2012 General Assembly Bills
The 2012 Virginia General Assembly Regular Session began in Richmond, VA on Wednesday January 11, 2012 and adjourned on Saturday, March 10, 2012.
The 2012 Reconvened Regular Session which is held on the sixth Wednesday after adjournment of each regular or special session for the purpose of considering governor's recommendations and vetoed legislation was held Wednesday, April 18, 2012.
Below is a list of bills the RSOL of Virginia monitored, supported or opposed and all the steps that occurred in the process of the bills becoming law.
2012 Meeting and Committee Schedules: http://lis.virginia.gov/cgi-bin/legp604.exe?121+oth+MTG
All 2012 Session Bills: http://lis.virginia.gov/cgi-bin/legp604.exe?121+men+BIL
2012 Committee Members: http://www.rsolvirginia.org/committee-members/
Who are Your Representatives? http://conview.state.va.us/whosmy.nsf/main?openform
2012 Urgent Action Items: http://www.rsolvirginia.org/urgent-action-va/
How a Bill Becomes a Law: http://www.rsolvirginia.org/bill-becomes-law/
SB16- Children; raises age for indecent liberties to under age of 16 years, penalty
Sponsor/Patron - Sen. Richard Stuart (R-Westmoreland)
Co-Sponsor(s) -
Brief Explanation/Summary:
Raises the victim age for indecent liberties from under the age of 15 years to under the age of 16 years. A person 18 years of age or older who, with lascivious intent, knowingly and intentionally participates in or proposes certain sexual activities with a child under the age of 16 will be guilty of a Class 5 felony.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb16
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb16/
Bill Status:
- 12/27/11 - SB16 Introduced
- 12/27/11 - Referred to Senate Committee Courts of Justice
- 01/17/11- SB16 would apply when the minor is under 16, meaning 16 doesn't apply. It’s 15 and under with an 18 year old. IF this included 16 year olds the RSOL of Virginia would be opposing it. 32 out of 50 U.S. States have an age of consent of 16 years old. Even though Virginia is 18 years old, we all know 16 year old “experiment” and more.
- We will not be opposing this bill as it applies to 15 year olds and younger.
- We did raise a retroactive re-classification issue.
- 01/23/12 - The patron asked the Committee to PBI his bill
- 01/23/12 - Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)
- Done for 2012
SB20- Rape; accomplished by ruse or trickery
Sponsor/Patron - Sen. Richard Stuart (R-Westmoreland)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that rape may be accomplished by ruse or trickery as well as, under current law, by force, threat, or intimidation.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb20
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb20/
Bill Status:
- 12/27/11 - SB20 Introduced
- 12/27/11 - Referred to Senate Committee Courts of Justice
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/23/12 - The patron asked the Committee to PBI his bill
- 01/23/12 - Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)
- Done for 2012
SB21- Rape; person who has sexual intercourse with complaining witness accomplished by coercion
Sponsor/Patron - Sen. Richard Stuart (R-Westmoreland)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that any person who has sexual intercourse with a complaining witness, accomplished against the complaining witness's will by coercion, is guilty of rape. Currently such an offense must be accomplished by force, threat, or intimidation.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb21
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb21/
Bill Status:
- 12/27/11 - SB21 Introduced
- 12/27/11 - Referred to Senate Committee Courts of Justice
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/23/12 - The patron submitted an amendment to define coercion but yet it’s still too broad. It’s still a “live” bill we are waiting for the amendment to post on-line and we are watching the schedule
- 01/25/12 Senate: Continued to 2013 in Courts of Justice (15-Y 0-N)
YEAS--Norment, Saslaw, Marsh, Howell, Lucas, Edwards, Puller, Obenshain, McDougle, McEachin, Stuart, Vogel, Stanley, Reeves, Garrett--15. - Done for 2012
HB165- Conditional release of geriatric prisoners
Sponsor/Patron - Del. Patrick Hope (D-Arlington)
Co-Sponsor(s) -Del. Scott Surovell (D-Fairfax)
Brief Explanation/Summary:
Allows any prisoner serving a sentence imposed for a felony offense, other than a Class 1 felony, who has reached the age of 60 or older to petition the Parole Board for conditional release without regard to the number of years of his sentence he has served. Current law allows a 60-year-old prisoner to petition the Board after serving at least 10 years and a 65-year-old prisoner to petition the Board after serving at least five years of his sentence.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb165
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb165/
Bill Status:
- 01/06/12 - SB21 Introduced
- 01/06/12 – Referral Pending
- 01/14/12- The RSOL of Virginia supports this bill
- 02/02/12 House: Subcommittee recommends laying on the table by voice vote
- Done for 2012
HB 223- Writ of actual innocence; juvenile adjudicated delinquent of felony charge may petition SUPCT
Sponsor/Patron - Del. Greg Habeeb (R-Salem)
Co-Sponsor(s) -Del. Scott Surovell (D-Fairfax)
Brief Explanation/Summary:
Provides that a juvenile adjudicated delinquent of an offense that would be a felony if committed by an adult may petition the Supreme Court to issue a writ of actual innocence on the basis of biological or non-biological evidence regardless of his plea or the classification of the felony for which he was adjudicated delinquent. Currently such petitions are limited to those convicted, (i) in the case of biological evidence, of a Class 1 or Class 2 felony or equivalent felony upon any plea or of any other felony upon a plea of not guilty, or (ii) in the case of non-biological evidence, of any felony upon a plea of not guilty.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB223
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb223/
Bill Status:
- 01/10/12 - HB223 Introduced
- 01/10/12 – Referred to House Courts of Justice Committee
- 01/14/12- The RSOL of Virginia supports this bill
- 02/08/12 House: Subcommittee recommends passing by indefinitely by voice vote
- Done for 2012
SB91- Civil commitment of sexually violent predators
Sponsor/Patron - Sen. Janet Howell (D-Reston)
Co-Sponsor(s) -
Brief Explanation/Summary:
Removes current language citing the Static-99 and score of "5" as the factor that determines whether violent sex offenders who are being released from prison must be referred for further review for possible civil commitment as a sexually violent predator. In its place, the bill directs the Commissioner of the Department of Behavioral Health and Developmental Services to prescribe a process for the Department of Corrections to use to identify offenders who warrant further assessment as a possible sexually violent predator. The Departments must report biennially to the General Assembly on the process being used. This bill is derived from the Joint Legislative Audit and Review Commission staff report entitled Review of the Civil Commitment of Sexually Violent Predators released at the November 2011 JLARC meeting.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB91
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb91/
Bill Status:
- 01/10/12 – SB91 Introduced
- 01/10/12 – Referred to Senate Courts of Justice Committee
- 01/16/11- The RSOL of Virginia supports this bill
- 01/30/12 Senate: Incorporated into SB314
- Done for 2012
HB 331- Obscenity
Sponsor/Patron - Del. Ron Villanueva (R-Virginia Beach)
Co-Sponsor(s) -Del. Gordon Helsel (R-Poquoson), Del. David Ramadan (R-South Riding)
Brief Explanation/Summary:
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.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB331
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb331/
Bill Status:
- 01/10/12 – HB331 Introduced
- 01/10/12 – Referral Pending
- 01/14/12- Will be heard by Sub-Committee on 01/16/13. The RSOL of Virginia is not planning on opposing this bill.
- 01/16/12 House: Subcommittee recommends reporting (8-Y 1-N)
YEAS--Bell, Robert B., Albo, Cline, Gilbert, Miller, Villanueva, Morris, Herring--8. NAYS--Watts--1. - 02/01/12 House: Subcommittee recommends reporting (8-Y 0-N)
- 02/03/12 House: Reported from Courts of Justice (18-Y 0-N)
- 02/07/12 House: Read first time02/08/12 House: Read second time and engrossed
- This is an Attorney General’s bill and when asked for an example of a real situation where this would be needed on the House floor the Patron was unable to give an example just stating this is an AG’s bill.
- 02/09/12 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/09/12 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- HB331 now heads to the Senate to be debated and voted on
- 02/10/12 Senate: Constitutional reading dispensed
- 02/10/12 Senate: Referred to Committee for Courts of Justice
- 02/22/12 Senate: Passed by indefinitely in Courts of Justice (8-Y 7-N)
- Done for 2012
SB127- Sex offender registry; juvenile registration
Sponsor/Patron - Sen. William Stanley Jr. (R-Moneta)
Co-Sponsor(s) - Sen. Tommy Norment (R-Williamsburg)
Brief Explanation/Summary:
Requires registration on the sex offender registry for juveniles who were over the age of 13 at the time of the offense who were adjudicated delinquent on or after July 1, 2005, of rape, forcible sodomy, or object sexual penetration. Information on juveniles adjudicated delinquent does not have to be made available on the public website.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB127
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb127/
Bill Status:
- 01/10/12 – SB127 Introduced
- 01/10/12 – Referred to Senate Courts of Justice Committee
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/23/12 - This bill is for a “private” not public registry for juveniles, for life.
- 01/23/12 – The amendment to remove the retroactive application all the way back to July 1, 2005 passed. This would begin on July 1, 2012 now.
- 01/23/12 – The amendment to allow the juveniles to petition to be removed after 10 years failed.
- The Virginia Attorney General’s office spokesperson claims this bill will make Virginia Federal Adam Walsh Act/SORNA compliant. The RSOL of VA pointed out that it would not, that the VSP Troopers would need to increase their home visits from twice a year to four times a year and during the 2011 Virginia Crime Commission study the VSP claimed that would costs millions dollars more every year for the additional hiring of staff and the VSCC voted not to spend that money.
Virginia Senate Panel Endorses 2 Bills Targeting Sex Offenders, January 23, 2012:
http://www.washingtonpost.com/local/virginia-senate-panel-endorses-2-bills-targeting-sex-offenders/2012/01/23/gIQAHFnILQ_story.html - 01/23/12 Senate: Reported from Courts of Justice with substitute (9-Y 6-N)
YEAS--Norment, Saslaw, Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--9. NAYS--Marsh, Howell, Lucas, Edwards, Puller, McEachin--6 - 01/23/12 Senate: Committee substitute printed 12104571D-S1
- 01/23/12 Senate: Rereferred to Finance Committee
- 01/24/12 Senate: Incorporates SB412
- 01/24/12 The lifetime requirement for juveniles to register is still not acceptable to the RSOL of Virginia. We also believe the “private” registry would not apply forever. We feel the state would move them over to the public registry at some point. Even on a private registry all the restrictions and regulations that apply to RSO’s today would apply to the juveniles.
- 02/07/12 Senate: Reported from Finance with substitute (11-Y 4-N)
YEAS--Stosch, Colgan, Saslaw, Norment, Hanger, Watkins, Newman, Ruff, Wagner, McDougle, Vogel--11.
NAYS--Howell, Miller, Y.B., Marsh, Lucas--4. - 02/07/12 Senate: Committee substitute printed 12105206D-S2
- The substitute is about "general funds".
- 02/08/12 Senate: Constitutional reading dispensed (39-Y 0-N)
- See Bulletin Board Posting #457
- 02/09/12 Senate: Read second time
- 02/09/12 Senate: Committee substitute rejected 12104571D-S1
- 02/09/12 Senate: Reading of substitute waived
- 02/09/12 Senate: Committee substitute agreed to 12105206D-S2
- 02/09/12 Senate: Engrossed by Senate - committee substitute SB127S2
- 02/10/12 Senate: Read third time and passed Senate (26-Y 14-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Garrett, Hanger, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--26.
NAYS--Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Petersen, Puller--14.
