Sexually violent predators; Director of DOC shall develop protocol for assessing prisoner, etc. (HB1271)

Introduced By

Del. Chris Jones (R-Suffolk)

Progress

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

Description

Punishment and civil commitment of sexually violent predators; penalty.  Imposes a mandatory minimum life sentence for the sexually violent offenses of rape, forcible sodomy, and object sexual penetration of a child under the age of 13. The bill also eliminates the use of the Static-99 assessment instrument for evaluating whether a prisoner convicted of a sexually violent offense or an unrestorably incompetent defendant charged with a sexually violent offense should be civilly committed. Instead, the Director of the Department of Corrections, in coordination with the Attorney General and the Department of Behavioral Health and Developmental Services, shall develop an assessment protocol to determine whether the prisoner or defendant meets the definition of a sexually violent predator. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General. Amends § 18.2-61, § 18.2-67.1, § 18.2-67.2, § 18.2-67.5:3, § 19.2-169.3, § 19.2-303, § 37.2-903, § 37.2-904, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/20/2012Committee
01/20/2012Presented and ordered printed 12104109D
01/20/2012Referred to Committee for Courts of Justice
01/23/2012Impact statement from VCSC (HB1271)
01/24/2012Assigned Courts sub: #1 Criminal
02/08/2012Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/10/2012Reported from Courts of Justice with substitute (16-Y 0-N) (see vote tally)
02/10/2012Committee substitute printed 12105221D-H1
02/12/2012Read first time
02/13/2012Impact statement from VCSC (HB1271H1)
02/13/2012Read second time
02/13/2012Committee substitute agreed to 12105221D-H1
02/13/2012Engrossed by House - committee substitute HB1271H1
02/14/2012Read third time and passed House (100-Y 0-N)
02/14/2012VOTE: PASSAGE (100-Y 0-N) (see vote tally)
02/15/2012Constitutional reading dispensed
02/15/2012Referred to Committee for Courts of Justice
02/27/2012Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally)
02/27/2012Committee substitute printed 12105686D-S1
02/27/2012Impact statement from DPB (HB1271H1)
02/28/2012Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/29/2012Read third time
02/29/2012Reading of substitute waived
02/29/2012Committee substitute agreed to 12105686D-S1
02/29/2012Engrossed by Senate - committee substitute HB1271S1
02/29/2012Passed Senate with substitute (36-Y 4-N) (see vote tally)
03/01/2012Placed on Calendar
03/02/2012Senate substitute agreed to by House 12105686D-S1 (95-Y 0-N)
03/02/2012VOTE: ADOPTION (95-Y 0-N) (see vote tally)
03/08/2012Enrolled
03/08/2012Bill text as passed House and Senate (HB1271ER)
03/08/2012Signed by Speaker
03/09/2012Impact statement from DPB (HB1271ER)
03/09/2012Signed by President
04/09/2012Governor's recommendation received by House
04/17/2012Placed on Calendar
04/18/2012House concurred in Governor's recommendation (91-Y 0-N)
04/18/2012VOTE: ADOPTION (91-Y 0-N) (see vote tally)
04/18/2012Senate concurred in Governor's recommendation (36-Y 0-N) (see vote tally)
04/18/2012G Governor's recommendation adopted
04/18/2012Reenrolled
04/18/2012Reenrolled bill text (HB1271ER2)
04/18/2012Signed by Speaker as reenrolled
04/18/2012Signed by President as reenrolled
04/18/2012G Approved by Governor-Chapter 800 (effective 1/1/13)
04/18/2012G Acts of Assembly Chapter text (CHAP0800)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 4 minutes.

Comments

stephen writes:

What about the drunk drivers and drug dealers, seems Republicans never seem to write laws to protect kids from these Butchers. I truthfully think republicans are afraid of them, one might even call them cowards.

Rickey Moore writes:

I don't trust this as what a sexually "violent predator" means in Virginia is a non-violent offender in other states. About 19,000 nonviolent Virginia offenders were judged by legislative fiat to be violent, after the fact, without a re-sentencing hearing or with a Judge in attendence. They over turned the decree of a sitting Judge! That move was purely political. My North Carolina plea bargain, as a non-violent offender, got turned over here in Virginia without a review of the facts of my case, with legal council and I present. Of course, they couldn't DO that, as it would have been illegal as anything to try me twice for the same crime. Yet, they did with regards to my conditions set forth in my plea bargain.

So, I oppose this bill because I don't trust them. Plain and simple. Besides, who is going to pick up this tab for lifetime incarceration? If someone is pathological then they need to be treated and held in a sanitorium for the mentally insane, not a prison.

Jesus treated the "wildman" didn't he? Hello! Anyone read that New Testament story Mark 5: lately? Here's the fun part, after Jesus redeemed the Wildman, the people were afraid. Why? Because their efforts to rescue him failed, and they were ashamed? Or, because they got reminded that they did nothing, and were ashamed? "And they began to beg Jesus to depart from their region." You betcha they did ...just His presence reminded them of their lack of moral courage to have done what was kind and just.