The 2009 Virginia General Assembly session has begun. As usual, there are a plethora of bills focused on sex offenders of all ages. One difference this year is that two bills actually are somewhat positive for former offenders. In addition, there are several general criminal justice bills that seek to level the playing field for various types of offenders (not sure if we’ll have time to include those or not).
Over the next few days, we will be posting several articles related to pending legislation and the SOSVA response. For now, we’re just including a list of relevant proposed bills.
While SOSVA does oppose many of these bills, we do not oppose ones related solely to offenses – as in what qualifies as an offense. We do not offer blanket opposition to laws that hold sex offenders accountable for their behavior. Where we differ with current law and most proposed legislation is in the area of eternal punishment with or without treatment. We want to always make it clear that we do not condone any type of sexual assault on a child or an adult. However, we do believe that our current laws go too far and don’t protect children, nor do they provide an appropriate level of accountability for offenders. We don’t agree that all types of sex offenses require registration.
All that being said, I encourage readers interested in tracking Virginia legislation to go to Richmond Sunlight - http://www.richmondsunlight.com and/or the Virginia Legislative Information System - http://leg1.state.va.us/lis.htm.
Please check back for our comments on some of the bills listed below.
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* HB 1843 (Griffith) - Civil commitment of sexually violent predators; changes including access to sealed records, etc.
* HB 1862 (Shannon) – Provides that any “failure to register is a Class 6 felony”. Requires the revocation of probation or parole if a person is convicted of an FTR while still on probation or parole. .
* HB 1898 (Watts) – SOR - Adds numerous changes to required registration information.
* HB 1928 (Lewis) - SOR - Adds changes to registration requirements.
* HB 1962 (Mathieson) – Removes all judicial discretion regarding registration of sex offenders.
* HB 1963 (Mathieson) - States that if an offense, as a condition of registration, requires that the victim be a minor, be physically helpless, or be mentally incapacitated, the charging instrument or order of conviction does not need to allege the age, helplessness, or incapacity of the victim.
* HB2225 (Marsden) - State Police shall publish on their website and mail to RSO’s the text of all laws affecting registrants.
* HB 2361 (Gilbert) - Requires juveniles of any age convicted of a “sexually violent” offense or homicide to register as a sex offender. Requires expulsion from school of juveniles required to register for sexually violent or homicide offenses.
* HB 2397 (Bell) - Adds a venue provision to the child porn statute that includes the jurisdiction where the unlawful act occurs or where the sexual material is produced, reproduced, found, stored, or possessed.
* HB2511 (Marsden) - State Police or DOC or Community Supervision, as applicable, shall give written notice of law changes to each offender who is required to register.
We'll be commenting on these soon, so stay tuned and get ready to write and make phone calls!!
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