officially it was decided to “PBI”SB1072by the Senate Finance Public
Safety Sub-Committee when the Bill was heard back on January 25th, in a
meeting I did not attend. But Senate Finance Sub-Committees wait to bring their
decisions to the Full Senate Committee before any votes, amendments or
decisions are posted in LIS.
decision to PBI SB1072 sadly was NOT because
Residency Restrictions and Loitering Laws have all been proven to be baseless,
feel-good laws that actually make society less safe.
It was NOT because the Virginia State
Police seemed 100% fine with retroactively making compliant RSO’s homeless by
originally proposing a Bill they had full intention of applying retroactively OR that they then continued to refuse
to fix until I stood up in Senate Courts of Justice Committee
back on January 16th and made the issue public
which then led to an amendment of a grandfather-clause.
finally today’s PBI ofSB1072was NOT because the VSP refuses to notify those who will be
affected retroactively by the proposed change in the Loitering portion of the
Bill even though I offered up 2 reasonable options to Senator Deeds, Lt. Hook
and the Senate Courts of Justice Committee that were ignored which meant they
were ALL 100% OK with intentionally setting up Virginians who had confirmed
years ago what their legal obligations as RSO were and changing the rules of
the game in 2017.
No SB1072was PBI’d today per the Public
Safety Sub-Committee Char Senator McDougle because a decision was made that no
NEW money would be spent on creating new crimes or initiatives for 2017 so that
money could be directed towards the deficit within the Virginia State Police
for salaries, hiring and training. A goal that I do agree with the VSP needs to
fill the large number of vacancies and they also need to pay their people much
better than local authorities do.
I’m thrilled to see SB1072die, it died for the wrong reasons and will most likely be back at
the 2018 or 2019 sessions.
this mean for the companion Bill HB1485- Patroned by Delegate’s
Dickie Bell / Scott Lingamfelter / Isreal O’Quinn? Well it means it will NOT be
heard in House Courts of Justice Criminal Sub-Committee tomorrow (the next to
last Criminal-Sub meeting before Cross-Over Day) because the Senate will not
approve it even if it made its way through the House. So unless the Patron is
stubborn and wants to just “make-a-point”
by pushing the Bill through the House knowing it will be PBI’d in the Senate
HB1485 will just “die-on-the-vine” with no action being taken for 2017.
all for your phone calls and email’s to House and Senate members against SB1072/HB1485.
similar Bills are proposed at future Virginia General Assembly sessions that
could result in RSO’s homes becoming felonies OR would be implemented with no advance notification to the RSO’s its
being applied to retroactively, I will
laws in Virginia
that are data-driven and that don’t intentionally set citizens up for failure
not to mention laws that violate ex post facto.
On a side
note, many of you may have noticed the GA page has not been updated in a while
I apologize. If I do not have to attend a VA GA Committee meeting tomorrow I
will be able to update that page tomorrow morning.
In short, somewhere during 2015 the State Police without direction
from the Virginia Legislature decided to no longer make a copy of the signed,
thumbprint and date- stamped SP236A to the Offender to prove they had met their
legal requirement to re-register within the deadline.
I knew this unnecessary VSP policy change was going to lead to
future problems for our RSO’s who had met their legal obligation on time but
were being investigated by the VSP.
Last week I received this email from a Virginian. I have removed
any none relevant paragraphs and I’ve also removed any identifying information
even though I’m sure the VSP knows exactly who he is. Otherwise, these are his
I am a sex offender, and have been
since I was 17.
Around ________ ___, 2016, I
received a notice in the mail letting me know I had to pick up my VSP
re-registration letter from the post office. On ________ ___, 2016 I pick up
the letter from the post office and hand delivered it to the Sergeant's desk at
the State Police station.
Twenty-three days later my VSP
Compliance Officer visits me at my home, there were no issues to report on
15 days after that I update my
work address at the VSP, only to find out I have a warrant issued for failure
to register. I wasn't arrested immediately. I was told to contact my Compliance
Officer, who told me to contact the Trooper who handles my case. The warrant
was confirmed and I turned myself in the following Monday, and had a hearing
When I turned myself in, I was
told that the burden of evidence was on me. I was told there was no way there
was a paperwork error, and that I was being charged because I didn't register.
