Motor vehicles, certain; operation by sex offenders. (HB2300)

Mary D. Devoy writes:

Virginia Delegate Chris Collins wants to ban ALL Virginia State Police Registered Sex Offenders from driving taxicabs OR other motor vehicles that transport people for hire.

A bit of background on RSO’s and CDL’s:
- Back in 2011 I worked to amend HB1733 , HB2226 and SB807 which were full transport bans originally, were amended to create a Type S Driver’s License (for Virginia School Bus Drivers) and anyone on the VSP SOR would not be permitted to hold a Type-S.

- Then in 2012 I worked to amend HB1178 again a total ban originally but we created a Type P CDL License (for Virginia school and daycare center charters) and anyone on the VSP SOR would not be permitted to hold a Type-P.

- By narrowing the scope of these bill in 2011 and 2012 Virginians who were/are listed on the VSP SOR and who were driving without any issues could continue to drive and earn a living to provide for their families.

There have been bills filed by other Delegates and Senators at the 2019 Virginia session to remove unnecessary licensure barriers for former offenders yet here we have Delegate Collins adding a new and retroactive barrier.

Now national companies Uber and Lyft do ban Registered Sex Offenders from driving for them, they are private companies so they can have such policies.

Today any taxicab company can also have a policy banning drivers who are listed on the VSP SOR, that’s their prerogative.

But WHY do we need a law banning it?

Have there been VSP RSO’s who were driving taxi’s that have assaulted passengers? No there have not been I’ve been tracking that information. But there HAVE been Uber and Lyft drivers with no prior sexual conviction who HAVE assaulted passengers, so the RSO ban didn’t prevent those crimes from occurring.

With Delegate Collins’ 2019 bill to ban VSP RSO’s from driving taxicabs, buses and shuttles, we are RIGHT back to where we were in 2012. Why?

Virginia already has Type-S and Type P Driver Licenses that already prevent VSP RSO’s from driving school buses and school and daycare charters and taxi cab and bus companies can implement any policy, ban or background check they want.

HB2300 is unnecessary, there is no issue that needs fixing.

HB2300, it’s using the Virginia State Police Sex Offender Registry to punish not to administrate.
While other State are working on Criminal Justice reforms that include removing employment barriers in 2019 for past convictions here, we are doubling down in Virginia and it makes zero sense.

Ut Prosim writes:

There is no evidence that this bill will do anything to enhance public safety. None. The bill is another punishment of a class of citizens that has one of the lowest re-offense rates of any crime category. Most sexual assaults are committed by someone known to the victim or the victim's family, regardless of whether the victim is a child or an adult, not some stranger driving a taxi.

Ut Prosim writes:

There is no evidence that this bill will do anything to enhance public safety. None. The bill is another punishment of a class of citizens that has one of the lowest re-offense rates of any crime category. Most sexual assaults are committed by someone known to the victim or the victim's family, regardless of whether the victim is a child or an adult, not some stranger driving a taxi.

Citizens of the Commonwealth should expect government to be the least restrictive while providing a safe environment and unhindered legal employment opportunities.

Sex offenders have an extraordinarily low recidivism rate of approximately 5.3% and a reconviction rate for another sex offense of only 3.5%.
Durose, Matthew R., Patrick A. Langan, and Erica L. Schmitt. Bureau of Justice Statistics (BJS). Rep. no. NCJ 198281. U S Department of Justice, 16 Nov. 2003. Web. 13 Dec. 2013.

Sex offenders who have a positive support system have significantly lower recidivism rates and fewer rule violations than those who have negative or no support (Colorado Department of Public Safety, 2004). Social bonds of stable employment and family relationships also lead to lower recidivism rates for sex offenders (Kruttschnitt, Uggen, & Shelton, 2000). It is well established that the stigma of felony conviction can inhibit participation in pro-social roles such as employment, education, parenting, and property ownership (Tewksbury & Lees, 2007; Uggen, Manza & Behrens, 2004).
Wright, Richard Gordon. "The Failure of Sex Offender Policies." Introduction. Sex Offender Laws: Failed Policies, New Directions. New York: Springer Pub., 2009. 283. Print.
...American policy responses to prevent or address sexual offending, particularly those enacted within the last twenty years have largely failed. They have not reduced sex offenders recidivism rates, not provided safety, healing, or support for victims, not reflected the scientific research on sexual victimization, offending, and risk, or not provided successful strategies for prevention. ... these policies have failed by choice. Policymakers choose to focus on the most heinous sex offenders while ignoring the most common sexual threats that people face.
Wright, Richard Gordon. "The Failure of Sex Offender Policies." Introduction. Sex Offender Laws: Failed Policies, New Directions. New York: Springer Pub., 2009. 3. Print.

Finally, legislators and other policymakers should adopt evidence-based policies to create offender-specific control or treatment methods that are not over-inclusive. Doing so, however, would require them to recognize that many of the widely-held beliefs regarding sex offenders are not based on empirical proof, but rather are myths. Only when policymakers reject commonly-held myths about sex offenders will effective control policies be designed and implemented.
Galeste, Marcus A., Henry F. Fradella, and Brenda Vogel. "Sex Offender Myths in Print Media: Separating Fact from Fiction in U.S. Newspapers." Western Criminology Review 13.2 (2012): 4-24. Sex Offender Myths In Print Media. Sonoma State University. Web. 11 Nov. 2013.

Ut Prosim writes:

There is no evidence that this bill will do anything to enhance public safety. None. The bill is another punishment of a class of citizens that has one of the lowest re-offense rates of any crime category. Most sexual assaults are committed by someone known to the victim or the victim's family, regardless of whether the victim is a child or an adult, not some stranger driving a taxi.

Citizens of the Commonwealth should expect government to be the least restrictive while providing a safe environment and unhindered legal employment opportunities.

Sex offenders have an extraordinarily low recidivism rate of approximately 5.3% and a reconviction rate for another sex offense of only 3.5%.
Durose, Matthew R., Patrick A. Langan, and Erica L. Schmitt. Bureau of Justice Statistics (BJS). Rep. no. NCJ 198281. U S Department of Justice, 16 Nov. 2003. Web. 13 Dec. 2013.

Ut Prosim writes:

There is no evidence that this bill will do anything to enhance public safety. None. The bill is another punishment of a class of citizens that has one of the lowest re-offense rates of any crime category. Most sexual assaults are committed by someone known to the victim or the victim's family, regardless of whether the victim is a child or an adult, not some stranger driving a taxi.

Citizens of the Commonwealth should expect government to be the least restrictive while providing a safe environment and unhindered legal employment opportunities.