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