I explained that the re-registration form (SP236A)
doesn't have a carbon receipt like the standard form (SP236)
does, so there was no evidence for me to have. It was at this point that I was
told I needed to have the cover letter of the reregistration letter stamped
(mind you, the only type on the cover letter is my address and two bar codes).
The only evidence in my favor that
I managed to find was through an FOIA request to the facility that I
registered. The footage documenting visitors of the State Police location on
that day was written over, but I was able to get a copy of the visitation log
taken by the Sergeant on Duty on that date. That proved that I registered on
I haven't been to my hearing yet,
but I’m hoping the log is enough to prove my innocence. I'm writing due to
my grave concerns about how insurmountable it seems to defend against the
accusation of 'knowingly failing to register'. It's especially troubling
considering had I mailed it in and been accused, I would have no means to
defend myself. Moreover, had the Sergeant on Duty failed to keep records, I'd
have no defense. I feel like this is procedural recklessness, especially considering
the Department that handles the registration paperwork is the same Department
that had access to visitation records. Blatant willful ignorance.
I feel like if this
can happen once, it can happen many, many more times, and to people who may not
have any evidence to support their claim.
number of known and unknown legal hurdles that the Virginia Legislature and the
Virginia State Police expect our Registered Sex Offenders to jump through is
long and arduous but for the VSP to drag this man through this expensive legal process
with a new felony hanging over his head is beyond unacceptable.
RSO’s who visit a VSP location or any local authority to update their data or
re-register should ALL be given a copy of the form that shows the data they
have registered, that they have signed, given their thumbprints and is stamped
with a date and time.
change that the VSP made back in 2015 was a mistake and it needs to be
News and there’s Bad News on SB1072-Deedswhich will determine the outcome of its Companion HB1485-D.Bell/Lingamfelter/O’Quinn.
who follows me on Twitter
knew on the evening of January 18th about the one amendment to SB1072but now that I have the time
I can post the whole 3 day long story.
January 16th SB1072 was scheduled to be heard by the Virginia Senate
Courts of Justice Committee (as I previously posted about) and it was.
Deeds told the Committee this Bill came at the request of the State Police and
a new VSP Representative that I have never seen at the last 8 Virginia General
Assembly sessions came forward to speak in favor of the Bill.
Keenon Hook told the Senate Committee this:
“This Bill addresses
what VA already sees as public policy Sex Offenders not having unrestricted
access to children.
This Bill also
corrects what is NOW an incentive for Offenders who have their convictions in
other States move to Virginia.
27 other States have restrictions and these Child Sex Offenders are able to
relocate to VA to avoid those restrictions… creates an incentive for them to do
so. So this Bill will correct that”.
word-for-word, taken from my audio recording of the hearing.
amendments or substitutions were submitted by Senator Deeds.
stood to oppose the Bill; I was the ONLY person who spoke in opposition. I
began raising my concerns the same concerns I had already shared with every
Virginia Delegate and Senator via email and via handout delivered to every
Legislators office. The Chairman of the Committee Senator Obenshain stopped me
twice, first to claim that residency restrictions as policy in VA have already
been decided so that isn’t the issue to be debated that day and then he stopped
me when I began the point about not conviction date being included so the VSP
would apply it retroactively which would result in a n unknown number of
current RSO’s residences becoming illegal as of July 1st. The
Chairman directed Senator Deeds and Lt. Hook to work with me on a way to ensure
that didn’t happen. Then SB1072 was “passed by for the day” to be taken up
again at the next Senate Courts of Justice meeting, which was Wednesday January
18th. So I reinterred to Deeds and Hook of to the side of the room not just that issue with the Bill but the
second problem of no notification to the RSO’s who’d be required to know about
their change in the loitering law as of July 1st.
Later that day via email
Lt. Hook sent me an amended Residency restriction proposal that did not add a
conviction date of July 1, 2017 but it grandfathered all residences established
before July 1, 2017, which was better than nothing. So for the next 2 days I
waited to get an answer on my loitering proposal. Neither Lt. Hook nor Senator
Deeds responded to me. Luckily I had already scheduled an appointment w/ Deeds
the week before for the morning of the 18th but as I expected he
wasn’t available to meet so we discussed the second amendment with his
Legislative Assistant and I asked her to notify me before the afternoon meeting
started if the Senator would or wouldn’t offer the second amendment. I had to
follow back up hours later to learn he would not be submitting the amendment so
I was going to have to raise the second problem with the Bill to the Committee
members when it was reheard during the afternoon docket something I had not
been allowed to do on Monday because the Bill had been “passed by”.
