Virginia Senate Courts of Justice Committee’s docket for January 22, 2014 has 3 bills that I will be opposing (unless amendments are made to 2 of them before public comment is taken) plus the bill I support that’s on its 5th year in an attempt to get the VSP to disseminate the legal restrictions and regulations to all RSO’s in Virginia, once per year after new laws go into affect on July 1st and upon all initial registrations.
SB442 – Sen. Garrett
Raises 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
· There is no age gap allowance for a perpetrator who is close in age to the victim. This means
would be charging a minor who is a year younger, the
same age or a year or two older than the victim with a felony instead of a
misdemeanor who did NOT use force, threat or intimidation. Virginia
· It does NOT have a start date of July 1, 2014, so it would be applied retroactively to all past convictions
· Anyone convicted in 2010, 2000, 1997 or maybe even earlier would be retroactively reclassified from a Non-Violent Sex Offender to a Violent Sex Offender. These newly categorized Violent Sex Offenders would now become “lifers” on the Virginia Registry, requiring Virginia State Police to monitor and manage them until they die.
· Such mass retroactive extensions and reclassifications have been attempted before and failed many Circuit Courts and State Supreme Courts
· This would deny those affected due process and violate ex post facto
· Not knowing if 200 or 2,000 people would be retroactively mandated to lifetime VSP monitoring means the fiscal impact statement is very inaccurate
· Amend, add an age gap allowance and a start date of July 1, 2014
SB454 – Sen. Obenshain
Amends the Sex Offender and Crimes Against Minors Registry Act to add solicitation of prostitution from a minor.
· It does NOT have a start date of July 1, 2014, so it would be applied retroactively to all past convictions. Denying them due process and violating ex post facto.
· Not knowing if 200 or 2,000 people would be retroactively added to the VSP Registry for lifetime monitoring means the fiscal impact statement is very inaccurate
· Amend, add a start date of July 1, 2014
SB384 – Sen. Reeves
Provides that any adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2014, shall as part of his sentence be forever prohibited from knowingly and intentionally having any contact whatsoever with children that are not in his custody on the premises of any place that he knows or has reason to know is a public library. A violation is a Class 6 felony.