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

Bill Has Passed

History

DateAction
01/08/2018Committee
01/08/2018Prefiled and ordered printed; offered 01/10/18 18100374D
01/08/2018Referred to Committee on Health, Welfare and Institutions
01/15/2018Assigned HWI sub:
01/15/2018Impact statement from DPB (HB511)
01/15/2018Assigned HWI sub: Subcommittee #2
02/06/2018Subcommittee recommends reporting (8-Y 2-N)
02/06/2018Reported from Health, Welfare and Institutions (17-Y 5-N) (see vote tally)
02/08/2018Read first time
02/09/2018Read second time and engrossed
02/12/2018Read third time and passed House (86-Y 10-N)
02/12/2018VOTE: PASSAGE (86-Y 10-N) (see vote tally)
02/13/2018Constitutional reading dispensed
02/13/2018Referred to Committee on Rehabilitation and Social Services
02/16/2018Reported from Rehabilitation and Social Services (15-Y 0-N) (see vote tally)
02/19/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/20/2018Passed by for the day
02/21/2018Read third time
02/21/2018Passed Senate (34-Y 6-N) (see vote tally)
02/26/2018Enrolled
02/26/2018Bill text as passed House and Senate (HB511ER)
02/26/2018Impact statement from DPB (HB511ER)
02/26/2018Signed by Speaker
02/28/2018Signed by President
03/02/2018Enrolled Bill communicated to Governor on March 2, 2018
03/02/2018G Governor's Action Deadline Midnight, March 9, 2018
03/09/2018Governor's recommendation received by House
04/18/2018House concurred in Governor's recommendation (97-Y 0-N)
04/18/2018VOTE: ADOPTION (97-Y 0-N)
04/18/2018Senate concurred in Governor's recommendation (38-Y 0-N 1-A)
04/18/2018Reconsideration of Governor's recommendation agreed to (38-Y 0-N)
04/18/2018Senate concurred in Governor's recommendation (39-Y 0-N)
04/18/2018G Governor's recommendation adopted
04/18/2018Reenrolled
04/18/2018Reenrolled bill text (HB511ER2)
04/18/2018Signed by Speaker as reenrolled
04/18/2018Signed by President as reenrolled
04/18/2018Enacted, Chapter 823 (effective 7/1/18)
04/18/2018G Acts of Assembly Chapter text (CHAP0823)

Comments

Mary D. Devoy writes:

§ 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.