Senate Passes Bills Requiring Registration of Juvenile Sex Offenders, Life Sentence for Others, February 10, 2012:
http://www.washingtonpost.com/local/senate-passes-bills-requiring-registration-of-juvenile-sex-offenders-life-sentence-for-others/2012/02/10/gIQA1nZM4Q_story.html - SB127 now heads to the House to be debated and voted on
- 02/16/12 House: Placed on Calendar
- 02/16/12 House: Read first time
- 02/16/12 House: Referred to Committee for Courts of Justice (Skipping the Criminal Sub-Committee and went right to Full Committee)
- See Bulletin Board Posting #469
- SB127 was re-amended to be just like HB624, retroactive to July 1, 2005 and a public registry.
- 02/20/12 House: Reported from Courts of Justice with substitute (12-Y 4-N)
YEAS--Albo, Kilgore, Bell, Robert B., Iaquinto, Gilbert, Miller, Loupassi, Villanueva, Habeeb, Farrell, Minchew, Johnson--12.
NAYS--Watts, Toscano, Herring, McClellan--4.
NOT VOTING--Cline, Morris--2. (absent for the day) - 02/21/12 House: Reconsidered by Courts of Justice
- 02/21/12 House: Reported from Courts of Justice with substitute (14-Y 4-N) YEAS--Albo, Kilgore, Bell, Robert B., Cline, Iaquinto, Gilbert, Miller, Loupassi, Villanueva, Habeeb, Farrell, Minchew, Morris, Johnson--14. NAYS--Watts, Toscano, Herring, McClellan--4.
- 02/21/12 House: Referred to Committee on Appropriations
- 02/28/12 House: Assigned App. sub: Public Safety
- 02/29/12 House: Subcommittee recommends reporting (7-Y 0-N)
- 02/29/12 House: Reported from Appropriations (22-Y 0-N)
- 03/02/12 House: Read second time
- 03/05/12 House: Read third time
- 03/05/12 House: Committee substitute agreed to 12105540D-H1
- 03/05/12 House: Amendments by Delegate Morrissey rejected
- 03/05/12 House: Engrossed by House - committee substitute SB127H1
- 03/05/12 House: Passed House with substitute (71-Y 23-N)
YEAS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Dudenhefer, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Hodges, Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Miller, Minchew, Morefield, Morris, O'Bannon, O'Quinn, Orrock, Peace, Poindexter, Putney, Ramadan, Ransone, Robinson, Rush, Scott, E.T., Sherwood, Stolle, Tata, Torian, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--71. NAYS--BaCote, Brink, Carr, Dance, Herring, Hope, Howell, A.T., James, Kory, Lopez, McClellan, McQuinn, Morrissey, Plum, Scott, J.M., Sickles, Spruill, Surovell, Toscano, Tyler, Ward, Ware, O., Watts--23.
NOT VOTING--Bulova, Crockett-Stark, Englin, Pogge, Purkey, Rust--6.
Delegate Webert was recorded as not voting. Intended to vote yea.
Delegate Alexander was recorded as yea. Intended to vote nay.
Delegate Torian was recorded as yea. Intended to vote nay. - 03/06/12 Senate: House substitute rejected by Senate (4-Y 36-N)
- YEAS--Martin, Newman, Norment, Stosch--4.
NAYS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stuart, Vogel, Wagner, Watkins--36. - 03/07/12 House: House insisted on substitute
- 03/07/12 House: House requested conference committee
- 03/08/12 Senate: Senate acceded to request (39-Y 1-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--Howell--1. - 03/08/12 Senate: Conferees appointed by Senate
- 03/08/12 Senate: Senators: Stanley, Vogel, Reeves
- 03/08/12 House: Conferees appointed by House
- 03/08/12 House: Delegates: Albo, Bell, Robert B, Johnson
- 03/10/12 Senate: No further action taken
- 03/10/12 Senate: Failed to pass in Senate
- Done for 2012
HB413- Sex Offender and Crimes Against Minors Registry; prohibited publication of registrant employment inf
Sponsor/Patron - Del. Vivian Watts (D-Annandale)
Co-Sponsor(s) - Del. Patrick Hope (D-Arlington)
Brief Explanation/Summary:
Prohibits information regarding the employer of a Sex Offender Registry registrant from being made available on the Internet system developed by the Department of State Police.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb413
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb413/
Bill Status:
- 01/10/12 – H413 Introduced
- 01/10/12 – Referral Pending
- 01/10/12 – See Bulletin Board Posting #425
- 01/14/12- The RSOL of Virginia supports this bill
- 01/27/12 House: Referred from Militia, Police and Public Safety by voice vote
- 01/27/12 House: Referred to Committee for Courts of Justice
- 02/02/12 House: Assigned Courts sub: #1 Criminal
- 02/06/12 House: Subcommittee recommends laying on the table by voice vote
- 02/06/12 See Bulletin Board Posting #454
- Done for 2012
HB416- Sex offender registry; registration and reregistration
Sponsor/Patron - Del. Vivian Watts (D-Annandale)
Co-Sponsor(s) - Del. Patrick Hope (D-Arlington)
Brief Explanation/Summary:
Makes procedural changes to some of the registration and reregistration requirements 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=121&typ=bil&val=hb416
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb416/
Bill Status:
- 01/10/12 – H416 Introduced
- 01/10/12 – Referral Pending
- 01/10/12 – See Bulletin Board Posting #425
- 01/11/12 - Referred to House Militia, Police and Public Safety Committee
- 01/14/12- The RSOL of Virginia supports this bill
- 01/27/12 House: Referred from Militia, Police and Public Safety by voice vote
- 01/27/12 House: Referred to Committee for Courts of Justice
- 02/02/12 House: Assigned Courts sub: #1 Criminal
- 02/06/12 House: Subcommittee recommends laying on the table by voice vote
- 02/06/12 See Bulletin Board Posting #454
- Done for 2012
HB624- Sex offender registry; juvenile registration
Sponsor/Patron - Del. Dave Albo (R-Springfield)
Co-Sponsor(s) -Del. Gordon Helsel (R-Poquoson), Del. John O’Bannon (R-Richmond), Del. David Ramadan (R-South Riding)
Brief Explanation/Summary:
Requires registration on the sex offender registry for juveniles who were over the age of 13 at the time of the offense who were adjudicated delinquent on or after July 1, 2005, of rape, forcible sodomy or object sexual penetration.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB624
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb624/
Bill Status:
- 01/10/12 – HB624 Introduced
- 01/10/12 – Referral Pending
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/30/12 House: Subcommittee recommends reporting (6-Y 2-N)
- 01/30/12 House: Subcommittee recommends referring to Committee on Appropriations
YEAS--Bell, Robert B., Albo, Gilbert, Miller, Villanueva, Morris--6.
NAYS--Watts, Herring--2.
NOT VOTING--Cline--1. - HB624 was then referred to the House Committee on Appropriations.
Please e-mail every member of the Appropriations Commiiteee today and ask them to vote “no” on HB624. - See Bulletin Board Posting #449 for our public statement and those e-mail addresses
- 02/03/12 House: Reported from Courts of Justice (11-Y 4-N)
YEAS--Albo, Bell, Robert B., Cline, Iaquinto, Gilbert, Miller, Loupassi, Villanueva, Farrell, Morris, Johnson--11.
NAYS--Watts, Toscano, Herring, McClellan--4.
NOT VOTING--Kilgore, Habeeb, Minchew--3. (They had already left for the day) - 02/03/12 House: Referred to Committee on Appropriations
- 02/06/12 House: Assigned App. sub: Public Safety
- 02/10/12 House: Subcommittee recommends reporting (7-Y 0-N)
- 02/10/12 House: Reported from Appropriations (21-Y 0-N)
- 02/12/12 House: Read first time
- 02/13/12 House: Read second time
- 02/13/12 House: Amendment by Delegate Surovell rejected
Line 77, introduced, after July 1,
Strike, 2005
Insert, 2012 - 02/13/12 House: Engrossed by House
- 02/14/12 House: Read third time and passed House (74-Y 26-N)
YEAS--Albo, Anderson, Bell, Richard P., Bell, Robert B., Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dudenhefer, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Hodges, Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McClellan, Merricks, Miller, Minchew, Morris, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Sherwood, Stolle, Tata, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--74. NAYS--Alexander, BaCote, Brink, Carr, Dance, Englin, Herring, Hope, Howell, A.T., James, Kory, Lopez, McQuinn, Morefield, Morrissey, Plum, Scott, J.M., Sickles, Spruill, Surovell, Torian, Toscano, Tyler, Ward, Ware, O., Watts--26. - HB624 now heads to the Senate to be discussed and voted on.
- 02/15/12 Senate: Constitutional reading dispensed
- 02/15/12 Senate: Referred to Committee for Courts of Justice
- 02/22/12 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
This substitute makes HB624 identical to SB127. If SB127 is returned to the state it was when it left the Senate which is what is currently planned then HB624 has become a “private” registry and it is NOT retroactive back to 2005, it begins July 1, 2012. - 02/22/12 Senate: Committee substitute printed 12105614D-S1
- 02/22/12 Senate: Rereferred to Finance
- The RSOL of Virginia appreciates the amendments but has asked for another amendment to allow juveniles to petition to be removed from this registry and all the restrictions that go along with being an RSO in Virginia. If they have gone 10-15 years with no new charges they should be removed.
In a perfect world neither of these juvenile registration bills would pass the second chamber they’d be Passed By Indefinitely so the judges could continue to do their job. Ruling on each case based on the evidence, the therapists evaluation, the criminal record and everyone involved in the sexual encounter. - 02/28/12 Senate: Reported from Finance (11-Y 4-N)
YEAS--Stosch, Colgan, Saslaw, Norment, Hanger, Watkins, Newman, Ruff, Wagner, McDougle, Vogel--11.
NAYS--Howell, Miller, Y.B., Marsh, Lucas--4. - 02/29/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/01/12 Senate: Read third time
- 03/01/12 Senate: Reading of substitute waived
- 03/01/12 Senate: Committee substitute agreed to 12105614D-S1
- 03/01/12 Senate: Engrossed by Senate - committee substitute HB624S1
- 03/01/12 Senate: Passed Senate with substitute (34-Y 6-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Favola, Garrett, Hanger, Herring, Howell, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--34.
NAYS--Ebbin, Edwards, Locke, Lucas, Marsden, Miller, Y.B.--6. - 03/01/12 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
- 03/01/12 Senate: Passed Senate with substitute (25-Y 15-N)
YEAS--Black, Blevins, Carrico, Deeds, Garrett, Hanger, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--25.
NAYS--Barker, Colgan, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Petersen, Puller--15. - 03/02/12 House: Placed on Calendar
- 03/05/12 House: Senate substitute rejected by House 12105614D-S1 (17-Y 79-N)
YEAS--Alexander, Brink, Carr, Filler-Corn, Herring, Hope, James, McClellan, Plum, Scott, J.M., Sickles, Spruill, Surovell, Torian, Toscano, Ware, O., Watts--17.
NAYS--Albo, Anderson, BaCote, Bell, Richard P., Bell, Robert B., Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, M.K., Dance, Edmunds, Fariss, Farrell, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Kory, Landes, LeMunyon, Lewis, Lingamfelter, Lopez, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McQuinn, Merricks, Miller, Minchew, Morefield, Morris, Morrissey, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Sherwood, Stolle, Tata, Tyler, Villanueva, Ward, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--79.
NOT VOTING--Cox, J.A., Crockett-Stark, Dudenhefer, Englin--4.
Delegate Webert was recorded as not voting. Intended to vote yea.
Delegate BaCote was recorded as nay. Intended to vote yea.
Delegate Crockett-Stark was recorded as not voting. Intended to vote yea.
Delegate Lopez was recorded as nay. Intended to vote yea.
