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Wednesday, January 7, 2015

Brand New Action Item for Proposed Law Robby’s Rule: Virginia Senator Wexton and Delegate Ramadan Seek to Create a Supplement to the State Police’s Sex Offender Registry

 
Update:

Senator Wexton’s version of Robby’s Rule has posted in LIS SB934. 

Are there significant differences between the Senate version and the House version? Not really. 

Is “supplemental registry” defined (what information will be posted publicly)? No.

Does the Senate version guarantee the below 18 concerns will not be an issue? No.

Here are the differences between the two versions. 

SB934 (Senator Wexton) Text: 

§ 9.1-923. Supplement to the Sex Offender and Crimes Against Minors Registry established. 

A.      The Superintendent of State Police shall establish, organize, and maintain within the Department of State Police a computerized supplement to the Registry as a database of information regarding persons convicted of offenses for which registration is required by § 9.1-902 but who, due to the date of conviction, are not required to register for that offense.  

B.      Any attorney for the Commonwealth or law-enforcement officer may submit a request to the Department of State Police that a person be included on the supplement to the Registry and shall submit, to the extent available, identifying information including the person's name, date of birth, identifying physical characteristics, social security number, and a set of the person's fingerprints. Upon receipt of a request and the available identifying information, the Department of State Police shall confirm that the person's state and federal criminal history establish that he has been convicted of an offense for which registration is required by § 9.1-902 but, due to the date of conviction, is not required to register for that offense. Upon confirmation, the Department of State Police shall include the person's information on the supplement to the Registry.  

C.      Information on the supplement to the Registry shall include the name and residential zip code of the offender at the time of conviction as well as the offense for which the offender was convicted, the date and place of conviction, and, to the extent known, the person's sex, race, year of birth, height, weight, and hair and eye color. Access to the supplement to the Registry shall be made available to the public on the website of the Department of State Police.

D.     Nothing in this section shall impose an affirmative duty on the Department of State Police to identify persons to be included on the supplement to the Registry in the absence of a request received pursuant to subsection B.  

HB1353 (Delegate Ramadan) Text:

§ 9.1-923. Supplement to the Sex Offender and Crimes Against Minors Registry established. 

A.      The Superintendent of State Police shall establish, organize, and maintain within the Department of State Police a computerized supplement to the Registry as a database of information regarding persons convicted of offenses for which registration is required by § 9.1-902 but who are not required to register for that offense.  

B.      Any attorney for the Commonwealth or law-enforcement officer may submit a request to the Department of State Police that a person be included on the supplement to the Registry and shall submit a set of the person's fingerprints. Upon receipt of a request and the person's fingerprints, the Department of State Police shall confirm that the person's state and federal criminal history establish that he has been convicted of an offense for which registration is required by § 9.1-902 but is not required to register for that offense. Upon confirmation, the Department of State Police shall include the person's information on the supplement to the Registry.

C.      Information on the supplement to the Registry shall include the name and address of the offender at the time of conviction as well as the offense for which the offender was convicted and the date and place of conviction. Access to the supplement to the Registry shall be made available to the public on the website of the Department of State Police. 

D.     Nothing in this section shall impose an affirmative duty on the Department of State Police to identify persons to be included on the supplement to the Registry in absence of a request received pursuant to subsection B.  

I still ask that everyone reach out to your two State Representatives and these two patrons per the below request asking them the 18 questions.

Thank you! 

Mary

Original Post:
The current version of Virginia Delegate David Ramadan’s proposed bill HB1353 text in NO WAY supports the claims being made to the media.
 
From the below article: 

Wexton and Ramadan also seek to create a supplement to the state police’s sex offender registry. That would be a list of people who committed violent sexual offenses in Virginia before the state required such offenders to register. 

It would not require those listed to register their whereabouts, Ramadan said, but would just centralize conviction records that are publicly available from localities anyway. 

“We’re not adding punishment” to those who already have paid their debt to society, the delegate said.
 
The “supplemental registry” is NOT defined in the text of the bill as private or public, but the bills namesake and the patron have been selling the proposal as the “publics right to know about the conviction”, which would mean a public list of “Sex Offenders”. 

An online Government run database of citizens convicted of sex crimes from 20, 30 or 40 years ago that the public can access..........is a Sex Offender Registry. And implementing a VSP run database of ONLY sex crimes (misdemeanor and felony) pre-1994 and NOT ALL crimes (misdemeanor and felony) pre-1994 is NOT simply an administrative act, but is in fact punitive! 

If Robby’s Rule does become law and this “Supplemental List” is created and posted online, how long before Delegate Ramadan proposes they must reregister any changes in their residence, employment, email addresses, phone numbers and vehicle registrations? 

How long before Delegate Ramadan proposes these “Supplemental Offenders” face the same Felony punishments that our “Regular Sex Offender Registrants” face? 

I predict, not long at all. 

I believe the initial goal here is to sell the “Supplemental Registry” as a database of pre-1994 sexual convictions to the public and anyone concerned about violating civil rights, easy enough. But I believe the actual intent/ final goal is to put everyone all together under the same umbrella, on the same public list and with the same restrictions and regulations all carrying a Felony punishment.

But Delegate Ramadan claims otherwise to the media so....................................
 
Let’s all ask Delegate Ramadan DelDRamadan@house.virginia.gov  ,   info@davidramadan.com    and Senator Wexton district33@senate.virginia.gov   to both guarantee in writing or on camera to the citizens of Virginia HB1353 (Robby’s Rule) if passed into law that the following 18 points would be true for those who are swept up by it? 

