Friday, February 26, 2016

Legislative Predator Hysteria Continues in Virginia: It Will Cost the Virginia DMV $41,391.00 to Implement SB666-Black & HB1190-Greason/Simon to Revoke 13 License Plates, 7 of Which are Co-Owned

As readers know I posted a few days ago about my plan to challenge Virginia Bills SB666-Black and HB1190- Greason/Simon  to Prohibit the DMV from issuing to registered sex offenders special license plates relating to children or children's programs or with revenues paid to funds for the benefit of children or renewing the registration for a vehicle that has been issued such license plates. The bill also provides that DMV shall not issue or renew personalized license plates to registered sex offenders if the requested personalization relates to or references children if Governor McAuliffe signs them into law. For those of you who have made a one time pledge, a quarterly pledge and a monthly pledge to help me with the expected legal fees for this challenge, thank you very much. Every pledge is greatly appreciated.
At this very moment SB666 is waiting for the Governors signature with a deadline of midnight on Tuesday March 1, 2016 and HB1190 is just about to make its final passage through the second chamber, probably by next Tuesday. 

I expect our Governor to sign both of these Bills into law. Why? Both the Senate and House Committee discussions and floor (chamber) comments on these two bills referenced Rob Buswell’s (Robby’s Rule 2015) abuser (a VSP RSO) owning a Kid’s First license plate and each patron openly suggested Mr. Buswell’s abuser was using it as a grooming tool to “troll” for additional victims. There has been NO evidence to support this claim but facts are inconsequential when it comes to harsher and broader Sex Offender Laws.

I had a pending third FOIA with the Virginia DMV because I wanted all the information based on the final amendments to know exactly how many RSO’s and how many co-owners will be affected by these two myth-based Bills. 

Of course my Kid’s First plate adds 1 more to the total and to the co-owner count. 

Here is all the data:

Thursday, February 25, 2016

International Megan’s Law: Bad Public Policy


Judge tosses out challenge to sex offender passport law, April 13, 2016

Original Post:

International Megan’s Law: Bad Public Policy, February 25, 2016

On Monday, February 8, 2016, President Obama signed HF 515, and it became Public Law 114-119, known casually as “International Megan’s Law” (IML).  The very next day, Janice Bellucci, a civil rights attorney and President of CA-RSOL, filed a legal challenge in Federal Courts in California, citing constitutional violations of the First and Fifth Amendments, and the Ex Post Facto Clause.  After careful review of the intent and apparent effect of this new Public Law, and the arguments raised in the legal challenge, it seems IML is not only unwarranted, but establishes a dangerous precedent.      

Tuesday, February 23, 2016

A Poll/ Your Action is Being Requested: Will You Donate Towards Legal Expenses for a Court Challenge Against Virginia HB1190/SB666 if Governor McAuliffe Signs Them Into Law?

I Have Ordered a Virginia Kid’s First License Plate.
Because All 140 2016-Virginia Delegate’s and Senator’s Have
Decided That I Do Not Have the Right to Own a DMV-Offered License Plate to
Support a Children’s Charity, on MY Vehicle.
Let’s See If the Courts Think I Have No Right to Support a Charity of My Choosing!
- Mary Davye Devoy

Odds are most of you will not care about this specific issue because it doesn’t affect you or your loved one. 

That would be a mistake and I will tell you why, HB 1190-Greason/Simon and SB666-Black are an attack on not only your constitutional rights, but on anyone living with you or the RSO you know.  

HB1190 and SB666 will Prohibit the DMV from issuing to registered sex offenders special license plates relating to children or children's programs or with revenues paid to funds for the benefit of children or renewing the registration for a vehicle that has been issued such license plates. The bill also provides that DMV shall not issue or renew personalized license plates to registered sex offenders if the requested personalization relates to or references children. 

Nearly every legislative battle I have taken up in the last 8 Virginia General Assembly sessions had no direct bearing on me or my family member. I fought against them because it was the right thing to do it was important to our system of justice system, to our Constitution and to society as a whole. 

Each and every year I’ve watched on as right after right of those who are listed on the VSP Registry has been revoked and almost every time I was the only one who showed up to speak out.  

