Civil commitment of sexually violent predators; changes including access to sealed records, etc. (HB1843)

Introduced By

Del. Morgan Griffith (R-Salem) with support from co-patrons Del. Clay Athey (R-Front Royal), Del. Scott Lingamfelter (R-Woodbridge), Del. Jackson Miller (R-Manassas), Del. Albert Pollard (D-Lively), and Del. Beverly Sherwood (R-Winchester)

Progress

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

Description

Civil commitment of sexually violent predators; penalties. Makes a number of changes, including requiring that the court records for certain sexual misdemeanors be retained for 100 years rather than 10 years; allowing access to juvenile court and records of the Department of Juvenile Justice; addressing challenges to filing defects, including defendants under the Commitment Review Committee; removing the requirement that victims of certain crimes must have suffered physical bodily injury in order for certain prisoners to be referred to Commitment Review Committee; allowing access to sealed records; extending from 60 to 90 days the time for a probable cause hearing and allowing the respondent to waive his right to such hearing; setting a standard for the court to find probable cause; allowing hearings to be conducted using two-way electronic video and audio communications systems and telephonic communication for witnesses; and extending from 90 to 120 the number of days after the probable cause hearing for conduct of the trial. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/12/2009Committee
01/12/2009Prefiled and ordered printed; offered 01/14/09 090850806
01/12/2009Referred to Committee for Courts of Justice
01/15/2009Impact statement from VCSC (HB1843)
01/16/2009Assigned Courts sub: Criminal
01/26/2009Impact statement from DPB (HB1843)
02/02/2009Subcommittee recommends reporting with amendment(s)
02/04/2009Reported from Courts of Justice with amendments (22-Y 0-N)
02/04/2009Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/04/2009Committee substitute printed 090933520-H1
02/06/2009Impact statement from VCSC (HB1843H1)
02/06/2009Read first time
02/08/2009Passed by for the day
02/09/2009Read second time
02/09/2009Committee substitute agreed to 090933520-H1
02/09/2009Engrossed by House - committee substitute HB1843H1
02/10/2009Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/10/2009VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/10/2009Reconsideration of passage agreed to by House
02/10/2009Passed House BLOCK VOTE (99-Y 0-N)
02/10/2009VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/11/2009Constitutional reading dispensed
02/11/2009Referred to Committee for Courts of Justice
02/13/2009Assigned Courts sub: Civil
02/23/2009Reported from Courts of Justice with substitute (13-Y 0-N) (see vote tally)
02/23/2009Subject matter referred by letter to Crime Commission purusant to Senate Rule 20 (L)
02/23/2009Committee substitute printed 091465520-S1
02/24/2009Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/25/2009Read third time
02/25/2009Reading of substitute waived
02/25/2009Committee substitute agreed to 091465520-S1
02/25/2009Reading of amendments waived
02/25/2009Passed by for the day
02/26/2009VOTE: --- ADOPTION (1-Y 72-N) (see vote tally)
02/26/2009Engrossed by Senate - committee substitute HB1843S1
02/26/2009Read third time
02/26/2009Floor substitute printed 091475228-S2 (Edwards)
02/26/2009Reading of amendments waived
02/26/2009Amendments by Senator Stolle agreed to (22-Y 16-N) (see vote tally)
02/26/2009Engrossed by Senate - committee substitute with amendments HB1843S1
02/26/2009Passed Senate with substitute with amendments (38-Y 0-N) (see vote tally)
02/26/2009Placed on Calendar
02/26/2009Passed by temporarily
02/26/2009Senate substitute with amendments rejected by House (1-Y 72-N)
02/26/2009VOTE: --- REJECTED (1-Y 72-N) (see vote tally)
02/26/2009Senate insisted on substitute with amendments (38-Y 0-N) (see vote tally)
02/26/2009Senate requested conference committee
02/26/2009House acceded to request
02/26/2009Conferees appointed by House
02/26/2009Delegates: Griffith, Bell, Watts
02/26/2009Conferees appointed by Senate
02/26/2009Senators: Edwards, Marsh, Obenshain
02/27/2009Impact statement from VCSC (HB1843S1)
02/27/2009Impact statement from VCSC (HB1843S2)
02/28/2009Conference substitute printed 091478520-H2
02/28/2009Conference report agreed to by House (89-Y 0-N)
02/28/2009VOTE: --- ADOPTION (89-Y 0-N) (see vote tally)
02/28/2009Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
03/09/2009Enrolled
03/09/2009Bill text as passed House and Senate (HB1843ER)
03/09/2009Signed by President
03/11/2009Signed by Speaker
03/17/2009Impact statement from DPB (HB1843ER)
03/30/2009G Approved by Governor-Chapter 740 (effective 7/1/09)
03/30/2009G Acts of Assembly Chapter text (CHAP0740)

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 5 minutes.

Comments

Traci writes:

Mr. Griffith makes the aseresation that a record kept will some how keep me safer. I am not certain how that will happen as I will die long before the records are ever destroyed or removed. Considering that the Commonwealth of Virginia considers 90* of all offenders to be violent, this will just add to the record keeping challenges already faced by a financially strapped government.