Thursday, January 29, 2015

HB2129 Patroned by Virginia Delegate Monty Mason Takes Away 3 More Employment Options for Virginia RSO’s


VA lawmaker: 40-hour police training 'completely unacceptable', February 9, 2015
"The status quo is completely unacceptable," said Senator Norment who is pushing Senate Bill 1195.
The bill would prohibit Special Conservators of the Peace from using the title police on their badge, uniform or vehicle. They couldn't use blue flashing lights or sirens. It would also prohibit registered sex offenders from being appointed.
"I doubt very seriously you would want someone performing a security task at an apartment complex who was on a sex offender registry," said Senator Norment.

Original Post:

So I just found HB2129 bill today (see below), sorry for the delay. 

It’s already been heard by the Sub and Full Committees it now heads to the House floor for a Full vote. 

I’ve reread the bill 4 times now and I’ve decided I am not going to oppose it.  

I already thought Security Companies would have a policy of no one convicted of a felony or that has to register as a Sex Offender could be a Security Officer. 

It is already Virginia law that an RSO (Non-Violent or Violent)
  1. Can NOT be licensed as a Bail Enforcement Agent
  2. Can NOT be any type of law-enforcement officer
If the Virginia Department of Criminal Justice Services licenses Security Guards and Bail Bondsman then it does make sense that no one with a felony conviction or that has to register as a Sex Offender could obtain such a license. 

For those of you who disagree with my stance on this bill, I’m sorry. Just know I've previously opposed the CDL revocation and we got that amended so RSO’s who held CDL’s and made their living driving did NOT lose their career or ability to provide for their families, in the end they just were prohibited from driving school and daycare charters a reasonable request.

I carefully weigh all pros and cons, I consider the intent of a bill, then if there is research or 20 years data on an issue I look at that, then I move onto the collateral damage and unintended consequences before I make a decision on a bill stance and sometimes I change my mind mid-way through session due to substitutes and amendments. I will continue to monitor HB2129 for any changes. 

Action Alert: HB1366 the "Recipe for Disaster" Bill Pitting RSO Parents Who Are Petitioning the Court to Drop-Off & Pick-up Their Own Children From Daycare /School Against Complete Strangers Who Hate RSO's, Moves Forward to the Virginia House Floor for a Vote

Well readers Delegate Campbell’s bill HB1366 passed out (sailed through) of the House Courts of Justice Full Committee yesterday and onto the House floor for a vote.  

Not ONE Delegate voted against it.  

Not ONE Delegate asked questions about it. 

Not ONE Delegate raised any concerns about it. 

As the bill passed out of the Full Committee I did not expect them to ask for any audience input (because it was a unanimous vote in Criminal Sub Committee) but I at least expected a few Delegates to discuss the collateral consequences of this bill, especially after the ACLU of Virginia was quoted being against the proposal after the Criminal Sub-Committee. 

I appreciate all of you who have emailed and called your two Representatives asking them to vote “No” on HB1366 but now I am asking ALL of you to email ALL 100 Virginia Delegates today before they begin the 3 votes on the House floor. 

For points against HB1366 go to past posts
·         January 20, 2015
·         January 17, 2015
·         January 1, 2015
·         December 4, 2014 

HB1366 will most likely be in a "block vote" on the floor of the House, these happens when there haven't been ANY "No" votes in Committee. Ask the Delegates to remove HB1366 from the Block Vote and discuss what this proposal really does to the parents and the children of Virginia.
Here are the email addresses for every Virginia Delegate: 

Robby’s Rule 2015 SB1074 and HB1353 Creating a Supplemental VSP Registry that Will List Deceased Virginians, Virginians Who Moved out of State Long Ago and Will Lead to Innocent Virginians Being Confused for Sex Offenders and They Will Have No Recourse


February 10, 2015 Full Vote on the Virginia House Floor: 

93 Yeas – 6 Nays 

Breakdown by Delegate: 

