RichmondLiberty.org

file GA08-02-01
General Assembly, Friday February 1st, 2008

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*** 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.

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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.

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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.

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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!