Child pornography; restitution for victims. (HB1995)
Introduced By
Del. Bill Janis (R-Glen Allen)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Restitution; civil relief; victims of child pornography. Provides that a defendant convicted of an offense under 18.2-374.1 (production, etc., of child pornography), 18.2-374.1:1 (possession, etc., of child pornography), or 18.2-374.3 (use of communication systems to facilitate certain offenses involving children) shall be ordered to pay restitution to the victim of the crime in the full amount of the damages or loss sustained by the victim. The bill also creates a civil cause of action for victims of child pornography. For purposes of this cause of action, the victims shall be deemed to have sustained damages of at least $150,000 and may also recover the costs of litigation and reasonable attorney fees. Such actions are not subject to any limitations period. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/11/2011 | Committee |
01/11/2011 | Prefiled and ordered printed; offered 01/12/11 11103198D |
01/11/2011 | Referred to Committee for Courts of Justice |
01/17/2011 | Assigned Courts sub: #1 Criminal |
01/26/2011 | Subcommittee recommends reporting with amendment(s) (8-Y 0-N) |
01/31/2011 | Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally) |
01/31/2011 | Committee substitute printed 11104749D-H1 |
02/02/2011 | Read first time |
02/03/2011 | Read second time |
02/03/2011 | Committee substitute agreed to 11104749D-H1 |
02/03/2011 | Engrossed by House - committee substitute HB1995H1 |
02/04/2011 | Read third time and passed House BLOCK VOTE (98-Y 0-N) |
02/04/2011 | VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally) |
02/07/2011 | Constitutional reading dispensed |
02/07/2011 | Referred to Committee for Courts of Justice |
02/09/2011 | Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally) |
02/11/2011 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/14/2011 | Read third time |
02/14/2011 | Reading of amendments waived |
02/14/2011 | Committee amendments agreed to |
02/14/2011 | Engrossed by Senate as amended |
02/14/2011 | Passed Senate with amendments (40-Y 0-N) (see vote tally) |
02/15/2011 | Placed on Calendar |
02/16/2011 | Senate amendments rejected by House (5-Y 92-N) |
02/16/2011 | VOTE: REJECTED (5-Y 92-N) (see vote tally) |
02/16/2011 | Reconsideration of Senate amendments agreed to by House |
02/16/2011 | Senate amendments rejected by House (1-Y 94-N) |
02/16/2011 | VOTE: REJECTED (1-Y 94-N) (see vote tally) |
02/18/2011 | Senate insisted on amendments (40-Y 0-N) (see vote tally) |
02/18/2011 | Senate requested conference committee |
02/21/2011 | House acceded to request |
02/23/2011 | Conferees appointed by Senate |
02/23/2011 | Senators: Deeds, Edwards, Quayle |
02/23/2011 | Conferees appointed by House |
02/23/2011 | Delegates: Janis, Loupassi, Watts |
02/26/2011 | Conference substitute printed 11105678D-H2 |
02/26/2011 | Conference report agreed to by Senate (39-Y 0-N) (see vote tally) |
02/26/2011 | Reconsideration of conference report agreed to by Senate (40-Y 0-N) (see vote tally) |
02/26/2011 | Conference report agreed to by Senate (40-Y 0-N) (see vote tally) |
02/26/2011 | Conference report agreed to by House (92-Y 0-N) |
02/26/2011 | VOTE: ADOPTION (92-Y 0-N) (see vote tally) |
03/03/2011 | Enrolled |
03/03/2011 | Bill text as passed House and Senate (HB1995ER) |
03/03/2011 | Signed by Speaker |
03/06/2011 | Signed by President |
03/25/2011 | G Approved by Governor-Chapter 575 (effective 7/1/11) |
03/25/2011 | G Acts of Assembly Chapter text (CHAP0575) |
Comments
During the discussion of this bill it was amended from a civil bill of restitution of $150,000 per image to a criminal bill of $1,000 per image.
This was an accepatble change.
The RSOL of Virginia still spoke against this bill because of the current definition of child pornography includes the teens “sexting”. Until images like those are no longer under the Child Pornography umbrella we will speak out.