Now it’s your turn. Not only are the rights of those on the VSP Registry being threatened, but now their family members will be. To fight this may seem insignificant, but it is the first step in protecting our basic rights as citizens of Virginia and the United States. 

I do not take this new mandate lightly and I can not take it lying down. 

I have made the trip to my local DMV and ordered a Virginia Family and Children’s Trust Fund: Kid’s First License Plate for my 2001 vehicle with 200,150+ miles. Why? Because SB666-Black has passed through BOTH chambers (House and Senate) of the Virginia Legislature as of February 22nd and it now heads to Governor McAuliffe to be signed into law AND HB 1190-Greason/Simon has passed through the House and will soon pass through the Senate.  

Unless of course the Virginia Governor doesn’t sign these into law (I don’t see that happening) there is no stopping them now. 

It doesn’t matter how long ago the conviction was, what the specific conviction was for or if it even involved a minor or not. 

A Registered Sex Offender (RSO) might simply be a vehicle co-owner and not the primary driver. It does not matter if their spouse, parents or teenage children also co-own the vehicle and use it the majority of the time. Any attachment by vehicle registration will result in prohibition. 

In one of our discussions a Legislator we respect advised us to let these two Bills go “Choose your battles” they said. We explained that while it seems insignificant and paltry, it strikes at the very heart of freedom. It is freedom of expression, freedom of speech and equal protection of the law. It is not simply administrative, it is in fact punitive. If we let this go, then what will be next? 

So the next step is to challenge this new law in Court and I’m willing to do it, I’ve already begun contacting attorneys. I can be the plaintiff in this challenge whereas all the past anti-RSO Bills that have previously become law in Virginia needed an RSO to challenge it. 

I’m willing to be the name, the face and the voice against these two hateful Bills that not one Virginia Legislator voted against but I can’t bear the full cost of a court challenge alone. 

This court challenge isn’t just about VA-DMV Specialty License plates; it is against what will no doubt be a cascading set of laws stripping away more and more  of your Constitutional Rights. This restricts your rights without due process, and it restricts your voice. 

This court challenge is about the continued targeting of a group of citizens who are mandated under threat of law to register publically by the State and submit to whatever restrictions and indignation conceivable. 

I challenge the claim that our State utilizes public-registration is an administrative act, and not a punitive one.

Monday, February 22, 2016

HB628 Passed out of Virginia Senate Courts of Justice Committee 7 to 5 AND Delegate Rob Bell Confirmed it’s a CYA for the Virginia State Police Adding Employer Information Online Years Ago Without the Approval of the Legislature

Legislative notebook: No-wake bill, fantasy sports, worker's comp and sex offenders, February 24, 2016

Dear Virginia Senators,  

Today HB628– Rob Bell -Reiterating the Employer Address AND Adding College Name to be Publically Listed on the VSP Registry, passed out the Senate Courts of Justice Committee 7 to 5. 

There are 4 important factors affecting recidivism for Former-Offenders released back into our communities. They are Education, Housing, Employment and Family support, HB628 targets two of these. 

  • Virginia is one of ONLY 6 States that posts ALL Employer information of Registrants on online TODAY!
  • 29 States do not post any employer information online; five of those States are Federal Adam Walsh Act /SORNA compliant
  • 10 States post just the address; eight of those are SORNA compliant
  • 5 States post the city, county and/or zip code; three of those are SORNA compliant
Just a few years ago Texas and Kansas removed ALL employer information from public view, the Texas advocacy group actually used Virginia’s 2010 failed bill (SB635) as their foundation.  

Policies like HB628 guarantee a revolving door of low pay, public sector work. This contradicts the claim the public Registry is simply administrative, not punitive AND it makes stability and traceability increasingly difficult for the RSO which is creating a greater likelihood of recidivism. 

The more you push the RSO’s to the fringes of society with your mandates, restrictions and regulations, the more you play a part in them possibly committing a new crime and creating a new victim either to survive or because they have nothing left to lose. 

Back in 2009, Florida experienced a sharp increase in sexual assaults among the general populace (NOT by those on the Registry) they determined that the recent increase in unemployment lowered the self-esteem of those predisposed to this type of crime. Unemployment leads to a higher rate of crime.   

