Legislators makes a difference and puts a light on questionable bills. We are so please Mike and the other residents did such a great job.
    Now that the GA workload is significantly less, the RSOL of Virginia will try to be present when these 2 bills are heard in the opposing chambers.
  • 02/21/11 Senate: Reported from Courts of Justice (15-Y 0-N)
  • 02/22/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/23/11 Senate: Read third time
  • 02/23/11 Senate: Passed Senate (40-Y 0-N)
  • HB1698 goes to the Governor to be signed into law
  • 03/24/11 Governor: Approved by Governor-Chapter 448 (effective 7/1/11)
  • 03/24/11 Governor: Acts of Assembly Chapter text (CHAP0448)
  • Becomes Law in Virginia on 07/01/11

HJ594- Study; Additional Criminal Information Registries; Report

Sponsor/Patron - Del. Charles Carrico (R-Galax)
Co-Sponsor(s) - Del. James Scott

Brief Explanation/Summary:
Study; additional criminal information registries; report. Establishes a joint subcommittee to study the efficacy of the establishment of additional registries similar to the Sex Offender and Crimes Against Minors Registry that would contain criminal justice information for use by the public in making informed decisions regarding their family members.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HJ594

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hj594/

Bill Status:

  • 01/10/11 – HJ594 Introduced
  • 01/11/11 – The RSOL of Virginia, is Monitoring HJ594
  • 01/18/11 House: Assigned Rules sub: #3 Studies
  • 01/27/11 House: Subcommittee recommends laying on the table by voice vote
  • 02/08/11 House: Left in Rules
  • Finished for the 2011 session

HB1733- Commercial Vehicles; Persons Required to Register with the Sex Offender and Crimes Against Minors

Sponsor/Patron - Del. Charles Carrico (R-Galax)
Co-Sponsor(s) -

Brief Explanation/Summary:
Commercial vehicles; persons required to register with the Sex Offender and Crimes Against Minors Registry. Prohibits persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required from (1) driving school buses and passenger-carrying commercial vehicles and (2) being issued commercial driver's licenses and instruction permits to drive school buses and passenger-carrying commercial vehicles.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb1733&Submit2=Go

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1733/

Bill Status:

  • 01/10/11 – HB1733 Introduced
  • 01/11/11 – The RSOL of Virginia has contacted Delegate Carrico’s office about HB1733 to inquire what inspired the bill. The RSOL of Virginia supports the portion of HB1733 that prohibits registered sex offenders from driving school buses. But, the RSOL of Virginia does NOT support the portion of the bill that includes ANY passenger-carrying commercial vehicles.
  • 01/12/11 – The RSOL of Virginia has contacted Delegate Carrico’s office and made another suggestion that would cost the transportation companies some expense upfront but in the end it would not only prevent sexual assaults by employees but by other patrons and could assist with solving and prosecuting other crimes like theft, underage drinking and other criminal activity in their vehicles.
  • 01/10/11 House: Referred to Committee on Transportation
  • 01/18/11 House: Referred from Transportation by voice vote
  • 01/18/11 House: Referred to Committee for Courts of Justice
  • 01/21/11 HB1733 was rolled into identical Bill HB2026, so HB1733 is done for 2011.

HB1747- Possession of Child Pornography by Law Enforcement

Sponsor/Patron - Del. Vivian Watts (D-Annandale)
Co-Sponsor(s) -

Brief Explanation/Summary:
Possession of child pornography by law enforcement. Provides that an employee of a law-enforcement agency may lawfully possess child pornography for a bona fide law-enforcement purpose and that the provisions of the bill are declarative of existing law.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB1747

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1747/

Bill Status:

  • 01/11/11 – HB1747 Introduced
  • 01/12/11 – The RSOL of Virginia, is Monitoring HB1747
  • 01/18/11 House: Referred from Transportation by voice vote
  • 01/18/11 House: Referred to Committee for Courts of Justice
  • 01/11/11 House: Referred to Committee for Courts of Justice
  • 01/14/11 House: Assigned Courts sub: #1 Criminal
  • 01/17/11 House: Subcommittee recommends reporting (8-Y 0-N)
  • 01/19/11 House: Reported from Courts of Justice (22-Y 0-N)
  • 01/21/11 House: Read first time
  • 01/24/11 House: Read second time and engrossed
  • 01/25/11 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
  • 01/25/11 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
  • 01/26/11 Senate: Constitutional reading dispensed
  • 01/26/11 Senate: Referred to Committee for Courts of Justice
  • 02/09/11 Senate: Reported from Courts of Justice with amendment (11-Y 0-N)
  • 02/11/11 Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/14/11 Senate: Read third time, reading of amendment waived, committee amendment agreed to and engrossed by Senate as amended
  • 02/14/11 Senate: Passed Senate with amendment (40-Y 0-N)
  • 02/15/11 House: Placed on Calendar
  • 02/16/11 House: Passed by for the day
  • 02/17/11 House: Senate amendment agreed to by House (98-Y 0-N)
  • 02/23/11 House: Enrolled, bill text as passed House and Senate (HB1747ER)
  • 02/23/11 House: Signed by Speaker
  • 02/23/11 Senate: Signed by President
  • HB1747 goes to the Governor to be signed into law
  • 03/23/11 Governor: Approved by Governor-Chapter 399 (effective 7/1/11)
  • 03/23/11 Governor: Acts of Assembly Chapter text (CHAP0399)
  • Becomes Law in Virginia on 07/01/11

SB927- Sex Offender Registry; Affidavits

Sponsor/Patron - Sen. Ryan McDougle (R-Mechanicsville)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offender registry; affidavits. Clarifies several provisions regarding the use of an affidavit in a criminal proceeding for failure to register as a sex offender. The bill makes it clear that the Melendez-Diaz procedures do not have to be followed for a preliminary hearing and that in preliminary hearings the Commonwealth is not responsible for summoning the custodian of the records issuing the affidavit.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+SB927

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb927/

Bill Status:

  • 01/11/11 – SB927 Introduced
  • 01/12/11 – The RSOL of Virginia, is Monitoring SB927
  • 01/10/11 Senate: Referred to Committee for Courts of Justice
  • 01/12/11 Senate: Assigned Courts sub: Criminal
  • 01/19/11 Senate: Reported from Courts of Justice with amendment (15-Y 0-N)
  • 01/21/11 Senate: Constitutional reading dispensed (35-Y 0-N)
  • 01/24/11 Senate: Read second time, Reading of amendment waived
  • 01/24/11 Senate: Committee amendment agreed to, Engrossed by Senate as amended SB927E
  • 01/24/11 Senate: Printed as engrossed 11100976D-E
  • 01/25/11 Senate: Read third time and passed Senate (39-Y 0-N)
  • 02/07/11 House: Placed on Calendar
  • 02/07/11 House: Read first time
  • 02/07/11 House: Referred to Committee for Courts of Justice
  • 02/07/11 House: Assigned Courts sub: #1 Criminal
  • 02/16/11 House: Subcommittee recommends reporting (9-Y 0-N)
  • 02/21/11 House: Reported from Courts of Justice (22-Y 0-N)
  • 02/23/11 House: Read second time
  • 02/24/11 House: Read third time
  • 02/24/11 House: Passed House BLOCK VOTE (98-Y 0-N)
  • 02/24/11 House: Reconsideration of House passage agreed to by House
  • 02/24/11 House: Passed House BLOCK VOTE (99-Y 0-N)
  • 02/24/11 House: VOTE: PASSAGE #2 (99-Y 0-N)
  • SB927 goes to the Governor to be signed into law
  • 03/18/11 Governor: Approved by Governor-Chapter 285 (effective 7/1/11)
  • 03/18/11 Governor: Acts of Assembly Chapter text (CHAP0285)
  • Becomes Law in Virginia on 07/01/11