  1. That their current residential address will never be publicly posted
  2. That their current employer/company name and address will never be publicly posted
  3. The data-base will never allow for a map search to their current residential address
  4. The data-base will never allow for a map search to their current employer address
  5. That a photo of them (old or new) will never be publicly posted
  6. That their hair and eye color will never be publicly posted
  7. That their height and weight will never be publicly posted
  8. That their information will NOT be sent to Facebook as a Sex Offender
  9. That a list of their nicknames, newly married name and alias will never be publicly posted
  10. That they will never face a Felony (or misdemeanor) for not updating their information with the Virginia State Police (even once a year)
  11. That no employee or Trooper from the VSP will ever show up at their residence
  12. That no employee or Trooper from the VSP will ever show up at their place of employment
  13. That no employee or Trooper from the VSP will ever show up at any institution of education they are enrolled with
  14. That they will never face a Felony (or misdemeanor) for loitering or residing near a school or daycare facility
  15. That they will never face a Felony (or misdemeanor) for attending their child, grandchild/ great grandchild, step-child, step grandchild/great grandchild or niece/nephews school-sponsored activity/event
  16. That their standard Virginia Drivers license renewal will not be shortened to 5 years instead of the regular 8 years
  17. That if they currently have a Virginia CDL they will not be required to get a newer/different CDL
  18. That if they move out of the state of Virginia they are NOT required to notify the VSP
If Delegate Ramadan, Senator Wexton and ANY patron or co-patron of any similar bill will agree that none of these consequences will occur with Robby’s Rule, then I will not oppose it and there will be no more Action Items against it on this website. 

I’m asking EVERYONE to please, send an email to your Delegate, your Senator, to Ramadan and to Wexton asking them to confirm these concerns with Robby’s Rule, today!

I already have.

Mary Devoy 
 

Loudoun Lawmakers’ Bills Tackle Ethics, Greenway, Sex Offenders, January 7, 2015
By Jonathan Hunley

Ethics was the topic of the day Tuesday, when former Gov. Bob McDonnell was sentenced to two years in prison for taking thousands of dollars in gifts and loans from businessman Jonnie R. Williams Sr. in exchange for shilling for Williams’ products.
 
And the subject will continue to reverberate in Richmond next week as the Virginia General Assembly convenes for its annual session. Several delegates and state senators are expected to introduce legislation on ethics reform, and the issue will be among many brought up by the lawmakers who represent Loudoun County.

Del. J. Randall Minchew (R-10) and state Sen. Jennifer T. Wexton (D-33), both of Leesburg, said Monday that they were preparing bills that would lower the cap on gifts to legislators to $100. Lawmakers imposed a $250 cap on “tangible” gifts last year but didn’t place a dollar limit on “intangible” presents, such as trips or event tickets. 

Wexton and Minchew said their bills would make that $100 limit an aggregate total per donor, not just per gift, and they agreed that the distinction between tangible and intangible was unnecessary. 

“Let’s just make it simple,” Minchew said. 

In discussing those bills, the delegate and senator spoke highly of an ethics panel that Gov. Terry McAuliffe created in the wake of the McDonnell case. Joe T. May, a former Loudoun delegate, serves on that bipartisan body, the Commission to Ensure Integrity and Public Confidence in State Government. 

On another matter, Wexton and Del. David I. Ramadan (R-87), of South Riding, are planning to submit bills about tolls on the Dulles Greenway. 

“That’s my biggest priority for this year,” Ramadan said last week. 

The delegate already has filed a complaint about Greenway tolls with the State Corporation Commission, and he said he has two goals: to limit or stop the annual increase in the levy and to force distance pricing on the highway. The latter would mean tolls wouldn’t be based on a flat fee, as they are now, but rather on how far a motorist drove on the Greenway. 

Wexton said she’s exploring whether Virginia could buy the toll road back from its owner, Toll Road Investors Partnership II. Annual increases in tolls place a large financial burden on her constituents, she said, while profits flow to a company in a foreign country. 

“I don’t think that was what was intended,” the senator said, referring to Australia’s Macquarie Atlas Roads, which owns a 50 percent interest in the Greenway. 

Wexton and Ramadan also seek to create a supplement to the state police’s sex offender registry. That would be a list of people who committed violent sexual offenses in Virginia before the state required such offenders to register. 

It would not require those listed to register their whereabouts, Ramadan said, but would just centralize conviction records that are publicly available from localities anyway. 

“We’re not adding punishment” to those who already have paid their debt to society, the delegate said. 

Ramadan and state Sen. Richard H. Black (R-13), of Leesburg, also have introduced legislation that would restrict immigrant students with temporary resident status from receiving in-state college tuition rates. (See story, opposite)

And Minchew and Del. Tag Greason (R-32), of Ashburn, are shepherding bills to create specialized license plates. 

Minchew, an Eagle Scout and former scoutmaster, said he would submit legislation for a Boy Scout tag.
 
And Greason already has filed a bill that would make available for purchase plates that say “Cure Childhood Cancer” and bear the gold ribbon symbolizing awareness of the issue. He was inspired by 13-year-old Mathias Giordano of Leesburg, who died last month. Mathias, who was diagnosed with bone cancer in 2012, became an inspirational celebrity of sorts as he battled the disease.