Sexually violent predators; adds to list of offenses that qualify as sexual offenses. (HB1038)
Introduced By
Del. Morgan Griffith (R-Salem) with support from 31 copatrons, whose average partisan position is:
Those copatrons are Del. Dave Albo (R-Springfield), Del. Clay Athey (R-Front Royal), Del. Rob Bell (R-Charlottesville), Del. Kathy Byron (R-Lynchburg), Del. Vince Callahan (R-McLean), Del. Bill Fralin (R-Roanoke), Del. Phil Hamilton (R-Newport News), Del. Tim Hugo (R-Centreville), Del. Terry Kilgore (R-Gate City), Del. Steve Landes (R-Weyers Cave), Del. Scott Lingamfelter (R-Woodbridge), Del. Danny Marshall (R-Danville), Del. Joe May (R-Leesburg), Del. Michele McQuigg (R-Occoquan), Del. Ken Melvin (D-Portsmouth), Del. Brian Moran (D-Alexandria), Del. Sam Nixon (R-Richmond), Del. John O'Bannon (R-Richmond), Del. Melanie Rapp (R-Yorktown), Del. Chris Saxman (R-Staunton), Del. Ed Scott (R-Culpeper), Del. Beverly Sherwood (R-Winchester), Del. Terrie Suit (R-Virginia Beach), Del. Katherine Waddell (I-Richmond), Del. John Welch (R-Virginia Beach), Del. Tommy Wright (R-Victoria), Sen. John Cosgrove (R-Chesapeake), Sen. Janet Howell (D-Reston), Sen. Robert Hurt (R-Chatham), Sen. Tommy Norment (R-Williamsburg), Sen. Ken Stolle (R-Virginia Beach)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
Civil commitment of sexually violent predators. Adds to the list of offenses that qualify as sexually violent offenses: abduction with intent to defile, abduction of a child under 16 years of age for the purpose of prostitution, carnal knowledge of a child between 13 and 15 years of age, and carnal knowledge of minors in custody of the court or state. The requirement that the complaining witness be under 13 years of age for aggravated sexual battery to qualify is removed. A felony conviction for conspiracy to commit or attempt to commit any of the qualified offenses is added as a qualifying offense. Incompetent defendants will be reviewed by the Commitment Review Committee. The bill provides that the Static-99 will be used to identify prisoners who will be forwarded to the Commitment Review Committee (CRC) for assessment and that if the Director of the Department of Corrections and the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services agree that no specific scientifically validated instrument exists to measure the risk assessment of a prisoner, the prisoner may be evaluated by a psychiatrist or psychologist to determine if he should be forwarded to the CRC. The bill provides factors for a court to consider in deciding whether to release a person on conditional release, such as living arrangements, availability of supervision, and access to treatment. A person on conditional release will be subject to mandatory GPS monitoring. The bill also adds abduction with intent to extort money or for immoral purposes to the felonies for which a presentence report is required. The provisions regarding qualifying offenses will be effective January 1, 2007, the remainder of the bill will be effective July 1, 2006. Read the Bill »
Status
04/19/2006: enacted
History
| Date | Action |
|---|---|
| 01/11/2006 | Prefiled and ordered printed; offered 01/11/06 061222134 |
| 01/11/2006 | Referred to Committee for Courts of Justice |
| 01/18/2006 | Assigned to Courts of Justice sub-committee: Criminal Law |
| 01/27/2006 | Reported from Courts of Justice (21-Y 0-N) |
| 01/31/2006 | Read first time |
| 01/31/2006 | Motion to refer to committee agreed to |
| 01/31/2006 | Referred to Committee on Appropriations |
| 02/02/2006 | Assigned App. sub: Health and Human Resources (Hamilton) |
| 02/07/2006 | Fiscal impact statement from DPB (HB1038) |
| 02/10/2006 | Reported from Appropriations (23-Y 0-N) |
| 02/11/2006 | Read first time |
| 02/13/2006 | Read second time and engrossed |
| 02/14/2006 | Read third time and passed House BLOCK VOTE (100-Y 0-N) |
| 02/14/2006 | VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) |
| 02/14/2006 | Communicated to Senate |
| 02/15/2006 | Constitutional reading dispensed |
| 02/15/2006 | Referred to Committee for Courts of Justice |
| 02/27/2006 | Reported from Courts of Justice with substitute (13-Y 0-N) |
| 02/27/2006 | Committee substitute printed 061432308-S1 |
| 02/28/2006 | Constitutional reading dispensed (40-Y 0-N) |
| 02/28/2006 | VOTE: (40-Y 0-N) |
| 03/01/2006 | Read third time |
| 03/01/2006 | Reading of substitute waived |
| 03/01/2006 | Committee substitute agreed to 061432308-S1 |
| 03/01/2006 | Engrossed by Senate - committee substitute HB1038S1 |
| 03/01/2006 | Passed Senate with substitute (40-Y 0-N) |
| 03/01/2006 | VOTE: (40-Y 0-N) |
| 03/02/2006 | Placed on Calendar |
| 03/03/2006 | Senate substitute rejected by House (3-Y 97-N) |
| 03/03/2006 | VOTE: REJECTED (3-Y 97-N) |
| 03/07/2006 | Senate insisted on substitute (37-Y 0-N) |
| 03/07/2006 | VOTE: (37-Y 0-N) |
| 03/07/2006 | Motion to reconsider insisting on substitute agreed to (40-Y 0-N) |
| 03/07/2006 | Senate insisted on substitute (40-Y 0-N) |
| 03/07/2006 | VOTE: (40-Y 0-N) |
| 03/07/2006 | Senate requested conference committee |
| 03/08/2006 | House acceded to request |
| 03/09/2006 | Conferees appointed by House |
| 03/09/2006 | Delegates: Griffith, Hamilton, Joannou |
| 03/09/2006 | Conferees appointed by Senate |
| 03/09/2006 | Senators: Stolle, Norment, Howell |
| 03/10/2006 | Fiscal impact statement from DPB (HB1038S1) |
| 03/11/2006 | Conference substitute printed 064020308-H1 |
| 03/11/2006 | Conference report agreed to by Senate (39-Y 0-N) |
| 03/11/2006 | VOTE: (39-Y 0-N) |
| 03/11/2006 | Conference report agreed to by House (97-Y 0-N) |
| 03/11/2006 | VOTE: ADOPTION (97-Y 0-N) |
| 03/21/2006 | Enrolled |
| 03/21/2006 | Signed by Speaker |
| 03/21/2006 | Bill text as passed House and Senate (HB1038ER) |
| 03/22/2006 | Signed by President |
| 03/23/2006 | Fiscal impact statement from DPB (HB1038ER) |
| 04/11/2006 | Governor's recommendation received by House |
| 04/18/2006 | Placed on Calendar |
| 04/19/2006 | House concurred in Governor's recommendation (98-Y 0-N) |
| 04/19/2006 | VOTE: ADOPTION (98-Y 0-N) |
| 04/19/2006 | Senate concurred in Governor's recommendation (38-Y 0-N) |
| 04/19/2006 | VOTE: (38-Y 0-N) |
| 04/19/2006 | G Governor's recommendation adopted |
| 04/19/2006 | Reenrolled |
| 04/19/2006 | Reenrolled bill text (HB1038ER2) |
| 04/19/2006 | Signed by Speaker as reenrolled |
| 04/19/2006 | Signed by President as reenrolled |
| 04/19/2006 | Enacted, Chapter 863 (effective - see bill) |
| 04/19/2006 | G Acts of Assembly Chapter text (CHAP0863) |