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Friday, March 17, 2017

Action Item for Virginia HB1485-Patroned by Delegate Dickie Bell, Ask Governor McAuliffe to Veto it OR to Amend it, TODAY!


Update 4:50PM 03/17:

In the last hour LIS has updated HB1485, Governor McAuliffe signed it into law yesterday. It was only posted in LIS 2-3 days ago that the Bill was headed to the Governor. So much for public comment or amendments to be considered in Virginia. It’s an anti-Sex Offender Bill? Sign it, sign it, sign it! Don’t ask questions, don’t consider the collateral consequences, they’re JUST Sex Offenders.

The Virginia State Police will be applying this new law retroactively upon RSO’s whose convictions go back as far as 2000 and the VSP will NOT be notifying them of their new restrictions ahead of time. 

Mary 

Original Post:

HB1485 adds any person convicted of an offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof to:
·         §§ 18.2-370.2 (Loitering) within 100 feet:
§      A primary, secondary or high school, if the conviction is on or after July 1, 2000
§      A child day center if the conviction is on or after July 1, 2006
§      A locality operated playground, athletic field or facility, or gymnasium, if the conviction is on or after July 1, 2008 “for the purpose of having any contact whatsoever with children that are not in his custody”
·         §§ 18.2-370.3 (Residency) within 500 feet:
§      A primary, secondary or high school, if the conviction is on or after July 1, 2006 and if the Offender is 3 or more years older than the victim
§      A child day center (as defined in § 63.2-100 ), if the conviction is on or after July 1, 2006 and if the Offender is 3 or more years older than the victim
§      The boundary line of any place he knows is a public park, if the conviction is on or after July 1, 2008 and if the Offender is 3 or more years older than the victim  when such park:
                                                      (i) Is owned and operated by a county, city or town
                                                      (ii) Shares a boundary line with a primary, secondary, or high school
                                                      (iii) Is regularly used for school activities
                        * The residence is allowed if the school, daycare or park is established subsequent to his conviction
·         §§ 18.2-370.4 (Employment or Volunteering)
§      A primary, secondary or high school, if the conviction is on or after July 1, 2006 and if the Offender is 3 or more years older than the victim
§      A child day center if the conviction is on or after July 1, 2006 and if the Offender is 3 or more years older than the victim 

And a grandfather clause was added for residences established prior to July 1, 2017. 
 

The Virginia State Police will be applying HB1485 retroactively to Registered Sex Offenders who are already listed on the VSP Registry for an out-of-state, Federal, Military, Foreign or Tribal conviction will now be obligated to abide by these 3 changes in VA Code. 

But the VSP refuses to notify those affected RSO’s of the change in law that will apply to them as of July 1, 2017 which has a felony punishment and limits their housing options. 

This means any RSO who has been picking up or dropping off their child on the corner of school property or waits for them in the parking lot during soccer, band or cheerleader practice today will be unknowingly committing a felony as of July 1, 2017. Yes, the section for playground, athletic field or gymnasium says "for the purpose of having contact...." but we all know an arrest and an investigation will occur if anyone makes a complaint and that means bail, hiring an attorney and possible loss of employment and the burden to prove what contact was or wasn't being made falls on the Offender, not the State!
 
HB1485 will also mean any RSO who moves to a new apartment or townhome or decides to buy a house after July 1, 2017 needs to know that it can not be within 500ft of a daycare or school property but will have no idea until their VSP Trooper or Compliance Officer comes to their newly registered address to confirm the change and then is told their new home is illegal. 
 

The Unjust, Irrational, and Unconstitutional Consequences of Pedophilia Panic By Jacob Sullum


A MUST Read!!!!!!! –Mary Devoy
 

The Unjust, Irrational, and Unconstitutional Consequences of Pedophilia Panic
The fear and disgust triggered by this subject help explain why laws dealing with sex offenses involving minors frequently lead to bizarre results. 

By Jacob Sullum March 15, 2017

"Sounds like you enjoy sex with kids," a reader tweeted at me after seeing a blog post I wrote about former Subway pitchman Jared Fogle. It was 2015, and Fogle had just signed a plea agreement in which he admitted to looking at child pornography and having sex with two 16-year-old prostitutes. "You also look like [a] pervert," the reader added. 

That's the sort of response you can expect if you write about the broad category known as "sex offenders" and suggest that not all of them are the same or that some of them are punished too severely. In this case, I had noted that the decision to prosecute Fogle under federal law, which had been justified by factors that had little or nothing to do with the gravity of his offenses, had a dramatic impact on the penalty he was likely to receive.