DNA; analysis upon conviction of certain misdemeanors. (HB1249)
Introduced By
Del. David Toscano (D-Charlottesville) with support from co-patron Del. Steve Landes (R-Weyers Cave)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
DNA analysis upon conviction of certain misdemeanors. Adds misdemeanor violations of §§ 18.2-57 (assault and battery) and 18.2-119 (trespass) to the list of offenses for which an adult convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. As introduced, this bill was a recommendation of the Virginia Crime Commission. This bill is identical to SB 565. Read the Bill »
Outcome
Bill Has Passed
History
Date | Action |
---|---|
01/10/2018 | Committee |
01/10/2018 | Prefiled and ordered printed; offered 01/10/18 18102222D |
01/10/2018 | Referred to Committee for Courts of Justice |
01/17/2018 | Impact statement from DPB (HB1249) |
01/18/2018 | Assigned Courts sub: Subcommittee #1 |
01/26/2018 | Subcommittee recommends reporting (6-Y 1-N) |
01/26/2018 | Subcommittee recommends referring to Committee on Appropriations |
02/05/2018 | Reported from Courts of Justice (18-Y 0-N) (see vote tally) |
02/05/2018 | Referred to Committee on Appropriations |
02/06/2018 | Assigned App. sub: Public Safety |
02/06/2018 | Impact statement from DPB (HB1249) |
02/08/2018 | Subcommittee recommends reporting with amendments (7-Y 0-N) |
02/09/2018 | Subcommittee recommends reporting with amendments (6-Y 0-N) |
02/09/2018 | Reported from Appropriations with amendment (21-Y 0-N) (see vote tally) |
02/10/2018 | Read first time |
02/12/2018 | Read second time |
02/12/2018 | Committee amendment agreed to |
02/12/2018 | Engrossed by House as amended HB1249E |
02/12/2018 | Printed as engrossed 18102222D-E |
02/13/2018 | Read third time and passed House (91-Y 7-N 1-A) |
02/13/2018 | VOTE: PASSAGE (91-Y 7-N 1-A) (see vote tally) |
02/13/2018 | Impact statement from DPB (HB1249E) |
02/14/2018 | Constitutional reading dispensed |
02/14/2018 | Referred to Committee for Courts of Justice |
02/19/2018 | Reported from Courts of Justice with amendment (13-Y 2-N) (see vote tally) |
02/20/2018 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/21/2018 | Read third time |
02/21/2018 | Reading of amendment waived |
02/21/2018 | Committee amendment agreed to |
02/21/2018 | Engrossed by Senate as amended |
02/21/2018 | Passed Senate with amendment (31-Y 8-N 1-A) (see vote tally) |
02/21/2018 | Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally) |
02/21/2018 | Passed Senate with amendment (32-Y 8-N) (see vote tally) |
02/22/2018 | Placed on Calendar |
02/23/2018 | Placed on Calendar |
02/23/2018 | Senate amendment rejected by House (1-Y 97-N) |
02/23/2018 | VOTE: REJECTED (1-Y 97-N) (see vote tally) |
02/27/2018 | Senate insisted on amendment (40-Y 0-N) (see vote tally) |
02/27/2018 | Senate requested conference committee |
02/28/2018 | House acceded to request |
02/28/2018 | Conferees appointed by House |
02/28/2018 | Delegates: Toscano, Bell, Robert B., Collins |
03/01/2018 | Conferees appointed by Senate |
03/01/2018 | Senators: Obenshain, Howell, Stanley |
03/06/2018 | C Amended by conference committee |
03/07/2018 | Conference report agreed to by Senate (32-Y 7-N) (see vote tally) |
03/07/2018 | Reconsideration of conference report agreed to by Senate (39-Y 0-N) (see vote tally) |
03/07/2018 | Conference report agreed to by Senate (28-Y 11-N) (see vote tally) |
03/08/2018 | Conference report agreed to by House (88-Y 8-N 1-A) |
03/08/2018 | VOTE: ADOPTION (88-Y 8-N 1-A) (see vote tally) |
03/10/2018 | Enrolled |
03/10/2018 | Bill text as passed House and Senate (HB1249ER) |
03/10/2018 | Signed by Speaker |
03/12/2018 | Impact statement from DPB (HB1249ER) |
03/12/2018 | Signed by President |
03/20/2018 | Enrolled Bill communicated to Governor on March 20, 2018 |
03/20/2018 | G Governor's Action Deadline Midnight, April 9, 2018 |
03/30/2018 | G Approved by Governor-Chapter 543 (effective 7/1/18) |
03/30/2018 | G Acts of Assembly Chapter text (CHAP0543) |
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 5 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
house, H.B. 1249 when it left the house required the collection of dna samples from people who had been convicted of three additional misdemeanors, assault and battery on family member, criminal trespass and assault and battery. A lot of people worked very hard to get this bill passed out of the house. When it went over to the senate they cut back on one of the misdemeanors, taking out the requirement to take the sample upon conviction of domestic assault -- assault and battery on a domestic family member. I had originally thought about accepting the senate amendment and just getting the bill passed but upon further reflection and thinking about all of the hard work that so many people on the appropriations committee did to make the bill happen, I would urge you to reject the senate amendment, put it in conference so we have another shot at passing the house bill as it left the body. I would ask for a red on this. >> shall the senate amendment behis child from a life of crime. [Laughter] the delegate from fairfax, delegate tran and baby for their clapping during the governor address to the joint assembly. And the award goes to, because I want to come to his office one day and see toscano's mug in his office, the delegate from shenandoah. [Cheers and applause] >> Mr. Speaker? we have three more mugs to go. Our next category for the best performance by a millennial in a speech their leadership obviously put them up to. [Laughter] the nominees are -- the -- delegate brewer for her speech for the uber or lyft tax. Delegate vanvalkenburg for his response the very next next day and although he's not a millennial, we also nom nayed delegate hugo for his netflix and chill speech. But the winner is delegate brewer. [Cheers and applause] >> Mr. Speaker? delegate bagby. >> last time I'm getting up. The next award -- or category is best performance by a freshman, first bill defense. Delegate hurst for refusing to speculate on the lee chur leisure time of his activities when asking if his senior constituents liked to watch netflix and chill. And delegate tran for refusing to accept a question from delegate simon on a friday evening. [Cheers and applause]
Del. David Toscano (D-Charlottesville): no big secret who wins the award. So delegate tran, congratulations. [Cheers and applause] Push
[Unknown]: the next award goes to the best cry. The best cry. The best member -- the member that gave the best cry on the floor. No good movie is a good movie without a good cry. So the first individual would be delegate landes.
Comments
The ACLU of Virginia strongly opposes the expansion of the DNA data bank to include DNA from persons convicted of very minor crimes like petit larceny. We are disappointed that the Crime Commission would recommend expansion of the DNA databank while knowing that doing so can increase ethnic bias and the likelihood of false matches, among other harmful results. We continue to have serious concerns about privacy and due process with regard to mandatory DNA sampling in law enforcement, and further expanding a database that already includes the most sensitive, personal information about one in every 20 Virginians, even as the number of ‘hits’ is in decline. This is not an evidence-based decision. The Crime Commission's own staff testified before the commission that "most" people convicted of misdemeanors do not go on to commit serious felonies, and that, at best, there was an "association," and not a correlation, between convictions for the specified misdemeanors and later convictions for felonies.