Friday, February 19, 2016

Action Item to Save SB11-Patroned by Senator Janet Howell: It will be Heard by the Virginia House Courts of Justice Criminal Sub-Committee Next Monday February 22, 2016 in the Afternoon


SB11  was “killed” by laying it on the table in today’s House Courts of Justice Criminal Sub-Committee. 

Delegate Morris made the first motion and then most (if not all) of the Republican members seconded his motion. 

I’m sorry everyone. This was my third attempt in 6 years to get the Employer/Company Name AND the address removed from public view. 

I may not look for a patron in 2017 but I WILL try again, I will not give up on this goal I know how very important it is.


Original Post:

Virginia Bill SB11  is scheduled to be heard next Monday afternoon in House Courts of Justice Criminal-Sub Committee.

Action Item to Stop HB628-Delegate Rob Bell: It will be Heard by the Virginia Senate Courts of Justice Committee on Monday February 22, 2016 at 8AM

The upcoming Monday morning hearing will be the last time for the public to speak against HB628.   

What does HB628-Delegate Rob Bell do?

Don’t Forget to Ban the Registered Sex Offenders: In 2015 Virginia Legalized and Regulated Uber and Lyft and in 2016 Virginia Legislators Are Laying the Groundwork for Airbnb


After failing on Senate floor, Tommy Norment inserts Airbnb opposition into state budget, February 25, 2016

Original Post:

Yesterday I was catching up with someone on the phone and they said, “Were you in the room when the discussion of Airbnb was going on, they want to ban Sex Offenders you know”. I responded “I know, but no I’m not opposing the Bills… I have to pick my battles and that’s a losing one……… know last year they banned RSO’s from being Uber drivers and I didn’t oppose that because it would have been futile as the national model was to ban them”. 

The person I was on the phone with had no idea that had been part of the Uber law last year (see below). 

So this year Virginia has SB416/SB751 and HB812/HB1268 that are rolling through the 2016 session and the discussion of Sexual Offenders has occurred but so far I can’t find any ban on an RSO renting out a location OR renting a location through Airbnb, that doesn’t mean it won’t get added or the local authorities won’t ban them after the 2016 GA session has adjourned.

Thursday, February 18, 2016

4 Articles in the Last 12 Hours About Evidence-Based Reform of Sex Offender Registries and Laws and Some Advocates Who Have Stepped Up to Lead the Charge

I check the news multiple times each day. 

Some days there is nothing worth posting in the In the News page and then other days there is a plentitude of articles. 

In the last 12 hours I’ve come across 4 articles that I enjoyed finding and I decided to share them in a post for those of you who don’t check the In the News page. They aren’t from Newsweek or the New Yorker but they are still very good. 

Facts can win out over myth and fear based laws, it just takes the courage of people to ask questions, to demand evidence and data and to not give up when they aren't successful right away or when those in authority attempt to discredit or humiliate them.
You can fight or give up. I choose to fight.

Mary Devoy        

Law and Disorder: A minister, sex offender and advocate, February 18, 2016

Defending Sex Offenders One City at a Time (TX), February 18, 2016

We’re Rethinking Prisons. Is It Time to Rethink Sex Offender Registries? February 18, 2016
Criminal justice reform is in the air. But not for everyone.

Lawmakers push for mercy on sex offender registry (UT), February 17, 2016

Wednesday, February 17, 2016

Virginia Bill HB1101 Patroned by Delegate Ron Villanueva: First Gives Homeowner Associations a Special Carve Out in Virginia Code for RSO Notifications, But it’s End Goal is Actually to Push RSO’s Out of High-End Neighborhoods In Virginia

Automatic notification of registration of sex offenders; common interest communities.
Provides that the association for a common interest community (Condominium/ Homeowners Association) may request and receive from the State Police notice of the registration or reregistration of sex offenders whose registered address is in the same or a contiguous zip code as that of the common interest community.

This proposal would liken residents who reside in condominiums and neighborhoods with Housing Associations to that of daycares, schools and assisted living facilities within the Code of Virginia claiming they should be privileged to receive RSO-notifications directly from the Virginia State Police-VSP.   

Today EVERY citizen and non-Virginian regardless of their income level has access to the same Virginia State Police Sex Offender Registry information. Anyone can sign up for Sex Offender email notifications from the State Police by selecting a desired zip code or codes for free.  

