Child sexual abuse cases; prior sex offenses against children admissible in evidence. (HB1623)

Introduced By

Del. Joseph Yost (R-Blacksburg)

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 »

Status

01/23/2013: Merged into HB1766

History

DateAction
01/07/2013Committee
01/07/2013Prefiled and ordered printed; offered 01/09/13 13101791D
01/07/2013Referred to Committee for Courts of Justice
01/15/2013Assigned Courts sub: #1 Criminal
01/16/2013Subcommittee recommends incorporating (HB1766-Bell, Robert B.)
01/23/2013Incorporated by Courts of Justice (HB1766-Bell, Robert B.)

Comments

stephen writes:

Why limit this to just sex offenders, why not all crimes, this way we can fire our judges and save a few tax dollars.

Susie S. writes:

Sounds like a witch hunt and not being applied equally.

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 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.