Sex Offender and Crimes Against Minors Registry Act; crimes against nature, penalty. (HB177)

Introduced By

Del. Dave Albo (R-Springfield) with support from co-patrons Del. Buddy Fowler (R-Ashland), and Del. Chris Peace (R-Mechanicsville)

Progress

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

Description

Sex Offender and Crimes Against Minors Registry Act; crimes against nature; penalty. Requires any person convicted of having carnal knowledge of a brute animal to register on the Sex Offender and Crimes Against Minors Registry. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/23/2015Committee
12/23/2015Prefiled and ordered printed; offered 01/13/16 16101824D
12/23/2015Referred to Committee for Courts of Justice
01/09/2016Impact statement from VCSC (HB177)
02/03/2016Impact statement from DPB (HB177)
02/05/2016Assigned App. sub: Criminal Law
02/05/2016Assigned Courts sub: Criminal Law
02/08/2016Subcommittee recommends reporting with amendment(s) (10-Y 1-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 16105378D-H1
02/12/2016Incorporates HB604
02/12/2016Incorporates HB672
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105378D-H1
02/15/2016Engrossed by House - committee substitute HB177H1
02/15/2016Impact statement from VCSC (HB177H1)
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)
02/16/2016Impact statement from DPB (HB177H1)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
02/29/2016Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
02/29/2016Committee substitute printed 16105926D-S1
02/29/2016Rereferred to Finance
02/29/2016Impact statement from VCSC (HB177S1)
03/02/2016Reported from Finance (15-Y 0-N) (see vote tally)
03/03/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/03/2016Read third time
03/03/2016Reading of substitute waived
03/03/2016Committee substitute agreed to 16105926D-S1
03/03/2016Engrossed by Senate - committee substitute HB177S1
03/03/2016Passed Senate with substitute (38-Y 2-N) (see vote tally)
03/04/2016Placed on Calendar
03/07/2016Senate substitute agreed to by House 16105926D-S1 (95-Y 0-N)
03/07/2016VOTE: ADOPTION (95-Y 0-N) (see vote tally)
03/08/2016Enrolled
03/08/2016Bill text as passed House and Senate (HB177ER)
03/08/2016Impact statement from DPB (HB177ER)
03/08/2016Impact statement from VCSC (HB177ER)
03/08/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/30/2016G Approved by Governor-Chapter 586 (effective 7/1/16)
03/30/2016G Acts of Assembly Chapter text (CHAP0586)

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 4 minutes.

Transcript

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

SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM FAIRFAX, M ALBO.

[Unknown]: MR. SPEAKER, MEMBERS OF THE HOUSE, MOVE THE COMMITTEE SUBSTITUTE. MR. SPEAKER, MEMBERS OF THE HOUSE, WE DECIDED TO COMBINE ALL OF THE BILLS INTO THE SEX OFFENDERS ACT INTO ONE BILL SO EMERGED THE BILL INTO MY BILL AND FOUND OUT MY IDEA WASN'T WE SCRATCHED THAT. VERY GOOD. NOW, I GET TO TAKE CREDIT FOR BELL AND PETERSON'S IDEAS. THIS BILL SAYS THAT WE'RE ADDING MALICIOUS WOUNDING AND STABBING WITH THE INTENT TO MAIM A CHILD AND RELATED TO HUMAN TRAFFICKING
THESE LOCATIONS TO ANOTHER WITH WITH THAT, I WOULD HOPE THAT THE RELATIVE EASE. BILL WOULD PASS. President: THE QUESTION IS, SHALL HOUSE BILL 47 PASS? ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTE AYE; THOSE OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE?

Del. Bill Howell (R-Fredericksburg): PRESIDENT: THE CLERK WILL CLOSE THE ROLL.

[Unknown]: Clerk: AYES 38, KNOWS -- KNOWS ONE. President: THE BILL PASSES. MOVING TO HOUSE BILL 177. THE SENATOR FROM ROCKINGHAM. I MOVE THAT THE BILL PASS. SPEAKING TO THE BILL, THIS BILL IS A CHANGE TO THE SEX OFFENDER AND CRIMES AGAINST MINORS REGISTRY. THERE ARE TWO ADDITIONS THAT HAVE BEEN MADE TO CRIMES REQUIRED TO BE LISTED. ONE IS THE HUMAN OF TRAFFIC GO RELATED OFFENSES AND AGGRAVATED MALL ISSUE US WOUNDING. THERE HAS BEEN SOME QUESTION AS TO WHAT THE REGISTRY IS. THE REGISTRY IS NOT JUST A SEX OFFENDER REGISTRY, BUT IT IS A -- IT IS THE SEX OFFENDER AND CRIMES AGAINST MINORS REGISTRY. IN THE ORIGINAL VERSION OF THIS BILL AS IT CAME TO THE SENATE COURTS COMMITTEE, IT HAD MALICIOUS WOUNDING IN IT, WHICH COULD BE ANYTHING FROM A SPLIT LIP TO A BRUISE, WHICH WE CONSIDER TO BE HIGHLY INAPPROPRIATE TO INCLUDE IN THE REGISTRY REQUIREMENTS, HOWEVER, AGGRAVATED MALICIOUS WOUNDING IS AN OFFENSE THAT IS SUFFICIENTLY SERIOUS CRIME AGAINST A MINOR TO JUSTIFY ITS LISTING, AND OF COURSE THE HUMAN TRAFFICKING OFFENSES AGAINST MINORS AS WELL, WAS INCLUDED IN ORDER TO CONFORM WITH SOME OF THE CHANGES IN THE LAW THAT WE'VE MADE OVER THE PAST COUPLE OF YEARS. President: THANK YOU,
BROCHURE WITH ALBO. THIS ADDS CRIMES AGAINST MINORS REGISTRY ACT, AGGRAVATED MALICIOUS WOUNDING AND CERTAIN HUMAN TRAFFICKING CHARGES THAT WE HAVE PASSED LAST YEAR. BUT A SENATE AMENDMENT TAKES OUT MALICIOUS WOUNDING BECAUSE THEY DIDN'T WANT TO PUT SOMEBODY ON CRIMES AGAINST MINOR REGISTRY BECAUSE THEY HIT A KID AND SPLIT HIS LIP OPEN. IT MAKES SENSE TO ME. SO IT'S NOW JUST AGGRAVATED MALICIOUS WOUNDING IN CERTAIN HUMAN TRAFFICKING CHARGES.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE SUBSTITUTE BE AGREED TO? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYE, 95, NO, 0.

