Sexual offenses; prohibits person from proximity to children and working on school property. (HB1485)

Introduced By

Del. Dickie Bell (R-Staunton) with support from co-patron Del. Israel O'Quinn (R-Bristol)

Progress

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

Description

Sex offenses prohibiting proximity to children and working on school property; substantially similar offenses; penalty. Adds to the list of sex offenses that prohibit a person convicted of such offenses from being or residing in proximity to schools and certain other property where children congregate or from working on school property any offense under the law of any other jurisdiction that is substantially similar to such sex offenses. Any violation of this prohibition is punishable as a Class 6 felony. Amends § 18.2-370.2, § 18.2-370.3, § 18.2-370.4, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/13/2016Committee
12/13/2016Prefiled and ordered printed; offered 01/11/17 17100554D
12/13/2016Referred to Committee for Courts of Justice
12/22/2016Impact statement from VCSC (HB1485)
01/25/2017Impact statement from DPB (HB1485)
02/01/2017Assigned Courts sub: Criminal Law
02/01/2017Subcommittee recommends reporting with substitute (11-Y 0-N)
02/03/2017Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
02/03/2017Committee substitute printed 17105145D-H1
02/04/2017Read first time
02/06/2017Impact statement from VCSC (HB1485H1)
02/06/2017Read second time
02/06/2017Committee substitute agreed to 17105145D-H1
02/06/2017Engrossed by House - committee substitute HB1485H1
02/07/2017Read third time and passed House (95-Y 1-N)
02/07/2017VOTE: PASSAGE (95-Y 1-N) (see vote tally)
02/08/2017Constitutional reading dispensed
02/08/2017Referred to Committee for Courts of Justice
02/10/2017Impact statement from DPB (HB1485H1)
02/13/2017Reported from Courts of Justice with substitute (13-Y 0-N) (see vote tally)
02/13/2017Committee substitute printed 17105358D-S1
02/13/2017Rereferred to Finance
02/13/2017Impact statement from VCSC (HB1485S1)
02/15/2017Reported from Finance with amendment (16-Y 0-N) (see vote tally)
02/15/2017Impact statement from DPB (HB1485S1)
02/16/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/17/2017Read third time
02/17/2017Reading of substitute waived
02/17/2017Committee substitute agreed to 17105358D-S1
02/17/2017Reading of amendment waived
02/17/2017Committee amendment agreed to
02/17/2017Engrossed by Senate - committee substitute with amendment HB1485S1
02/17/2017Passed Senate with substitute with amendment (40-Y 0-N) (see vote tally)
02/21/2017Placed on Calendar
02/21/2017Senate substitute agreed to by House 17105358D-S1 (95-Y 0-N)
02/21/2017VOTE: ADOPTION (95-Y 0-N) (see vote tally)
02/21/2017Senate amendment rejected by House (0-Y 96-N)
02/21/2017VOTE: REJECTED (0-Y 96-N) (see vote tally)
02/22/2017Senate insisted on amendment (38-Y 0-N) (see vote tally)
02/22/2017Senate requested conference committee
02/23/2017House acceded to request
02/23/2017Conferees appointed by House
02/23/2017Delegates: Bell, Richard P., Bell, Robert B., Tyler
02/23/2017Conferees appointed by Senate
02/23/2017Senators: Sturtevant, Deeds, Obenshain
02/24/2017Conference substitute printed 17105838D-H2
02/24/2017C Amended by conference committee
02/24/2017Passed by temporarily
02/24/2017Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/24/2017Conference report agreed to by House (93-Y 1-N)
02/24/2017VOTE: ADOPTION (93-Y 1-N) (see vote tally)
02/27/2017Impact statement from VCSC (HB1485H2)
03/07/2017Enrolled
03/07/2017Bill text as passed House and Senate (HB1485ER)
03/07/2017Impact statement from VCSC (HB1485ER)
03/07/2017Impact statement from VCSC (HB1485H2)
03/07/2017Signed by Speaker
03/10/2017Impact statement from DPB (HB1485ER)
03/10/2017Signed by President
03/13/2017Enrolled Bill communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/16/2017G Approved by Governor-Chapter 507 (effective 7/1/17)
03/16/2017G Acts of Assembly Chapter text (CHAP0507)

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 3 minutes.

Transcript

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



Del. Tim Hugo (R-Centreville): THE GENTLEMAN FROM PRINCE WILLIAM, MR. LINGAMFELTER.

