RichmondLiberty.org

file GA08-02-29
General Assembly, Friday February 29th, 2008
Less than ten days until adjournment!

1/2 hr aft House Courts of Justice
Sex, guns, privacy.

52 bills left the docket, including these.

SB114, McDougle, SUBSTITUTE Sex offenders; application of prohibitions & school proximity prohibition to out-of-state violators.

Reported in block; no discussion.

SB153, Stuart, Community service landscaping program; VDOT Commissioner to establish.
Requires the Commissioner of the Virginia Department of Transportation to establish a program whereby nonviolent misdemeanants who have a suspended sentence or who are on probation will mow rights-of-way or perform other landscaping tasks that VDOT is responsible for. The bill also provides civil immunity for the officials who participate.

Sounds like a lot more fun than sitting in a cell.
Reported in block; no discussion.

SB164, Lucas, SUBSTITUTE Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed.

Reported in block; no discussion.

SB222, McDougle, Firearms; possession by persons who committed felonies while juveniles.
Provides that despite the date of his conviction, a juvenile adjudicated delinquent of certain heinous felonies shall not, when he reaches the age of 29 years, be entitled to possess a firearm. Currently, the prohibition on possession after the age of 29 exists only for juvenile felonies committed on or after July 2005.

This was an attempt to fix an extremely convoluted and confusing section of the Code. We heard at least two, and I think three, explanations of current law vs. changes that would be made by the bill. Confusion still prevailed.

Motion to lay on table failed, 7-9.
Reported to full House, 17-0.

SB226, McDougle, SUBSTITUTE Firearms; answering mental health questions on consent form required when purchasing.
Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, been found incompetent to stand trial, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment.

Substitute is offered, then amended to conform with discussions yesterday evening on similar bill, in that branch of the General Assembly to which we do not refer within this Committee.

Final version covers three Code sections, "or any substantially similar" cases in other states, and also amends existing Code section. That section now prohibits possession and transport of firearms, but does not specifically prohibit purchase.

Reported to full House, 15-0.

SB590, Howell, SUBSTITUTE Sex Offender & Crimes Against Minors Registry; person may petition circuit court to be exempt.
Makes various amendments addressing the Sex Offender and Crimes Against Minors Registry including which crimes require what level of registration and the length of registration in order to ensure that Virginia law complies with the federal Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16901 et seq.).

The ORIGINAL bill also allows certain persons convicted of carnal knowledge to petition the court to register as a regular sex offender rather than a violent sex offender. This SUBSTITUTE does not have that provision.

This substitute adds some additional crimes, and also no longer has "safety cushion"; adult of 18 years and one day can be charged with crimes with child of 17 years, 11 months, and 25 days.

Advocates hope to get change in conference committee.

Reported to full House, 15-0.

An hour later, RECONSIDERED.
Turns out they made an error. Amended to fix oversight.
Reported, 17-0.

SB618, Stolle, Petit larceny; person who is convicted for second time must undergo substance abuse screening.

Reported in block; no discussion.

SB623, Stolle, SUBSTITUTE Illegal aliens; presumption of no bail for those charged with certain crimes.
Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), any offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person) except any offense under subsection A of § 18.2-57.2, any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall not exist unless the United States Immigration and Customs Enforcement has guaranteed that, in all such cases in the Commonwealth, it will issue a detainer for the initiation of removal proceedings and agree to reimburse for the cost of incarceration from the time of the issuance of the detainer.

Translating the "official" summary above:
IF someone is arrested for certain crimes,
AND IF they've been identified by the Feds as being an illegal alien,
THEN there's a presumption against setting bail,
BUT IF the Feds don't promise to deport and pay tab,
THEN IF the charge is for a misdemeanor, or for a drug crime, the presumption does not apply.
(It would have been a LOT easier to flow-chart that!)

Had not intended to get involved with this issue, since there are lots of others to fight immigration-related issues. Hadn't read the bill at all, until I overheard that the list of "serious crimes affecting public safety" included "any felony violation" of the drug laws. Indeed, that's what it says: "any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2".

There were at least seven people speaking against the bill, representing at least four different groups. Can't list them all, won't try. They said that the bill will lead to profiling, and increase fear of the authorities among immigrant community. [I rather think they're right.]

I spoke, for Virginians Against Drug Violence. Questioned the morality of making this increase in punishment -- which is what denial of bail is, in reality -- depend on whether or not a federal agency makes promises to deport people and pay us money.
Pointed out that drug felonies include not merely trafficking, but simple possession of any amount of any Schedule I and Schedule II drugs. If someone has a crumb of opium, or a single coca leaf, or there's a smidgeon of cocaine not wiped off the dashboard of a car, that's a drug-related felony.

Committee members were not impressed by any of the testimony against the bill -- though I must say that the Chair, Dave Albo, and most of the Committee members, displayed amazing patience and unfailing courtesy.

Bill is amended to include domestic violence, against the advice of Delegate Melvin. This bill is from the Commission, and changing it is ill-advised after all the work that was done.

Amended bill is reported to full House, 17-0.

SB786. Deeds, SUBSTITUTE Sexual assault; Dept. of State Police, etc. establish policies for responding to crimes involving.
Requires that the Department of State Police, local law-enforcement agencies and campus police departments establish written policies and procedures regarding response to incidents involving sexual assault. The Department of Criminal Justice Services is directed to provide law-enforcement agencies with technical support and assistance in developing the policies and procedures and to submit a report on their implementation to the chairmen of the House and Senate Courts of Justice Committees by December 1, 2009.

Reported in block; no discussion.

Committee rose moments before 5 pm.

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Next significant meetings are Monday:

9:00 a.m. Senate Courts of Justice; Senate Room A, General Assembly Building
Sex, guns, privacy.
LAST MEETING!

10:30 a.m. Press Conference - Concealed Carry On Campus; House Briefing Room, General Assembly Building
(Probably to explain how this would save lives.)

Noon: House and Senate convene.

Time uncertain: House Courts of Justice
LAST MEETING!

1/2 hr aft House Courts of Justice and Senate Courts of Justice - Judicial Interviews; House Room C, General Assembly Building

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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.)

------------------------------------------------------------------

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!
__________________________________________________________________

Posted by Roy B. Scherer at 08:13 PM | Permalink | TrackBacks (0)

file GA08-02-28
General Assembly, Thursday February 28th, 2008

"Some days you eat the bear; some days the bear eats you."
Today I ate lots of bear, only got a couple of bites in return!
Long day, and couldn't do much typing while stuff was happening. Doing this from paper notes in evening; tired. Don't expect as much detail as is often offered.
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Fell asleep while doing this report. Sorry, will finish and post it ASAP. In the Richmond Times-Dispatch (just delivered) I commend to your attention two articles illustrating one reason that I think it's worth working on these issues. See:
http://tinyurl.com/34hnj5 and http://tinyurl.com/387tl3

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8:30 a.m. Senate Education and Health
Sex/abortion, religion, dope

HB312, Landes, Miscarriage or stillbirth; unintentional cause thereof.
Makes it a Class 5 felony for a person who, while engaged in conduct so gross, wanton, and culpable so as to show a reckless disregard for the life or safety of others to injury another person who is pregnant and such injury results in a miscarriage or stillbirth.

This came about because an idiot ran down a woman who was close to giving birth. She wasn't injured very badly, but it caused a miscarriage. If the woman herself had been killed, or even maimed, there would have been severe penalties; since she wasn't, there was no applicable law to enhance the punishment to reflect the loss of a potential child.

[THIS IS ALL MY OPINION! The adage is, "Hard cases make bad law." Here's yet another example. The patron complains that his bill -- which is supported by, among others, our own Commonwealth's Attorney, Michael Herring -- is being tangled up in and burdened down with the debate over abortion. He's right, of course. Earlier bills similar to this one tried to make destroying a fetus defined as murder or manslaughter, and opponents rightfully thought that these were back-door attempts to redefine a fetus as a human person. People who do not think that a developing embryo is human are understandably very careful about the wording of bills that resemble those. I don't think that this is such a bill, but I've been wrong before.]

After quite a bit of discussion, and several witnesses both pro and con, the Committee decided to ask the State Crime Commission to study the problem and develop a better way to address it.

Bill is carried over to next year, 15-0.

HB429, Marshall RG, Abortion; forced or coerced prohibited, penalty.
Provides that any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. However, if such a violation is committed when the pregnant female is less than 18 years of age, the person is guilty of a Class 6 felony.

Committee voted, 10-5, to kill the bill.

HB894, Lohr, SUBSTITUTE Abortion; licensure of clinics.
Requires all abortion clinics, defined as any facility other than a hospital or an ambulatory surgery center in which 25 or more first trimester abortions are performed in any 12-month period, to be licensed and to comply with the requirements currently in place for ambulatory surgery centers except the requirement for a certificate of public need. The Board of Health may also waive certain structural requirements.

This is yet another substitute version of the bill, scaled back from the original. Defines "abortion clinics", requires additional equipment and inspections.

Conflicting testimony and "facts", too many to recount. Usual suspects on each side, usual arguments.

Bill is killed, 10-5.

HB1126, Jones, Abortion or miscarriage; intent to destroy unborn child, penalty.
Provides that any person, including the pregnant female, who administers to or causes to be taken by a pregnant female any drug or other thing or uses means with intent to destroy her unborn child or to produce abortion or miscarriage and thereby destroys such child or produces such abortion or miscarriage is guilty of a Class 4 felony. The bill excepts medically approved contraceptives or legally prescribed medication as a means of producing abortion or miscarriage. Current law does not with specificity include the pregnant female as a possible perpetrator.

A very depressed woman down near the beach deliberately shot herself in the abdomen in a successful effort to terminate her late-term pregnancy. That inspired this bill.

Jessica Nonke from Virginia League of Planned Parenthood opposed: pregnancy-related depression serious problem, treat rather than prosecute, slippery slope.

I opposed: criminalize women who might use traditional herbs or exercises to terminate unwanted pregnancies; also criminalize grannies and shamans.

There were other speakers pro and con; notes unclear and memory more so. Sorry.

Bill is killed, 9-5.

HB1135, Fralin, SUBSTITUTE Public schools; student's voluntary expression of a religious viewpoint.
Expression of religious viewpoints in the public schools. Provides that a student's voluntary expression of a religious viewpoint on an otherwise permissible subject must be not be discriminated against by local school divisions.

Once in a while, some teacher will refuse to accept a student's assignment because it has religious views. This is in pretty clear violation of the Virginia and US constitutions, of course, but the concept isn't always clear to everyone.

This version makes clear that schools can't reject an assignment because it has a religious theme, but must judge it by the same standards used for non-religious work. It also makes sure that a student can't claim an "A" just because he talks about religion.

Hope from ACLU opposed the bill as written. Legislation really shouldn't be needed here, given how clear the Constitution is. When such issues arise, usually all it takes is a letter from ACLU to set the teacher or administrator straight. If there's to be a statute, it should cover not merely religious viewpoints but be broader. [She's quite right, of course. There should be no penalties for writing in praise of the free enterprise system, or reviving mortal gladatorial contests, or legalizing drugs, or establishing a monarchy in the US. Thoughts and speech should be free, and judged on their merits.]

Spokesman for Family Foundation is in favor of the bill. Counters the war on religion that's threatening to destroy the family which is the basis of Civilization As We Know It.

Spokesperson from Jewish Community Center in favor.

I spoke, as an individual. Said that this was a first; was opposing my friends at the ACLU, and agreeing with the Family Foundation.
(In related news, Hell froze over.)
Favored the bill, though wished it wasn't necessary, and wished that it were broader. Good first step, could be expanded later.

Committee discussion. Everyone on Committee agreed (as had all the witnesses) that the real solution was better teacher/administrator education.

REPORTED, 12-1, 2 abstentions (later quietly amended to 13-1-1).

HB1315, Byron, Informed consent for abortion; ultrasound required before performing to determine gestation age.
Requires that, as a component of informed consent to an abortion and determination of gestation age, every pregnant female shall be given the opportunity to view an ultrasound image of her fetus prior to the abortion.

This is viewed by many as a way to increase the costs and difficulties of abortion, rather than an attempt to protect the health of the mother. Testimony from the usual suspects.

Bill is killed, 11-4.

HB1400, Pogge, SUBSTITUTE Minor's drug test; disclosure of results.
Provides that a parent, legal guardian or person standing in loco parentis may obtain the results of any drug test of a minor or a minor's health records, except when the minor's treating physician or the minor's treating clinical psychologist has determined in the exercise of his professional judgment that the disclose of heath records or the results of any drug test of the minor would be reasonably likely to cause substantial harm to the minor or another person. This bill also provides that a minor shall not be deemed an adult of the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment, or rehabilitation for substance abuse.

Minors are deemed adults for several purposes, including getting help for substance abuse problems. This means that they can consent to, or refuse, tests and treatment options, and are entitled to privacy of medical records. Present law says, however, that if they are NOT in treatment for substance abuse, they are NOT considered adults in these matters, and that the parents/guardians/loco parentis are entitled to receive the rsults of "non-diagnostic" tests. There's confusion on this point, and this bill attempts to make it clear by repeating that parents can get their kid tested, and can see the results.

Patron says that this does not change current law, merely clarifies it. Newest version (third) more narrowly drawn than earlier ones. Loving parents should be able to have information needed to help their children through terrible affliction of substance abuse.

I opposed, for Virginians Against Drug Violence. If the bill truly does not change existing law, then obviously not needed. Endorsed view of only physician (pediatrician) on Committee, Ralph Northam. Recounted my experience in field, with counseling/education groups. Far better to take kid to doc and have the doc talk w/kid in private than to demand kid be tested and you be told. Counter-productive to encourage parents to force testing. Kids die when this is done.

Interestingly, Senator Newman had a question for me. Has heard me for years down at GA, and asks whether or not it's my position that drug laws should not be enforced. Was happy to answer him.
"No, Senator. I do not think that the laws should not
be enforced. I think that the laws should not exist."

After further discussion in Committee:
THIS BILL IS KILLED, 10-5.

HB1556, Cline, Unborn child pain information; requires doctors to offer to anesthetize fetus prior to abortion.
Requires doctors to offer to anesthetize a fetus prior to abortion and to include in informational materials a statement that a fetus at 20 gestational weeks has the physical structures necessary to feel pain and react to physical stimuli in a manner that, in an infant or adult, would be interpreted as a response to pain.

Proponents (patron, Society for Human Life, others) say needed to prevent torture as unborn child is murdered.

Opponents (Medical Society of Va., OB-Gyn at MCV, Planned Parenthood, others) say not needed, no valid medical technique to poke needle through cervix into fetus, just another way to impede access to needed medical services.

Bill is killed, 10-5.

Committee rises from its last meeting of the session after thanks from Chair and others for good work by staff and public.

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House convened at noon.

Little to report from the session itself, punctuated as it was with recesses as conference committees met to try to reach agreement with Senate on various bills.

While running up to get coffee during a break, however, I did run into a band of people wearing "Freedom Works!" tags. They didn't actually look like terrorists, but you know what they say about Libertarians: "gun-toting economists on drugs"! They probably think people should be allowed to make their own decisions, even if those decisions are wrong, which is clearly heresy. They have a website at http://freedomworks.org/.
[Having mentioned that, I should also note that these reports are online at http://www.richmondliberty.org/.]

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Adj Trans Senate Courts of Justice
Arrest-on-whim, sex, mental health, secret police, guns

Committee called to order a bit after 3 pm. 41 bills on the docket. Very many of these vitally affect the freedom of Virginians; only the most important ones are reported here.

HB436, Miller JH, Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer.
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.

Would allow officers unlimited discretion to arrest or issue summons. Current law, widely ignored, REQUIRES a summons except in several particular circumstances. Difference is that, with arrest, officer gets to search suspect, and use anything found to either arrest on more serious charge, or justify investigation/warrants for more serious charges.

This has been law since 70s, and there was an AG's opinion in '91 confirming interpretation. Nonetheless, we've heard repeated claims that law is unclear, and acknowledgement that many departments have been routinely violating it. Case now on appeal from Va. Supreme Court to US Supreme Court held that when police arbitrarily choose to arrest (in violation of law) instead of issuing summons, any evidence following as result of that arrest cannot be used.

Proponents explain that this change is required to prevent the collapse of Civilization As We Know It. There are only five states who do not allow officers this power. Law must be clear.

Fiscal impact statement associated with bill is incomplete. Looks only at per/day cost of keeping prisoners in jails. This completely overlooks cost of actually arresting person, rather than issuing a summons. Estimates for this range from $300 to $2,000 per person.

We have never heard how this issue is addressed in the other states with similar laws. Are these 4 or 5 states overrun with criminals, or do they perhaps have some workable system?

Counsel Benjamin explains background of bill, still in litigation. Chairman Marsh is clearly not enthusiastic about it, Senator Stolle is plainly against it. Stolle reminds members that law was quite clearly understood when he served as police officer, and as narc, and when he taught classes of police officers.

No public input accepted (many ready and waiting to speak).

Bill is carried over to next year, which is to say that:
THIS BILL IS DEAD!

HB567, Crockett-Stark, SUBSTITUTE Sexual offenses; those convicted prohibited entry onto school property.
Provides that every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and 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. Currently, the prohibition only applies during school hours.

Substitute version, amended somewhat to allow attendence for "religious ministry", technical amendments.

Public comment allowed from only one person, advocate; opponent Lee-Lee not recognised -- inadvertantly, I hope.

Reported to full Senate, 15-0.

HB576, Watts, SUBSTITUTE Mental health records; health provider shall disclose information to provide care, etc. of minor.
Provides that any health care provider or other provider rendering services to a person subject to involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties related to the commitment proceedings. The bill also provides that any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. This bill incorporates HB 1324.

Another response (as MANY are this year) to Virginia Tech murders.

Counsel Benjamin explains that the bill appears to violate HIPAA (federal Health Insurance Portability and Accountability Act, which BTW already contains huge provisions for governmental access to medical records), and that if it does then people relying on this act will be subject to fines, jail, and civil lawsuits. Bill purports to grant immunity from such results, but generally speaking, state laws cannot grant immunity from federal laws. He's asked AG's office for explanation of their assertion that this is OK, but has received only inadequate response. In addition, there have been misleading and even false statements regarding which parties and agencies have approved the bill during the drafting process. Without more information, he cannot assure the Committee that this bill is constitutional, nor that it is not in conflict with federal law.

AG's representative says will be happy to provide all needed information, but does not have it in hand at this hour.

Bill is carried over until Monday's meeting.

HB622, Brink, SUBSTITUTE Sexual offender; prohibited from residing in public park in proximity to children.
Prohibits a person convicted of certain sex offenses from living within 500 feet of a public park that is adjacent to a primary, secondary or high school. A violation is a Class 6 felony and there is an exception if the public park was established within 500 feet of the offender's residence subsequent to his conviction.

Previously worked on in subcommittee; see earlier reports.

Substitute reported, 12-0.

HB709, Janis, SUBSTITUTE Firearms; person legally incompetent, etc. prohibited from purchasing.
Purchase of firearms; consent form; mental health questions. Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment.

Questions on this bill, which mandates questions on form that are tied to specific sections of Code of Virginia. What about people who were at one time disqualified but are now OK; what about people who had actions in other states that would have disqualified them if had occurred in Virginia; one Code section does not actually prohibit purchase.

Patron explains privately that previous testimony in subcommittee verified that answering "Yes" on questionaire would not mean automatic disqualification, merely to "Please explain" space on other side of sheet.

Committee discussion establishes that the bill does not address occurrences in other states, because there is no system yet in place to make that information available to Virginia authorities.

After prolonged discussion, Committee decides to conform the bill to SB226 (Senator McDougle's bill on the same subject) for now to progress the bill. Sen. McDougle and Delegate Janis are both sure that they can reach agreement on language, and produce a good bill.

Reported to full Senate, 15-0.

HB995, Bell, Unlawful filming of another; penalty increased to Class 6 felony.
Adds the misdemeanor offense of unlawful filming of another to the statute that makes the third offense of certain misdemeanor sex offenses a Class 6 felony. Under current law unlawful filming involving a nonconsenting person under the age of 18 is a Class 6 felony.

Another case of changing state law to address one instance. Idiot in Charlottesville (at UVA) has video camera on a stick, has repeatedly used it to look up women's skirts. Arrests and convictions haven't deterred him.

Discussion, good amendment.

Reported, 15-0. Re-referred to Finance committee.

HB1007, Jones DC, SUBSTITUTE Fusion Intelligence Center; confidentiality and immunity from service of process.
Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department and employees of other agencies assigned to the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.

This is the Double Secret Secret Police bill, described previously.

Substitute version, addressing many issues, reported, 13-0.

HB1414, Scott JM, Concealed handgun permits; revocation upon notification of State Police.
Requires the court that issued a person a concealed handgun permit to revoke the permit upon notification by the State Police that the person has been convicted of an offense that would disqualify him from obtaining a permit or if the person is adjudicated legally incompetent, mentally incapacitated, or is involuntarily committed. The law currently requires such persons to forfeit and surrender their concealed handgun permits, but does not require the issuing court to revoke the permit.

Requires revocation, not merely suspension, of licenses for what may be temporary incapacitations, such as stroke victims who may be fully recovered in less than a year. I was asked to cover this on behalf of Virginia Citizens' Defense League, and attempted to address the problem with the Committee. Committee not receptive, pointing out that disqualification requires court adjudication, and restoration of rights also requires court action. This doesn't really address problems, of course, but everyone is eager to go home . . .

Bill is reported to full Senate, 13-0.

Committee rose just before 7pm, with one meeting remaining before session ends.

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Next significant meetings are Friday:

8:30 a.m. Senate Rehabilitation and Social Services; Senate Room B, General Assembly Building
ABC/censorship. I will not attend.

10 am House convenes.

11 am Senate convenes.

1/2 hr aft House Courts of Justice; House Room C, General Assembly Building
Sex, guns, privacy.

------------------------------------------------------------------

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.)

------------------------------------------------------------------

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!
__________________________________________________________________

Posted by Roy B. Scherer at 10:38 AM | Permalink | TrackBacks (0)

by Robert Russo

Looking back at last year some weeks seem almost starved for liberty-related news, and yet in the past week there has been too much for one blog to keep up with. Two political frontrunners have been attacked within their own parties, an American embassy has been targeted, 143 million pounds of beef was recalled for destruction when there was nothing wrong with it, in our own General Assembly there have been bills to create an immunity center for domestic spying, police roadblocks for random seatbelt inspection, and the number of posts to this site is three times the norm.

What does all this have in common? First let's look at the unusuality of presidential frontrunners being targeted by their own parties. When Sen. McCain took his commanding lead in the primaries the flack over him not being a true conservative reached a new viciousness, reporters saying "he needs to court the conservative base".* Or what? They'll vote for a liberal? Then he was hit with the accusation of an affair with a lobbyist (which is hard to believe).** Republicans have claimed the conservative platform as their own for many years along with the "winner take all" strategy of voting to support the party rather than the individual. What possible reason could they have to cast doubt on their own candidate?

A photo of Obama wearing a turban was released, a reference to the infantile joke that he is a Muslim. No one actually thinks this, it is simply a jab made for the sake of jabbing, and was immediately attributed to the Clinton campaign,*** campaign ethics a major topic in Tuesday's Ohio debate.**** Last week Tim Russert of NBC made the startling suggestion that if Hillary does not have the most delegates, her goal might be to persuade the national convention to change its rules.***** "She should have taken the high road" one reader told me.

This backstabbing doesn't necessarily come from those who have something to gain from it, it may be a dig itself at Clinton or not even the person who originally posted it. Campaigning has become a season for anyone with dirt to throw it with no motive but destruction, because they can't resist. The same press that exposes cruelty makes this possible, except these people have no identity besides the brief fame of their spite. Defaming candidates is of course the tip of the iceberg in the rise of cruelty and indifference in this country. Every type of crime (school shootings being one) is seated in the human brain, and we are swiftly approaching a reality where if it can happen it will happen, and law enforcement responding by expecting us to be criminals. People used to refrain but that moral base is gone.

A study put out this week says that almost half of American adults have either changed their religion or abandoned it entirely, saying the "religious marketplace is extremely volatile".****** Strange words for describing the only cure for the demoralization of a nation. We'd like to think liberty is a purely secular thing (we have certain rights to be respected regardless of what we do with them), but only when honesty and decency are a majority does a nation trust us with greater liberties; it is when depravity and apathy become a majority that they are taken from us. So freedom stands on the politic of morality. It is in our best interests to repair our nation's broken moral compass.

The scope of human crimes and depravation that we have yet to see is unestimable and that is why faith is the only solution, because it is the answer for every type of sin. You can disagree with a candidate but if he or she seems to follow a moral code that is better reason to elect than what those positions may be. As for the beef recall, schools and groceries are now burying an amount that could have fed a small African country as a political punishment on the manufacturer.******* The unusuality is the same as last year's outrageous traffic fines and everything else, the precedent being broken is decency.

*http://2008mccain.blogspot.com/2007/01/mccains-race-for-nomination.html
**http://www.msnbc.msn.com/id/23271556/
***http://www.drudge.com/news/104626/clinton-staffers-spread-obama-turban-photo
****http://www.cnn.com/2008/POLITICS/02/26/dems.debate/index.html
*****http://www.msnbc.msn.com/id/23111899/
******http://www.nytimes.com/2008/02/18/business/18recall.html?ex=1219035600&en=08aaf36bf033a261&ei=5087&excamp=GGBUbeefrecall&WT.srch=1&WT.mc_ev=click&WT.mc_id=BI-S-E-GG-NA-S-beef_recall
*******http://news.aol.com/story/_a/survey-finds-religious-landscape-in-flux/20080225170509990001

If you have opinions to add to this thread send them to russo@richmondliberty.org and they will be posted. We welcome your input!

Posted by Robert Russo at 11:22 PM | Permalink | TrackBacks (0)

file GA08-02-27
General Assembly, Wednesday February 27th, 2008

House and Senate convened at noon.

*****

I learned, minutes after noon, that William F. Buckley, Jr., has died. Ten or fifteen minutes later, Delegate Lingamfelter announced that fact to the House, and that body agreed that when they adjourn later today, they will do so in his honor and memory.

