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Saturday, March 1, 2014

Virginia 2014 General Assembly Session: One Week Left. What Bills are Dead and What Bills are Still Alive?



It’s March 1st and the 2014 Virginia General Assembly that began on January 8th in Richmond should adjourn one week from today on Saturday March 8, 2014. We’re in the home stretch. 

As of today how are the bills I’ve posted about since December doing? 

In this post I am going to give a brief update on most of the bills I’ve been following. 

I- Bills I supported: 

SB553 - Sex Offender Registry; notification of laws
Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         January 21, 2014
·         January 18, 2014
·         January 9, 2014 

HB1260 - Electronic transmission of sexually explicit images between minors; penalty 
A.K.A. - Sexting 
Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         February 6, 2014
·         January 18, 2014
 

II- Bills I opposed 100% there was NO fixing them: 

HB403 Allowing Prior Sexual Convictions as Admissible Evidence in a new case     
                    Status as of March 1, 2014:
·        Has passed through the House and the Senate but an amendment has sent it back to the House and is awaiting their approval. If they approve it, then it will head to the Governor of Virginia to be signed into law, vetoed or amended. 

Past Posts about this bill:
·         February 24, 2014
·         February 16, 2014
·         January 4, 2014
·         September 3, 2013 

HB195 – Supplement to the Sex Offender and Crimes Against Minors Registry (Robby's Rule)
Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         February 4, 2014
·         January 13, 2014
·         January 4, 2014
·         December 27, 2013
 

III- Bills I opposed 100% but offered amendments to the Legislators in an attempt to lessen the damage: 

HB523 - Mandating Registration of Juveniles as a Public Sex Offender for a Minimum of 10 Years
Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         February 17, 2014
·         February 14, 2014
·         February 11, 2014
·         February 9, 2014
·         February 4, 2014
·         February 1, 2014
·         January 20, 2014
·         January 10, 2014 

SB384 -Sex offenses; prohibiting proximity to children at public libraries, penalty 
Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         February 4, 2014
·         February 3, 2014
·         January 28, 2014
·         January 27, 2014
·         January 21, 2014
·         January 20, 2014
·         January 13, 2014 

HB48 and SB510 - Firearms; possession following a misdemeanor conviction of certain crimes
Status as of March 1, 2014:
·         Both bills are Dead for 2014 

Past Posts about these bills:
·         December 31 2013
 

IV- Bills I opposed but could be fixed with amendments: 

SB442 Raised the penalty for sexual abuse (a defined term) of a child aged 13 or 14 from a Class 1 misdemeanor to a Class 6 felony 

Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         February 4, 2014
·         February 2, 2014
·         January 21, 2014
·         January 20, 2014
·         January 12, 2014 

SB14 - Reviving Virginia’s Crimes Against Nature Law 
A.K.A. – Consensual Sodomy = Oral and Anal Sex  
I did not personally propose an amendment for this bill. I was supporting the ACLU of Virginia’s proposed amendment. The amendment that was accepted by the Senate Courts of Justice Committee appears to have fixed all the concerns everyone had with SB14. 
Status as of March 1, 2014:
·        Has passed through the Senate. It has passed through the House Courts of Justice Committee but is sitting in the House Appropriations Committee. IF it passes out of there then it must pass the full House by March 8th. Then it would head to the Governor of Virginia to be signed into law, vetoed or amended. 

Past Posts about this bill:
·         January 10, 2014
 

V - Bills that I did not oppose but I also did not approve of them: 

HB504 and SB 433- Delaying Virginia Criminal Sentencing Commission Recommendation to lower the sentencing guidelines for Child Pornography Possession 
 
Status as of March 1, 2014:
·         Both bills are headed to the Governor of Virginia to be signed into law, vetoed or amended

Past Posts about these bills:
·         December 8, 2013 

HB451 - Elections; elected and certain appointed officers, removal from office
Status as of March 1, 2014:
·         Bill is headed to the Governor of Virginia to be signed into law, vetoed or amended 

HB408 - Elections; elected and certain appointed officers, removal from office
Status as of March 1, 2014:
·         HB408 was “rolled” into HB451


SB6 - DNA; adds certain crimes to list for which a sample must be taken upon arrest

In June 2013 the U.S. Supreme Court ruled that taking DNA is the equivalent of taking fingerprints and a photograph so opposing this bill is futile. 


Today in Virginia DNA can already be taken upon arrest for charges of:
- Murder
- Breaking and Entering a House at Night to commit larceny, is guilty of burglary
- Breaking and Entering a House to commit larceny, assault and battery or other felony
- Breaking and Entering any building or vehicle to commit murder, rape, robbery or arson
- Breaking and entering dwelling house with intent to commit other misdemeanor
 

When this bill was proposed in December on Richmond Sunlight I said I bet it will be expanded to even more crimes than currently proposed during the first Committee hearing or additional bills get filed this year or next year so that DNA gets taken in almost every crime charged/investigated in Virginia.  Well, they added flashers and peepers to the bill. 