Del. Scott Lingamfelter (R-Woodbridge): MR. SPEAKER, THIS IS A GOOD BILL, AND I HOPE THAT WE WILL SUPPORT IT. AND THERE ARE THREE AMENDMENTS TO THE BILL, ESSENTIALLY ONE IS THAT THE LAW ENFORCEMENT OFFICER HAS TO BE RETIRED WITHIN 10 YEARS. THE GENTLEMAN, DELEGATE HARINGTON, BROUGHT TO -- BROUGHT THAT TO MY ATTENTION, AND DEMONSTRATE OR -- NOT DEMONSTRATE, PROVIDE PROOF TO DCJS THAT THEY WERE PROPERLY TRAINED, AND THAT THE SSO IS NOT ALSO OTHERWISE PROHIBITED FROM CARRYING A FIREARM. I MOVE WE ACCEPT THE SENATE AMENDMENTS.

[Unknown]: SHALL THE SENATE SUBSTITUTE BE ACCEPTED?

Del. Scott Lingamfelter (R-Woodbridge): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 75, NOS 22. AYES 75, NOS 22, THE SENATE SUBSTITUTE IS ACCEPTED NEXT UP, HOUSE BILL 1401, SECTION OF THE CODE OF A BILL TO AMEND AND REENACT A VIRGINIA RELATING TO PUBLIC INSTITUTIONS OF HIGHER EDUCATION, SPEECH ON CAMPUS, PASSED THE HOUSE FEBRUARY 2ND, PASSED SENATE WITH AN AMENDMENT WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM AUGUSTA, MR. LANDIS.

[Unknown]: THANK YOU MR. SPEAKER, MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, YOU MAY RECALL HOUSE BILL 1401 WOULD PUT IN PLACE FURTHER CLARIFYING THE FIRST AMENDMENT RELATED TO OUR PUBLIC INSTITUTIONS OF HIGHER LEARNING, PROTECTING BOTH FACULTY, STUDENTS, EMPLOYEES, AND INVITED GUEST SPEAKERS ON CAMPUS. WHAT THE SENATE AMENDMENT DOES IS JUST FURTHER CLARIFIES THAT THESE ARE DEALING WITH INSTITUTIONALLY

Comments

Mary D. Devoy writes:

A Misleading Bill Title as it does MUCH more than restrict working on school property!

HB1485 adds “shall include any offense under the law of any other jurisdiction that is substantially similar” to §§18.2-370.2 , §§18.2-370.3 AND §§18.2-370.4

So any out-of-state or military conviction from 1995 through today would be retroactively swept up not just in the Virginia prohibition/felony for “working on school property” BUT also for our “loitering” AND “residency restriction” laws. These people are already listed on the Virginia State Police Registry and they are abiding by all of the legal restrictions, regulations and mandates that Registered Sex Offenders convicted in Virginia must abide by, WHY would we now demand that their choice of a residence today is a felony and make them homeless or that any future residence they are considering be limited under the threat of a felony.

Residency Restriction have been studied http://goo.gl/a1NWwf far and wide and every conclusion has determined these feel-good types of laws which are based 100% on myth, hate and fear do NOT make communities safer. There is ZERO data to support 2/3’s of what this Bill is requesting, the data is out there and it contradicts what this Bill is proposing.

RSO’s should NOT work at schools or daycares, fine. But to continue to broaden our residency restriction laws and our vaguely written loitering is a waste of time, resources and lives.

Vote ‘No’ on HB1485 as long as §§18.2-370.2 and §§18.2-370.3 remain in the Bill. Plus ANY Virginia RSO Bill should have a conviction date of that July 1st otherwise we are proposing and passing laws that are being retroactively applied by the Virginia State Police and that is a violation of the Constitution. Ex post facto!

Safer Virginia writes:

More restrictions to an already ridiculously complicated list of offenses prohibiting proximity to children. The lawyers in our General Assembly have included language in § 18.2-370.2, such as "on or after July 1, 2000", "on or after July 1, 2006", and "on or after July 1, 2008". Now comes "As of July 1, 2017".

The existing law provides no public safety benefit, disregards available research and, when restricting housing opportunities for registrants actually increases risk. The restrictions serve no purpose except to take up space in Code of Virginia and increase the likelihood of a registrant violating a convoluted law.

This proposed change is just more fear-based nonsense devoid of research confirming its public safety value.

http://digitalcommons.law.ggu.edu/ggu_law_review_blog/15

Mary D. Devoy writes:

Please note that Delegate Israel O' Quinn signed on as a Co-Patron last week, so he thinks retroactive loitering and residency laws are acceptable.

They aren’t!