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Thursday, March 30, 2017

Legislative Goal #2 for a Smarter Sex Offender Registry in Virginia – Correct 2 Virginia Statutes with Known Errors (VA Code v. Hours of Operation) Making RSO Compliance Extremely Difficult and Many Times a Felony


I’m posting 1 to 2 of my newly redrafted Legislative Goals for a Smarter Sex Offender Registry in Virginia , one at a time through mid-May. Not only to highlight each one but hopefully to inspire you readers/followers to speak up and ask your one Virginia Delegate and one Senator to Patron/Sponsor a Bill at the next Virginia General Assembly session in January 2018.

Our VA GA. sessions begin the second Wednesday of every January so you should make your request somewhere between May and early-November. You could do it via email, via phone or even schedule a meeting with your Delegate and Senator to discuss the issues that concern you as their constituent and then propose a Bill or two at that meeting.

If they decline to Patron/Sponsor the Bill, ask them why.  

If their concerns can be addressed, address them. If not let them know you’ll be in a touch again in a month or 2, then pick a different goal and ask them to sponsor that new proposal and if they decline, again ask them why. If their new concerns for the second request can be addressed, address them. 
 

If not (they may say I just don’t want to patron that), then select another goal and ask them again in 2+ months to sponsor that Bill, persistence pays off 

Even if they don’t agree to be a Sponsor they will know:
  1. If they give you a legitimate reason not to Sponsor you will return with facts and data to alleviate those concerns.
  2. If they don’t give a legitimate reason not to Sponsor a Bill you are willing to point out empirical evidence should be the reason laws are proposed not emotion, myth and hate.
  3. That you will continue to return to them asking for Sponsorship as a constituent in their District.
  4. That you are a registered voter (hopefully) and these issues are very important to you and your family members (also voters, hopefully) and so every November they are up for reelection you and your family will be making your selection based on a candidates willingness to listen to reason and data.
You are their constituent, you are a tax-payer and hopefully a voter, they must listen to your concerns and proposals. If you aren’t sure how to address their reason/denial to sponsor a particular Bill that came from my Legislative Goals list, email me at marydavyedevoy@comcast.net with:
  1. The # of Goal you requested
  2. Which VA Legislator you asked
  3. The reason they gave you not to sponsor the Bill
If I can help you find a solution to deliver to your Delegate or Senator, I will. 

Today’s Goal is #2, correct 2 known Legislative Errors so RSO compliance in Virginia is attainable. 

Mary Devoy
 

Goal #2:


Virginia needs to correct 2 known Legislative errors (procedural changes) so compliance is actually attainable.
 
Error/Problem #1: 
Per § 9.1-903. Virginia’s RSO’s have 3 days (not 3 business days) to register in-person (not electronically or over the phone) ANY changes (additions or deletions) with the mandated information at a VSP Locations their hours are Mon-Fri 8:30AM-4PM (no evenings, no weekends, no holidays).               
 
Currently ANY three-day weekend (Saturday, Sunday, Monday) and the 2 annual four-day weekends (Lee-Jackson/Martin Luther King Jr. Day OR Thanksgiving Day/Black Friday) becomes a possible failure-to-register/Class 6 Felony. 

Solutions for Error #1:
Chose one
A-           Revise the statute to “3 business days
B-           Revise the statute to “5 days
            Aligning with the VSP hours of operation. 

Error/Problem #2: 
Per § 9.1-903. Virginia’s RSO’s have 30 minutes to register in-person (not electronically or over the phone) ANY changes (additions or deletions) with ALL email addresses and instant messaging identifications.

Most Virginians live 1+ hours from the nearest VSP Location how can our RSO’s be expected to comply with the 30 minute statute? 

Solutions for Error #2:
Chose one
A-           The VSP creates a secure (password protected) electronic system, available 24 hours a day that sends an immediate receipt to the offender confirming the information has been received by the VSP
B-           Revise the statute to “3 business days
C-            Revise the statute to “5 days
            Aligning with the VSP hours of operation. 

* To compare how accessible the Virginia State Police is for the VCheck Firearm Seller Background checks versus hours of accessibility for our 22,000+ Registered Sex Offenders to re-register and update changes in data go here http://goo.gl/8cQAgK .
 

Past Legislation attempting to fix one or both of these issues: 

I- To Fix the unobtainable mandate of “3 days” and “30 minutes”:
Ø      2011- HB1628–Del. Watts
-         (Amended in House Militia, Police and Safety, Virginia State Police Legislative Liaison openly opposed it. Left to die in Appropriations)
Ø      2012- HB416–Del. Watts  
-         (“Laid on the table” instead of voting by the House Courts of Justice Criminal Sub-Committee of 8, Virginia State Police Legislative Liaison openly opposed it.)

II- To Fix the unobtainable mandate of “30 minutes” AND stating that usernames and passwords are NOT required to be registered:
Ø      2016-  SB243–Sen. Petersen
-         (Failed to Report 6-9, in Senate Courts of Justice)