Thursday, January 1, 2015

Action Item for Virginia Bill HB1366 Patroned by Delegate Jeff Campbell : RSO Parents Who Are Petitioning the Court to Drop-Off & Pick-up Their Own Children From Daycare /School Must Post Their Petition in the Local Newspaper for 2 Weeks So That Readers Can Show Up to Court and Testify Against the Petition

Campbell to co-sponsor bill to keep training center open, January 9, 2015
Delegate plans to introduce several bills in General Assembly session
Additionally, Campbell filed a bill in response to a recent situation in St. Paul, Virginia, in which a man who was a registered sex offender made application to the local school system to come on school property. The delegate said the man had children in the school system and the decision was made by that school system’s superintendent and school principal to allow the man on school property.
“A lot of residents in that area were very upset they had a registered sex offender on school property without their notice,” Campbell said. “House Bill 1366 that we filed would provide in the future that any person who is a registered sex offender, to be on school property they must first publish their intent in the local newspaper and have a public hearing to let people make objections before the local school system makes that decision. We think that is fair. It allows parents to have input before any decision is made and it better protects the children in the community.”

Original Post:
HB1366 titled Sex offenses prohibiting entry onto school or other property; hearing is patroned by Delegate Jeffrey L. Campbell 

Summary of HB1366:
Provides that a sex offender who is prohibited from entering upon school or child day center property who petitions the circuit court for permission to enter such property must cause notice of the time and place of the hearing on his petition to be published once a week for two successive weeks in a newspaper of general circulation. The bill provides that the court may permit any person who attends the hearing to testify regarding the petition. The bill also requires that for a public school the petitioner must provide notice of his petition to the chairman of the school board in addition to the superintendent of public instruction. 

Any Virginia RSO that is a parent or guardian with minor children must petition the school board to be granted approval to drop-off and pick-up their own children from school or daycare. An approved petition also allows the RSO parent, grandparent or guardian to be allowed to attend their child’s recitals, competitions, athletic games and ceremonies. Without a granted court-petition the RSO would be in violation of state law by being on the property of the school or daycare facility, a Class 6 Felony. 

If an RSO moves to a different school-district, city or county within the Commonwealth they must submit a petition in the new locale, they could be granted or denied past approval is not a guarantee for future approval. 

Each time the parent must hire an attorney and they could miss work depending on the scheduled court date and depending on the school-district and the judge it could all be for naught. 

Per HB1366 Virginia Delegate Campbell wants our RSO parents, grandparents and guardians of school age children to pay for a newspaper/internet advertisement for 2 weeks announcing their personal court hearing for everyone to know about. 

Per HB1366 Virginia Delegate Campbell is inviting the public into this private hearing and permitting them to be an official “witness” in the proceedings of a complete stranger so they can object to the RSO parent’s request. To be allowed to legally object against someone they know nothing about but because they are a publicly Registered Sex Offender they are already openly hated…… of course strangers are going to show up in droves to object and then the judge has been pressured by complete strangers to deny the parents request.

A witness is someone who has, who claims to have, or is thought, by someone with authority to compel testimony, to have knowledge relevant to an event or other matter of interest. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what he or she knows or claims to know about the matter before some official authorized to take such testimony.

A percipient witness or eyewitness is one who testifies what they perceived through his or her senses (e.g. seeing, hearing, smelling, touching). That perception might be either with the unaided human sense or with the aid of an instrument, e.g., microscope or stethoscope, or by other scientific means, e.g.,a chemical reagent which changes color in the presence of a particular substance.

A hearsay witness is one who testifies what someone else said or wrote. In most court proceedings there are many limitations on when hearsay evidence is admissible. Such limitations do not apply to grand jury investigations, many administrative proceedings, and may not apply to declarations used in support of an arrest or search warrant. Also some types of statements are not deemed to be hearsay and are not subject to such limitations.

An expert witness is one who allegedly has specialized knowledge relevant to the matter of interest, which knowledge purportedly helps to either make sense of other evidence, including other testimony, documentary evidence or physical evidence (e.g., a fingerprint). An expert witness may or may not also be a percipient witness, as in a doctor or may or may not have treated the victim of an accident or crime.

A reputation witness is one who testifies about the reputation of a person or business entity, when reputation is material to the dispute at issue.

HB1366 does one thing; it creates a public spectacle of each and every petitioner’s rights as allowed by law.  

HB1366 would legalize Angry Mobs with one goal to stop a parent from getting their children to and from school and daycare. 

HB1366 allows the members of the “Angry Mob” to harangue the petitioner’s character and duties as a parent/guardian. 

Every person who see the mandated “newspaper post”, who hates “Sex offenders” and had no where to be that day would show up. The more people who showed up to demand the judge stop the petition/request, the more likely the judge will cave to pressure no matter what the facts of the parent’s rehabilitation and parenting needs are. The RSO could be a single parent with no other means to get their children to school or daycare. 

The end result; either intended or otherwise, by the sponsor is to allow for harassment and intimidation tactics to rule our courts decision making ability, while denying the child reliable transportation and support of an involved parent. 

HB1366 serves no positive goal and it certainly hinders any RSO parent from attempting to participate in their children’s lives and dumps all daycare and school trips onto their spouse (if they have one). 

Family involvement and stable support is critical to a successful re-entry for Virginia’s former offenders and this bill creates significant and unnecessary barriers for these ex-offenders for no legitimate reason, other than prejudice. 

Please Email or call your one Virginia Delegate and your one Virginia Senator to voteNoon HB1366! 

Mary Devoy