RichmondLiberty.org

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

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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.

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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 February 14, 2008 | Permalink | TrackBacks (0)

file GA08-02-08
General Assembly, Friday February 8th, 2008

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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.

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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.

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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.

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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.

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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.

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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 February 8, 2008 | 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 February 6, 2008 | 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 February 6, 2008 | 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 February 6, 2008 | 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 February 5, 2008 | 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!

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

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.

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

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 February 2, 2008 | Permalink | TrackBacks (0)

file GA08-01-31
General Assembly, Thursday January 31st, 2008

The important meeting today is House Militia, Police and Public Safety Committee, Subcommittee #1, Firearms.

Very smooth meeting, very little controversy. A number of firearms bills, and the subcommittee did the right thing on every one of them. There were spokespersons there from the Virginia State Police, the Virginia Center for Public Safety, Virginia Citizens' Defense League (Philip Van Cleave), and Fairfax County Privacy Center (Michael Stollenwerk), as well as private citizens Jim Kaddison, Hal Macklin, and myself.

HB709, Janis, mental health questions on application to buy a firearm

After a few minutes of discussion, this was postponed to allow some revision. Quite a while later, Delegate Janis returned with a modified bill, which addressed the concerns of the gun-owners' rights activists. This was the first bill called, and the last one acted upon.

Everyone spoke either for or against it. Same arguments.

As passed out from the subcommittee, it adds questions to the form required to be filled out when applying to purchase a handgun three additional questions:
Have you ever been acquitted by reason of insanity;
Have you ever been ordered into involuntary mental health treatment;
Have you ever been adjudicated to be incompetent.

There ARE provisions to cover cases in which there has been a temporary disability which has later been cleared. (One of the big sticking points, for rights advocates, has been that the Federal system has had clear procedures for restoring the rights of people who were temporarily disabled, but who have recovered. The procedures existed, in law, for years . . . but the anti-gun faction in Congress explictitly dened any funding to implement them. The practical effect of that, until this year's changes in Federal law, is that if you came back from Iraq with PTSD, you could never in your life own a gun again.)

The bill, as amended, was passed out of subcommittee with a recommendation to be reported to the full House.

HB734, Caputo, would have banned firearms from public libraries, except for police and licensed security guards who are on-duty.

The spokesperson for the Virginia Center for Public Safety supported the bill, citing the possibility of tragedies if a gun "falls out of someone's pocket."

I opposed the bill, citing my very good experience with the Richmond Public Library, and the dangers faced by people walking to/from the library.

Mr. Partridge of NRA opposed the bill, emphasising the pre-emptive status of Virginia laws.

Delegate Caputo tried to support the bill by citing a case when someone entered a public library, openly carrying a firearm, with his kids. Some of the other patrons were "taken aback".

No action on bill; it will still be technically alive at the next meeting of the full Committee, but resusication is unlikely.

HB746, Caputo, would prohibit firearms in daycare centers, except for police and licensed security guards who are on-duty.

Patron explains that kids shouldn't be around firearms.

Discussion points out that guns already aren't allowed in churches, which commonly have daycare centers (actually, this is not a universal prohibition), and that private daycare centers already have the right to ban firearms on their premises if they choose to do so.

PVC, and Mike S.,and I all spoke against the bill, using all the usual arguments.

Patron says licensed security guards exempt. Subcommittee members point to expense of small centers hiring professional guards, and to Colorado incident where NON-paid, NON-professional volunteer security guard stopped massacre.

No motion made on bill. It's dead, but might theoretically be revived by full committee.

HB835, Janis, mental incompetence and firearms

Substitute version of this bill was considered. New version is better; approved and re-referred to House Courts of Justice Committee.

Subcommittee adjourned, all went home. Busses still running; this is GOOD.

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

Next significant meetings are:

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

House and Senate meet at eleven am.

1/2 hr aft House Courts of Justice; House Room C, General Assembly Building
-- Dope, Guns, Sex, Constitutional rights, Arrest instead of summons, Stealing cats, misc.

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

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 January 31, 2008 | Permalink | TrackBacks (0)

file GA08-01-30
General Assembly, Wednesday January 30th, 2008

[This report is being sent out Thursday morning, rather than Wednesday afternoon. Feel free to invent some plausible excuse, other than "He's just lazy." Sorry, people. -- Roy]

Two important committee meetings today, at effectively the same time.
2:00 p.m. Senate Courts - All the bills from yesterday's subcommittee, AND ALSO SB88, expungement of marijuana convictions.

