As I posted yesterday I attended the first Virginia Criminal Sentencing Commission meeting of 2015. The presentations from the meeting still have not been posted online so I can not provide a link to the issue I am posting about here.
During the 2015 Virginia General Assembly session one of the many bills I monitored but did not oppose was HB1533 (and its companion SB976) Obscene sexual display in a public place; third offense, penalty.
What did HB1533 and SB976 propose to do?
Per it’s summary it would have ……Added engaging in an obscene sexual display, i.e., actual or explicitly simulated masturbation in a public place, to the list of misdemeanor sex offenses for which the penalty for a third offense of any of the listed offenses committed in a 10-year period is a Class 6 felony.
When it comes to legislation adding or increasing second and third offense penalties (that are not simultaneous), I don’t oppose them.
In yesterday’s VCSC presentation it was noted on page 25 that two bills from the 2015 session with fiscal impact statements produced by the VCSC staff were sent to JLARC by Virginia Delegates who did not agree with the finding. It turns out this is allowed but rarely occurs, 0-2 times per year according to VCSC. One of the 2 bills sent to JLAC during session was HB1533 .
On page 30 of the VCSC presentation it breaks down the VCSC analysis of HB1366 and how they came up with 7 additional prison beds being required at a cost of $207,232 for each year if HB1533 became law in Virginia.
Then on page 33 JLARC’s conclusion of their analysis of VCSC’s work was given and I sat in the meeting stunned because I THEN realized at that very moment what the true intention of HB1533 and SB976 had been.