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

DateAction
01/10/2007Committee
01/10/2007Prefiled and ordered printed; offered 01/10/07 077786105
01/10/2007Referred to Committee for Courts of Justice
01/17/2007Assigned Courts sub: Criminal Law
01/29/2007Impact statement from DPB (HB2671)
02/03/2007Committee substitute printed 077847308-H1
02/03/2007Read first time
02/05/2007Read second time
02/05/2007Committee substitute agreed to 077847308-H1
02/05/2007Emergency clause added
02/05/2007Engrossed by House - committee substitute HB2671H1
02/06/2007Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/06/2007Communicated to Senate
02/07/2007Constitutional reading dispensed
02/07/2007Referred to Committee for Courts of Justice
02/19/2007Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/20/2007Committee substitute printed 077858820-S1
02/20/2007Constitutional reading dispensed (40-Y 0-N)
02/20/2007Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
02/20/2007VOTE: (40-Y 0-N) (see vote tally)
02/20/2007Passed by for the day
02/21/2007Impact statement from DPB (HB2671S1)
02/21/2007Read third time
02/21/2007Reading of substitute waived
02/21/2007Committee substitute agreed to 077858820-S1
02/21/2007Engrossed by Senate - committee substitute HB2671S1
02/21/2007Passed Senate with substitute (38-Y 2-N)
02/21/2007VOTE: (38-Y 2-N) (see vote tally)
02/22/2007Placed on Calendar
02/22/2007Senate substitute rejected by House (5-Y 91-N)
02/22/2007VOTE: REJECTED (5-Y 91-N) (see vote tally)
02/22/2007Senate insisted on substitute (30-Y 0-N)
02/22/2007VOTE: (30-Y 0-N) (see vote tally)
02/22/2007Senate requested conference committee
02/22/2007House acceded to request
02/22/2007Conferees appointed by House
02/22/2007Delegates: Griffith, Sherwood, Marsden
02/22/2007Conferees appointed by Senate
02/22/2007Senators: Howell, Stolle, Norment
02/24/2007Conference substitute printed 070594308-H2
02/24/2007Reading of conference report waived
02/24/2007Conference report agreed to by Senate (36-Y 0-N)
02/24/2007VOTE: (36-Y 0-N) (see vote tally)
02/24/2007Conference report agreed to by House (85-Y 0-N)
02/24/2007C Emergency clause deleted by conference committee
02/24/2007VOTE: ADOPTION (85-Y 0-N) (see vote tally)
03/12/2007Enrolled
03/12/2007Bill text as passed House and Senate (HB2671ER)
03/12/2007Signed by President
03/13/2007Signed by Speaker
03/21/2007Impact statement from DPB (HB2671ER)
03/26/2007Governor's recommendation received by House
04/03/2007Placed on Calendar
04/04/2007Enacted, Chapter (effective 7/1/07)
04/04/2007House concurred in Governor's recommendation (98-Y 0-N)
04/04/2007VOTE: ADOPTION (98-Y 0-N) (see vote tally)
04/04/2007G Governor's recommendation adopted
04/04/2007Reenrolled
04/04/2007Reenrolled bill text (HB2671ER2)
04/04/2007Signed by Speaker as reenrolled
04/04/2007Signed by President as reenrolled
04/04/2007Enacted, Chapter 876 (effective 7/1/07)
04/11/2007G Acts of Assembly Chapter text (CHAP0876)