Posting #189 – HB1366 Legislation from Delegate Ben Cline - Amherst

Update:

• On Monday February 8, the RSOL of Virginia spoke against HB1366 in the House Sub-Committee meeting.
• The votes were:

            Nay- Griffith, Watts
            Yea- Cline, Gilbert, Miller, Albo, Bell
            Abstained from casting a vote- Herring
            Left the meeting earlier so no vote was cast- Armstrong

• By the next morning when the votes were recorded on the Legislative Information System the votes had changed to:

Nay- Watts
Yea- Cline, Gilbert, Miller, Albo, Bell, Herring, Griffith
The RSOL of Virginia immediately contacted Delegates Herring and Griffith asking why they changed their votes. Delegate Herring assistant claims she voted Yea originally.
We advised Herrings assistant that we were present at the meeting and she did in fact abstain and we know that because the Supreme Court members sitting behind us commented aloud that she abstained.

• It seems the rules for voting state that a Legislator can change their vote for up to 30 minutes AFTER the meeting adjourns. So all the witnesses, speakers and the press are gone and a lawmaker can renege on their original vote as long as it does NOT change the outcome.

The RSOL of Virginia called and re-emailed Delegate Griffiths office looking for the reason he changed his original vote.

• On Wednesday February 10, the RSOL of Virginia spoke against HB1366 in the House Full-Committee Meeting.

Delegate Griffith also took responsibility for changing his original vote to   everyone in the room.
It was then decided that since Delegate Cline was across the hall in a Finance hearing that HB1366 would be discussed AGAIN on Friday February 12 with the Full-Committee when he could defend HB1366.

• On Friday February 12 when the Full Committee met our concerns of HB1366 prohibiting 16,000 RSO’s from their Freedom of Worship resulted in the bill “being put aside for the day”.
• Since Tuesday February 16 was Cross-Over Day, which means a bill has to be read three separate times on the House Floor before it’s voted on to then start the process in the Senate

HB1366 is dead.
HB1366 was killed for 2010 without the Full-Committee having to officially state that.
All of your e-mail’s, phone calls and letters in opposition of HB1366 stopped it from making it to the House floor for a vote.
Great job everybody!

Tougher Sex-Offender Bills Die in Committee, February 18, 2010:http://www.henricocitizen.com/default.asp?sourceid=&smenu=141&twindow=Default&mad=No&sdetail=1894
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By:  RSOL of Virginia
Date:  01/26/2010

Virginia Supporters,

This Bill changes the current statute by Adding the words, “upon any property he knows or has reason to know is a child day care center property or” AND by Striking the words “or child daycare facility or property”.

This phrasing would prevent ANY Registered Sex Offender from attending church or temple even in the evenings or on the weekends.

This Bill will prevent ANY Registered Sex Offender from attending AA meetings or any Court Appointed Parenting Classes or Counseling Sessions that are at a facility with a daycare even though it’s not open.

This Bill will prevent ALL Registered Sex Offenders in Virginia from their Freedom to Worship.

A similar Bill was proposed in 2008 by Delegate Crockett-Stark, but an amendment was made that added the words “during school hours and during school-related and school-sponsored activities” allowing Offenders to attend church, temple and classes.
This years HB1366 will undo ALL of that.

This Bill will take away 16,600 Virginians Freedom of Religion!

In December 2009 a North Carolina Court found this restriction unconstitutional.

To view it on the General Assembly site: http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb1366

To view it on the Richmond Sunlight site: http://www.richmondsunlight.com/bill/2010/hb1366/

Please, please, please ask your one Delegate and your one Senator NOT to SUPPORT this bill.

Write to the Virginia ACLU.

Advise your church or this pending Bill and ask them to write to their Delegate and Senator asking them NOT to support this bill.

RSOL of Virginia

1st Response to Posting #189
From: James Endicott
Date:  01/24/2010

Dear Delegate Cline,

Responding to proposed HB 1366 with reason and without anger is difficult.  HB 1366 is diametrical to widely-available research.  For citizens of the Commonwealth to have to defend  against such biased, baseless legislation is unreasonable, particularly when introduced by an Assistant Commonwealth’s Attorney who is a member of St. Patrick’s Catholic Church.  Even cursory research reveals: 

1.  Children are not more likely to be victimized by strangers at the covered locations than at other places.

2.  Eighty to ninety percent of sex crimes against children are committed by a relative or acquaintance who has some prior relationship with the child and access to the child that is not impeded by covered locations restrictions.  Each year there are 60,000 to 70,000 arrests on charges of child sexual assault, according to the U.S. Justice Department, of which only about 115 are abductions by strangers.

3.  The categories of crimes included in Virginia’s restriction are far too broad, imposing the restriction on many offenders who present no known or likely risk to children in the covered locations.  For example, an out-of-state non-violent sex offender only has to cross the border into Virginia to become violent.