Bill SB1560- Possession of child pornography where the accused has produced the
child pornography sponsored/ Patroned by Thomas K. Norment, Jr.isn’t increasing
the current sentencing for Possession OR for Production BUT it’s actually
creating a new/additional crime for Prosecutors to stack onto Defendants who
Read Full Text or Track Bill Status on Virginia General Assembly
Now, when it comes to the Production of Child
Pornography you will RARELY see me
oppose any Bill, same with anything to do with profiting from Child
Pornography. Compared to Possession or even Distribution (as long as it’s not
for financial gain) of CP, then I will carefully look at the proposal and
consider all issues with it and if needed I will oppose it.
To create a new criminal offense the first
thing to consider is, is this really needed. Is there an action today that we
don’t have covered under or statutes that allows for a crime to go
Well, looking at this proposal I’d say NO.
Currently anyone who produces and possesses Child
Pornography faces stiff punishments with mandatory minimum sentences in a State
with no parole for BOTH crimes. No one is “falling through the cracks”, in fact
in Virginia until this past July Possession of CPhad a harsher punishment than Production and
if2017’s SB1278 and HB2039 are successful and become law
this coming July, we revert BACK to THAT!
So…….SB1560 is JUST overkill with a way for Virginia’s Commonwealth
Attorneys to stack even more charges
onto Defendants and I expect the Fiscal Impact Statement (which is not
available as of today) will be VERY high.
THAT isn’t enough of a reason for this Bill to die, how about this…………..
Consensual Teen “Sexting” can be charged as
Child Pornography in Virginia because so far the Virginia
Legislature has flat-out refused to add a 4-year age gap allowance to teenagers
who are not forced, threatened, intimidated or extorted when they take and send
images of themselves or of each other. They can both be under-age or one under
18 years old while the other is 18 or 19 years old both facing felony Child Pornography statutes with a
lifetime on the public Virginia State Police Sex Offender Registry as a
Bill HB2065-Sexual battery; surprise; penaltySponsored/
Patroned byMichael P. Mullin (by request)which is
a Class 1 Misdemeanor (and Registrable as a Sex Offender for minimum of 15
years if done to a minor) proposes adding……may be accomplished by “surprise”.
Read Full Text or Track Bill Status on Virginia General Assembly
thing I can think is the impetus for this Bill is.....Donald Trump.
Trump said he "grabs women by the p____y" and then he denied that
such an action would count as Sexual Assault or Sexual Battery meaning it would be a crime.
Well in Virginia if you grab a
boob or pinch a butt EVEN over clothing that IS Sexual Battery, so I would think
"grabbing a p____y" or on the flip-side grabbing a "d__k" would
already be Sexual Battery.
not sure if we really need to add "surprise" to this statute.
2012 Senator Stuart had SB20
which proposed adding may be accomplished by “ruse” and “trickery” to
our Rape statute and that failed, thankfully.
nouns & verbs that we add to our criminal statutes to expand the options for victims and
Prosecutors actually makes us less safe and our criminal justice system, less
tables turn and the same injustice that has been happening for decades to
thousands of others......happens to someone who has the ability to fix it, then
all of a sudden a solution is proposed.
we personally experienced "Trial by Ambush" in Hanover County, VA.....with ZERO
Discovery available to us but yet we were faced with a Plea Deal and if we
didn't take the deal then the unknown Discovery would head to a Grand Jury.
Virginia's well known "Trial by
Ambush" (no requirement to provide Discovery to Defendants) has been
willfully ignored by the Virginia Legislature FOREVER.
In 2014 a
lengthy study by an independent Committee was released that strongly supported reform.
that a Virginia Delegate has personally experienced Virginia's extremely unjust no-Discovery
rule (goo.gl/Qqqj6x, goo.gl/lQXu7t, goo.gl/arWBZ8,
goo.gl/cetLKe, goo.gl/WV4yq4, goo.gl/2rv2gA,
here we have a Bill by that specific Delegate
proposing a fix for 2017.
about time HB2452 was proposed in Virginia, but the irony
and hypocrisy that comes with it is almost too much for me.
