Child sexual abuse cases; prior sex offenses against children admissible in evidence. (SB1114)

Introduced By

Sen. Mark Herring (D-Leesburg)

Progress

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

Description

Prior sex offenses against children admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of child sexual abuse, evidence of the defendant's conviction of another offense or offenses of child sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2013Prefiled and ordered printed; offered 01/09/13
01/09/2013Prefiled and ordered printed; offered 01/09/13 13101962D
01/09/2013Referred to Committee for Courts of Justice
01/30/2013Reported from Courts of Justice (12-Y 2-N) (see vote tally)
02/01/2013Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2013Read second time and engrossed
02/04/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/04/2013Passed Senate (40-Y 0-N) (see vote tally)
02/06/2013Placed on Calendar
02/06/2013Read first time
02/06/2013Referred to Committee for Courts of Justice
02/08/2013Assigned Courts sub: #1 Criminal
02/12/2013Impact statement from DPB (SB1114)
02/13/2013Subcommittee recommends laying on the table
02/18/2013Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 44 seconds.

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in child sexual abuse proceedings. The bill, which would allow a defendant's prior convictions to be admitted into evidence if "relevant," would overturn longstanding common law requiring a judge to make certain findings regarding the probative value and possible prejudicial effect of the evidence before admitting it. Proponents testified that the bill simply imports into Virginia law a federal rule of evidence in place since 1994. This is not, in fact, the case, and we remain hopeful the legislature will understand the substantial and important change this bill would make and the threat to due process that it represents.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in child sexual abuse proceedings. The bill, which would allow a defendant's prior convictions to be admitted into evidence if "relevant," would overturn longstanding common law requiring a judge to make certain findings regarding the probative value and possible prejudicial effect of the evidence before admitting it. Proponents testified that the bill simply imports into Virginia law a federal rule of evidence in place since 1994. This is not, in fact, the case, and we remain hopeful the legislature will understand the substantial and important change this bill would make and the threat to due process that it represents.