William F. Buckley, Jr. is known as the father of the modern conservative movement. He was a true conservative, in favor of personal freedom and limited government. He was also a devout Catholic and an unabashed intellectual. As editor of the National Review, he not only provided education and leadership to that movement, he also engaged large numbers of people in ideological debates and encouraged thoughtful consideration of issues.

After some prolonged reconsideration starting in the sixties, in which I had a small part, he called publicly for the marijuana laws to be changed. He was the second major conservative (after Senator Barry Goldwater) to do so.

He will be sorely missed.

*****

SB776, Hurt, Concealed weapons; attorney for Commonwealth may carry without a permit.

Resistance to this bill popped up from a former Commonwealth's Attorney, Joe Morrisey. He and several others (sorry, could not watch all of this debate) questioned whether or not there was any need for CAs to be armed at all, and whether or not they should be allowed concealed weapons, and when they should be allowed to carry them, and most seriously what sort of training they might get.

Delegates Gilbert and Griffith (and possibly others) answered those questions quite well, often from their own experiences.

The bill passed its third and final reading, 64-31, and now goes to the Governor.

At 1:54 pm, House goes into recess until 5pm, to allow for committee meetings and work on budget disputes.
They returned, and continued in session off and on until finally adjourning a bit after 7:30pm.

Meanwhile, on the other side of the Rotunda, the Senate was meeting . . . and meeting, and recessing, and meeting.
They finally adjourned at 7:42 p.m.

All this delay is to reach agreement between Senate and House, and between Republicrat and Demlican, on various bills. Before any bill, including the budget, can become law, it has to pass both House and Senate in identical form.

When there's disagreement, if neither side will agree to what the other side wants, a conference committee is set up. Three Senators and three Delegates (5 each for the budget bills) are chosen, and they get together wherever they can find space, and try to talk it out. Whatever compromise they reach, if indeed they do reach one, then has to be approved by both House and Senate. While this process is under way, there's little to do for those who aren't involved in the negotiations.

(And in our next thrilling installment of "How the Sausage is Made", we'll talk about the Governor, boys and girls! Can you say, "Veto"? I knew you could!)

-----------------------------------------------------------------

2:00 p.m. Senate Courts of Justice; Senate Room A, General Assembly Building
Arrest-on-whim, sex, mental health, secret police, guns

Actually, this meeting never took place. The hearing room was about 3/4 full of people waiting for the legislators. The hours passed, and we were there, and time passed, and we took advantage of the Wi-Fi to download huge files, and time passed, and we had swivel-chair races, and time passed, and we used the paperclips and rubber bands to create works of art and engineering that would have put Da Vinci to shame, and duration occurred, and I escorted two other activists on a tour of the renovated Capitol [TRUE!], and chronons zipped past, and the sun burned low, and the continents gradually shifted . . .
AND AT 4:50 PM WE WERE FINALLY RELEASED FROM LIMBO
when it was announced that today's meeting was canceled, rescheduled for tomorrow afternoon, immediately after the meeting of the Transportation Committee is over.

-----------------------------------------------------------------

1/2 hr after House rECESS House Courts of Justice

Very delayed, and poorly attended. After the fact, I learn:

SB678, Puckett, Drug Treatment Court Act; authorized drug treatment court for Tazewell County.

Reported 13-7, referred to Appropriations

SB775, Hurt, Drug Treatment Court Act; authorized drug treatment court, etc. for Franklin County.

Reported 12-6, referred to Appropriations

-----------------------------------------------------------------

Next significant meetings are Thursday:
THESE ARE UNUSUALLY SUBJECT TO CHANGE!

8:30 a.m. Senate Education and Health; Senate Room B, General Assembly Building
Sex/abortion, religion, dope

Noon House and Senate meet.

90 min aft House General Laws; House Room C, General Assembly Building
Privacy, booze, wireless broadband, solar power

NOTE THAT TRANSPORTATION MEETING HAS BEEN CANCELED,
SO APPARENTLY COURTS WILL MEET 1/2 HOUR POST-ADJOURNMENT!
Adj Trans Senate Courts of Justice; Senate Room A, General Assembly Building - Immediately upon adjournment of Transportation
Arrest-on-whim, sex, mental health, secret police, guns

-------------------------------------------------------

I will not cede more power to the state. I will not willingly cede more power to anyone, not to the state, not to General Motors, not to the CIO. I will hoard my power like a miser, resisting every effort to drain it away from me. I will then use my power, as I see fit. I mean to live my life an obedient man, but obedient to God, subservient to the wisdom of my ancestors; never to the authority of political truths arived at yesterday at the voting booth. That is a program of sorts, is it not? It is certainly program enough to keep conservatives busy, and Liberals at bay. And the nation free.
William F. Buckley (1925 - 2008)
Source: the end of his 1959 book, Up from Liberalism

-------------------------------------------------------------

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.)

--------------------------------------------------------------

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!
__________________________________________________________________

Posted by Roy B. Scherer at 10:09 PM | Permalink | TrackBacks (0)

file GA08-02-26
General Assembly, Tuesday February 26th, 2008

***************** Update on Redistricting Vote *****************

In my report GA08-02-18, I reported on a suddenly-scheduled meeting of House Committee on Privileges and Elections to have a roll-call vote on the redistricting bill, SB38, which had been killed on voice vote in their subcommittee. I posted, in part:
> Motion is to place bill on docket for next meeting.
> Aye is to allow consideration, nay is to leave the bill
> dead. It's made explicitly clear that this is,
> simultaneously, a vote to support or rebuke the
> Chairman for his actions.
> Pretty much party-line vote (one no from Democrat);
> motion dies.
> Motion to reconsider made by the D who deliberately
> voted "wrong" before; the motion fails.
In another venue, I also said:
> The website will presumably show the vote
> eventually, but doesn’t as of yet.

Well, turns out that the website still doesn't show the vote. I asked people who are wiser than I about this, and learned someting, which I now share with you.

There were two votes. The first was to bring the bill before the full Committee, which is what is required now that subcommittees are allowed to kill bills on their own. That motion failed, with (apparently) all Republicans voting Nay, and all Democrats except one voting Aye.
The Democrat who voted "Aye" then made a motion to reconsider (which can only be made by someone who has "voted on the prevailing side". That motion was itself defeated, on a straight party-line vote.
The two votes were what are known as "procedural votes", dealing with parliamentary matters. Because of that, there is no place in the computer system to record them. They are matters of public record, however, and if you call The Office of Committee Clerks, 698-1540, and speak to Marjorie Hrouda (or anyone in that office), she'll be glad to either read the list to you, or to mail you a copy.
Hope this helps . . .
******************************************************************

7:30 a.m. Senate Courts of Justice Criminal Subcommittee
Jim Kadison of VCDL, Mark Hjelm, and I were all in attendence.

HB622, Brink, SUBSTITUTE. Sex offenses prohibiting residing in proximity to children; penalty.
Prohibits a person convicted of certain sex offenses from living within 500 feet of a public park that is adjacent to a primary, secondary or high school. A violation is a Class 6 felony and there is an exception if the public park was established within 500 feet of the offender's residence subsequent to his conviction.

This is a substitute version of this bill, revamped to eliminate some of the concerns expressed in earlier hearings. Technical amendments made to make the language a bit clearer. Seems to have fixed the "unintended consequences".

Subcommittee approved the amended substitute.

Subcommittee rose just before 9am to attend other meetings. Docket is not yet finished, but they scheduled a second meeting this afternoon, 15 min after adjournment. (Of course, this will conflict with two meetings I need to attend.)

Afternoon session. Mark and I are both in attendence, as is Hope from ACLU. Jim Kadison joins us after he's done in Senate Local Government, and Hal Macklin arrives soon thereafter.

HB1007, Jones, Virginia Fusion Intelligence Center; confidentiality; immunity.
Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department and employees of other agencies assigned to the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.

This is the Double Secret Police Immunity bill.

In response to 9/11, the 2005 GA established the Fusion Intelligence Center. "The fusion center shall collect, analyze, disseminate, and maintain such information to support local, state, and federal law-enforcement agencies, and other governmental agencies and private organizations in preventing, preparing for, responding to, and recovering from any possible or actual terrorist attack." (§ 52-47, Code of Virginia)

This bill would say that that Center, and pretty much everyone who works with it, is secret. It, and the people who work there, are immune from any legal attempt to force them to testify or give information. No one receiving any information from the Center is allowed to reveal it without authorization. Also, no one giving them information can be sued as a result of that, unless the information was deliberately false or malicious. (But how would you ever know, much less prove it?)

The purpose is to make sure that terrorism (and other) intelligence data is kept private, even from FOIA requests, and discovery motions from defense lawyers, and subpoenas from people who had their lives or businesses ruined because they were wrongly suspected of being terrorists. Not only would the information be kept private, the people would be immune from lawsuits.

The original bill said pretty much exactly that, and to the apparent suprise of some stalwart anti-terrorists, some people whined and complained!

All of this, we had been told in the original presentation, is required both by Federal policy and also by practicality. Different investigative and law enforcement agencies hate to share their information, because they don't trust other agencies to keep their secrets. Only with all this panoply of protection can we expect the FBI to tell the State Police that they've found a plot to blow up the Capitol.

What we have here is a substitute version, substantially rewritten to meet many of the objections brought up at an earlier hearing. It's still far from perfect, but it's not as bad as the original. [I had been called out from this subcommittee briefly, and was not able to watch the first part of the hearing on this bill.]

Subcommittee members, and counsel Steve Benjamin, found a number of problems still in the bill, where it was basically overreaching, and covered too many sorts of data.

State Police representative makes some good suggestions as to ways to improve the bill so that it will meet the requirements, while still not overstepping.

Amended, moved to report, before public comment allowed.

Virginia Press Assn. makes good suggestions to narrow the bill;
lines 14 & 35 -- limit to terrorism, not generalize to all criminal
supported by Benjamin, opposed by State Police.
Stolle comes up with a compromise: investigation must be shown to be terrorism-related, rather than merely criminal, by the first required review

Hope from ACLU has a chance to speak briefly.

Amended substitute bill recommended to full Committee.

--------------------------------------------------------------

House and Senate met at noon.

At the beginning of the session, the House presented a plaque with a copy of HJ275 (House Joint Resolution #275) to Ted Morrison, Jr. Judge Morrison served outstandingly in the House, and later with the State Corporation Commission. He well deserves the commendations of his peers.

Delegate RG Marshall moved three bills from the "Uncontested" calendar to the "Regular" calendar, where they can be amended. All three (SB256, SB538, and SB539) deal with school emergency plans. It's likely that he will attempt to insert the language from HB424 into them, to allow qualified faculty to carry conealed handguns on campus. This is unlikely to succeed.

Shortly thereafter, SB256 and SB539 are passed by for the day.

SB382 Firearms; sale to persons not lawfully present in United States.
Prohibits the sale or transfer of firearms to any person who is not a citizen of the United States and who is not lawfully present in the United States. A violation of this section is a Class 6 felony.

Final approval in House, 97-0; now goes to Governor.

SB538, Obenshain, Higher educational institutions; first warning and emergency notification system required.

Floor amendment (substitute) offered by Delegate Marshall.
Parliamentary inquiry;
Speaker rules amendment is not germane to the bill.
Bill is given final approval in the House, 95-0; goes to Governor.

SB776, Hurt, Concealed weapons; attorney for Commonwealth may carry without a permit.

Passed by for the day, by request.

** Oh dear, Senate has adjourned; can't watch the House any more. **

--------------------------------------------------------------

Immediately upon adjournment of Senate - Senate Local Government

Philip van Cleave and & Jim Kadison from VCDL are attending.

HB371, Carrico, Firearm control; locality to pay attorney fees resulting from taking actions prohibited.

Requires a locality to pay attorney fees resulting from taking certain actions prohibited with regard to firearm control.

This bill resulted after Norfolk police hauled a man away from his wife and children, leaving them alone and without car keys. The police were attempting to enforce a local ordinance that was illegal, and which the city council knew was illegal, and which the city attorney had advised them had to be repealed.

Bill was rereferred to Senate Courts of Justice Committee.

--------------------------------------------------------------

Senate Education and Health Subcommittee on Health Care
Was scheduled for 1/2 hour after adjournment; time changed to 3 pm since House still in session at 1:30.

HB1400, Pogge, SUBSTITUTE Minor's drug test; disclosure of results.
Provides that a parent, legal guardian or person standing in loco parentis may obtain the results of any drug test of a minor or a minor's health records, except when the minor's treating physician or the minor's treating clinical psychologist has determined in the exercise of his professional judgment that the disclose of heath records or the results of any drug test of the minor would be reasonably likely to cause substantial harm to the minor or another person. This bill also provides that a minor shall not be deemed an adult of [should read "for"] the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment, or rehabilitation for substance abuse.

Present law allows a minor to be considered an adult for several purposes, including requesting or consenting to medical testing and treatment for VD, birth control, mental illness, or "Medical or health services needed in the case of outpatient care, treatment or rehabilitation for substance abuse". The idea is that kids may very well not seek treatment for such things if their parents would find out, and that it's better to grant them confidentiality than to discourage treatment. Decades of experience have proven the truth of this theory, BTW.

The goal of this bill is to clarify, and emphasise, what seems already to be law. In the case of a minor who is NOT in treatment for substance abuse, drug test results are controlled by the parent, not the minor. Apparently there have been cases where parents have taken kids to doctors to be tested for substance abuse, and the physicians have advised the kids that for this purpose they are considered to be adult, and thus have the right to refuse the test, and the right to refuse to release the results of the test even to their parents.

Even a Libertarian like me can see the arguments on each side of this one. Most parents cherish their kids and worry about them, and would help their kids work through problems they might be having. OTOH, some are abusive control-freak [CENSORED] who would throw out -- or beat, or even kill -- a kid whom they'd found to be trying grass. From the perspective of the children, although many, even most, would welcome support from their parents, others are so frightened of the consequences that would follow from exposure that they would -- AND HAVE, all too frequently -- run away from home to try life on the streets, or even committed suicide rather than confront their parents' knowledge of their drug use.

The bill was rewritten as a substitute by a House committee which apparently contained few lawyers or logicians. As passed by the House, it said that "A minor shall not be deemed an adult for the purpose of consenting to a drug test when the minor is not receiving [treatment]." Translated, that would have to mean that if a minor thinks he or she might have a problem, he could not consent to the test that might show whether or not he'd need or be eligible for treatment.

The version that was presented to the subcommittee today was a second substitute, with more word-wrangling. When two copies were belatedly shared with the public, we found that it says that test results must be given to the parent (or guardian/loco parentis) when the parent is the one who has requested the drug test.

Senator Ralph Northam works with kids, including those with SA problems. He makes a good explanation of why forced testing is generally a bad idea, and explains how the problem is dealt with more productively in a less controversial atmosphere. He also points out that the commonly available tests do not target all drugs, being best suited to detect use of the most innocuous substances while failing completely to detect others which are far more dangerous.

Delegate Pogge makes a pretty good defense of bill; parents who care about their kids (she seems to think that this means all parents) need to know what's causing problems they may see in the kids' behavior.

Sen. Martin asks why this bill is needed -- what's unclear about existing language very similar to proposed addition.
Pogge explains that it's been misinterpreted in the past, cites AG's opinions on the issue.

I spoke in opposition to the bill, on behalf of VADV. After praising Senator Northam's approach, I recounted some history. In the late sixties, drug abuse was considered by most white middle-class Richmond-area residents to be something that afflicted only "those" people, and of very little concern to "us". Dr. George Bright, head of Pediatrics at MCV, was in lare part responsible for convincing them otherwise, and established programs at MCV which did a world of good and salvaged many lives. He did it, in large part, by gaining the trust of the kids with whom he worked. In most cases, the parents were brought into the picture and enlisted in the treatment plans, but in some cases that wasn't possible. The wisdom of that approach has been reinforced, for me, with years of experience with Richmond Hotline (confidential, anonymous telephone crisis intervention) and R-ADAPTS (Richmond Alcohol & Drug Abuse Prevention and Training Service), as well as my experiences with Virginians for Study of Marijuana Laws. I pleaded with the members to reject the bill.

Motion to report, second, FAILS on a 2-2 vote.
Bill will be considered by full Committee on Thursday.

Following the vote, Senator Martin suggests to Delegate Pogge that the AG's office can probably improve the wording of the bill, and that this should improve its chances before the Committee.

**************** LEGAL JARGON INTERPRETATION ****************
Having now (six hours later) had a chance to study the bill, I find that there's an area of present law that's unclear to me, and it's referenced by this new language. If any readers -- particularly those with legal training -- care to give me guidance, it would be appreciated. Look at § 54.1-2969 of the Code (also quoted in the bill). My question is, does the "unless it would hurt the kid" exception at the end of subsection "K" apply to both parts "(i)" and "(ii)", or does it apply only to part "(ii)"? Online reference, without case law or editors' notes, is at:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+54.1-2969
If you look at this and think you can answer the question, please let me know ASAP at . Thanks.
************** END LEGAL JARGON INTERPRETATION **************

--------------------------------------------------------------

Next significant meetings are Wednesday:

House and Senate convene at noon.

2:00 p.m. Senate Courts of Justice; Senate Room A, General Assembly Building
Arrest-on-whim, sex, mental health, secret police, guns

1/2 hr after House adjourns House Courts of Justice; House Room C, General Assembly Building
Drug courts, abusive driver fees

90 min after adjournment House Courts of Justice - Criminal Subcommittee; House Room C; General Assembly Building
Nothing unless full Committee kicks something back to them

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!
__________________________________________________________________

Posted by Roy B. Scherer at 11:59 PM | Permalink | TrackBacks (0)

http://www.inrich.com/cva/ric/news.apx.-content-articles-RTD-2008-02-26-0176.html

I vote in Chesterfield and at the rate the line was moving on Tuesday night it occurred to me a lot of people behind me wouldn't be able to vote in time. Did you have a similar experience? It seems to me of all the things that can go wrong with voting, running out of ballots shouldn't be one of them. Can't they just print out a million?

Posted by Robert Russo at 07:03 PM | Permalink | TrackBacks (0)

file GA08-02-25
General Assembly, Monday February 25th, 2008

Senate Courts of Justice met at 9:10 am. There are 71 bills on their docket. All are reported from subcommittees, either Civil, Mental Health, or Criminal. Public input unlikely to be allowed on any of these.

HB34, Ingram, Aggravated sexual battery; penalty.
Provides that a person 18 years of age or older is guilty of a Class 6 felony if he, with lascivious intent, knowingly and intentionally kisses a child under the age of 13 on the mouth while penetrating the mouth of such child with his tongue.

New substitute; instead of adding this into an existing code section, this creates a new Code section, as a Class 1 Misdemeanor, and also adds violation of that new statute as an offense requiring registration.

Substitute adopted, and reported, 14-0.

HB91, Albo Driver's license; penalty for driving without.
Provides that any person charged with driving without first having obtained a valid driver's license shall be placed under arrest and shall have his fingerprints and photograph taken.

Patron says that the problem is that a person without a driver's license is, for practical purposes, a person without an identity.

Several speakers against the bill, including
Christina Rebeil, Dan Curran, lady whose name I didn't catch, and Claire Gustanaga, all representing immgrant and Latino groups. They were each concerned about selective and discriminatory enforcement.

John xxxx, Va. Council for Immigration Reform, spoke for the bill; he says that it will protect the citizens.
Jed Rogers (???) spoke, as an individual, from his perspective as a former police officer.

Move/second to report; failed 6-8. Bill is dead.

HB159, Albo, Stolen property; criminal investigation.
Provides that if a person buys or receives any goods used in the course of a criminal investigation by law-enforcement that the person believes are stolen, he is deemed guilty of larceny of the goods.

This makes it a crime to buy, or try to buy, stuff that undercover police say are stolen, even though the goods were really donated to be used in sting operations against fences.

Technical amendment, then reported, no objection.

HB499, Hamilton, SUBSTITUTE Involuntary commitment; establishes new standard for outpatient commitment.

This is yet another substitute version, with relatively minor editorial changes. The corresponding Senate bill will have the same changes made in subcommittee this afternoon.

Substitute adopted, and reported, without objection.

HB567, Crockett-Stark, Sex offenses prohibiting entry onto school property; penalty.
Provides that every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and 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. Currently, the prohibition only applies during school hours.

Passed by for the moment, then for the day.
More to do on this one.

HB622, Brink, Sex offenses prohibiting residing in proximity to children; penalty.
Prohibits a person convicted of certain sex offenses from living within 500 feet of a public park that is adjacent to a primary, secondary or high school. A violation is a Class 6 felony and there is an exception if the public park was established within 500 feet of the offender's residence subsequent to his conviction.

SUBSTITUTE from subcommittee. Still needs more work; referred back to subcommittee.

HB982, Nutter, SUBSTITUTE. Concealed handgun permits; access to permittee information.
This bill makes the individual information in the statewide registry of people with Concealed Handgun Permits unavailable to the public (aggregate and statistical information would still be available). The House added a provision that would have prevented individual addresses from being released at the courthouse level, while allowing the clerk of court the option of releasing individual names.
The bill addresses a problem where the Roanoke paper copied the statewide registry, and published it as a searchable database. Many people, including most notably police, prosecutors, and domestic violence victims protested, and the paper took down the posting. The House amendment addresses a related problem, where the Fredericksburg paper routinely publishes the names and addresses of people who obtain CCPs, obtained from the courthouse.

Suprising amount of discussion and debate on this one; would have thought it to be a no-brainer. The AG issued an opinion directing the State Police to no longer make individual CHP holders' names and addresses public, but as the Freedom of Information Act Council poited out, any judge can overrule that opinion. The basic bill would fix the problem.

Courthouse access, while still a privacy concern people with a CHP, is a lesser matter. From a privacy standpoint, better small paper compilations in individual courthouses than one massive statewide database, easily accessible from anywhere on the Net.

Cuccinelli makes strong pitch for courthouse secrecy; will not support without it. Need to protect victims of domestic violence.
Nutter agrees that's needed, but says this bill is at least a start.
Philosophical opposition to closing access to public records; fear that bill may be RE amended in House; promise not to allow that; wurra wuurra wurra!

Motion to amend and report the bill; Substitute motion carry over to next year. Carried, 8-7. Bill is dead for this session.

HB995, Bell, Unlawful filming of another.
Adds the misdemeanor offense of unlawful filming of another to the statute that makes the third offense of certain misdemeanor sex offenses a Class 6 felony. Under current law unlawful filming involving a nonconsenting person under the age of 18 is a Class 6 felony.

Carried over until next week to allow technical amendment, to make sure that the two previous offenses are indeed separate. (Not meant to apply to someone who is busted for this offense, makes bail, then is busted twice more before he's been to trial on the first one.)

HB1043, Watts, SUBSTITUTE. Use of polygraph on sex offense victims.
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.

Similar to SB164. Substitute version adopted.

Substitute reported, without objection.

HB1044, Watts, 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.

Subcommittee amendments adopted to meet State Police concerns.

Reported to full Senate without objection.

HB1439, Frederick, SUBSTITUTE. School employees; criminal acts.
Requires (i) notification to the Superintendent of Public Instruction and the division superintendent of the conviction of any individual committing a felony involving rape or sexual molestation of a child or involving drugs who holds a license issued by the Board of Education; (ii) local school boards to develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee; (iii) the Board of Education to issue regulations including requirements for the denial, suspension, cancellation, revocation, and reinstatement of licensure in its licensure regulations; (iv) notification to the Board of Education when a licensed employee of a school board is dismissed or resigns for certain convictions of enumerated crimes; and (v) notification to the Superintendent of Public Instruction when any individual holding a license is the subject of a founded complaint of child abuse or neglect. There is also a technical amendment.

Conformed to (made identical with) SB241.

Substitute is reported without objection.

Committee rose at 11:45

------------------------------------------------------------------

House and Senate met at noon.

In the House:

HB873, Johnson, Concealed handgun permits; proof of competency with handgun. Provides that "proof of competency", required for issuin a CHP, does not expire.

This has been stalled for three days, while House and Senate proponents (only three votes against the bill in House and Senate combined) tried to decide which version to agree on. (The difference is ten words which are pretty clearly redundant to the bill, but are symbolic.)

House finally accepted Senate version, without the phrase, without dissent. The bill now goes to the Governor.

The House rose about 1:20.

-------------------------------------------------------------------

About 2 pm, the House Courts of Justice - Mental Health Subcommittee met.

SB226, McDougle, Firearms; answering mental health questions on consent form required when purchasing.

This was conformed to the language in HB709, and recommended for passsage.

-------------------------------------------------------------------

Shortly after adjournment of MH subcommittee, House Courts of Justice - Criminal Subcommittee met.

SB164, Lucas, SUBSTITUTE. Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed.

Little discussion. One minor amendment made to substitute, then recommended for approval by the full Committee, no opposition.

SB618, Stolle, Petit larceny; person who is convicted for second time must undergo substance abuse screening.

This is designed to reach people who shoplift to support drug habits, on the theory that if they can be rehabilitated, it's better than putting them in jail for thirty days or even a year.

Can't hurt . . . and the horse could learn to sing!

Approved, 11-0.

SB655, Newman, Contractors; employees having direct contact with students on school property must be certified by their employers as never having been convicted of felony "barrier crimes" prohibiting future contact with minors.

Stricken from the docket at request of patron.

Committee rose, before six pm!

--------------------------------------------------------------

Next significant meetings are Tuesday:

7:30 a.m. Senate Courts of Justice Criminal Subcommittee; 3rd Floor East Conference Room, General Assembly Building
sex, spooks, and driving

House and Senate convene at noon.

No essential afternoon meetings.

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 11:59 PM | Permalink | TrackBacks (0)

file GA08-02-22
General Assembly, Friday February 22nd, 2008

***** CORRECTION *****
In yesterday's report, I implied that I wasn't familiar with the budget process . . . and then I proved it, by getting a comment exactly backwards

Delegate RG Marshall wanted to restrict some funding. The vote was indeed 60 YEA - 36 NAY, but that means that his bid FAILED, and "Item 4-5.04#1h" remains in the budget.
**********************

9:00 a.m. House Militia, Police and Public Safety; House Room C, General Assembly Building

SB382, Martin, Firearms; sale to persons not lawfully present in United States. Echoes Federal law by making it illegal to sell to anyone who is not a citizen and who is unlawfully present.

