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Tuesday, January 19, 2016

Delegate Chris Peace’s Bill HB672 AKA Eli’s Law Expands the List of Crimes for Placement on the VSP Sex Offender Registry


So I’ll start with the good news, HB672 has a start date of July 1, 2016………probably not because the Delegate doesn’t want to violate ex post facto or deny people due process but because up until now the State hasn’t been tracking the age of the victim, if they are 13 or younger.

This means any adult previously convicted of Malicious Wounding or Aggravated Wounding of a 13 year old or younger will not be swept up if this becomes law unlike what the WTVR story lead viewers to believe Mother of assaulted Hanover baby works to put violent felons on registry, January 8, 2016 http://wtvr.com/2016/01/08/mother-of-assaulted-baby-violent-felons-on-registry/ . Unless of course Delegate Peace decides to remove the start date, so I will be keeping a close eye on that. 

But this proposal expands the list of crimes for registration as a Sex Offender in Virginia. Yes the Virginia State Police Registry is called The Sex Offender and Crimes Against Minors Registry but the connotation of being an RSO is that everyone who is posted is a pedophile, a pervert, a rapist and/or a predator. 

If you read the Virginia definition of malicious wounding it’s problematic. 

In fact Delegate Dave Albo has this posted on his law website:

 


So malicious wounding is basically assault and battery, it doesn’t require a weapon and if there is a level of blood lost, it qualifies.
 
I checked some other Virginia Attorney sites and a broken bone would also qualify as malicious wounding. 

So an argument between a 13 year old and an 18 year old sibling that results in blood loss or a broken bone could land the 18 year old brother or sister on the Virginia Sex Offender Registry making college admission near impossible, securing housing and steady employment an eternal cycle of denials, evictions and terminations. 
 

So if a Drunk Driver kills a child, should they be on the Virginia Sex Offender Registry too? 

What about a Drug Dealer who sells to juveniles? 

How about parents that allow their teenagers to have parties in their home with alcohol, that’s dangerous to children. 

We need to STOP adding more crimes to the list of Registrerable Offenses in Virginia, especially when more than 83% are classified as Violent and can never petition for removal. 

These Legislators who want to be on the news as “Protectors of Children” are the same ones who refuse to study the efficacy of the last 20 years of our Sex Offender Registry and laws, but they are AOK with piling on additional crimes, retroactively implementing additional restrictions and increasing classifications. 

Well when it’s their 18 year old son being charged with malicious wounding of their 13 year old son during some horse-play that ends with the loss of blood or a broken bone and the 18 year old is facing life on the VSP Registry those Delegates and Senators will be having second thoughts about the mission-creep that they once played a part in. It’s a shame that we all have to wait for an elected-official to face the reality that we’ve all already encountered so that they might finally slow-down and question the efficacy of all of this. 

I haven’t decided if I will oppose this bill yet or if it should be an action item or not. 

But if you are as bothered as I am by the continuing parade of registerable crimes then contact Delegate Chris Peace DelCPeace@house.virginia.gov or 804-698-1097 TODAY. 

Then Email or call your Virginia Delegate AND Senator and ask them why they continue to sponsor and support the expansion of the VSP Registry and restrictions but they won’t support a proposal to study the last 20 years of data? 

Thank you! 

Mary Devoy