HB2671: Sexually violent predators; civil commitment.

Chief Patron

Morgan Griffith (R-8)
Salem, VA
Served: 1994–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

04/04/2007: enacted

View Entire History

01/10/2007 Committee
01/10/2007 Prefiled and ordered printed; offered 01/10/07 077786105
01/10/2007 Referred to Committee for Courts of Justice
01/17/2007 Assigned Courts sub: Criminal Law
01/29/2007 Impact statement from DPB (HB2671)
02/03/2007 Committee substitute printed 077847308-H1
02/03/2007 Read first time
02/05/2007 Read second time
02/05/2007 Committee substitute agreed to 077847308-H1
02/05/2007 Emergency clause added
02/05/2007 Engrossed by House - committee substitute HB2671H1
02/06/2007 Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/06/2007 Communicated to Senate
02/07/2007 Constitutional reading dispensed
02/07/2007 Referred to Committee for Courts of Justice
02/19/2007 Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/20/2007 Committee substitute printed 077858820-S1
02/20/2007 Constitutional reading dispensed (40-Y 0-N)
02/20/2007 Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
02/20/2007 VOTE: (40-Y 0-N) (see vote tally)
02/20/2007 Passed by for the day
02/21/2007 Impact statement from DPB (HB2671S1)
02/21/2007 Read third time
02/21/2007 Reading of substitute waived
02/21/2007 Committee substitute agreed to 077858820-S1
02/21/2007 Engrossed by Senate - committee substitute HB2671S1
02/21/2007 Passed Senate with substitute (38-Y 2-N)
02/21/2007 VOTE: (38-Y 2-N) (see vote tally)
02/22/2007 Placed on Calendar
02/22/2007 Senate substitute rejected by House (5-Y 91-N)
02/22/2007 VOTE: REJECTED (5-Y 91-N) (see vote tally)
02/22/2007 Senate insisted on substitute (30-Y 0-N)
02/22/2007 VOTE: (30-Y 0-N) (see vote tally)
02/22/2007 Senate requested conference committee
02/22/2007 House acceded to request
02/22/2007 Conferees appointed by House
02/22/2007 Delegates: Griffith, Sherwood, Marsden
02/22/2007 Conferees appointed by Senate
02/22/2007 Senators: Howell, Stolle, Norment
02/24/2007 Conference substitute printed 070594308-H2
02/24/2007 Reading of conference report waived
02/24/2007 Conference report agreed to by Senate (36-Y 0-N)
02/24/2007 VOTE: (36-Y 0-N) (see vote tally)
02/24/2007 Conference report agreed to by House (85-Y 0-N)
02/24/2007 C Emergency clause deleted by conference committee
02/24/2007 VOTE: ADOPTION (85-Y 0-N) (see vote tally)
03/12/2007 Enrolled
03/12/2007 Bill text as passed House and Senate (HB2671ER)
03/12/2007 Signed by President
03/13/2007 Signed by Speaker
03/21/2007 Impact statement from DPB (HB2671ER)
03/26/2007 Governor's recommendation received by House
04/03/2007 Placed on Calendar
04/04/2007 Enacted, Chapter (effective 7/1/07)
04/04/2007 House concurred in Governor's recommendation (98-Y 0-N)
04/04/2007 VOTE: ADOPTION (98-Y 0-N) (see vote tally)
04/04/2007 G Governor's recommendation adopted
04/04/2007 Reenrolled
04/04/2007 Reenrolled bill text (HB2671ER2)
04/04/2007 Signed by Speaker as reenrolled
04/04/2007 Signed by President as reenrolled
04/04/2007 Enacted, Chapter 876 (effective 7/1/07)
04/11/2007 G Acts of Assembly Chapter text (CHAP0876)

Summary

Sexually violent predators; civil commitment. Adds the following as sexually violent offenses: indecent liberties and indecent liberties by a person in a custodial or supervisory relationship, capital murder in the commission of, or subsequent to a rape or attempted rape, sodomy or forcible sodomy or object sexual penetration, capital murder in the commission of an abduction committed with intent to defile the victim, and first and second degree murder when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or object sexual penetration. Provides that any prisoner convicted of a sexually violent offense will be referred to the Commitment Review Committee (CRC) to be evaluated for civil commitment if he scores a minimum of four on the Static-99. Under current law, prisoners convicted of certain offenses (statutory rape, sodomy or object sexual penetration with child under age 13, and aggravated sexual battery with child under age 13 who suffered physical injury) are referred with a score of four, and the remainder are referred with a five. The bill also provides that certain provisions regarding the identification, review, and preparation for filing a petition for commitment are procedural and not substantive or jurisdictional, and that absent gross negligence or willful misconduct, failure to comply is not a basis upon which a court can deny civil commitment or conditional release. Reduces from five to four the number of members the seven member Commitment Review Committee needs for a quorum. Allows the CRC 120 instead of 90 days after receiving the name of an individual eligible to be evaluated for civil commitment to complete its assessment and submit its recommendation to the Attorney General. The bill grants access to a variety of records to the Department of Mental Health, the CRC, and the Department of Corrections and provides that the existence of prior convictions or charges may be shown with affidavits or documentary evidence. Conditional release provisions are modified and it is expressly stated that medications that lower testosterone may not be used as a primary reason for determining that alternatives less restrictive than full commitment are appropriate.

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