Reported to full house, 21-0.

SB764, Ticer, SUBSTITUTE Address confidentiality for victims of domestic violence; program expanded.

This extends the time of a trial program allowing victims of domestic violence to use the AG's office as their official address for many purposes, when they can show that they or their children would be put in danger otherwise. The bill had excluded doing this when applying for a CHP, or when purchasing a firearm, but was amended in the Senate to retain only the "purchase" exclusion.

The Committee amended the bill to change a "perjury" provision, which allowed them to also delete a section that would have required it to go through the budget process. They also added several more localities to the program.

Reported to full House, 21-0

SB776, Hurt, Concealed weapons; attorney for Commonwealth may carry without a permit. (They are already authorized to carry concealed while at going to work, at work, or coming back.)

I had asked that this bill be amended to require proof of competency, but the idea received no support in subcommittee and little support in full Committee.

After some discussion, bill is reported to the full House, 18-1, with 2 members who are Commonwealth's Attorneys abstaining.

---------------------------------------------------------------

Next significant meetings are Monday:

9:00 a.m. Senate Courts of Justice; Senate Room A, General Assembly Building
sex, guns, aliens

House and Senate meet
[website down temporarily, cannot verify time!]

1/2 hr aft House Courts of Justice - Mental Health Subcommittee; House Room C, General Assembly Building - 1/2 hour after adjournment (sub-committee info)

Adj Sub House Courts of Justice - Criminal Subcommittee; House Room C, General Assembly Building - Immediately upon adjournment of Mental Health Subcommittee

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 03:35 PM | Permalink | TrackBacks (0)

From the Fairfax County Privacy Council:

Jackson Miller (R – Prince William County) is back again this year with
his massive police search powers expansion bill, HB 436, rejected last
year by a lopsided 10-5 Committee vote. And just like last year, Miller
is peddling his tall tales about the need to “restore” police
arrest/search powers to what they were before the Virginia Supreme
Court’s 2006 decision in Moore v. Commonwealth when **in fact** way back
in 1999, Attorney General Mary Sue Terry issued an official opinion
stating that Virginia law requires release on summons for misdemeanors
unless a statutory exception applies!

And like last year, an unusually perturbed Senator Stolle (R – Virginia
Beach) in subcommittee thundered back that “I taught this law at the
police academy” and “nothing has changed” because Virginia has always
required release on summons of suspected misdemeanor violators unless
reasonable grounds (as clearly specified in the statute, including,
inter alia, being intoxicated, refusing to sign the summons and provide
name and address, refusing to cease the allegedly unlawful conduct, or
presenting a risk of harm to himself or others) exist to arrest and
fully search the person.

Action Item: Email the Senate Courts of Justice Committee!

Sample message: Please oppose HB 436, a massive police arrest and
search power expansion bill!

TO: district16@sov.state.va.us, district35@sov.state.va.us,
district08@sov.state.va.us, district13@sov.state.va.us,
district03@sov.state.va.us, district32@sov.state.va.us,
district18@sov.state.va.us, district21@sov.state.va.us,
district20@sov.state.va.us, district36@sov.state.va.us,
district37@sov.state.va.us, district26@sov.state.va.us,
district04@sov.state.va.us, district25@sov.state.va.us,
district19@sov.state.va.us

Dear Senate Courts of Justice Committee member:

Please oppose HB 436, a massive police arrest and search power expansion
bill!

Incredibly, proponents of HB 436 are marketing their bill as necessary
to “codify” past police law breaking! This is insulting to the vast
majority of police who know and follow Virginia ‘release on summons for
misdemeanors” law.

In reality, HB 436 is an attempt to turn the shield for officer safety
rule (allowing full searches of persons and vehicle containers in
custodial arrests) into a sword to pierce the Fourth Amendment and our
privacy rights!

And since the United States Supreme Court will soon issue an opinion in
Virginia v. Moore (clarifying whether the evidence suppression rule
applies to remedy violation of state arrest procedure statutes) there is
no reason to change Virginia statutes amidst this ongoing litigation.

Please vote to PBI this bill, or perhaps send it to the crime commission
for further study after the US Supreme Court issues its opinion in
Virginia v. Commonwealth.

Sincerely,

YOUR NAME
YOUR ADDRESS

Posted by Leonard Harris at 01:36 PM | Permalink | TrackBacks (0)

file GA08-02-21
General Assembly, Thursday February 21st, 2008

(I really HATE morning meetings, especially after I've stayed up late watching eclipses!)

--------------------------------------------------------------------

7:30 a.m. House Militia, Police and Public Safety - Subcommittee #2

Not attended. Jim Kadison of VCDL informs me of the fate of the bill of interest.

SB764, Ticer, SUBSTITUTE Address confidentiality for victims of domestic violence; program expanded.

Expands program currently implemented in some localties, that allows victims of domestic violence to use the AG's office instead of their actual addresses in most official forms.

Original bill would have specifically disallowed this when receiving a CHP or purchasing a firearm; substitute passed by Senate DOES allow use on CHP database.

Subcommittee recommended the bill.

------------------------------------------------------------------

7:30 a.m. Senate Courts of Justice Criminal Subcommittee

Missed the debate on most of these while in other meetings, but results are:

HB159 Stolen property; person guilty of larceny if knowledge of property buying or given is stolen. (Lets police run stings on suspected fences with stuff that's actually legitimate, but which they tell the suspect is stolen property.)

Recommended to full Committee, 5-0.

HB567 Sexual offenses; those convicted prohibited entry onto school property (extends prohibition to all hours, not just school hours).

Recommended to full Committee, 3-0.

HB995 Unlawful filming of another; penalty increased to Class 6 felony for third offense. (Already a felony to do this even once to a kid.)

Recommended to full Committee, 5-0.

HB1007 Fusion Intelligence Center; confidentiality and immunity from service of process.

Virginia Press Assn. representative opposes bill as it is now, since at least criminal activities should not be hidden from the public.

Sen. Stolle suggests that there need to be procedures set up to classify things that really should be kept secret, and also procedures to declassify things that no longer need to be secret.

Bill seems to go far beyond federal requirements.

Bill is carried over to next meeting (Thursday) to allow more work.

------------------------------------------------------------------

8:00 a.m. House Health, Welfare and Institutions - Subcommittee #2, Welfare

SB296, Puller, SUBSTITUTE. TANF; eligibility for food stamps when convicted of drug-related felonies.

Would allow people who have been convicted of a felony drug possession offense, who comply with court orders and treatment programs, to receive TANF benefits.

Patron explains that this will affect about 140 people in the Commonwealth, who have children and would be eligible for TANF were it not for a prior offense of drug possession. These people are in full compliance with court orders and treatment programs, but their children are still being deprived of the support provided by Temporary Aid to Needy Families.

Chair gripes that this is more chipping away at welfare reform.

Keith DeBlasio, Advocates, speaks in favor. Denial punishing not merely the past offender, but their children.

Ty Jones, VA Poverty Law Center, supports; points out that drug offenses are the only disqualifications; past convictions for murder or rape or child molestation are all right!

I spoke in favor, for Virginians Against Drug Violence. The TANF support is an additional incentive toward rehabilitation, and also removes some of the temptation to indulge in illegal activities for money.

Tom Steinhauser, Director of Dept. of Social Services, in favor.

Del. Athey says that the presumption is that there's an addiction, driving support money to be spent on drugs rather than as intended.
Move to report

Athey: difficult fiscal times . . . we send these things to Appropriations and know that they'll die . . . not gonna do that no more

Puller: only 141 people estimated to be affected

Athey: still same thing

I managed to rebut the presumption that most Schedule I and II drugs are addictive.

(no second heard!)
Bill is rejected by subcommittee.

SB404, Puckett, SUBSTITUTE. Substance abuse screening; person become ineligible for public assistance if using illegal drugs.

The bill would have required drug screening for welfare recipients (substitute would only screen VIEW participants). People failing the screening would be tested, required to be in a treatment program, denied benefits if not cooperative.

Original bill would have cost $3-5 million dollars per year; substitute would have cost about half that.

Discussion quite brief.
Suggestion "you move to report, and then we'll vote it down."
Counter suggestion: "Move to table the bill".
Motion carries; bill is disapproved.

------------------------------------------------------------------

8:30 a.m. Senate Education and Health

Could not attend, but these actions were taken.

HB188, Marshall RG, Human papillomavirus vaccine; extends sunset provision requirement for 6th grade girls to receive.

Killed, 10-5

------------------------------------------------------------------

9:30 a.m. House Health, Welfare and Institutions

SB296, Puller, SUBSTITUTE. TANF; eligibility for food stamps when convicted of drug-related felonies.

In accordance with the subcommittee vote, this was not heard.
Bill is dead.

SB404, Puckett, SUBSTITUTE. Substance abuse screening; person become ineligible for public assistance if using illegal drugs.

In accordance with the subcommittee vote, this was tabled.
Bill is dead.

------------------------------------------------------------------

NOON House and Senate convene.

(The House spent from noon until almost four pm on the budget. Until the last half-hour, it's been pretty boring to watch and listen to.)

HB30, the 2008-2010 budget bill, was amended numerous times. The only two actions I really noticed (or understood) were:

Delegate RG Marshall's bid to deny funding for at least some abortions. This was "Item 4-5.04#1h", which had been the subject of an email alert from numerous groups (and mentioned in my report yesterday). It passed, 60-36. The prediction of the regulars, which of course is often wrong, is that this action will be defeated in the Senate.

Del. Marshall also made a concerted effort to use the budget to force a recorded vote on the underlying issue of one of his bills which had never been granted a hearing. After some interesting parliamentary maneuvering, the effort was defeated.

After the budget was done, it took less than an hour to do the rest of the day's essential business. This included final approval of two gun bills.

SB436 Concealed weapons; allows person to carry in private motor vehicle, etc. if locked in container.

Present law allows anyone who is allowed to own a gun to carry it in their vehicle, as long as it's sitting on the front seat or otherwise in plain sight. The bill would allow the weapon to be out of sight, providing that it's locked into the trunk, glove compartment, or other locked container.

Impassioned debate (see ***MORE GUNS***, below).
Passed, 69-29, and will now go to the Governor.

SB476, Hanger, Concealed handguns in places that serve alcohol.

Present law prohibits a person (other than owners) from carrying concealed handguns in places licensed to serve alcohol. If the firearm is NOT concealed, the person is allowed not merely to enter, but to drink alcohol, with the provision that he is not allowed to get drunk.

The bill allows persons with a CHP to carry a concealed weapon into a place serving alcohol, but prohibits them from drinking any amount of alcohol, and makes it a more-serious crime to get drunk. It also requires the CHP holder to notify an "designated employee" when he enters.

Impassioned debate (see ***MORE GUNS***, below).
Passed, 62-36, and will now go to the Governor.

*******************************************************************

***MORE GUNS***

I've tried not to go into too much detail on these last two bills, nor on Delegate Marshall's fancy footwork on a related matter, because I know that many of you reading this either don't care one iota about gun laws, or actively dislike guns.

If you do care, from whichever angle, I'll be posting a longer description and commentary at the Metro Richmond Liberty site, at http://www.richmondliberty.org/mt/. Scroll down to "Roy's Report: GUNS 08-02-20".

NOTE: If you're interested, there's a different account -- not contradictory, merely different -- of the above items from Virginia Citizens' Defense League's Philip Van Cleave, online at http://tinyurl.com/32cnkv.

You may also want to visit their website, at http://www.vcdl.org/.

********************************************************************

------------------------------------------------------------------

4:00 p.m. Senate Courts of Justice Special Subcommittee on Proposed Mental Health Legislation
Meeting canceled; Senate was still wrangling over the budget.

------------------------------------------------------------------

5:00 p.m. House Militia, Police and Public Safety - Subcommittee #1

Both bills heard in the absence of their patrons, since the Senate is still in session.

SB382, Martin, Firearms; sale to persons not lawfully present in United States. Echoes Federal law by making it illegal to sell to anyone who is not a citizen and who is unlawfully present.

Quickly approved; goes to full Committee.

SB776, Hurt, Concealed weapons; attorney for Commonwealth may carry without a permit. (They are already authorized to carry concealed while at going to work, at work, or coming back.)

I spoke, as an individual, in opposition to this bill as introduced. Under present law, the only people who are generally allowed to carry loaded, unsecured concealed handguns, are either people whose safety and competency training may be assumed (such as law enforcement officers or people who have provided the safety/competency proofs specified in the law for obtaining a permit). Other people are permitted a limited right to carry concealed, such as business owners in their place of business, or mail carriers while carrying out their duties or going to or from duty.

Commonwealth's Attorneys are already allowed to carry while on duty, and while going to and from duty. It seems to me to be bad policy, and bad for public safety, to extend that privilege to any time, any place, without first making sure that the CA knows more about weapons than "pull the trigger and it goes bang".

My suggestion to the subcommittee, which I hope to be allowed to submit to the full Committee, is that the bill merely waive the $50 fee now charged for obtaining a permit, leaving the competence requirements in place.

There was some little discussion of my suggestion, and of the bill and of the entire concealed-weapon statute. General agreement that the law needs to be rewritten, but probably not now. After which, of course, the bill was approved as introduced.

Subcommittee rose about 5:20; we all went home -- except for the Senate, which was still arguing over the budget.

------------------------------------------------------------------

Next significant meetings are Friday:

9:00 a.m. House Militia, Police and Public Safety; House Room C, General Assembly Building
Domestic violence victims, guns for CAs

11:00 am -- House and Senate convene

(afternoon meetings are canceled)

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 11:15 PM | Permalink | TrackBacks (0)

From Fairtax.org

For Tax Day 2008, we're collecting 100,000 names to send a message to Congress and the leading presidential candidates about the FairTax. Then on April 15th—a date dreaded by millions of Americans—we will present the petition to Congress at the Capitol. Your name will also appear a second petition delivered to the leading presidential candidates.

Help us send a powerful message to our elected officials in Washington: Read the "Pass the FairTax" petition and add your name...

Visit http://www.fairtax.org/site/PageServer?pagename=changedc

Posted by Leonard Harris at 05:13 PM | Permalink | TrackBacks (0)

http://www.cnn.com/2008/US/02/20/cnnu.guns/index.html

Posted by Robert Russo at 01:08 PM | Permalink | TrackBacks (0)

by Robert Russo

On Sunday the former Yugoslavian republic of Kosovo made its formal declaration of independence from Serbia, and was immediately recognized by the United States along with Great Britain, France and Germany. This war-torn part of the world has been eclipsed for almost ten years by the Middle East crises in the American global mind, since victory was declared by both sides when the Serbs pulled out in 1999 at the high cost of ethnic cleansing. The following year Slobodan Milosevic's government was overthrown, and then-candidates George W. Bush and Al Gore both demonstrated faith in Pres. Kostunica as a progressive and rightful leader turning a new page of history. Now Kostunica and his government are declaring outrage at this secession (perhaps as Abraham Lincoln or even our current president would do) with Russia and China at their backs.*

As Iraq has proved the devastating results of interfering in foreign conflicts, it was this war that demonstrated the other side of that equation, what happens when we don't interfere with dictators and genocide? President Clinton authorized aid for the anticipated refugees and a peacekeeping force to enter once the Serbs had left, but refused to send ground troops to actually avert this expected genocide, and systematic cleansing of the Albanian culture by the Serbian army who met little resistance, physical or moral. The overwhelmed aid stations on the border simply wondered why no adult males were escaping, and to this day the number of casualties is "uncertain and highly disputed" of which some 3,000 people are still "missing".** Like all high-profile crimes this ambiguity which accompanies the world's scrutiny of the Balkans comes from ignorance and people not caring enough to intercede.

(Some would argue we did get involved through the NATO bombing campaign, and that violence was even encouraged by this. Pres. Clinton authorized air strikes on Saddam Hussein twice during his administration and cannot be called a non-interventionist, but he was not a wartime president as Bush is. It can also be said the Albanians were not guiltless as the Serbian minority in Kosovo was persecuted for years, and thus we were right not to choose sides.)

Tensions with Russia began even amongst the peacekeeping forces.*** Russia still considers the region part of its dominion and along with China, opposes this "warning of the danger of inspiring separatist movements around the world, including in their own sprawling territories".* So the real stakes are not a dispute between two ethnic groups but freedom everywhere and the future of domination. When the sound of freedom rings every bully raises his head, which brings the question at what point does our own government raise theirs? Historically the United States' policy on secession along with the rest of the world is to respond with force; if you believe the renegade state is illegal then there must be justice or there is no law and no union. Is this a double standard? The borders of these various unions were decided by conquest long before the advent of democracy, or ethnic groups have moved and grown in places where they didn't used to be, or cultures have simply evolved an awareness of themselves and their civil liberties to stand up and say the old ways aren't acceptable anymore. So what do you do when large, well-represented groups of people choose to defect even at the risk of their own lives? Subject them to slavery to preserve the so-called nation? The universal struggle for true representation until we are all representing ourselves clashes eternally with the struggle for community, tolerance and diversity (the global village).

The significance of Kosovo to Serbs is that it is where their culture originated, making it the political "Israel" of Eastern Europe.** This tiny country will now be a hub for the old East/West hostilities and worldview for years (although Serbia has ruled out a military response so it will fester slowly like the Cold War).* I read this story at news.aol.com/story/_a/kosovo-issue-widens-rift-among-nations/20080218154209990001?ncid=NWS00010000000001.

*http://news.aol.com/story/_a/kosovo-issue-widens-rift-among-nations/20080218154209990001?ncid=NWS00010000000001
**http://en.wikipedia.org/wiki/Kosovo#Kosovo_and_the_breakup_of_Yugoslavia
***http://en.wikipedia.org/wiki/Kosovo_War

Question of the Week: If civil war in the Balkans were to resume while we are still embroiled in Iraq, what should the United States do? Leave it to the European Union? Send your opinions to russo@richmondliberty.org.

If you have topics of interest to libertarians please let us know. We welcome your input!

Posted by Robert Russo at 08:50 AM | Permalink | TrackBacks (0)

file GA08-02-20
General Assembly, Wednesday February 20th, 2008

House met at noon.

Del. Eisenberg made an impassioned floor speech about the idea of having firearms in restaurants that serve alcohol. He seems to be against it. He also seems unaware that it's already legal.

After the House and Senate adjourned, about 1:30, I have three meetings, all of which will overlap. I'm skipping one, may get a chance to attend another, will spend most time at the third.

-----------------------------------------------------

2:00 p.m. Senate Courts of Justice; Senate Room A, General Assembly Building

31 bills on the docket, including 9 in which I'm interested.

HB223, Cosgrove, Sex offenders; prohibiting proximity to children.

Would bar sex offenders from "entering upon or loitering" within 100 feet of a public recreation center or community center.

Prolonged discussion, problems with proper wording of bill, defining rec/community centers, how would offenders know when they happen to be near such a place when it often isn't at all obvious.

In the end, the bill failed of approval; vote 4-10.

HB224, Cosgrove, DWI

Would expand the current law, which prohibits driving while "under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature", to eliminate the "self-administered" part.

The bill is intended to address a problem that showed up when a patient was treated by a doctor with powerful sedative. The doctor warned him that it would be unsafe for him to drive, and asked if he had someone to drive him home. The patient assured he doctor that he did, and was released. The idiot then proceeded to get in his car and try to drive home, and of course had an accident. When he was being tried for DWI, he SUCCESSFULLY pointed out that he had not been drinking, and that the drug that impaired him had not been "self-administered", but administered by a physician.

Prolonged discussion, revealing among other things that many members of the Committee have little or no understanding of the words "drug" and "narcotic".

There are numerous problems with the concepts. What sort of knowlege must you have before you know that you're too impaired to drive? What if someone puts grain alcohol in the punch? What if someone spikes your drink with a "date rape" drug like GHB, tasteless and judgement-impairing? Suppose the doctor tells you not to drive, but you're already so out of it that you can't comprehend the warning? Should this be an offense requiring knowledge and intent, or that very different sort of crime where, if you do it, you're guilty whether you meant to do it or not?

Finally, the Committee adopted the SECOND substitute version (not yet on the website), amended it, and reported it to the full Senate (8-6-1) -- but the AG's office was asked to review it for constitutionality ASAP, before the Senate votes on it.

HB400, Rust, Presumption of no bail for illegal aliens charged with certain crimes.

This is outside my usual sphere, but I note it here because during the discussion, Senator Stolle took the time to discuss a State Crime Commission study which revealed that, contrary to widespread opinion, illegal aliens are NOT more likely to commit crimes, nor are they less likely to show up for court when required to do so, than other people.

The exceptions to those findings, of course, are that illegal aliens are committng a crime merely by being on American soil, and that if they're caught and summoned to an Immigration court which will deport them they frequently do not show up.

The bill was reported to the full Senate.

HB1442, Iaquinto, SUBSTITUTE Ignition Interlocks

Would require ignition interlocks as condition of restricted license after any conviction of DUI. Current law rquires this only after a second conviction, or first conviction with BAC of 0.15% or more. Would also prohibit offenders from driving a school vehicle.

Original would have also raised required administrative fees by 375% (from $20 to $75). Substitute eliminates that fee, and caps costs for the device itself at $50 for installation and $50/month maintainance. DELAYED EFFECTIVE DATE: 1 Oct 08, rather than usual 1 Jul 08.

Much discussion. Delegate Iaquinto has representative from the only company which provides these devices, and the head of VASAP, and a Mad Mother all present to speak and answer questions.

There are some 29,000 DUI convictions in Virginia each year, but less than 2,000 interlocks in use. Comment is made that if this bill is passed, we should all go out and buy stock in the company. They are the sole supplier for the Commonwealth, having won what sounded like it was said to be (but can't swear to it) a competitive bid.

Bill is amended to cover only DUI involving alcohol -- other substances not being detectable by the devices. Amended again, in principle but no exact wording available yet, to cover people who refuse to take breath tests. Amended again to cover people who "violate any court order", i.e., flunk out of VASAP.

Needs further amendment to specify that violating court order must involve alcohol use; VASAP will flunk you out for missing a bus!

Bill is passed by for the day to allow amendments to be crafted properly. Expected to be acted upon at next meeting.

The following bills on the docket were NOT heard today:

HB622, Brink, sex/kids

HB982, Nutter, CHP data

HB1043, Watts, Polygraph

HB1044, Watts, Sex Offender Regisry

HB1395, Bell, sexassault policies

HB1414, Scott JM, Revocation of CHPs

The Committee rose just before 5 pm.

-----------------------------------------------------

1/2 hr after House adjourns House Courts of Justice - Mental Health Subcommittee

Only two bills on their docket, and I'm assured (for what THAT's worth) that the subcommittee will be making them match the corresponding House bills. I'm in other committees.

SB216, Edwards, Involuntary mental health treatment; prohibition from possessing or transporting firearms.

SB246, Howell, Involuntary commitment; establishes new standard for outpatient commitment.

-----------------------------------------------------

ONE hr after House adjourns House Courts of Justice - Criminal Subcommittee

Fourteen bills on their docket, only three of which are of interest. Got there just about five minutes before they called it a day.

SB590, Howell, SUBSTITUTE. Sex Offender & Crimes Against Minors Registry; person may petition circuit court to be exempt.

Substitute version amended in subcommittee, recommended to the full Courts Committee.

The following bills on the docket were NOT heard today:

SB618, Stolle, Petit larceny; person who is convicted for second time must undergo substance abuse screening.

SB655, Newman, Contractors; employees having direct contact with students on school property.

Subcommittee rose shortly after 5 pm.

---------------------------------------------------------
If you're interested in whether or not poor women in Virginia are able to receive needed health care, then Planned Parenthood of Virginia would like for you to visit this website:
http://www.ppaction.org/ppav/notice-description.tcl?newsletter_id=12836506
---------------------------------------------------------

Next significant meetings are Thursday:

7:30 a.m. House Militia, Police and Public Safety - Subcommittee #2; 8th Floor West Conference Room, General Assembly Building
Victim confidentiality

7:30 a.m. Senate Courts of Justice Criminal Subcommittee; 3rd Floor East Conference Room, General Assembly Building
Intelligence, sex, fences

8:00 a.m. House Health, Welfare and Institutions - Subcommittee #2, Welfare; 5th Floor West Conference Room, General Assembly Building
Drugs and welfare

8:30 a.m. Senate Education and Health; Senate Room B, General Assembly Building
Mental health, sex, drugs

NOON House and Senate convene.

4:00 p.m. Senate Courts of Justice Special Subcommittee on Proposed Mental Health Legislation; Senate Room A, General Assembly Building
Mental health, guns

5:00 p.m. House Militia, Police and Public Safety - Subcommittee #1; 7th Floor West Conference Room, General Assembly Building
Guns

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 09:43 PM | Permalink | TrackBacks (0)

The Supreme Court dealt a setback Tuesday to civil rights and privacy advocates who oppose the Bush administration's warrantless wiretapping program. The justices, without comment, turned down an appeal from the American Civil Liberties Union to let it pursue a lawsuit against the program that began shortly after the Sept. 11 terror attacks.

Full Story at http://ap.google.com/article/ALeqM5jyusZ2V1ACKGV2iJuGVmuPUERi_QD8UTICG00

Posted by Leonard Harris at 11:28 AM | Permalink | TrackBacks (0)

file GA08-02-19
General Assembly, Tuesday February 19th, 2008

7:30 a.m. Senate Courts of Justice Criminal Subcommittee. A number of bills that we've dealt with in the House are being considered here for recommendations to the full Committee.

HB34, Ingram, SUBSTITUTE. Aggravated sexual battery; person over 18 guilty of felony with child under 13.

This is the "French kissing" bill, developing from a case where the sixty-something-year-old husband of a child care provider was caught by the mother of a ten-year-old child French-kissing the child. The adult was charged with contributing to the delinquency of a minor, got no jail time and a small fine, was not required to register as a sex offender and also was not prohibited from continuing to work caring for other children.

