Sex Offender and Crimes Against Minors Registry; supplement to Registry. (SB1074)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville) with support from co-patrons Del. David Ramadan (R-South Riding), and Sen. Jennifer Wexton (D-Leesburg)

Progress

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

Description

Supplement to the Sex Offender and Crimes Against Minors Registry. Requires the Superintendent of State Police to establish a supplement to the Sex Offender and Crimes Against Minors Registry that would include information on persons who were convicted of certain sexual offenses on or after July 1, 1980, and before July 1, 1994, who are not currently on the registry. The supplement will be available to the public on the State Police website. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/13/2015Prefiled and ordered printed; offered 01/14/15 15103000D
01/13/2015Referred to Committee for Courts of Justice
01/19/2015Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
01/19/2015Committee substitute printed 15103944D-S1
01/19/2015Rereferred to Finance
01/20/2015Incorporates SB934
01/21/2015Impact statement from DPB (SB1074S1)
01/27/2015Reported from Finance with amendment (14-Y 0-N) (see vote tally)
01/28/2015Constitutional reading dispensed (38-Y 0-N) (see vote tally)
01/29/2015Read second time
01/29/2015Reading of substitute waived
01/29/2015Committee substitute agreed to 15103944D-S1
01/29/2015Reading of amendment waived
01/29/2015Committee amendment agreed to
01/29/2015Engrossed by Senate - committee substitute with amendment SB1074ES1
01/29/2015Printed as engrossed 15103944D-ES1
01/30/2015Read third time and passed Senate (38-Y 0-N) (see vote tally)
01/30/2015Impact statement from DPB (SB1074ES1)
02/06/2015Placed on Calendar
02/06/2015Read first time
02/06/2015Referred to Committee on Appropriations
02/09/2015Assigned App. sub: Public Safety
02/11/2015Reported from Appropriations with substitute (22-Y 0-N) (see vote tally)
02/11/2015Committee substitute printed 15105018D-H1
02/12/2015Impact statement from DPB (SB1074H1)
02/12/2015Read second time
02/13/2015Read third time
02/13/2015Committee substitute agreed to 15105018D-H1
02/13/2015Engrossed by House - committee substitute SB1074H1
02/13/2015Passed House with substitute (92-Y 3-N)
02/13/2015VOTE: PASSAGE (92-Y 3-N) (see vote tally)
02/17/2015House substitute agreed to by Senate (38-Y 0-N) (see vote tally)
02/17/2015Title replaced 15105018D-H1
02/20/2015Enrolled
02/20/2015Bill text as passed Senate and House (SB1074ER)
02/20/2015Impact statement from DPB (SB1074ER)
02/20/2015Signed by Speaker
02/23/2015Signed by President
02/24/2015G Governor's Action Deadline Midnight, Monday, March 30, 2015
02/24/2015Enrolled Bill Communicated to Governor on 2/24/15
02/24/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/26/2015G Approved by Governor-Chapter 603 (effective 7/1/15)
03/26/2015G Acts of Assembly Chapter text (CHAP0603)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 3 minutes.

Comments

Mary Devoy writes:

I’ll give it to McDougle at least in his version he nailed down a timeframe instead of going back to 1980, 1970 or 1960, but otherwise a terrible, terrible idea.

Everyone watching and opposing this bill be aware there is two other “versions” with out a timeframe specified.

But all three (so far) bills have the same issues of denying these Virginians due process and violating ex post facto of the Constitution.

The other two are SB934 patroned by Senator Wexton and HB1353 patroned by Delegate Ramadan, these are AKA “Robby’s Rule”, maybe McDougle’s will be too after an amendment or two.

1. Will these affected Virginians residential address be publically posted on the VSP listing down the road?
2. Will these affected Virginians employer/company name and address be publically posted on the VSP listing down the road?
3. Will the VSP data-base allow for a map search to their current residential address down the road?
4. Will the VSP data-base allow for a map search to their current employment address down the road?
5. Will these affected Virginians photograph of them (old or new) be publically posted on the VSP listing down the road?
6. Will these affected Virginians hair and eye color or height and weight be publically posted on the VSP listing down the road?
7. Will their current married name, nicknames or alias be publically posted on the VSP listing down the road?
8. Will they be required to give their email addresses to the VSP down the road?
9. Will the VSP send their information to Facebook as a “Sex Offender” down the road?
10. Will a VSP employee or Trooper show up periodically and unannounced at their residence down the road?
11. Will a VSP employee or Trooper show up periodically and unannounced at their place of employment down the road?
12. Will a VSP employee or Trooper show up periodically and unannounced at their place of education (enrolled in college or a university) down the road?
13. Will they every face a felony or a misdemeanor charge for not updating the VSP of any change in their information down the road?
14. Will they every face a felony or a misdemeanor charge for loitering or residing near a school or daycare facility down the road?
15. Will they every face a felony or a misdemeanor charge for attending their child, grandchild/ great grandchild, step-child, step grandchild/great grandchild or niece or nephews school sponsored activity/event down the road?
16. Will their standard Virginia Drivers license renewal get shortened to 5 years instead of the regular 8 years down the road?
17. If they currently have a Virginia CDL will they be required to get a “special” Sex Offender CDL down the road?
18. If they move out of the state of Virginia will they be required to notify the VSP 10 days prior to the move down the road?