When an expansion of Virginia’s
Loitering Law was proposed with a Bill back in 2013-SB1152 (by my Senator) I
shared an experience with every Virginia Legislator who was in office back
And knowing that 2017’s SB1072expansion of
not just our Loitering Law but also our Residency Law will be heard tomorrow
morning in Senate Courts of Justice Committee I’m pulling out my 2013
opposition to expanding Virginia’s
Here it is:
2011 when I visited my local CVS on the corner of Mechanicsville Turnpike and
Lee Davis Rd to get a flu shot there was a 45+ minute wait, so instead of
waiting inside the store I went outside for some fresh air.
the next 5 minutes LeeDavisHigh
School let-out for the afternoon and students
were walking across the street, boarding buses and loading into cars. At that
moment I realized that I was “loitering” by definition because I was standing
less than 100 ft. from the school property line and if I happened to be a Registered
Sex Offender I could be charged with a Class 6 Felony for simply waiting for my
turn to get a flu shot. It wouldn’t matter if there was any intent in my presence
outside the store, all that needed to happen was a parent to recognize my face
from the VSP Registry or for someone to complain that I was lurking and looking
at the teens “creepily” and once it was confirmed I was a Virginia Registered Sex
Offender I would be handcuffed and hauled off.
realized this particular docket was available on the morning of Friday January
13th and SB1278 was NOT
listed on it at that point.
then……. either late in the day or into the evening on the 13th or
sometime on Saturday the 14th or maybe early on Sunday the 15th
SB1278 was added.
There is no citizen email sign up to receive dockets
or changes in VA Senate Committee meeting agendas.
There is no mandatory 24 hour time-frame for
changes in VA House or Senate Committee dockets for citizens to know about a
is no red flag or version notation when
a change occurs to a VA Senate Committee docket for citizens to know about the
happen to know after 8 years of experience to keep checking Committee dockets/agendas
ahead of meetings including on weekends.
General Assembly needs to be more transparent, more accessible and more
minute and weekend changes to Virginia Committee dockets that have no alert systems
in place give the appearance of cloak-and-dagger-politics, zero transparency and
a closed-door for citizens to what is going on in our government.
Not only did I post about it, I emailed my recommendation to all
the Virginia Legislators and like in the post I ended the email with this“Before one more Child Pornography law is proposed, tweaked or even
considered in Virginia, every Legislator, the Governor and the AG should read
Well it seems my Senator Ryan T. McDougle didn’t read the book,
hasn’tconsidered any of the research I’ve
shared over the last 9 GA sessions but
instead has decided to sponsor the below Bill. Why? Because Camille Cooper of
PROTECT and Assistant Commonwealth Attorney Rusty McGuire (who I ran into
outside Senator McDougle's office) want to reverse the Virginia Criminal
Sentencing’s recent change that slightly lowered the sentencing for
“Possession” of Child Pornography.
On Monday January 16,2017 at 8AM
the Virginia Senate Courts of Justice Committee will meet and SB1072is on the docket, http://lis.virginia.gov/cgi-bin/legp604.exe?171+doc+S0310116. This docket is
exceedingly long, so there will be Bills on this agenda that get pushed-off
until the next Courts of Justice meeting on January 18 or even the following
meeting on the 23rd. But I will be in attendance on the change
SB1072 is debated as Committee hearings are the only time the public can speak
for or against a Bill.
SB1072is one of two similar Bills, one in each chamber (“Companion
Bills”) that need to be significantly amended or “killed”.
“Companion Bills” the How a
Bill Becomes a Law in Virginia process isn’t fully followed. If they aren’t
“killed” in the first chamber when they flip to the opposite chamber the
Committee just converts the opposite chambers version to match the one they
previously passed out of the chamber, with no debate, discussion or public
the public can NOT wait for
the second pass to show up at Committee to speak against the Bill or to send
emails or make phone calls against them. Each Bill must get the
full-court-press BEFORE it passes out of the first Committee hearing.
This means anyone who
opposes these 2 Bills needs to take action against the Senate version NOW, see their contact information at
the bottom of this post.
SB1072adds “includes any similar offense under the laws
of any foreign country or any political subdivision thereof, any Native
American tribe or band that is recognized by federal law, or the United States
or any political subdivision thereof”. Compared to HB1485that adds“shall include any
offense under the law of any other jurisdiction that is substantially similar”
§§ 18.2-370.2 (Loitering w/in 100ft for
some RSO’s on VSP Sex Offender Registry)
§§ 18.2-370.3 (Residency Restrictions w/in
500ft. for some RSO’s on VSP Sex Offender Registry)
§§ 18.2-370.4 (Employment for some
RSO’s on VSP Sex Offender Registry)
website does not post VSP Location hours of operation or observed
holidays. The VSP Barracks doors or main desk do not post hours of
operation or observed holidays. The VSP website also does not post the
phone number 804-674-2825OR the hours of operation for the VSP
Sex Offender Help Desk (Hotline). Despite my multiple requests directly to the
VSP to add this crucial information to their website and locations.