The bill would include this specific offense as the felony of "aggravated sexual battery".

The girl's mother, "Mrs. X", testified: tough story to hear, and to tell.

Bill raises serious policy questions, which are subject to prolonged discussion in subcommittee and counsel. Agreement that there should be a harsher law to cover such acts, but vast reluctance to make this quite this serious an offense.

Subcommittee decision is to attempt to accomplish the ends of the bill in a different way, and have that ready for next meeting of full Committee.

Pending that new version, subcommittee makes no recommendation.

HB436, Miller J, Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer.

This is the bill to allow an officer to physically arrest, and search, people who commit misdemeanors, instead of merely issuing a summons as is generally required under current law. Some proponents admit that they want this change so they can search people for any contraband, even though there's no relationship with any offense they may have committed. Opponents say there's already quite enough discretion provided for the officer, and only limited protection of our rights to privacy.

The "Moore" case, now before the Supreme Court, depends on use of evidence seized in arrest rather than summons. Moore was stopped, and rather than issuing a summons as the law requires, the officers arrested him, took him to his hotel room, and searched his person and his room. They discovered contraband, and used that to bring additional charges against him. In court, they admitted that they had not had any of the allowable reasons for arresting rather than issuing a summons for the original offense; they just arbitrarily decided to do so. The court ruled that they should not have arrested him, and that therefore the evidence found by the search incident to that arrest could not be used against him.

Patron explains that bill will "clear up" the summons statute, which "everyone" thought had meant that an officer could choose to arrest in spite of the fact that the statute says that he "shall" issue a summons in most cases.

Speaking for the bill:
Com. Atty. Assn. favors bill, ditto Homicide Detectives Assn.
First four cases were trespassers in public housing projects, searches found drugs, one found gun.

Delegate Stolle opposes the bill; points out that law was clear when he taught Virginia Beach police search-and-seizure law back in the seventies, and for all the years that he served on their force. "Just because some police officers have been doing it wrong doesn't justify changing State law."

Lynchburg PD representative favors law. Points out other sections of Code that specifically authorize "arrest".

Just after 9am, committee recesses until 9:45am to allow members to attend a critical meeting of the Finance Committee.
Stolle announces that he intends to move to refer the bill to the Crime Commission, to allow it to be worked on throughout the year and be ready for reintroduction in the next session.

Subcommittee reconvenes, 9:50 am.

Retail Merchant favors change; wants to be able to arrest/search shoplifters who have been barred from entering premises.

Prosecutor favors for same reason, and other trespassing situations. 45 other states have this power. (No info on how this is handled in 5 other states.)

Fraternal Order of Police favors bill. Admits that there are bad police out there, but we need to trust until some reason not to.

State Police Assn. in favor; bad police officers don't need this bill, good ones do.

Sheriff's Assn. supports. (Last year, no agreement among sheriffs across the state.)

Hope Amezquita from ACLU opposes; 4th amendment freedom from random searches, and increased opportunity for profiling and other selective enforcement.

Mike Stollenwerk from Fairfax County Privacy Council opposes: privacy rights. Has AG's opinion from years back, clarifying the statute (and thus refuting claims that "everyone" misunderstood it).

Christina Rebeil from Immigrant Peoples Coalition opposes: increased opportunity for selective application, profiling.

Mark Hjelm, private citizen, opposes: points out added costs of processing more people at lockups and jails.

Jim Kadison of Virginia Citizens' Defense League opposes: abuse potential, cites illegal enforcement actions in Norfolk and elsewhere.

D.J. Geigler of the Indigent Defense Commission opposes: enough exemptions, statute quite clear.

Ben Greenberg of the Virginia Organizing Project opposes: profiling, cost, lack of guidance.

Claire Guthrie Gastanaga of the Va. Coalition of Latino Organizations opposes: profiling, unlimited discretion for officers.

I spoke, as well. Unlike anyone else in the room, I was present when the statute was enacted, and was able to testify to the intent. It was quite clear that the Assembly meant that officers SHALL issue summonses, unless one of the exceptions applies.

Stolle responds to query about previous request for Crime Commission study. No report because they were convinced not worth it.

He asks AG's representative about differing standards for "likely to disregard". Discussion among lawyers about court interpretations of existing lanuage.

Chairman Saslaw moves change new "may" back to "shall". Carried.

Patron makes last argument for bill: previous practices by polce who misinterpreted existing law have not shown any of problems suggested by opponents. (Several people roll their eyes.)

Stolle reiterates should be no confusion. Explains the exceptions where, under present law, police officer is allowed to arrest:
If the subject refuses to sign the summons and promise to obey it;
If he refuses to discontinue the unlawful conduct;
If the officer believes that the person will disregard the summons;
If the person is "reasonably believed" to be likely to harm himself;
If the person is "reasonably believed" to be likely to harm anyone else.

Committee Counsel Steve Benjamin explains basic misconception about effect of "Moore" decision. Even if officer arrests, rather than issues summons, this has no effect on validity of original charges. The only thing that is affected is whether or not any evidence found in a search pursuant to that arrest would be admissible in court.

Hurt moves to report. Explains that we need to make law clear. Remedy for abuse of police power is to sue officer and/or government employing officer.

Stolle opposes on grounds of expansion of police powers, allows practically unfettered discretion.

Benjamin explains unliklihood of suits against police for any than the most egregious abuses with unimpeachable wittnesses. Attorneys won't take anything less than a slam-dunk, because almost impossible to win.

Vote finally comes at 10:40 am. Split vote: 3-3-1 (one abstention). There will be no recommendation either way.

Stolle asks bill not be on tomorrow's docket, to allow more time to work on it.

HB622, Brink, Sexual offender; prohibited from residing in or near public park in proximity to children.

Bans those on registry from living in or within 500 feet of a public park which is next to a school.

Amended to refer to parks which "share a property line" with schools.

Problems exist in bill where it affects people already living in such places, and with the fact that it would apply to such "public parks" as Jeffferson National Forest, which is vast. Also, as we tighten restrictions each year, there are fewer and fewer places where offenders are allowed to live, which not only causes practical problems but moves closer to point where restrictions amount to banishment, which is clearly unconstitutional and would get all restrictions struck down.

The bill needs more work. Subcommittee makes no recommendation.

SB1442, Iaquinto: SUBSTITUTES. Ignition interlock; required implementation after first DUI conviction.
This would require use of an ignition interlock device on all cars at the home of a person convicted a second time of DUI. The interlock device would not let the car be driven without the driver (or someone else) blowing alcohol-free air through a sensor. It would also periodically demand another test while car is being used. Patron explains that there's a high degree of recidivism among DUI offenders, and that the states that have implemented this change have lowered that rate.
Discussion on public policy impact, costs to Commonwealth, costs to defendants (which are high).
Representatives of Mad Mothers speaks, as does representative of company renting these devices to thousands of drivers.
Discussion of costs, need for bill, actual benefits vs. apparent ones.
Bill is recommended after amendments.

Minutes before the noon convening of the House, subcommittee rose. Balance of bills on the docket will have to wait.

AMONG THOSE NOT HEARD TODAY:
HB159, Albo, SUBSTITUTE. Stolen property; person guilty of larceny if knowledge of property buying or given is stolen.

HB567, Crockett-Stark, Sexual offenses; those convicted prohibited entry onto school property.

--------------------------------------------------------

9:30 a.m. House Health, Welfare and Institutions; House Room D, General Assembly Building

I could not attend this meeting because of conflict with the earlier and ongoing subcommittee meeting. Among the bills they heard were these two.

SB405, Puckett, Controlled substances; nonresident pharmacies; penalties.

Reported from Committee and referred to Appropriations. Last available cost estimate is over $606,000.

SB429, Lucas, Opiate addiction treatment providers; daily service fee.

Continued until 2009 by Committee; dead for this session.

---------------------------------------------------------

Next significant meetings are Wednesday:

House and Senate convene at noon.

2:00 p.m. Senate Courts of Justice; Senate Room A, General Assembly Building

1/2 hr after House adjourns House Courts of Justice - Mental Health Subcommittee; House Room C, General Assembly Building

ONE hr after House adjourns House Courts of Justice - Criminal Subcommittee; House Room C, General Assembly Building

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 04:16 PM | Permalink | TrackBacks (0)

From the Bill of Rights Defense Committee

Thank you for your calls urging House members to protect our Fourth Amendment by letting the Protect America Act expire. Last Thursday, many House members heard your voices and did just that. The Protect America Act, which gave the administration unchecked power to monitor Americans' phone calls and emails, expired at midnight last Friday, Feb 15.

We must build on the momentum of this victory! Call your representative and both of your senators during the current recess. Find out if they're holding public meetings, and gather allies to attend with you. After Congress returns to Washington on Feb 25, they will vote on a compromise now being worked out between the Senate-passed FISA Amendments Act and the House-passed REFORM Act. And you can be sure the White House will keep trying to frighten and mislead the American people and Congress about its warrantless wiretapping program.

But don't let them drown out the truth about government surveillance! During the remaining week of Congress's recess, thank those members of Congress who refused to surrender to the administration, and urge all members to preserve Americans' Fourth Amendment rights and to serve as a check on executive branch spying.

Check these voting records to see who deserves your thanks:

* Thank your senators who voted on February 12 against S. 2248, the FISA Amendments Act. See how they voted here.
* Thank your representative if he or she voted in August against S. 1927, the Protect America Act, here.
* But if your representative voted "no" on the PAA, and is among four of the 21 Democrats who is urging House Speaker Nancy Pelosi to grant immunity to telecoms, he needs your urging in the opposite direction! (The four are: Marion Berry; D-AR, Joe Baca, D-CA; Tim Holden, D-PA; and Dennis Moore D-KS) See letter here.

Look up Washington, DC office phone numbers for both your senators and your representatives here, or visit their websites to find their district office phone numbers. You may also call the Capitol Switchboard at 202-224-3121 (available 24 hours) and ask the operator to connect you.

Key points to make during your call or congressional meeting:

* Vote NO on the FISA Amendments Act that the Senate passed on February 12. The RESTORE Act passed by the House in November offers stronger protections of Americans' Fourth Amendment rights.
* Vote NO on immunity for telecommunications companies. Allow the lawsuits to proceed so we can learn in open court what laws the administration violated and how Americans' privacy has been compromised. Private business already has immunity in good-faith situations; they shouldn't be given immunity for breaking the law. The House-passed RESTORE Act does not grant immunity.
* Vote NO for any bill that allows wiretapping on Americans without the warrants that the Fourth Amendment specifically requires for government searches.
* Insist on quarterly audits of the program by the Department of Justice's Inspector General, which the House-passed RESTORE Act would provide.
* Make it clear that FISA must be the exclusive means for wiretapping in the US. The president is not above the law.

If unchecked surveillance powers will keep us safe from terrorists, why is the president instead placing such a high emphasis on telecom immunity, to the point of allowing the Protect America Act to expire? Telecoms can still be compelled to help the government when provided a legal warrant. No, the president's focus on telecoms reveals that his chief concern is keeping himself and the telecoms safe from scrutiny. Terrorism is being used as a scare tactic to hide the president's and the telecoms' crimes.

Keep in mind the words of the Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."

We must keep reminding our elected officials of our Bill of Rights, and the oath they swore to defend the Constitution!

Thank you for all you do.

Bill of Rights Defense Committee
http://bordc.org
info@bordc.org

Posted by Leonard Harris at 03:43 PM | Permalink | TrackBacks (0)

The Patrick Henry Supper Club presents:

"Peak Oil"
Jon Walker
Chairman
Richmond City Libertarian Party

The PHSC will meet at its usual location, Eastern Buffet, 7586 W. Broad St. Richmond, VA 23294
(in Merchants Walk Shopping Center). Dinner is at 6pm and the main event is 7pm.

Posted by Leonard Harris at 03:16 PM | Permalink | TrackBacks (0)

Volunteers are needed to help work the info table at the C&E Gunshow.

Please contact gunshow@richmondliberty.org if you would like to help.

Location:
The Showplace
3000 Mechanicsville Turnpike.

Shifts:
9:00-1:00 and 1:00-5:00 on Saturday, March 1, 2008
10:00-1:30 and 1:30-5:00 on Sunday, March 2, 2008

Posted by Leonard Harris at 03:04 PM | Permalink | TrackBacks (0)

file GA08-02-18
General Assembly, Monday February 18th, 2008

----------------------------------------------------------

OMISSION: In Friday's report, 08-02-14, I somehow failed to note what the House Courts of Justice Committee did to SB562, Methamphetamine sentences. See discussion under HB931 in this morning's Senate Courts meeting.

----------------------------------------------------------

e-mail question:
What did you mean when you said that the House of Delegates would meet in a "pro forma" session?
----------
Answer:
The best way to define a term is to point at it.
Look at Saturday's session; notice when they met, and what they did, and be sure to notice when they adjourned.
Saturday: http://tinyurl.com/23t9tj

Now compare that with something like Thursday's session; notice the same things. The difference between them is the difference between a "for the form of it" session, and a real session.
Thursday: http://tinyurl.com/2gcezt

---------------------------------------------------------

In the last report, I mentioned:
>SB38, Deeds, Nonpartisan Redistricting
and had some less-than-complimentary things to say about the subcommittee/committee process. Those comments stand as written, of course, and I direct your attention to the report written by a REAL journalist, Tyler Whitney of the Richmond Times-Dispatch.
See http://tinyurl.com/35fk5b.
Also, Bart Hinkle, esteemed Associate Editor of the Richmond Times-Dispatch, has covered it in his blog and drawn some comments. Check them at:
http://barticles.mytimesdispatch.com/, then scroll down to:
"When The Times-Dispatch Speaks, People Listen ", dated 15 Feb. You might be motivated to comment.
(More action on that issue today, below.)

-------------------------------------------------------------

The Senate Courts of Justice Committee met about 8:30am, to consider bills that have already passed the House of Delegates. Each bill, before going to the Governor to be signed into law, must be passed in identical forms by both House and Senate. Jim Kadison and I were on hand.

HB224, Cosgrove, SUBSTITUTE DWI.
Passed by for the day by request.

HB597, McClellan, SUBSTITUTE, "Shotgun marriages". Repeals the Code section that allows someone charged with having sex with a 15, 16, or 17-year-old to avoid prosecution by marrying her.
I spoke briefly to suggest an amendment to avoid the unintended consequence of removing court supervision of any such marriages that may now exist. This sparked an involved analysis of that section of the bill, which finally led to agreement that my suggestion probably wasn't needed. Since all these guys know the law a lot better than I do, I figure they're probably right.
Bill is reported to the full Senate.

HB710, Janis, "Castle doctrine", says that a home is illegally entered by someone who then does something to threaten or harm the people who are there lawfully, a lawful occupant cannot be sued for using excessive force in defense of himself or others.
The subcommittee which had heard the bill decided that existing common law is adequate protection, and recommended that the bill be killeded.
Public comment was not requested (but had been allowed at subcommittee).
Bill is killed, only 2 noes.

HB931, Gilbert, Mandatory minimum penalties for Methamphetamine.
The estimated cost of this bill is $260,310.
Basically the same as SB562, with one difference.
The Senate bill had a clause added that said that it would not take effect until and unless the 2008 session of the Assembly passed an appropriation to pay for it, and the appropriation became law. Friday, the House Courts of Justice Committee removed that clause from the Senate bill.
Today, Senate Courts added the same language to this bill.
Before either bill becomes law, both House and Senate must agree on all the language. If they fail to do so, the bill never goes to the Governor.
Bill is reported, and referred to Senate Finance.

HB1043, Watts, SUBSTITUTE Bars polygraph of victims of sexual offenses as condition of prosecution.
(Incorporates HB1488, Sherwood.) Similar to SB164, Lucas.
Del. Watts offers amendment to bill to meet objections of victims-rights advocates.
Possibly return to subcommittee to fix wording?
Lots of time already spent on wording.
Referred back to subcommittee for more work.

Mental health bills are in subcommittee, and expected to be heard here Thursday afternoon. Committee rose at 10:10 am.

---------------------------------------------------------------

House and Senate met at noon.

On the floor of the House, Del. Morrissey spoke of matters killed in committee votes, with special attention to SB38 for bipartisan redistricting. He feels that many issues should be discussed on the floor, rather than killed in committee.
Del. Chris Jones defended his subcommittee's action.

SB654, Newman, designates a portion of Route 460 (near Liberty College) as the "Jerry Falwell Parkway"
We were regaled with accounts of what a wonderful, warmhearted man Mr. Fallwell was, beloved by all, with malice toward none. (Some people have contrary opinions.)
The bill was approved, 90-3.

--------------------------------------------------------------

15 min after House adjourns, House Committee on Privileges and Elections met to have the roll call vote which was not permitted at their Friday meeting.
Motion is to place bill on docket for next meeting. Aye is to allow consideration, nay is to leave the bill dead. It's made explicitly clear that this is, simultaneously, a vote to support or rebuke the Chairman for his actions.
Pretty much party-line vote (one no from Democrat); motion dies.
Motion to reconsider made by the D who deliberately voted "wrong" before; the motion fails.
Bill is dead, barring some highly unlikely actions.
Meeting adjourns, estimated length 5 minutes.

----------------------------------------------------------------

ALSO 15 min after House adjourns, House Committee on Militia, Police and Public Safety met to consider two gun bills.

SB476, Hanger, would change the law regarding handguns in places that serve alcohol.
Present law prohibits any concealed carry, even by CHP holders, in places with ABC licenses. While it also prohibits persons "under the influence" of alcohol from carrying a firearm, it does not actually prohibit drinking while carrying.
The bill, as amended and passed the Senate, would allow concealed carry by permit holders, but require them to notify management that they were carrying, and also prohibit any use of alcohol whatsoever. The bill also removes the existing exception for owners and employees. It establishes penalties for a concealed-carrier drinking any alcohol (up to six months, and fine of up to $1,000), and higher ones (up to 12 months, and up to $2,500) for becoming intoxicated.

In the absence of the patron, Delegate Griffith, Majority Leader, explains that the bill is pretty much a take-it-or-leave-it measure, and any amendment would likely defeat it.

Philip van Cleave of Virginia Citizens' Defense League, Mike Stollenwerk of Fairfax County Privacy Council, and Tom Evans of the Virginia Shooting Sports spoke briefly in support of the bill, as did I. Usual arguments.

Tom List, of Va. Hospitality & Lodging Ass'n, opposed. Says there should be no concealed weapons in ABC-licensed places. Denies that many other states allow this; concedes only one. Claims 1,700 CHP holders have had licenses revoked, claims CHP holders have gone into bars and committed homocide. No instances cited.
Curtis Coleman, ABC board, speaking for the Kaine administration. Afraid of concealed weapons as threat to agents. Griffith asks whether law enfocement agents are now assuming that there are no concealed weapons now (illegally) carried in bars? Coleman says that they don't, but it's still bad.
Alice Mountjoy of Va. Ctr. for Public Safety says that at least now customers can see guns, and leave if they so decide. Says amendment about notification is setting up bartender and management for liability. (It's pointed out by Committee members that there is nothing in the bill to establish any liability or penalty for management/employees who serve alcohol to a person who's carrying. The onus is entirely on the carrier.)

Delegate Scott questions penalty for not informing management, says that this is an imperfect bill. Other members explain to him that if someone fails to make the required notification, they're in violation of the CHP law, which is a Class 1 Misdemeanor. (No one asks him to point out ANY bill that is NOT "imperfect".)

Motion to report.
Senator Hanger gets to Committee just as it's getting ready to vote. Answers a question or so.
Move pending question -- Ayes carry.
Move to table the motion to report -- Nays carry.
On motion to report: Ayes 16-5
Bill is reported to the full House of Delegates.

SB436, Vogel, Concealed weapons in vehicles; would allow legal firearm in locked container in vehicle, regardless of CHP permit.

Current law requires that any person who has a legal firearm, but does not have a CHP, can carry it in a vehicle only if it's either "unloaded and securely wrapped", or if it's in plain sight within the vehicle.

This bill would allow the weapon to be loaded and unwrapped and out of sight, provided that it was stored "locked in a container or compartment".

Proponents say that this is much safer, especially with children present, than having the weapon on the front seat.

Joe Walters State Police opposes.
Stolen cars, breakins may give guns to criminals.
Griffith asks whether gun isn't more likely to be stolen if not concealed in unoccupied vehicle? Walters agrees it is.

Del. Scott asks if this wouldn't endanger police?
Del. Kilgore explains history of this issue.
Janis asks about training of police for traffic stops. Admission that police are advised to always assume that there may be a weapon.

Alice Mountjoy of VCPS finally ADMITS that CHP holders are most reliable people around. Says you should have one if you want to carry concealed.

Janis asks if she knows laws in adjacent states, some of which require that weapons be stored in locked containers. She doesn't, says it doesn't matter. She says guns and children are bad.

Motion to report passes, 17-4.
Bill is reported to full House.

Committee rose.

I made a point of talking with Ms Mountjoy after the meeting. Her organization had sent out wildly misleading material about HB710, the "Castle Doctrine" bill, and she had repeated some of those assertions before a Senate committee. When I emailed her group asking for some shred of justification for the claims, I had gotten no answer. When I asked her directy today, whether they had not bothered to read the bill, or had misunderstood it, or if there might be some other explanation, she refused to answer the question and walked away. One explanation might be that she's ashamed of the answer, whatever it may be.

---------------------------------------------------------------

The House Courts of Justice Criminal Subcommittee met almost immediately after MP&PS adjourned. They have several criminal-justice issues with which I'm concerned.

SB222, McDougle, Firearms; possession by persons who committed felonies while juveniles.

There's some question as to exactly what this bill does. If what the patron says is correct, then the official summary is at best incomplete.

Mike Stolenwerk spoke for VCDL in opposing the bill, and I was in line to do so, on the ground that it was imposing lifetime bans on firearm ownership for people who had committed a crime as juveniles, then had their rights restored ten years or more later.

The patron said that we were misunderstanding the effect of the bill, and that it actually removed a loophole that allowed some very serious felons to suffer no loss of rights at all, while others were subject to a lifetime ban.

Even the lawyers' lawyers on the Committee staff found this one very hard to understand.

In the end, the subcommittee voted to recommend the bill, but several people, me included, are going to be parsing it out line by line between now and full Committee hearing.

SB369, Watkins, SUBSTITUTE. Provides for "ex parte" hearings -- where only one side is present -- before a court to request state-paid independent experts for indigents charged with capital offenses. The substitute version came out of Senate Courts 12-3, and passed the Senate 34-4. This had been under my radar before this hearing.
Supporters explained when, and why, this is needed; briefly, the lack of it harms the ability of an indigent defendent to receive a fair trial, and the Commonwealth already has the privilege.
Opponents say ex parte hearings are inherently unfair, except when they aren't. Others suggest that this is a way to go on 'fishing expeditions' at tax-payer expense, without having to share any of the information with the Commonwealth.
Bill is carried over to next session -- dead for this year.

SB556, Obenshain, SUBSTITUTE. Reckless driving; violation of right-of-way resulting in death of another.

As this passed the Senate, it makes it a misdemeanor (up to 12 months and up to $2,500) to violate the right of way and kill someone because of it.

The bill is a response to one fairly recent case where a car driver saw, but ignored, a motorcyclist, and illegally cut him off, causing him to die. She received only a hundred-dollar fine. (I have seen a very similar case myself, and by far the majority of accidents involving a car and a motorcycle are the faut of the car driver.)

There were several speakers in favor, including me.

The subcommittee members were very concerned about making the penalty for an action dependent on the results of the action, rather than on the action itself. After much discussion, the bill was not recommended, 6-5.

SB618, Stolle, Petit larceny and substance abuse screening.
Would require substance abuse screening for people found guilty of a repeated offense of petit larceny.
Out-of-town witness was heard, but no action to be taken.

SB678, Puckett, would establish statutory authority for a Drug Treatment Court in Tazewell County.
We are assured that they will neither need, nor ask for, any state funds, as they have financial resources available locally. (They have a million and a half dollars from the Oxycontin settlement.) There is already an existing drug court, but its capacity is limited.
Bill is recommended for full Committee, 5-4.

SB775, Hurt, Would allow a Drug Treatment Court for juvenile offenders in Franklin County.
We are informed that they've promised not to ask for State funds for at least two years, and that the only reason that the court would be limited to juvenile cases is the reluctance of the patron to sponsor it for adults.
Motion to approve is split, 5-5.
Motion is reconsidered, now passes 5-4.
Bill will be considered at the next meeting of the full Committee.

Committee rises just after 6pm; hope to finish Wednesday but maybe not.

-----------------------------------------------------------------

Next significant meetings are:

7:30 a.m. Senate Courts of Justice Criminal Subcommittee; 3rd Floor East Conference Room, General Assembly Building
Numerous.

9:30 a.m. House Health, Welfare and Institutions; House Room D, General Assembly Building
Dope bills.

House and Senate convene at noon.

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 10:24 PM | Permalink | TrackBacks (0)

by Robert Russo

A rare topic on this site is the military, which some Libertarians vehemently oppose and others strongly support, although war stories have been posted before. Like most people I have a friend in Iraq, although he is in relative safety and luxury far from the front lines. This is not a war story nor would I try to evaluate his experiences over there, but this particular one has relevance to the cause of liberty.

My friend is one of the most liberal, non-uniform people I know. Although he is a minister with a conservative interpretation he is also a model of the hip domestic lifestyle, whose joy comes from the latest comic books, video games, fantasy novels, sci-fi television and other literature. Most people of this description (myself included) cannot succeed in the military profession or any job in which a behavioral code is enforced on one's personal life (like ministry). So when he decided to enlist as an army chaplain I was shocked and dismayed for him. But in doing so he has opened a window for me into that mysterious world an anti-military freethinker will never see, and he has succeeded. Here are his words...

