Child sexual abuse cases; admission of prior sex offenses into evidence, definition of sexual abuse. (HB1766)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patron Del. Dave Albo (R-Springfield)

Progress

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

Description

Prior sex offenses admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of sexual abuse, evidence of the defendant's conviction of another offense or offenses of sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant. Read the Bill »

Status

02/15/2013: Failed to Pass in Committee

History

DateAction
01/08/2013Committee
01/08/2013Prefiled and ordered printed; offered 01/09/13 13102931D
01/08/2013Referred to Committee for Courts of Justice
01/15/2013Assigned Courts sub: #1 Criminal
01/16/2013Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
01/30/2013Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
02/01/2013Reported from Courts of Justice with substitute (12-Y 0-N) (see vote tally)
02/01/2013Committee substitute printed 13104150D-H1
02/01/2013Incorporates HB1623
02/02/2013Read first time
02/04/2013Read second time
02/04/2013Committee substitute agreed to 13104150D-H1
02/04/2013Engrossed by House - committee substitute HB1766H1
02/05/2013Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/05/2013VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/06/2013Constitutional reading dispensed
02/06/2013Referred to Committee for Courts of Justice
02/08/2013Constitutional reading dispensed
02/08/2013Referred to Committee for Courts of Justice
02/12/2013Impact statement from DPB (HB1766H1)
02/15/2013Passed by indefinitely in Courts of Justice with letter (15-Y 0-N) (see vote tally)

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 45 seconds.

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in criminal sexual assault proceedings. The bill, which would allow a defendant's prior convictions to be admitted into evidence if "relevant," would overturn longstanding common law requiring a judge to make certain findings regarding the probative value and possible prejudicial effect of the evidence before admitting it. Proponents testified that the bill simply imports into Virginia law a federal rule of evidence in place since 1994. This is not, in fact, the case, and we remain hopeful the legislature will understand the substantial and important change this bill would make and the threat to due process that it represents.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in criminal sexual assault proceedings. The bill, which would allow a defendant's prior convictions to be admitted into evidence if "relevant," would overturn longstanding common law requiring a judge to make certain findings regarding the probative value and possible prejudicial effect of the evidence before admitting it. Proponents testified that the bill simply imports into Virginia law a federal rule of evidence in place since 1994. This is not, in fact, the case, and we remain hopeful the legislature will understand the substantial and important change this bill would make and the threat to due process that it represents.