1/2 hr. after House adjourns - House Courts Criminal Sub. - DRUG BILLS nonresident pharmacies, drug-caused death, Waiver of Constitutional rights, indecent exposure, castle doctrine, sex offenders

As I type, Lennice Werth is at the Senate hearing, while I'm on the House side. We'll try to coordinate with each other.

House subcommittee finally gets a quorum and begins just about 2 pm, with 33 bills on the docket. ALl the bills that have a fiscal impact (will cost the State money over the next five years) should be done today. Bills of interest below are in numerical order.

HB491, Amundson: Indecent exposure; penalty.
There was another try at rewriting this bill, so that it could cover outrageous behavior even in one's own home but still not reach into normal conduct. This was a nearly complete rewrite of the current law. Point raised that we have decades of experience, and case law, invested in deciding exactly what is meant by the words in the current statute, and if we rewrite now then that process will have to start all over again, so a rewrite had better be really good. After another hour of discussion, they gave it up as a bad job.

Bill was tabled, presumably dead but it could be taken up again if anyone gets a bright idea.

HB710, Janis: Self defense and defense of others; person occupying dwelling may justify when unlawful entry.

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

This is another try at the "Castle doctrine" (As in, "a man's home is his castle.") Would have liked to stay for it, but since it has no fiscal impact we aren't even sure that it will be heard tonight.

I left for the Senate committee, but Philip Van Cleave from VCDL and courts expert Hal Macklin were there and covering the issue. (For those who would like to receive VCDL's e-newsletter, see:
http://www.vcdl.org/.

[Thursday morning, Philip informs me that this bill was indeed passed out of subcommittee to the full Committee for approval.]

HB1147, Phillips: Controlled substances; nonresident pharmacies reporting and approval requirements.

Controlled substances; nonresident pharmacies; penalties. Adds new penalties and increases existing penalties related to controlled substances including: (i) a medical practitioner wrongly prescribing or dispensing a Schedule I or II drug shall be imprisoned for not less than five nor more than 40 years and fined not more than $500,000, and upon a second or subsequent conviction, may be sentenced to imprisonment for life and be fined not more than $500,000, and for Schedule III through V drugs, shall be guilty of a Class 5 felony; (ii) a pharmacist violating any provision of the Drug Control Act shall be guilty of a Class 5 felony for the first offense, and a Class 4 felony for a second or subsequent offense; and (iii) any person wrongfully obtaining a drug through fraud, forgery, misrepresentation, etc., shall be guilty of a Class 5 felony for the first offense and a Class 4 felony for a second or subsequent offense, rather than the current Class 6 felony for all such offenses. Also adds new reporting and approval requirements for nonresident pharmacies doing business over the internet and via electronic mail.

This bill attempts to stop what is alleged to be a major problem of Virginians buying pharmaceutical drugs for the purpose of abuse from out-of-state pharmacies. We heard tales of crowds of people waitin in downtown parking lots to meet the UPS truck, getting their drugs, and the local police being powerless to stop them. (In spite of my requests, none of the proponents of the bill explained why law enforcement didn't just arrest these people for obtaining drugs through fraud, which is already a felony. Certaily that's done routinely with cocaine and marijuana, with autorities working closely with FedEx and UPS and Post Office to set up controlled deliveries of contraband.) One of the provisions raises the penalty for a second offense of obtaining drugs through invalid prescriptions from the present Class 6 felony (up to five years) to a Class 5 felony (up to ten years).

The bill had been held up pending word from the AG's office on the constitutionality of what is essentially a scheme to regulate interstate commerce, which is reserved for the Federal government. We were told here that the AG has given his OK.

A representative from a large mail-order pharmacy explained how the requirement for a Virginia-based resident pharmacist would cost his company large sums; the cost of hiring fifty new pharmacists to satisfy similar legislation across the country would substantially raise the prices they must charge consumers.

Robert Bushnell, representing the Commonwealth's Attorneys Association, quite responsibly suggests that the prohibition of pharmacists filling fraudulent prescriptions should say that the pharmacist must have known that the 'scrip is bad. This sparked many questions about how one can tell real 'scrips from phoney ones, during the course of which we learned that the Feds are in the process of implementing a requirement that all 'scrips be written on special tamper-proof paper. [I predict that when this process becomes final, which is supposed to be "within months", there will be a great number of problems as many doctors will not have gotten the word, and valid prescriptions are rejected.]