I'm officially a Soldier but I don't feel much like one. They still say and do things that I don't really understand. There's a certain slang that I haven't picked up yet. I feel like an infiltrator. I still do everything I used to do except I wear a uniform. There's more physical training which I pretty much avoid. I will be tested on it though so I should probably get on it. I definitely have more status than I had in youth ministry. Here I'm a Chaplain and a Captain. As such I get a lot of leeway. I can do and say things that would get most people in trouble. ...I really do like being around them and I think they like me. The Soldier swears and cusses almost every other word but whenever anyone is around me they don't, because I'm a Chaplain, in fact if one does swear, the others will yell at them and tell them so show some respect! As a Captain I'm pretty high up the chain of command and there are very few people who can actually tell me what to do and the ones under me are "extra nice" when I'm around. Chaplains don't have any command ability. I can't really tell someone what to do, but if I do they will generally do it right away. ...I'm like a Soldier but not a Soldier. I feel like these guys need someone who's different from everyone else. I really like my job.

I don't know if most readers can understand what it means to see someone very much like myself in "the lion's den", where just the presence of a freethinking person makes a difference in the lives of men stripped of their individuality and identity; wondering how they can make life and death decisions and be respected with various parts of their lives missing. Usually you see more commonly sympathized injustices like the war itself, its horrors and the pain of separation.

My friend has bridged the gap between a group I thought had no tolerance for liberals, libertines, individuality itself, and I wish him well. Stories from troops in Iraq and Afghanistan can be read at gocomics.typepad.com/the_sandbox.

Question of the Week: How has the war affected you as a libertarian or as a citizen? Were you or a friend put in a situation where personal liberties took a dive either at home or abroad? Send your experiences to russo@richmondliberty.org.

If you have topics of interest to libertarians please let us know. We welcome your input!

Posted by Robert Russo at 01:55 PM | Permalink | TrackBacks (0)

file GA08-02-15
General Assembly, Friday February 15th, 2008

At 7:00 am, the House Privileges and Elections - Subcommittee #2, Elections met.

SB35, Deeds, Manual recount.
This says that when a recount is needed in an election, you need to actually re-count the ballots. Under current law, all the officials are allowed to do is look at the output sheets of the tabulator machines, rather than actually run them through again. This would return the law to what it had been before 2002.
League of Women Voters spoke in favor.
Alex of Verified Voting Coalition ditto.
Public comment cut off.
Bill is suddenly "laid on table to give time to fix the problem" I hadn't noticed that there had been one.
MAYBE it will be brought back.

SB38, Deeds, Nonpartisan Redistricting
This would take the power of redrawing election districts out of the hands of whichever party happens to be in power, and give it to a bipartisan commission.
There was a long string of people (including me) speaking in favor of the bill, from private citizens to the League of Women Voters.
No one spoke in opposition.
Subcommittee had a few questions, and considerable discussion among the members.
Miserable voter turnout -- 11%!!!
Unintended consequences???
Inequity here not been identified.
Chair says won't solve problems; defends gerrymandering.
Chair: Demographics rules; redistricting is not political . . .
Chair: Respect proponents, but this bill doesn't solve problem.
Motion: Pass By Indefinitely (kill): passes 3-2
I repeat, there was NO ONE from the public speaking against this bill.
DURN!

------------------------------------------------------

At 9:00 am, the full House Privileges and Elections met, and among other items received the report of the subcommittee that met earlier this morning. Neither of the bills reported upon above was mentioned in that report.

SB38, Deeds, Redistricting.
The Committee had been ready to adjourn without considering this bill, but a motion was made to bring it up.
The motion was apparently defeated by voice vote
chair adjourned the meeting
no count made
repeated requests for role call
refused "You'll have to make that motion at the next meeting."
I have seen meetings that were more orderly, and which adhered more strictly to the rules.
Most disappointing.

-------------------------------------------------------

House met at ten, for only half an hour.
During that time, the Chair of the House Appropriations Committee reminded members that the Governor has recently told them that the State's budget shortfall is worse than had been expected. He said that HAC will be announcing their take on the budget Sunday at 2pm, and advised all members to attend, so that they'd be ready for setting priorities Thursday.

------------------------------------------------------------

About 10:43 am, the House Courts of Justice met to consider bills already passed by the Senate. Chair says we'll deal with bills that are similar to House bills already worked on here.

Bills that drew objections or debate were referred to the appropriate subcommittee to be worked on.

SB114, sex offenders, referred to Criminal subcommittee.

SB164, No polygraph for victims, referred to Criminal subcommittee.

SB216, guns and mental health, referred to Mental Health subcommittee.

SB241, school policies against sexual offenses by employees, was conformed to Delegate Amundson's bill, HB1067.

SB608 delayed in Committee -- reconsidered -- reported.
actual case where this was used -- per nutter -- now we know that bill has to go through.
27-yr-old and 15 yr old
reported 15-0

Committee rose less than an hour after they had convened; shortest meeting of this Committee I've ever witnessed!

We're warned to expect extensive subcommittee meetings Monday and Wednesday.

-------------------------------------------------------

Next significant meetings:

SUNDAY:
2:00 p.m. House Appropriations; 9th Floor Appropriations Room, General Assembly Building

4:00 p.m. Senate Finance; Senate Room B, General Assembly Building

MONDAY:

8:30 a.m. Senate Courts of Justice; Senate Room A, General Assembly Building

House and Senate meet at noon

1 1/2 after House adjourns House Courts of Justice - Criminal Subcommittee; House Room C, General Assembly Building

NOTE THAT THIS MEETING MAY BE MOVED UP, PENDING MEETING OF HOUSE MILITIA, POLICE, AND PUBLIC SAFETY!

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 03:40 PM | Permalink | TrackBacks (0)

file GA08-02-14
General Assembly Thursday, February 14th, 2008

Cumulative list of GA2008 bills of interest
compiled feb 12-14 08

"Roy's Big List o' Bills"

That whimpering noise that you may have heard the other night was the sound of hundreds of pieces of would-be legislation dying . . .

We've passed Crossover, the date after which the House can only work on bills that originated in the Senate, and the Senate can only work on House bills.

According to the Richmond Times-Dispatch, there were 1,441 bills originated in the House, of which only 616 (42%) went to the Senate. Likewise, there were 683 bills from the Senate, of which 433 (63%) survived.

This is a list of all the bills that have been mentioned in my previous reports (and some others that have caught my eye), and their present status. Each bill number is followed by a short summary and then where it is in the process.

AMD. means that a bill has been amended;
SUB. means that it is a substitute, completely rewritten.
Committee names are generally abbreviated:
CofJ=Courts of Justice, E&H=Education and Health, LG=Local Government

As always, further details on each of these bills are available at the Legislative Information Services website:
http://leg1.state.va.us/
I urge you to check out bills in which you're interested.

There are over 200 bills listed below . . . and there are a whole lot more that are not listed, which will nonetheless affect your life in the future. PAY ATTENTION! Remember, as statedby a New York court many years ago:
"No man's life, liberty, or property
are safe while the Legislature is in session."
1 Tucker 248
N.Y. Surr. 1866

---------------------------------------------------------

Most of this information is a mere update, with few changes; where there are amendments or substitutes, they generally have little effect. One exception is HB1171, Cosgrove: Alcoholic mixed beverages; grounds for suspension or revocation of license if lewd conduct allowed.

The substitute version of this bill is quite different from the original. You may wish to read details below.

---------------------------------------------------------

HOUSE BILLS

**HB21, O'Bannon: AMD. Salvinorum A as a Schedule I hallucinogenic. Includes salvia divinorum and salvinorum A, the active ingredient of the salvia divinorum plant, in controlled substance Schedule I as hallucinogenic drugs.
AMENDED to cover only Salvinorum A.
PASSED HOUSE 98-0
SENATE: E&H

**HB27, Purkey: Possession of open container of alcohol in a motor vehicle; penalty.
Provides that no person shall possess an alcoholic beverage in the
passenger area of a motor vehicle upon a public highway of the
Commonwealth in other than the manufacturer's unopened, original
container.
DIED: House: Left in Militia, Police and Public Safety

**HB34, Ingram: SUB. Indecent liberties with child; custodian guilty of felony therewith.
Would make it a felony for an adult in a supervisory position to "French-kiss" a child.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB109, Cole: Firearms; regulation thereof by state entities.
Prohibits a state agency, council, commission, or other entity from adopting any rules, regulations, or policies governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, unless expressly authorized by statute. The prohibition does not apply to state, local, and regional correctional facilities or mental health facilities, nor is it to be construed to prohibit a law-enforcement officer from acting within the scope of his duties. Any rule, regulation, or policy adopted prior to July 1, 2007, except for those specifically authorized by statute, will be invalid.
DIED: House: Left in Militia, Police and Public Safety

**HB136, Peace: School; definition thereof for purposes of prohibiting weapons on school grounds.
DIED: House: Left in Militia, Police and Public Safety

**HB159, Albo. SUB. 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.
SUBSTITUTE Rewords to make clear this is for sting operations.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB169, Albo: Concealed weapons; adds box cutters to list.
Patron has requested that it be stricken from docket.
DIED House: Left in Militia, Police and Public Safety

**HB188, Bob Marshall: Delays until July 2010 the date when vaccinations are required of sixth-grade girls for Human Pappiloma Virus, which causes not only genital warts but also cervical cancer.
PASSSED HOUSE 55-39
SENATE: E&H

**HB210, Cole: allows private K-12 schools and child day
centers to hire armed security officers
DIED House Left in Militia, Police and Public Safety

**HB212, Cole: Repeals a law that allows localities to keep a record of handguns and tax sellers.
DIED House: Left in Militia, Police and Public Safety

**HB223, Cosgrove: SUB. Sex offenders; prohibiting proximity to children. HB705, BaCote, incorporated into this bill.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB224, Cosgrove: SUB. Driving while intoxicated; elimination of requirement that intoxicant be self-administered.
HB224 was presented as a substitute, incorporating HB558. The combined bills attempt to make it quite clear that it is illegal to drive while impaired by alcohol or other intoxicants
SUBSTITUTE PASSED HOUSE 97-0
SENATE: CofJ Sub. Criminal

**HB231, Cosgrove: Would have allowed law-enforcement officers to stop motorist for speeding, even when not wearing a uniform and driving an unmarked car.
DIED HOUSE: 2nd reading

HB243, O'Bannon: Informed consent for testing for human immunodeficiency virus. Incorporated into HB 1100.
DIED House: Incorporated by Health, Welfare and Institutions (HB1100-Sickles) by voice vote

**HB267, Albo: SUB. Involuntary commitment; indigent petitioner; right to counsel. States that, upon a finding that a petitioner is indigent, the court shall appoint the petitioner counsel.
Was un-incorporated from HB1144, at his request.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB281, Toscano: Would prohibit persons who are subject to protective orders from possessing a firearm. HB608, Eisenberg, was incorporated into HB281.
DIED House: Left in Militia, Police and Public Safety

**HB288, Englin: Indoor Clean Air Act; smoking in restaurants
DIED House: Left in General Laws

**HB296, Hargrove: Death penalty; 5-year moratorium on executions.
DIED House: Left in Courts of Justice

**HB299, Hargrove: Death penalty; abolishes for all Class 1 felonies committed on or after July 1, 2007.
DIED House: Left in Courts of Justice

**HB312, Landes: SUB. Would make it a felony to recklessly or negligently cause a stillbirth or miscarriage.
SUBSTITUTE PASSED HOUSE 86-13
SENATE: E&H

**HB315, Morgan: Expungement of marijuana charges.
Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in
accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1
DIED House: Continued to 2009 in Courts of Justice by voice vote

**HB334, McClellan: SUB .Cats; Class 5 felony to steal.
DIED House: Failed to report (defeated) in Appropriations 11-13

**HB365, Carrico: SUB. Substance abuse screening; person become ineligible for public assistance if using illegal drugs.
Substance abuse screening and assessment of public assistance
applicants and recipients. Requires local departments of social
services to conduct a screening of all applicants or recipients of
public assistance. This bill provides that, where a screening
indicates reasonable cause to believe an applicant or recipient is
using illegal drugs, the applicant or recipient may be required to
submit to drug testing. Where a drug test indicates that the applicant or recipient is using illegal drugs, the person shall become ineligible for public assistance. The person may reapply for public assistance once 12 months have elapsed from the date of initial ineligibility.
SUBSTITUTE DIED House: Left in Appropriations

**HB366, Carrico: SUB. Unemployment compensation; testing for controlled substances. Disqualifies an individual from receiving unemployment compensation benefits if he is discharged from employment as a result of a confirmed positive test for a nonprescribed controlled substance conducted in a United States Department of Transportation-qualified drug screen, conducted in accordance with an employer's bona fide drug policy. Currently, an individual is ineligible for unemployment benefits if he fails a drug test conducted in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent.
SUBSTITUTE much better than introduced version.
SUBSTITUTE PASSED HOUSE 97-0
SENATE: C&L

**HB370, Carrico: Concealed handgun permit applications; access to personal information.
Incorporated into HB982
DIED House: Left in Militia, Police and Public Safety

**HB371, Carrico: Firearm control; locality to pay attorney fees resulting from taking actions prohibited.
Would make localities which arrest people under ordinances that they know are illegal (as happened in Norfol last year) lable for legal fees of victims.
PASSED HOUSE 88-11
SENATE: LG

**HB384, Ware RL, Substitute: Computer trespass; alters elements of crime.
DIED House: Left in Courts of Justice

**HB385, Ware RL: Computer invasion of privacy; personal information.
DIED House: Left in Courts of Justice

**HB386, Ware, RL: Computer crimes; exclusion of evidence.
DIED House: Left in Courts of Justice

**HB422, Marshall RG: Abortion; post-viability.
DIED House: Left in Courts of Justice

**HB424, Marshall RG, allows full time faculty at universities and colleges with a CHP to carry weapons on-campus.
DIED House: Left in Militia, Police and Public Safety

**HB429, Marshall RG: SUB. Makes it a crime to force a woman to have an abortion.
SUBSTITUTE PASSED HOUSE 64-35
SENATE: Transportation
[No, I have no idea why an abortion bill would
be sent to the Transportation Committee either!]

**HB435, Miller J, would have required a person to identify themselves to a police officer on request.
DIED House: Left in Courts of Justice

**HB436, Miller J: Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors.
PASSED HOUSE 87-12
SENATE: CofJ

**HB470, Watts: AMD. Loitering; prohibited in right-of-way of certain highways with posted signs.
AMENDED
PASSED HOUSE 97-0
SENATE: Transportation

**HB480, Brink: Conditional release; voluntary admission to state hospital. bill is referred back to the full Committee without action.
DIED House: Tabled in Courts of Justice by voice vote

**HB491, Amundson: Would broaden the definition of indecent exposure to include being nude in any place, including one's own home, where others may see you.
DIED House: Left in Courts of Justice

**HB495, Cosgrove: Would raise the penalty for impersonating a police officer from a misdemeanor to a class 6 felony.
DIED House: Left in Courts of Justice

**HB496, Cosgrove: AMD. Adds unlawfully shooting a firearm into a vehicle or a dwelling a "predicate act" in determining that a group is a "criminal gang".
AMENDED
DIED House: Left in Appropriations

HB499, Hamilton: SUBSTITUTE Involuntary commitment; establishes new standard for outpatient commitment. Major restatement of involuntary committment laws.
SECOND SUBSTITUTE
PASSED HOUSE 98-0
SENATE: CofJ

**HB500, : Smoke Free Air Act; smoking in public places
DIED House: Left in General Laws

**HB529, Pogge: SUBSTITUTE Affects Concealed handgun permits; renewal and replacement. Allows replacement permits to show new address; allows renewed permit to take effect on date of expiration of old permit.
SUBSTITUTE PASSED HOUSE 97-2
SENATE: CofJ

**HB535, Mathieson: Involuntary mental health treatment; prohibition from purchasing, etc. firearms.Guns and court orders.
House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB553, Griffith: Would allow deferred disposition in most criminal cases.
DIED House: Continued to 2009 in Courts of Justice by voice vote

**HB554, Griffith: Computer crimes; website redirection, penalty.
DIED House: Left in Courts of Justice

**HB558, Valentine: Driving while intoxicated; elimination of requirement that intoxicant be self-administered.
DIED House: Incorporated by Courts of Justice (HB224-Cosgrove) by voice vote

**HB559, Bell: SUBSTITUTE. ECO, TDO, involuntary commitment; criteria.
Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior or other relevant information, or suffer serious harm due to his lack of capacity to protect himself from harm, or provide for his basic human needs.
SUBSTITTE PASSED HOUSE 98-0
SENATE: CofJ

**HB560, Bell: SUBSTITUTE. Representatives of Community Services Board and treating physician.
Requires the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB567, Crockett-Stark: Sex crimes; those convicted prohibited entry onto school property.
PASSED HOUSE 98-0
SENATE: CofJ

**HB572, Howell AT: Smoke Free Air Act; smoking in public places.
DIED House: Left in General Laws

**HB573, Watts: SUB. isitation, supervised;restrictions and conditions necessary to minimize any risk of harm to child. Protects child from abusive relatives.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB574, Watts: SUB. 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.
SUBSTITUTE
DIED House: Left in Appropriations

**HB576, Watts: SUB. More on sharing medical records. This specifically targets HIPPA, which otherwise prohibits release of medical information.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB582, Fralin: SUB. Psychiatric inpatient treatment of minors; timing of petition and hearing. Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the filing of the petition for such hearing. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB583, Marsden: SUB. Would allow a single extension of the duration of an emergency custody order
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB584, Marsden: AMD. Presumption of knowledge of statewide standard of care; malpractice.
Adds nurses licensed by a state participating in the Nurse Licensure Compact to those persons presumed to know the statewide standard of care in the field in which they are qualified or certified for purposes of medical malpractice actions or proceedings before a medical malpractice review panel.
AMENDED.
PASSED HOUSE 99-0
SENATE: CofJ sub. Civil

**HB588, Marsden: Includes pneumatic guns among the "deadly weapons" that are not allowed to be carried concealed without a permit.
DIED House: Left in Militia, Police and Public Safety

**HB592, Marsden: Criminal history record information; required for transfer of firearms.
DIED House: Incorporated by Militia, Police and Public Safety (HB745-Caputo) by voice vote

**HB597, McClellan: SUB. Marriage, subsequent; effect thereof to child over 14 years of age.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: CofJ

**HB608, Eisenberg: Incorporated into HB281, which died.
would have prevented someone with a
protective order from having a gun in their own home
DIED House: Left in Militia, Police and Public Safety

**HB622, Brink: Adds public parks adjacent to schools, and a 500-foot region adjoining them, to the places where sex offenders may not reside.
PASSED HOUSE 98-0
SENATE: CofJ

**HB653, Wright: Incorporated into HB982
Concealed handgun permit applications; access to personal information.
DIED House: Left in Militia, Police and Public Safety

**HB657, Griffith: Guns and court orders.
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB696, : Substance Abuse Treatment Fund; created.
DIED House: Left in Appropriations

**HB697, BaCote: Yet another attempt to allow localities to ban guns from public libraries
Libraries; localities may adopt an ordinance prohibiting firearms, etc. on premises.
DIED House: Left in Militia, Police and Public Safety

**HB705, BaCote: Broadens the prohibition against registered offenders visiting a school to all hours, not merely during school hours. Incorporated into HB223.
DIED House: Incorporated by Courts of Justice (HB223-Cosgrove) by voice vote

**HB708, Janis: AMD. Admission of TDOs as evidence.
AMENDED
PASSED HOUSE 98-0
SENATE: CofJ

**HB709, Janis: AMD. Mental health questions on application to buy a firearm; Firearms; person legally incompetent, etc. prohibited from purchasing.
AMENDED
PASSED HOUSE 99-0
SENATE: CofJ

**HB710, Janis: AMD. 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.
AMENDED
PASSED HOUSE 80-19
SENATE: CofJ sub. Criminal
[NOTE that this bill has been the subject of repeated lies.]

**HB719, Janis: Underage drinking and driving; punishment.
Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor.
PASSED HOUSE 96-3
SENATE: CofJ

**HB734, Caputo: would have banned firearms from public libraries, except for police and licensed security guards who are on-duty.
Public libraries; possession of firearms on premises prohibited.
DIED House: Left in Militia, Police and Public Safety

**HB737, Caputo: emergency custody orders and temporary detention orders. Inc into HB1144
DIED House: Incorporated by Courts of Justice (HB1144-Fralin) by voice vote

**HB741, Caputo: Inc into HB815. Involuntary mental health treatment; prohibition from purchasing, etc. firearms.
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB745, Caputo: Criminal history record information; adds definition of firearms show vendor.
DIED House: Passed by indefinitely in Militia, Police and Public Safety (15-Y 7-N)

**HB746, Caputo: would prohibit firearms in daycare centers, except for police and licensed security guards who are on-duty.
DIED House: Left in Militia, Police and Public Safety

**HB810, Ward: Machine gun registration; Superintendent of State Police to be notified of change of address within 24 hours.
DIED House: Left in Militia, Police and Public Safety

**HB814, Ward: Protective orders to include information on whether or not respondent possesses firearm.
DIED House: Left in Militia, Police and Public Safety

**HB815, Albo: SUBSTITUTE Another substitute. Incorporates HB741, and HB835, and HB1517. Would prohibit anyone who's ever been involuntarily committed, or ordered to outpatient treatment, or "voluntarily" agreed to admission as a result of a TDO hearing from owning a firearm.
TWO SUBSTITUTES
PASSED HOUSE 98-0
SENATE CofJ

**HB821, Morgan: Smoke Free Air Act; smoking in public places
DIED House: Left in General Laws

**HB823, Morgan: Schedule II drugs; oripavine and lisdexamfetamine. Adds oripavine and lisdexamfetamine to the list of Schedule II drugs.
PASSED HOUSE 98-0
REPORTED SENATE E&H 15-0

**HB835, Moran: Mental incompetence and firearms
inc into HB815
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB842, : Concealed weapons; exempts retired Capitol Police officers from permit requirements.
PASSED HOUSE 99-0
REPORTED SENATE CofJ 15-0

**HB843, Sherwood: Incorporated into HB982
Concealed handgun permit applications; access to personal information.
DIED House: Incorporated by Militia, Police and Public Safety (HB982-Nutter) by voice vote

**HB872, Johnson: Hunting; persons required to wear MORE blaze orange clothing during deer season.
DIED House: Tabled in Agriculture, Chesapeake and Natural Resources by voice vote

**HB873, Johnson: AMD. Deals with the "proof of competency" required for issuance of a CHP. These are required, and there are several ways specified in the law to demonstrate this, including having been honorably discharged from the armed services.
AMENDED
PASSED HOUSE 95-2
AMENDED and REPORTED SENATE CofJ 12-0

**HB876, Loupassi: DUI Court; establishing in City of Colonial Heights and Chesterfield County.
DIED House: Left in Courts of Justice

**HB893, Lohr: Juvenile detention facility employee; assault and battery against, penalty.
DIED House: Left in Courts of Justice

**HB894, Lohr: Would require that abortion clinics meet the regulations for ambulatory surgery clinics, other than a "certificate of need". It allows some exceptions, but is generally understood to greatly increase the expense of providing a safe place for termination of pregnancy.
PASSED HOUSE 60-37
SENATE: E&H

**HB899, Scott: Semiautomatic handguns; sale thereof, microstamping.
DIED House: Left in Militia, Police and Public Safety

**HB931, Gilbert: Methamphetamine; manufacturing, selling, giving, and distributing thereof, penalty. Boosts penalties, adds mandatory minimums. Estimated cost is $260,000.
SEE SB562
PASSED HOUSE 98-0
SENATE: CofJ

**HB932, Gilbert: SUB. 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.
DIED House: Left in Appropriations

**HB938, Gilbert: AMD. Gives the person asking that someone be committed the right to appeal a decision not to issue an order.
AMENDED.
PASSED HOUSE 98-0
SENATE: CofJ

**HB939, Gilbert: AMD. Release from involuntary committment. This allows someone who's committed involuntarily to petition for a hearing for either release or transfer to outpatient status after 30 days.
AMENDED.
PASSED HOUSE 98-0
SENATE: CofJ

**HB973, Shannon: Children; what constitutes taking indecent liberties, penalty.
DIED House: Left in Courts of Justice

**HB982, Nutter: SUB. Restricts access to names and addresses of holders of Concealed HAndgun Permits. This bill incorporates HB370, HB653, and HB843.
SUBSTITUTE
PASSED HOUSE 97-0
SENATE: CofJ

**HB992, Bell: redefines prostitution to include "manipulation of the genitals of another by hand resulting in ejaculation". As written, the bill appears to outlaw an act that can only be performed upon males, and therefore may have Constitutional problems.
DIED House: Left in Courts of Justice

**HB995, Bell: Unlawful filming of another; penalty increased to Class 6 felony.
PASSED HOUSE 98-0
SENATE: CofJ

**HB1007, Jones CJ: Fusion Intelligence Center; confidentiality, immunity. Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department and employees of other agencies assigned to the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.
PASSED HOUSE 98-1
SENATE: CofJ

**HB1026, : Public benefits; restrictions on granting. Prohibits localities from granting public benefits to persons who are not citizens, legal permanent residents, or conditional resident aliens of the United States.
DIED House: Left in Rules

**HB1043, Watts: SUB. Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed. Incorporates HB1488, Sherwood
SUBSTITUTE
PASSED HOUSE 98-0
SENATE: CofJ

**HB1044, Watts: Crimes Against Minors & Sex Offender Registry;
PASSED HOUSE 99-0
SENATE: CofJ sub. Criminal

**HB1054, Scott: Guns and court orders.
Involuntary mental health treatment; prohibition from purchasing, etc. firearms. Incorporated into HB815.
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB1055, Jim Scott: would prohibit firearms possession,
purchase or transport for someone who has had their parental rights terminated
DIED House: Left in Militia, Police and Public Safety

**HB1059, : Emergency custody orders, temporary detention orders, and involuntary commitment; criteria. Inc. into HB559.
DIED House: Incorporated by Courts of Justice (HB559-Bell) by voice vote

**HB1063, : Indoor Clean Air Act; smoking in restaurants in Northern Virginia
DIED House: Left in General Laws

**HB1067, : School employees; requires notification to Superintendent, etc. of certain convicted individuals.
DIED House: Incorporated by Courts of Justice (HB1439-Frederick) by voice vote

