Roy's Report: 08-02-06
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.
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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."
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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:
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.
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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.
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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!