Sex offenders; prohibits certain employment or volunteer activity, penalty. (HB1557)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patrons Del. Bill Janis (R-Glen Allen), and Del. Ed Scott (R-Culpeper)

Progress

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

Description

Sex offenses prohibiting certain employment; penalty.Provides that any adult who has been convicted of rape, forcible sodomy, or object sexual penetration shall be prohibited from working or volunteering on property he knows or has reason to know is a public or private elementary or secondary school or child day center property. A violation of this section is punishable as a Class 6 felony. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/20/2006Unanimous consent to introduce
01/20/2006Presented and ordered printed 061354232
01/20/2006Referred to Committee for Courts of Justice
01/23/2006Fiscal impact statement from VCSC (HB1557)
01/26/2006Introduced bill reprinted 061354232
02/06/2006Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/06/2006Referred to Committee on Appropriations
02/07/2006Committee substitute printed 060034232-H1
02/08/2006Assigned App. sub: Public Safety (Sherwood)
02/08/2006Fiscal impact statement from VCSC (HB1557H1)
02/10/2006Reported from Appropriations (23-Y 0-N) (see vote tally)
02/11/2006Read first time
02/13/2006Read second time
02/13/2006Committee substitute agreed to 060034232-H1
02/13/2006Engrossed by House - committee substitute HB1557H1
02/14/2006Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/14/2006VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/14/2006Communicated to Senate
02/15/2006Constitutional reading dispensed
02/15/2006Referred to Committee for Courts of Justice
03/06/2006Continued to 2007 in Courts of Justice with letter (13-Y 2-N) (see vote tally)
03/06/2006Letter sent to Crime Commission
03/22/2006Fiscal impact statement from VCSC (HB1557ER)

Comments

c. cooper writes:

this bill would need to include other places where children congregate...ie...loitering. And it would need to delete "knows or has reason to know" with "on property that is a school, day center, park, playground" etc. It would also need to include anyone convicted of lesser charges of sex offenses, non-forcible sex offenses and even public nuisances such as peeping, exhibitionism(flashing) etc.

Lloyd Snook writes:

What does "engage in any volunteer activity" mean? If a political party has someone passing out sample ballots who has been convicted of a sex crime, is that what this bill is intended to make a felony? Remember, school is not in session on Election Day, at least not in Charlottesville.

Concerning C. Cooper's comment, I understand that the spur for this legislation was a Santa Claus who was a sex offender. As drafted, it bears some relation to the specific harm that has brought it to public attention. As expanded, it would go far beyond that.

It is important to keep in mind that as a criminal statute, it has to be absolutely clear what the law prevents, so that someone who has been convicted of a sex offense can absolutely know two things -- whether the law applies to him or her, and EXACTLY what he or she is prohibited from doing.

Finally, since this is going to be retroactive, it should have some requirement that people who are governed by it be notified that there is something else that they cannot do, upon pain of being convicted of a felony. Perhaps notification by a probation officer? Or if the person is no longer on probation, what are you going to do?

Camille writes:

I would agree with Lloyd about making the language here as clear and concise as possible. I imagine there are scenario's like the one he mentioned where a convicted offender may be on school property when children were not present.

However, very few sex offenders are ever arrested and convicted, and of the few that are, many plea down to lesser charges. Thats why I believe it should be expanded.