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

Introduced By

Del. Chris Collins (R-Winchester) with support from co-patron Del. Jason Miyares (R-Virginia Beach)

Progress

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

Description

Operation of certain motor vehicles; sex offenders. Prohibits any person who is required to register on the Sex Offender and Crimes Against Minors Registry or the federal National Sex Offender Public Website from operating a taxicab for the transportation of passengers for hire. Read the Bill »

Status

02/21/2019: Passed the General Assembly

History

DateAction
01/08/2019Committee
01/08/2019Prefiled and ordered printed; offered 01/09/19 19100775D
01/08/2019Referred to Committee for Courts of Justice
01/14/2019Subcommittee recommends reporting with substitute (7-Y 0-N)
01/14/2019Assigned Courts sub: Subcommittee #1
01/14/2019Subcommittee recommends reporting with amendment (7-Y 0-N)
02/01/2019Reported from Courts of Justice with amendments (18-Y 0-N) (see vote tally)
02/03/2019Read first time
02/04/2019Read second time
02/04/2019Committee amendments agreed to
02/04/2019Engrossed by House as amended HB2300E
02/04/2019Printed as engrossed 19100775D-E
02/05/2019Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/05/2019VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/06/2019Constitutional reading dispensed
02/06/2019Referred to Committee for Courts of Justice
02/11/2019Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
02/11/2019Committee substitute printed 19106790D-S1
02/12/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/13/2019Passed by for the day
02/14/2019Passed Senate with substitute
02/14/2019Passed Senate (40-Y 0-N) (see vote tally)
02/14/2019Read third time
02/14/2019Reading of substitute waived
02/14/2019Committee substitute agreed to 19106790D-S1
02/14/2019Engrossed by Senate - committee substitute HB2300S1
02/14/2019Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/18/2019Placed on Calendar
02/18/2019Senate substitute agreed to by House 19106790D-S1 (97-Y 0-N)
02/18/2019VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/21/2019Bill text as passed House and Senate (HB2300ER)
02/21/2019Enrolled
02/21/2019Signed by Speaker
02/21/2019Signed by President
02/28/2019Enrolled Bill communicated to Governor on February 28, 2019
02/28/2019G Governor's Action Deadline Midnight, March 26, 2019
03/18/2019G Approved by Governor-Chapter 480 (effective 7/1/19)
03/18/2019G Acts of Assembly Chapter text (CHAP0480)

Comments

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.

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