Minors; authority to consent to physical evidence recovery kit examination. (SB248)

Introduced By

Sen. Dick Black (R-Leesburg) with support from co-patrons Sen. Adam Ebbin (D-Alexandria), and Sen. Barbara Favola (D-Arlington)

Progress

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

Description

Physical evidence recovery kit examination; minors. Provides that a minor who is believed to be the victim of a sexual assault shall be deemed an adult for purposes of consenting to a physical evidence recovery kit examination. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/06/2016Prefiled and ordered printed; offered 01/13/16 16100895D
01/06/2016Referred to Committee on Education and Health
01/21/2016Reported from Education and Health (14-Y 0-N) (see vote tally)
01/21/2016Rereferred to Courts of Justice
02/01/2016Reported from Courts of Justice (8-Y 4-N 3-A) (see vote tally)
02/02/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/03/2016Read second time and engrossed
02/04/2016Passed by for the day
02/05/2016Engrossment reconsidered by Senate (39-Y 0-N) (see vote tally)
02/05/2016Floor substitute printed 16105243D-S1 (Favola)
02/05/2016Reading of substitute waived
02/05/2016Passed by temporarily
02/05/2016Passed by for the day
02/08/2016Floor substitute printed 16105317D-S2 (Favola)
02/08/2016Read second time
02/08/2016Substitute #1 by Senator Favola withdrawn 16105243D-S1
02/08/2016Reading of substitute waived
02/08/2016Substitute #2 by Senator Favola agreed to 16105317D-S2
02/08/2016Engrossed by Senate - floor substitute SB248S2
02/09/2016Read third time and passed Senate (38-Y 1-N) (see vote tally)
02/09/2016Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/09/2016Passed Senate (40-Y 0-N) (see vote tally)
02/11/2016Placed on Calendar
02/11/2016Read first time
02/11/2016Referred to Committee on Health, Welfare and Institutions
02/16/2016Assigned HWI sub: Subcommittee #2
02/18/2016Subcommittee recommends reporting (9-Y 0-N)
02/23/2016Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
02/24/2016Read second time
02/25/2016Read third time
02/25/2016Passed House BLOCK VOTE (99-Y 0-N)
02/25/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/25/2016Reconsideration of House passage agreed to by House
02/25/2016Passed House BLOCK VOTE (100-Y 0-N)
02/25/2016VOTE: BLOCK VOTE PASSAGE #2 (100-Y 0-N) (see vote tally)
02/26/2016Enrolled
02/26/2016Bill text as passed Senate and House (SB248ER)
02/26/2016Signed by Speaker
02/29/2016Signed by President
03/01/2016Enrolled Bill Communicated to Governor on 3/1/16
03/01/2016G Governor's Action Deadline Midnight, March 8, 2016
03/07/2016G Approved by Governor-Chapter 251 (effective 7/1/16)

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 7 minutes.

Transcript

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

SENATE BILL 248 A BILL RELATING TO THE AUTHORITY TO CONTENT TO PHYSICAL RECOVERY EXAMINATION MINORS ROTTED FROM THE COMMITTEE INITIEE ON COURTS OF JUSTICE AND THERE IS ARE TWO FLOOR SUBSTITUTES. THANK YOU, MADAM CLERK. THE SENATOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): WE WE HAVE A FLOOR SUBSTITUTE AND THE GENTLE LADY FROM ARLINGTON WILL PRESENT THAT IF THAT IS ACCEPTABLE.

[Unknown]: FIRST WE NEED TO WITHDRAW THE FIRST SUBSTITUTE.

Sen. Dick Black (R-Leesburg): YOU ARE GOING TO DO THAT?

[Unknown]: YES. I MOVE THAT THE FLOOR SUBSTITUTE NUMBER ONE BE WITHDRAWN. THAT THANK YOU, SENATOR. WITH THAT OBJECTION, FLOOR SUBSTITUTE NUMBER ONE WILL BE WITHDRAWN. I MOVE THAT THE READING OF THE SECOND FLOOR SUBSTITUTE BE WAIVED. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE READING OF THE FLOOR SUBSTITUTE IS WAIVED. THE SENATOR FROM ARLINGTON. THAT, YOU, MR. PRESIDENT. I MOVE THAT THE SECOND FLOOR SUB CITY TIGHT BE AGREED TO AND SPEAKING TO THE MOSQUITOS. THE SENATOR HAS THE FLOOR. THIS ALLOWS A PARENT OR GUARDIAN OF A MINOR TO CONSENT TO A PERSON KIT BUT IF THE PARENT OR GUARDIAN REFUSES CONSENT THE MINOR MAY CONSENT. I THANK THE SENATORS WHO HAVE HELPED ME CRAFT IN. THE COMMONWEALTH ATTORNEY'S ASSOCIATION ENDORSES THIS ALONG WITH MANY OTHER GROUPS. WE THINK THIS IS A WELL NEEDED TOOL IN THE TOOL BOX FOR PROSECUTING SEXUAL ASSAULT OFFENDERS AND I ASK THAT IT PASS. THANK YOU, SENATOR. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): I WOULD JUST LIKE TO EXPRESS MY CONSEQUENCE WITH THE GENTLE LADY. THIS WAS -- MY CONCURRENCE. THIS WAS A COMMITTEE PROJECT AND WE HAVE COME UP WITH PRECISE LANGUAGE THAT I THINK IS SATISFACTORY SO ALL PARTIES AND I URGE THAT YOU PASS THE SUBSTITUTE.