I spoke, questioning any real need for bill since we have existing laws against frauulent prescriptions, and opposing increased penalties for repeat offenders.

The bill was passed by for the moment, to allow it to be reworked yet again. An hour or two later, the new version is ready.

It's much better than the previous versions, and most importantly no longer has the doubled penalty for using bad 'scrips.

Recommended for reporting to the full House.

HB1156, Phillips: Drug distribution; penalties if results in death or serious bodily injury.

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.

This finally comes up, only an hour and a half into the meeting.
The bill makes it a specific crime, with increased penalties including mandatory minimum sentences, when illlegal drugs cause serious injury or death. This is another substitute version, and now covers only cases where the illegal drugs cause death, and has no provision for 'man-mins' (these typically must be served over and above any other sentences, and are not subject to probation, parole, or reduction of any time.

I spoke against the bill, saying that we already have a law on the books making anyone who commts a felony (such as distribution of drugs) guilty of felony manslaughter if a death results from that act. I also made a pitch for personal responsibility, asking why I should be held responsible if I sell someone something which he then uses stupidly in such a way as to kill himself. If I sell you an aluminum ladder, and you use it to climb up and mess with the power lines and kill yourself, that is your fault, not mine. Likewise, if I sell you sleeping pills, and you then drink alcohol and use a triple dose of the pills to kill yourself, that is your fault. Freedom requires responsibility; each person must be responsible for his own choices and actions.

There's much discussion, including descriptions of several cases where people had died following inappropriate use of illegal drugs, and the difficulties of proving that those deaths had in fact been caused by, not merely followed, the drugs.

Finally, on a motion from a most unlikely member, the bill was PBIed. Barring unexpected action by the full Committee, it is dead.

HB1366, Cline: Probation; waiver of fourth amendment rights as condition.

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

Had to leave for the Senate committee before this came up. More later.

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

At the Senate Courts of Justice Committee meeting, there had been action on a number of items, but a snag in the marijuana-expungement bill. Most actions reflected subcommittee decisions.

SB3, indecent exposure, was PBIed.

SB88, Lucas, would have set up a procedure for expungement of criminal records for people who have had charges of marijuana possession dismissed under the conditional-discharge statute. We had an amendment prepared to expand that provision to people who had actually been convicted of possession in the past.

Suddenly, there was a "fiscal impact statement" associated with the bill. The analysis claimed that the bill would require hiring a new State employee at $90,000 per year, and setting up servers and databases, for a cost of $100,000 for the first year, and maintaining that database at a cost of $2,500 per year. This analysis is subject to challenge on several grounds, and although we're working on it, nothing could be done Wednesday because the necessary people had already gone home when we discovered the new data.

The bill was not heard by the Committee.

SB175, prohibiting registered sex offenders from being near recreation centers, was passed by for the day.

SB270, Indecent exposure, was folded into SB3, which was PBIed.

SB382, selling guns to illegal aliens, had a substitute version reported to the full Senate.

SB397, Edwards, Electronic log for cold medicine, was stricken from the docket at the request of the patron.

SB405, Puckett, Out-of-state pharmacists, had a substitute version reported from Committee and re-referred to Senate Finance Committee. This is the Senate version of HB1147, written up above. Eventually, the two bills will have to be reconciled.

SB556, Obenshain, requires jail time for disregarding right-of-way and killing someone. A substitute version was reported from the Committee, and that version should be on the Web later today.

SB590, Howell, Sex Offenders Registry, had a substitute version reported and sent to the Finance Committee. Substitute version should be on the Web later today.

SB678, Puckett, authorizes a Drug Court for Tazewell County. Reported, re-referred to Finance.

Lennice and I both left before six pm, while Committee was still sitting.

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Next significant meetings are:

8:30 a.m. Senate Education and Health; Senate Room B, General Assembly Building
-- Public smoking, HPV vaccinations

House and Senate meet at noon.

5:00 p.m. House Militia, Police and Public Safety - Subcommittee #1, Firearms; 7th Floor West Conference Room, General Assembly Building
-- Numerous firearms bills, including prohibitions for libraries and day-care centers

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

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 January 31, 2008 | Permalink | TrackBacks (0)

file GA08-01-29
General Assembly, Tuesday January 29th, 2008

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*** Question (from e-mail):
"You keep talking about changing words and commas. Can you just quote the whole law instead of trying to translate it? We can read it for ourselves!"

