HB 2274 referred to the House Appropriations Committee

HB 2274, a measure to add “wanted” information for all criminal offenses to the Sex Offender Registry, was unanimously reported from the House Subcommittee on Militia, Police and Public Safety and then referred to the House Appropriations committee.   The law currently only permits “wanted” information to be posted on the Registry if the offense for which the individual is “wanted” is failure to register (or another sex offense).

HB 1963 referred to the House Committee for Courts of Justice

HB 1963 states that if an offense, as a condition of registration, requires the victim to be a minor, mentally incapacitated, or physically helpless, that condition need not be alleged in the charging instrument for the individual to still be required to register as a sex offender.

On January 29, 2009, HB 1963 was referred from the House Committee on Militia, Police and Public Safety to the Committee for Courts of Justice.

HB 1962 is amended and sent to full House of Delegates

HB 1962 was unanimously reported to the full House of Delegates by the House Committee on Militia, Police and Public Safety on January 30, 2009.  The bill states that all court orders running contrary to current registration requirements for the Sex Offender Registry are void ab initio.

The bill was reported with one amendment, requiring police who receive such court orders to notify the chairmen of the House Committee on Courts of Justice, the House Committee on Militia, Police and Public Safety, and the Senate Committee on Courts of Justice, as well as the executive secretary to the Supreme Court of Virginia of the order.   The notification is to include the date of the order, the name of the judge issuing the order, and, to the highest extent possible, the criminal history of the individual involved.

HB 1928 moves to the full House of Delegates

HB 1928, which requires registered sex offenders to notify the Registry of any substantial appearance changes as well as Internet protocol addresses, was reported to the full House of Delegates from the House Committee on Militia, Police and Public Safety committee on January 30, 2009.

The vote was 22-0.

Subcommittee vote is unanimous in favor of HB 1898

The House Committee on Militia, Police and Public Safety reported HB 1898 to the full House of Delegates.

In order to comply with the Adam Walsh Act, HB 1898 increases registration requirements for individuals legally required to register as sex offenders.

The vote took place on January 30, 2009, and was 22-0.

No further action to be taken on HB 2361

A House Subcommittee on Militia, Police and Public Safety has recommended no further action on  HB 2361, which would have required all juveniles adjudicated delinquent for violent sex offenses to be expelled from school and registered as sex offenders.

HB 1695 Reported to full House of Delegates

HB 1695, which provides for possible arrest and vehicle impoundment for individuals caught driving without a valid license, was reported from the House Committee for Courts of Justice with a 19 -1 vote, on January 29, 2009.

MAJDC supports SB 1297 Juvenile dispositions; juvenile who has previously been adjudicated delinquent of violent felony.

The Mid-Atlantic Juvenile Defender Center supports SB 1297.

 

Allows juveniles who have previously been adjudicated delinquent of a violent juvenile felony to be confined in a detention home or other secure juvenile facility. Currently, juveniles who have such a previous adjudication are not eligible for a detention home.

 

The bill also requires the court to consider the assessment completed by the secure facility regarding the appropriateness of the placement when ordering a period of confinement that exceeds 30 days. As such, any truly dangerous juveniles would not be placed in such a facility.

 

This bill allows for judicial discretion in placing juveniles in juvenile facilities even if the juvenile has been previously convicted of a juvenile crime. Juveniles would no longer be automatically ineligible for placement in a juvenile facility on the sole basis of having been previously adjudicated.  .

 

MAJDC Supports SB 1298 Juvenile dispositions; allows court to reduce a felony to a misdemeanor after deferring disposition.

SB 1298 Juvenile dispositions; allows court to reduce a felony to a misdemeanor after deferring disposition.

 

The Mid-Atlantic Juvenile Defender Center supports SB 1298.

 

This bill gives courts the discretion to reduce a felony to a misdemeanor after deferring disposition when a juvenile was placed on probation and fulfills the terms and conditions of his probation.

 

This bill furthers the very purpose of deferred disposition – allowing a defendant (in this case a juvenile) to demonstrate to the court that they can abide by the law by successfully completing a term of probation.

 

This legislation allows a juvenile to have a felony reduced to a misdemeanor upon the successful completion of his or her probation. Giving the judge this discretion is appropriate and beneficial to not only juvenile, but to the criminal justice system.

MAJDC Opposes SB 1377 Juvenile arrest information; police and sheriff departments may release current information.

The Mid-Atlantic Juvenile Defender Center opposes SB 1377.

 

This bill allows police and sheriff departments to release current information on juvenile arrests to law-enforcement agencies in other states. Currently, these departments are allowed to release these records only to one another and to state and federal law enforcement agencies.

 

There are serious privacy concerns in allowing for the sharing of juvenile arrest records with out of state agencies. Virginia has no jurisdiction over these agencies and as such has no way of regulating what is done with the information once it is provided.