Child sexual abuse cases; prior sex offenses against children admissible in evidence. (SB1114)
Introduced By
Sen. Mark Herring (D-Leesburg)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Prior sex offenses against children admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of child sexual abuse, evidence of the defendant's conviction of another offense or offenses of child sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant. Read the Bill »
Outcome
Bill Has Failed
History
Date | Action |
---|---|
01/09/2013 | Prefiled and ordered printed; offered 01/09/13 |
01/09/2013 | Prefiled and ordered printed; offered 01/09/13 13101962D |
01/09/2013 | Referred to Committee for Courts of Justice |
01/30/2013 | Reported from Courts of Justice (12-Y 2-N) (see vote tally) |
02/01/2013 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/04/2013 | Read second time and engrossed |
02/04/2013 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/04/2013 | Passed Senate (40-Y 0-N) (see vote tally) |
02/06/2013 | Placed on Calendar |
02/06/2013 | Read first time |
02/06/2013 | Referred to Committee for Courts of Justice |
02/08/2013 | Assigned Courts sub: #1 Criminal |
02/12/2013 | Impact statement from DPB (SB1114) |
02/13/2013 | Subcommittee recommends laying on the table |
02/18/2013 | Left in Courts of Justice |
Comments
The ACLU of Virginia strongly opposes this bill that would make a very major change to evidentiary standards applicable in child sexual abuse 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 child sexual abuse 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.