Sex offenses; prohibiting proximity to children and school property, penalty. (SB921)

Introduced By

Sen. John Cosgrove (R-Chesapeake)

Progress

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

Description

Sex offenses prohibiting proximity to children and school property; penalty. Adds certain prostitution and commercial sex crimes to the list offenses that would prohibit an adult if convicted of such offense from (i) loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school, (ii) working or engaging in any volunteer activity on property he knows or has reason to know is a public or private elementary or secondary school or child day center property, and (iii) entering or being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, a school bus, or any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/06/2023Prefiled and ordered printed; offered 01/11/23 23100747D
01/06/2023Referred to Committee on the Judiciary
01/06/2023Impact statement from VCSC (SB921)
01/18/2023Passed by indefinitely in Judiciary (9-Y 5-N) (see vote tally)

Comments

Mary D. Devoy writes:

The bill summary says "Adds certain prostitution and commercial sex crimes to the list", it adds ALL Tier 1 and Tier 2 crimes with a minor.

Senator Cosgrove doesn't believe in Virginia's Tiered Classification System where Tier 1 is the lowest, Tier 2 is middle and Tier 3 the highest.

Virginia Tiers are based on the conviction that the Commonwealth's Attorney AND that the judge agreed to in a plea OR that a jury decided on based on the charges and specifics of THAT case.

With this blanket bill Senator Cosgrove is saying we should manage all Tiers exactly the same. That the specifics of the case do not matter. That the deal or conviction that the judge or jury decided doesn't matter.

This means a parent or a grandparent who is a Tier 1 or 2 could not drop off or pick up their child or grandchild from school. What if there is no bus available for the student? They could not pick their child or grandchild up if they are sick. They could not attend their sporting event, band competition, honor society ceremony or even graduation on OR off school property. A parent or a grandparent who is a Tier 1 or 2 could not walk their child to or from the bus stop, they would have to stand back 101+ feet from the stop which means the child might have to cross an intersection by themselves or stand in the rain instead of inside a car at the designated stop.

Not because they've done something on school property but because Senator Cosgrove wants to punish the parent or grandparent even further. Well he is instead punish the child, children or grandchild by banishing their guardian from school bus stops, school property and school sponsored functions on or off school property.

The process in Virginia code to petition a school to gain permission to be on school property IF you fall into the current Tier that is prohibited is costly, lengthy and humiliating not just to the petitioner but to the child or grandchild that they are attempting to raise. The petition success rate is practically zero and Senator Cosgrove knows that.

There is no need for this bill just Senator Cosgrove's continued desire to ratchet up the punishment for those on the VSP SOR including banishment, this is his now his 2nd banishment type bill .