RichmondLiberty.org

file GA08-01-28
General Assembly, Monday January 28th, 2008

(It was 11 pm before I got home, after walking from the nearest bus line still running. Ate, fell asleep before getting this finished and sent. Sorry.)

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*** Question (from e-mail):
"Is it possible for me to attend one of these meetings and listen in and take some notes? I am not any sort of government official; simply a citizen activist."

*** Answer:
OF COURSE you can attend these meetings. This is why I list time and place in my reports. Every single one of them is open to the public. The schedule of times and locations is online, at:
http://leg1.state.va.us/cgi-bin/legp504.exe?081+oth+MTG. For most meetings, there's a link to the right labeled "committee info". Click it, and it will lead you to listings of the members of the committee, and a list of all bills which they have on their plate, and one or more "dockets" showing the bills that they intend to work on during a particular meeting. See the "DETAILS" and "REMINDER" sections at the end of each of these reports.

Not only can you attend, but at most of them you may speak out on the issues which concern you. Let me clarify that, though. You can't just go in and start spouting off on how your local politician is a jerk (true though it may be). What you can do is to wait until a bill about which you're concerned is being considered by the committee, and listen.

The chair will announce the bill, then the patron will explain it and possibly ask other people to speak in favor of it. Then the chair will ask if there are any members of the public who would like to speak in support of the bill. After that, s/he'll ask if there are any members of the public who would like to speak against the bill.

Your chance to speak is during one of those latter two moments. Just walk to the lectern, point the mike at your mouth, tell "Mr. [or Madam] Chairman and members of the committee" your name and any group which you may be representing, and then talk. When you finish talking, thank them for listening, and say that you'll be happy to answer any questions they may have.

You should remember that talking to your legislator while they are NOT in session is more effective than trying to hook up during the session, or just testifying before a committee. The websites are up all year round, and show you how to find and contact your Delegate and Senator.

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There was an 8:30 am meeting of Senate Courts of Justice Committee. They're dealing with the mental-health bills, and I didn't need to be there, so I wasn't.

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1/2 hr after House adjourned, the House Courts of Justice met.

Most bills noncontroversial.

HB1556, Cline, requires an ultrasound examination before performing an abortion. Proponents say it avoids problems stemming from bad estimates of gestational age; opponents say it's another attempt to make abortions more difficult and expensive.

Reported.

Committee adjourns, 2:50 pm.

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2:52 pm, House Courts of Justice Criminal Law Subcommittee met.
Chairman estimates meeting will last until 9 or 11 pm. They have over fifty bills on their docket. Notes below are bills in numerical order, not the order in which they were considered.

HB159, Albo. Provides that if a law-enforcement officer tells a person in possession of stolen property that the property is stolen, the person shall be charged with the knowledge that the property is stolen.

Yep, that's what it actually says. You buy (or find in an alley) something, in all good faith, and then a cop comes along and tells you that it's stolen property . . . and then arrests you for KNOWINGLY possessing stolen property. This one needs a bit of work.

Later this afternoon, we get a substitute version of the bill. This one makes clear what the original bill did not; if the cops are doing a sting, using stuff that they're pretending was stolen but actually isn't, if they tell the suspected fence that it's stolen property and he buys it anyway, it's still illegal.

They're still re-working the language; bill passed by for the moment.

Two hours later, new substitute version, better worded. Argument over one comma takes over five minutes. (Can't really gripe about that, though, given that a misplaced comma in a criminal statute can put people in the pen or keep them out.) Amended.

Recommended.

HB296, Hargrove, Death penalty; 5-year moratorium on executions.
HB299, Hargrove. Death penalty; abolishes for all Class 1 felonies committed on or after July 1, 2007.

These two are being heard together. Delegate Hargrove has pushed this issue for years, without success and without flagging.

Numerous speakers, including me, in favor of the bills.
Jack Knapp (Independent Baptist Assn.), and representative of Commonwealth's Attorneys speak for.
Same old arguments on each side.

Delegate Gilbert opposes bills, reaffirms respect for Del. Hargrove, agrees with him that eventually the moritorium will pass. Gilbert moves to "gently lay on the table"; Armstrong makes a substitute motion to PBI (kill) it. Without objection, HB299 is dead.

After a moment of additional discussion, HB266 follows it.

HB436, Miller, Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law, the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest is discretionary when the person fails to stop the unlawful act.

