Sunday, February 7, 2016

These 3 Virginia Bills Need a "Specific Effective Date" Added or They Could Violate Ex Post Facto and Due Process


1- HB177-Albo now includes the text from HB604-Bell and HB672-Peace and a start date of July 1, 2016. 

It turns out HB177 (Albo’s portion) is to make Bestiality a Registrable offense in Virginia based on this Fairfax VA detectives opinion 

During last evenings Sub-Committee hearing Delegate Gilbert asked the VCSC contact to search the last 15-20 years of Virginia Bestially convictions to see if there is a correlation with future people sex crimes or not. Delegate Gilbert said if there isn’t a direct correlation then they won’t precede with that portion of HB177 but the bill is on tomorrow’s Full Committee docket. So I have little faith that any substantial data will be provided and that the Full Committee will just leave it in the Bill no matter what. By mandating public registration for abusing an animal we just are further diluting the Virginia Sex Offender Registry by just making it a name-and-shame roll call .  

2- HB1317-Cline was amended it is no longer elevating § 18.2-67.4:2 Sexual Abuse of a 13 or 14 year old, a Misdemeanor to a Felony. Now it addresses § 18.2-67.3 Aggravated Sexual Battery of a 13 or 14 year old by removing the need to prove force, threat or intimidation, this is already a Class 6 Felony and does not need a start date.

Original Post:

I just emailed the below message to every House Courts of Justice Committee member. 

If anyone would like to send the same or a similar message please feel free, all their email addresses are posted here:

Dear Virginia House Courts of Justice Committee Members, 

Tomorrow three Bills will be heard in Courts Criminal-Sub Committee that all need a start date of July 1, 2016 added to them, they are:
HB 1317 Cline: Sexual abuse of certain children; penalty  Companion Bill- SB86 Garrett a start date was added in Senate Committee
HB 177 –   Albo: Sex Offender and Crimes Against Minors Registry Act; crimes against nature, penalty
HB 604Rob Bell: Sex Offender and Crimes Against Minors Registry; receiving money from earnings of a prostitute 

If a start or “specific effective date” of this July is NOT added then the Virginia State Police (VSP) will apply them retroactively. 

For HB 1317 the retroactive application will be applied to those who are currently (and possibly formerly) listed on the VSP Sex Offender Registry. Anyone previously convicted under this statute through this coming June is/will be a Non-Violent Sex Offender but if HB1317 passes as-is after July they’ll be retroactively re-classified/elevated to Violent, without cause AND without due process.  

This “re-classification policy” was confirmed in a meeting I had back on September 23, 2015 with VSP Lt. Col. Kemmler (now retired), Captain Turner, Lieutenant Powers and Deputy Secretary of Public Safety Chapman. The VSP has previously done this both in 2006 and 2008 when similar changes were made by the Virginia Legislature to sex crime statutes.