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. Amends § 19.2-11.01, § 19.2-305.4, of the Code of Virginia. View Full Text »

Outcome

Bill Has Passed

History

  • 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

Mary writes:

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.

Posted 28 months ago.