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Tuesday, January 7, 2014

2014 Virginia Proposed Legislation: On Topic But No Plans to Oppose

 
The 2014 Virginia General Assembly begins in Richmond tomorrow, January 8, 2014. 

If proposed legislation (a bill) has no unintended consequences, family collateral damage, doesn’t limit housing, employment, movement or education, doesn’t violate basic human or civil rights or is specifically directed at those who do in fact pose a threat (and not the majority of RSO’s) then I will not be opposing the bill. This includes those who work with children. If the laws that created RSO’s are reformed, reduced and reclassified then the umbrella of who is an RSO wouldn’t be as broad as it is today and the prohibition of RSO’s from working as child care providers would be reasonable. The current issue is too many people who are non-threats have been captured under the RSO umbrella and in turn are prohibited from working with children. 

I understand some readers think I should oppose every single bill that has any remote connection to RSO’s, well that just is not going to happen! I am not for abolishment of the registry; I am for reform of the registry based on sound research and successful programs. Anyone can speak publically against a bill and if you feel strongly enough about a particular bill you can take a stand and let your voice be heard in Richmond too. 

This post is the current list of bills that I do not oppose; I will NOT be making a “page” of these bills on the right side of the screen. 

Bill Cut-Off is January 17th so bills will be posting until January 18th  or 19th 

I will continue to add to this post (dated January 7, 2014) with new bills (to the top) that I see no issues with but some of you may have heartburn about them and may want to contact your one State Delegate and one State Senator. 

Every bill I’m watching can be viewed under my public profile on Richmond Sunlight. 

Mary


Last Updated On:  January 26, 2014 at 11:00am(EST) 

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HB196:            Clerks offices; recordation, possession of child pornography, wills, etc 

Sponsor/ Patron:                         Benjamin L. Cline 

Brief Explanation / Bill Summary as Introduced:
Provides that the secretary of an organized fire-fighting company may designate duties to another individual to include filing documentation with the circuit court. The bill also removes the requirement in the Uniform Federal Lien Registration Act that a filing officer endorse on the notice of a federal lien the title and address of the official or entity certifying the lien.

The bill also provides that clerks may possess evidence of child pornography in the course of their duties provided such possession is for a bona fide medical, scientific, governmental, law-enforcement, or judicial purpose. The bill also provides that clerks shall receive evidence at the time of admission and shall maintain control until the evidence is transferred on appeal, or destroyed or returned in accordance with law.

The bill also provides that the recorded orders of each day's circuit court proceedings shall be deemed to satisfy the requirements for official records when the judge's signature is shown in the order, the judge's signature is shown in the order book, or an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

The bill also provides that upon motion of a legatee, devisee, or distributee of an estate, or any person who has a pecuniary interest in an estate, the clerk may require that the decedent's personal representative furnish security and raises from $5,000 to $15,000 the threshold value of the assets of an estate below which a personal representative is not required to provide notices to certain heirs and beneficiaries. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB451:            Elections; elected and certain appointed officers, removal from office  

Sponsor/ Patron:         Robert B. Bell        

Brief Explanation / Bill Summary as Introduced:
Adds sexual battery, attempted sexual battery, consensual intercourse with a child 15 years of age or older, indecent exposure, and peeping to the list of offenses for which a circuit court, upon petition, may remove from office an elected officer or officer appointed to fill an elective office. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
 
Bill adding grounds to unseat elected officials clears first hurdle, January 20, 2014
 

 
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SB639 :            Department of Social Services; plan for national background checks for child care providers 

Sponsor/ Patron:                         Emmett W. Hanger, Jr.    

Brief Explanation / Bill Summary as Introduced:

Directs the Department of Social Services to convene a work group to develop a plan for implementation of national fingerprint-based background checks for child care providers. 
 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB1252 :        Child welfare agencies; criminal history background checks 
Sponsor/ Patron:                                         Christopher K. Peace 
 
Brief Explanation / Bill Summary as Introduced:
Any Licensed Assisted Living Facilities or Adult Day Care Centers background check any employee or volunteer 
Read Full Text or Track Bill Status on Virginia General Assembly Website:
Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
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HB1251 :         Sex offenders; reregistration; name change 
Sponsor/ Patron:                                         David I. Ramadan 
Brief Explanation / Bill Summary as Introduced:
Provides that a person required to register with the Sex Offender and Crimes Against Minors Registry must reregister in person with the local law-enforcement agency within three days following a change of the person's name and that a person who is incarcerated or civilly committed must notify the Registry within three days following a name change. Currently, there is no time specified for when such person has to reregister. The bill also requires that the information contained in the Registry must include any former name of a person required to register if he has lawfully changed his name during the period for which he is required to register.  
Read Full Text or Track Bill Status on Virginia General Assembly Website:
Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
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HB1240:         Guardian ad litem; mandatory reporting of child abuse or neglect 
Sponsor/ Patron:                         Patrick A. Hope    
 