Back in 2011 Virginia approved the seizure of familial DNA even though most states refuse the practice due to privacy and fairness concerns. 

Investigated but unfounded, related to someone suspected by authorities, charged with a crime or convicted of a crime your DNA will be logged by the Virginia Department of Forensic Science and maybe even sent to the Federal database and there isn't anything you can do about it you have no right to your own DNA in Virginia. 

California v. Maryland DNA Collection Laws December 8, 2013, http://www.therepublic.com/view/story/c9813900f5f14f6192919b33ef191003/CA--Cold-Hits-Lawsuit
 

Status as of March 1, 2014:
·        Has passed through the Senate. It has passed through the House Courts of Justice Committee but is sitting in the House Appropriations Committee. IF it passes out of there then it must pass the full House by March 8th. Then it would head to the Governor of Virginia to be signed into law, vetoed or amended.


VI - Bills that I did not oppose but I did have concerns and shared those concerns with the Legislators: 

HB49 and HB326 – Unlawful dissemination or sale of images of another; person is guilty of Class 1 misdemeanor  
A.K.A. - Revenge Porn
Status as of March 1, 2014:
·         HB49 was “rolled” into HB326
·         HB326  is headed to the Governor of Virginia to be signed into law, vetoed or amended 

Past Posts about these bills:
·         February 24, 2014
·         February 23, 2014
·         January 3, 2014  

HB233 - Sex offenders; requires circuit court to find good cause before accepting name change applications
Status as of March 1, 2014:
·         Bill is headed to the Governor of Virginia to be signed into law, vetoed or amended 

Past Posts about this bill:
·         February 20, 2014 

HB235 and SB454 - Sex Offender & Crimes Against Minors Registry Act; amends to add solicitation of prostitution who is a Minor 
These were not identical; HB235 also provides that a person who engages in pandering involving a minor is guilty of a Class 4 felony. 
Status as of March 1, 2014:
·        HB235 -Has passed through the House and the Senate but an amendment has sent it back to the House and is awaiting their approval. If they approve it, then it will head to the Governor of Virginia to be signed into law, vetoed or amended.
·        SB454 - Has passed through the Senate. It has passed through the House Courts of Justice Committee but is sitting in the House Appropriations Committee. IF it passes out of there then it must pass the full House by March 8th. Then it would head to the Governor of Virginia to be signed into law, vetoed or amended. 

Past Posts about these bills:
·         January 23, 2014
·         January 21, 2014
·         January 20, 2014
·         December 30 2013 

HB136 - Healthcare Exchange Navigators  
Status as of March 1, 2014:
·         Bill is Dead for 2014 

Past Posts about this bill:
·         December 21, 2013
 

VII - Bills I did not oppose at ALL but some readers thought they should be opposed: 

HB1251 - Sex offenders; reregistration; name change 
Simply added “3 days” to the statute as all changes in registration information (except email addresses) are due.
Status as of March 1, 2014:
·         Bill is headed to the Governor of Virginia to be signed into law, vetoed or amended 

SB255 - Sexual crimes against minors; extend statute of limitations (for misdemeanors) 
Status as of March 1, 2014:
·         Bill is Dead for 2014 

HB334 - Local multidisciplinary child sexual abuse response teams 

Status as of March 1, 2014:
·         Bill is headed to the Governor of Virginia to be signed into law, vetoed or amended

SB476 - Incest; definitions of parent, etc.; penalty
Status as of March 1, 2014:
·        Has passed through the Senate. It has passed through the House Courts of Justice Committee but is sitting in the House Appropriations Committee. IF it passes out of there then it must pass the full House by March 8th. Then it would head to the Governor of Virginia to be signed into law, vetoed or amended. 

SB537 - Offenses requiring registration; withdrawal of plea by certain defendants 
Status as of March 1, 2014:
·        Has passed through the Senate. It has passed through the House Courts of Justice Committee and now goes to the full House for a vote. IF it passes out of there then it must pass the full House by March 8th. Then it would head to the Governor of Virginia to be signed into law, vetoed or amended.

SB262 - Internet Crimes Against Children Fund; fee, Governor's Child Safety Test
Status as of March 1, 2014:
·        Has passed through the Senate. It has passed through the House Education Committee but is sitting in the House Appropriations Committee. IF it passes out of there then it must pass the full House by March 8th. Then it would head to the Governor of Virginia to be signed into law, vetoed or amended. 

HB344 - Harassment by Computer 
Status as of March 1, 2014:
·         Bill is Dead for 2014 


If there is a bill in this list that you oppose or have concerns with your voice can still be heard. 

If it still needs to be voted on by the House please Email or call  your one Virginia Delegate. 

If it still needs to be voted on by the Senate please Email or call  your one Virginia Senator. 

If it is on its way to Governor McAuliffe to be signed send an email to the Governors staff telling them of your concerns or asking him to veto the bill. 

Thank you! 

Mary Devoy