Sex Offender and Crimes Against Minors Registry; court order plea. (SB1208)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

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

Description

Sex offender registry.  States that any court order or plea agreement that provides that a person is not required to register with the Sex Offender and Crimes Against Minors Registry is invalid and void ab initio if such provision is in conflict with the provisions of the Registry Act. Read the Bill »

Status

01/26/2011: Failed to Pass in Committee

History

DateAction
01/12/2011Prefiled and ordered printed; offered 01/12/11 11101092D
01/12/2011Referred to Committee for Courts of Justice
01/18/2011Assigned Courts sub: Criminal
01/21/2011Impact statement from VCSC (SB1208)
01/26/2011Passed by indefinitely in Courts of Justice (10-Y 5-N) (see vote tally)

Duplicate Bills

The following bills are identical to this one: HB2412.

Comments

stephen writes:

This law would make a joke out of the courts, and give people a reason to take the law into there own hands. Was this Delegate born in china?

James Endicott writes:

One of the most ridiculous attempts by a legislator to wrest decision making power from the courts. Why should a part-time legislature determine whether or not a judge can make a decision based on the facts related to an individual case? What are judges for? It is the legislature that has created mandatory minimum sentences and onerous, punitive sex offender registries that do not enhance public safety but do waste untold sums of precious tax dollars.

L.L. writes:

Judges currently don't have any discretion related to an offender's placement on the registry. A similar bill died in this same sub-committee last year because it would retroactively change old plea agreements. Not sure why they were suddenly worried about that, but they didn't like it.

stephen writes:

This bill will open the door to thousands of different problems with the courts now, starting with abortion. Who's going to listen to judges anymore if there rulings mean nothing.

Mary writes:

The State is currently forcing defendants to register even when the plea deal that both the Commonwealth's Attorney and the judge agreed to says they don't have to.
Sadly none of this citizens have challenged this practice becuae if they did they would win.

The Sttae is currently in breech of contract which is a violation of Article section 10 of the Constitution, No State shall pass any Bill of Attainder impairing the obligation of contracts.

There are no takesy-backsies or do-overs in plea agreements.

The defendant deserves an entirely new hearing then, but yet the State is not allowing that.

Back to the bill.
An amendment was offered by the patron stating that no court order or plea agreement shall state that a person is not required to register.

This was an acceptable amendment.
But then Delegate Albo suggested a different amendment, to add registration is mandated into the statute itself so when the Commonwealths Attorney is deciding on charges and pleas they immediately see that registration is required and it won’t be offered.

This second amendment is what the Sub-Committee passed.

This is an acceptable amendment.

Mary writes:

Whoops wrong bill, sorry.

SB1208 was Passed by Indefinitely for the year.