Brief Explanation / Bill Summary as Introduced:
Any guardian ad litem appointed by a court to represent a child, except when prohibited by the attorney-client privilege.
Read Full Text or Track Bill Status on Virginia General Assembly Website:
Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB1206:         Central registry of records; time records must be kept 
Sponsor/ Patron:                                         C. Todd Gilbert 
Brief Explanation / Bill Summary as Introduced:
Extends from one year to three years the required period for which the Department of Social Services must maintain records of reports and investigations of unfounded complaints of child sexual abuse before purging. 
Read Full Text or Track Bill Status on Virginia General Assembly Website:
Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB1205:         Student teachers; fingerprinting, criminal history records check, and child abuse and neglect data 
Sponsor/ Patron:                                         Joseph R. Yost 
Brief Explanation / Bill Summary as Introduced:
Permits education preparation program faculty to require student teachers at public institutions of higher education, as a condition of participation in a classroom teaching, internship, clinical, or field experience in a public elementary or secondary school, to submit to fingerprinting and a criminal history records check. The bill permits education preparation program faculty to require student teachers to provide the necessary personal information to conduct a search of the registry of founded complaints of child abuse and neglect in the Commonwealth and to obtain such information from other states if the individual has lived in another state in the past five years. The bill further requires the Board of Education to develop guidelines for each education preparation program director to use to decide whether to deny student teachers placement in a public elementary or secondary school on the basis of the findings of the criminal history records check and registry search. 
Read Full Text or Track Bill Status on Virginia General Assembly Website:
Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
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HB1204:         Investigation of alleged child abuse and neglect; agreements with school divisions 
Sponsor/ Patron:                                         Joseph R. Yost 
 
Brief Explanation / Bill Summary as Introduced:
Requires local departments of social services and local school divisions to include, in written interagency agreements for the investigation of certain complaints of child abuse or neglect, provisions governing investigation of complaints of sexual abuse of a child in which coordination between the local department of social services and local school division is necessary to facilitate the investigation. In addition, the bill requires local school divisions to report annually to the Board of Education, and local departments of social services to report annually to the Board of Social Services, regarding the status of such interagency agreements for the investigation of complaints of child abuse and neglect against school personnel and reports of sexual abuse of children that require coordination between local departments and local school divisions to facilitate investigation of such complaints and reports.  
Read Full Text or Track Bill Status on Virginia General Assembly Website:
Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
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HB408 :       Elections; elected and certain appointed officers; removal from office 
Sponsor/ Patron:                                         Richard L. Anderson 

Brief Explanation / Bill Summary as Introduced:
Adds sexual battery, attempted sexual battery, consensual intercourse with a child 15 years of age or older, indecent exposure, and peeping to the list of offenses for which a circuit court, upon petition, may remove from office an elected officer or officer appointed to fill an elective office. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

Bill adding grounds to unseat elected officials clears first hurdle, January 20, 2014

 
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HB767 :           Seizure and forfeiture of property used in connection with the commission of larcenies
 
Sponsor/ Patron:                                         David L. Bulova 
 
Brief Explanation / Bill Summary as Introduced:
Provides that property used in connection with certain crimes associated with human trafficking is subject to forfeiture to the Commonwealth. The bill also removes certain duplicative offenses from an asset forfeiture statute pertaining only to automobiles. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB334 :           Local multidisciplinary child sexual abuse response teams 

Sponsor/ Patron:                                         Robert B. Bell 

Brief Explanation / Bill Summary as Introduced:
Requires every attorney for the Commonwealth to establish a multidisciplinary child sexual abuse response team to conduct regular reviews of cases involving child sexual abuse in the jurisdiction. The bill has a delayed effective date. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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SB255 :            Sexual crimes against minors; extend statute of limitations (for misdemeanors) 

Sponsor/ Patron:                                         R. Creigh Deeds 

Brief Explanation / Bill Summary as Introduced:
Extends the statute of limitations to one year after the victim reaches 18 years of age for the misdemeanor violations of the following crimes: carnal knowledge of consenting victim age 13 or 14 with minor less than three years older, carnal knowledge by employee of bail bond company, sexual battery, infected sexual battery failure to disclose, sexual abuse of a child age 13 or 14, attempted sexual battery, fornication, aiding prostitution or illicit sexual intercourse, adultery or fornication with person forbidden to marry, indecent liberties by children, tongue penetration of mouth of child under age 13, and consensual sexual intercourse with a child 15 or older. Under existing law, there is a one-year statute of limitations on most misdemeanors.  


Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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SB537 :             Offenses requiring registration; withdrawal of plea by certain defendants 

Sponsor/ Patron:                                         Thomas K. Norment, Jr. 

