Friday, January 13, 2017

SB1278 is Patroned by a Virginia Senator Who Did NOT Read the Book Refining Child Pornography Law: Crime, Language, and Social Consequences by Carissa Byrne Hessick

There is a Companion Bill in the House its HB2039 Patroned by Jackson H. Miller. 

It posted in LIS on January 11th and at 8:21AM on 01/16 I received an email (because the VA House added email signup back in 2016, but the VA Senate doesn’t have it) that HB2039 is a last minute addition to the House Courts of Justice Criminal Sub-Committee agenda  for the early afternoon of 01/16.  

Less than 5 hours from the Bill being placed on the Committee agenda and the Committee gathering to hear the Bill. 

That’s not transparent, that's not Open Government! 


Original Post:

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 this book”.   

Well it seems my Senator Ryan T. McDougle didn’t read the book, hasn’t  considered 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. 

Action Item: Virginia Bill SB1072 (Senate Part of a Companion Set) is Scheduled to be Heard in Virginia Senate Courts of Justice Committee on Monday January 16th at 8:00AM

On Monday January 16, 2017 at 8AM the Virginia Senate Courts of Justice Committee will meet and SB1072 is on the docket, . 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. 

SB1072 is one of two similar Bills, one in each chamber (“Companion Bills”) that need to be significantly amended or “killed”. 

With “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 comment. 

This means 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.

Who has sponsored these Bills? 

SB1072  is patroned by Senator Creigh Deeds and the House version HB1485 is patroned by Delegates Dickie Bell and Israel O'Quinn.

What do these Bills Claim to Do? 

SB1072 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”. Compared to HB1485 that adds “shall include any offense under the law of any other jurisdiction that is substantially similar”  

  1. §§ 18.2-370.2 (Loitering w/in 100ft for some RSO’s on VSP Sex Offender Registry)
  2. §§ 18.2-370.3 (Residency Restrictions w/in 500ft. for some RSO’s on VSP Sex Offender Registry)
  3. §§ 18.2-370.4 (Employment for some RSO’s on VSP Sex Offender Registry) 

Who Will be Affected by these Bills?