Per a January 26, 2016 FOIA with the VSP I learned that 6,261 “entities” receive electronic notifications and their notifications are the exact same as for individual citizens who sign up online.

Condominiums and Homeowners Associations are basically neighborhoods and they exist within a specific footprint; the State Polices Registry search does not differentiate nor are they aware of neighborhoods specific boundaries, searches are based on zip codes. 

Yesterday was Cross-Over Day at the Virginia 2016 General Assembly, See What Bills are Still Alive and Which Ones are Dead

The 2016 Virginia General Assembly page  has been updated since we have now passed Cross-Over Day. You can see which Bills are still alive and which ones have died. 


Friday, February 12, 2016

Mary Davye Devoy: Why Do I Advocate?

This 2016 Virginia G.A. session is my 8th session standing up in opposition of “feel good laws” and advocating for data-driven reform of the Virginia Sex Offender Registry and our criminal sex statutes. 

Editorial by Mary Davye Devoy
Has Virginia’s Sex Offender Registry Kept Us Safe? July 5, 2015
A program that claimed it would better protect society has been in place for 20 years. We owe it to our citizens to see whether it has done what was promised, is cost effective, whether justice is being served or reforms are needed.

Editorial by Mary Davye Devoy
Campbell: Sex offender bill would stir up angry mobs, February 15, 2015:

Roanoke Times Point & Counterpoint Editorial: Does the VA Sex Offender Registry Need Reform?
Part 1- March 31, 2013:
Point: Raising fear, to no effect, Mary Devoy
Counterpoint: Why sex offender registries work, Senator Bill Stanley
Part 2- April 7, 2013:
Rebuttal: Don’t believe every scary statistic, Mary Devoy
Rebuttal: Sex crimes are among the most heinous, Senator Bill Stanley 

Va. Lobbyist Works Tirelessly to Soften Sex Crime Laws, March 27, 2012:
Sex Offender Registry: The Result of Legislative Predator Hysteria, December 5, 2010:

Next Wednesday is the day after Cross-Over Day, the day that all Virginia House Bills have either made it through the House and will now be heard in the Senate and all Senate Bills have survived a vote in the Senate and will be heard in the House. 

And yet I still get half-way through session and I find myself asking...... why the hell am I doing this?  

This year I’ve been publically chastised by Senator Obenshain in a room of over 125 people (on my birthday) for a policy he claimed existed but yet is not posted online, on the Committee room or spoken before a meeting begins.  

Then on January 27th in the Virginia Senate Transportation Committee freshman Senator Amanda Chase made an open inquiry to the entire room if I was a mother or not. I had to answer by telling everyone in attendance that for close to 20 years we attempted to have children to only learn it was impossible. Then Senator Chase claimed to the room that as a mother, the protection of children matters to her, as if it does not matter to me. In other words anyone who is childless shouldn’t ever wage opposition or an opinion on any issues dealing with children. I was stunned by this cheap-tactic to silence and shame me but then freshman Senator Sutterlein piled on to her comment to further shame me I came to realize that that facts no longer matter in the Virginia Legislature. Fear-mongering and public-shaming has taken precedence; the voice of reason has been extinguished.

Federal Bill HR2490: Bertie’s Respect for National Cemeteries Act Would Expand Veteran Burial Benefits to be Denied to Those Convicted by State Statutes, Not Just Federal as Tier III’s, Even Though Virginia Doesn’t have a Tier/Level Classification System. Plus There’s a Proposal to Also Ban Those Who Were Accused/Charged of a Sex Crime But Not Convicted……. All Under a Cost Savings Plan

Federal Bill HR 2490: Bertie’s Respect for National Cemeteries Act was submitted last May and hasn’t had any movement. Now with the below article it has a good chance of being heard by either the House Armed Services or House Veterans' Affairs Committees. 

The Sponsor is:

The current Co-Sponsors are:


VA Wants Vets Charged in Serious Sex Crimes Barred From VA Burials, February 12, 2016
By Bryant Jordan

The Department of Veterans Affairs is asking Congress to pass legislation prohibiting veterans charged with the most serious category of sex crimes from interment in veterans' cemeteries. 

The proposed ban would go further than current law prohibiting convicted and registered Tier III sex offenders from being buried in VA cemeteries by barring those who die before being convicted or who flee to avoid prosecution. 