YEAS--Adams, Albo, Anderson, Austin, BaCote, Bell, Richard P., Bell, Robert B., Berg, Bloxom, Bulova, Byron, Campbell, Carr, Cline, Cole, Cox, Davis, DeSteph, Edmunds, Fariss, Farrell, Filler-Corn, Fowler, Futrell, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hester, Hodges, Hugo, Ingram, James, Joannou, Jones, Keam, Kilgore, Knight, Landes, LaRock, Leftwich, LeMunyon, Lindsey, Lingamfelter, Lopez, Loupassi, Marshall, D.W., Marshall, R.G., Mason, Massie, McClellan, McQuinn, Miller, Minchew, Morefield, Morris, Morrissey, Murphy, O'Bannon, O'Quinn, Orrock, Peace, Pillion, Plum, Pogge, Poindexter, Preston, Ramadan, Ransone, Robinson, Rush, Rust, Scott, Sickles, Simon, Spruill, Stolle, Taylor, Torian, Tyler, Villanueva, Ward, Ware, Watts, Webert, Wilt, Wright, Yancey, Yost, Mr. Speaker--93 

NAYS--Hope, Kory, Krupicka, Rasoul, Sullivan, Surovell--6.  


NOT VOTING--Toscano--1 

Original Post:
Robby’s Rule 2015 is still alive, both the House and the Senate version and the number of co-patrons have skyrocketed.

Senators McDougle and Wexton SB1074 passed out of Senate Finance on Tuesday and onto the chamber floor for a full vote. 

Delegates Ramadan, Bell, Campbell, Edmunds, Fowler, Garrett, Greason, Head Hodges, Keam, Marshall, Pogge, Simon, Villanueva and Wilt HB1353 passed out of House Criminal Sub Committee and onto the Full Courts of Justice Committee. Based on the number of newly added patrons I believe this poorly drafted (but yet cheap) bill with the main goal of getting Robby’s Abusers pre-1994 conviction posted on-line will become law in Virginia this July. 

I haven't given up ........but I can see the writing on the wall. I just hope those who are posted on-line take a legal court challenge against Robby's Rule AND those who are incorrectly presumed to be a Sex Offender because they share a name and yet the online VSP post isn't able to rule them out as the Sex Offender also take a legal challenge against Robby's Rule. For their reputations being smeared by a State run website with out-dated and vague information especially if they lose jobs, rental properties, friends and family because of the confusion, I hope they have grounds for a civil suit. Because the Virginia Legislators, the VSP and all the patrons won't be able to claim ignorance, I've raised the alarm and they willfully ignored the collateral consequences that will occur because of Robby's Rule.

The Robby’s Rule VSP “Supplemental Registry” would list the name of someone from 20 or 30 years ago and the jurisdiction their conviction occurred in. Today they may have a different name and they may live 100 miles from that jurisdiction…. BUT the public will not know that.  

The original conviction was most likely a misdemeanor in 1980 or 1990, but TODAY it is a felony so when the public clicks on the statute they will read about a FELONY including years of additions…..making the information meaningless but appearing to be significant 

The most obvious problem with this Supplemental Registry will be mistaken identity. What if an innocent person shares the same name with someone who is placed on this Supplemental Registry for a 1982 conviction? 

There will be no photo to rule out the innocent person. 

There will be no address to rule out the innocent person. 

As an example I checked just a few names of House Criminal Sub-Committee members as my name is too unusual to make a point:

How many Robert Bell’s are in Virginia?                Per the Internet White Pages I found More than a 100.
How many Ben Cline’s?                                              5
Richard Morris?                                                           More than a 100
Todd Gilbert?                                                                6 

Let’s say there are 4 Virginians who share these names and have sex convictions from 1982 that are added to the new VSP Supplemental Registry. 

The Delegates won't be wrongly presumed of being a "Sex Offender", but what about the other 203 Virginians with the same name?