Child abuse or neglect; sex offenders, investigations, reports to law enforcement. (HB511)
Introduced By
Del. Rob Bell (R-Charlottesville) with support from co-patron Del. Tim Hugo (R-Centreville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
Child abuse or neglect; sex offenders; investigations; reports to law enforcement. Adds the complaint that a child has been left alone in the same dwelling with a person to whom the child is not related by blood or marriage and who has been convicted of a sexually violent offense against a minor to the list of complaints of suspected child abuse or neglect upon receipt of which a local department of social services is required to notify the local attorney for the Commonwealth and the local law-enforcement agency. The bill also adds such a complaint to the list of complaints that a local department that has been designated as a child-protective services differential response agency by the Department of Social Services must investigate. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2018 | Committee |
01/08/2018 | Prefiled and ordered printed; offered 01/10/18 18100374D |
01/08/2018 | Referred to Committee on Health, Welfare and Institutions |
01/15/2018 | Assigned HWI sub: |
01/15/2018 | Impact statement from DPB (HB511) |
01/15/2018 | Assigned HWI sub: Subcommittee #2 |
02/06/2018 | Subcommittee recommends reporting (8-Y 2-N) |
02/06/2018 | Reported from Health, Welfare and Institutions (17-Y 5-N) (see vote tally) |
02/08/2018 | Read first time |
02/09/2018 | Read second time and engrossed |
02/12/2018 | Read third time and passed House (86-Y 10-N) |
02/12/2018 | VOTE: PASSAGE (86-Y 10-N) (see vote tally) |
02/13/2018 | Constitutional reading dispensed |
02/13/2018 | Referred to Committee on Rehabilitation and Social Services |
02/16/2018 | Reported from Rehabilitation and Social Services (15-Y 0-N) (see vote tally) |
02/19/2018 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/20/2018 | Passed by for the day |
02/21/2018 | Read third time |
02/21/2018 | Passed Senate (34-Y 6-N) (see vote tally) |
02/26/2018 | Enrolled |
02/26/2018 | Bill text as passed House and Senate (HB511ER) |
02/26/2018 | Impact statement from DPB (HB511ER) |
02/26/2018 | Signed by Speaker |
02/28/2018 | Signed by President |
03/02/2018 | Enrolled Bill communicated to Governor on March 2, 2018 |
03/02/2018 | G Governor's Action Deadline Midnight, March 9, 2018 |
03/09/2018 | Governor's recommendation received by House |
04/18/2018 | House concurred in Governor's recommendation (97-Y 0-N) |
04/18/2018 | VOTE: ADOPTION (97-Y 0-N) |
04/18/2018 | Senate concurred in Governor's recommendation (38-Y 0-N 1-A) |
04/18/2018 | Reconsideration of Governor's recommendation agreed to (38-Y 0-N) |
04/18/2018 | Senate concurred in Governor's recommendation (39-Y 0-N) |
04/18/2018 | G Governor's recommendation adopted |
04/18/2018 | Reenrolled |
04/18/2018 | Reenrolled bill text (HB511ER2) |
04/18/2018 | Signed by Speaker as reenrolled |
04/18/2018 | Signed by President as reenrolled |
04/18/2018 | Enacted, Chapter 823 (effective 7/1/18) |
04/18/2018 | G Acts of Assembly Chapter text (CHAP0823) |
Comments
§ 16.1-228(6) of the Code of Virginia (for those who had no idea) it’s a felony for a parent or a caretaker to leave a child that not a blood-relative or through marriage alone with a Violent Sex Offender (that’s approx. 83% of the Virginia State Police Sex Offender Registry).
Keep in mind in 2006 and 2008 more than 2,000 Non-Violent RSO’s in Virginia were retroactively increased from Non-Violent to Violent on July 1st by the Virginia State Police because the Virginia Legislature both years had taken took sexual misdemeanors and increased them to felonies. The VSP took that as direction to apply it to all the old convictions without any due process. So, in Virginia the classification of Violent on the VSP SO Registry is truly meaningless.
Here is a May 23, 2014 Virginia Attorney General Opinion on § 16.1-228(6) https://www.oag.state.va.us/files/Opinions/2014/14-015_McEachin.pdf
AG Decision Summary: A parent or caretaker who leaves a child alone in the same room with a sexually violent offender, but who remains within the dwelling, has not violated § 16.1-228(6).
At he moment it's not a crime in VA for the RSO to be left alone with a minor who isn't a blood relative or related by marriage but I'm betting this Bill is step one to a proposal for Delegate Rob Bell to do just that maybe not this session but I'm betting that's Bell's end-goal.