*** Answer:
Yep, you can, and if you're interested then you should!
I'm not going to quote entire bills in these reports, nor entire sections of the law. They're both available online, 24/7/52. (Well, maybe 23.5/7/52!)

Go to the URL given at the bottom of this message, under "DETAILS". This is the Legislative Services website. These professionals (by which I mean, NOT politicians) do an astoundingly good job at making what the politicians do visible, and even somewhat understandable.

Follow my instructions in "DETAILS" to see the actual text of different versions of any bill, or the projected cost ("impact statement") to the Commonwealth, or any of the recorded votes; all of these links are on the screen in blue.

Other information is available from that screen also; the options are pretty self-explanatory. I'll explain just the one about which I was asked: what is the law now?

To see what the law says now, click on "Code of Virginia" on the bottom half of the screen (under "Searchable Databases"). Follow the prompts to navigate to whatever Code section interests you. For what it's worth, my most usual route is "Table of Contents", "Title 18.2", "Chapter 7", and then whichever statute I'm looking for. Your routes may vary.

This is a GREAT resource! You should use it if you're at all interested in these things -- and you SHOULD be interested, if for no other reason than that these bills are why your taxes are so high, and why your buddy got busted.

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

I also remind you that these politicians represent YOU.
If you want them to do something, then you need to tell them.
Member information is available from the site above, by clicking on "General Assembly Members". If you aren't sure who represents you, then first slap yourself on the wrist, and then go to http://legis.state.va.us/ and click on "Who's My Legislator?"

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

The House Health, Welfare and Institutions Committee met at 8:30 this morning, without me because I was too tired. The bill in which I was interested is:

SB1400, Pogge, 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.

The intent of the bill is to allow parents to know about their child's drug use. This would be a reversal of a policy decision made many years ago, which is that for some health-related matters, a minor must be free to seek help in confidence, without the knowlege of their parents. (See the bill, but briefly those matters are sex, drugs, and mental illness.) In all too many cases before this policy was adopted, minors were scared to talk to their parents, and scared to seek professional help because if they did, their parents would be informed.

The bill as originally written said that a minor would no longer be considered an adult for the purpose of consenting to a drug test unless they are already in treatment for substance abuse. Note the exquisite logic: if a minor is in treatment, he can consent to the test; if he is not already receiving treatment, he is not allowed to consent to the test which could show the extent and nature of his problem.

The original bill also would have changed the law to say that parents/guardians of the minor are allowed access to the results of any drug test, whether or not the minor is in treatment, unless there was a professional determination that this "would be reasonably likely to cause substantial harm"; even this last provisio seems to apply only if the minor is already in treatment.

Since I'm not the only one who spotted some of the flaws in the bill, a substitute version was offered. The details of this have only been online for a few hours. (It's one of the reasons I delayed this report.)

The substitute version isn't particularly better. The only change consists in relocating one sentence of new language.

Both the policy problem -- do we want kids to be afraid to seek help? -- and the practical problem of not being able to consent to be tested to see what treatment is required, if any, unless you're already in treatment, remain.

The bill will be heard in the House this week; if it passes, it will go to the Senate.

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

Senate Courts of Justice Criminal Subcommittee met around 2pm. Numerous bills, including most importantly SB88, allowing expungement of decades-old marijuana charges.

The 3rd Floor East Conference Room in the General Assembly Building boasts not the size, nor the airconditioning capacity, nor the audio systems of the larger chambers on the first floor. It's jammed, SRO, with people crowded in the hallway outside (all talking loudly, of course, so that it's very difficult to hear the proceedings). Lennice Werth from VADV is here with me, and we're waiting for the bill to come up. Have to shut down now; now accessible power, and low battery.

Well, the short version is that the Expungement bill, SB88, never came up. The patron, Senator Lucas, is also chair of a different subcommittee which was meeting at the same time, and she wan't able to break away long enough to present her bill to the subcommittee. Lennice and I sat there for a bit over three hours waiting, of course, because the first thing you learn when you do this is that, when you leave early, THEN they will take up the bill in which you're interested. Not malice (at least, very seldom), just Murphy's Law in action.

Other matters of interest:

SB3, Puller, indecent exposure.

