Sexual abuse of child; increases penalty for any adult who commits abuse with child under 15. (HB1518)

Introduced By

Sen. Lynwood Lewis (D-Accomac)

Progress

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

Description

Crimes; sexual abuse of child under 15. Increases the penalty for any adult who commits an act of sexual abuse with a child under 15 from a Class 1 misdemeanor to a Class 5 felony. Amends § 18.2-67.4:2, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2013Committee
01/03/2013Prefiled and ordered printed; offered 01/09/13 13100697D
01/03/2013Referred to Committee for Courts of Justice
01/04/2013Impact statement from VCSC (HB1518)
01/14/2013Impact statement from DPB (HB1518)
02/05/2013Left in Courts of Justice

Comments

Mary Devoy writes:

As currently written HB1518- Lewis Sexual Abuse of Child; Increase Penalty from Class 1 misdemeanor to Class 5 felony would be retroactively applied.

Unless the date of July 1, 2013 is added to this bill
• Anyone who was previously convicted of this crime is currently classified as a Non-Violent registered offender they will now be retroactively re-classified to Violent with no due process
• They will be automatically mandated to a lifetime on the Virginia Sex Offender Registry with no opportunity to petition to be removed, whereas today they can after 15 years
• They will go from a mandated once a year re-registration to every 90 days
• They could receive more than 2 residential visits per year
All of this for a lifetime! That could be 20, 30, 40, 50 or even 60 years from now. And they won’t even know this has happened until after the law has taken effect and they get a letter telling them to come in and register immediately or face a Class 6 Felony, surprise!

Employers, neighbors, parishioners, etc of these folks will see an increase in classification and wrongly assume that they must have re-offended or failed to abide by some restriction when in fact they have not.

Ex post fact , Delegate Lewis.

The Commonwealth is wasting so many resources plus millions of dollars mandating lifetime registration for more than 83% of those on the Virginia Registry. Due to Virginia's inferior 2-Tier, Conviction Based (instead of 3-Tiered, Risk Based) Classification System. That's the Worst-of-the-Worst when that category should be 12-22% of the Total Registry based on other States with 3-Tiered, Risk Based Classification Systems.

HB1518 needs to be amended to begin this July, not since the beginning of the registry!