Prostitution, pandering, etc.; violation of certain provisions is punishable. (HB2040)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from co-patron Del. David Yancey (R-Newport News)

Progress

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

Description

Prostitution; procuring; receiving money; pandering; recruitment; conspiracy; Sex Offender and Crimes Against Minors Registry; penalty. Increases from a Class 4 felony to a Class 3 felony the penalty for (i) receiving money from the earnings of a prostitute who is a minor; (ii) procuring a minor for prostitution or for engaging in forced labor or services, concubinage, prostitution, or the manufacture of any obscene material or child pornography; or (iii) pandering involving a minor. The bill also criminalizes recruiting a person to engage in prostitution, which is punishable as a Class 6 felony or, if the person recruited is a minor, as a Class 5 felony. If force or a threat of force is used to recruit a person to engage in prostitution, the penalties increase to a Class 4 felony or, if the person recruited is a minor, to a Class 3 felony. The bill also adds transporting a person for purposes of prostitution or unlawful sexual intercourse or for a compelled marriage to the crime of pandering and provides that a person may be guilty of pandering regardless of where a person is taken or transported, instead of only a bawdy place as provided for under current law. The bill adds to the Sex Offender and Crimes Against Minors Registry all of the crimes described above that involve a minor except for pandering involving a minor, which is already a registrable offense. Finally, the bill adds penalties for conspiracy specific to certain prostitution-related crimes punishable as felonies, the penalties for which vary with the severity of the underlying crime. The bill also adds the new felonies for recruitment and conspiracy as predicate criminal acts under the criminal street gang statute and as racketeering crimes and adds the investigation of the new felonies for recruitment and conspiracy and the existing crimes for pandering, and receiving money from the earnings of a prostitute to the functions of a multijurisdiction grand jury. The bill also allows seizure and forfeiture of property used in committing the new felonies. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/14/2015Committee
01/14/2015Prefiled and ordered printed; offered 01/14/15 15103599D
01/14/2015Referred to Committee for Courts of Justice
01/16/2015Impact statement from VCSC (HB2040)
01/30/2015Assigned Courts sub: Criminal Law
02/02/2015Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
02/02/2015Subcommittee recommends referring to Committee on Appropriations
02/04/2015Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
02/04/2015Committee substitute printed 15104619D-H1
02/04/2015Referred to Committee on Appropriations
02/06/2015Assigned App. sub: Public Safety
02/06/2015Impact statement from VCSC (HB2040H1)
02/06/2015Subcommittee recommends reporting (6-Y 0-N)
02/06/2015Reported from Appropriations (20-Y 0-N) (see vote tally)
02/07/2015Read first time
02/09/2015Read second time
02/09/2015Committee substitute agreed to 15104619D-H1
02/09/2015Engrossed by House - committee substitute HB2040H1
02/10/2015Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/10/2015VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/11/2015Impact statement from DPB (HB2040H1)
02/11/2015Constitutional reading dispensed
02/11/2015Referred to Committee for Courts of Justice
02/16/2015Reported from Courts of Justice (13-Y 0-N) (see vote tally)
02/16/2015Rereferred to Finance
02/18/2015Reported from Finance with amendment (12-Y 0-N) (see vote tally)
02/19/2015Passed by for the day (0-Y 0-N) (see vote tally)
02/19/2015Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/20/2015Read third time
02/20/2015Reading of amendment waived
02/20/2015Committee amendment agreed to
02/20/2015Engrossed by Senate as amended
02/20/2015Passed Senate with amendment (38-Y 0-N) (see vote tally)
02/23/2015Placed on Calendar
02/24/2015Senate amendment rejected by House (0-Y 99-N)
02/24/2015VOTE: REJECTED (0-Y 99-N) (see vote tally)
02/25/2015Senate insisted on amendment (39-Y 0-N) (see vote tally)
02/25/2015Senate requested conference committee
02/26/2015House acceded to request
02/26/2015Conferees appointed by House
02/26/2015Delegates: Bell, Robert B., Anderson, Carr
02/26/2015Conferees appointed by Senate
02/26/2015Senators: Obenshain, McDougle, Howell
02/26/2015C Amended by conference committee
02/26/2015Conference report agreed to by House (97-Y 0-N)
02/26/2015VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/27/2015Conference report agreed to by Senate (37-Y 0-N) (see vote tally)
03/06/2015Enrolled
03/06/2015Bill text as passed House and Senate (HB2040ER)
03/06/2015Impact statement from DPB (HB2040ER)
03/06/2015Signed by Speaker
03/07/2015Signed by President
03/10/2015Enrolled Bill communicated to Governor on 3/10/15
03/10/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/11/2015Impact statement from VCSC (HB2040ER)
03/23/2015G Approved by Governor-Chapter 395 (effective 7/1/15)
03/23/2015G Acts of Assembly Chapter text (CHAP0395)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 3 minutes.

Comments

Safer Virginia writes:

Based on the impact statement, only 12 citizens were convicted of receiving money for procuring a person for prostitution in the past four years. There were no convictions relating to forced labor, concubinage, or manufacture of obscene material or child pornography. The legislation continues the excessive criminalization in the Commonwealth. It requires more citizens to be added to an unwieldy public sex offender registry which categorizes over 80% of those citizens as violent. The categorization is offense based and, as a result, provides virtually no information to the public to assess potential risk to families and communities.

The drafting and enforcement of our criminal sexual conduct laws, particularly those targeting crimes against children, are driven by a powerful collective feeling of visceral revulsion. Our shared emotional response to these crimes has created self-defeating policies, unconstitutional laws, and cruel punishments. We aren’t reasoning toward justice and prevention. We’re raging toward vengeance—and are abandoning basic constitutional values in the process. We suffer from a problem as ancient as it is apparently incurable— how to prioritize enlightenment over prejudice and devise a system capable of fairly judging a small and intensely hated minority.
Goetting, Nathan. "Moral Panic over Sex Offenses Results in Cruel and Self-defeating Overpunishment - Collateral Consequences Resource Center." Collateral Consequences Resource Center. National Lawyers Guild Review, 16 Jan. 2015. Web. 18 Jan. 2015.