Leaving Virginia’s RSO’s to
“guess” correctly or incorrectly under the threat of a felony.
Virginia because there is NO
electronic system our RSO’s MUST register ANY change of information in-person
(if they move or become homeless, if they change their name, if they lose or
start ajob part-time or full-time, if
they enroll or un-enroll in school part-time or full-time, if they add or
delete a phone number or if they buy or sell a vehicle) within 3 days (not 3
business days) or within 30 minutes (if they add or delete an email
address, an instant messenger identifier or a chat identifier) per Virginia law.
2 reoccurring 4-Day stretches where
Registered Sex Offenders in Virginia
are unable to comply with Virginia lawthey are:
1. Lee-Jackson Day and Martin Luther King Jr. Day
(Friday Preceding the 3rd Monday in January and the 3rd Monday in
Lee–Jackson Day is
currently observed on the Friday before Martin Luther
King, Jr. Day, which is the third Monday in January. Typical
events include a wreath-laying ceremony with military honors, a Civil War
themed parade, symposia, and a gala ball. State offices are closed for both
holidays. - Wikipedia
have any Registry changes that include residence, mailing address, employment,
unemployment, vehicle registration, phone numbers, school enrollment, un-enrollment,
email addresses or online identifiersOR
your re-registration letter and/or photograph has a due date of 01/13, 01/14, 01/15 or 01/16(yes certified letters have due dates that
include holidays and weekends) there will be no option for you to meet the
requirement in Virginia law or your stated due-date deadline because of the 2
upcoming VSP observed holidays flanking this weekend.
to double check the due date on your certified letter and if it’s the 13th-16th
get to a VSP Office/Location by Thursday or if your re-registration letter has
no changes and doesn’t require a photograph get to a U.S. Post Office and mail
it back by Wednesday the 11th!
expected a Companion Bill to Delegate Dickie Bell’s HB1485 has posted in LIS SB1072 by Senator Creigh Deeds.
Deed’s version adds " includes
any similar offense under the laws of any foreign country or any political
subdivision thereof, any Native American tribe or band that is recognized by
federal law, or the United States or any political subdivision thereof”to §§ 18.2-370.2 (Loitering), §§ 18.2-370.3
(Residency) AND §§ 18.2-370.4
Delegate Dickie Bell & Israel O'Quinn’sversion adds “shall
include any offense under the law of any other jurisdiction that is
substantially similar” to §§ 18.2-370.2
(Loitering), §§ 18.2-370.3 (Residing) AND §§ 18.2-370.4 (Working).
Senate version does not have a start
date of July 1, 2017 as Delegate Bell’s does which was completely unnecessary to
begin with but neither of the Bills have
a conviction date of July 1, 2017. So as written both versions would be
applied retroactively by the Virginia State Police.
would mean because of the changes being
proposed to 18.2-370.3 some Virginians who are currently
residing in a registered location that is legal would be committing a felony as
of July 1, 2017 and would need to move immediately or worse they might become
Over the last 8 years I have shared
countless studies and reports with every Virginia Legislator that all conclude
residency restrictions are nothing more than feel-good laws that instead of
making our communities safer put citizens at risk of unregistered, unstable and
/or transient RSO’s.
It’s 2017 and we still have Virginia
Legislators whom have chosen to ignore years of data that I’ve made sure they
know about and instead they continue to promote baseless, fear-mongering,
hate-driven and punitive laws.
opposing both versions (House and Senate) of these Bills that contain anything
to do with 18.2-370.2 and 18.2-370.3 .I do not oppose the
proposal to change 18.2-370.4 , I understand and agree
with ONLY that part of these two Bills.
Please Email or call your one
Virginia Delegate and your one Virginia Senator this Wednesday (January 11,
2017) the first day of session in Richmond, VA and ask them to Vote ‘No’ on bothHB1485and SB1072as long as §§18.2-370.2 and §§ 18.2-370.3remain 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).