The Virginians on the “regular” VSP Sex Offender Registry must abide by all of the restrictions and regulations, how long before the patron asks those on the “Supplemental Registry” to comply too?

I predict, not long at all! This is just the first step in many more steps to mandate pre-1994 sex convictions to register with the authorities.

Safer Virginia writes:

No evidence exists that creating the list will reduce, much less prevent, sexual abuse. The bill is punitive in nature, adversely affecting employment opportunities for citizens likely already marginalized in society. State government should not be burdened with managing a list of offenders unless there is clear and convincing evidence of its positive effect on public safety. The bill likely violates Virginia's Bill of Rights, Section 9. Prohibition of excessive bail and fines, cruel and unusual punishment, suspension of habeas corpus, bills of attainder, and ex post facto laws.

In light of the potential fear community notification may cause, public awareness policies should be accompanied by prevention campaigns with empirically driven information about the causes of offending and trends in victimization…registration and notification have little hope of making children and adults safer from sexual victimization and murder.
Wright, Richard Gordon. "The Failure of Sex Offender Policies." Introduction. Sex Offender Laws: Failed Policies, New Directions. New York: Springer Pub., 2009. 237. Print.

Virginia is one of only six states that creates a negative employment incentive by publicly listing a registrant’s employer's name and full business address. Twenty-nine states promote a business-friendly environment by omitting the inclusion of employment information on their sex offender registries.

Most studies show that community notification appears to limit employment opportunities for up to half of RSOs (registered sex offenders).
Levenson, Jill, and Richard Tewksbury. "Collateral Damage: Family Members of Registered Sex Offenders." American Journal of Criminal Justice 34.1-2 (2009): 54-68. Print.

stephen writes:

It's not sex offenders Shooting up Neighborhoods and stuffing Dope in kids, But yet I see no bill written to protect kids from them.
Who Murders the most kids in Virginia, why that would be the drunk Drivers, and once again I see no bills written. So there is no way I will ever think that McDougle is concerned with Public safety.

Mary Devoy writes:

Virginian Pilot Editorial Board, January 31, 2015
http://hamptonroads.com/2015/01/bowing-gun-lobby?sp-tk=A6738309E7C5658C92D2E62975F6C870EBA376685CC49DA7F7FAE228AC6AA3A2C0E8307A2C808BD17DCB6101BC83A44B36248EFD327FDF1DD237A5F491887DF68ED284C5D8488D00DE885A103B89DF54480616D29F09CE1126505B560A614604317D10F3CFAC21EB3183CF509598A29AEAE326FB015108D673DF47E7DEE21D323151B9438EBD9C01B850F6E427A309E0F228F0F45A419852F82E715CF2C3329CEB3D7D38

Mary Devoy writes:

SB1074 was never sent to House Courts of Justice Committee!!!!!!!!!!!!!

How could SB1074 http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB1074 by-pass the House Courts of Justice Criminal Sub Committee all together?

It went to House Appropriations even though it has almost no cost and then went directly to the House floor for a vote.

It should have gone to House Courts of Justice first and then if needed House Appropriations.

In Courts of Justice the public could speak ‘for’ or ‘against’ it. Public comment is ONLY allowed twice for a bill. The first chambers Sub or Full Committee and if it passes the first chamber then the second chambers Sub or Full Committee.

How is this open government???????????????

Mary Devoy writes:

Richmond Times Dispatch Editorial- Sex offender registry: Bad idea, February 20, 2015
Robby’s Rule SB1074 and HB1353 “a bad idea”
http://www.richmond.com/opinion/our-opinion/article_0b22cbb9-90cc-5bd3-9f86-6e68bebe1508.html