[Unknown]: SENATOR, THE QUESTION IS SHALL FLOOR SUBSTITUTE NUMBER TWO BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE FLOOR AMENDMENT IS AGREED TO. THE SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU, MR. PRESIDENT. I MOVE THAT WE ENGROSS AND ADVANCE THIS TO THIRD READING AND SPEAKING TO THAT MOTION.

[Unknown]: YOU DON'T NEED TO SPEAK TO IT IF YOU DON'T NEED TO. YOU ARE WELCOME TO.

Sen. Dick Black (R-Leesburg): JUST A FEW WORDS IF I MIGHT, MR. PRESIDENT.

[Unknown]: YES, YOU HAVE THE INTO ARE. THIS BILL THIS HAS BEEN GOING ON FOR ABOUT TWO YEARS. WHAT WE HAVE STARTED OFF WITH IS THE DISCOVERY AS A RESULT OF A WONDERFUL GROUP CALLED NATASHA'S PROJECT THAT THERE WERE 230000 UNTESTED KITS, RAIN -- 2300, UNTEST RAPE KITS. WE WORKED WITH SECRETARY MORAN AND IN THE COURSE OF DOING THIS SUMMABLED UPON A VERY INTERESTING SITUATION WHERE THE -- WE DISCOVERED THAT WE HAD A PROBLEM THAT SOMETIMES WHEN YOU HAVE -- WHEN YOU HAVE A PARENT WHO IS THE PERPETRATOR THE PARENT HAD TO GIVE CONSENT AND SO THIS IS THE PURPOSE OF THIS IS TO AVOID THE SITUATION WHERE THE PERPETRATOR OF THE CRIME IS THE PERSON BEING ASKED TO CONSENT AND SO I DO ASK THAT YOU ENGROSS AND PASS AND ADVANCE THE BILL. THANK YOU SENATOR.


Sen. Dick Saslaw (D-Springfield): MR. PRESIDENT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 705 RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Dick Saslaw (D-Springfield): AYES 21, NOS 19.

[Unknown]: AYES 21, NOS 19. THE BILL PASSES. SENATE BILL 248, RELATING TO AUTHORITY TO CONSENT TO PHYSICAL EVIDENCE RECOVERY KIT EXAMINATION, MINORS. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): MR. PRESIDENT, I MOVE PASSAGE OF THE BILL AND SPEAKING BRIEFLY TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Dick Black (R-Leesburg): LADIES AND GENTLEMEN, WE DISCUSSED THIS YESTERDAY, BUT JUST TO SUMMARIZE, THIS IS THE BILL, THE SUBSTITUTE OF WHICH WILL PREVENT A SUSPECT WHO HAPPENS TO BE A PARENT, A STEP PARENT, A GUARDIAN, FROM DENYING CONSENT TO CONDUCT A RAPE TEST INVESTIGATION OF A CHILD WHERE THE CHILD HAS POTENTIALLY BEEN RAPED BY THAT INDIVIDUAL. WE DID HAVE TESTIMONY FROM THE HEAD OF THE DISTRICT ATTORNEYS WHO SAID THIS IS A MAJOR PROBLEM. IT IS A MAJOR PROBLEM. THEY COME UP WITH IT AGAIN AND AGAIN. 15-YEAR-OLD GIRL COMES IN AND SAYS PIE STEPDAD JUST -- MY STEPDAD JUST RAPED ME AND THEY HAVE TO ASK THE STEPDAD FOR PERMISSION TO DO THE RAPE TEST KIT, WHICH IS OBVIOUSLY NOT VERY REASONABLE. WE STUMBLED ACROSS THIS IN THE COURSE OF DOING OUR LARGER WORK ON RAPE TEST KIT EXAMINATIONS, AND I THINK IT'S A VERY IMPORTANT PIECE OF LEGISLATION. I APPLAUD THE LADY FROM ARLINGTON FROM TAKING A LEAD IN THIS AND A NUMBER OF OTHERS WHO PARTICIPATED. SO WITH THAT, I ASK PASSAGE OF THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 248