Comments

Mary Devoy writes:

2016 Virginia General Assembly “Do Over”: Convictions from 2005, maybe even 1995 would NOW require public registration as a Sex Offender!

These are my immediate concerns with HB177 after only an hour of considering it.

1. The summary for HB177 only mentions having sex with an animal but HB177 proposes changes to two areas of our “carnal knowledge statute”:

Under section B. The offenses included under this subsection include any violation of, attempted violation of, or conspiracy to violate:
• To subsection A of § 18.2-361
• To subsection B of § 18.2-361

Under section E. "Sexually violent offense" means a violation of, attempted violation of, or conspiracy to violate:
• To subsection B of § 18.2-361

Subsection A- is carnal knowledge (sex) with an animal…….. A disgusting act but does it really warrant lifetime registration and monitoring as a public Sex Offender (RSO)?

Subsection B- is carnal knowledge (sex) with a child by a step-parent or step-grandparent. Back in 2005 Step-Parents and Step-Grandparents were added to the carnal knowledge statute but NOT required to register.

2. There is no start date of July 1, 2016 for HB177.

Without a start date (per § 9.1-901.) anyone previously convicted of Section B, sub-section A (carnal knowledge of an animal) would be retroactivity mandated to register as a public Sex Offender by the Virginia State Police without ANY due process. I can NOT find the date when carnal knowledge of an animal became a crime in Virginia so I’m presuming it was a very long time ago which means….ANYONE convicted for of this for the last 21 years (July 1, 1995 –VSP Registry created) would be swept up by this proposal if it becomes law on July 1, 2016. If they failed to register, re-register or abide by any of the existing legal restrictions imposed upon Virginia’s RSO’s they would face a new felony charge no matter how long ago they were convicted of the animal abuse.

How many Virginia’s have been convicted of this in the last 20 years? 100, 200 or 1000?

Without a start date anyone previously convicted of Section B, sub-section B (carnal knowledge by a step-parent or a step-grandparent) since it became a crime in 2005 without ANY due process. If they failed to register, re-register or abide by any of the existing legal restrictions imposed upon Virginia’s RSO’s they would face a new felony charge.

How many Virginia’s have been convicted of this since 2005? 100, 200 or 1000?

We don’t know!

3. Finally, the fiscal impact for HB177.

Fiscal Impact Statements are done for Legislation in Virginia when a proposal creates a felony which would require VA-DOC prison beds. Otherwise any other costs for Legislation are added to the “Budget Bill”.

The cost (if this becomes law) would be borne by the Virginia State Police not VA-DOC, unless the RSO fails to register and is sentenced to incarceration. The VSP would have to do two residential visits per year, an employment visit every time a location is added or removed, the certified re-registration letters every year and taking any data updates form the RSO in-person (because there is no electronic system) again for how many Virginians? We don’t know and it wouldn’t be captured, discussed or approved by the Legislature during the 2016 session. This could be significant $$$$$$.

Mary Devoy writes:

I incorrectly used the term Carnal Knowledge when I meant Crimes Against Nature, I had multiple statutes open when comparing them sorry for any confusion with using the wrong term but other than the wrong term everything above is correct.

Dr Bob Long writes:

Virginia Sex Offender laws 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.

This was never the goal of the registry to punitively punish all American people without due process, or their innocent family members such as children.

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.

Especially even considering retroactive legislation with no due process of law, change of status and ZERO individual risk assessment.

Mary D. Devoy writes:

In Courts Full Committee on February 1oth mid-afternoon HB177 was bounced back to Criminal-Sub.

February 10th late afternoon/early evening Criminal-Sub was the last before Cross-Over. So HB177 would be re-heard without being on that day’s docket.

All parts of HB177 that were original; to do with Crimes Against Nature (bestiality) were REMOVED from HB177 on 02/10.

HB177 is now a combination of HB604- Rob Bell and HB672-Peace (Eli’s Law) even though it has Delegate Albo listed as the patron, the text is from Rob Bell and Chris Peace.