Delegate Torian was recorded as yea. Intended to vote nay. - 03/05/12 House: VOTE: REJECTED (17-Y 79-N)
- 03/06/12 Senate: Senate insisted on substitute (40-Y 0-N)
- 03/06/12 Senate: Senate requested conference committee
- 03/07/12 House: House acceded to request
- 03/07/12 House: Conferees appointed by House
- 03/07/12 House: Delegates: Albo, Bell, Robert B., Johnson
- 03/08/12 Senate: Conferees appointed by Senate
- 03/08/12 Senate: Senators: Vogel, Reeves, Garrett
- 03/10/12 House: No further action taken
- 03/10/12 House: Failed to pass in House
- Done for 2012
HB537- Dangerous dog registry
Sponsor/Patron - Del. Bobby Orrock (R-Thornburg)
Co-Sponsor(s) -
Brief Explanation/Summary:
Changes the procedure by which dangerous dogs are registered in Virginia. The bill requires an animal control officer, instead of the State Veterinarian, to post dangerous dog registration information on the registry website. Currently, the animal control officer provides a copy of the registration certificate and verification of compliance of the owner with the registration procedures to the State Veterinarian. The owner of an animal found to be a dangerous dog has to obtain a registration certificate from the local animal control officer or treasurer with 45 days. The current law requires the owner to obtain a certificate within 10 days. The fee for the certificate is increased from $50 to $150. By January 31 of each year, the certificate has to be updated and renewed by the owner at a fee of $85. A portion of the fees collected shall go to the State Veterinarian to maintain the registry.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB537
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb537/
Bill Status:
- 01/11/12 – HB537 Introduced
- 01/11/12 – Referred to Committee on Agriculture, Chesapeake and Natural Resources
- Companion Bill SB305
- 01/11/12 – RSOL of VA will be monitoring HB537. Once the state begins implementing a renewal fee for the maintenance of a mandatory registry it will trickle down to the only other public registry in Virginia, registered sex offenders. There are too many RSO’s who can’t find a job, housing or even own a vehicle not to mention the homeless RSO’s. A fee for the RSO’s is not an option!
- 01/10/12 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
- 01/18/12 House: Assigned ACNRsub: Agriculture
- 01/30/12 House: Subcommittee recommends reporting (7-Y 0-N)
- 02/01/12 House: Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N)
- 02/02/12 House: Read first time
- 02/03/12 House: Read second time and engrossed
- 02/06/12 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/06/12 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/07/12 Senate: Constitutional reading dispensed
- 02/07/12 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
- 02/16/12 Senate: Reported from Agriculture, Conservation and Natural Resources (13-Y 1-N)
- 02/20/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/21/12 Senate: Read third time
- 02/21/12 Senate: Passed by for the day
- 02/22/12 Senate: Read third time
- 02/22/12 Senate: Passed Senate (39-Y 0-N)
- 02/27/12 House: Enrolled
- 02/27/12 House: Bill text as passed House and Senate (HB537ER)
- 02/27/12 House: Signed by Speaker (Del. William Howell)
- 02/28/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- HB537 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 03/13/12 Governor: Approved by Governor-Chapter 236 (Becomes law effective 07/01/12)
SB305- Dangerous dog registry
Sponsor/Patron -Sen. Harry Blevins (R-Chesapeake)
Co-Sponsor(s) -
Brief Explanation/Summary:
Changes the procedure by which dangerous dogs are registered in Virginia. The bill requires an animal control officer, instead of the State Veterinarian, to post dangerous dog registration information on the registry website. Currently, the animal control officer provides a copy of the registration certificate and verification of compliance of the owner with the registration procedures to the State Veterinarian. The owner of an animal found to be a dangerous dog has to obtain a registration certificate from the local animal control officer or treasurer with 45 days. The current law requires the owner to obtain a certificate within 10 days. The fee for the certificate is increased from $50 to $150. By January 31 of each year, the certificate has to be updated and renewed by the owner at a fee of $85. A portion of the fees collected shall go to the State Veterinarian to maintain the registry.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb305
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb305/
Bill Status:
- 01/11/12 – SB305 Introduced
- 01/11/12 – Referred to Committee on Agriculture, Conservation and Natural Resources
- Companion Bill HB537
- 01/11/12 – RSOL of VA will be monitoring SB305. Once the state begins implementing a renewal fee for the maintenance of a mandatory registry it will trickle down to the only other public registry in Virginia, registered sex offenders. There are too many RSO’s who can’t find a job, housing or even own a vehicle not to mention the homeless RSO’s. A fee for the RSO’s is not an option!
- 01/10/12 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
- 01/19/12 Senate: Reported from Agriculture, Conservation and Natural Resources (15-Y 0-N)
- 01/23/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/24/12 Senate: Passed by for the day
- 01/25/12 Senate: Read second time and engrossed
- 01/26/12 Senate: Read third time and passed Senate (38-Y 0-N)
- 01/26/12 Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
- 01/26/12 Senate: Passed Senate (40-Y 0-N)
- SB305 heads to the House to be debated and voted on
- 02/13/12 House: Placed on Calendar
- 02/13/12 House: Read first time
- 02/13/12 House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
- E. The owner of any animal found to be a dangerous dog shall, within
1045 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer or treasurer for a fee of$50$150, in addition to other fees that may be authorized by law. The local animal control officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times.AllBy January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewedannuallyforthe samea fee of $85 and in the same manner as the initial certificate was obtained. The animal control officer shallprovide a copy of the dangerous dog registration certificate and verification of compliance to the State Veterinarianpost registration information on the Virginia Dangerous Dog Registry. - 02/15/12 House: Reported from Agriculture, Chesapeake and Natural Resources (21-Y 0-N)
- 02/16/12 House: Read second time
- 02/17/12 House: Read third time
- 02/17/12 House: Passed House BLOCK VOTE (98-Y 0-N)
- 02/17/12 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/21/12 Senate: Enrolled
- 02/21/12 Senate: Bill text as passed Senate and House (SB305ER)
- 02/21/12 House: Signed by Speaker (Del. William Howell)
- 02/22/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
SB305 now goes to Governor McDonnell to be signed into law, vetoed or amended - 03/06/12 Governor: Approved by Governor-Chapter 107 (effective 7/1/12)
HB688- Special driver’s license required for convicted methamphetamine offenders
Sponsor/Patron - Del. Israel O'Quinn (R-Bristol)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that any person convicted of a violation of § 18.2-248, 18.2-248.02, 18.2-248.03, 18.2-266, 29.1-738, or 46.2-341.24 when such offense involves the possession, manufacture, sale, or consumption of methamphetamine shall be required, if he is licensed to drive a motor vehicle in the Commonwealth, to have a special driver’s license containing a unique identifying mark for a period of 18 months following his first licensure after the conviction indicating that he is a convicted methamphetamine offender. The same restriction would apply to a special identification card issued by the Department of Motor Vehicles.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB688
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb688/
Bill Status:
- 01/11/12 – HB688 Introduced
- 01/11/12 – Referral Pending
- 01/11/12 – RSOL of VA will be monitoring HB688. Once the state begins to mandate special driver’s licenses “marked” with any type of past conviction it will trickle down into other types of convictions and labels, like registered sex offenders.
- 01/20/12 House: Assigned Transportation sub: #3
- 01/24/12 House: Subcommittee recommends laying on the table (6-Y 0-N)
YEAS--Scott, E.T., Villanueva, Habeeb, Yancey, Brink, McQuinn--6. - Done for 2012
HB753- Juvenile offenses requiring registration; motions by the attorney for the Commonwealth
Sponsor/Patron - Del. Ben Cline (R-Amherst)
Co-Sponsor(s)
Brief Explanation/Summary:
Permits the attorney for the Commonwealth to file a motion with the court at any time considering juveniles who have been adjudicated delinquent of any offense requiring registration. Currently, the law does not specifically address any time frame during which the attorney for the Commonwealth may file the required motion.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB753
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb753/
Bill Status:
- 01/11/12 – HB753 Introduced
- 01/11/12 – Referral Pending
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/18/12 House: Subcommittee recommends reporting (6-Y 3-N)
-YEAS--Bell, Robert B., Cline, Gilbert, Miller, Villanueva, Morris--6.
-NAYS--Albo, Watts, Herring--3.
We find it interesting that Gilbert voted “yea” since he was not in the room during ANY of the discussion or for the vote.
House Subcommittee Backs Bill Dealing with Placing Juveniles on Sex-offender Registry, January 18, 2012:
http://www.therepublic.com/view/story/f1a4e5cf4b194b9689a616ef4e14e248/VA--XGR-Juvenile-Sex-Offenders/ - We now better understand HB753.
-This Bill if passed into law would allow for the indefinite consideration of being added to the sex offender registry any person being adjudicated delinquent of a Sex Offense as a Juvenile.
-The discussion held on 01/18 was that if a person who was adjudicated delinquent for a sex offense had no future sex offenses but at some point in the future committed any crime whatsoever could be placed on the sex offender registry. Simply put if 10, 20 or 50 years had passed since their sex offense as a juvenile, the individual stole a newspaper, the conviction of stealing a news paper would have him added to the Virginia Sex Offender Registry. Our courts (the judge) currently have the discretion depending on the specifics of a sexual offence and the circumstances surrounding the crime to add any individual to the States Sex Offender Registry, for their sex offense conviction.
-But with this bill we would be allowing any/all Commonwealth Attorneys to petition to have this person added to the registry years later amounts to double jeopardy. We believe this action then constitutes their addition to the Virginia Sex Offender Registry as a “punishment” for crimes that were not sexually related. The Sex Offender Registries are only constitutional because they are deemed “administrative” but to hold the possibility of future registration over a citizen’s head for the rest of their life if they are ever convicted of another crime is a punishment. If the Commonwealth took such steps we believe it would be a Constitutional violation of the use of the Virginia registry.
-Assuming as with most convictions in the Commonwealth (97+%), the conviction was a result of a plea agreement wherein there was no duty to register, then a third constitutional issue arises where the plea agreement was contingent on the predicate of not having to register as a sex offender. If the state of Virginia then adds a citizen to the register for a drug charge or DUI then that would be a clear case of Breach of Contract by the Commonwealth. - 01/23/12 House: Reported from Courts of Justice with amendment (18-Y 0-N)
“during which the offender is within the jurisdiction of the court”
This means that a decision MUST be made about registration before the “juvenile” turns 21 years old.
This is better than holding the possibility over their head for the rest of their life if they are EVER charged with ANY new crime. - 01/25/12 House: Read first time on the floor
- 01/26/12 House: Read second time
- 01/26/12 House: Committee amendment agreed to
- 01/26/12 House: Engrossed by House as amended HB753E
- 01/26/12 House: Printed as engrossed 12102732D-E
- 01/27/12 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 01/27/12 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 01/30/12 Senate: Constitutional reading dispensed
- 01/30/12 Senate: Referred to Committee for Courts of Justice
- 02/13/12 Senate: Reported from Courts of Justice with substitute (12-Y 3-N)
YEAS--Saslaw, Howell, Lucas, Edwards, Puller, Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--12.
NAYS--Norment, Marsh, McEachin--3. - 02/13/12 Senate: Committee substitute printed 12105412D-S1
“Prior to any hearing on such motion, the court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel has already been appointed”. - 02/14/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/15/12 Senate: Read third time
- 02/15/12 Senate: Reading of substitute waived
- 02/15/12 Senate: Committee substitute agreed to 12105412D-S1
- 02/15/12 Senate: Engrossed by Senate - committee substitute HB753S1
- 02/15/12 Senate: Passed Senate with substitute (34-Y 6-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Lucas, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--34.