Tier III sex offenders are those convicted of aggravated sexual abuse, or sexual abuse or abusive sexual contact against a minor under age 13, according to federal statute. 

In 2011, Rep. Vicky Hartzler, R-Missouri, sponsored the Hallowed Grounds Act, which was signed by President Obama in January 2013. 

The law put Tier III sex offenders in the same category as veterans convicted of capital crimes, who have been barred from veteran cemetery burials since 1997. That year, President Clinton signed legislation to ensure Army veteran Timothy McVeigh, convicted of blowing up the Alfred P. Murrah Federal Building in Oklahoma, would not be eligible for such interment.

Thursday, February 11, 2016

February 10, 2016 Hearings in Virginia House Courts of Justice Full and Criminal Sub for HB628, HB177 and HB1317

So I planned to attend yesterdays; House Courts of Justice Full Committee (started at 2:40PM) hearing where HB177 and HB1317 were to be heard to then sit through Civil-Sub and then Constitutional-Sub waiting for Criminal-Sub (started at 6:30PM) so I could oppose HB628. 

Well in Full Committee both HB177 AND HB1317 were bounced back to Criminal-Sub and as last nights Criminal-Sub was the final meeting before Cross-Over Day that meant 3 Bills were going to be discussed and possibly take public comment instead of the just the one listed on the on-line docket because there would be no future dockets. These are important points that unless you are at the GA building attending hearings you’ll never know they happened until after-the-fact. 

Disappointingly I had to leave at 7:30PM last night while knowing that Criminal-Sub would continue on without me until 10PM or perhaps even midnight. It was a difficult decision to leave, but I had to. Per a Dave Albo email alert today, I now know the meeting ended around 10:40PM. 

There was another advocate in the audience though so there’d be at least one opposing statement and I had high hopes his statement might stop HB628, it didn’t. 

HB628-Rob Bell passed out of Criminal-Sub last night unanimously, 11-0. It will most likely be sent to the House floor in a block vote to pass. I WILL (come hell or high water) be on hand when this Bill is heard in the Senate Courts of Justice Committee to oppose it. Stay tuned for an action item to contact the Virginia Senators about this Bill in the next few weeks. I was advised by the other advocate that Delegate Bell noted to the audience that I had left the hearing and the delay in hearing his Bill was not to purposefully avoid hearing my testimony. Too funny! 

HB177- Albo was re-heard and passed out of Criminal-Sub last night unanimously, 11-0. It was amended (again); now the amendment will not post on LIS until AFTER the Full Committee hears it on Friday (tomorrow) but I have received confirmation that ALL of the "Crimes Against Nature" (the original Bill text) has been removed from the Bill. Yes!  

HB177 is now a combination of HB604- Rob Bell and HB672-Peace (Eli’s Law) even though it has Delegate Albo listed as the patron; the text is from Rob Bell and Chris Peace.

I was advised by the other advocate at the Wednesday night hearing that Delegate Albo mentioned to the audience that I sent an email early on Wednesday to all House Courts of Justice members that I contacted 18 researchers and treatment providers in the Sexual Abuse and/or Sex Offender field asking them for any research on a connection or no connection between convictions of Bestiality and future convictions of sexual abuse against people and all the responses I received from the experts was that no research on a correlation. 

HB1317- Cline passed out of Criminal-Sub last night unanimously, 11-0. It was amended (again); now the amendment will not post on LIS until AFTER the Full Committee hears it on Friday (tomorrow). I have been advised that the re-amend version is still focused on aggravated sexual battery, but now instead of amending existing law it adds a new violation if an adult sexually abuses a 13-14-year old against his or her will by ruse.

That’s the latest news from the 2016 Virginia General Assembly session. 


Tuesday, February 9, 2016

Previously “Tabled” (Dead) But Yet it’s on Tomorrow’s Sub-Committee Docket……HB628-Delegate Rob Bell’s RSO Employer/College Information Being Publicly Posted Needs to be Opposed

HB628  was to be heard by the House Criminal-Sub Committee on February 1st, it wasn’t. 

Then it was heard on February 3rd and it was supposedly “tabled” to have its text “rolled” into HB177 (the Frankenstein Bill) at a future date.