**HB1087, : Social security numbers; public access, exceptions.
DIED House: Left in General Laws

**HB1088, Sickles: protects social security numbers in hunting and fishing licenses
DIED House: Left in General Laws

**HB1100, Sickles: SUB. Human immunodeficiency virus; informed consent for testing. Incorporates HB 243.
SUBSTITUTE
PASSED HOUSE 98-0
SENATE: E&H

**HB1126, Jones: AMD. Abortion or miscarriage; intent to destroy unborn child, penalty.
AMENDED.
PASSED HOUSE 68-30
SENATE: E&H

**HB1135, Fralin: SUB. Public schools; student's voluntary expression of a religious viewpoint.
This is intended to make sure that students are not penalized for voluntarily expressing religious viewpoints in schools. The Committee on Education created a substitute version which makes sure that such speech is still protected, but is not treated as so special that it can override the standards used for other sorts of speech.
SUBSTITUTE
PASSED HOUSE 88-10
RECONSIDERED
PASSED HOUSE 85-13
SENATE: E&H

**HB1138, Fralin: The bill replaces the present law, allowing a person who is petitioning to have someone committed to have an attorney, by a requirement that the Commonwealth's Attorney provide an attorney. (Existing law already makes sure that the subject of the hearing will have an attorney.)
DIED House: Left in Courts of Justice

**HB1139, Fralin: emergency custody orders and temporary detention orders. Inc into HB1144
DIED House: Incorporated by Courts of Justice (HB1144-Fralin) by voice vote

**HB1144, : emergency custody orders and temporary detention orders. Allows the magistrate, when considering whether to issue a temporary detention order, and requires the special justice, when considering a petition for involuntary commitment, to consider: (i) the recommendations of any treating or examining physician licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any medical records available and (v) any affidavits submitted, if the witness is unavailable and it so states in the affidavit. A magistrate may also consider hearsay evidence and any other information available that he deems relevant to the determination of whether to issue a temporary detention order. A special justice is required to also consider the examiner's certification and the preadmission screening report.
PASSED HOUSE 98-0
SENATE: CofJ

**HB1147, Phillips: SUB. Imposes strict requirements on out-of-state pharmacies which sell drugs to people in Virginia -- with penalties up to thousands of dollars and decades in jail. There's allegedly a big problem with people buying prescription drugs, for abuse.
SUBSTITUTE
PASSED HOUSE 99-0
SENATE: CofJ
REPORTED freom CofJ 15-0

**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.
DIED House: Left in Courts of Justice

**HB1168, Eisenberg: Temporary detention order; prohibits purchasing firearms if agrees to mental health treatment. Inc. HB815
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB1171, Cosgrove: SUB. Alcoholic mixed beverages; grounds for suspension or revocation of license if lewd conduct allowed.
SUBSTITUTE
The General LAws Committee created a substitute version that is quite different from the original.
The original bill ties offenses to ABC Board regulations, and also exempts "theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are not obscene and are expressing matters of serious literary, artistic, scientific, or political value."
The substitute version has a similar exemption, but also adds a number of specified acts as grounds for license revocation, apparently on the theory that the human body is sinful.
SUBSTITUTE PASSED HOUSE 98-0
SENATE: R&SS

**HB1209. Melvin: Criminal case; deferred disposition.
DIED House: Continued to 2009 in Courts of Justice by voice vote

**HB1220, Bowling: Concealed handguns; allows law-enforcement officers on long-term leave to carry without permit.
Patron explains that some police officers may be on long-term leave recuperating from injuries, and that they may and do run into people whom they've arrested.
PASSED HOUSE 99-0
SENATE: CofJ
REPORTED CofJ 15-0

**HB1221, Bowling: Commercial drivers; DUI testing after accident.
Commercial drivers; DUI testing after accident. Provides that
commercial drivers who are involved in an accident required to be
reported are to be treated as though there is a reasonable suspicion that they were driving under the influence of drugs or alcohol and that the procedures for DUI testing and arrest will apply.
DIED House: Tabled in Transportation by voice vote

**HB1224, Bowling: Driver's, commercial; random drug and alcohol tests required.
DIED House: Tabled in Transportation by voice vote

**HB1253, Marsden: Smoking; prohibited in restaurants.
DIED House: Left in General Laws

**HB1277, Spruill: Firearms; possession prohibited on Capitol Square.
DIED House: Stricken at request of Patron in Militia, Police and Public Safety (21-Y 1-N)

**HB1285, Athey: Protective orders; transport of firearms by certain law-enforcement officers.
DIED House: Left in Militia, Police and Public Safety

**HB1292, Athey: allows loaded firearms in locked containers in vehicles and boats (Senate version is still alive)
DIED House: Left in Militia, Police and Public Safety

**HB1315, Byron: Informed consent for abortion; ultrasound required before performing to determine gestation age.
PASSED HOUSE 62-37
SENATE: E&H

**HB1324, Toscano: sharing mental health records.
Would allow sharing with law enforcement as well as with treatment providers. Incorporated into HB 576.
DIED House: Incorporated by Courts of Justice (HB576-Watts) by voice vote

**HB1336, Barlow: Criminal case; deferred disposition.
DIED House: Continued to 2009 in Courts of Justice by voice vote

**HB1338, Barlow: Firearm, etc.; increases from misdemeanor to felony for brandishing.
DIED House: Continued to 2009 in Courts of Justice by voice vote

**HB1341, Barlow: Indoor Clean Air Act; smoking in restaurants
DIED House: Left in General Laws

**HB1354, Ware, O: Substance abuse services; applications for funding.
PASSED HOUSE 97-0
SENATE: E&H
REPORTED from E&H 15-0

**HB1366, Cline: Probation; waiver of Fourth Amendment rights as condition of probation. Allows courts to routinely force defendents to "voluntarily" waive their 4th Amendment rights, had come out of House Courts 15-6. After some discussion of how it would also forfeit the rights of anyone living in the same house as the defendent, it FAILED the final reading in the House by the closest possible vote: 50-49. Bill is dead (unless someone can be convinced to change their vote before today's session ends.)
DIED House 50-49

**HB1371, Gilbert: college carry
Concealed handgun permittees; cannot be prohibited from carrying firearms on public property.
DIED House: Left in Militia, Police and Public Safety

**HB1395, Bell: SUBSTITUTE. Sexual assault; Dept. of State Police, etc. establish policies for responding to crimes involving.
SUBSTITUTE
PASSED HOUSE 98-0
SENATE: CofJ

**HB1400, Pogge. SUB. Disclosure of minor's drug test results.
Disclosure of minor's drug test results. Provides that a minor shall not be deemed an adult for the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment or rehabilitation for substance abuse and that a parent, legal guardian or person standing in loco parentis may obtain the results of a minor's drug test.
SUB. PASSED HOUSE 99-0
SENATE E&H Sub. Health Care

**HB1414, Scott: AMD. Concealed handgun permits to be revoked by issuing court and State Police to be notified.
AMENDED
PASSED HOUSE 98-0
SENATE: CofJ

**HB1416, WARE O: Alcoholic beverage control; ABC Board to deduct percentage from its net profits. for substance abuse fund
DIED House: Left in General Laws

**HB1432, Howell AT: Indoor Clean Air Act; smoking in restaurants in certain cities
DIED House: Left in General Laws

**HB1439, Frederick: SUB. School employees; requires notification to Superintendent, etc. of certain convicted individuals.
SUBSTITUTE
PASSED HOUSE 98-0
SENATE: CofJ

**HB1442, Iaquinto: SUBSTITUTES. Ignition interlock; required implementation after first DUI conviction.
TWO SUBSTITUTES
PASSED HOUSE 80-18
SENATE: CofJ sub. Criminal

**HB1475, Eisenberg: Central Criminal Records Exchange; clarifies orders for mental health treatment forwarded by court.
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB1481, Ware, O.: Contractors on school property; may request waiver from disqualification of providing services.
DIED HOUSE third reading 30-65

**HB1488, Sherwood: Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed. Inc HB1043.
DIED House: Incorporated by Courts of Justice (HB1043-Watts) by voice vote

**HB1506, Nixon: Reckless driving; violation of right-of-way.
DIED House: Left in Courts of Justice

**HB1517, Marsden: Criminal Records Exchange; prohibits person with mental health treatment from purchasing firearms. Inc into HB815.
DIED House: Incorporated by Courts of Justice (HB815-Albo) by voice vote

**HB1544, Gilbert: restaurant ban repeal (Senate equivalent is still alive)
DIED House: Left in Militia, Police and Public Safety

**HB1556, Cline: Unborn child pain information. Requires doctors to offer to anesthetize a fetus prior to abortion and to include in informational materials a statement that a fetus at 20 gestational weeks has the physical structures necessary to feel pain and react to physical stimuli in a manner that, in an infant or adult, would be interpreted as a response to pain.
PASSED HOUSE 68-31
SENATE: E&H

**HB1569, Morrisey: Deferred disposition; court dismiss any criminal case set forth re deferral & dismissal for crimes.
DIED House: Left in Courts of Justice

**HJ 154, Caputo: Firearms, joint subcommittee to study laws and policies relating to purchase, etc. in state.
DIED House: Left in Rules

**HJ 182, Hall: Constitutional amendment; restoration of civil rights for certain felons (first reference).
DIED House: Continued to 2009 in Privileges and Elections by voice vote

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SENATE BILLS

**SB3, : Indecent exposure; penalty.
DIED Senate: Passed by indefinitely in Courts of Justice (14-Y 1-N)

**SB32, Locke: would have given localities the power to ban firearms from public libraries. She said that these are special places, and that guns scare children, and we all have a right to feel safe.
DIED Senate: Failed to report (defeated) in Local Government (5-Y 10-N)

**SB33, Locke: would have given localities the power to ban firearms from "outdoor theaters, cabarets, carnivals and fairs" with 500 or more people at them.
DIED Senate: Failed to report (defeated) in Local Government (5-Y 10-N)

**SB35, Deeds: SUB. Elections; recount procedures.
Requires hard copy optical scan ballots to be rerun through appropriately programmed tabulators in recount proceedings. Present law provides that the tabulator printout will be sufficient unless it is unclear or the court orders the ballots to be rerun. The bill also requires logic and accuracy tests to be run on tabulators prior to their being used in a recount and provides that the figures reported by direct electronic voting devices will be accepted as correct even though greater than the number of persons voting only so long as the discrepancy is not sufficient to affect the outcome of the election.
SUBSTITUTE
PASSED SENATE 38-2
HOUSE: P&E sub. Elections

**SB60, Howell: Involuntary commitment; criteria.
DIED Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)

**SB88, Lucas: Marijuana; expungement of charges.
Expungement of marijuana charges. Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in
accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1
DIED Senate: Failed to report (defeated) in Courts of Justice (5-Y 6-N)

**SB109, Marsh, Criminal history record information; required for transfer of firearms.
DIED Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
BUT REFERRED Senate: Rereferred by letter to the Crime Commission

**SB111, McDougle: Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.
DIED Senate: Incorporated by Courts of Justice (SB369-Watkins) (13-Y 0-N)

**SB114, McDougle: SUB. Sex offenders; application of prohibitions & school proximity prohibition to out-of-state violators.
SUBSTITUTE
PASSED SENATE 40-0
HOUSE: CofJ sub. Civil

**SB129, : Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.
DIED Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)

**SB144, : Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.
DIED Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)

**SB153, Stuart: VDOT maintenance; community service program
. Requires the Commissioner of the Virginia Department of Transportation to establish a program whereby nonviolent misdemeanants who have a suspended sentence or who are on probation will mow rights-of-way or perform other landscaping tasks that VDOT is responsible for. The bill also provides civil immunity for the officials who participate.
PASSED SENATE 38-0
HOUSE: CofJ Civil

**SB160, McEachin: Handbills, etc.; distribution in highway rights-of-way in certain localities.
PASSED SENATE 40-0
HOUSE: Transportation

**SB164, Lucas: SUB. Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed. Use of polygraph on sex offense victims.
SUBSTITUTE
PASSED SENATE 40-0
HOUSE: CofJ sub. Civil

**SB173, : Domestic violence cases; retention of records.
PASSED SENATE 38-0
HOUSE: CofJ sub. Civil

**SB175, Blevins: Sex offenders; proximity to children; penalties.
DIED Senate: Left in Courts of Justice

**SB202, Quayle: Indoor Clean Air Act; smoking in restaurants
Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.
PASSED SENATE 29-9
HOUSE: GL sub. ABC/Gaming

**SB216, Edwards: SUB. Involuntary mental health treatment; prohibition from possessing or transporting firearms.
SUBSTITUTE
PASSED SENATE 40-0
HOUSE: CofJ sub. Criminal

**SB222, McDougle: Possession of firearms by persons who committed felonies while juveniles
PASSED SENATE 38-0
HOUSE: CofJ sub. Criminal

**SB226, McDougle: AMD. Firearms; answering mental health questions on consent form required when purchasing.
AMENDED
PASSED SENATE 40-0
HOUSE: CofJ sub. Criminal

**SB231, McDougle: Involuntary mental health treatment; prohibition from purchasing, etc. firearms.
DIED Senate: Incorporated by Courts of Justice (SB216-Edwards) (14-Y 0-N)

**SB241, Lucas: SUB. School employees; report of conviction for certain criminal acts.
SUBSTITUTE
PASSED SENATE 40-0
HOUSE: CofJ sub. Criminal

**SB255, Deeds: Involuntary mental health treatment; possession of firearms.
DIED Senate: Left in Courts of Justice

**SB263, Deeds: AMD. Hunting dogs; carrying weapons on another person's property to retrieve prohibited.
If you're hunting with dogs, you're allowed to go onto someone else's property to retrieve the dogs, but you aren't allowed to carry your weapons when you do so. This bill puts some teeth in that prohibition, which some idiots have been ignoring.
AMENDED.
PASSED SENATE 38-1
HOUSE: Agriculture, Chesapeake and Natural Resources

**SB270, Deeds: Elements of indecent exposure.
Folded into SB3, which was PBIed.
DIED Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)

**SB296, Puller: SUB. TANF; eligibility for food stamps when convicted of drug-related felonies.
Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and comply with criminal court orders and treatment programs, as permitted by federal law.
SUBSTITUTE
PASSED SENATE 23-17
HOUSE: HWI

**SB298, Whipple: AMD. Smoking in public.SB298 Smoke Free Air Act; smoking in public places.
AMENDED
PASSED SENATE 23-Y 15-N 1-A
HOUSE: General LAws sub. ABC

**SB300, Whipple: would have given localities permission to ban firearms from government buildings.
DIED Senate: Failed to report (defeated) in Local Government (5-Y 10-N)

**SB309, Reynolds: AMD. Authorizes the issuance of a restricted permit to operate a motor vehicle during a period of suspension for unpaid fines and costs.
AMENDED
PASSED SENATE 39-0
HOUSE: Transportation

**SB310, Reynolds: Authorizes a court to provide a restricted permit to operate a motor vehicle during the period of suspension of a permit to operate a motor vehicle.
PASSED SENATE 39-0
HOUSE: CofJ sub. Criminal

**SB332, Cuccinelli: Access to CHP database; allows information to be redacted.
DIED Senate: Left in Courts of Justice

**SB341, Cuccinelli: Temporary detention order; time for hearing.
Provides that a hearing on an involuntary temporary detention order shall be held no sooner than 24 hours and no later than 72 hours from the time of the issuance of the order. Currently, such hearings are to be conducted within 48 hours from the time of the issuance of the order. Inc. to SB246.
DIED Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)

**SB345, Blevins: Conditional release; voluntary admission to a state hospital. Clarifies that voluntary admission to a state hospital shall not solely constitute grounds for revocation of a person's conditional release.
PASSES SENATE 39-0
HOUSE: CofJ sub. Criminal

**SB347, Blevins: SUB. Smoking; prohibited in restaurants in Planning District 23
SUBSTITUTE
PASSED SENATE 39-0
HOUSE: General LAws sub. ABC

**SB369, Watkins: SUB. Indigent defendants; right to ex parte hearing for appointment of experts in capital cases.
SUBSTITUTE
PASSED SENATE 34-4
HOUSE: CofJ sub. Criminal

**SB372, Stuart: Placement of juveniles on the sex offender registry.
DIED Senate: Continued to 2009 in Courts of Justice (15-Y 0-N)

**SB379, Martin: Concealed weapons; box cutters; penalty.
DIED Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)

**SB382, : selling guns to illegal aliens, had a substitute version reported to the full Senate.
PASSED SENATE 39-0
HOUSE: MP&PS

**SB391, Marin: DUI Court, Chesterfield and Colonial Heights
DIED Senate: Failed to report (defeated) in Courts of Justice (6-Y 7-N 2-A)

**SB397, Edwards: Methamphetamine precursors; electronic log.
DIED Senate: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)

**SB404, Puckett: SUB. Substance abuse screening; person become ineligible for public assistance if using illegal drugs.
SUBSTITUTE is better than original bill.
PASSED SENATE 40-0
HOUSE: HW&I

**SB405, Puckett: Controlled substances; nonresident pharmacies; penalties.
Regulates out-of-state parmacies selling drugs within Virginia.
TWO SUBSTITUTES
PASSED SENATE 40-0
HOUSE: HW&I

**SB406, Puckett: Prescription drug benefits; penalty for conviction of certain drug-related crimes.
DIED Senate: Stricken at request of patron in Education and Health by voice vote

**SB409, Puckett: Disqualification for appointment as special conservator of the peace. Eases resrictions.
DIED Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)

**SB429, Lucas: Opiate addiction treatment providers; daily service fee
Opiate addiction treatment providers; daily service fee. Requires
that any licensed provider of treatment for persons with opiate
addiction shall pay a daily service fee of not greater than 1.5
percent of each consumer's daily dosing fee. The provider shall be
responsible for calculating and collecting the fee, and on a quarterly basis, forwarding the collected fees to the Department.
PASSED SENATE 39-0
HOUSE: HW&I

**SB436, Vogel: Concealed weapons in vehicles
Would allow legal handguns to be carried in a locked container/compartment in private vehicles by legal owners with no need for Concealed Handgun Permits.
PASSED SENATE 31-9
HOUSE: MP&PS

**SB476, Hangar: AMD. Concealed weapons, restaurants and alcoholic beverages
Present law says that, even with a permit, citizens may not carry a concealed weapon in any restaurant or club that serves alcoholic beverages. The weapon must be open and visible. This bill would remove that prohibition, and replace it with one that prohibits the carrier from consuming alcoholice beverages on the premises.
AMENDED to require CHP holder to identify himself to restaranteur.
PASSED SENATE 24-15
HOUSE: MP&PS

**SB501, Locke: SUBSTITUTE. Virginia Indoor Clean Air Act; penalty. Moves the regulation of smoking in restaurants from Title 15.2 to a new chapter in Title 32.1. This bill prohibits smoking in all indoor restaurants and bar and lounge areas in the Commonwealth. Requires the posting of “No Smoking” signs and provides for a $25 civil penalty for a violation of these provisions.
SUBSTITUTE.
PASSED SENATE 28Y 10N 1A
HOUSE: General Laws sub. ABC

**SB507, McDougle: Punishment for underage drinking and driving; penalty.
DIED Senate: Failed to report (defeated) in Courts of Justice (7-Y 8-N)

**SB529, Houck: SUBSTITUTE. Access to CHP database. Incorporates SB759, Ruff, and SB730, Smith
SUBSTITUTE.
Recommitted to Committee.
DIED Senate: Continued to 2009 in Courts of Justice

**SB553, Hurt: Appointment of counsel; indigent defendants.
PASSED SENATE 40-0
HOUSE: CofJ sub. Judicial

**SB556, Obenshain: SUBSTITUTE. Motorcyclist protection
Reckless driving; violation of right-of-way resulting in death of another. Provides that a person is guilty of reckless driving if he violates the right-of-way of any motor vehicle causing the death of another.
SUBSTITUTE
PASSED SENATE 28-10
HOUSE: CofJ sub. Mental Health

**SB560, : Redefinition of the triggerman rule. Would allow capital charges against other guilty parties.
PASSED SENATE 24-14
HOUSE: CofJ sub. Mental Health

**SB562, Obenshain: AMD. Manufacturing, selling, giving, distributing of methamphetamine; penalty. Mandatory minimums. SEE HB931
AMENDED.
PASSED SENATE 39-0
HOUSE: CofJ sub. Mental Health

*SB590, Howell: SUBSTITUTES.Sex Offender and Crimes Against Minors Registry; makes various amendments thereto.
TWO SUBSTITUTES
PASSED SENATE 40-0
HOUSE: CofJ sub. Mental Health

**SB608, Stolle: SUBSTITUTE Crimes; effect of subsequent marriage to child over 14 years of age.
SUBSTITUTE
PASSED SENATE 40-0
HOUSE: CofJ

**SB618, Stolle: Petit larceny; person who is convicted for second time must undergo substance abuse screening.
PASSED SENATE 40-0
HOUSE: CofJ

**SB642, Ticer: TANF; eligibility for food stamps when convicted of drug-related felonies. Inc. to SB296.
DIED Senate: Incorporated by Rehabilitation and Social Services (SB296-Puller) (14-Y 0-N)

**SB678, Puckett: Drug treatment court in Tazewell County
Authorizes a special court, like many others that seem to be working well.
PASSED SENATE 39-0
HOUSE: CofJ

**SB730, Smith: Access to CHP database; allows data distribution to non-profit groups for educational purposes.
This was rolled into SB529, Houck.
DIED Senate: Incorporated by Courts of Justice (SB529-Houck) (14-Y 0-N)

**SB731, Smith: Central Criminal Records Exchange; clarifies orders for mental health treatment forwarded by court.
DIED Senate: Incorporated by Courts of Justice (SB216-Edwards) (14-Y 0-N)

**SB759, Ruff: Access to CHP database
Rolled into SB529, Houck, which is virtually identical.
DIED Senate: Incorporated by Courts of Justice (SB529-Houck) (13-Y 0-N)

**SB762, Smith: Abortion; forced or coerced prohibited, penalty.
DIED Senate: Passed by indefinitely in Education and Health (10-Y 5-N)

**SB764, Ticer: SUBSTITUTE, Domestic Violence victims
This bill fine-tunes and expands the provision in law allowing victims of domestic violence to use the Attorney General's office as their contact address. This is still a pilot program, in only a few localities.
SUBSTITUTE actually makes the bill better.
PASSED SENATE 40-0
HOUSE: MP&PS

**SB775, Hurt: AMD. Drug Treatment Court Act. Authorizes a drug treatment court for the County of Franklin.
AMENDED
PASSED SENATE 39-1
HOUSE: CofJ

**SB776, Hurt: Concealed weapons and Commonwealth's Attorneys
Would allow CAs to carry concealed weapons with no need for a permit.
PASSED SENATE 40-0
HOUSE: MP&PS

**SB786, Deeds: SUBSTITUTE. Sexual assault; Dept. of State Police, etc. establish policies for responding to crimes involving.
SUBSTITUTE
PASSED SENATE 400
HOUSE: CofJ

**SJ7, Miller YB: Constitutional amendment; restoration of civil rights for certain felons (first reference).
DIED Senate: Continued to 2009 in Privileges and Elections (15-Y 0-N)

**SJ77, Hanger: AMD. Substance abuse; joint subcommittee to study strategies and models for prevention and treatment.
This could lead to some needed change.
AMENDED
PASSED SENATE Voice Vote
HOUSE: Rules

**SJ90, Norment: Restorative justice; Crime Commission to study.
PASSED SENATE voice vote
HOUSE: Rules

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Next meetings of significance are Friday:

7:00 a.m. House Privileges and Elections - Subcommittee #2, Elections; 4th Floor West Conference Room, General Assembly Building
SB35, recount procedures

9:00 a.m. House Privileges and Elections; 9th Floor Appropriations Room, General Assembly Building
Probably SB35

10:00 House convenes

11:00 Senate convenes

1/2 hr after House adjourns House Courts of Justice; House Room C, General Assembly Building
All sorts of stuff

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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!

Posted by Roy B. Scherer at 11:25 PM | Permalink | TrackBacks (0)

The following notes were submitted by a Richmondliberty reader on the benefits of a national health care program:

1. Lowering likelihood of age discrimination in employment.

2. Relieving small and entrepreneurial businesses thus giving them a higher likelihood to survive and be founded.

3. Allowing talented people to work in small business that might have stayed in larger corporate environments for benefits - making small businesses more competitive for talent.

4. Giving people who are trapped in unpleasant jobs for the benefits the ability to move to alternative workplaces more easily.

5. Possible impact on decision to abort or not in pregnancies where coverage for medical reasons is a main factor.

6. It has been claimed by hospitals that their costs are high because they have to write off so much charity and a national health care system would lower their costs.

7. Lowered bookkeeping costs to medical providers as they have no outstanding debts except co-pay.

8. Lowered pressure on courts when it comes to lawsuits for return of medical expenditures.

9. Lowered insurance costs as providers are not responsible for paying medical bills. What percentage of car insurance and homeowners insurance and medical malpractice insurance are apportioned towards payment of medical expenses.

Of course, I believe that every child needs to feel “claimed” by the nation, important and wanted even if not wanted deeply in its own family. I believe that the impact of excluding children from health care has a deep subtle impact on the poor.

Also, I have had experiences in the Juvenile and Domestic Relations Court and I have to say that many of the cases included the witnessing or visiting of doctors. Sometimes money was an obstacle, parents would claim no money in some cases. Our courts will better be able to adjucate in sensitive cases.

There are challenges too:

1. That we have a system that has included providers that are selected by certain political criteria or their adherence to standardized protocols. There is much debate growing about how we practice medicine, including psychiatry and the power to force people into psychiatric care has the potential to be abused.

2. A growing cultural meanness towards people who smoke or are obese.

3. A blurring of privacy boundaries between our medical and civil records. Today I read about a police team that was stopping traffic to swab citizens for DNA in looking for a perpetrator and there are potentials for privacy abuse.

4. Increased power for the Pharmaceuticals. So many people today do not use pharmaceuticals because they can’t afford them. Should we have pharmaceuticals available for all, I am sure we will have a precipitous rise in profits for them.