NAYS--Deeds, Locke, Marsden, Marsh, McEachin, Miller, Y.B.--6. - 02/16/12 House: Placed on Calendar
- 02/17/12 House: Passed by for the day
- 02/20/12 House: Passed by for the day
- 02/21/12 House: Senate substitute agreed to by House 12105412D-S1 (100-Y 0-N)
- 02/21/12 House: VOTE: ADOPTION (100-Y 0-N)
- 02/24/12 House: Enrolled
- 02/24/12 House: Bill text as passed House and Senate (HB753ER)
- 02/24/12 House: Signed by Speaker (Del. William Howell)
- 02/27/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- HB753 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 03/13/12 Governor: Approved by Governor-Chapter 243 (Becomes law effective 07/01/12)
SB314- Sexually violent predators; civil commitment
Sponsor/Patron - Sen. Harry Blevins (R-Chesapeake)
Co-Sponsor(s) -
Brief Explanation/Summary:
Eliminates the use of the Static-99 assessment instrument for evaluating whether a prisoner convicted of a sexually violent offense or an unrestorably incompetent defendant charged with a sexually violent offense should be civilly committed. Instead, the Director of the Department of Corrections, in coordination with the Attorney General and the Department of Behavioral Health and Developmental Services, shall develop an assessment protocol to determine whether the prisoner or defendant meets the definition of a sexually violent predator. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB314
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb314/
Bill Status:
- 01/11/12 – SB314 Introduced
- 01/11/12 – Referred to Senate Courts of Justice Committee
- Companion Bill SB91
- 01/11/12 - Referred to House Militia, Police and Public Safety Committee
- 01/16/11- The RSOL of Virginia supports the elimination of the Static 99 but not the increase of time for the state to evaluate to 180 days.
- 01/30/12 Senate: Committee substitute printed 12104888D-S1
- 01/30/12 Senate: Incorporates SB91
- 01/30/12 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 01/31/12 Senate: Constitutional reading dispensed (38-Y 2-N)
- 02/01/12 Senate: Read second time
- 02/01/12 Senate: Reading of substitute waived
- 02/01/12 Senate: Committee substitute agreed to 12104888D-S1
- 02/01/12 Senate: Engrossed by Senate - committee substitute SB314S1
- 02/02/12 Senate: Read third time and passed Senate (40-Y 0-N)
- SB314 now heads to the House to be debated and voted on
- 02/13/12 House: Placed on Calendar
- 02/13/12 House: Read first time
- 02/13/12 House: Referred to Committee for Courts of Justice
- 02/15/12 House: Reported from Courts of Justice with substitute (18-Y 0-N)
- 02/15/12 House: Committee substitute printed 12105444D-H1
- The portion of this bill to cease using the Static-99 Assessment tool per the 2011 JLARC study has been completely removed from this bill.
- 02/17/12 House: Read second time02/20/12 House: Read third time
- 02/20/12 House: Committee substitute agreed to 12105444D-H1
- 02/20/12 House: Engrossed by House - committee substitute SB314H1
- 02/20/12 House: Passed House with substitute BLOCK VOTE (98-Y 0-N)
- 02/20/12 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/20/12 House: Reconsideration of House passage agreed to by House
- 02/20/12 House: Passed House with substitute BLOCK VOTE (98-Y 0-N)
- 02/20/12 House: VOTE: PASSAGE #2 (98-Y 0-N)
- 02/22/12 Senate: House substitute agreed to by Senate (38-Y 0-N)
- 02/22/12 Senate: Title replaced 12105444D-S1
- 02/27/12 Senate: Enrolled
- 02/27/12 Senate: Bill text as passed Senate and House (SB314ER)
- 02/27/12 House: Signed by Speaker (Del. William Howell)
- 02/28/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- SB314 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 04/06/12 Governor: Approved by Governor-Chapter 668 (Becomes law effective 01/01/13)
HB944- Commitment of sexually violent predators; probable cause hearing.
Sponsor/Patron - Del. Ron Villanueva (R-Virginia Beach)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that the hearing to determine whether probable cause exists to believe that a person is a sexually violent predator who should be civilly committed may be conducted by using a two-way electronic video and audio communication system.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb944
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb944/
Bill Status:
- 01/11/12 – HB994 Introduced
- 01/10/12 – Referral Pending
- Companion Bill SB461
- 01/16/11- The RSOL of Virginia will be opposing this bill
- 01/11/12 House: Referred to Committee on Health, Welfare and Institutions
- 01/19/12 House: Referred from Health, Welfare and Institutions by voice vote
- 01/19/12 House: Referred to Committee for Courts of Justice
- 01/23/12 House: Assigned Courts sub: #1 Criminal
- 02/01/12 The RSOL of Virginia made a public statement in opposition to this bill
- 02/01/12 House: Subcommittee recommends reporting (5-Y 3-N)
YEAS--Bell, Robert B., Cline, Gilbert, Miller, Villanueva--5.
NAYS--Albo, Watts, Herring--3.
NOT VOTING--Morris--1. (Absent from the sub-committee meeting) - 02/03/12 House: Reported from Courts of Justice (9-Y 5-N)
YEAS--Bell, Robert B., Cline, Iaquinto, Gilbert, Villanueva, Farrell, Minchew, Morris, Johnson--9.
NAYS--Albo, Watts, Toscano, Herring, McClellan--5.
NOT VOTING--Kilgore, Miller, Loupassi, Habeeb--4. - 02/07/12 House: Read first time
- 02/08/12 House: Read second time and engrossed
- 02/09/12 House: Read third time and passed House (74-Y 23-N 1-A)
- 02/09/12 House: VOTE: PASSAGE (74-Y 23-N 1-A)
YEAS--Anderson, Bell, Richard P., Bell, Robert B., Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dance, Dudenhefer, Fariss, Farrell, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Kilgore, Knight, Kory, Landes, LeMunyon, Lewis, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Miller, Minchew, Morefield, Morris, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Scott, J.M., Sherwood, Stolle, Tata, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--74.
NAYS--Albo, Alexander, BaCote, Brink, Bulova, Carr, Filler-Corn, Hope, James, Keam, Lopez, McClellan, McQuinn, Morrissey, Plum, Sickles, Surovell, Torian, Toscano, Tyler, Ward, Ware, O., Watts--23.
ABSTENTIONS--Englin--1.
NOT VOTING--Edmunds, Spruill--2. - HB944 now heads to the Senate to be debated and voted on
- 02/10/12 Senate: Constitutional reading dispensed
- 02/10/12 Senate: Referred to Committee for Courts of Justice
- 02/20/12 Senate: Reported from Courts of Justice (9-Y 6-N)
YEAS--Norment, Saslaw, Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--9.
NAYS--Marsh, Howell, Lucas, Edwards, Puller, McEachin--6. - 02/21/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/22/12 Senate: Read third time
- 02/22/12 Senate: Passed Senate (24-Y 15-N)
YEAS--Black, Blevins, Carrico, Colgan, Deeds, Garrett, Hanger, Martin, McDougle, McWaters, Newman, Norment, Obenshain, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--24.
NAYS--Barker, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Petersen, Puller--15. - NOT VOTING--Northam--1.
- 02/27/12 House: Enrolled
- 02/27/12 House: Bill text as passed House and Senate (HB944ER)
- 02/27/12 House: Signed by Speaker (Del. William Howell)
- 02/28/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- HB944 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 03/13/12 Governor: Approved by Governor-Chapter 246 (Becomes law effective 07/01/12)
HB 963- Child pornography; solicitation by use of Internet, electronic communication, etc, penalty
Sponsor/Patron - Del. Rob Bell (R-Charlottesville)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that any person who solicits another person by use of the Internet, any electronic communication, or by any other means of communication, to (i) send or submit to him or to another individual, group, or association any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography or (ii) send, submit, transfer, or provide to him any child pornography in exchange for money or anything of value shall be punished by not less than five years nor more than 20 years in a state correctional facility, with a five-year mandatory minimum term of imprisonment for a second or subsequent violation.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb963
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb963/
Bill Status:
- 01/11/12 – HB963 Introduced
- 01/11/12 – Referral Pending
- 01/13/12- Referred to House Courts of Justice Committee
- 01/17/12- We do have a concern with this bill as written. In the verbiage “solicits another person by use of the Internet or electronic device” and also “to send, submit, transfer or provide child pornography in exchange for money or anything of value” In Virginia child pornography is defined as the sexual image of anyone under the age of 18 years old. This does not even require nudity, being in sheer undergarments would also be considered. Our concern lies in the wording of the exchange for "anything of value". An over zealous prosecutor could make the argument that a sexting teen seeking a reciprocal picture from their boyfriend/girlfriend or just while aggressively flirting with another, is seeking something of value, namely a picture of them in return, a date, or simply praise. The word "value" is just too subjective. Why else send a sext unless the sender wants something in return, once again recognition, a pic, etc. that has some value to them as an individual. We are recommending they clearly define “anything of value” AND add an exception to the bill stating it does not apply in the case of a minor sending a picture or video of themselves to another.
- 02/01/12 Before the RSOL of Virginia stood to voice our concern with this bill, a Delegate figured out the issues and the sub-committee worked for about 20 minutes to fix it with an amendment. We no longer have any concerns with HB963 capturing up any teens who “sext” each other. Now it is directed at those who belong to on-line clubs that exchange child porn.
- 02/01/12 House: Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
- 02/01/12 House: Subcommittee recommends referring to Committee on Appropriations
- 02/06/12 House: Assigned App. sub: Public Safety
- 02/10/12 House: Subcommittee recommends reporting (7-Y 0-N)
- 02/10/12 House: Reported from Appropriations (20-Y 1-N)
YEAS--Putney, Tata, Ingram, May, Sherwood, Cox, M.K., Landes, Jones, O'Bannon, Lingamfelter, Poindexter, Massie, Scott, E.T., Peace, Greason, Scott, J.M., Joannou, Brink, Howell, A.T., Dance--20.
NAYS--Ware, O.--1.
NOT VOTING--BaCote--1. - 02/03/12 House: Reported from Courts of Justice with substitute (18-Y 0-N)
- 02/03/12 House: Committee substitute printed 12105031D-H1
- 02/03/12 House: Referred to Committee on Appropriations
- 02/06/12 House: Assigned App. sub: Public Safety
- 02/10/12 House: Subcommittee recommends reporting (7-Y 0-N)
- 02/10/12 House: Reported from Appropriations (20-Y 1-N)
YEAS--Putney, Tata, Ingram, May, Sherwood, Cox, M.K., Landes, Jones, O'Bannon, Lingamfelter, Poindexter, Massie, Scott, E.T., Peace, Greason, Scott, J.M., Joannou, Brink, Howell, A.T., Dance--20.
NAYS--Ware, O.--1.
NOT VOTING--BaCote--1. - 02/12/12 House: Read first time
- 02/13/12 House: Read second time
- 02/13/12 House: Committee substitute agreed to 12105031D-H1
“(ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography” - 02/13/12 House: Engrossed by House - committee substitute HB963H1
- 02/14/12 House: Read third time and passed House (99-Y 0-N)
- 02/14/12 House: Reconsideration of passage agreed to by House
- 02/14/12 House: Passed House (100-Y 0-N)
- HB963 now heads to the Senate to be debated and voted on
- 02/15/12 Senate: Constitutional reading dispensed
- 02/15/12 Senate: Referred to Committee for Courts of Justice
- 02/27/12 Senate: Reported from Courts of Justice (15-Y 0-N)
- 02/27/12 Senate: Rereferred to Finance
- 02/28/12 Senate: Reported from Finance (15-Y 0-N)
- 02/29/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/01/12 Senate: Read third time
- 03/01/12 Senate: Passed Senate (40-Y 0-N)
- 03/01/12 Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
- 03/01/12 Senate: Passed Senate (39-Y 0-N)
- 03/07/12 House: Enrolled
- 03/07/12 House: Bill text as passed House and Senate (HB963ER)
- 03/07/12 House: Signed by Speaker (Del. William Howell)
- 03/08/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- HB963 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 03/23/12 Governor: Approved by Governor-Chapter 369 (effective 7/1/12)
HB973- Sex crimes; penalties
Sponsor/Patron - Del. Rob Bell (R-Charlottesville)
Co-Sponsor(s) -Del. Dave Albo (R-Springfield), Del. Gordon Helsel (R-Poquoson), Del. Don Merricks (R-Danville), Del. David Ramadan (R-South Riding)
Brief Explanation/Summary:
Imposes a mandatory minimum life sentence for rape, forcible sodomy, and object sexual penetration of a child under the age of 13.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb973
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb973/
Bill Status:
- 01/11/12 – HB973 Introduced
- 01/11/12 – Referral Pending
- Companion Bill SB436
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 02/01/12 An amendment was made similar to SB426.