HB1823- Sex Offenses Prohibiting Residing in Proximity to Children; Penalty

Sponsor/Patron - Del. Glenn Oder (R –Newport News)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offenses prohibiting residing in proximity to children; penalty. Prohibits an adult convicted of certain sex offenses (after July 1, 2011) from living within 500 feet of a playground, recreation center, athletic field or facility, or public pool. A violation is a Class 6 felony and there is an exception if the playground, recreation center, athletic field or facility, or public pool was established subsequent to the offender's conviction.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb1823

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1823/

Bill Status:

  • 01/11/11 – HB1823 Introduced
  • 01/11/11 – There is no definition of playground or recreation center so this bill could include an unending list of places “off limits”. The RSOL of Virginia has contacted Delegate Oder’s office about HB1823 and it seems a Crime Watch group doesn’t like a registered offender living in their neighborhood whose backyard faces the neighborhood pool. Another, “Not in My Backyard” quandary. Push them into someone else’s neighborhood just as long as they aren’t in mine. Problem is 20 years of studying recidivism, housing and employment has proven where an ex-offender lives and works has NO correlation with if they re-offend. In fact limiting their housing and employment options can lead to an increase of new crimes being committed which may not be sexually related.
  • 01/13/11 – Referred to the House Courts of Justice
  • 01/13/11 – The RSOL of Virginia sat down with Delegate Oder to discuss residency restrictions and the studies and reports that conclude where an offender lives and works has no correlation to if they reoffend. That stability of employment, housing, family and religion does affect the success rate of reentry. We also want to enlighten him on what the registry has become and who is now listed on it. The Delegate had his mind made up the minute we sat down.
    The RSOL of Virginia does not believe this bill will actually advance through the process for numerous reasons we already surmised and also based on comments by Legislators. It is NOT retroactive as it would be directed at new crimes beginning July 1, 2011, but that does not matter. We will still oppose this HB1823 vehemently as it produces NO value to public safety.
  • 02/08/11 House: Left in Courts of Justice
  • 02/08/11 HB1823 has “died on the vine” for 2011

HB1995- Child Pornography; Restitution and Civil Relief for Victims

Sponsor/Patron - Del. Bill Janis (R –Glen Allen)
Co-Sponsor(s) -

Brief Explanation/Summary:
Restitution; civil relief; victims of child pornography. Provides that a defendant convicted of an offense under § 18.2-374.1 (production, etc., of child pornography), 18.2-374.1:1 (possession, etc., of child pornography), or 18.2-374.3 (use of communication systems to facilitate certain offenses involving children) shall be ordered to pay restitution to the victim of the crime in the full amount of the damages or loss sustained by the victim. The bill also creates a civil cause of action for victims of child pornography. For purposes of this cause of action, the victims shall be deemed to have sustained damages of at least $150,000 and may also recover the costs of litigation and reasonable attorney fees. Such actions are not subject to any limitations period.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB1995

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1995/

Bill Status:

  • 01/12/11 – HB1995 Introduced
  • 01/12/11 – Referred to the House Courts of Justice
  • 01/13/11 – The RSOL of Virginia Opposes this Bill.
  • 01/17/11 House: Assigned Courts sub: #1 Criminal
  • 01/26/11 – The RSOL was present for this Bill. An immediate amendment was offered, then during the discussion of the bill it was amended from a civil bill of restitution of $150,000 per image to a criminal bill of $1,000 per image. The RSOL of Virginia spoke against this bill because of the current definition of child pornography includes the teens “sexting”. Until images like those are no longer under the Child Pornography umbrella we will speak out.
  • 01/26/11 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
  • 01/31/11 House: Reported from Courts of Justice with substitute (22-Y 0-N)
  • 02/02/11 House: Read first time
  • 02/03/11 House: Read second time, Committee substitute agreed to 11104749D-H1, engrossed by House - committee substitute HB1995H1
  • 02/04/11 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
  • 02/04/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
  • 02/09/11 During the discussion of this bill by the Senate we learned that criminal restitution in Virginia is extremely limited. It can include property damages, medical expenses and funeral costs but that’s really all. So the Senate did not support the $1,000 being mandated.
    The Senate struck:
    1) civil relief
    2) mandatory restitution to the victim of the offense in the amount of $1,000 per offense and attorney fees and other legal costs
    The Senate inserted:
    restitution to the victim of the offense in an amount as determined by the court
  • 02/09/11 Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
  • 02/11/11 Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/14/11 Senate: Read third time, reading of amendments waived, committee amendments agreed to, engrossed by Senate as amended
  • 02/14/11 Senate: Passed Senate with amendments (40-Y 0-N)
  • 02/15/11 House: Placed on Calendar
  • 02/16/11 House: Senate amendments rejected by House (5-Y 92-N)
  • 02/16/11 House: VOTE: REJECTED (5-Y 92-N)
  • 02/16/11 House: Reconsideration of Senate amendments agreed to by House
  • 02/16/11 House: Senate amendments rejected by House (1-Y 94-N)
  • 02/16/11 House: VOTE: REJECTED (1-Y 94-N)
  • 02/18/11 Senate: Senate insisted on amendments (40-Y 0-N)
  • 02/18/11 Senate: Senate requested conference committee
  • 02/21/11 House: House acceded to request
  • 02/23/11 Senate: Conferees appointed by Senate
  • 02/23/11 Senate: Senators: Deeds, Edwards, Quayle
  • 02/23/11 House: Conferees appointed by House
  • 02/23/11 House: Delegates: Janis, Loupassi, Watts
  • 02/26/11 House: Conference substitute printed 11105678D-H2
    E1. A defendant convicted of an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the offense in an amount as determined by the court. For purposes of this subsection, "victim" means a person who is depicted in a still or videographic image involved in an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
    The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
  • 02/26/11 Senate: Conference report agreed to by Senate (39-Y 0-N)
  • 02/26/11 Senate: Reconsideration of conference report agreed to by Senate (40-Y 0-N)
  • 02/26/11 Senate: Conference report agreed to by Senate (40-Y 0-N)
  • 02/26/11 House: Conference report agreed to by House (92-Y 0-N)
  • 02/26/11 House: VOTE: ADOPTION (92-Y 0-N)
  • HB1995 goes to the Governor to be signed into law
  • 03/25/11 Governor: Approved by Governor-Chapter 575 (effective 7/1/11)
  • Becomes Law in Virginia on 07/01/11

HB2026- Commercial Vehicles; Persons Required to Register with the Sex Offender and Crimes Against Minors Registry

Sponsor/Patron - Del. Joe May (R –Leesburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Commercial vehicles; persons required to register with the Sex Offender and Crimes Against Minors Registry. Prohibits persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required from (1) driving school buses and passenger-carrying commercial vehicles and (2) being issued commercial driver's licenses and instruction permits to drive school buses and passenger-carrying commercial vehicles.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb2026&Submit2=Go

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb2026/

Bill Status:

  • 01/11/11 – HB2026 Introduced
  • 01/12/11 – The RSOL of Virginia has contacted Delegate May’s office about HB2026 to inquire what inspired the bill. The RSOL of Virginia supports the portion of HB2026 that prohibits registered sex offenders from driving school buses. But, the RSOL of Virginia does NOT support the portion of the bill that includes ANY passenger-carrying commercial vehicles.
  • 01/13/11 – The RSOL of Virginia has contacted Delegate May’s office and made another suggestion that would cost the transportation companies some expense upfront but in the end it would not only prevent sexual assaults by employees but by other patrons and could assist with solving and prosecuting other crimes like theft, underage drinking and other criminal activity in their vehicles.
  • 01/11/11 House: Referred to Committee on Transportation
  • 01/18/11 House: Referred from Transportation by voice vote
  • 01/18/11 House: Referred to Committee for Courts of Justice
  • 01/21/11 HB1733 was rolled into HB2026
  • 01/21/11 HB2026 was heard by the House Courts of Justice Criminal Sub-Committee.
    At first Delegate May offered an amendment to limit licenses for CDL’s with 16 or more passengers. The RSOL proposed 3 options for amendments to the committee and the committee agreed with the first option. To limit only school bus licenses NOT ALL passenger carrying licenses. This is great news! Now we will try to get SB807 to be amended in the same way.
  • 01/21/11 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
  • 01/31/11 House: Incorporates HB1733
  • 01/31/11 House: Reported from Courts of Justice with substitute (22-Y 0-N)
  • 02/02/11 House: Read first time
  • 02/03/11 House: Passed by for the day
  • 02/04/11 House: Passed by for the day
  • 02/06/11 House: Passed by for the day
  • 02/06/11 The posted amendment for HB2026 is NOT what was discussed and agreed to during the House sub-committee on 01/21. The amendment states,
    No person shall be issued a commercial driver's instruction permit to drive passenger-carrying commercial vehicles or school buses during any period in which he is a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1. The Commissioner shall disqualify any person convicted of an offense, committed on or after July 1, 2011, for which registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, from operating a passenger-carrying commercial vehicle or school bus during the period of time in which the person is required to maintain registration.
    This is not acceptable and it is not what the Sub-Committee agreed to. The RSOL of Virginia will oppose this verbiage when HB2026 is heard by the Senate.
  • 02/07/11 A new amendment from the floor was posted. It completely removes the verbiage that we opposed and only limits school bus licenses for registered offenders, this is acceptable. We will keep a close eye on this bill when it come before the Senate.
  • 02/07/11 House: Read second time, Committee substitute rejected 11104543D-H1, substitute printed 11105185D-H2 (May), Substitute by Delegate May agreed to 11105185D-H2 and engrossed by House - floor substitute HB2026H2
  • 02/08/11 House: Read third time and passed House (99-Y 0-N)
  • 02/09/11 Senate: Constitutional reading dispensed, Referred to Committee on Transportation
  • 02/14/11 Senate: Rereferred from Transportation (13-Y 0-N)
  • 02/14/11 Senate: Rereferred to Courts of Justice
  • 02/15/11 Senate: Assigned Courts sub: Criminal
  • 02/21/11 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
  • 02/22/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/23/11 Senate: Read third time, reading of substitute waived, Committee substitute agreed to 11105276D-S1, engrossed by Senate - committee substitute HB2026S1, Passed Senate with substitute (40-Y 0-N)
  • 02/23/11 House: Placed on Calendar
  • 02/24/11 House: Senate substitute agreed to by House 11105276D-S1 (94-Y 1-N)
  • 02/24/11 House: VOTE: ADOPTION (94-Y 1-N)
  • HB2026 goes to the Governor to be signed into law
  • 03/24/11 Governor: Approved by Governor-Chapter 477 (effective 7/1/11)
  • 03/24/11 Governor: Acts of Assembly Chapter text (CHAP0477)
  • Becomes Law in Virginia on 07/01/11

HB1930- Domestic Abuser Registry; Established

Sponsor/Patron - Del. Daniel Marshall (R-Danville)
Co-Sponsor(s) -

Brief Explanation/Summary:
Animal abuser registry established. Defines "animal abuser" as an adult who has been convicted of a felony violation of § 3.2-6570 (cruelty to animals) or 3.2-6571 (animal fighting) or of a substantially similar law of another state or of the United States and requires any animal abuser physically within the boundaries of the Commonwealth for more than 10 consecutive days to register in person with the sheriff of the county or city in which the animal abuser resides or is located. The bill also requires the offender to reregister annually. Failure to register or reregister is a Class 6 felony. The bill requires the sheriff to notify every residence and business within a one-half mile radius of the abuser’s residence or location within 10 days of initial registration. The bill requires that registry information be maintained in a central registry by the State Police and posted on their website.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB1930

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1930/

Bill Status:

  • 01/12/11 – HB1930 Introduced
  • 01/13/11 – The RSOL of Virginia, is Monitoring HB1930. Will anyone oppose it and if so what will be their arguments? Or will this bill pass and become law and if so will those on this registry be subjected to the never ending and overreaching restrictions like housing, employment, etc. When new laws are passed against them will they be retroactive? Will those on this registry be forced to register every 90 days and have VSP Troopers come to their homes and places of employment twice a year? Will those on this registry be on it for a lifetime with no opportunity to be removed? The RSOL of Virginia looks forward to monitoring this bill.
  • 02/08/11 House: Left in Courts of Justice
  • 02/08/11 HB1930 has “died on the vine” for 2011

HB1932- Domestic Abuser Registry; Established

Sponsor/Patron - Del. Daniel Marshall (R-Danville)
Co-Sponsor(s) -

Brief Explanation/Summary:
Domestic abuser registry established; penalty. Defines "domestic abuser" as an adult who has been convicted of a violation of § 16.1-253.2, 18.2-57.2, or 18.2-60.4 or of a substantially similar law of another state or of the United States and requires any domestic abuser physically within the boundaries of the Commonwealth for more than 10 consecutive days to register in person with the sheriff of the county or city in which the domestic abuser resides or is located. The bill also requires the offender to reregister annually. Failure to register or reregister is a Class 6 felony. The bill requires the sheriff to notify every residence and business within a one-half-mile radius of the abuser’s residence or location within 10 days of initial registration. The bill requires that registry information be maintained in a central registry by the State Police and posted on the State Police website.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB1932

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1932/

Bill Status:

  • 01/12/11 – HB1932 Introduced
  • 01/13/11 – The RSOL of Virginia, is Monitoring HB1932. Will anyone oppose it and if so what will be their arguments? Or will this bill pass and become law and if so will those on this registry be subjected to the never ending and overreaching restrictions like housing, employment, etc. When new laws are passed against them will they be retroactive? Will those on this registry be forced to register every 90 days and have VSP Troopers come to their homes and places of employment twice a year? Will those on this registry be on it for a lifetime with no opportunity to be removed? The RSOL of Virginia looks forward to monitoring this bill.
  • 02/08/11 House: Left in Courts of Justice
  • 02/08/11 HB1932 has “died on the vine” for 2011

HB1954- Obscenity; Modifies Educational, Artistic, and Theatrical Exemption to Laws.

Sponsor/Patron - Del. Ronald Villanueva (R-Virginia Beach)
Co-Sponsor(s) - Del. Clifford L. Athey, Jr., Del. Richard P. Bell and Del. Robert B. Bell

Brief Explanation/Summary:
Obscenity. Modifies the educational, artistic, and theatrical exemption to obscenity laws by providing that certain crimes (child pornography and use of communications systems to facilitate certain offenses involving children) are not subject to the exemption.

Full Text:
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-383 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-383. Exceptions to application of article.
NothingWith the exception of §§ 18.2-374.1, 18.2-374.1:1, and 18.2-374.3, nothing contained in this article shall be construed to apply to:
(1) The purchase, distribution, exhibition, or loan of any book, magazine, or other printed or manuscript material by any library, school, or institution of higher learning, supported by public appropriation;
(2) The purchase, distribution, exhibition, or loan of any work of art by any museum of fine arts, school, or institution of higher learning, supported by public appropriation;
(3) The exhibition or performance of any play, drama, tableau, or motion picture by any theatre, museum of fine arts, school, or institution of higher learning, supported by public appropriation.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb1954

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb1954/

Bill Status:

  • 01/12/11 – HB1954 Introduced
  • 01/21/11 – The RSOL of Virginia can not even believe this bill has been submitted. We oppose HB1954 whole-heartedly but we can not take this bill up as an organization, some other group will have to protect the schools, libraries, museums and theaters form this extreme censorship.
  • 01/31/11 House: Reported from Courts of Justice (22-Y 0-N)
  • 02/02/11 House: Read first time
  • 02/02/11 House: Read first time
  • 02/03/11 House: Read second time and engrossed
  • 02/04/11 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
  • 02/04/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
  • 02/07/11 Senate: Constitutional reading dispensed
  • 02/07/11 Senate: Referred to Committee for Courts of Justice
  • 02/08/11 Senate: Assigned Courts sub: Criminal
  • 02/14/11 Senate: Passed by indefinitely in Courts of Justice (11-Y 4-N)
  • HB1954 is done for 2011.

HB2066 - Sex Offenses Prohibiting Entry onto School or Other Property; Penalty.

Sponsor/Patron - Del. Rob Bell (R –Charlottesville)
Co-Sponsor(s) - Del. R. Steven Landes (chief co-patron) Clifford L. Athey, Jr. , Richard P. Bell, William H. Cleaveland, T. Scott Garrett, Gregory D. Habeeb, Salvatore R. Iaquinto, L. Scott Lingamfelter, Donald W. Merricks, Jackson H. Miller Roxann L. Robinson, Edward T. Scott, Beverly J. Sherwood, Ronald A. Villanueva and Tony Wilt

Brief Explanation/Summary:
Sex offenses prohibiting entry onto school or other property; penalty. Expands the prohibition on entry onto school grounds by any adult convicted of a sexually violent offense to include (i) any school bus as defined in § 46.2-100, (ii) any designated school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity, or (iii) any property, public or private, during hours when such property is being used solely by a public or private elementary or secondary school for a school-related or school-sponsored activity.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB2066

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb2066/

Bill Status:

  • 01/12/11 – HB2066 Introduced
  • 01/12/11 – The RSOL of Virginia has contacted Delegate Bell’s office about HB2022. We currently oppose HB2022 in its current state but we feel the bill could be reworked to achieve what Delegate Bell wants and actually be acceptable and enforceable.
  • 01/11/11 House: Referred to Committee on Education
  • 01/19/11 House: Referred from Education by voice vote
  • 01/19/11 House: Referred to Committee for Courts of Justice
  • 01/28/11 – The RSOL of Virginia was present to make the same recommendations that we made for SB1185. Hoping the House would either make those changes and if not we’d oppose HB2066. Before public comment was allowed to be made the chairman of the sub-committee Rob Bell told the sub-committee members there were definitely some issues with his bill and they needed to work those issues out.
    At this time the RSOL of Virginia is already standing near the podium to obviously oppose the bill. Then over a 5 minute period Delegate Bell removes school bus stops and school sponsored activities which just left school buses. The exact amendments we asked of Delegate Bell for this bill two weeks ago and in our statement for SB1185. Obviously Delegate Bell would rather edit his bill down to what he knows we will not oppose and take credit for it then allow us to make those recommendations publically and then he must accept our recommendations.
    Either way this bill is now completely acceptable, it simply does not allow a registered offender to be on a school bus.
  • 01/31/11 House: Referred to Committee on Appropriations
  • 02/01/11 House: Assigned App. sub: Public Safety
  • 02/02/11 House: Subcommittee recommends reporting (5-Y 0-N)
  • 02/04/11 House: Reported from Appropriations (20-Y 0-N)
  • 02/06/11 House: Read first time
  • The House substitute AND the Senate substitute left in the verbiage,
    A. Every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and being present, (i) during school hours and during school-related and school-sponsored activities, upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, unless ; (ii) on any school bus as defined in § 46.2-100; or (iii) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity.
    B. A person convicted of a sexually violent offense may enter premises described in subsection A if (i) he is a lawfully registered and qualified voter, and is coming upon such property solely for purposes of casting his vote; (ii) he is a student enrolled at the school; or (iii) he has obtained a court order pursuant to subsection C allowing him to enter and be present upon such property, has obtained the permission of the school board or of the owner of the private school or child day center or their designee for entry within all or part of the scope of the lifted ban, and is in compliance with such school board's, school's or center's terms and conditions and those of the court order.
    So the 01/28/11 House Courts of Justice meeting was a farce. We have the audio of the meeting where Delegate Bell says he is striking the questionably unconstitutional language including school-activities not being held on school property. Unless there is signage, how will an offender know if a school-activity is being held on property that they may be at for another activity? For example a convention center where one room is reserved for a school activity and another room is an electronics show opened to the public.
  • 02/07/11 House: Read second time, committee substitute agreed to 11104936D-H1, engrossed by House - committee substitute HB2066H1
  • 02/08/11 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
  • 02/09/11 Senate: Constitutional reading dispensed, referred to Committee for Courts of Justice
  • 02/14/11 Senate: Reported from Courts of Justice with substitute (15-Y 0-N), Committee substitute printed 11105342D-S1
  • 02/15/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/16/11 Senate: Read third time, reading of substitute waived, committee substitute agreed to 11105342D-S1, engrossed by Senate - committee substitute HB2066S1 and Passed Senate with substitute (40-Y 0-N)
  • 02/17/11 House: Placed on Calendar
  • 02/18/11 House: Passed by for the day
  • 02/21/11 House: Passed by for the day
  • 02/22/11 House: Passed by for the day
  • 02/23/11 House: Senate substitute agreed to by House 11105342D-S1 (97-Y 0-N)
  • HB2066 goes to the Governor to be signed into law
  • 03/26/11 House: Governor's recommendation received by House
  • 04/05/11 House: Placed on Calendar
  • 04/06/11 House: House concurred in Governor's recommendation (99-Y 0-N)
  • 04/06/11 House: VOTE: ADOPTION (99-Y 0-N)
  • 04/06/11 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/06/11 Governor: Governor's recommendation adopted
  • 04/06/11 House: Reenrolled
  • 04/06/11 House: Reenrolled bill text (HB2066ER2)
  • 04/06/11 House: Signed by Speaker as reenrolled
  • 04/06/11 Senate: Signed by President as reenrolled
  • 04/06/11 House: Enacted, Chapter 796 (effective 7/1/11)
  • Becomes Law in Virginia on 07/01/11

HB2150- Internet Crimes Against Children Fund; Certain Court Fees Collection to Support Fund

Sponsor/Patron - Del. Benjamin Cline (R –Amherst)
Co-Sponsor(s) - Del. R. Steven Landes and Sen. W. Roscoe Reynolds

Brief Explanation/Summary:
Court fees; Internet Crimes Against Children Fund. Amends the fees collected by courts to reflect the adoption in 2010 of an additional $10 fee on felony and misdemeanor convictions to support the Internet Crimes Against Children Fund.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb2150

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb2150/

Bill Status:

  • 01/12/11 House: Prefiled
  • 01/12/11 House: Referred to Committee for Courts of Justice
  • 01/18/11 House: Assigned Courts sub: #1 Criminal
  • 02/02/11 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
  • 02/04/11 House: Reported from Courts of Justice with substitute (21-Y 0-N)
  • 02/06/11 House: Read first time
  • 02/07/11 House: Read second time, Committee substitute agreed to,engrossed by House - committee substitute HB2150H1
  • 02/08/11 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
  • 02/09/11 Senate: Constitutional reading dispensed
  • 02/09/11 Senate: Referred to Committee for Courts of Justice
  • 02/11/11 Senate: Assigned Courts sub: Criminal
  • 02/16/11 Senate: Reported from Courts of Justice (14-Y 0-N)
  • 02/18/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/21/11 Senate: Read third time
  • 02/21/11 Senate: Passed Senate (40-Y 0-N)
  • 02/25/11 House: Enrolled
  • 02/25/11 House: Bill text as passed House and Senate (HB2150ER)
  • HB2150 goes to the Governor to be signed into law
  • 03/25/11 Governor: Approved by Governor-Chapter 565 (effective 7/1/11)
  • Becomes Law in Virginia on 07/01/11