Brief Explanation / Bill Summary as Introduced:
Provides that prior to conviction for an offense requiring registration on the Sex Offender and Crimes Against Minors Registry due to the minority, physical helplessness, or mental incapacity of the victim, upon a determination by the court of the victim's age, physical helplessness, or mental incapacity, the court shall inform the defendant of his right to make a motion to withdraw a plea of guilty or nolo contendere. The bill also provides that if the court grants the defendant's motion to withdraw his plea, the case shall be heard by another judge unless the parties agree otherwise. The bill further provides that failure to make a determination as to the minority, physical helplessness, or mental incapacity of the victim or so advise the defendant of his right to make a motion to withdraw his plea does not otherwise invalidate the conviction. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
 
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SB476:  Incest; definitions of parent, etc.; penalty 

Sponsor/ Patron:                         Thomas K. Norment, Jr. 

Brief Explanation / Bill Summary as Introduced:
Provides that for the purposes of the crime of incest, parent includes step-parent, grandparent includes step-grandparent, child includes a minor step-child, and grandchild includes a minor step-grandchild. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB709:  Child abuse and neglect investigations; time for determination 

Sponsor/ Patron:                         C. Todd Gilbert     

Brief Explanation / Bill Summary as Introduced:
Eliminates the option for extending investigations and determinations in cases of alleged child abuse or neglect from 45 days to 60 days upon written justification of the local department, but provides an exception for cases in which the local department of social services investigates the complaint in cooperation with the local law-enforcement agency, in which case the time for investigation and determination may be extended by an additional 45 days, for a period not to exceed 90 days.  

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB707:  Digital impersonation; penalty 

Sponsor/ Patron:                         C. Todd Gilbert 

Brief Explanation / Bill Summary as Introduced:
Provides that a person who knowingly and without authorization credibly impersonates a living individual through or on an Internet website or by any other electronic means with the intent to harass, intimidate, or defraud another person is guilty of a Class 1 misdemeanor. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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SB332:  Suspected abuse or neglect of a child; reports to law enforcement 

Sponsor/ Patron:                         Janet D. Howell          

Brief Explanation / Bill Summary as Introduced:
Requires the local department of social services to complete a written report on a form provided by the Board of Social Services for such purpose for each case in which a local law-enforcement agency is notified of a case of suspected child abuse or neglect. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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SB331:  Investigation of cases involving alleged sexual abuse of a child; qualifications of investigator 

Sponsor/ Patron:                         Janet D. Howell     
 
Brief Explanation / Bill Summary as Introduced:
Prohibits any individual who has not previously participated in investigations of alleged abuse or neglect of a child from participating in investigations of cases of alleged sexual abuse of a child unless he has completed a training program for investigation of cases involving alleged sexual abuse of a child or is directly supervised by a person who has completed such training. The bill also prohibits individuals who have not completed training for investigation of cases involving alleged sexual abuse of a child from making dispositional findings in such cases. 

 
Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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 HB683:  Investigation of alleged child abuse and neglect; agreements with school divisions

Sponsor/ Patron:                         Charniele L. Herring            

Brief Explanation / Bill Summary as Introduced:
Requires local departments of social services and local school divisions to include, in written interagency agreements for the investigation of certain complaints of child abuse or neglect, provisions governing investigation of complaints of sexual abuse of a child in which coordination between the local department of social services and local school division is necessary to facilitate the investigation. In addition, the bill requires local school divisions to report annually to the Board of Education, and local departments of social services to report annually to the Board of Social Services, regarding the status of such interagency agreements for the investigation of complaints of child abuse and neglect against school personnel and reports of sexual abuse of children that require coordination between local departments and local school divisions to facilitate investigation of such complaints and reports. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB552 :  Child welfare agencies; criminal history background checks 

Sponsor/ Patron:                                         Eileen Filler-Corn 

Brief Explanation / Bill Summary as Introduced:
Establishes a requirement for national criminal history background checks for child-care providers, adds crimes requiring registration with the Sex Offender and Crimes Against Minors Registry to the definition of "offense," and creates a portable background check registry for individuals required to undergo background checks. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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SB262 :  Internet Crimes Against Children Fund; fee, Governor's Child Safety Test

Sponsor/ Patron:                                          R. Creigh Deeds 

Brief Explanation / Bill Summary as Introduced:
Increases from $10 to $15 the additional fee placed upon each felony or misdemeanor conviction assessed as court costs and deposited into the state treasury and credited to the Internet Crimes Against Children Fund. The bill changes the amounts of the funds disbursed for specific programs. The bill permits each local school board to include as part of the program of physical fitness made available to all students the Governor's Child Safety Test, a program of instruction that will consist of at least eight hours of instruction per year on how to recognize, avoid, resist, and escape physical, sexual, and online threats and will result in a certificate signed by the Governor upon successful completion of the program. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

Bill to help kids fight predators advances, February 17, 2014
The bill would add instruction in how to avoid, prevent and escape threats to PE classes.