The Amendment:
“18 years of age or older at the time of the offense shall include a mandatory minimum term of confinement of life. The penalty for an offender who was convicted of a violation of subdivision A 1 who was younger than 18 years of age at the time of the offense and more than three years older than the victim” “The penalty for an offender who was convicted of a violation of subdivision A 1 who was younger than 18 years of age at the time of the offense and more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89, 18.2-90 or 18.2-91, or (iii) § 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, and the judge shall impose, in addition to any the active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.”
This Amendment adjusts the life sentence to those 18 years and above and for 12-17 year olds it becomes a mandatory 25 years in prison. Two examples: A 12 year old and a 12 year old for rape, sodomy or object penetration the 12 year old assailant will be sentenced to 25 years. A 12 year old and a 16 or 17 year old, the 16 or 17 year old will be sentenced to 25 years in prison. Once the 25 year sentence has been served they will then face civil commitment as an SVP so in the end it’s a life sentence even with this amendment.
After the RSOL of Virginia made their opposition statement a Delegate recommended a second amendment to remove the 25 year mandate for juveniles which would have left the bill as just a mandatory minimum of life for a first offense by a 18 year old or older onto a 12 year old or younger. In response to the suggested amendment Delegate Gilbert told the sub-committee I urge you to reject this amendment, and 5 out of 7 did. So this bill still imprisons 15, 16 and 17 year olds for 25 years. - 02/01/12 House: Subcommittee recommends reporting with amendment(s) (5-Y 2-N)
YEAS--Bell, Robert B., Albo, Gilbert, Miller, Villanueva--5.
NAYS--Watts, Herring--2.
NOT VOTING--Cline, Morris (Absent from the sub-committee meeting) --2. - 02/01/12 House: Subcommittee recommends referring to Committee on Appropriations
- See Bulletin Board Posting #451 for an Action Item!
- 02/03/12 House: Reported from Courts of Justice with substitute (8-Y 5-N)
YEAS--Albo, Bell, Robert B., Cline, Iaquinto, Gilbert, Villanueva, Farrell, Morris--8.
NAYS--Johnson, Watts, Toscano, Herring, McClellan--5.
NOT VOTING--Kilgore, Miller, Loupassi, Habeeb, Minchew--5. (They had already left for the day) - 02/03/12 House: Referred to Committee on Appropriations
- 02/12/12 House: Read first time
- 02/13/12 House: Read second time
- 02/13/12 House: Committee substitute agreed to 12104557D-H1
- 02/13/12 House: Amendments by Delegate Watts rejected (15-Y 70-N)
Strike, “shall include a mandatory minimum term of confinement of 25 years” - 02/13/12 House: VOTE: REJECTED (15-Y 70-N)
YEAS--Brink, Carr, Englin, Herring, Hope, Kory, McClellan, Morrissey, Plum, Scott, J.M., Surovell, Torian, Toscano, Ward, Watts--15.
NAYS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Dudenhefer, Edmunds, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, James, Joannou, Johnson, Jones, Keam, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Lopez, Loupassi, Marshall, D.W., McQuinn, Merricks, Miller, Minchew, Morris, O'Bannon, O'Quinn, Orrock, Peace, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rust, Scott, E.T., Sherwood, Sickles, Spruill, Stolle, Tyler, Ware, O., Watson, Webert, Wilt, Wright, Yost, Mr. Speaker--70.
NOT VOTING--BaCote, Crockett-Stark, Dance, Fariss, Kilgore, Marshall, R.G., Massie, May, Morefield, Pogge, Rush, Tata, Villanueva, Ware, R.L., Yancey--15. - 02/13/12 House: Engrossed by House - committee substitute HB973H1
- 02/14/12 House: Read third time and passed House (88-Y 11-N)
YEAS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Brink, Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dance, Dudenhefer, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, James, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Kory, Landes, LeMunyon, Lewis, Lingamfelter, Lopez, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McQuinn, Merricks, Minchew, Morefield, Morris, O'Bannon, O'Quinn, Orrock, Peace, Plum, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Scott, J.M., Sherwood, Spruill, Stolle, Tata, Torian, Toscano, Tyler, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--88.
NAYS--BaCote, Carr, Englin, Hope, McClellan, Morrissey, Sickles, Surovell, Ward, Ware, O., Watts--11.
NOT VOTING--Miller--1. - 02/15/12 Senate: Constitutional reading dispensed
- 02/15/12 Senate: Referred to Committee for Courts of Justice
- 02/22/12 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
This substitute makes HB973 identical to SB436. Which no longer has a mandatory minimum of 25 years in prison for juveniles, but is a life sentence for adults. - 02/22/12 Senate: Committee substitute printed 12105610D-S1
- 02/22/12 Senate: Rereferred to Finance
- 02/28/12 Senate: Reported from Finance (11-Y 4-N)
YEAS--Stosch, Colgan, Saslaw, Norment, Hanger, Watkins, Newman, Ruff, Wagner, McDougle, Vogel--11.
NAYS--Howell, Miller, Y.B., Marsh, Lucas--4. - 02/29/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/01/12 Senate: Read third time
- 03/01/12 Senate: Reading of substitute waived
- 03/01/12 Senate: Committee substitute agreed to 12105610D-S1
- 03/01/12 Senate: Engrossed by Senate - committee substitute HB973S1
- 03/01/12 Senate: Passed Senate with substitute (31-Y 9-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Garrett, Hanger, Herring, Howell, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--31.
NAYS--Deeds, Edwards, Favola, Locke, Lucas, Marsden, Marsh, Miller, Y.B., Petersen--9. - 03/02/12 House: Placed on Calendar
- 03/05/12 House: Senate substitute rejected by House 12105610D-S1 (9-Y 88-N)
YEAS--McClellan, Rust, Sickles, Spruill, Surovell, Toscano, Ward, Ware, O., Watts--9.
NAYS--Albo, Alexander, Anderson, BaCote, Bell, Richard P., Bell, Robert B., Brink, Bulova, Byron, Carr, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dance, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Hope, Howell, A.T., Hugo, Iaquinto, Ingram, James, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Kory, Landes, LeMunyon, Lewis, Lingamfelter, Lopez, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McQuinn, Merricks, Miller, Minchew, Morefield, Morris, Morrissey, O'Bannon, O'Quinn, Orrock, Peace, Plum, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Scott, E.T., Scott, J.M., Sherwood, Stolle, Tata, Torian, Tyler, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--88.
NOT VOTING--Dudenhefer, Englin, Pogge--3.
Delegate Webert was recorded as not voting. Intended to vote yea.
Delegate BaCote was recorded as nay. Intended to vote yea.
Delegate Carr was recorded as nay. Intended to vote yea.
Delegate Dance was recorded as nay. Intended to vote yea.
Delegate Rust was recorded as yea. Intended to vote nay. - 03/05/12 House: VOTE: REJECTED (9-Y 88-N)
- 03/06/12 Senate: Senate insisted on substitute (39-Y 1-N)
- 03/06/12 Senate: Senate requested conference committee
- 03/07/12 House: House acceded to request
- 03/07/12 House: Conferees appointed by House
- 03/07/12 House: Delegates: Bell, Robert B., Albo, Spruill
- 03/08/12 Senate: Conferees appointed by Senate
- 03/08/12 Senate: Senators: Stuart, Reeves, Garrett
- 03/10/12 House: Conference report agreed to by House (83-Y 12-N)
YEAS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Brink, Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Dance, Dudenhefer, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Hugo, Iaquinto, Ingram, James, Joannou, Johnson, Jones, Kilgore, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Lopez, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Miller, Minchew, Morefield, O'Bannon, O'Quinn, Orrock, Peace, Plum, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Sherwood, Spruill, Stolle, Tata, Torian, Toscano, Villanueva, Ware, O., Ware, R.L., Watson, Watts, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--83.
NAYS--BaCote, Carr, Hope, Kory, McClellan, McQuinn, Morrissey, Scott, J.M., Sickles, Surovell, Tyler, Ward--12.
NOT VOTING--Crockett-Stark, Englin, Howell, A.T., Keam, Morris--5. - 03/10/12 House: VOTE: ADOPTION (83-Y 12-N)
- 03/10/12 House: Conference substitute printed 12105963D-H2
- 03/10/12 Senate: Passed by temporarily
- 03/10/12 Senate: Conference report agreed to by Senate (31-Y 8-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Garrett, Hanger, Herring, Howell, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--31.
NAYS--Ebbin, Edwards, Favola, Locke, Lucas, Marsden, Marsh, Miller, Y.B.--8.
NOT VOTING--Puckett--1. - 03/15/12 House: Enrolled
- 03/15/12 House: Bill text as passed House and Senate (HB973ER)
- The current statute mandates 25 years in prison for a juvenile.
This bill is leaving the juveniles sentence as 25 years and increasing the 18 year olds sentence to life. We know the Governor will not remove the current juvenile mandate as the bill was supported by the Administration.
Thank you all for your phone calls and e-mail’s asking to remove the juveniles completely, the Senate for a short time did on their bill and there was “a movement” on the House floor to attempt the same at the last minute, that’s why there was a conference. - 03/15/12 House: Signed by Speaker (Del. William Howell)
- 03/17/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- 04/04/12 Governor: Approved by Governor-Chapter 605 (Becomes law effective 07/01/12)
SB412- Sex offender registry; juvenile registration
Sponsor/Patron - Sen. Tommy Norment (R-Williamsburg)
Co-Sponsor(s) -
Brief Explanation/Summary:
Requires registration on the sex offender registry for juveniles who were over the age of 13 at the time of the offense who were adjudicated delinquent on or after July 1, 2005, of rape, forcible sodomy or object sexual penetration.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB412
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb412/
Bill Status:
- 01/12/12 – SB412 Introduced
- 01/12/12 – Referred to Senate Courts of Justice Committee
- Companion Bills SB127 , HB624
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/24/12 Senate: Incorporated into SB127
- Done for 2012
SB420- Sex Offender Registry; notification of laws
Sponsor/Patron - Sen. Dave Marsden (D-Burke)
Co-Sponsor(s) -
Brief Explanation/Summary:
Requires the Attorney General to annually compile laws containing requirements and prohibitions relevant to persons who must register as sex offenders and requires the State Police to publish the list on its website. The State Police must annually distribute the list to persons required to register as sex offenders, unless the person is under the control of the Department of Corrections or Community Supervision, in which case the Department of Corrections must distribute the list.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB420
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb420/
Bill Status:
- 01/12/12 – SB420 Introduced
- 01/12/12 – Referred to Senate Courts of Justice Committee
- 01/12/12 – See Bulletin Board Posting #425
- 01/14/12- The RSOL of Virginia supports this bill
- 01/23/12 – The Senate Committee heard this bill and the RSOL of VA made a statement in support. It was an even split Democrats for it, Republicans against, which results in a bill failure. Even though 2 Republicans agreed the request was reasonable and a good idea they saw no reason to give RSO’s special treatment in advising them of the restrictions they must abide by as members of a governmentally designated group
- 01/23/12 Senate: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
YEAS--Saslaw, Marsh, Howell, Lucas, Edwards, Puller, McEachin--7.
