Condition of parole; registration with Sex Offender and Crimes Against Minors Registry, penalty. (HB2309)

Introduced By

Del. Emily Brewer (R-Suffolk)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Condition of parole; Sex Offender and Crimes Against Minors Registry; penalty. Requires any person released on parole who was convicted of murder or any Tier I, Tier II, or Tier III offense prior to July 1, 1994, who is not required to be registered in the Commonwealth with the Sex Offender and Crimes Against Minors Registry to register, reregister, and verify his registration information with the Registry as a condition of his parole. The bill provides that the provisions and procedures of the Sex Offender and Crimes Against Minors Registry Act shall apply mutatis mutandis. Read the Bill »


Bill Has Failed


01/20/2021Presented and ordered printed 21102962D
01/20/2021Referred to Committee for Courts of Justice
01/21/2021Impact statement from VCSC (HB2309)
01/26/2021Impact statement from DPB (HB2309)
01/28/2021House subcommittee amendments and substitutes offered
02/05/2021Left in Courts of Justice


Ut Prosim writes:

Since the 2020 passage of changes to the primary registry, there have been numerous complaints of erroneous registration letters sent by Virginia State Police between July 2020 and last month. Each mistake costs Virginia taxpayers $11.20 in postage alone. Annually taxpayers expend $7.5 million for Sex Offender Registry Program Enforcement and $3.2 million to manage the Sex Offender Registry Program.

In 2015, at the request of a single victim, the General Assembly created a supplemental registry that lists those convicted on or after July 1, 1980, and before July 1, 1994. Virginia State Police is also responsible for managing the supplemental registry. After several requests from citizens, that agency continues listing citizens who are deceased. The initial passage of so-called Robby's Rule was ridiculous, adding nearly 6,000 citizens' information to a public registry. Its implementation has been more ridiculous. Consider supplement registrant Elmer S Baber, born in 1913, convicted on March 28, 1988 at the age of 74. Oh, but he died on May 27, 1996, nearly two decades before the punitive legislation passed with overwhelming bipartisan support.

The stated fiscal impact of the bill is nonsense. How could rational thought conclude that Virginia State Police will not incur an even heavier workload to register and reregister an unknown additional number of citizens, some for the rest of their lives?

There is no evidence that citizens currently on parole who committed a sex offense prior to 1994 have posed any risk to the community. There is no evidence that citizens currently incarcerated for a crime unrelated to sex are a risk to society because they committed a sexual offense prior to 1994.

For those that have been released on parole without any *other* criminal act is evidence that these people should not be placed on the registry. They have proven that they are not a threat to society and do not warrant the Commonwealth's scarlet letter.

The bill drags any pre-1994 sex offense conviction - Tier I, Tier II, or Tier III - onto the registry. And that's branding more and more citizens with the Commonwealth's public scarlet letter for 15 years, 25 years or life.

HB 2309 with its requirement to expand the primary registry should be killed and the supplemental registry should be discontinued or at least "managed".