This is another attempt to change the law that we got passed back in the seventies. The significant thing about it is not merely that an "arrest" lets the man haul you off to jail and make you post bail, but more importantly an "arrest" means that you can be searched, and anything found can be used as evidence against you.
In the case which led to this bill, a man named Moore was stopped by police for a minor offense which should have resulted in a summons. Instead, police arrested him, searched him and also searched his hotel room, making more serious charges as a result of that search. Virginia Supreme Court overturned that conviction, creating earthquakes among law enforcement agencies who had been routinely ignoring the law for decades.

This bill has been here before, where it passed this committee 17-3, and passed the House easily, but died in the Senate. This year may well be a repeat.

Proponents say that the police need this to do their jobs, though let us not forget that in last year's testimony they admitted that they want the power to search people whom they think may have something illegal on their person.
Opponents say that there are enough reasons laid out in the law to allow arrest whenever there's a real reason to do so, and that allowing at the unfettered discretion of the officer is to invite abuse.

AG's office in favor.
Bushnell, C.A. Henry County, pro
Bob Devon, State Police, pro. Says no abuse by VA cops.
Hope Amezquita, ACLU against, (also Virginia Organizing Project).
Latino People's Coalition against -- profiling.
Philip Van Cleave, VCDL, opposed.
D. J. Geiger, Indigent Defense Commission, against -- discriminatory enforcement.
Jane Chittom, Appellate Defender -- who handled the appeal that gave rise to this case -- against; gives background.
Claire Gustanaga Latino Peoples' Coalition against -- profiling, discriminatory enforcement.
Mark [ Sorry, did not catch last name or affilation] against.
I spoke against the bill.

Delegate Gilbert moves report, second. Miller repeats that this is important, and that police officers will not abuse their powers. Vote. Bill is recommended, 2 noes.

HB491, Amundson, Indecent exposure; penalty.

Extends indecent exposure laws to being nude in your own home. Discussed at previous meeting, many faults, there should be a fix offered today.

Not heard at this meeting.

HB574, Watts, Child sex offenses. Creates a number of new crimes labeled "indecent liberties with children" that mirror, and expand upon, existing offenses but with new victim age classifications and specific offender classifications. The bill also provides that any person who is convicted of such an offense and was previously convicted of such an offense or of any offense set forth in subsection B of § 18.2-67.5:2 (felony sexual assaults) shall upon conviction be sentenced to the maximum term authorized for the offense and shall not have all or any part of his sentence suspended.

I had been concerned about this bill, since it appeared to make no dispensation for the case where the "adult" is only days older than the "child", but it turns out that this is covered. It would still be a crime, but there's no penalty specified in simple cases.

Approved and to lockbox.

HB710, Janis, Self defense and defense of others.Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person.

Proponents say that you shouldn't have to worry about being sued, or arrested, when someone breaks into your house to rob or assault you. Opponents say that that hardly ever happens, and that if this bill is passed you could invite an enemy into your home, then murder him and claim that he had assaulted you.

Passed by twice, waiting for patron.
Expected to be heard at Wednesday's meeting.

HB876, Loupassi, DUI Court; establishing in City of Colonial Heights and Chesterfield County. Allows Chesterfield and Colonial Heights General District Courts to use a special docket to run a driving under the influence court based on the state drug court model. Participants will be those who violate ASAP program requirements, but participation will not result in a reduction of charges.

A DUI courts is similar to drug courts, which have proven to be useful in rehabilitating drug users. After considerable discussion, some of it heated, the subcommittee rejected the notion of extending the concept to DUI offenses. PBI.

HB893, Lohr, Juvenile detention facility employee; assault and battery against, penalty.

Makes it a felony to commit A&B against yet another "special" class of people, who's lives are so much more important than our.

Not heard at this meeting.

HB931, Gilbert Methamphetamine; manufacturing, selling, giving, and distributing thereof, penalty.

Raises penalties, adds mandatory minimums, because this is the drug of the year, much more dangerous than any other drug. Next year it'll be a different drug.

Recommended for approval, and into the lockbox, without any real chance to object. This was the Borg -- resistance is futile.

HB932, Gilbert, Firearms; reckless handling, penalty.

Provides a Class 6 felony if the reckless handling of a firearm unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment.

Substitute version better worded, less likely to be misused in cases of simple accident. No opposition.

Recommended.

HB1043, Watts Sex offense victims; use of polygraph examination.

Substitute version adopted, reflecting previous hearings.

