Sexual abuse of certain children; penalty. (HB1317)

Introduced By

Del. Ben Cline (R-Amherst) with support from co-patron Del. Tim Hugo (R-Centreville)

Progress

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

Description

Sexual abuse of certain children; penalty. Raises the penalty for sexual abuse (a defined term) of a child 13 or 14 years old from a Class 1 misdemeanor to a Class 6 felony. Read the Bill »

Status

02/22/2016: passed committee

History

DateAction
01/21/2016Prefiled and ordered printed; offered 01/13/16 16104288D
01/21/2016Presented and ordered printed 16104288D
01/21/2016Referred to Committee for Courts of Justice
01/25/2016Impact statement from VCSC (HB1317)
02/05/2016Assigned App. sub: Criminal Law
02/05/2016Assigned Courts sub: Criminal Law
02/08/2016Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/10/2016Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/12/2016Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/12/2016Committee substitute printed 16105286D-H1
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105286D-H1
02/15/2016Engrossed by House - committee substitute HB1317H1
02/15/2016Impact statement from VCSC (HB1317H1)
02/15/2016Impact statement from DPB (HB1317H1)
02/16/2016Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/16/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
02/22/2016Committee substitute printed 16105717D-S1
02/22/2016Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
02/22/2016Rereferred to Finance
02/23/2016Impact statement from VCSC (HB1317S1)
02/24/2016Impact statement from DPB (HB1317S1)
03/02/2016Continued to 2017 in Finance (15-Y 0-N) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 30 seconds.

Transcript

This is a transcript of the video clips in which this bill is discussed.

SECTION OF THE CODE OF VIRGINIA RELATING TO SEXUAL ABUSE OF CERTAIN CHILDREN, PENALTY. WITH A SUBSTITUTE.

Del. Barry Knight (R-Virginia Beach): MR. CLINE.

[Unknown]: THANK YOU, MR. SPEAKER, I MOVE THE COMMITTEE SUBSTITUTE. THOSE IN FAVOR SAY AYE. OPPOSED, NO. THANK YOU, MR. SPEAKER, LADIES AND GENTLEMEN OF THE

Duplicate Bills

The following bills are identical to this one: SB86.

Comments

Mary Devoy writes:

I do not oppose the increase in penalty BUT there is a VERY serious problem with SB86 that needs attention.

2016’s SB86 does NOT include an “effective” or “start” of July 1, 2016.

What does this mean?

Anyone convicted of this crime since it’s inception in 2007 through until June 30 2016 (as a misdemeanor) who was originally classified as Non-Violent Registered Sex Offender will be elevated to a Violent Registered Sex Offender (when it’s changed to a felony), without ANY due process because of § 9.1-901.

I raised this issue back in 2014 (http://goo.gl/KC6pTl ) with the identical bill SB442 and it was ignored by the patron, but the bill failed.

I again raised it in 2015 (http://goo.gl/sTZAqp) with the identical bill SB1138, at first the patron and the Committee members tried to say my concern was unwarranted but then when I provided facts and real examples they reluctantly added a start date, the bill failed.

And more recently I raised it this autumn with the Virginia Legislators and the Administration after a sit down meeting with VSP Leadership (http://goo.gl/L5cmTN ) confirmed to me that yes, indeed if the Legislature does NOT add a start date to Legislation directed towards Registered Sex Offenders the VSP will apply it retroactively.

And yet the exact same verbiage from 2014 and 2015 has been filed for 2016, ignoring this issue all over again!

How many Non-Violent Offenders would this retroactive mandate capture if passed into law as-is?

100, 200 or 800? We don’t know which means the 2016 fiscal impact statement (yet to be done) that will only capture the cost of prison beds, will miss a huge increase in costs to the State that are not an issue today.

These newly categorized Violent Sex Offenders would now become “Lifers” on the Virginia VSP Registry, requiring Virginia State Police (VSP) monitoring and management until the day they die, it would also increase the Offenders re-registrations from once a year to 4 times a year letters, postage and data updates that are NOT being captured.

If a start date is not added to SB86 Virginians will be denied due process by having their current classifications retroactively increased because the State is taking misdemeanor convictions from years ago and treating them as a felony in 2016, this is a violation of ex post facto. Finally by making these Non-Violent RSO’s into Violent they are being sentencing to a lifetime of monitoring and managing by the VSP ……a hefty $$$$$$$$ cost that is not being discussed or approved at any point by the Legislature but will happen.

The Virginia VSP Sex Offender Registry already lists approximately 83% of the Offenders as Violent leaving just 17% as Non-Violent, this bill as submitted will move Virginia closer to a one tiered system where everyone listed is considered the same and no ever has the ability to petition for removal. Making it worthless to the public who is attempting to decipher who poses a true threat and who has just been swept up in mass legislative mandates…… like this one.

Come on Virginia, it’s time to stop watering-down the VSP Registry and to look at making it better (smarter) not just bigger.

Dr Bob Long writes:

The proposed HB1317 retroactive has do nothing to protect citizens, are senseless and are a clear waste of my tax dollars. Soon, there will be millions on the registry, maybe even your children, grandchildren, or relatives among the extraordinary 1 % few who might be truly dangerous hidden among the many. Thanks to Virginia Legislator’s plethora of senseless legislation.

I am absolutely appalled and ashamed just how little Virginia Legislators understand, or even feints to make an effort to obtain accurate studies/data when considering the plethora of destructive legislation.

Virginia SO legislation promotes harassment and threats and absolutely nothing is done about it from any law enforcement agency or Virginia court. What about the children of people required registering as Virginia Sex Offenders and the impact Virginia legislation has on their innocent children? What about the condoned legalized hatred directed at the innocent children of Sex Offenders from neighbors, school mates and the condoned mental abuse they receive from adults?

What about the harassment, impact and death threats promoted by Virginia's legislation towards Sex Offender spouses and their innocent young children? These numbers are in the tens of thousands!

Mary D. Devoy writes:

With the new amendment this bill is no longer elevating § 18.2-67.4:2 Sexual Abuse of a 13 or 14 year old,a Misdemeanor to a Felony.

Now it addresses § 18.2-67.3 Aggravated Sexual Battery of a 13 or 14 year old by removing the need to prove force, threat or intimidation, this is already a Class 6 Felony.

Mary D. Devoy writes:

On February 1oth in House Courts Full Committee HB1317 was bounced back to Criminal-Sub.

February 10th late afternoon/early evening Criminal-Sub was the last before Cross-Over. So HB1317 would be re-heard without being on that day’s docket.

The re-amend version from 02/10 is still focused on aggravated sexual battery, but now instead of amending existing law it adds a new violation if an adult sexually abuses a 13-14-year old against his or her will by ruse.