Virginia Senate Approves Eliminating Employer Names from Sex Offender Registry

1-28-16 Virginia:

The General Assembly was back in session today (1/25) after taking a snow day on Friday.

The Virginia Senate passed a bill 22 to 17 that would remove a requirement that businesses who employ sex offenders have their name included in the sex offender registry. Democratic Senator Janet Howell of Northern Fairfax, the bill’s patron, says the current requirement serves as a barrier to hiring those who have served their time, and making it harder for them to get on with their lives.

Senator Tom Garrett of Buckinham says you can’t go too far to protect children.

The bill now goes to the House of Delegates. ..Source.. by Craig Carper

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Howell Bill Aims to Remove Employer Name, Address from Sex Offender Registry

See also: Sex Offender and Crimes Against Minors Registry; prohibited publication of registrant employment. (SB11)

12-29-15 Virginia:

State Sen. Janet Howell (D), who represents parts of Arlington, has proposed a bill to exclude the name and address of registered sex offenders’ employers from the publicly available registry system.

The proposed bill would amend a section of the Sex Offender and Crimes Against Minors Registry Act that deals with sharing registry information via the internet.

Howell’s bill would remove employer information from the part of the online system that’s available to the public.

Convicted sex offenders often have difficulty getting a job after being listed on the sex offender registry. Removing employer information would eliminate at least one disincentive from hiring a sex offender who has already served their time.

This is not the first time in the last five years such a bill has been proposed to the state legislature. Two previous bills also attempted to stop publishing employer information on the public online system. In 2010, the bill passed in the state Senate but was tabled in a House committee. It had less success in 2012, tabled again in a House committee without Senate consideration.

Howell didn’t introduce either of those bills, and could not be reached for comment on this year’s proposal. However, fellow local legislator Del. Patrick Hope (D-Arlington) was one of the House members who proposed the bill in 2012.

In addition to their employer’s name and address, an offender’s name, age, current address, photograph and a description of the offense they committed with the date they were convicted are available to the public via the online registry system, which is maintained by the State Police.

Virginia’s 2016 General Assembly legislative session is scheduled to last for 60 days, beginning on Jan. 13 and ending on March 12. ..Source.. by Jennifer Currier

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House OKs bill calling for public sex offender hearings

Logic is gone from VA Lawmakers. This is a great definition for a STUPID law!

(2-4-15 Original) 11-13-15 Virginia:

The House of Delegates passed a bill Tuesday (2-3-15) requiring a public hearing before a sex offender can obtain permission to be on school grounds.

Such petitions currently involve the sex offender, a judge, a commonwealth's attorney and school officials. They typically deal with an offender's request to attend school functions - such as plays and sports - for his or her children and to be allowed to drop them off at and pick them up from school.

The process works, said Mary Devoy, who rallied against the changes outlined in . It would require the petitioner to advertise the hearing in a newspaper. It would also make it open to the public, with anyone in attendance permitted to voice an opinion.

The goal is to inform the community and garner additional input, said the bill's sponsor, Del. Jeff Campbell, R-Smyth, at a hearing on the bill Jan. 19.

Devoy, an advocate for changing the state's sex offender registry, countered that it would make a "public spectacle" of offenders simply seeking to be involved in their children's education.

The bill will now cross over to the Senate for consideration. ..Source..2-4-15.. by Kathy Hieatt

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How dangerous are sex offenders on Halloween?

Here we see the police demonizing a section of society, placing them at severe risk of harm which frequently happens on Halloween, and claiming they are doing this for public safety. Whose safety, only those the police chose to keep safe; thats not public safety! The registry is not supposed to be used to highlight (Harm) folks so listed as the police here are doing; this police practice is actually a registry violation!

10-30-15 Virginia:

State and federal probation agents plan to keep a close eye this Halloween on registered sex offenders - at least those still under their supervision.

Some sex offenders living in Chesapeake, Hampton and Newport News will have to attend special meetings during prime trick-or-treating hours. Under threat of jail, others must stay indoors with their front porch lights dark while local and state police conduct random visits.

Virginia Department of Corrections officials cast the initiative - now in its 15th year - as a way to protect children from possible sexual abuse. A spokeswoman for the U.S. probation office said it's meant to "reduce risk to the children of the community on Halloween night."

Advocates for reforming the nation's laws governing sex offenders, however, decry the special meetings and home visits as a waste of resources. They cite a 2009 academic study to claim there is no evidence children are more at risk of being molested by a stranger on Halloween than on any other night.