HB2227- Assessment of Sexually Violent Predators; Qualifications

Sponsor/Patron - Del. John O’Bannon (R –Richmond)
Co-Sponsor(s) -

Brief Explanation/Summary:
Assessment of sexually violent predators; qualifications. Eliminates requirement that persons who conduct risk assessments of sex offenders be skilled in the treatment of sex offenders and adds the requirement that such persons be knowledgeable about the treatment of sex offenders.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+HB2227

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb2227/

Bill Status:

  • 01/12/11 – HB2227 Introduced
  • 01/12/11 House: Referred to Committee on Health, Welfare and Institutions
  • 01/20/11 House: Reported from Health, Welfare and Institutions (22-Y 0-N)
  • 01/21/11 House: Read first time,Read second time, Passed by for the day
  • 01/25/11 House: Read second time and engrossed
  • 01/26/11 House: Read third time and passed House (99-Y 0-N)
  • 01/27/11 Senate: Constitutional reading dispensed
  • 01/27/11 Senate: Referred to Committee on Education and Health
  • 02/10/11 Senate: Reported from Education and Health (15-Y 0-N)
  • 02/11/11 Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/14/11 Senate: Read third time and Passed Senate (40-Y 0-N)
  • 02/17/11 House: Enrolled, Bill text as passed House and Senate (HB2227ER)
  • 02/17/11 House: Signed by Speaker
  • 02/20/11 Senate: Signed by President
  • HB2227 goes to the Governor to be signed into law
  • 03/10/11 Governor: Approved by Governor-Chapter 42 (effective 7/1/11)
  • 03/10/11 Governor: Acts of Assembly Chapter text (CHAP0042)
  • Becomes Law in Virginia on 07/01/11

HB2382- Written Notice to Sex Offenders of Applicable Laws

Sponsor/Patron - Del. Brenda Pogge (R –Williamsburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Written notice to sex offenders of applicable laws. Directs that a copy of all laws applicable to the requirements placed upon persons who must register or reregister with the Sex Offender and Crimes Against Minors Registry be provided to such persons once per year upon registration or upon reregistration. The Attorney General is responsible for approving the list of laws to be provided, and such list shall be printed from the Department of State Police website and given directly to the person along with his receipt of registry.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb2382

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb2382/

Bill Status:

  • 01/13/11 – HB2382 Introduced
  • 01/13/11 – The RSOL of Virginia, Supports HB2382. This bill was submitted by Delegate Pogge by our request. HB2382 would make it so that when a new law is passed in Virginia that applies to registered sex offenders the offenders would be notified of the new laws so not to inadvertently commit a Class 6 Felony. In 2010 Delegate Pogge submitted a similar bill it was HB1328, it never even made it to sub-committee. There was also an article on the need for such a bill here in Virginia in the spring of 2010 titled Sex Offenders, Advocates Push for Va. Law Notice, May 15, 2010, http://www.washingtonpost.com/wp-dyn/content/article/2010/05/15/AR2010051501870.html
    This is a great bill!
  • 01/13/11 House: Referred to Committee on Militia, Police and Public Safety
  • 01/27/11 – The day before HB2382 was scheduled to be heard by the sub-committee the RSOL of Virginia heard that the bill was being pulled from the docket. The given reason was that the "Administration" did not support our bill and so the sub-committee and the Virginia State Police was directed to "kill our bill". We aren't sure if by "Administration" that means the VSP, the Governor's office or the Virginia Attorney General, but it went above the Delegate abilities so it had to be withdrawn.
    The VSP representative told the Delegate that the VSP would try to "work behind the scenes" to rectify this issue by revising the VSP website. So, for the third year in a row the same VSP representative has “killed” our bill to provide those on the registry with the restrictions and regulations that are imposed upon the 17,600 Registered Virginians and that change every year.
    Even if the VSP thinks by updating their website to list the restrictions and regulations, problems still exist. There are thousands of offenders who are either forbidden to have Internet or can not afford to have it and unless the guidelines are mandated by law the VSP website will not be updated when needed but when it’s convenient for them to do.
    There needs to be a hand-out available upon request that lists all the restrictions and regulations and that can be mailed again when requested. Probation puts the rules in writing and asks for a signature and so should the VSP registry. Other states take this much needed step as they want their offenders to know and abide by the rules.
    Why is the VSP so determined not to inform those who must know just what are the laws?
    We will not give up on this bill.

SB1185- Sex Offenses Prohibiting Entry Onto School or Other Property; Penalty.

Sponsor/Patron - Sen. Thomas K. Norment, Jr. (R-Williamsburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offenses prohibiting entry onto school or other property; penalty. Expands the prohibition on entry onto school grounds by any adult convicted of a sexually violent offense to include (i) any school bus as defined in § 46.2-100, (ii) any designated school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity, or (iii) any property, public or private, during hours when such property is being used solely by a public or private elementary or secondary school for a school-related or school-sponsored activity.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb1185&Submit2=Go

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1185/

Bill Status:

  • 01/13/11 – SB1185 Introduced
  • 01/13/11 – Senate: Referred to Committee for Courts of Justice
  • 01/13/11 – Senate: Assigned Courts sub: Criminal
  • 01/13/11 – The RSOL of Virginia has contacted Senator Norment’ office about SB1185. We currently oppose SB1185 in its current state but we feel the bill could be reworked to achieve what Senator Norment wants and actually be acceptable and enforceable.
  • 01/24/10- Senate Courts of Justice Criminal Sub Committee heard this bill.
    The first item was an amendment proposed by the sponsor Senator Norment. The removal of “school bus stops”, The RSOL of Virginia approves of this change.
    The RSOL of Virginia then pointed out an example of a school-sponsored event that is in a location like a Convention Center would not be “solely”. That some sort of intent to enter the specific room or arena of the school sponsored event with intent should be added. Senator Norment seemed open to that idea.
    We will now keep an eye on the next amendments posted on SB1185. If that verbiage is NOT added I will continue to request in the Senate and then in the House.
  • 01/26/11 Senate: Reported from Courts of Justice with amendment (15-Y 0-N)
  • 01/26/11 Senate: Rereferred to Finance
  • 02/01/11 Senate: Reported from Finance (13-Y 0-N)
  • 02/01/11 The posted amendment for SB1185 does not strike or amend the school-related activities portion of the bill. The RSOL of Virginia will continue to request new verbiage to be added when this bill makes it to the House. Unless the House lays SB1185 on the table as they did with HB2066.
  • 02/02/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/03/11 Senate: Read second time, Reading of amendment waived, Committee amendment agreed to, Engrossed by Senate as amended SB1185E ,/
  • 02/04/11 Senate: Read third time and passed Senate (37-Y 0-N)
  • 02/08/11 House: Placed on Calendar, read first time and referred to Committee for Courts of Justice
  • 02/11/11 House: Reported from Courts of Justice with substitute (19-Y 0-N)
  • 02/11/11 House: Committee substitute printed 11105257D-H1
  • 02/11/11 House: Referred to Committee on Appropriations
  • 02/15/11 House: Assigned App. sub: Public Safety
  • 02/16/11 House: Subcommittee recommends reporting (6-Y 0-N)
  • 02/18/11 House: Reported from Appropriations (20-Y 0-N)
  • 02/22/11 House: Read second time
  • 02/23/11 House: Read third time, Committee substitute rejected 11105257D-H1
  • 02/23/11 House: Passed House BLOCK VOTE (98-Y 0-N)
  • 02/23/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
  • SB1185 goes to the Governor to be signed into law
  • 03/26/11 Senate: Governor's recommendation received by Senate
  • 04/05/11 Senate: Placed on Calendar
  • 04/06/11 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/06/11 House: House concurred in Governor's recommendation (95-Y 0-N)
  • 04/06/11 House: VOTE: ADOPTION (95-Y 0-N)
  • 04/06/11 Governor: Governor's recommendation adopted
  • 04/06/11 Senate: Reenrolled
  • 04/06/11 Senate: Reenrolled bill text (SB1185ER2)
  • 04/06/11 Senate: Signed by President as reenrolled
  • 04/06/11 House: Signed by Speaker as reenrolled
  • 04/06/11 House: Enacted, Chapter 855 (effective 7/1/11)
  • Becomes Law in Virginia on 07/01/11