Another bill reacting to the event described earlier in relation to a House bill, HB491. In this case, Counsel Steve Benjamin had crafted new language to replace the existing statute, which the House Courts committee had found to have some serious flaws as it's now written. I thought that it was a rather nice job, myself, but there were still problems.

After much discussion (and jokes), the bill was PBIed (killed).

SB88, Lucas, Expungement of marijuana charges.

There is a woman in a midwestern state, once a resident of Virginia, who back in '75 was convicted -- in absentia -- of possession of marijuana. Thirty years later, fully qualified, trained, and certified as a teacher, she finds that she is not allowed to teach because of that conviction. She asked the Governor for executive clemency, which was refused on the grounds that there's nothing unusual about her case.

She appealed for help, and both Senator Lucas and Delegate Morgan responded with bills that can, with a bit of modification, allow her conviction, and those of others, to be expunged. I've crafted the change needed in the bill, and when it's finally heard in committees we'll do our best to convince the members that it's a good change.

The bill wasn't heard today. It won't be easy; last year a similar bill was shot down in the Senate Courts committee because it might possibly have alowed someone to be treated as a first-offender, and then, horror of horrors, ten years later they could DO IT AGAIN!

SB175, Blevins, Sex offenders prohibited proximity to children.

Another bill to bar people on the registry of sex offenders from coming anywhere near places where children might congregate. This is a substitute version, less restrictive than the original.

It was opposed by LeeLee Lawless, whose son is now a registered sex offender for having consensual sex when he was a teenager. She made an excellent presentation or what's wrong with the way these laws are now written. (Under Virginia law, if two kids under 18 exchange emails about affair, and swap pictures -- or only invitations -- then they are BOTH guilty of child pornography, and can be forced to register as sex offenders for the rest of their lives.)

None of us heard any motions being made on the bill, but we found out later that it's going to the full Committee for action.

SB270, Deeds, Indecent exposure.

Same concept as SB3, same arguments, same treatment. PBI

SB309, Reynolds, Restricted Driver's License
SB310, Reynolds, Restricted Driver's License

These bills would allow the issuance of a restricted drver's license (to and from work, in the course of work) to people whose license had been suspended.

These recognise that a license is a virtual necessity for many jobs, and that offenders must be able to keep their jobs in order to pay their fines and support their families.

Each approved by subcommittee (SB310 after amendmendment).

SB397, Edwards, cough syrup and cold pills

Methamphetamine precursors; electronic log. Requires that the log currently required to be maintained by sellers of products containing ephedrine, pseudoephedrine, or any of their salts or isomers or any salts of isomers must be kept in electronic format. The Board of Pharmacy is required to establish and maintain the log and ensure that the log is capable of checking compliance against all state, local, and federal laws, including interfacing with other states to ensure comprehensive compliance.

Stricken from the docket at the request of the patron.

SB556, Obenshain, 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. The court must sentence the driver to 90 days in jail and suspend his driver's license for not less than six months or more than three years, although the court may suspend the penalties if the person completes 24 or more hours of community service.

Most accidents involving a motorcycle and a car are the fault of the car driver. Over and over, car drivers drive into motorcycles. Often, it's what I personally heard one idiot say, who had pulled up to a stop sign, looked both ways, then pulled out directly in front of a bike: "Yes, officer, I saw him, but it was only a motorcycle!" "Only" almost a half-ton of bike and rider, traveling at 45mph. The motorcyclist died in that incident.

The bill requires that in such cases, where a motorist violates the right-of-way of another and causes a death, the court MUST sentence the driver to at least 90 days in jail.

In spite of some dissent, the bill was approved. I had to shake Senator Obenshain's hand and thank him (a new experience for each of us).

SB678, Puckett, Drug treatment court in TAzewell County

Authorizes a special court, like many others that seem to be working well.

Approved.

The subcommittee rose around 5:30 pm, with more still to do.

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

Next significant meetings are:

House and Senate meet at noon.

2:00 p.m. Senate Courts of Justice; Senate Room A, General Assembly Building -- All the bills from today's subcommittee,
*** AND ALSO SB88, expungement.

1/2 hour after house adjourns - House Courts of Justice - Criminal Subcommittee; House Room C, General Assembly Building
DRUG BILLS nonresident pharmacies, drug-caused death
Waiver of Constitutional rights
Indecent exposure, castle doctrine, sex offenders,

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

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 January 30, 2008 | Permalink | TrackBacks (0)