Update February 4, 2012:
Virginia Supporters,
On February 3, 2012 the Full House Courts of Justice Committee heard HB973 to decide if it should continue onto the House Appropriations Committee. Since the Sub-Committee vote was 6-2 (contested) they did allow for public comment at yesterday’s meeting.
My statement is below.
Here is the vote from the meeting on HB973.
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)
The bill now goes to the House Appropriations Committee; I have previously shared the e-mail addresses of those committee members with you.
I ask you to please, please compose something factual, polite and personal if you like and ask the members of the Appropriations Committee to vote against HB973.
Thank you for your support.
Mary Devoy
Statement:
I’m not here to object to the 18 year olds who will be captured by this bill, I’m here for the juveniles.
The other evening the Criminal Sub-Committee continued to use the phrase “the Big 3” for rape, sodomy and object penetration…. Virginia DOES NOT charge statutory rape for teens who engage in consenting intercourse, oral sex or penetration. They are charged as any adult who uses force, threat and intimidation.
With this bill…ANY 12 year old and 15 year-1 month old ……that are caught in a sexual act together ……will be caught by this mandatory minimum.
Do we want children and teens to engage in such activity? No we don’t, but kids are curious; they live in a very sexual world today. They are inundated by television, movies, advertisements and music of teens having sex, talking about sex and dressing sexy …….. In turn they are a reflection of this environment.
I know what I was like at 14 and 16 years old and that was in 1985 and 1987, when Madonna was singing about being a virgin and Frankie Goes to Hollywood….. well most of us know what he was singing about.
I think back to that time and I wonder if there was a sex offender registry ……how many teens that I knew would have been placed on it? With HB973…I Now wonder… how many of them would be sent to a Virginia prison for a mandatory 25 years because of this bill. Quite a few…. But did they pose a threat to society? Were they going to grow up to be molesters, rapists or a sexual danger? I seriously doubt it, but at least a therapist’s evaluation of them and the judge assigned to their case would have made that decision together before giving up on them at the age of 16.
On Wednesday night when this bill came before the Sub-committee a well know Child Advocate and Commonwealth Attorney were here and the advocate planned to oppose this bill because she was worried a mandate would force child victims to testify in court OR would result in a large increase of plea deals to a lesser charge being made. She got her amendments ……in a backroom discussion that the public never got to hear because organizations like hers get preferential treatment here.
A true child advocate wouldn’t want juveniles who are experimenting to rot in a Virginia prison for 25 years and when that time is up to most likely be civilly committed as a Sexually Violent Predator until the day they die…….but that’s just what this bill will do.
With mandated minimum sentences there is no discretionary allowance for the specifics of a crime. It makes no difference if the offender is a lifetime criminal or a first-time offender under this sledgehammer approach.
Please ……amend this bill and remove the 25 year sentence for juveniles.
The courts already have the ability to sentence up to and exceed what this bill is asking for, allow them to continue to make that decision.
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Date: 01/26/2012
Virginia Supporters,
SB436-Obenshain http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+SB436 was one of the bills heard on Monday. The Companion bill in the House HB973-Bell has not been heard yet.
Please see the history below and e-mail the members of the Senate Finance Committee, asking them to stop this bill.
Just an FYI for those of you who aren’t aware, BOTH Senator Mark Obenshain and Delegate Rob Bell will be running for the Republican nominee for Virginia Attorney General in 2013.
SB436- Sex crimes; penalties
Sponsor/Patron – Sen. Mark Obenshain (R-Harrisonburg)
Co-Sponsor(s) -
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.
- 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