Well it appears HB628 is alive and is moving forward on its own; it is on tomorrow afternoons docket. 

Click on the February 1st link above to contact every House Courts of Justice Committee member and ask them to vote “NO” on HB628. 

Thank you! 

Mary Devoy

Monday, February 8, 2016

HB305 and HB1190 are Directed Towards Our Registered Sex Offenders, But They Actually Sweep Up Their Loved-Ones AND THAT….. is Unconstitutional


HB305-Simon was rolled into HB1190-Greason during yesterdays Sub-Committee hearing. Then HB1190 was amended to be identical to SB666-Black. 

Delegate Simon mentioned his classmate Rob Buswell and his advocacy for last Years Robby’s Rule to the Sub-Committee members and as with SB666 claimed Mr. Buswell’s abuser had the license plate to use a a “grooming tool” 

Delegate Greason reminded the Committee members of all his past work on children’s issues. 

It passed unanimously our of the Sub-Committee and I did not bother speaking against it. 

I’ve decided I’m done opposing it. Let Governor McAuliffe sign it into law. 

I will just wait until the VA-DMV advises me I can not renew my license plate registration for Kid's First in 2017 because a co-owner of my vehicle is an RSO and then I’ll challenge this law in court. 

Mary Devoy

Original Post:

I just emailed the below message to every House Transportation Committee member.

If anyone would like to send a message please do, their email addresses are posted here: 



Dear House Transportation Committee Members, 

Good morning. 

I have been monitoring the Transportation Subcommittee #2 Agendas for 4 weeks now. 

Late last night I checked today’s agenda, knowing it would be the last meeting before Cross-Over Day and the two Bills I was looking for were not listed. Then this morning around 8AM I received an email notification that additional Bills had been added to today’s agenda. 

  • HB 305 – Simon License plates, special; prohibits DMV from issuing certain plates to registered sex offenders
  • HB 1190 –Greason License plates, special; issuance of certain to sex offenders

I was planning on being in House Courts of Justice Criminal Sub-Committee this afternoon and with this extremely short notice of your Sub-Committee hearing I have no option but to email you my opposition to these two Bills. 

Where did HB05 and HB1190 come from? 

Rob Buswell (of last years “Robby’s Rule”) asked for this proposal because his abuser currently has the Virginia Family and Children's Trust Fund- Kid's First license plate. 

We can understand Rob Buswell's anger but this Bill have nothing to do with public safety. As with Robby's Rule, Mr. Buswell is using Virginia Legislators as his personal foot-soldiers against his abuser in his continuing unhealthy obsession to destroy, manage and control him.  

Virginia Legislators should never propose laws that are based on a personal vendetta and that's exactly what these Bills are.  

The Long Arm of Sex Offender Laws: America’s Broken Sex Offender Policy Goes Global, By Christopher Moraff - “State sex offender registries have become so broad in their application that they’re practically useless”


Judge tosses out challenge to sex offender passport law, April 13, 2016

Original Post:

The long arm of sex offender laws, February 8, 2016
America’s broken sex offender policy goes global
by Christopher Moraff

Ex-offenders convicted of sex crimes in the United States are accustomed to facing numerous and often-burdensome restrictions. There are laws governing where they are allowed to live, what kind of job they can hold and, in some cases, if they are even allowed to own a computer, long after they have ostensibly paid their debt to society.

Now, a bill that passed Congress last week and is now awaiting a signature from President Barack Obama risks gambling away the civil rights of thousands of law-abiding Americans each year by subjecting them to heightened scrutiny not just at home but abroad. The legislation (H.R. 515) was sponsored by Rep. Christopher Smith (R-N.J.) and bears the laborious title: “The International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders.” 

The bill’s supporters say it is designed to prevent the practice of “sex tourism.” In practice, it amends federal law to require registered sex offenders to provide information about any intended travel outside the United States — including travel dates and itinerary — and provides for that information to be shared with the governments of any countries they plan to visit. Failure to comply with the notification requirement would be punishable by fines and up to 10 years in prison.  

Most incredibly, an amendment added to the bill in December by Sen. Bob Corker (R-TN) requires that qualifying ex-offenders have a “visual designation affixed to a conspicuous location” on their passports. Any travel documents that were issued prior to the law’s passage would be subject to revocation by the Department of State.