Resolution seeks to change response to abductions, January 22, 2014

Legislative initiative targets response to missing persons, January 21, 2014
The bills would give police more cross-jurisdictional powers and improve coordination.


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SB254 :  Law-enforcement officers; exceptions to territorial limits 

Sponsor/ Patron:                                         Ryan T. McDougle   

Brief Explanation / Bill Summary as Introduced:
Provides that whenever the necessity arises for the enforcement of laws related to child pornography, grooming videos, or use of a communications system to facilitate certain sexual offenses against children, police officers and other officers, agents, and employees of a locality; Capitol Police officers; and campus police may be sent beyond their territorial limits.

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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 HB344 :  Harassment by Computer 

Sponsor/ Patron:                                         Scott W. Taylor-Elect 

Brief Explanation / Bill Summary as Introduced:
Harassment by computer; impersonating another; penalty. Makes it a Class 6 felony for a person having assumed the identity of another living individual to use a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, make an obscene proposal, or threaten an illegal or immoral act. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB233 :  Sex offenders; requires circuit court to find good cause before accepting name change applications 

Sponsor/ Patron:                                         Robert B. Bell 

Brief Explanation / Bill Summary as Introduced:
Grants circuit courts the discretion to accept name change applications from persons on the Sex Offender and Crimes Against Minors Registry if the court finds that good cause exists for such application 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:
Dodging Google? Convicted rapist Jeffrey Kitze’s name change draws attention of victims rights advocates December 18, 2013

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HB450 :  Background checks; employment prior to receipt of results 

Sponsor/ Patron:                                         Robert B. Bell 

Brief Explanation / Bill Summary as Introduced:
Provides that no person shall be employed in a position that involves direct contact with a patient of, or person or child receiving services from, a nursing home, home health organization, hospice, assisted living facility, adult day care, child welfare agency, or family day home approved by a family day system until the results of a criminal history background check have been received, unless the person works under the direct supervision of a person for whom a background check has been performed. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB412 :  Child welfare agencies; criminal history background checks 

Sponsor/ Patron:                                         Richard L. Anderson 

Brief Explanation / Bill Summary as Introduced:
Establishes a requirement for national criminal history background checks for child welfare agencies, adds crimes requiring registration with the Sex Offender and Crimes Against Minors Registry to the definition of "offense," creates the National Criminal History Background Check Fund to pay costs associated with establishing and administering national criminal history background checks for child welfare agencies, establishes a voluntary registry for child care providers not required to be licensed by the Department of Social Services, and creates a portable background check registry for individuals required to undergo background checks. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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HB171 :            Crime victim rights; offenses by juveniles 

Sponsor/ Patron:                                          Peter F. Farrell (by request) 

Brief Explanation / Bill Summary as Introduced:
Expands the list of offenses for which a victim of a delinquent act committed by a juvenile may request that the victim be informed of the charge brought, the findings of the court, and the disposition of the case to include violations of assault and battery, stalking, violation of a protective order, sexual battery, or attempted sexual battery that would be misdemeanors if committed by an adult. The bill also provides that the definition of "victim" for purposes of the Crime Victim and Witness Rights Act includes victims of certain delinquent acts.  

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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SB4 :   Sexual and Domestic Violence Subfund; funding of sexual and domestic violence prevention 

Sponsor/ Patron:                                         Janet D. Howell
Co-Sponsor(s)/ Co-Patron(s):              Marcus B. Simon-Elect  

Brief Explanation / Bill Summary as Introduced:
Funding of sexual and domestic violence prevention, intervention, and prosecution. Creates a new subfund in the Criminal Injuries Compensation Fund to be known as the Sexual and Domestic Violence Subfund. The Subfund consists of all funds, from whatever source, in the Commonwealth related to sexual and domestic violence prevention, intervention, and prosecution. The bill also directs the Workers' Compensation Commission to appoint a coordinator to administer and oversee the use of the funds. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website:

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 HB1 :  Sexual and Domestic Violence Subfund; funding of sexual and domestic violence prevention 

Sponsor/ Patron:                                         Barbara J. Comstock
Co-Sponsor(s)/ Co-Patron(s):              Christopher K. Peace (chief co-patron) , David I. Ramadan (chief co-patron) , Gregory D. Habeeb  

Brief Explanation / Bill Summary as Introduced:
Funding of sexual and domestic violence prevention, intervention, and prosecution. Creates a new subfund in the Criminal Injuries Compensation Fund to be known as the Sexual and Domestic Violence Subfund. The Subfund consists of all funds, from whatever source, in the Commonwealth related to sexual and domestic violence prevention, intervention, and prosecution. The bill also directs the Workers' Compensation Commission to appoint a coordinator to administer and oversee the use of the funds. 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website: