Sex offenders; prohibiting entry onto school grounds or other property, penalty. (HB1523)

Introduced By

Del. Steve Landes (R-Weyers Cave)

Progress

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

Description

Sex offenses prohibiting entry onto school or other property; penalty.  Expands the prohibition on entry onto school grounds by any adult convicted of a sexually violent offense to include (i) any school bus as defined in 46.2-100; (ii) any designated school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity or within 150 feet of the school bus stop; or (iii) any property, public or private, during hours when such property is being used solely by a public or private elementary or secondary school for a school-related or school-sponsored activity. Amends § 18.2-370.5, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

  • 12/17/2010 Committee
  • 12/17/2010 Prefiled and ordered printed; offered 01/12/11 11100108D
  • 12/17/2010 Referred to Committee on Education
  • 12/20/2010 Impact statement from (HB1523)
  • 12/20/2010 Impact statement from VCSC (HB1523)
  • 01/17/2011 Referred from Education
  • 01/17/2011 Referred to Committee for Courts of Justice
  • 02/03/2011 Referred from Courts of Justice
  • 02/03/2011 Referred to Committee on Appropriations
  • 02/08/2011 Left in Appropriations

Comments

Mary writes:

The RSOL of Virginia has contacted Delegate Landes’ office about HB1523 to inquire what inspired the bill. We were told that the Commonwealth Attorney asked him for the bill. Delegate Landes’ office has asked the CA to contact us with more information about the reasoning behind it and so we wait.

L.L. writes:

With the current wording in this bill, a registered sex offender couldn't even get out of his neighborhood in the morning. It is virtually impossible to not be within 150' of a bus stop during a regular drive to work.

I'm also wondering how an offender could possibly know that at a particular time, a non-school facility is being used for a school activity. The auditorium of our county office building is often used for school events - while also housing the finance and real estate departments and other public offices. This is another bill that simply sets offenders up for a Class 6 felony while providing no enhanced safety for anyone.

Looking forward to hearing the rationale, but I doubt that information will be forthcoming.

Mary writes:

L.L.,

We stopped by the Delegates office today and spoke to his L.A. Everything you just listed is exactly what we explained to her. The number of scenarios is endless. Students selling donuts outside the grocery store, students using a few lanes at the local bowling alley that an offender plays in a league with or is there with their own children bowling, the gas station on the corner with a car wash. God help you if you live on a street with one entrance and exit and the bus stop is at the entrance/exit. What if you don't know where the bus stops are? Will the school district's give out maps of the bus stops to all the offenders so they can avoid those areas? I don't think so.

We will be opposing this bill vehemently!

Jack writes:

I am in construction and have been all my life; I am also a sex-offender--one who has been involved in extensive treatment by the best treatment providedr. As the senior superintendent of a construction company I am often required to be in commercial and high-end renovation that brings me in close proximity to bus stops but only briefly. We are presently building a community center in a local apartment complex that we have been working on for 6 months. I would not be able to support myself if I am not able to briefly bein the general area of the bus stops within this apartment complex.

stephen writes:

This law as written would ban sex offenders from walking down the side walk most of the day. Most apartment builings have bus stops at the front door, so they could not go to work or come home most hours of the day. Sex offenders to the rear of the bus. I'm not shocked to see ths good old boy is white.

Susan Caperton writes:

I do not see how this bill could possibly be enforced. Today school let out early because of a snow day. There are three different bus schedules and kids go to different schools every year. Also, when I read the impact statement, it said there were about 10 people in three years that violated the school law. This is less than one percent of people on the SOR. This shows that this group of people are compliant with the law.

Spouses of sex offenders most likely work and it takes both parents to get kids on and off of the bus. I could not keep my job if my husband did not help take the kids there. Are my young kids supposed to stand by themselves in the rain to get on the bus when I am at work and their dad cannot help them.

If you are on probation you are required to work. If you cannot leave your house at the beginning and end of the day because of this law, your work could be impacted.

I do not think the impact statement justifies this law. There is no problem to fix.

stephen writes:

I notice this guy holds his town meetings in places where members of the public aren't allowed to be. He must be trying to hide something from the public.

Fran writes:

This bill will only create more problems for all if it is passed, as there are many sex offenders that have to support their family's, not too mention to have to drive to and from work and by school bus stops or even fall in behind a buss that needs to stop, or drive anywhere during school operations, field trips, library's etc. as well as other events and I fail to see how it will promote the general welfare of our society much less any common defense as it is a suicide bill that will back fire rapidly. By back firing is that it will lead to more crimes and hysteria along with more accusations whether they are real or misinformed. By firing back also means that this bill is a tool to use by real Sex Offenders that are never caught and never will be, while the Registered Sex Offender is consistantly punished, using them as examples by Society and by the Real Preditor to feed on to protect himself or herself with the countless information, to conceal his psycho pathic ways, laughing and creating more problems for the Registered Offender to have to face. Every case is unique and should be heard unique, but it is not and there for unjustified. A Society should promote defense for our children, but Society fails to see that not all persons charged of such crimes are actually guilty, nor do they admit that they know a family memeber that is actually a Real Predator in their family or friends relations, resulting in keeping silent as to either not turn the person in or not wanting to see the family torn apart or they turn a blind eye, yet persecute the Registered Sex Offender. There will be overwhelming felony's and either facility's jails or prisons being used, while the Real Sex Offender that creeps into our bedrooms late at night or victimizes our Mothers, sisters, brothers, cousins, with "don't tell or I will hurt your family" scenerio continues. I know, I am a victim of my Father and Step Father. My sisters and my Mother were victims as well, of these two Well mannered Men. Yet, the laws wait until it is a Political Call and then take action as turning tables and the victim becomes the Victimizer when they date a minor that lied about their age, thus from a sex offender to violent sex offender, changing the laws daily or yearly, to promote further hysteria and crime when the suppose crime happened nearly 20 years ago that is double jeapardy and allowed in Murder crimes, but not in Sex Crimes which again is unconstitutional. It is hard to be molested or raped when your a child or teen but when your murdered, you do not live again. Double jeapardy is that you can not be charged for the same crime twiste, yet they take a indicent liberty with a minor then a year or so it becomes a sex offender then years down the road, develop another law against that same sex offender and classifie that person as a Violent one all because they decide it over night or annually out of the blue, but they make the laws for that but can not make a law for a Sex Offender but rather give him life and throw that person to society to finish off evem after he has paid deeply, then try to pass a bill about school bus stops so as to add more power and fear, yet let a murderer go free once he has served 7 years in some cases. There will be less registerations for many will flee or take the risk of it for even children or teens are still missing if they run away and can not be found and doctors do not scan your dna to see if your a Sex Offender if you change identity and move and need medical treatment not to mention, over worked Officials trying to track them down becoming outraged themselves as there are other crimes needing attended too as in murders, homicides, drive by shootings, gang fights and drug manufacturing etc. Our children are suffering from many other entities besides sexual misconduct in all forms, whether intentual or consentual. The Police and Special Units due to the economy are having to cut back on Officers, as well as anyone, leaving them jobless, so who is to find the real Sex Offenders when it is all said and done if this bill is passed? And perhaps the Violated Sex offender is put into jail again due to this law and he does not have a clue when a buss is going to be late and he has to go that one way to work or risk being fired if to often late for work or has an established job and a pre teen walks by or into a HIS area of work or per say purposely does it for attention or even claims the man flirted with her perhaps resulting to call the law for they recognized the man or woman on the register, some teens crave this excitement, and look for trouble or if they do not get their way, they lie to get a attention award or out of spite, that is why there is juvinile hall! Real Stalkers of children or teens populate more each day while the Registered One's are toeing the line, most of them. Rather than passing this bill and further bills, taking our lives and jobs, throwing us into Prison again or a facility, banashing us, use common defense as in fighting fire with fire, let us Registered Sex Offenders have the job of Finding the Real Predator, creating a Constructive system, rather than a faulty one. Sure we have a system that goes on the internet and does this and posses as a teen to catch them or as a child, but if we are to pay our dues by banishing us, then why not let us get them, for after all, the Real Sex Offender that is getting away is the Real reason we are persistantly being punished! We are angry to. If we did wrong, we have paid our dues, they are getting by and no body knows the resentment we feel at being punished over them too plus the double jeapardy, lies or neighbors that shun us or being attacked by someone that most likely is a sexual assulting person themselves trying to be a hero to cover their own iniquities. The Constitutional act would be to grant us the opportunity to assist rather than pass this bill. After all, we have had much experience at being crusified, we should know how to find them if given a chance to have our self worth back instead of taking our jobs, and even way to work rights away due to a school bus stop and if murders are granted pardons or parole after 7 years in some cases, and other crimes are given another chance, and never have to Register, then why should not we if we are promoting a very great service. There are not enough officials to do this, for if there were, then why is it still rampant like a plague? After 20 long years of interegation, all my rights taken away, stripped of everything, if given the chance, there would be no stone unturned for me to find the Real Preditor and not have my eyes on the Registered ones. It is not the Registered ones Society should fear for the most part, it is the one's that are not. It is useless to take a hard working man or woman and put them in a program, only to add more restrictions to them but it is very useful to take the hard working man or woman and give them the chance to get the Illuding Real Sex Offender, that are keeping Us where we are and also our furture. If the bill is past, then let it not be against us but let it be for us to prove ourselves worthy to do a judicial cause. Most of us have nothing to lose if this bill is past since most has been taken away already, but we have everything to gain if we have a reason to fight this costly crime that may only be settled by Knowing the mind of the Real Preditor. We have had enough time to be beaten down by the system and also by the Nice mannered Man or Woman or brother etc., that is really the social path after our children that no one suspects nor will catch, but by us, the Registered Sex Offenders. The system and Society is only fooling themselves if this bill is passed and concluding that the lives of the Registered Sex Offender or Violent Sex Offender, are doomed to death actually by this move, but then so are our Children that are being stalked by a silent rapest killer, that could be at your back door waiting, that could have been saved by, a Registered Sex Offender. If the law can create a law for murders in prison to find murders and plea deals are made for them to do so, and if informants can be convicted drug traffics that have a plea deal to help the FBI then Registered Sex offenders and Violent Registered Sex offenders should have the same chance to uphold the law as well to get the Social path that is growing in numbers daily due to illogical thinking. One has to think like a real Predator to catch them, and there are not enough people to do so. Resticting the Registered offender to nearly home bound decreases the find. For soon, everyone will be a sex offender, in some form the rate this is going. It is unavoidable because it is not judicial or ordained as in the Constitution of the United States of America.