4.  The covered locations restriction is imposed on the victims as well as offenders, since a significant number of offenders have married or have been reunited with their victims.

5.  HB1366 seeks to enhance policy that is already ineffective in reducing sex offenses and sex offender recidivism.  Minnesota Department of Corrections researchers found these restrictions had no effect in reducing recidivism.  In 93% of the cases, no direct contact with a child victim occurred within 1 mile of the offender's home.  Not a single one of those cases involved contact with the victim near a school, park, or day care.

6.  Citizens of the Commonwealth should not be led to believe that this legislation will somehow enhance public safety generally or protect their families specifically.  Neither is true. Dr. Richard Wright's book, Sex Offender Laws: Failed Policies, New Directions, pointedly              states that American policy responses to prevent or address sexual offending, particularly those enacted within the last twenty years have largely failed and failed by choice.  They have not reduced sex offenders recidivism rates, not provided safety, healing, or support for victims, not reflected the scientific research on sexual victimization, offending, and risk, or not provided successful strategies for prevention.  Policymakers choose to focus on the most heinous sex offenders while ignoring the most common sexual threats that people face.

7.  Code of Virginia § 18.2-370.5 is a “failed by choice” piece of legislation that does not enhance public safety.  HB 1366 is simply failure squared.

In the interest of public safety, I recommend a review of Virginia’s sex offense statutes against the myriad research already conducted nationwide.  That review should be followed with legislation that seeks to prevent sex offenses rather than continuing to discriminate against those who have committed one category of offense.  Just as a point of beginning, review Dr. Wright’s book, Part III – Policy Alternatives.

For the 2010 session, consider the advice of Paul in Hebrews 10:25.  Let us not give up meeting together, as some are in the habit of doing, but let us encourage one another--and all the more as you see the Day approaching.  Should the Commonwealth discourage anyone from attending a house of worship?  No.

Sincerely,

James Endicott

http://www.iowa-icaa.com/ICAA%20STATEMENTS/Sex%20Offender%20Residency%20Statement/Dec11 2006

http://www.amazon.com/Sex-Offender-Laws-Policies-Directions/dp/0826111092

http://www.doc.ks.gov/publications/sex-offender-housing-restrictions

http://www.csom.org/pubs/mythsfacts.html

 

2nd Response to Posting #189
From: Mary Ann
Date:  02/10/2010

Dear Representatives of Virginia and Defenders of the United States Constitution!

I would find it fairly safe to assume that each and every one of you have attended or is currently attending the church, temple, or synagogue of your choice.  I would go as far as to assume that           during periods of sadness, dismay or weakness you or a member of your family has turned to             your “church family” for comfort and strength.  What I cannot understand is why you would deny a group of people the right to worship or to seek help and comfort in God’s house.  I don’t            know what your religious affiliation is but as a Christian let me tell you about my God.  My               God forgives those of us that sin.  My God does not deny his house to ANYONE!   My God        welcomes the adulators, the thieves, the liars and yes even those on the Registered Sex Offender (RSO) List.  

Many churches sponsor Alcoholic Anonymous Meetings, bible studies, and many other life        changing and life improvement meetings after hours.  This law will now deny these activities to            all RSOs.

I ask each and every one of you just how do you propose to help and support RSOs that are          looking to rebuild their lives and their families?  So far your attitude has been to make it so hard       on any RSO that the chance to ever redeem themselves and live as a normal citizen is              impossible.  I have spoken to the Pastor of my church and he would never deny the right to          worship God in our church to anyone!  I challenge each and everyone of you to call your pastor today or before you vote and ask them how they feel about denying a group of people the right to worship or to even be near a church 24 hours a day!  

As Virginians we are a state rich with history, as a matter of fact Thomas Jefferson was instrumental in adding the Right to freedom of Religion to our constitution.  If Thomas Jefferson were alive today he would be appalled by HB1366. 

Do your homework, North Carolina tried to take away religious freedom from RSOs and the      North Carolina Supreme Court ruled RSOs have a right to worship in their church.

Why are you denying RSOs from attending church on Easter, Christmas and every Sunday.         Why are you denying RSOs from being able to receive the sacraments of penance and        communion?  Shouldn’t every bill you consider have a purpose?  What is the purpose of this              bill?  Is this to protect children?  How is worshiping with a congregation or attending Sunday       school endangering our children?  I have five grandchildren and I am the mother of a RSO.  My entire family has turned to God for comfort and strength.  My son is a born again Christian and was embraced by our pastor.  Yes our pastor was well aware of my son’s mistake.  Why would  you want to punish offenders for trying to rehabilitate themselves and for looking for support   and redemption from God?

Before you vote on this bill ask yourself “Would my God turn away a group of people from his house?” I know my God would not.  Who am I to go against God’s will? 

Sincerely,
Mary Ann