"This is fear-mongering, plain and simple," said Mary Davye Devoy, an advocate for reforming Virginia's Sex Offender Registry. "They are addressing a risk that doesn't exist."

The director of the Moore Center for the Prevention of Child Sexual Abuse at Johns Hopkins University agrees.

"They ignore the real dangers children face," said Elizabeth Letourneau, an associate professor with the university's Bloomberg School of Public Health.

The study often referenced by Devoy and other advocates was published in the September 2009 edition of "Sexual Abuse: A Journal of Research and Treatment."

Using FBI statistics, researchers examined 67,045 nonfamily sex crimes reported between 1997 and 2005 involving children under 13. Using a day-by-day comparison, they found no significant increase in the number of children sexually assaulted by a nonfamily member on or just prior to Halloween.

"Halloween was pretty typical when compared to other days," said Jill Levenson, an associate professor of social work at Barry University in Florida who helped write the study with Letourneau.

She said about 2 out of every 1,000 Halloween crimes involved a report of a nonfamily member sexually abusing a child.

Lisa Kinney, a spokeswoman for the Virginia Department of Corrections, did not respond to calls and emails regarding the study and Devoy's complaints. Karen Redmond, the spokeswoman for the U.S. probation office, declined to comment.

Sex offenders under state supervision who live in Chesapeake, Hampton and Newport News must attend the meetings, as must sex offenders under federal supervision who live anywhere in the region. Norfolk police plan to send two officers to assist with the federal meeting.

State-supervised sex offenders who live outside those three cities will have to stay home with their porch lights off.

The state and federal government place no special Halloween restrictions on sex offenders who are not under supervision.

Levenson, Letourneau and Devoy argued local and state resources could be better spent on Halloween by having police worry less about sex offenders and more about directing traffic or cruising for speeders.

Children 5 to 14 are four times more likely to be fatally hit by a car while walking on Halloween than on any other day of the year, according to a 1997 study by the Centers for Disease Control and Prevention.

"The real risk children face is getting hit by a car," Letourneau said.

Devoy compared the "myth" of the sex offender lurking on Halloween to the "myth" of degenerates putting razor blades in candy.

"People want a bogey man," Devoy said. "They want someone to fear and hate and protect their children from, and what better person than a sex offender." ..Source.. by Scott Daugherty

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Va. father mistakenly flagged as sex offender while visiting daughter's school on her birthday

see also: Tech company blames human error by school employee for mistaken sex offender mishap

10-23-15 Virginia:

WOODBRIDGE, Va. - A Woodbridge father showed up to his daughter's elementary school to surprise her for her birthday. However, for 8-year-old Aniya Williams, it’s a birthday she will remember, but for all the wrong reasons.

“I started passing out cupcakes, doing all the meet and greets and then I see three officers come in,” said Aniya’s father, Justin. “I didn't know what was going on. They approached me [and said], ‘Are you the sexual offender?’ I'm like, ‘Whoa, what are you talking about?’”

Justin Williams said the mix-up happened in the middle of River Oaks Elementary School's cafeteria.

Prince William County police arrived at the school after Williams showed identification to a school employee and his name produced an alert.“Then they said, ‘You're the sexual offender from Washington State,’” Williams explained to FOX 5. “I've never been to Washington state.

I said, ‘Can we step outside? There's a lot of kids right here.'"The conversation between Williams and police moved to the hallway.“I gave them my ID, name came back clear,” said Williams.

“They were looking for Justin L. Williams. My name is Justin Benjamin Williams. He's 6'1,” 250 [pounds]. I'm 5'6,” maybe 190 [pounds].”Aniya’s father said he was detained for more than an hour by county and then state police and the surprise birthday celebration was ruined.

“My kids are in the school crying,” said Williams. “All the other kids [are wondering], What's happening? What did your daddy do? Is he a murderer? What did he do?’ Embarrassing my kids, humiliating me.”

Prince William County police say they were contacted by the school, responded and it was determined Williams is not a registered sex offender.

A Prince William County Public Schools spokesperson said, "It appears that a computer system in place to protect our students inaccurately flagged a parent as possible offender.

Police were called and reportedly asked the parent to talk with them. The error was quickly found, but unfortunately not before the incident upset the student."

“I would like to see some type of justice,” said Aniya’s grandfather, Justin Jr. “If he got humiliated in public at the school, maybe there should be an apology in public just to clear it with her classmates and the staff and administration.