SB1208- Sex Offender Registry

Sponsor/Patron - Sen. Mark Obenshain (R-Harrisonburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offender registry. States that any court order or plea agreement that provides 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.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+SB1208

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1208/

Bill Status:

  • 01/13/11 – SB1318 Introduced
  • 01/13/11 – Senate: Referred to Committee for Courts of Justice
  • 01/18/11 Senate: Assigned Courts sub: Criminal
  • 01/24/10- Senate Courts of Justice Criminal Sub Committee heard this bill.
    This is a difficult one to fight, but the RSOL of Virginia did raise concerns and oppose the bill. There was a good debate going between the Legislators but basically the State is ALREADY enforcing this act and by passing this bill it will close the loophole.
    The bill was passed.
  • 01/26/11 Senate: Passed by indefinitely in Courts of Justice (10-Y 5-N)
  • Finished for the 2011 session

SB1275- Sexually Violent Predators; Procedure for Rescission of Respondent's Refusal for Examination

Sponsor/Patron - Sen. Mark Obenshain (R-Harrisonburg)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sexually violent predators. Establishes a procedure for rescission of a respondent's refusal to participate with a mental health examination and makes clear that a sheriff who is transporting a respondent for purposes of a hearing or annual review is not required to keep the respondent segregated by sight and sound from other prisoners.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb1275

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1275/

Bill Status:

  • 01/12/11 Senate: Prefiled and ordered printed
  • 01/12/11 Senate: Referred to Committee on Education and Health
  • 01/20/11 Senate: Assigned Education sub: Health Care
  • 01/27/11 Senate: Reported from Education and Health (15-Y 0-N)
  • 01/28/11 Senate: Passed by for the day
  • 01/31/11 Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/01/11 Senate: Read second time and engrossed
  • 02/02/11 Senate: Read third time and passed Senate (40-Y 0-N)
  • 02/07/11 House: Placed on Calendar, read first time
  • 02/07/11 House: Referred to Committee on Militia, Police and Public Safety
  • 02/13/11 Article by Associated Press published on this bill.
    Some Say Proposal Could Threaten Constitutionality of Va's Program to Detain Sex Offenders:
    http://www.wtop.com/category/Virginia/20110213/Some-say-proposal-threatens-Va.-offender-commitment/
    Senate OKs Bill on Detaining Sex Offenders:
    http://hamptonroads.com/2011/02/senate-oks-bill-detaining-sex-offenders
    The RSOL of Virginia had so many bills to oppose this General Assembly we were unable to take a stance on HB1698 and SB1275.
    Per the current article it sounds like Delegate Rob Bell realizes how shaky the entire civil commitment situation is and Delegate Dave Albo hits the nail on the head.
    VCBR resident Mike Holzmiller is a RSOL of Virginia Supporter and he took matters into his own hands when we just didn't have the resources to go after these 2 bills and it sounds like other residents of the VCBR did too.
    Speaking out to the media and to Legislators makes a difference and puts a light on questionable bills. We are so please Mike and the other residents did such a great job.
    Now that the GA workload is significantly less, the RSOL of Virginia will try to be present when these 2 bills are heard in the opposing chambers.
  • 02/15/11 House: Assigned MPPS sub: #2
  • 02/17/11 House: Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
  • 02/18/11 House: Reported from Militia, Police and Public Safety with substitute (20-Y 0-N)
    The amendment completely removes this current section
    § 37.2-909. Placement of committed respondents.
    A. Any respondent committed pursuant to this chapter shall be placed in the custody of the Department for control, care, and treatment until such time as the respondent's mental abnormality or personality disorder has so changed that the respondent will not present an undue risk to public safety. The Department shall provide such control, care, and treatment at a secure facility operated by it or may contract with private or public entities, in or outside of the Commonwealth, or with other states to provide comparable control, care, or treatment. At all times, respondents committed for control, care, and treatment by the Department pursuant to this chapter shall be kept in a secure facility. Respondents committed under this chapter shall be segregated by sight and sound at all times from prisoners in the custody of a correctional facility, except that a sheriff transporting a respondent committed pursuant to this chapter for purposes of an annual review or other hearing or housing a respondent committed pursuant to this chapter pending an annual review or other hearing shall not be required to segregate such respondent by sight and sound from other prisoners in his custody. The Commissioner may make treatment and management decisions regarding committed respondents in his custody without obtaining prior approval of or review by the committing court.
    B. Prior to the siting of a new facility or the designation of an existing facility to be operated by the Department for the control, care, and treatment of committed respondents, the Commissioner shall notify the state elected officials for and the local governing body of the jurisdiction of the proposed location, designation, or expansion of the facility. Upon receiving such notice, the local governing body of the jurisdiction of the proposed site or where the existing facility is located may publish a descriptive notice concerning the proposed site or existing facility in a newspaper of general circulation in the jurisdiction.
    The Commissioner also shall establish an advisory committee relating to any facility for which notice is required by this subsection or any facility being operated for the purpose of the control, care, and treatment of committed respondents. The advisory committee shall consist of state and local elected officials and representatives of community organizations serving the jurisdiction in which the facility is proposed to be or is located. Upon request, the members of the appropriate advisory committee shall be notified whenever the Department increases the number of beds in the relevant facility.
    C. Notwithstanding any other provision of law, when any respondent is committed under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department of Behavioral Health and Developmental Services, a copy of all relevant criminal history information, medical and mental health records, presentence or postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to subsection B of § 37.2-904 and § 37.2-907, for use in the treatment and evaluation of the committed respondent.
  • 02/18/11 House: Committee substitute printed 11105483D-H1
  • 02/21/11 House: Read second time
  • 02/22/11 House: Read third time, Committee substitute agreed to 11105483D-H1, Engrossed by House - committee substitute SB1275H1 and Passed House with substitute BLOCK VOTE (97-Y 0-N)
  • 02/23/11 Senate: House substitute agreed to by Senate (40-Y 0-N)
  • 02/23/11 Senate: Title replaced 11105483D-H1
  • SB1275 goes to the Governor to be signed into law
  • 03/24/11 Governor: Approved by Governor-Chapter 446 (effective 7/1/11)
  • 03/24/11 Governor: Acts of Assembly Chapter text (CHAP0446)
  • Becomes Law in Virginia on 07/01/11

SB1318- Sex Offenders on School Property; Penalty

Sponsor/Patron - Sen. Stephen Newman (R-Forest)
Co-Sponsor(s) - Del. Kathy J. Byron, Del. T. Scott Garrett, Del. R. Steven Landes and Del. Lacey E. Putney

Brief Explanation/Summary:
Sex offenders on school property; penalty. Changes "and" to "or" in two places to avoid an interpretation that a sex offender is prohibited from being on school property during school-related or school-sponsored activities only if they occur during school hours.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+SB1318

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1318/

Bill Status:

  • 01/13/11 – SB1318 Introduced
  • 01/13/11 – Senate: Referred to Committee for Courts of Justice
  • 01/13/11 – The RSOL of Virginia has read these changes and in the end this was already being enforced as law and just closes the loophole. RSO’s know they are not supposed to be on school property even for an evening football game. We will continue to Monitor SB1318
  • 01/18/11 Senate: Assigned Courts sub: Criminal
  • 01/26/11 The Sub-Committee discussed this bill in depth. A concern was raised by Senator Howell if Sunday worship services that are held at schools would be prohibited with this bill. It was decided after careful examination that as long as school is not in session and there is no school activity occurring like a football game or a drama class then a registered offender can be on school property to attend church, town-hall meetings, get a flu shot or donate blood.
  • 01/31/11 Senate: Committee substitute printed 11104637D-S1
  • 01/31/11 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
  • 02/01/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/02/11 Senate: Read second time, reading of substitute waived, substitute agreed to 11104637D-S1,engrossed by Senate - committee substitute SB1318S1
  • 02/03/11 Senate: Read third time and passed Senate (40-Y 0-N)
  • 02/07/11 House: Placed on Calendar
  • 02/07/11 House: Read first time
  • 02/07/11 House: Referred to Committee for Courts of Justice
  • 02/07/11 House: Assigned Courts sub: #1 Criminal
  • 02/14/11 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
  • 02/21/11 House: Reported from Courts of Justice with amendments (22-Y 0-N)
  • 02/23/11 House: Read second time
  • 02/24/11 House: Read third time, Committee amendments agreed to,engrossed by House as amended,passed House with amendments BLOCK VOTE (98-Y 0-N)
  • 02/24/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
  • 02/24/11 House: Reconsideration of House passage agreed to by House
  • 02/24/11 House: Passed House with amendments BLOCK VOTE (99-Y 0-N)
  • 02/24/11 House: VOTE: PASSAGE #2 (99-Y 0-N)
  • 02/24/11 Senate: House amendments agreed to by Senate (39-Y 0-N)
  • SB1318 goes to the Governor to be signed into law
  • 03/26/11 Governor: Approved by Governor-Chapter 648 (effective 7/1/11)
  • Becomes Law in Virginia on 07/01/11

SJ348- Study; Sex Offender Registry; Report

Sponsor/Patron - Sen. Emmett Hanger (R-Mt. Solon)
Co-Sponsor(s) -

Brief Explanation/Summary:
Study; sex offender registry; report. Directs the Virginia State Crime Commission to study federal requirements regarding Virginia's sex offender registry, examine the effectiveness of the registry in preventing sexual victimization, and determine the feasibility of implementing a tiered system.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?111+sum+SJ348

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sj348/

Bill Status:

  • 01/14/11 – SJ348 Introduced
  • 01/14/11 – Senate: Referred to Committee on Rules
  • 01/14/11 Senate: Assigned Rules sub: #1
  • 01/28/11 Senate: Reported from Rules by voice vote
  • 01/31/11 Senate: Reading waived (38-Y 0-N)
  • 02/01/11 Senate: Read second time and engrossed
  • 02/02/11 Senate: Read third time and agreed to by Senate by voice vote
  • 02/07/11 House: Placed on Calendar
  • 02/07/11 House: Referred to Committee on Rules
  • 02/10/11 House: Assigned Rules sub: #3 Studies
  • 02/15/11 House: Subcommittee recommends reporting (5-Y 0-N)
  • 02/17/11 House: Reported from Rules (13-Y 0-N)
  • 02/22/11 House: Taken up
  • 02/22/11 House: Agreed to by House BLOCK VOTE (97-Y 0-N)
  • 02/22/11 House: VOTE: BLOCK VOTE ADOPTION (97-Y 0-N)
  • 03/07/11 Senate: Bill text as passed Senate and House (SJ348ER)

HB2412- Sex Offender Registry

Sponsor/Patron - Del. Scott Lingamfelter (R –Woodbridge)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offender registry. States that any court order or plea agreement that provides 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.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=hb2412&Submit2=Go

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/hb2412/

Bill Status:

  • 01/17/11 – HB2412 Introduced
  • 01/17/11 House: Referred to Committee for Courts of Justice
  • 01/19/11 House: Assigned Courts sub: #1 Criminal
  • 01/19/11 The RSOL Opposes HB2412
  • 01/26/11 The RSOL of Virginia attended the hearing and was ready to oppose the bill. It was decided by the sub-committee there were too many issues with HB2412 and so it was “laid on the table”. The RSOL of VA did not need to speak against the bill.
  • 02/02/11 House: Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
  • 02/04/11 House: Reported from Courts of Justice with substitute (21-Y 0-N)
  • 02/04/11 House: Committee substitute printed 11105074D-H1
  • 02/06/11 House: Read first time
  • 02/07/11 House: Read second time, committee substitute agreed to 11105074D-H1, engrossed by House - committee substitute HB2412H1
  • 02/08/11 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
  • 02/08/11 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
  • 02/09/11 Senate: Constitutional reading dispensed
  • 02/09/11 Senate: Referred to Committee for Courts of Justice
  • 02/14/11 Senate: Passed by indefinitely in Courts of Justice (10-Y 5-N)
  • Finished for the 2011 session

SB1409- Sex Offender Registry

Sponsor/Patron - Sen. William Stanly (R-Moneta)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sex offender registry. Requires registration when a person 18 years of age or older is convicted of engaging in consensual sexual intercourse with a child 15 years of age or older. Registration will also be required for someone convicted of the federal crime of video voyeurism. Portions of the crimes against nature statute are moved from the regular registry to become classified as sexually violent offenses. Juveniles over the age of 13 adjudicated delinquent of a registerable offense on or after July 1, 2005, must register; however, their information is not required to be published on the Internet. Under current law the court has discretion in requiring registration for such juveniles. Passport and immigration information is added to the registration information that an offender must provide. Photographs will be taken at the time of physical verification by the authorities rather than every two years.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb1409

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1409/

Bill Status:

  • 01/18/11 – SB1409 Introduced
  • 01/19/11 Senate: Assigned Courts sub: Criminal
  • 01/19/11 – This is the WORST bill of the 2011 General Assembly.
    • (See Bulletin Board Posting #302)
  • The RSOL of Virginia will be opposing SB1409
  • 01/24/10- Senate Courts of Justice Criminal Sub Committee heard this bill.
    The first item was an amendment proposed by the sponsor Senator Stanley. The removal of 13 year olds from having to register even if the judge says they don’t. The RSOL of Virginia approves of this change. There were 3 other juvenile groups there to oppose that portion of this bill as well.
    The RSOL of Virginia then pointed out that the additional of two crimes to become register able offenses retroactively and the re-classification of one crime from non-violent to violent would add people who are not listed today which would cost the State tons of money and we threatened to challenge this in the courts if they re-classified anyone else in Virginia. They decided to amend these three portions of the bill to be for convictions from July 1, 2011 or 2012 and on. The RSOL of Virginia approves of this change.
    The RSOL of Virginia then opposed the passport information from being taken by the court and more photos being required but they weren’t listening. Something had to pass in its original form and it’s these two items. When the VSP Trooper visits your residence twice a year they will have a camera with them. If they catch you at home when they stop by they will take the photo then so an extra trip to a VSP Barracks would not be necessary, unless they miss you on that trip.
    We will now keep an eye on the next amendments posted on SB1409. If the changes they stated that would be made are NOT added I will continue to oppose it in the Senate and then in the House.
  • 01/26/11 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
  • 01/26/11 Senate: Committee substitute printed 11104744D-S1
  • 01/26/11 Senate: Rereferred to Finance
  • 01/28/11 The RSOL of Virginia sent a list of Financial issues with SB1470 that the $50,000 fiscal impact does not cover to the Finance Committee.
  • 02/08/11 Senate: Left in Finance
  • 02/08/11 SB1490 has “died on the vine” for 2011

SB1426- Child Pornography; Civil Action

Sponsor/Patron - Sen. Creigh Deeds (D-Bath)
Co-Sponsor(s) -

Brief Explanation/Summary:
Child pornography; civil action. Creates a civil cause of action for victims of child pornography that entitles them to recover compensatory damages together with the costs of litigation. Punitive damages may also be awarded if an award of compensatory damages is made. Such actions are subject to a two-year limitations period from the later of the conclusion of a related criminal case or the notification of the victim by a member of a law-enforcement agency of the offense. The bill also provides for an additional $100 fee to be assessed upon conviction for a violation of § 18.2-374.1 (production, etc., or child pornography) or 18.2-374.1:1 (possession, etc., of child pornography).