Provides that no complaining witness of any alleged offense involving criminal sexual activity shall be requested to submit to a polygraph examination as a condition of proceeding with an investigation of the offense. This is needed to comply with federal guidelines.

Much discussion of technicalities in language. Bill passed by for the moment to allow more work. No decision yet.

HB1488, Sherwood, incorporated into this bill.

Sorry, my notes don't show whether this bill was finally approved or is still being worked on.

HB1044, Watts, Crimes Against Minors & Sex Offender Registry;

Sex Offender Registry. Makes it perfectly clear that persons convicted under certain Code sections that were amended by the 2007 General Assembly must register even though the sections have been rewritten. The bill requires the registration of any conviction of certain crimes involving use of a communications system to facilitate certain offenses involving children rather than current law which requires registration only when the victim is a minor or is physically helpless; because the crime exists only if the victim is a minor. The bill also revises definitions to make it clear that an out-of-state conviction for a registerable offense has the same status as a Virginia conviction.

Recommended.

HB1126, Jones, Abortion or miscarriage; intent to destroy unborn child, penalty.

Provides that any person, including the pregnant female, who causes abortion or miscarriage is guilty of a Class 4 felony. The bill excepts medically approved contraceptives as a means of producing abortion or miscarriage.

Planned parenthood against the bill, as being a slippery slope toward outlawing abortion. I spoke against, pointing out that it covers traditional abortifacients such as herbs or tea, and that some grandmothers, shamans, and healers will be made criminals.

Delegate Watts attempts, without success, to remove language about drugs and substances. Points out that it even outlaws some exercises.

Recommended for approval, and to lockbox.

HB1156, Phillips, Penalties for drug distribution resulting in death or serious bodily injury. Imposes mandatory minimum punishments of from one to ten years for drug manufacturing or distribution and requires that sentences be served consecutively.

Too expensive.
Never in 400 years of law -- per counsel
Spoke against -- personal responsibility.
Will be toned down considerably to make it cheaper
Only lukewarm support on Committee
Revised version on docket for Wednesday.

HB1366, Cline, Probation; waiver of Fourth Amendment rights as condition of probation. Provides that among the conditions the court may impose upon a probationer is that the person, vehicle or home of the defendant shall be subject to search without a warrant during the period of his probation when the search derives from a violation of other conditions imposed upon the defendant by the court or arises out of a suspicion that the defendant is engaged in conduct the same as that or substantially similar to that for which he was convicted, provided that such condition may be imposed only upon a defendant convicted of a felony violation under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (controlled substance violations) or a violent felony as defined in § 17.1-805.

In other words, this says that drug offenders could be required to allow searches for as long as they're on probation. It would also allow search of ones car or home. As Committee discussions brought out, this includes searches of the residences of other people, as when a probationer is staying at hs parents' home.

This would appear to be a flagrant violation of rights, but in fact these conditions are already routinely part of many "voluntary" plea bargains.

Sorry, notes don't show final action here. I THINK, but do not guarantee, that it's being re-worked to cover only personal searches, not car/home.

HB1488, Sherwood, was incorporated into HB1043, Watts.

Committee adjourns about 9:45. next meeting Wednesday.
42 bills tonight. Hope to have no after meeting Friday.

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Next significant meetings are:

8:30 a.m. House General Laws; House Room C, General Assembly Building -- Mostly ABC laws

8:30 a.m. House Health, Welfare and Institutions; House Room D, General Assembly Building -- Drug test results for minors

House and Senate convene at noon.

1/2 hr aft Senate Courts of Justice Criminal Subcommittee; 3rd Floor East Conference Room, General Assembly Building -- Numerous bills, including most importantly SB88, allowing expungement of decades-old marijuana charges.

5:00 p.m. House Health, Welfare and Institutions - Subcommittee #3, Institutions; 5th Floor West Conference Room, General Assembly Building -- no docket yet

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DETAILS:
To see the summary, text, status, estimated cost, votes, or other details on any bill, go to:
http://leg1.state.va.us/. Click on:
“Bills & Resolutions – status of individual bills and related information”.
At the text-entry block, enter the bill and type just as I have it listed above. (Use “SB921”, not “S.B. 921”, for example.)

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REMINDER:
http://leg1.state.va.us/ and http://legis.state.va.us/
These are the two websites where you can access nearly anything you want to know about practically anything related to the General Assembly. Use them!