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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


Update:


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: http://goo.gl/TOVd9J 

Mary 

 

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. 

Including:
  • 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.  
 

Has there been a problem with Registered Sex Offenders using these plates in order to approach children? No! 

FOIA Data: 

                Per a FOIA Mary Devoy submitted with the Virginia DMV.
                As of December 31, 2015:
        1.       Virginia Kid’s First License Plates
·         There were 8,788 active plates
·         5 are registered to VSP Sex Offenders
·         Out of those 5, 4 are co-owned by someone who is NOT a Sex Offender 
        2.      Virginia Child Trust Heart License Plates
·         6,038 active plates
·         4 are registered to VSP Sex Offenders
·         Out of those 4, 1 is a co-owner vehicle that are NOT VSP Sex Offenders 
        3.      Virginia Child Trust Hand License Plates
·         357 active plates
·         1 is registered to VSP Sex Offenders
·         It is co-owned  
        4.      Virginia Child Trust Star License Plates
·         186 active plates
·         0 are registered to VSP Sex Offenders        

                In summary:
        ·         15,369 Total License Plates
        ·         10 are registered to VSP Sex Offenders
        ·         Of those 10, 6 are co-owned
 

A Registered Sex Offender might be a vehicle owner but their spouse, parents or teenage children may drive them the majority of the time. 

A Specialty Plate is NOT a government certification that the driver is an endorsed representative. 

Is ANY other group of Virginians prohibited from obtaining a Specialty Plate? No. 

Is ANY other group of Virginians prohibited from supporting a charity organization? No. 

Has the Virginia Legislature proposed a Bill against anyone convicted of Animal Abuse being prohibited from owning a Virginia “Animal Friendly” Plate? No. 

You may believe this isn’t a Freedom of Speech issue, but it is. 

You may believe this is just an administrative act and not a punitive one, but it is. 

You may believe that these Bills only affect the RSO’s listed on the VSP Registry, you’d be wrong. 

HB305 and HB1190 would revoke and prevent any spouse, parent or teenage children of our Registered Sex Offenders who co-own a vehicle with an RSO from supporting children charities in Virginia. 

Someone else’s conviction will prevent ME from supporting a charity of my choosing and displaying their license plate on MY vehicle. THIS violates the equal protection clause and if any of the three license plate Bills become law in Virginia as a co-owner who would be prohibited from owning a children’s charity specialty license plate under the guise “it protects the children” I plan on challenging this punitive law in court.  

This is the final-straw of mission-creep against those posted on the VSP Registry, for me personally. 

            “Injustice anywhere is a threat to justice everywhere”- Martin Luther King, Jr. 

It starts with the Registered Sex Offenders, but then it sweeps up their family members and that makes it Unconstitutional. 

Sincerely,

Mary Davye Devoy