Roy's Report: 08-02-18
file GA08-02-18
General Assembly, Monday February 18th, 2008
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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.
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e-mail question:
What did you mean when you said that the House of Delegates would meet in a "pro forma" session?
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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
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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.)
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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.
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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.
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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.
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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.
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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.
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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.
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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!