NAYS--Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--7.
See Bulletin Board Posting #442 for our formal statement. - Done for 2012
- See Bulletin Board Posting #458
- 02/06/12 Senate: Reconsidered by Courts of Justice
- 02/06/12 Senate: Committee substitute printed 12104903D-S1
- 02/06/12 Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
- 02/07/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/08/12 Senate: Read second time
- 02/08/12 Senate: Reading of substitute waived
- 02/08/12 Senate: Committee substitute agreed to 12104903D-S1
- 02/08/12 Senate: Engrossed by Senate - committee substitute SB420S1
- 02/09/12 Senate: Read third time and passed Senate (40-Y 0-N)
- 02/13/12 House: Placed on Calendar
- 02/13/12 House: Read first time
- 02/13/12 House: Referred to Committee for Courts of Justice
- 02/16/12 House: Assigned Courts sub: #1 Criminal
- 02/29/12 House: Subcommittee recommends passing by indefinitely by voice vote
- Done for 2012
SB436- Sex crimes; penalties
Sponsor/Patron - Sen. Mark Obenshain (R-Harrisonburg)
Co-Sponsor(s) -Sen. Thomas Garrett (R-Lynchburg), Sen. Steve Newman (R-Forest)
Brief Explanation/Summary:
Imposes a mandatory minimum life sentence for rape, forcible sodomy, and object sexual penetration of a child under the age of 13.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB436
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb436/
Bill Status:
- 01/12/12 – SB436 Introduced
- 01/12/12 – Referred to Senate Courts of Justice Committee
- Companion Bill HB973
- 01/14/11- The RSOL of Virginia will be opposing this bill
- 01/23/12 Senate: Reported from Courts of Justice with substitute (8-Y 7-N)
YEAS--Norment, Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--8.
NAYS--Saslaw, Marsh, Howell, Lucas, Edwards, Puller, McEachin--7. - The Amendment:
“18 years of age or older at the time of the offense shall include a mandatory minimum term of confinement of life. The penalty for an offender who was convicted of a violation of subdivision A 1 who was younger than 18 years of age at the time of the offense and more than three years older than the victim”
“The penalty for an offender who was convicted of a violation of subdivision A 1 who was younger than 18 years of age at the time of the offense and more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89, 18.2-90 or 18.2-91, or (iii) § 18.2-51.2, shall include a mandatory minimum term of confinement of 25 years. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, and the judge shall impose, in addition to any the active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.”
This Amendment adjusts the life sentence to those 18 years and above and for 12-17 year olds it becomes a mandatory 25 years in prison. Two examples: A 12 year old and a 12 year old for rape, sodomy or object penetration the 12 year old assailant will be sentenced to 25 years. A 12 year old and a 16 or 17 year old, the 16 or 17 year old will be sentenced to 25 years in prison. Once the 25 year sentence has been served they will then face civil commitment as an SVP so in the end it’s a life sentence even with this amendment.
Virginia Senate Panel Endorses 2 Bills Targeting Sex Offenders, January 23, 2012:
http://www.washingtonpost.com/local/virginia-senate-panel-endorses-2-bills-targeting-sex-offenders/2012/01/23/gIQAHFnILQ_story.html - 01/23/12 Senate: Committee substitute printed 12104528D-S1
- 01/23/12 Senate: Re-referred to Finance.
- Please email the members of the Senate Finance Committee and ask them to vote no on this bill.
2012- Senate Finance Committee
district12@senate.virginia.gov
district29@senate.virginia.gov
district32@senate.virginia.gov
district35@senate.virginia.gov
district03@senate.virginia.gov
district24@senate.virginia.gov
district10@senate.virginia.gov
district05@senate.virginia.gov
district16@senate.virginia.gov
district18@senate.virginia.gov
district23@senate.virginia.gov
district15@senate.virginia.gov
district07@senate.virginia.gov
district04@senate.virginia.gov
district27@senate.virginia.gov - 02/07/12 Senate: Reported from Finance with substitute (14-Y 1-N)
YEAS--Stosch, Colgan, Howell, Saslaw, Norment, Hanger, Watkins, Miller, Y.B., Lucas, Newman, Ruff, Wagner, McDougle, Vogel--14.
NAYS--Marsh--1. - 02/07/12 Senate: Committee substitute printed 12105073D-S2
The substitute REMOVES the mandatory minimum 25 year prison sentence for juveniles!
It still leaves the mandatory minimum of life in prison for 18 year olds and above. - See Bulletin Board Posting #459
- 02/08/12 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/09/12 Senate: Read second time
- 02/09/12 Senate: Committee substitute rejected 12104528D-S1
- 02/09/12 Senate: Reading of substitute waived
- 02/09/12 Senate: Committee substitute agreed to 12105073D-S2
- 02/09/12 Senate: Engrossed by Senate - committee substitute SB436S2
- 02/10/12 Senate: Read third time and passed Senate (27-Y 13-N)
YEAS--Black, Blevins, Carrico, Garrett, Hanger, Herring, Howell, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--27.
NAYS--Barker, Colgan, Deeds, Ebbin, Edwards, Favola, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Petersen--13.
Senate Passes Bills Requiring Registration of Juvenile Sex Offenders, Life Sentence for Others, February 10, 2012:
http://www.washingtonpost.com/local/senate-passes-bills-requiring-registration-of-juvenile-sex-offenders-life-sentence-for-others/2012/02/10/gIQA1nZM4Q_story.html - SB436 now heads to the House to be debated and voted on
- 02/17/12 House: Read first time
- 02/17/12 House: Referred to Committee for Courts of Justice
- 02/17/12 House: Assigned Courts sub: #1 Criminal
- 02/27/12 House: Subcommittee recommends reporting with amendment(s) (7-Y 2-N)
YEAS--Bell, Robert B., Albo, Cline, Gilbert, Miller, Villanueva, Morris--7.
NAYS--Watts, Herring--2.
The amendment puts the juveniles back into the bill with a 25 year mandatory minimum prison term - 02/27/12 House: Subcommittee recommends referring to Committee on Appropriations
- 02/27/12 House: Reported from Courts of Justice with substitute (14-Y 3-N)
YEAS--Albo, Bell, Robert B., Cline, Iaquinto, Gilbert, Miller, Loupassi, Villanueva, Habeeb, Farrell, Minchew, Morris, Johnson, Herring--14.
NAYS--Watts, Toscano, McClellan--3. - 02/27/12 House: Committee substitute printed 12105658D-H1
- 02/27/12 House: Referred to Committee on Appropriations
- 02/28/12 House: Assigned App. sub: Public Safety
- 02/29/12 House: Subcommittee recommends reporting (7-Y 0-N)
- 02/29/12 House: Reported from Appropriations (22-Y 0-N)
- 03/02/12 House: Read second time
- 03/05/12 House: Read third time
- 03/05/12 House: Committee substitute agreed to 12105658D-H1
- 03/05/12 House: Engrossed by House - committee substitute SB436H1
- 03/05/12 House: Passed House with substitute (70-Y 24-N)
YEAS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Byron, Cline, Cole, Comstock, Cosgrove, Cox, M.K., Crockett-Stark, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Marshall, D.W., Marshall, R.G., Massie, Merricks, Miller, Minchew, Morefield, Morris, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Sherwood, Stolle, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--70.
NAYS--BaCote, Brink, Carr, Dance, Hope, Howell, A.T., James, Kory, Lopez, McClellan, McQuinn, Morrissey, Plum, Scott, J.M., Sickles, Spruill, Surovell, Tata, Torian, Toscano, Tyler, Ward, Ware, O., Watts--24.
NOT VOTING--Bulova, Cox, J.A., Dudenhefer, Englin, Loupassi, May--6.
Delegate Webert was recorded as not voting. Intended to vote yea.
Delegate Alexander was recorded as yea. Intended to vote nay. - 03/06/12 Senate: House substitute rejected by Senate (2-Y 38-N)
- YEAS--Martin, Stosch--2.
NAYS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stuart, Vogel, Wagner, Watkins--38. - 03/07/12 House: House insisted on substitute
- 03/07/12 House: House requested conference committee
- 03/08/12 Senate: Senate acceded to request (40-Y 0-N)
- 03/08/12 Senate: Conferees appointed by Senate
- 03/08/12 Senate: Senators: Obenshain, Garrett, Reeves
- 03/08/12 House: Conferees appointed by House
- 03/08/12 House: Delegates: Bell, Robert B, Albo, Spruill
- 03/10/12 House: Conference report agreed to by House (81-Y 14-N)
YEAS--Albo, Alexander, Anderson, Bell, Richard P., Bell, Robert B., Bulova, Byron, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Dance, Dudenhefer, Edmunds, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Miller, Minchew, Morefield, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Scott, J.M., Sherwood, Sickles, Spruill, Stolle, Tata, Torian, Villanueva, Ware, O., Ware, R.L., Watson, Watts, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--81.
NAYS--BaCote, Brink, Carr, Hope, James, Kory, Lopez, McClellan, McQuinn, Morrissey, Plum, Surovell, Toscano, Ward--14.
NOT VOTING--Crockett-Stark, Englin, Howell, A.T., Morris, Tyler--5. - 03/10/12 House: VOTE: ADOPTION (81-Y 14-N)
- 03/10/12 Senate: Conference substitute printed 12106046D-S3
A mandatory minimum of 25 years in prison for a juvenile is back in SB436 in addition to the mandatory minimum life sentence for anyone 18 years or older. - 03/10/12 Senate: Conference report agreed to by Senate (33-Y 7-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Edwards, Garrett, Hanger, Herring, Howell, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--33.
NAYS--Ebbin, Favola, Locke, Lucas, Marsden, Marsh, Miller, Y.B.--7. - 03/15/12 Senate: Enrolled
- 03/15/12 Senate: Bill text as passed Senate and House (SB436ER)
- The current statute mandates 25 years in prison for a juvenile.
This bill is leaving the juveniles sentence as 25 years and increasing the 18 year olds sentence to life. We know the Governor will not remove the current juvenile mandate as the bill was supported by the Administration.
Thank you all for your phone calls and e-mail’s asking to remove the juveniles completely, the Senate for a short time did on their bill and there was “a movement” on the House floor to attempt the same at the last minute, that’s why there was a conference. - 03/15/12 House: Signed by Speaker (Del. William Howell)
- 03/17/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- 04/04/12 Governor: Approved by Governor-Chapter 605 (Becomes law effective 07/01/12)
SB461- Commitment of sexually violent predators; probable cause hearing; use of video and audio
Sponsor/Patron - Sen. Tom Garrett (R-Lynchburg)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that the hearing to determine whether probable cause exists to believe that a person is a sexually violent predator who should be civilly committed may be conducted by using a two-way electronic video and audio communication system.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB461
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb461/
Bill Status:
- 01/12/12 – SB461 Introduced
- 01/12/12 – Referred to Senate Courts of Justice Committee
- Companion Bill HB944
- 01/16/11- The RSOL of Virginia will be opposing this bill
- 01/11/12 Senate: Referred to Committee on Education and Health
- 01/19/12 Senate: Rereferred from Education and Health (15-Y 0-N)
- 01/19/12 Senate: Rereferred to Courts of Justice
- 01/30/12 Senate: Reported from Courts of Justice (9-Y 6-N)
YEAS--Norment, Saslaw, Obenshain, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett--9.
