Sex offender; prohibiting entry onto school property of those that are violent, exceptions. (HB227)

Introduced By

Del. Vivian Watts (D-Annandale)

Progress

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

Description

Sex offenses prohibiting entry onto school property.  Provides that for every adult who is prohibited from entering upon school or child day center property by reason of his status as a violent sex offender, the court may consider objections to his petition for entry onto school property made by the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the superintendent of public instruction of the school division in which the school is located, or (iii) the chief administrator of the school, all of whom receive notice, under current law, of the petition. The bill also limits such a petition to the circuit court of the locality, whereas under current law the petition may also be made to the district court. The bill also specifically provides for the court to consider the duration of the attendance of the child of an offender at the school or child day center when issuing an order allowing the offender to enter such property. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2010Committee
01/11/2010Prefiled and ordered printed; offered 01/13/10 10102116D
01/11/2010Referred to Committee for Courts of Justice
01/15/2010Assigned Courts sub: Criminal
01/18/2010Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
01/22/2010Reported from Courts of Justice with amendment (22-Y 0-N) (see vote tally)
01/26/2010Read first time
01/27/2010Passed by for the day
01/28/2010Passed by for the day
01/29/2010Passed by for the day
02/01/2010Passed by for the day
02/02/2010Read second time
02/02/2010Committee amendment agreed to
02/02/2010Amendment by Delegate Watts agreed to
02/02/2010Engrossed by House as amended HB227E
02/02/2010Printed as engrossed 10102116D-E
02/03/2010Read third time and passed House (98-Y 0-N)
02/03/2010VOTE: --- PASSAGE (98-Y 0-N) (see vote tally)
02/04/2010Constitutional reading dispensed
02/04/2010Referred to Committee for Courts of Justice
02/19/2010Assigned Courts sub: Criminal
03/03/2010Reported from Courts of Justice with substitute (13-Y 0-N) (see vote tally)
03/03/2010Committee substitute printed 10105484D-S1
03/05/2010Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/08/2010Read third time
03/08/2010Reading of substitute waived
03/08/2010Committee substitute agreed to 10105484D-S1
03/08/2010Engrossed by Senate - committee substitute HB227S1
03/08/2010Passed Senate with substitute (40-Y 0-N) (see vote tally)
03/09/2010Placed on Calendar
03/10/2010Senate substitute agreed to by House 10105484D-S1 (97-Y 0-N)
03/10/2010VOTE: --- ADOPTION (97-Y 0-N) (see vote tally)
03/12/2010Impact statement from VCSC (HB227S1)
03/22/2010Enrolled
03/22/2010Bill text as passed House and Senate (HB227ER)
03/22/2010Signed by Speaker
03/25/2010Signed by President
04/11/2010G Approved by Governor-Chapter 402 (effective 7/1/10)
04/11/2010G Acts of Assembly Chapter text (CHAP0402)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 5 clips in all, totaling 4 minutes.

Comments

Mary writes:

The amendments in this Bill can only be viewed as an attempt to create a public spectacle of each and every petitioner’s rights as allowed by law. This bill as written would create a situation wherein a public hearing would be posted each and every time a true need was demonstrated by the petitioner. It would allow for an angry mob mentality where the petitioner could be harangued by every other person present.

The existing statute is good and works as designed.

VA Men's Accountability Network writes:

Del. Watts seems unaware of the Virginia Supreme Court's ruling on this statute in September 2009:

It doesn't matter what terms or conditions the court defines, as the decision belongs to the local school board.

Commonwealth, et al. v. John Doe.

http://www.courts.state.va.us/opinions/opnscvwp/1081691.pdf

This bill doesn't address the VA Supreme's Court's decision. As is or amended with Del. Watts' changes, the statute is a key part of a labyrinth intent on keeping offenders from being involved in their children's education. (Or, alternately, ensuring that children of offenders do not attend public schools.)

Stephen writes:

Its good to know drug dealers are still allowed on school grounds, My hats off To Del Watts for protecting are kids drug suppliers. I'm not surprised watts got re-elected, most of the people living there don't fully understand english.

Waldo Jaquith writes:

You're not doing so well with English yourself there, Stephen.