I am very much in favor of national health care and my perfect system would be a multiple payer, single central processing system much like a credit card works that would have a low cost of transactions and ease the burden on the patient. A credit card has lots of vendors and customers but it is the place where all the processing takes place and it sets the guidelines.

However I don't think that we should go forward with a national health care system until we change the power of pharmaceuticals to use their paradigm for shaping research and until we know that our FDA and NIH are dedicated to the health of the citizen. There have been numerous stories that would let one question their intent. With current medical standards we will have an explosive and uncontrollable growth of expenses.

(Editor's note: The idea behind a national health care system is that all medical services, practitioners and facilities are paid for by the government. No money changes hands between the practice and the consumer, thereby eliminating the economic competition and legal positioning that puts these two at odds. Libertarians oppose government control of any one institution, though not necessarily a single-payer system so long as it doesn't come with higher taxes or manipulation such as mandatory health insurance (which might be impossible). More info can be found at www.pnhp.org.)

If you have responses to this thread send them to russo@richmondliberty.org and they will be posted. We welcome your input!

Posted by Robert Russo at 10:36 AM | Permalink | TrackBacks (0)

http://www.cnn.com/2008/US/02/07/berkeley.protests/index.html

You don't see anti-military causes in the news much anymore. It seems strange that it's academicians who are doing this considering what close bedfellows they usually are.

Posted by Robert Russo at 04:33 PM | Permalink | TrackBacks (0)

file GA08-02-08
General Assembly, Friday February 8th, 2008

***********************************************************
***********************************************************

We have just learned that Mitchell Van Yahres, former member of the Virginia House of Delegates from Charlottesville, has passed away about 6pm Friday February 8th.
He will be remembered, among other reasons, for having repeatedly sponsored legislation in favor of commercial hemp production in Virginia.
May his soul rest in peace.

***********************************************************
***********************************************************

We're rapidly approaching "Crossover", on Tuesday the 12th.
After that day, the House may only consider bills that originated in the Senate; conversely, the Senate may only consider House bills. Any bill that isn't finished in its own side by then is dead for the year.

After Crossover, I'll make time to send out a list of all bills I've been paying attention to that are still alive.

-----------------------------------------

At 8:30 a.m., the Senate Rehabilitation and Social Services Committee was scheduled to meet. In a shocking display of lack of respect for long-standing bipartisan tradition, they actually started on time.

SB404, Puckett, Substitute: Substance abuse screening; person become ineligible for public assistance if using illegal drugs.

Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to conduct a screening of all applicants or recipients of public assistance. This bill provides that, where a screening indicates reasonable cause to believe an applicant or recipient is using illegal drugs, the applicant or recipient may be required to submit to drug testing. Where a drug test indicates that the applicant or recipient is using illegal drugs, the person shall become ineligible for public assistance. The person may reapply for public assistance once 12 months have elapsed from the date of initial ineligibility.

The substitute version is not quite as harsh as the original. It applies only to the VIEW program (under TANF), rather than all public assistance. If the person fails the drug screen, they're required to undergo a formal substance abuse assessment. If they fail, they'll be referred to treatment. As long as they participate in the treatment, TANF will be paid to a third party for their benefit. If they flunk out or refuse, they lose benefits for a year, but others in the household would still receive benefits through the third party. If they are ruled ineligible, they get one chance anytime in that 12 months to requalify.

When I arrived, 11 minutes late, the substitute had already been reported, 14-0.

----------------------------------------

The House Militia, Police and Public Safety met shortly after 9am.

HB231, Cosgrove, Law-enforcement officer; uniform requirement for arrests for speeding.

Allows a law-enforcement officer to arrest a person for speeding without the requirement that he wear a uniform, only that he display a badge.

This is called up for reconsideration after being earlier rejected.

Argument for is that this is already allowed for other offenses; speeding is the only one where a uniform is required.

Argument against is that "badges" are widely available, and cannot be inspected from another vehicle while driving down the highway. There is no way to know whether or not a person not wearing a uniform, and not driving a marked police car, is a police officer or someone who's bought a phoney badge and perhaps some flashing lights.

I spoke briefly against the bill.

Bill is reported, 13-9.

HB709, Janis, Firearms; answering mental health questions on consent form required when purchasing.

Purchase of firearms; consent form; mental health questions. Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment.

Bill is amended to conform with some of the other legislation being passed this year, then amended again as members examine it and find a flaw.

Reported without opposition.

HB1007, Jones CJ, Fusion Intelligence Center; confidentiality, immunity.

Provides that papers, evidence, information, etc., and databases or other information in the possession of the State Police are confidential and not subject to the Virginia Freedom of Information Act or the Government Data Collections and Disseminations Practices Act. The bill also provides that employees of the Department are not subject to subpoena in any civil action concerning criminal intelligence information or terrorism investigation. The bill restricts the release or dissemination of information without prior authorization from the Virginia Fusion Intelligence Center and punishes any person who knowingly disseminates information with a Class 1 misdemeanor. If such unauthorized release or dissemination results in death or serious bodily injury, such person is guilty of a Class 4 felony.

This bill was referred just this evening from Appropriations; it was previously heard and reported from House Militia, Police, and Public Safety, though I didn't report on it at the time.

It's more than somewhat scary, granting immunity to anyone helping the new Fusion Intelligence Center -- which is a scary concept in and of itself. The Center is a datamining group, which is supposed to corellate a great many small bits of nformation in an attempt to counteract terrorism. The Feds require, before they'll share such information, that the information can't be retrieved by any sort of legal action.

Delegate Griffith brings up the overreaching scope of the immunity granted here, leading to a long discussion. Finally, with a promise that more information would be gotten over the weekend (which could be used to amend the bill on the floor of the House), the bill was reported.

HB1285, Athey, Protective orders; transport of firearms by certain law-enforcement officers.

Would have allowed, at the discretion of the sheriff or chief law-enforcement officer, a law-enforcement officer subject to a protective or restraining order to transport a firearm while on-duty.

This is something that a number of law-enforcement officers wanted. At present, if an officer is involved in a domestic dispute (and law-enforcement is a high-stress position, with attendent stress on the marriages of officers), the officer becomes unable to work normal patrol duties because he or she is barred from carrying a firearm.

The bill was killed in an earlier meeting of the subcommittee.

HB1414, Scott J.M., Concealed handgun permits; revocation upon notification of State Police.

Revocation of concealed handgun permits; notification of the State Police. Requires the court that issued a person a concealed handgun permit to revoke the permit upon notification by the State Police that the person has been convicted of an offense that would disqualify him from obtaining a permit or if the person is adjudicated legally incompetent, mentally incapacitated, or is involuntarily committed. The law currently requires such persons to forfeit and surrender their concealed handgun permits, but does not require the issuing court to revoke the permit.

Minor amendment to bill is approved.

Questions on process to be followed. State police unable to answer how court process would work.

After much discussion, bill is reported without opposition.

Committee rose around 11 am. This is their last meeting before Crossover, and there are several bills that have never been heard by the Committee or even any of the subcommittees; theoretically, they're dead. These will be detailed after Crossover.

-----------------------------------

12:00 p.m. House Convenes

HB1135, Fralin, Public schools; student's voluntary expression of a religious viewpoint.

This is intended to make sure that students are not penalized for voluntarily expressing religious viewpoints in schools. The Committee on Education created a substitute version which makes sure that such speech is still protected, but is not treated as so special that it can override the standards used for other sorts of speech. Sub left the Committee unanimously, and just received final approval in the House, 85-13.

HB1366, Cline, Allowing courts to routinely force defendents to "voluntarily" waive their 4th Amendment rights, had come out of House Courts 15-6. After some discussion of how it would also forfeit the rights of anyone living in the same house as the defendant, it FAILED the final reading in the House by the closest possible vote: 50-49. Bill is dead (unless someone can be convinced to change their vote before today's session ends.)

(Many other bills, of course, but these are the two that I happened to overhear and thought worthy of mention.)

As house is preparing to adjourn, around 2:45, we're told that there will be several unexpected committee meetings, and that there will be a pro forma meeting tomorrow (Saturday) for the purpose of receiving bills reported from committees, and advancing them to the next meeting.

Monday the House will meet early, at 10 am; we were warned that they will have over 200 bills to act upon.

-----------------------------------------

About 3:15, the House Courts of Justice met for what should be their last meeting before Crossover. They have 37 bills on their docket. Mercifully, they deal with 11 of them in a block; cruelly, two new ones are added.

HB597, McClellan, Substitute, Marriage, subsequent; effect thereof to child over 14 years of age.

Repeals the code section that provides a defense to consensual carnal knowledge of a 14-year-old female when there is a subsequent marriage of the victim and the perpetrator.

This repeal of the "shotgun-marriage" statute is here as a substitute, having been heard three times in subcommittee. My report says, as does my memory, that the bill was tabled there, but their records show that it was approved, 9-3.

Opponents point out, as I did earlier, that the offense (an adult and a minor 15 or over), applies when one partner is 18 years and one day, while the other is 17 years and 51 weeks old.

Motion to report passes, 19-3.

HB622, Brink, Sexual offender; prohibited from residing in public park in proximity to children.

Adds to the places where a sex offender is prohibited from living a public park that is adjacent to a primary, secondary, or high school.

Note that the bill refers not merely to living "in" the park, but within 500 feet of it.

Reported unanimously.

HB815, Albo, Substitute, "Voluntary" admission; report to Central Criminal Records Exchange.

Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment.

This FINALLY came up, about 6 pm. The new substitute version has all the amendments agreed to in subcommittee (requested by gun-rights groups and by the AG's office).

A representative of the Clerks of Court asked that the word "immediately" be changed to "forthwith", which led to a mildly interesting discussion of the legal meanings of those words. Compromise was "by the close of business".

Bill is reported, 20-0.

HB1043, Watts, Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed.

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.

Bill was reported!

HB1481, Ware, O., Contractors on school property; may request waiver from disqualification of providing services.

Provides that a contractor or his employee may request a waiver from disqualification of providing services because of a felony conviction under certain conditions. The felony conviction must have occurred at least five years prior to the date of the waiver request, and the felony must not have involved: (i) the sexual molestation or physical or sexual abuse or rape of a child; (ii) any crime against the person under Chapter 4 of Title 18.2; or (iii) health and safety under Articles 1 or 1.1 of Chapter 7 of Title 18.2.

Very tight, but reported 8-6.

Committee rose at 8:30.

---------------------------------------------

The House General Laws Committee met at about 4pm. It had one bill in which I was interested.

HB1171, Cosgrove, Substitute, Alcoholic mixed beverages; grounds for suspension or revocation of license if lewd conduct allowed.

Clarifies that lewd or disorderly conduct is such conduct as defined by existing ABC Board regulations. The bill also provides that the grounds for suspension or revocation of a mixed beverage license relating to lewd entertainment, strip tease acts, or full or partial nudity do not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are not obscene and are expressing matters of serious literary, artistic, scientific, or political value. Nor do the prohibitions on bad language, strip tease acts, or full or partial nudity apply to licensees operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances when the performances are not obscene and are expressing matters of serious literary, artistic, scientific, or political value.

The bill as introduced would protect many artists and venues which are at risk from overzealous prosecutors under current law.

The Committee reported a SUBSTITUTE version of the bill, 21-0, which is all I can say right now since I've had to be in Courts. The substitute should be available on the Web tomorrow afternoon.

------------------------------------------------------

Next significant meeting is tomorrow, Saturday:

House Convenes at 1:00 pm

On Monday the 11th, we will see:

House convenes at 10 am.

Senate convenes at 11 am.

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 09:01 PM | Permalink | TrackBacks (0)

by Robert Russo

Tuesday's exciting outcomes (or a lack of outcome) are making political soothsayers recheck their crystal balls. (I myself pretended to be a pundit last month by making a wrong prediction.) Reporters are giddy, calling this the most interesting election of our lifetime, but why? Mike Huckabee is a mainstream candidate both politically and verbally with full coverage, and yet he was discounted just last week with calls for him to drop out in futility. McCain too was discounted before New Hampshire. They look for the so-called signs and slate underdogs for defeat. To those who strive for simplicity, democracy is an unexpected fluke.

It's true that Super Tuesday "decided nothing" in the words of those who think there is an easy street to the White House.* Clearly Huckabee's strong base in the South didn't care for the predictions of his demise. It's like Survivor, McCain is neither the most outspoken nor politically ambitious of republicans but has a record of conceding his position and is the most-liked by his opponents (and Joe Leiberman). Apparently an election year without a single monopoly taking over is serendipitous. We call it normal.

Ron Paul favored as expected at best, so as we Virginians head to the polls next week the task of his supporters is now to make their choice known, watch the results and start considering some alternatives. Huckabee vows to abolish the IRS and protect the second amendment, while Obama has been called "the first black Kennedy".** We'll be exploring these possibilities as well as our own LP candidates as the year progresses and more libs discuss it.

Every state and citizen has their equal right to make this decision, but it is null unless candidates stay in the race in spite of polls and commentators. Ron Paul's loyalty to his base makes one wonder what Mitt Romney's supporters feel about his dropping out today, especially those who haven’t voted yet.*** I will agree that this election year is fascinating, but underdogs taking the lead and voices/positions that haven't been heard before getting the mike is not the "singular" political year of our time, it is a sign of greater things to come. We cast our ballots next Tuesday, for information on polling places and times go to http://www.sbe.virginia.gov/cms.

*http://www.donkephant.net/2008/02/06/super-tuesday-decides-nothing/
**http://www.doonesbury.com/strip/dailydose/index.html?uc_full_date=20080206
***http://www.cnn.com/2008/POLITICS/02/07/romney.campaign/index.html

Richmondliberty Poll: Who do you intend to vote for next week? Send your responses to russo@richmondliberty.org.

If you have topics of interest to libertarians please let us know. We welcome your input!

Posted by Robert Russo at 01:48 PM | Permalink | TrackBacks (0)

From Nancy McCord, President, Virginia Property Rights Coalition:

Dear Coalitionists:

This year has been relatively quiet on the eminent domain front so far. Below is an update of what has been happening this session. I have broken it down so it is hopefully easier for you to review....

Part I Of Serious Concern, HB 387/ To be watched because of its potential to weaken last years Kelo reforms
There is one eminent domain bill remaining that is important. It was recommended by Fairfax Station to Delegate David Bulova (D-Fairfax Station) and he says it was intended to address what the city said are unintended consequences of the Kelo protections passed last year. The City's position was that last years legislation was so restrictive that it could prevent them from purchasing property from a perfectly willing seller even when eminent domain is not being used.

The current language in this bill, would require immediate action but Delegate Bulova says he supported last years legislation and is working with prominent eminent domain experts in the legislature and across the state to modify the language so it addresses the concerns of the City but does not damage the new Kelo protections. To read the current language click this link: House Bill 387. Note the change is in section G. I will keep you updated on the bill's progress and let you know if you need to contact your legislator.

Part II In Process, but continued to 2009/Constitutional Amendment for Kelo Protections
Delegate Johnny Joannou (D-Portsmouth) introduced a Constitutional Amendment this session to assure that Virginia property owners have long term protection from the abuses allowed by the US Supreme Court's now infamous Kelo ruling. Last year the General Assembly passed legislation protecting our homes, businesses and other property but it will take an amendment to the Constitution to make the protections permanent. Before an amendment can be placed on the Virginia ballot, an intervening election must take place so the Delegate Joannou's proposed amendment was delayed in committee until next year. This way, if it passes the General Assembly in 2009, an election will take place in the fall, it can be voted upon again in the 2010 General Assembly, and then placed on the ballot the following election. To read the language of Delegate Joannou's amendment, click this link: HJR 123.

This amendment is vital because those who benefit from the abuses allowed by Kelo (developers and local governments primarily) will not stop in their efforts to strip away the new protections passed last year.

Part III Good News, A Castle Coalition Report: The strongest Kelo reforms have not damaged development
Please distribute widely and send to your Senator and Delegate because they are hearing just the opposite from local governments, developers, and their lobbyists.

Lets hope Delegate Bulova meant what he said about supporting last year's Kelo reforms and revises the language in his HB387.

If you have questions, ideas or comments, please send me an e-mail or call at 540-382-8866

Best regards,

Nancy

Posted by Leonard Harris at 10:26 PM | Permalink | TrackBacks (0)

file GA08-02-06
General Assembly, Wednesday February 6th, 2008

House and Senate met at noon, each adjourned around 2:15.

Senate Courts of Justice Committee and House Courts of Justice Criminal Subcommittee started nearly simultaneously. House side has one important bill and one interesting one, while Senate side has more, and has one vital one. Since there are several other activists here, we split up and arrange for each of us to alert the others when bills of interest come up.

-------------------------

On the House side, the main bill of interest is mental health/guns, HB815. Another interesting bill came up while waiting for that.

HB597, McClellan, Marriage, subsequent; effect thereof to child over 14 years of age.

This is the shotgun-marriage statute, which apparently hasn't been used since the forties. (See details in GA08-02-04). It was in trouble, but the patron was allowed extra time to try to fix some of the problems associated with it. She didn't do so, and after a long and detailed discussion among members of the Committee, it was laid on the table -- i.e., killed, but gently.

HB815, Albo, Voluntary admission; report to Central Criminal Records Exchange.

Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to "voluntary" commitment.

This is the bill I've been waiting for (See details in GA08-02-04). It's been worked over by dozens, if not scores of people from dozens of different angles, and we need to see that the way it finally leaves subcommittee is still good.

At 5:30, the subcommittee recesses until seven pm, without having heard the bill. After consulting with Philip Van Cleave of VCDL, I head home on the bus before the thunderstorms hit. He'll be advising me of action on the bill, and then I'll post this report.

A bit after nine pm, he says it's done. He reports:

"A highly modified mental health bill that VCDL can now support has just cleared the House Courts of Justice committee by a unanimous vote! SB815 is now a bill that improves current law.

"Many thanks to Delegates Albo, Griffith, Bell, and Fralin and the
Virginia Attorney General's Office and the Virginia State Police for their help in getting this bill fixed.

"Also, thanks to Gun Owners of America for their help in strengthening the wording."

----------------------------------------

On the Senate side, the very first bill considered is the most important: expungement.

SB88, Lukas, Marijuana; expungement of charges.

Provides for record expungement for cases of conditional discharge for marijuana possession at least ten years in the past.

This is an attempt to restore civil liberties, and employment rights, to people who are still suffering from decades-old arrests and convictions for simple possession. (See details in GA08-02-05.)

I had proposed changes to fix the two aspects of the bill that needed change, and yesterday the Criminal Subcommittee voted to pass the bill up to the full Committee without a recommendation.

Today, Senator Lucas explains the bill, and asks me to discuss it further. Same arguments as yesterday, and repeated my offer to design and fill a database as a public service.

Same objections from State Police and Commonwealth's Attorneys.

Extended discussion among members of Committee and their counsel (the estimable Stephen Benjamin). This is a problem, and there should be some way to help people in this situation. This isn't the best way; this is the only vehicle available. It's a matter of equity.

Motion to report the bill; second. Votes, and changes. Several members originally chose to not vote either way, then as the roll call progressed several changed their votes. (Not all Committee members were present, but generally had "given their proxies" to a colleague, asking that member to cast their vote for them; this is standard practice.)

Final vote as recorded: bill fails to be reported, 5-6. See "Details" at bottom of report for specifics

There is still one chance to bring about good from this bill, but no practical way to bring results this year. More later, if it works.

NOTE: I suggested in yesterday's report that readers of this report might contact the members of the Committee. No way of knowing how many of you did so, but I've heard from some of you. If YOU are one of those who sent a message, then

*** THANK YOU! ***

Other bills were acted upon by the Committee in my absence. These included the following. (Some commentary is from VA-ALERT, the e-newsletter of VCDL, the Virginia Citizen's Defense League. See http://www.VCDL.orgfor more.)

SB436, Vogel, Possession of concealed weapons in vehicles.

Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment.

Interestingly, some lady from the Virginia Center for Public Safety, in opposing the bill, suggested that people should just get CHPs! It had been our impression that CHPs were anathema to VCPS.

VCDL says:
"Senator Vogel's bill to allow non-CHP holders to have a loaded gun within reach while in a vehicle as long as the gun is in a locked container, SB 436, PASSED out of the Senate Courts of Justice committee by a vote of 10 to 5 and is headed to the Senate Floor!"

SB476, Hanger, Concealed handguns; restaurants.

This bill would change the absurd present law, which requires people with a CHP to move their weapon into public view if they enter an establishment that serves alcohol. They can still drink alcohol (as long as they don't become "under the influence"), but the handgun must be in plain view. I call thia absurd because I've seen many people who've been drinking enough to become belligerent, and such people would likely take the sight of a person wearing a handgun as a challenge, with trouble certain too follow.

This bill would allow CHP holders to carry concealed, but would also require that they not indulge in any alcohol. Don't really like the restriction, but it's a worthwhile compromise.

VCDL says:
"By a bipartisan vote of 9 to 6, Senator Hanger's restaurant ban repeal, SB 476, has PASSED out of the Senate Courts of Justice committee and heads to the Senate Floor!!!

"URGENT!

"If you are a **constituent** of Senator Norment (Williamsburg area), ask the Senator **POLITELY** to support the restaurant ban repeal (SB476) on the Senate Floor.

"Senator Norment's email address is: district03@sov.state.va.us

"Also, if you haven't yet told your Senator to support HB 476 to
repeal the restaurant ban, PLEASE DO SO NOW. There are 4,000 of you who haven't sent a message to your Senator on that bill!"

"Click on the link below to send the message to your Senator automatically. If clicking doesn't work, copy and paste it into your browser:

http://tinyurl.com/ynnsm2
"

SB776, Hurt, Concealed weapons; attorney for the Commonwealth may carry without a permit.

Lets a CA carry concealed, without a permit. Present law allows them to do so only "while in the discharge of his official duties or while in transit to and from such duties."

I'd prefer to just waive the $50 fee for a CHP for them, and at least see a requirement for proof of competency, but I wasn't there to speak. Maybe amend in the House?

Bill was reported to the full Senate.

------------------------------------------------------

Next significant meetings are tomorrow:

8:30 a.m. Senate Education and Health; Senate Room B, General Assembly Building
Three bills restricting abortion and sex education

House and Senate meet at noon.

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 09:55 PM | Permalink | TrackBacks (0)

I am about to lose my First Amendment rights since SB 133 and HB 633 are
going thru like greased lightning.

I cannot be down there to fend for myself but basically they will allow
Court Clerks and other state agencies to spoon feed criminals people's SSNs
but not allow me to publish a PUBLIC RECORD that ANYONE can get at the
courthouse or from a Clerk's remote access site.

I called the ACLU and got no help from them. I called the First Amendments
rights foundation and they said they'd monitor but nothing else.

So is it here in the birth place of this nation that citizens lose FIrst
Amendment rights?

The legislature voted unanimously to allow records the Clerks hold to be
accessed via the internet and they have not done anything to stop the clerks
from publishing SSNs, but since I have published THEIR records, they don't
like it and are targeting me and trying to get me to pull down their records
off my site. I won't.

BJ Ostergren, Founder The Virginia Watchdog
www.TheVirginiaWatchdog.com

Posted by Robert Russo at 12:46 PM | Permalink | TrackBacks (0)

file GA08-02-05
General Assembly, Tuesday February 5th, 2008

[Would have had this out this afternoon, but had been asked to attend and speak at the 15th Anniversary meeting of the Patrick Henry Supper Club.]

House and Senate met at noon.

Senate adjourned at 2:53, and the Senate Courts of Justice Criminal Subcommittee met about 3:30.

They have SB88 on their docket, and this may be our last chance at getting this concept passed this year. This bill had been thought to be dead for this year.

I was flabbergasted when the Chairman, Senator Saslaw, opened the meeting with a public apology to me, for having mistakenly chided me for noise at the previous meeting. He's the man with the power in this setting, and so could have simply ignored the matter, or settled for the private apology he had already given me.

SB88, Lukas, Marijuana; expungement of charges.

Provides that anyone who has had a charge of possession of marijuana discharged and dismissed in accordance with the provisions of § 18.2-251, more than 10 years prior to his petition for expungement, may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The bill adds that the Department of Criminal Justice Services shall maintain a record of an expungement of a dismissal under § 18.2-251 for the purpose of a second prosecution under § 18.2-250 or 18.2-250.1.

This is an attempt to restore civil liberties, and employment rights, to people who are still suffering from decades-old convictions for simple possession. The bill as introduced is not broad enough to cover people who were actually convicted, and it also ran into trouble because it had a significant fiscal impact.

Fortunately, both of those flaws are easy to fix . . . if we can persuade this subcommittee, and then the full Committee, and then 21 members of the Senate, and then the House subcommittee and committee, and then half of the delegates. No problem at all.

The bill comes up at last, about 5. Senator Lucas, fresh from chairing a different committee, explains it, and then asks me to give details.

I read excerpts from a letter to the subcommittee members. The writer, now married and living in Illinois, has gotten her Master's and her teacher's license, but found out to her dismay that she cannot use it. Back in 1975, over thirty years ago, she was convicted, in absentia, of possession of marijuana. This misdemeanor, so minor that no sentence was imposed, makes her training and certification useless. She requested executive clemency, which was refused on the ground that there is nothing unusual about her case. (And of course there isn't. Virginia convicts thousands of people for simple possession of a plant each year, and each is branded a criminal for all time.)

The bill would expand the current expungement statute, which currently is used where someone has been wrongly convicted, to also allow records expungement in cases where a person had been either given deferred judgement and dismissal for possession of marijuana at least ten years before they ask for expungement. I proposed an amendment to include actual convictions.

The bill had been estimated to cost well over half a million dollars in the course of 6 years. Carefully reading the fiscal impact statement, though, shows how a simple change in the bill can reduce that to a negligible amount. (Changing the registry responsibility for DCJS to the State Police.)

Subcommittee members are reluctant. Record expungement has been, until now, reserved for the innocent. On the other hand, there's a clear argument to be made that these are all cases of wrongful convictions.

Commonwealth's Attorneys oppose the bill. A conviction is a conviction, and you've got to tell the truth.

State Police oppose the bill. They don't actually have a database for expungements; they physically move paper records to different file drawers, and would have to physically look through all those folders of papers to see whether or not someone had had ther record expunged.

