Sexually violent predators; civil commitment. (HB2671)
Introduced By
Del. Morgan Griffith (R-Salem) with support from 11 copatrons, whose average partisan position is:
Those copatrons are Del. Clay Athey (R-Front Royal), Del. Anne Crockett-Stark (R-Wytheville), Del. Tim Hugo (R-Centreville), Del. Terry Kilgore (R-Gate City), Del. Steve Landes (R-Weyers Cave), Del. John O'Bannon (R-Richmond), Del. Chris Saxman (R-Staunton), Del. Beverly Sherwood (R-Winchester), Del. John Welch (R-Virginia Beach), Sen. John Cosgrove (R-Chesapeake), Sen. Lionell Spruill (D-Chesapeake)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
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. Read the Bill »
Status
04/04/2007: enacted
History
Date | Action |
---|---|
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) |