NAYS--Marsh, Howell, Lucas, Edwards, Puller, McEachin--6. - SB461 now heads to the Senate floor to be voted on 3 times and if it passes it then begins the same process in the House.
Please e-mail and call your Senator today and ask them to vote “no” on SB461. - See Bulletin Board Posting #448 for our public statement
- 01/31/12 Senate: Constitutional reading dispensed (38-Y 2-N)
- 02/01/12 Senate: Read second time and engrossed
- 02/02/12 Senate: Read third time and passed Senate (25-Y 15-N)
YEAS--Black, Blevins, Carrico, Colgan, Deeds, Garrett, Hanger, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--25.
NAYS--Barker, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Petersen, Puller, Saslaw--15. - SB461 now heads to the House to be debated and voted on
- 02/13/12 House: Placed on Calendar
- 02/13/12 House: Read first time
- 02/13/12 House: Referred to Committee for Courts of Justice
- 02/13/12 House: Placed on Calendar
- 02/13/12 House: Read first time
- 02/13/12 House: Referred to Committee for Courts of Justice
- 02/15/12 House: Reported from Courts of Justice (14-Y 4-N)
YEAS--Kilgore, Bell, Robert B., Cline, Iaquinto, Gilbert, Miller, Loupassi, Villanueva, Habeeb, Farrell, Minchew, Morris, Johnson, Herring--14.
NAYS--Albo, Watts, Toscano, McClellan--4. - 02/17/12 House: Read second time
- 02/20/12 House: Read third time
- 02/20/12 House: VOTE: PASSAGE (69-Y 28-N)
YEAS--Alexander, Anderson, Bell, Richard P., Bell, Robert B., Byron, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dudenhefer, Edmunds, Fariss, Farrell, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Howell, A.T., Hugo, Iaquinto, Ingram, Johnson, Jones, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Miller, Minchew, Morefield, O'Bannon, O'Quinn, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Sherwood, Stolle, Tata, Villanueva, Ware, R.L., Watson, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--69. NAYS--Albo, BaCote, Brink, Bulova, Carr, Dance, Englin, Filler-Corn, Hope, James, Joannou, Keam, Kory, Lopez, McClellan, McQuinn, Morrissey, Plum, Scott, J.M., Sickles, Spruill, Surovell, Torian, Toscano, Tyler, Ward, Ware, O., Watts--28.
NOT VOTING--Cline, Kilgore, Morris--3. Delegate Kilgore was recorded as not voting. Intended to vote yea. - 02/22/12 Senate: Enrolled
- 02/22/12 Senate: Bill text as passed Senate and House (SB461ER)
- 02/22/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- 02/22/12 House: Signed by Speaker (Del. William Howell)
- SB461 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 03/06/12 Governor: Approved by Governor-Chapter 121 (Becomes law effective 07/01/12)
SJ64- Study; Virginia Criminal Sentencing Commission to study offender classification; report
Sponsor/Patron - Sen. Louise Lucas (D-Portsmouth)
Co-Sponsor(s) -
Brief Explanation/Summary:
Requests the Virginia Criminal Sentencing Commission to study rating nonviolent felony offenses to aid certain classes of offenders in obtaining gainful employment.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SJ64
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sj64/
Bill Status:
- 01/13/12 – SJ64 Introduced
- 01/12/12 – Referred to Senate Rules Committee
- 01/14/12- The RSOL of Virginia supports this bill
- 02/03/12 Senate: Reported from Rules with substitute by voice vote
- 02/03/12 Senate: Committee substitute printed 12105074D-S1
- 02/03/12 Senate: Rereferred to Finance
- 02/09/12 Senate: Reported from Finance (15-Y 0-N)
- 02/13/12 Senate: Reading waived (40-Y 0-N)
- 02/14/12 Senate: Read second time
- 02/14/12 Senate: Reading of substitute waived
- 02/14/12 Senate: Committee substitute agreed to 12105074D-S1
- 02/14/12 Senate: Engrossed by Senate - committee substitute SJ64S1
- 02/14/12 Senate: Reading waived (39-Y 0-N)
- 02/14/12 Senate: Agreed to by Senate by voice vote
- 02/17/12 House: Placed on Calendar
- 02/17/12 House: Read first time
- 02/17/12 House: Referred to Committee on Rules
- 02/21/12 House: Tabled in Rules by voice vote
- Done for 2012
HB1178- Offenders required to register prohibited from operating charter buses
Sponsor/Patron - Del. Michael Webert (R-Marshall)
Co-Sponsor(s) -
Brief Explanation/Summary:
Provides that no person required to register on the Sex Offender and Crimes Against Minors Registry shall be permitted to operate a charter bus (commercial vehicle designed to carry 32 or more passengers).
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb1178
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb1178/
Bill Status:
- 01/18/12 – HB1178 Introduced
- 01/18/12 – Committee Referral Pending
- 01/19/12- Patron changed, it must have been entered incorrectly
- 01/19/12- The RSOL of Virginia will be opposing this bill
- 01/18/12 House: Referred to Committee on Transportation
- 01/24/12 – The RSOL of Virginia met with Delegate Webert and the first thing he said about this bill was the DMV and the Virginia Motorcoach Association is not happy with how broad this bill is today. There will be amendments to limit drivers from only driving large charter groups of minors. The RSOL of VA pointed out to the Delegate that could easily be monitored and managed by the charter companies as their own policy. The RSOL of VA has reached out to Motorcoach Company again as we did in 2011 with the three CDL bills that were later amended to only include school buses.
- We will continue to monitor HB1178 and if it is not amended to ONLY limit driving groups of minors (like a class trip to DC or a band trip to a competition) then we will oppose this bill.
- See Bulletin Board Posting #452
- 02/01/12 House: Subcommittee recommends reporting with amendment(s) (6-Y 1-N)
YEAS--Cox, J.A., Comstock, Garrett, Anderson, Minchew, Ward--6.
NAYS--Carr--1.
“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 may be issued a Virginia commercial driver's license to drive a Type P vehicle, as defined in subsection B of § 46.2-341.16, provided the commercial driver's license includes a restriction prohibiting the license holder from operating a commercial vehicle to transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or approved by the Virginia Department of Social Services”. - 02/07/12 House: Reported from Transportation with substitute (21-Y 0-N)
- 02/07/12 House: Committee substitute printed 12104650D-H1
- 02/09/12 House: Read first time02/10/12 House: Read second time
- 02/10/12 House: Committee substitute agreed to 12104650D-H1
- 02/10/12 House: Engrossed by House - committee substitute HB1178H1
- 02/13/12 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/13/12 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- HB1178 now heads to the Senate to be debated and voted on
- 02/14/12 Senate: Constitutional reading dispensed
- 02/14/12 Senate: Referred to Committee on Transportation
- 02/15/12 Senate: Reported from Transportation (15-Y 0-N)
- 02/17/12 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/20/12 Senate: Read third time02/20/12 Senate: Passed Senate (40-Y 0-N)
- 02/23/12 House: Enrolled
- 02/23/12 House: Bill text as passed House and Senate (HB1178ER)
- 02/23/12 House: Signed by Speaker (Del. William Howell)
- 02/23/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- HB1178 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 03/07/12 Governor: Approved by Governor-Chapter 153 (Becomes law effective 07/01/12)
SB 626- Urinating in public; penalty.
Sponsor/Patron - Sen. Chap Petersen (D-Fairfax)
Co-Sponsor(s) -
Brief Explanation/Summary:
Creates the crime of urinating in public, punishable as a Class 4 misdemeanor
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb626
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/sb626/
Bill Status:
- 01/20/12 – SB626 Introduced
- 01/20/12 – Referred to Senate Courts of Justice
- 01/23/12 – The RSOL of Virginia stopped by Senator Petersen’s office and asked his Legislative Assistant if this bill would require anyone convicted of public urination to register as a sex offender as states like Alabama do. A request had to be submitted to the Senator on this inquiry.
- 01/24/12 – The RSOL of Virginia received written confirmation that this bill will NOT require registration for anyone convicted of public urination.
- 01/24/12- The RSOL of Virginia will NOT be opposing this bill.
- 01/30/12 Senate: Passed by indefinitely in Courts of Justice (14-Y 1-N)
- Done for 2012
HB 1271- Sexually violent predators; mandatory minimum life sentence for certain sex crimes
Sponsor/Patron - Del. Chris Jones (R-Suffolk)
Co-Sponsor(s) -
Brief Explanation/Summary:
Imposes a mandatory minimum life sentence for the sexually violent offenses of rape, forcible sodomy, and object sexual penetration of a child under the age of 13. The bill also eliminates the use of the Static-99 assessment instrument for evaluating whether a prisoner convicted of a sexually violent offense or an unrestorably incompetent defendant charged with a sexually violent offense should be civilly committed. Instead, the Director of the Department of Corrections, in coordination with the Attorney General and the Department of Behavioral Health and Developmental Services, shall develop an assessment protocol to determine whether the prisoner or defendant meets the definition of a sexually violent predator. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General.
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb1271
Read Full Text, Track Status, Cast Your Vote or Read/Leave Public Comment:
http://www.richmondsunlight.com/bill/2012/hb1271/
Bill Status:
- 01/20/12 House: Presented and ordered printed 12104109D
- 01/20/12 House: Referred to Committee for Courts of Justice
- 01/24/12 House: Assigned Courts sub: #1 Criminal
- 02/08/12 House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
- See Bulletin Board Posting #460 for Action Item
➢ What this bill has done, is made the true intentions of Delegate Bell (HB973) and Senator Obenshain (SB436) two bills crystal clear. HB1271 is a civil commitment bill, to modify the SVP assessment procedures and time frame to complete them. Whereas a mandatory minimum sentence of life in a prison is NOT civil commitment.
➢ Civil commitment is treatment with a possible end date; life in prison has no end date and is a punishment. Delegate Jones is a member of JLARC. JLARC and the Administration want desperately to reduce the current costs of civil commitment for SVP’s. Prison is significantly less expensive than commitment so by implementing a life guarantees the state will save money, big money.
➢ The three bills mandating life in prison for these 3 crimes at this session are not because judges have been failing to sentence correctly, or because those released are committing new crimes it’s because the Administration wants to save money and to keep “beds” available in the Commonwealth so a second VCBR won’t be needed.
➢ HB1271 is declaring the convicted person an SVP without being assessed and then denying them treatment that the Commonwealth has claimed SVP’s deserve.
➢ Civil Commitment walks a fine line for being Constitutional. Mandatory minimums are a completely separate issue and have no place in this or any other SVP civil commitment bill, no matter what the financial costs are.
➢ Punishment is NOT treatment and once Virginia combines the two with legislation then that line has been blurred and the entire SVP system will be questioned and could fall to pieces.
➢ If HB1271 continues through the House the mandatory minimum portion needs to be removed.
➢ If HB973 and SB436 continue to move through this session everyone that votes for these bills needs to understand that these bills are intended to replace civil commitment in Virginia all to save a dollar and as such should fail immediately. - 02/10/12 House: Reported from Courts of Justice with substitute (16-Y 0-N)
- 02/10/12 House: Committee substitute printed 12105221D-H1
This Amendment adjusts the life sentence to those 18 years and above and for 12-17 year olds it becomes a mandatory 25 years in prison. Two examples: A 12 year old and a 12 year old for rape, sodomy or object penetration the 12 year old assailant will be sentenced to 25 years. A 12 year old and a 16 or 17 year old, the 16 or 17 year old will be sentenced to 25 years in prison. Once the 25 year sentence has been served they will then face civil commitment as an SVP so in the end it’s a life sentence even with this amendment. - 02/12/12 House: Read first time
- 02/13/12 House: Read second time
- 02/13/12 House: Committee substitute agreed to 12105221D-H1
- 02/13/12 House: Engrossed by House - committee substitute HB1271H1
- 02/14/12 House: Read third time and passed House (100-Y 0-N)
- HB1271 now heads to the Senate to be debated and voted on
- The portion of this bill to cease using the Static-99 Assessment tool per the 2011 JLARC study has been completely removed from this bill.