I pledged that, should the bill become law, I would personally construct a suitable database, using open-source software, and not only donate it to the State Police but would also maintain it, free of charge, at no cost or obligation to the Commonwealth, for the first year.

After further discussion, the subcommittee decided to pass the bill to the full Senate Courts of Justice Committee with no recommendation.

The bill is not dead! It may well be by the end of Wednesday's meeting, but it ain't dead yet . . . and the horse may learn to sing!

***
Now then, I don't often directly urge people to send emails about these issues. Anyone who's reading these reports is interested enough, and intelligent enough, to make up their own minds. This time, however, I'll go so far as to suggest that this bill will have a much better chance of making it through the Senate Courts Committee -- in only about 13 hours -- if the members of that Committee get messages asking them to support the bill with the proposed amendments.

Committee members are as follows:

Chair:
Senator Henry L. Marsh III
(D) - Senate District 16 - Richmond
email: district16@sov.state.va.us

Senator Ken T. Cuccinelli, II
(R) - Senate District 37 - Fairfax
email: district37@sov.state.va.us

Senator R. Creigh Deeds
(D) - Senate District 25 - Charlottesville
email: district25@sov.state.va.us

Senator John S. Edwards
(D) - Senate District 21 - Roanoke
email: district21@sov.state.va.us

Senator Janet D. Howell
(D) - Senate District 32 - Reston
email: district32@sov.state.va.us

Senator Robert Hurt
(R) - Senate District 19 - Chatham
email: district19@sov.state.va.us

Senator L. Louise Lucas
(D) - Senate District 18 - Portsmouth
email: district18@sov.state.va.us

Senator Ryan T. McDougle
(R) - Senate District 4 - Mechanicsville
email: district04@sov.state.va.us

Senator Thomas K. Norment, Jr.
(R) - Senate District 3 - Williamsburg
email: district03@sov.state.va.us

Senator Mark D. Obenshain
(R) - Senate District 26 - Harrisonburg
email: district26@sov.state.va.us

Senator Linda T. Puller
(D) - Senate District 36 - Mt. Vernon
email: district36@sov.state.va.us

Senator Frederick M. Quayle
(R) - Senate District 13 - Suffolk
email: district13@sov.state.va.us

Senator W. Roscoe Reynolds
(D) - Senate District 20 - Martinsville
email: district20@sov.state.va.us

Senator Richard L. Saslaw
(D) - Senate District 35 - Springfield
email: district35@sov.state.va.us

Senator Kenneth W. Stolle
(R) - Senate District 8 - Virginia Beach
email: district08@sov.state.va.us

------------------------------------------------------

Next significant meetings are tomorrow:

House and Senate meet at noon.

2:00 p.m. Senate Courts of Justice; Senate Room A, General Assembly Building
Drugs, guns, and sex -- can it get any better?

1/2 hr after House adjourns House Courts of Justice - Criminal Subcommittee; House Room C, General Assembly Building
Mental health and sex.

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 01:29 AM | Permalink | TrackBacks (0)

file GA08-02-04
General Assembly, Monday February 4th, 2008

The Senate Courts of Justice Committee met at 8:45. They have a number of items, most things of interest are gun bills.

SB332, Cuccinelli, Access to CHP database; allows information to be redacted.

This is considered AFTER SB529, SB730, SB759. It allows exemption of permit-holders' personal data. Although the basic issue has been decided already, we're going to play the parlimentary maneuver game.

Motion to report fails. Motion to reconsider that vote passes.
Norment moves to conform this to SB529, then roll SB529 into THIS one -- this would give Cuccinelli bragging rights, instead of Houck. This ain't gonna fly. It don't. Bill is dead.

Ironically, a different bill reaches a different conclusion. See SB764, below.

SB436, Vogel, Concealed weapons in vehicles

Would allow legal handguns to be carried in a locked container/compartment in private vehicles by legal owners with no need for Concealed Handgun Permits.

At request of patron, passed by for the day.

SB476, Hangar, Concealed weapons, restaurants and alcoholic beverages

Present law says that, even with a permit, citizens may not carry a concealed weapon in any restaurant or club that serves alcoholic beverages. The weapon must be open and visible. This bill would remove that prohibition, and replace it with one that prohibits the carrier from consuming alcoholice beverages on the premises. (Current law allows drinking, but not intoxication.)

Committee lost its quorum, so passed by for the day.

HB529, Hauck, restricts access to information on names and addresses of people who hold Concealed Handgun Permits. It's a recommendation of the FOIA council, in response to the act of a Roanoke newspaper which published the information on their website.

Interestingly, I'm sitting between two representatives of the Virginia Press Association, which opposes the bill -- although the patron just said that VPA is good with the measure. One of the representatves explains that VPA supports THIS bll, but that there are others which they oppose. There are three other bills on the same subject on this morning's docket.

Amendment is offered to allow access to Lexis/Nexis, which has a contract to gather such data for the State Police. This provision has already been inserted into the House version of this bill.

SB730, Smith, was rolled into the bill, even though 730 has a provision for release of data to nonprofit groups which is not in the other two bills.

Sen Ruff's bill, SB759, is rolled into this one.

VCDL's Philip Van Cleave opposes the bill, as does FCPC's Mike Stollenwerk, since it still allows access to the information at the courthouse.

VPA's Craig Merritt supports the bill, as the product of the FOIA council with input from the media and other groups.

Senator Stolle asks about allowing exemptions, on request, for specific cases, such as law enforcement and victims of domestic abuse. Houck opposes.

(See discussion of SB764, below.)

AG's office asked whether Circuit Court judges have authority to withhold such information when there's a good reason to do so. He doesn't know. Stolle asks if there are other "public" records with similar exemptions.

Sen. Cuccinelli proposes amendment to protect privacy in cases where that may be justified, using language from his SB332. Question on who would be eligible for exemption; if no limits on whom, then why have this as public info at all?

Sen. Hurt asks VPA position. Well, these are Circuit Court records, and therefore presumably public, though there is inherent authority of judge to order record closed in some cases. Standard is not "for good cause", but must be "compelling interest", which requires a stronger reason to close records. He stresses that this is already an inherent right, and so doesn't need to be written into the statute.

Reynolds points out that you don't need a permit to open-carry, but if you do choose to get CHP, then you know that it is a public record.

Second for Cuccinelli amendment, using "good cause" standard.
Vote sounds like partyline; rollcall shows it fails.

Bill reported to full Senate.

SB730, Smith, Access to CHP database; allows data distribution to non-profit groups for educational purposes.

This was rolled into HB529, Houcck, even though that bill has no provision for nonprofit access.

SB759, Ruff, Access to CHP database

Rolled into Sb529, Houck, which is virtually identical.

SB764, Ticer, Substitute, Domestic Violence victims

This bill fine-tunes the provision in law allowing victims of domestic violence to use the Attorney General's office as their contact address. The AG would maintain a highly confidential list, and forward mail to them. Their actual addresses would be used in the Virginia Criminal Information Network, with access only for law-enforcement purposes. The program is new, and is applicable only in some localities.

It occurs to me that what this legislation restricts, the CHP program reveals; there's even a specific exemption for that list in the bill.

Substitute version reported to floor.

HB776, Hurt, Concealed weapons and Commonwealth's Attorneys

Would allow CAs to carry concealed weapons with no need for a permit.

Committee lost its quorum, so passed by for the day.

Committee rose before 11 am.

-------------------------------------------

House and Senate met at noon.

-------------------------------------------

At 2:30, the House Courts of Justice meets, after a considerable wait for a quorum.
Sex, arrest vs. summons, guns, self-defense, waiver of rights

HB312, Landes, Miscarriage or stillbirth; unintentional cause thereof.

Makes it a Class 5 felony to grossly/recklessly cause a miscarriage or stillbirth, EXCEPT if the action occurs while under the influence of marijuana, or Class I or II drugs, or while driving on a suspended license, or in an act of domestic violence, in any of which cases it would be a Class 4 felony

The difference between the general case, and the three cases with higher penalties, isn't clear to me at all. The difference in penalties is immense: from no jail up to 10 years, and no more than $2,500, for a Class 5 felony, compared to at least 2 years (and up to 10), and up to $100,000 for a Class 4 felony.

When the bill comes up, there's a substitute version. The sub makes exactly the change that I was going to push for, deleting section B. Even more amazing, that change was requested by the Commonwealth's Attorneys Association -- one of the few times that they and I agree. I didn't even have to speak to the bill!

After considerable discussion among the Committee, they decide to pass it by until later today. Later, it's decided to deal with it Friday.

No, taken up as last item, and substitute reported & referred to Appropriations.

HB436, Miller, Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer.

The bill would allow actual arrest instead of issuance of summons.
This would have he effect of making it much easier for police to search someone without any sustainable reason -- although we're assured that this would never actually happen, of course.

This has been repeatedly argued in Subcommittee, and I don't expect that any of the opponents will be allowed to object today. Ah, actually, we CAN speak. Many people want to do so.
Christina Rebeil of Virginia Immigrant Peoples Coalition opposes, as giving greater latitude for harassment of Hispanic people. Delegate Athey quizes her as to exactly which localities have biased police.
A gentleman named Curran, who works with immigrants, opposed.
I oppose for VADV -- too many arrests with attendent searches, leading to even more arrests. Also asked whether the other five states that have the summons procedure handle all the terrible problems that we've been told require this bill. No answer.
VCDL's Philip Van Cleave opposes -- harassment of gun carriers.
FCPC's Mike Stollenwerk opposes -- privacy concerns.
AG's office supports.
Comm. Attys support.
VA Criminal Defense Lawyers oppose -- harassment of young, and of out-of-staters.
State Police support.

After all had spoken, and more discussion, reported, 19-2.

HB567, Crockett-Stark, Sexual offenses; those convicted prohibited entry onto school property.

Prohibits entry onto school property at all times, removing the part of present law that limits the prohibition to school hours. There had been extensive discussion on the bill, but eventually it was decided that it is a straight-up policy decision. Subcommittee recommended it 10-1.

Reported, and re-referred to Appropriations.

HB622, Brink, Sexual offender; prohibited from residing in public park in proximity to children.

Not heard today.

HB710, Janis, Self defense and defense of others; person occupying dwelling may justify when unlawful entry.

This is the "castle doctrine" bill, which says that you don't have to run away if someone breaks into your home and attacks you. I note that it's been the subject of some opposition from people who either can't understand English, or who are lying. (See http://barticles.mytimesdispatch.com/, and scroll down to "Never Mind the Facts, Just Start Panicking", posted February 1st.)

Amended to change the word "harm" to "injury".

Partridge from NRA supports.
Va. Center for Public Safety opposes, citing terrible consequences: the foreign exchange student who was shot by a paranoid homeowner several years ago in another state. (She failed to mention that the student merely knocked on a door to ask directions; he did NOT "enter unlawfully" anyone's home, so this would not have applied.)
Virginia Association of Commonwealth's Attorneys opposes: he's afraid that the bill would confuse judges in criminal cases.
VCDL supports.

Discussion among Committee members, questions.

Patron points out that the bill doesn't give anyone immunity to arrest or prosecution if there's reason to believe that a crime has been committed. All it does is protect a person who is lawfully in a private residence from being sued for using force under carefully limited circumstances: where someone elso "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 injury." All three circumstances must obtain for the immunity to apply.

Bill is reported, with indicated amendment, 17-4.

HB815, Albo, Substitute, Voluntary admission; report to Central Criminal Records Exchange.

This will be heard in Criminal Law Subcommittee, later today.

HB1043, Watts, Polygraph; no sexual offense victim shall be requested to submit for investigation to proceed.

Not heard today.

HB1366, Cline, Probation; waiver of fourth amendment rights as condition.

This is moved to the end of the docket at his request.

This would make clear that a judge may force a defendent to "voluntarily" waive his Constitutional right to be secure against search and seizure in the absence of a warrant and probable cause. This would apply to people convicted of drug offenses and some other offenses, primarily as a condition of probation.

The patron offers an amendment to restrict the searches to times when the defendent is present. Adopted.

Delegate Moran offers an amendment to delete the reference to "home", so that searches would be authorized only for the defendent's person and vehicle. Long discussion, and amendment is defeated 13-8.

I spoke against the bill, as did the representative of the Virginia Criminal Defense Lawyers. Commonwealth's Attorneys spoke for it.

Bill is reported, 15-6.

Committee rises about 5:30

-------------------------------------------

At 6 pm the Criminal Subcommittee of the House Courts of Justice Committee is supposed to meet. Of course, we're on Legislative Standard Time, which is highly variable -- in this case, 15 minutes slow. It's looking to be a long night.
Hacking, sex, domestic violence, kids, guns, madness, etc.

HB384, Ware, Substitute, Computer trespass; alters elements of crime.

The original bill would have changed the definition of computer trespass to no longer require that a person act with malicious intent in order to be guilty, requiring instead that the act be committed without the consent and authorization of the computer's owner.

I was concerned that this was another "Death to Hackers" bill, over-reacting to innocent hacking. Turns out that this isn't the case. There's a substitute version proposed, which merely says that in a civil matter (such as a lawsuit or divorce) one cannot use evidence that was obtained unethically from a computer system.

Bill is approved, 7-4.

HB597, McClellan, Marriage, subsequent; effect thereof to child over 14 years of age.

Crimes; effect of subsequent marriage to child over 14 years of age. Repeals the code section that provides a defense to carnal knowledge of a 14-year-old female when there is a subsequent marriage of the victim and the perpetrator.

I found this interesting because it repeals a related section of the Code. Current law says that it's illegal for an adult to have sex, even with consent, with someone under 17. If a person is charged with this, and the court finds that since that time the couple has gotten married, and that they're properly living together as husband and wife, then the court may repeatedly continue the case until the younger spouse reaches 16. If at any time that the accused deserts his spouse, then the court can go ahead with the prosecution.

This bill repeals that section of the Code, as part of a policy decision (a recommendation of the Sexual Violence Study). The reasoning is that there should not be additional pressure on a victim to actually marry someone merely to keep them out of jail.

I had to point out to the subcommittee that, if there are currently any such marriages being monitored by the courts, the repeal will remove the authority for that, and so perhaps the repeal should be postdated.

An entirely separate problem is that the underlying criminal statute applies to conduct between "adult" and any minor who's at least 15 . . . and may be, in fact, 17 years and fifty-one months, while the adult is 18 years and one week.

The vote to report the bill (actually, to recommend to the full Committee that it be reported) failed on a 5-5 vote (a majority is required).

AHA! AFter another bill is considered, Delegate Albo moves to reconsider the bill, then Delegate Gilbert moves that it go by for the day, to allow a possible fix.

HB719, Janis, Underage drinking and driving; punishment.

Provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor. Currently, the punishment is loss of license for six months and a fine of no more than $500. This bill provides for forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and a mandatory minimum fine of $250. Punishment set forth in the bill mimics punishment for DUI.

Bill heard briefly, then subcommittee decided that we'd have to break. Passed by until next meeting.

HB815, Albo, Voluntary admission; report to Central Criminal Records Exchange.

Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment.

This FINALLY comes up, just before 11:30.

This refers ONLY to the "voluntary" admissions that are allowed after someone has been adjudicated as needing an involuntary committment. Such a person is allowed to receive such treatment "voluntarily", but this shouldn't be confused with someone deciding on their own, or after talking with friends and family, that they need treatment.

There are a number of proposed amendments to the bill, some proposed by VCDL and some by the AG's office. A quick runthrough doesn't show any conflicts between the two sets.

The AG's amendments are largely required to conform to Federal standards. They seem to do no harm, and in several parts actually improve the bill.

The gun-owners' rights amendments protect patient privacy, and ensure that people won't lose their rights without good reason.

Suncommittee approved the draft bill with no controversy, and approved changes as needed to make the bill meet the ends of all parties. The bill will be redrafted (incorporating HB835 as well as the other bills already incorporated into it, and it'll be ready for the Wednesday meeting.

A last-minute snag came up, since any notifications must also go into the Federal database, and no one, including the State Police, has any idea how to clear someone's name once it's been entered. (For those who aren't already aware, the Federal legislation includes a procedure for clearing names, but it has never been used, since the anti-gun forces in the Senate have always had a specific law prohibiting spending any money to implement it. This has been a deliberate policy, though never widely publicized. Only with the new act, just signed into law, has that ban been removed. This may help you understand why the law has been called the Veterans' Disarmament Act by its opponents.)

Bill should be finished on Wednesday.

HB835, Moran, Substitute, Firearms; misdemeanor to possess, etc. if mentally incompetent.

Provides that it is a Class 1 misdemeanor for a person who has been adjudicated incompetent to stand trial to purchase, possess, or transport any firearm. The bill also requires the court to send to the Central Criminal Records Exchange orders finding that a defendant is incompetent to stand trial and orders for involuntary treatment.

This bill is quickly incorporated into HB815, just about 11:15 pm.

Committee rises at 11:56 pm, just moments before we all turned into pumpkins.

------------------------------------------------------

Next significant meetings are tomorrow:

House and Senate meet at noon.

1/2 hour after Senate adjourns, Senate Courts of Justice Criminal Subcommittee; 3rd Floor East Conference Room, General Assembly Building
Drug bills and others

-------------------------------------------------------

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.)

--------------------------------------------------------------

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!

Posted by Roy B. Scherer at 01:20 AM | Permalink | TrackBacks (0)

file GA08-02-01
General Assembly, Friday February 1st, 2008

--------------------------------------------------------

*** Question (from e-mail):
"Why aren't you concentrating on [XXXX] instead of wasting your time on [ZZZZ]?

*** Answer:
I'm a volunteer. As my life and the lives of those I love are affected by more than one issue, I deal with more than one aspect of freedom. There are too many issues for one person to keep up with all of them. I decide what to spend time on depending on a whole lot of other matters, including who's meeting at what time. Sometimes I factor in the phase of the moon. I'm a volunteer.

I fully agree that it would be far more effective, for your issue and for any other, if there were someone here who concentrated only on that issue. I suggest that you hire such a person.

----------------------------------------------------------

Appropos of above, I managed to miss a meeting that I'd have rather attended than the HMP&PS committee below. If I'd been at Senate Committee on Rehabilitation and Social Services, which met at 8:30, I might have been able to affect these, among others. This is a committee with some very good, and some very bright, people on it, (some of the members actually have both qualities!), but sometimes they need a prod or two.

SB296, Puller. TANF; eligibility for food stamps when convicted of drug-related felonies.

Eligibility for TANF and food stamps; drug-related felonies. Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and comply with criminal court orders and treatment programs, as permitted by federal law.

The bill would allow people who would otherwise be barred from receiving TANF for having had a conviction for drug possession to be in the program, providing that they're in full compliance with court orders. Note that there is no provision if the conviction was for marijuana possession; amendment needed here.

A substitute version was reported from Committee, and re-referred to Finance. No further information at this time.

SB404, Puckett, Substance abuse screening; person become ineligible for public assistance if using illegal drugs.

Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to conduct a screening of all applicants or recipients of public assistance. This bill provides that, where a screening indicates reasonable cause to believe an applicant or recipient is using illegal drugs, the applicant or recipient may be required to submit to drug testing. Where a drug test indicates that the applicant or recipient is using illegal drugs, the person shall become ineligible for public assistance. The person may reapply for public assistance once 12 months have elapsed from the date of initial ineligibility.

The bill would require drug testing of everyone receiving any sort of welfare, and bar them from public assistance for a year if it appeared that they have ingested illegal substances. Does not include tests for alcohol or tobacco.

Appears to have died in committee, but uncertain as yet.

SB642, Ticer, TANF; eligibility for food stamps when convicted of drug-related felonies.

Eligibility for TANF and food stamps; drug-related felonies. Provides exemption to receive TANF benefits for persons who have been convicted of a felony drug offense pursuant to § 18.2-250 and comply with criminal court orders and treatment programs, as permitted by federal law.

This was incorporated into SB296, above.

-----------------------------------

House Militia, Police and Public Safety Committee met around 9am, with several firearms bills on their docket.

HB835, Moran, Firearms and mental incompetence

Bill re-referred to Courts of Justice Committee, since they've spent a whole lot of time dealing with this issue. Bill is likely to be incorporated into Delegate Albo's bill, and will probably be acted upon by Courts this afternoon.

HB982, Nutter, restricts access to names and addresses of holders of Concealed HAndgun Permits.

Earlier, the Roanoke Times had accessed the list of permittees, and published it on their website. The searchable database included the names and addresses of people who had permits because they had been hreatened, or actually attacked, by spouses or others. This bill will prevent a recurrence of that incident.

Substitute version introduced, differing from original version primarily in no longer allowing restricted access to data by non-profit groups for educational purposes.

I spoke briefly, for VCDL, explaining that VCDL would have preferred to have access, but supported either version of the bill.

Substitute reported.

Committee rose at 10:28 to allow for party caucuses before House convenes at 11 am.

-----------------------------------

House Courts of Justice Committee met at about 12:45. Big docket -- 75 bills, on Dope, Guns, Sex, Constitutional rights, Arrest instead of summons, Stealing cats, misc.

Very busy, fast session. Spent a long tme on several bills in which I'm not interested, then BLAZED through a bunch of others. Much action taken faster than I can type. Report reconstructed from notes . . .

Half a dozen bills are carried over to next session (2009); too quick to copy, and after the meeting I find that the list was too quick for staff to copy also. Info will be available later.

41 more bills disposed of by 1:15 -- all reported, in two block votes, either to the floor or to Appropriations. Some of these are listed below.

We're informed by the Chair that we won't be getting through all of the bills today, which aprobably means that we won't be here past 9pm, and quite likely not even that long.

HB34, Ingram, Substitute. Makes it a felony for an adullt to French-kiss a child under 13 if the person is in a custodial relationship to the child.

Discussion as to how to coordinate with other statutes. Tempers short as hour gets later (and it's snowing at home for a number of these guys). Language moved to different Code section -- no, set aside for a few minutes. Thirty minutes later, brand new version of bill, now in 18.2-67.3. New version amended yet again.

Report and refer to Appropriations.

HB223, Cosgrove, Substitute: Sex offenders; prohibiting proximity to children.

Provides that an adult other than an adult dropping off or picking up his child, who is convicted of an offense prohibiting proximity to children, shall be forever prohibited from entering upon or loitering within 100 feet of the premises of a public recreation center or community center.

Amended to allow offender to enter in order to vote, if necessary.
HB705, BaCote, is incorporated into this bill.

Reported, rereferred to Appropriations

HB334, McClellan, Cats; Class 5 felony to steal.

They finally rewrote this bill, yet again, and after much more discussion. As predicted, one of the more contentious bills of the session.

Substitute reported & rereferred to Appropriations.

HB429, Marshall, Substitute. Makes it a misdemeanor to force a person to have an abortion; if she is under 18, it's a Class 6 felony.

Substitute reported & referred to Appropriations, 14-4

HB574, Watts, Substitute: Child sexual offenses; creates number of new crimes labeled indecent liberties with children.

Provisions 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.

This is an attempt to bring some rationality and order to the statutes protecting kids. It's been rewritten several times.

Latest substitute reported and rereferred to Appropriations.

HB705, BaCote -- Incorporated into HB223, above.

HB815, Mental health and firearms, has a number of new proposed amendments (some from the AG's office, others from gun-rights groups), and is sent back to subcommittee, where it will be heard Monday.

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

Raises penalties for some sales of methamphetamine; mandatory minimums.

Reported and rereferred to Appropriations in block vote. Estimated fiscal impact $260,310, so it may not come out from there.

HB932, Gilbert, Substitute. 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.

Another example of a law that shouldn't even have to be written, except that some people are unbelieveably irresponsible. The new law will give a way to punish such idiots.

There had been concerns that this would punish the sort of accident that can happen to anyone, but language is pretty good in restricting application to behavior that SHOULD be punished.

Substitute version reported, rereferred to Appropriations.

HB1043, Watts, Polygraph

Use of polygraph on sex offense victims. 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.

My notes show that this was approved in block vote and reported to the floor. The Web says that it's still in committee.

HB1044, Watts, Sex offender registry
Approved in block vote, reported to floor.

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

Makes it a Class 4 felony (2-10 years) for anyone, including the pregnant female, to deliberately do anything to cause an abortion or miscarriage. Excludes medically approved contraceptives.

Planned Parenthood spokeswoman opposed 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.

Amended to exempt other legal medications.

Reported, re-referred to Appropriations.

HB1147, Gilbert, out of state pharmacies

This is the bill to regulate out-of-state pharmacies selling medications in Virginia. Supposedly these are flooding the Commonwealth with dope to get people high, or down, or sideways, all without any sort of medical oversight. We heard tales of crowds of drug-addled zombies waiting in parking lots to meet the UPS truck, as authorities stood by watching in impotent horror as the very foundation of civilzation as we know it crumbled in front of their very eyes. (What's that? Why, no, of course I'm not cynical! Why would you think that?)

Bill has been extensively rewritten, and no longer raises penalties for repeated prescription fraud. Substitute version reported in block vote.

HB1442, Iaquinto. Ignition interlock; required implementation after first DUI conviction.

Requires the implementation of ignition interlock following a first DUI conviction, raises costs, adds other restrictions.

I hadn't been following this bill. It would add the very onerous, and very expensive, interlock requirements for every person convicted on DUI charges. Considerable discussion as to whether to report it, or refer it to Crime Commission for study until next year.

Substitute version reported, re-referred to Appropriations.

HB1156, Phillips: Drug distribution; penalties if results in death or serious bodily injury.

Subcommttee recommended that this bill be killed. It was not revived. Still dead.

Committee rose . . . actually before 4 pm!

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Next significant meetings are on Monday:

8:30 a.m. Senate Courts of Justice; Senate Room A, General Assembly Building -- Mostly gun bills.

House and Senate meet at noon.

1/2 hr after House adjourns House Courts of Justice; House Room C, General Assembly Building
Sex, arrest vs. summons, guns, self-defense, waiver of rights

upon adjournment of full committee meeting
House Courts of Justice - Criminal Subcommittee; House Room C, General Assembly Building -
Computer hacking, sex, domestic violence, kids, etc.

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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!

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