Pete writes:

Bus stop restrictions? Where am I supposed to drop my three kids in the morning? I have one in Kindergarten soon, one in 3rd grade and one in High school. More laws? I can't even breathe anymore, let alone find work. I have all these restriction already and I have never hurt any kids or adults. Yes, how is it possible? Convicted for a victimless crime in 2000 and now I am in the SOR; I was not required to register for many years in Virginia, but then some new laws changed all that in 2006 and 2008. My point is, these new laws often affect others who are not the intended target and the laws often go unfunded. State agencies are just supposed to make it happen without proper funding – your tax dollars stretched even further. I call them the knee-jerk laws for every Tom, Dick and Harry that sponsors these un-researched proposals, have little or no opposition as legislators are more likely afraid to vote conscience. Which lawmaker wants to lose his or her job for making an unpopular call? Political candidates slander each other during election time when he or she votes the morally right way. Bottom line, you (lawmakers) are continuing to hurt my children! When is this madness going to stop?

Dr Bob writes:

The proposed Bill looks as if the sponsor is seeking publicity for voters in the next re-election. This proposed Bill provides absolutely no genuine protection or security for our children. Its fiscally irresponsible and uncanny to prose as even “realistic”.

Virginia legislators knowingly and conscientiously changed all “sex offense statues” to a “violent” category. Even though there were other options for Virginia legislators to select a sound way to individually evaluate each individual for risk to society, they instead chose to classify all as “Violent”. As a replacement for this meaningless Bill, legislators should be trying to work towards a tangible solution. Instead, thousands on the sex offender registry surround the very few who are truly risk to society and our children.

Even if this proposed Bill was only targeted toward the population who committed an offense in a public or private school, on a school bus, or at a school bus stop, it is completely naïve. Frankly, my wife and I are weary of seeing this type of mindless, fiscally wasteful disingenuous legislation. Disenfranchising Virginia sex offenders from Virginia by using the façade of “bus stops” are not the answer or solution. Banning someone with a sex offense legislators required to register via irregular retroactive implementation is not a realistic solution.

It’s time Virginia legislators begin learning the facts from solid literature from studies spanning 20 or more years. Recidivism rates of sex offenders are the lowest of any criminal group. Virginia has decided to forgo evaluating individual risk and evaluation for categorizing all people required to requite as violent! The thousands of non-dangerous people required register as a violent sex offender masks the very few percentage who should be of concern.

Instead of coming up with more bogus legislation that is used for re-election and publicity of how tough our legislators are on sex offenders, why not get down the root of the problem and understanding. Why not actually evaluate via Virginia courts risks levels like other states meticulously perform. A person not threat to society comes off the registry after 1-15 years. The truly dangerous people are labeled violent sex offender and we will all be safer! It’s considerably fiscally more responsible too. I’m weary of my tax dollars being squandered for these publicity stunts.

Rickey Moore writes:

http://www.cleveland.com/open/index.ssf/2010/06/ohio_supreme_court_strikes_dow.html

This was back in June of 2010. The Supreme Court of Ohio decided that the re-classification of non-violent offenders to the violent category was unconstitutional. I would think that any other ex-post-facto ruling would later be viewed in the same legal light. So, why this possibly illegal bill? If the taxpayers woke up and smelled just how much money this bill would cost the state to implement, along with the unjustness of it, I'm sure that the public debate would become quite spirited.

Mary writes:

Died on the Vine