- 02/15/12 Senate: Constitutional reading dispensed
- 02/15/12 Senate: Referred to Committee for Courts of Justice
- 02/27/12 Senate: Reported from Courts of Justice with substitute (14-Y 1-N)
YEAS--Norment, Saslaw, Marsh, Howell, Lucas, Puller, Obenshain, McDougle, McEachin, Stuart, Vogel, Stanley, Reeves, Garrett--14.
NAYS--Edwards--1. - 02/27/12 Senate: Committee substitute printed 12105686D-S1
- 02/28/12 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/29/12 Senate: Read third time
- 02/29/12 Senate: Reading of substitute waived
- 02/29/12 Senate: Committee substitute agreed to 12105686D-S1
- 02/29/12 Senate: Engrossed by Senate - committee substitute HB1271S1
- 02/29/12 Senate: Passed Senate with substitute (36-Y 4-N)
YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Favola, Garrett, Hanger, Herring, Howell, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--36.
NAYS--Edwards, Locke, Miller, Y.B., Petersen--4. - 03/01/12 House: Placed on Calendar
- 03/02/12 House: Senate substitute agreed to by House 12105686D-S1 (95-Y 0-N)
- 03/02/12 House: VOTE: ADOPTION (95-Y 0-N)
- Looks like the verbiage for mandatory minimum life in prison has been removed from HB1271 as it should have been. There was no reason for a prison sentence to be included in a civil commitment bill.
- 03/08/12 House: Enrolled
- 03/08/12 House: Bill text as passed House and Senate (HB1271ER)
- 03/08/12 House: Signed by Speaker (Del. William Howell)
- 03/09/12 Senate: Signed by President (Lt. Gov. Bill Bolling)
- HB1271 now goes to Governor McDonnell to be signed into law, vetoed or amended
- 04/09/12 House: Governor's recommendation received by House
1. Line 9, enrolled, after charge; strike the remainder of line 9 and through Committee on line 10 insert sexually violent offense charge
2. Line 54, enrolled, after to be strike the remainder of line 54 and through § on line 55 insert screened pursuant to the procedures set forth in §§ 37.2-903 and - 04/17/12 House: Placed on Calendar
- 04/18/12 House: House concurred in Governor's recommendation (91-Y 0-N)
- 04/18/12 House: VOTE: ADOPTION (91-Y 0-N)
- 04/18/12 Senate: Senate concurred in Governor's recommendation (36-Y 0-N)
- 04/18/12 Governor: Governor's recommendation adopted
- 04/18/12 House: Reenrolled
- 04/18/12 House: Signed by Speaker as reenrolled
- 04/18/12 Senate: Signed by President as reenrolled
- 04/18/12 House: Reenrolled bill text (HB1271ER2)
The Governor's Proposed 2012-2014 Budget (HB30 and SB20) and Proposed Amendments to the 2010-2012 Budget (HB29 and SB29)
http://www.governor.virginia.gov/utility/docs/2012-2014BiennialBudget_all.pdf
HB 29- Budget Bill
Sponsor/Patron - Del. Lacey Putney (I-Bedford)
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb29
HB 30- Budget Bill
Sponsor/Patron - Del. Lacey Putney (I-Bedford)
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=hb30
SB 29- Budget Bill
Sponsor/Patron - Sen. Chuck Colgan (D-Manassas)
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb29
SB 30- Budget Bill
Sponsor/Patron - Sen. Chuck Colgan (D-Manassas)
Read Full Text or Track Status:
http://lis.virginia.gov/cgi-bin/legp604.exe?ses=121&typ=bil&val=sb30
E-mail, Write or Call your Virginia Delegate
Phone List: http://dela.state.va.us/dela/MemBios.nsf/MWebsiteTL?OpenView
E-mail List: http://dela.state.va.us/dela/MemBios.nsf/MWebsiteEL?OpenView
Mailing Address List: http://dela.state.va.us/dela/MemBios.nsf/MWebsiteDA?OpenView
E-mail, Write or Call your Virginia Senator
Phone List: http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate+for+WMembershipHome?OpenForm
E-mail List: http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate%2Bfor%2BWEmailList?OpenForm
Mailing Address List: http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate%2Bfor%2BWDistrictAddresses?OpenForm
The House of Delegates and the Senate of Virginia will offer live streaming video of the 2012 Legislative Session, broadcasting from each chamber every day of the session. The broadcasts will begin when each body convenes, which is usually 12 noon on weekdays.
NOTE: an "audio only" stream is being offered for those users with a low speed connection to the internet.
Links to the session streams with helpful information about the day's session can be found below.
Video Streams
House Video: http://legis.state.va.us/hod_session_streaming.html
Senate Video: http://legis.state.va.us/sov_session_stream.html
Audio Streams
House Video: http://legis.state.va.us/1_cit_guide/hod_session_audio_stream.html
Senate Video: http://legis.state.va.us/sov_session_audio_stream.html
Articles
Va. House Seeks More Funds for Sex Crimes Unit, February 27, 2012:
http://wydaily.com/local-news/8473-va-house-seeks-more-funds-for-sex-crimes-unit.html
Senate Passes Bills Requiring Registration of Juvenile Sex Offenders, Life Sentence for Others, February 10, 2012:
http://www.washingtonpost.com/local/senate-passes-bills-requiring-registration-of-juvenile-sex-offenders-life-sentence-for-others/2012/02/10/gIQA1nZM4Q_story.html
(SB127 and SB436)
McDonnell Wanted Conservative Assembly, Now its Right Turn Forces Hard Choices of VP Prospect, February 5, 2012:
http://www.washingtonpost.com/local/mcdonnell-wanted-conservative-assembly-now-its-right-turn-forces-hard-choices-of-vp-prospect/2012/02/05/gIQA7FEirQ_story.html?tid=pm_local_pop
Give Child Offenders Chance at Rehabilitation, February 2, 2012:
http://www2.timesdispatch.com/news/oped/2012/feb/02/tdopin02-give-child-offenders-chance-at-rehabilita-ar-1657068/
(HB624, SB412, HB973 and SB436)
Penn State Case Spurs a Raft of New Abuse Bills in Virginia, February 2, 2012:
Virginia legislators are considering a dozen proposals to strengthen the state's reporting requirements.
http://www.roanoke.com/politics/wb/304292
Let the Judges Do Their Jobs, February 1, 2012:
Bills that would try more youths as adults could increase juvenile crime rates
http://m.roanoke.com/mapp/story.aspx?arcid=304214
(HB624, SB412, HB973 and SB436)
Juvenile Penalties Would Go Too Far, January 30, 2012:
http://hamptonroads.com.nyud.net/2012/01/juvenile-penalties-would-go-too-far
(HB624, SB412, HB973 and SB436)
Bill To Try More Virginia Juveniles As Adults Rejected, January 30, 2012:
http://www.myfoxdc.com/dpp/news/virginia/bill-to-try-more-virginia-juveniles-as-adults-rejected-013012
Editorial: Ensuring Teen Offenders Can’t be Rehabilitated, January 29, 2012:
http://www.washingtonpost.com/opinions/ensuring-teen-offenders-cant-be-rehabilitated/2012/01/27/gIQAXpOxaQ_story.html
Virginia Senate Panel Endorses 2 Bills Targeting Sex Offenders, January 23, 2012:
http://www.washingtonpost.com/local/virginia-senate-panel-endorses-2-bills-targeting-sex-offenders/2012/01/23/gIQAHFnILQ_story.html
http://hamptonroads.com/2012/01/legislation-targeting-sex-offenders-advances-va-senate
http://www.nbcwashington.com/blogs/first-read-dmv/Bill-Seeking-Life-Sentence-for-Child-Rape-Advances-in-Virginia-137928033.html
(SB127, SB386, SB436 and SB420)
Virginia Republicans Push Slew of Conservative Bills, January 22, 2012:
http://www.washingtonpost.com/local/dc-politics/virginia-republicans-push-slew-of-conservative-bills/2012/01/20/gIQARNsXJQ_story.html
Governor Seeks Harsher Penalties for Repeat Drug Offenders, January 20, 2012:
http://www2.timesdispatch.com/news/virginia-politics/2012/jan/20/tdmain05-governor-seeks-harsher-penalties-for-repe-ar-1625266/
(HB624, SB412, HB973 and SB436)
McDonnell Rolls Out Public Safety Proposals (Virginia), January 19, 2012:
http://blogs.fredericksburg.com/newsdesk/2012/01/19/mcdonnell-rolls-out-public-safety-proposals/
(HB624, SB412, HB973 and SB436)
House Subcommittee Backs Bill Dealing with Placing Juveniles on Sex-offender Registry, January 18, 2012:
http://www.therepublic.com/view/story/f1a4e5cf4b194b9689a616ef4e14e248/VA--XGR-Juvenile-Sex-Offenders/
(HB753)
Funding Va. Government is a Somber Task; Some Bills will Stir Passions, Others will Entertain, January 8, 2012:
http://www.washingtonpost.com/local/funding-government-is-a-somber-task-but-some-bills-will-stir-passions-others-will-entertain/2012/01/08/gIQAXYMDjP_story.html
Juvenile Case Highlights Flaw in Sex Offender Registry, January 2, 2012:
http://www2.timesdispatch.com/news/2012/jan/02/tdmet01-juvenile-case-highlights-flaw-in-sex-offen-ar-1581164/
(HB223)
Va. Court of Appeals Exonerates Haynesworth, December 6, 2011:
http://www2.timesdispatch.com/news/2011/dec/06/4/va-court-appeals-grants-innocence-writ-hayesworth-ar-1523641/
(SB41)
Righting a Wrongful Conviction in Virginia, December 5, 2011:
http://www.washingtonpost.com/opinions/righting-a-wrongful-conviction-in-virginia/2011/12/01/gIQAn7HuXO_story.html
(HB223)
Sex-Offender Center Studied, November 15, 2011:
http://www2.timesdispatch.com/news/2011/nov/15/tdmet01-sex-offender-center-studied-ar-1459729/
(SB91 and SB314)
Va. Commission Says Sex Offenders’ Risks are Overestimated, November 14, 2011:
http://hamptonroads.com/2011/11/va-commission-says-sex-offenders-risks-are-overestimated
(SB91 and SB314)
Virginia’s Method of Evaluating Sex Offenders Flawed, Costly, November 14, 2011:
http://www.washingtontimes.com/news/2011/nov/14/virginias-method-of-evaluating-sex-offenders-flawe/
(SB91 and SB314)
Flawed Screenings Pack Sex Offender Facility, JLARC Says, November 14, 2011:
http://www2.timesdispatch.com/news/2011/nov/14/flawed-screenings-pack-sex-offender-facility-jlarc-ar-1459053/
(SB91 and SB314)
Important News
Menu
-
Home
-
Age Of Consent
-
In Virginia
-
Virginia Legislative Branch
-
Contact Virginia
- Your District's Delegate/Senator
- Contact The Governor
- Contact The Lt. Governor
- Contact the Attorney General
- Contact the ACLU
- Virginia Crime Commission
- Virginia Criminal Sentencing Commission
- Virginia Secretary of Public Safety
- Virginia Joint Legislative Audit & Review Commission
- Virginia Dept of Behavioral Health Services
- Virginia Department of Criminal Justice Services
-
In Washington, D.C.
-
Contact Washington, D.C.
-
Reports, Studies & Books
-
In The News
-
Bulletin Board
-
Resources
-
Media, Forums & Blogs