Friday, December 23, 2016

Action Item – Oppose Virginia HB1485 Patroned by Delegate Dickie Bell and Requested by a Virginia State Police Investigator

HB1485:             Sex offenses prohibiting proximity to children and working on school property; penalty.

Patroned/Sponsored By-                 Virginia Delegate Richard P. Bell

A Misleading Bill Title as it does MUCH more than restrict working on school property! 

Read Full Text or Track Bill Status on Virginia General Assembly Website:

Track Bill Status, Cast Your Vote or Read/Leave Public Comment on Richmond Sunlight Website: 

HB1485 adds “shall include any offense under the law of any other jurisdiction that is substantially similar” to §§ 18.2-370.2 , §§ 18.2-370.3 AND §§ 18.2-370.4  

So any out-of-state OR military conviction from 2000 through today would be retroactively swept up not just in the Virginia prohibition/felony for “working on school property” BUT also for our “loitering” AND “residency restriction” laws. These people are already listed on the Virginia State Police Registry and they are abiding by all of the legal restrictions, regulations and mandates that Registered Sex Offenders convicted in Virginia must abide by, WHY would we now demand that their choice of a residence today is a felony and make them homeless or that any future residence they are considering be limited under the threat of a felony? 

If a conviction date of July 1, 2017 is NOT added to the 3 parts of HB1485 we’d need to know
  1. How many current VSP RSO's w/ out-of-state or military convictions would be retroactively included under §§ 18.2-370.2 ?
  2. How many current VSP RSO's w/ out-of-state or military convictions would be retroactively included under the new §§ 18.2-370.3 ?
  3. How many current VSP RSO's w/ out-of-state or military convictions would be retroactively included under the new §§ 18.2-370.4 ? 
Per the FOIA request image at the top of this post, the Virginia State Police have no idea how many current RSO’s that would be. REALLY? By the way, I did ask the patron Delegate Dickie Bell how many people would now be obligated to abide by the three different sections if HB1485 became law on July 1st as written, he didn’t know either. But yet he’s proposing a new felony for them, retroactively! Oh, and the idea for this Bill came from a Virginia State Police Investigator, yep! 

Residency Restriction have been studied far and wide and every conclusion has determined these feel-good types of laws which are based 100% on myth, hate and fear do NOT make communities safer. Residency restriction actually makes communities less safe. There is ZERO data to support 2/3’s of what HB1485 is requesting, the data is out there and it contradicts what this Bill is proposing. 

RSO’s should NOT work at schools or daycares, fine §§ 18.2-370.4 can remain in HB1485. But to continue to broaden our residency restriction law and our vaguely written loitering law is a waste of time, resources and lives. 

Please Email or call your one Virginia Delegate and your one Virginia Senator BEFORE session begins on January 11, 2017 and ask them to Vote ‘No’ on HB1485 as long as §§18.2-370.2  and §§ 18.2-370.3 remain in the Bill. Plus remind them ANY Virginia RSO Bill should have a conviction date of the upcoming July 1st otherwise we are proposing and passing laws that are being retroactively applied by the Virginia State Police and that is a violation of ex post facto (the Constitution).  

Thank you. 

Mary Davye Devoy