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb1426

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1426/

Bill Status:

  • 01/20/11 – SB1426 Introduced
  • 01/20/11 Senate: Referred to Committee for Courts of Justice
  • 01/21/11 Senate: Assigned Courts sub: Civil
  • 01/31/11 Senate: Committee substitute printed 11104673D-S1
  • 01/31/11 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
  • 02/01/11 Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/02/11 Senate: Passed by for the day
  • 02/03/11 Senate: Read second time, reading of substitute waived, substitute agreed to 11104673D-S1 and engrossed by Senate - committee substitute SB1426S1
  • 02/04/11 Senate: Read third time and passed Senate (37-Y 0-N)
  • 02/08/11 House: Placed on Calendar, read first time
  • 02/08/11 House: Referred to Committee for Courts of Justice
  • 02/14/11 House: Assigned Courts sub: #2 Civil
  • 02/21/11 House: Committee substitute printed 11105255D-H1, Reported from Courts of Justice with substitute (22-Y 0-N)
  • 02/23/11 House: Read second time
  • 02/24/11 House: Read third time, Committee substitute agreed to 11105255D-H1,engrossed by House - committee substitute SB1426H1 and passed House with substitute BLOCK VOTE (98-Y 0-N)
  • 02/24/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
  • 02/24/11 House: Reconsideration of House passage agreed to by House
  • 02/24/11 House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
  • 02/24/11 House: VOTE: PASSAGE #2 (99-Y 0-N)
  • 02/24/11 Senate: House substitute rejected by Senate (1-Y 38-N)
  • 02/24/11 House: House insisted on substitute
  • 02/24/11 House: House requested conference committee
  • 02/24/11 Senate: Senate acceded to request (39-Y 0-N)
  • 02/24/11 House: Conferees appointed by House
  • 02/24/11 House: Delegates: Janis, Loupassi, Watts
  • 02/24/11 Senate: Conferees appointed by Senate
  • 02/24/11 Senate: Senators: Deeds, Edwards, Quayle
  • 02/26/11 Senate: Conference substitute printed 11105670D-S2
  • 02/26/11 Senate: Conference report agreed to by Senate (38-Y 0-N)
    E1. A defendant convicted of an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the offense in an amount as determined by the court. For purposes of this subsection, "victim" means a person who is depicted in a still or videographic image involved in an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
    The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
  • 02/26/11 Senate: Reconsideration of conference report agreed to by Senate (40-Y 0-N)
  • 02/26/11 Senate: Conference report agreed to by Senate (40-Y 0-N)
  • 02/26/11 House: Conference report agreed to by House (91-Y 0-N)
  • 02/26/11 House: VOTE: ADOPTION (91-Y 0-N)
  • SB1426 goes to the Governor to be signed into law
  • 03/25/11 Governor: Approved by Governor-Chapter 588 (effective 7/1/11)
  • Becomes Law in Virginia on 07/01/11

SB1470- Sexually Violent Predators: Civil Commitment

Sponsor/Patron - Sen. Emmett Hanger (R-Mt. Solon)
Co-Sponsor(s) -

Brief Explanation/Summary:
Sexually violent predators; civil commitment. Provides that the Department of Behavioral Health and Developmental Services and the Attorney General's Office shall examine, as possible components of conditional release of civilly committed sexually violent predators, the feasibility of the use of physical castration as a treatment option and the use of residential housing facilities, operated by the Commonwealth or by private providers contracted with the Commonwealth on property owned by the Commonwealth, and shall report the results of the examination to the Governor and the General Assembly by December 1, 2012. The bill also directs the Department to review the offenses that qualify as sexually violent offenses, the Department's process for evaluation of individuals to determine whether they meet the criteria for treatment as sexually violent predators, and the Commonwealth's program for treatment of sexually violent predators to determine whether changes may be made to reduce the cost of treatment and care of sexually violent predators while protecting the safety and welfare of citizens of the Commonwealth.

Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=111&typ=bil&val=sb1470

Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2011/sb1470/

Bill Status:

  • 01/21/11 – SB1470 Introduced
  • 01/21/11 Senate: Referred to Committee on Education and Health
  • 01/27/11 Senate: Assigned Education sub: Health Care
  • 01/23/11 – The RSOL of Virginia believes this is actually a great bill EXCEPT for the “physical castration” portion. If the Senator will amend the bill to REMOVE “physical castration”, we would then support SB1470.
  • Civil Commitment needs to be returned to the original 4 crimes instead of the current 28 crimes and release is not an option today if a resident can not find a family member in the state of Virginia that they can stay with. So this housing facility idea would help those whose families are out-of-state to take the first step of release whereas today they have no chance at the first step.
  • 02/01/11 –The RSOL of Virginia was on hand to oppose SB1470. Senator Hanger went into the history of his past castration bill and because he refused to take Governor Kaine’s amendment it was vetoed. The Senator stated that this year’s bill has received a lot of press and he believes in the castration portion of the bill but if removing it would keep his bill alive, he would do so. Then a Senator on the Sub-Committee suggested he remove the word physical castration for alternative treatments. 3 of the 4 subcommittee members voted for the amendment.
    Once the amendment was made we stated that we fully support the bill and thanked the Senator for removing the castration portion. We then gave a few examples of problems with the civil commitment evaluation process, assessment tool, the AG’s office holding citizens for 3-18 months past their release dates to evaluate them, the Static 99 score is too low and it’s a homophobic tool, that evaluations should be done at the time of conviction not 3-18 months after a scheduled release date and that housing must be offered to the out-of-state offenders currently at the VCBR because without family in Virginia they can never be released. In the audience were two doctors from the VCBR.
    The bill has been sent on to the Full Committee.
    Your e-mail’s and phone calls against the physical castration portion of this bill were successful!
  • 02/03/11 Senate: Reported from Education and Health with amendments (13-Y 2-N)
  • 02/04/11 Senate: Constitutional reading dispensed (38-Y 0-N)
  • 02/08/11 Senate: Read third time and passed Senate (39-Y 1-N)
  • 02/09/11 House: Placed on Calendar, read first time
  • 02/09/11 House: Referred to Committee on Militia, Police and Public Safety
  • 02/15/11 House: Assigned MPPS sub: #2
  • 02/17/11 The RSOL of Virginia was on-hand when this bill was heard by the House sub-committee. Delegate Ben Cline wanted to add physical castration back into the bill. The RSOL of Virginia stood up and opposed this amendment and stated that if physical castration would be added back in then EVERY type of treatment option should be listed in the bill, not just physical castration. Instead they removed the term “reasonable” from treatment options, instead hoping physical castration would still be left as an option.
    Then it was noted that the bill had been “flagged” to go to Appropriations, which we knew then, it would be “killed”.
  • 02/17/11 House: Subcommittee recommends reporting with amendment(s) (3-Y 0-N)
  • 02/17/11 House: Subcommittee recommends referring to Committee on Appropriations
  • 02/18/11 House: Reported from Militia, Police and Public Safety with amendment (20-Y 0-N), referred to Committee on Appropriations, assigned App. sub: Health and Human Resources
  • 02/22/11 House: Left in Appropriations
  • Finished for the 2011 session

2011 Report: Monitoring of Offenders Required to Comply with the Sex Offender Registry Requirements:
2011 VSP Monitoring of Sex Offenders

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