Sex Offender & Crimes Against Minors Registry Act; amends to add solicitation of prostitution. (HB235)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patron Del. David Ramadan (R-South Riding)

Progress

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

Description

Sex Offender and Crimes Against Minors Registry Act; solicitation of prostitution; minors. Amends the Sex Offender and Crimes Against Minors Registry Act to add solicitation of prostitution from a minor. Amends § 9.1-902, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/28/2013Committee
12/28/2013Prefiled and ordered printed; offered 01/08/14 14101285D
12/28/2013Referred to Committee for Courts of Justice
01/07/2014Impact statement from VCSC (HB235)
01/20/2014Impact statement from DPB (HB235)
01/23/2014Impact statement from DPB (HB235)
01/30/2014Assigned Courts sub: Criminal Law
01/31/2014Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
01/31/2014Subcommittee recommends referring to Committee on Appropriations
02/03/2014Committee substitute printed 14104587D-H1
02/03/2014Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/03/2014Referred to Committee on Appropriations
02/04/2014Impact statement from VCSC (HB235H1)
02/05/2014Reported from Appropriations (21-Y 0-N) (see vote tally)
02/07/2014Read first time
02/10/2014Read second time
02/10/2014Committee substitute agreed to 14104587D-H1
02/10/2014Engrossed by House - committee substitute HB235H1
02/11/2014Read third time and passed House (94-Y 5-N)
02/11/2014VOTE: PASSAGE (94-Y 5-N) (see vote tally)
02/11/2014Impact statement from DPB (HB235H1)
02/12/2014Constitutional reading dispensed
02/12/2014Referred to Committee for Courts of Justice
02/17/2014Reported from Courts of Justice with amendment (15-Y 0-N) (see vote tally)
02/17/2014Rereferred to Finance
02/25/2014Reported from Finance (17-Y 0-N) (see vote tally)
02/26/2014Constitutional reading dispensed (38-Y 0-N)
02/27/2014Read third time
02/27/2014Reading of amendment waived
02/27/2014Committee amendment agreed to
02/27/2014Engrossed by Senate as amended
02/27/2014Passed Senate with amendment (40-Y 0-N)
02/28/2014Placed on Calendar
03/03/2014Senate amendment agreed to by House (93-Y0-N)
03/03/2014VOTE: ADOPTION (93-Y 0-N) (see vote tally)
03/06/2014Enrolled
03/06/2014Bill text as passed House and Senate (HB235ER)
03/06/2014Signed by Speaker
03/08/2014Impact statement from DPB (HB235ER)
03/09/2014Signed by President
03/10/2014Signed by President
03/31/2014Impact statement from VCSC (HB235ER)
04/06/2014G Approved by Governor-Chapter 649 (effective 7/1/14)
04/06/2014G Acts of Assembly Chapter text (CHAP0649)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 3 minutes.

Comments

Mary Devoy writes:

HB235 does NOT have a start date of July 1, 2014; this means as currently written this proposed mandate to register as a Violent Sex Offender for life would be retroactive not just beginning for those convicted on or after July 1, 2014. So anyone convicted in 2005, 2000, 1997 or maybe even earlier would be denied due process if this bill remains as-is and becomes law.

These “New” Registered Sex Offenders (RSO’s) would now be required to abide by the ever changing and expanding restrictions and regulations imposed upon Virginia’s RSO’s and any slip up no matter how minor or unintended carries a Felony charge. A new felony charge is NOT just an administrative change, it is 100% punitive.

How many of these “New” RSO’s who have not committed a new crime in years or even decades would now receive a certified letter to register every 90 days, would now need a VSP Compliance Officer to visit their residence twice a year and confirm their employment every time it changes, to take their photo every two years plus all the address, phone number, vehicle and email additions and subtractions over then next 20, 30, 40 or 50 years will there be? A fiscal impact statement with an actual count of how many Virginians with an old conviction and who have re-entered society successfully years ago, is necessary to know how much more money and more resources will now be wasted on these people who paid their court order debt to society years ago and were NOT required to register or a lifetime of monitoring.

How many Virginians if this bill passes would not be permitted to drop off or pick up their own children or grandchildren from daycare or school? How many would now loose a job or a career they’ve held for years because their current employer won’t want to be listed on the Virginia Sex Offender Registry. Without a job these Virginians will not be able to provide for themselves or their family.

How many Virginians that would now be RSO’s will be evicted from their rental property or not be allowed to renew their lease because no landlord wants to deal with the tenants complaining about an RSO living next door. Without a home for themselves or their families many spouses and significant others of these new RSO’s will crack under the stress and leave. The support system and family dynamic for most of these Virginians will disappear as soon as this bill becomes law.

Citizens of the Commonwealth who have not committed a new crime in years, who have the second lowest recidivism rate of all crimes, who are living their lives, supporting and raising their families will be arbitrarily penalized by this bill. The collateral consequences trickle down to their spouses, their parents, their significant others, their roommates, their children, their employers and their landlords.

I do not oppose a change to Virginia code adding those who solicit minor prostitutes from being required to register as an RSO. What I do oppose is the attempt to add this punitive measure retroactively.

By not having a start date of July 1, 2014 this proposal is a violation of ex post facto.

There are no “do-overs” for an old conviction.

In the case of a plea agreement, the State could find itself in a Breach of Contract

The state can not go back in time and increase or add onto a sentence (Double Jeopardy) the state can not rewrite history, but that is exactly what is being attempted with this bill.

July 1, 2014 must be added to HB235, otherwise the Commonwealth could face a court challenge opposing the retroactive application of such a mandate and that could then result in a snowball effect for all the other retroactive applications that occurred before 2009.