”The school district spokesperson said, "We deeply regret that this happened and will be investigating the situation to make sure it does not happen again.

The principal immediately apologized to the family, and I echo that apology on behalf of Prince William County Public Schools.

”The spokesperson goes on to say, "We regret that the family had this experience and hope they will understand that it began with a system in place to safeguard our students.

"That system is now part of the investigation as administrators determine what went wrong. Police say they have a right to detain someone until it is deemed that it is not a criminal matter. ..Source.. by Tisha Lewis

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License plate reader led police to man who killed reporter, cameraman

8-28-15 Virginia:

"As soon as it was entered, it came up with a positive hit."

The man who authorities said infamously killed two Virginia television journalists Wednesday was tracked down by police via license plate reader technology, according to law enforcement.

A Virginia state trooper told a news conference Wednesday that she hit Vester Lee Flanagan's plate number on her first try along Interstate 66 around 11:20am ET. "As soon as it was entered, it came up with a positive hit that that vehicle just passed me less than three minutes earlier," she said. "I let my dispatch know that the vehicle has passed me and I attempted to catch up with the vehicle, which was travelling eastbound on 66."

Moments later, police tried to stop the Chevrolet the man was driving. The vehicle drove off the road and crashed, and Flanagan, who also went by Bryce Williams, was discovered to have shot himself. He later died of his self-inflicted injuries.

"License plate readers are a great tool," said Sgt. Rick Garletts of the Virginia State Police. "It helped in that case to identify that vehicle."

WDBJ-TV journalists Alison Parker and Adam Ward were gunned down Wednesday on live TV. ..Continued.. by David Kravets

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Sex offenders who have kids put schools in awkward spot

This reporter ought to check story facts before publishing them. Mary Devoy IS NOT "Executive Director o Reform Sex Offender Laws of Virginia" a defunct organization. Are other facts correct?

7-26-15 Virginia:

Bayside Middle School administrators banned the father of a student this past school year after learning he had pleaded guilty a decade earlier to having sex with a 14-year-old when he was 21.

State law prohibits violent sex offenders - the father's crime fits the definition - from going on school property without a court order. Even then, the law gives school officials the final say.

The father obtained his court order. He then appealed up the school system's channels, and it eventually signed off on letting him enter the school with restrictions.

His isn't a unique case. Among the division's 82 schools, principals ban about four sex-offender parents per year, usually after other parents alert school officials, Deputy City Attorney Kamala Lannetti said.

A handful of those, like this father, are allowed back on campus with restrictions based on the nature of their crimes, she said. For example, he is not allowed to chaperone field trips or eat lunch with his children.

Because sex-offender bans come at the discretion of individual schools, division officials said they couldn't provide exact figures on bans and appeals.

Still, the process reveals the often tricky balance divisions must strike between parental rights and public safety.

"Ultimately, we're looking to do what's best for the students," said Shirann Lewis, director of elementary schools, one of three division officials who review appeals.

The court order offenders have to obtain removes any sentencing restrictions preventing them from being on school property. Once that happens, the division reviews the case and makes a decision on whether to overturn the ban. Other South Hampton Roads divisions have similar policies.

Dropping the ban means creating terms that allow the parents to do things like attend events, participate in parent-teacher conferences and pick up their children from school; lifting it also entails making sure they're not left alone with other students, officials said.

That was part of what got the Bayside parent, now a father of four, in trouble in November 2004. To avoid identifying his children, The Pilot is not naming him.

He met a 14-year-old cheerleader while he was coaching youth football, according to court records. He took the victim to a motel, prosecutors said.

The parent later pleaded guilty to felony counts of carnal knowledge of a child between the ages of 13 and 15, and he was sentenced to five years in prison.

"Given the seriousness of your conviction and the potential threat you pose to students, you are prohibited from entering all Virginia Beach City Public School properties," Principal Paula Johnson wrote in her Nov. 13 ban letter.

The father's argument to school officials: His crime happened a long time ago, and he wanted to be a responsible father, said his attorney, Kevin Martingayle.

"Everyone wants to focus on the worst-case scenario, and what they don't stop to think about is whether there are unintended consequences of keeping him away from his kids," Martingayle said.

While the Bayside father was allowed on school property, many people have reservations about such a decision. State lawmakers recently made the appeals process trickier.

As of July 1, state law requires that offenders trying to gain access to schools buy an advertisement in a local newspaper alerting the public that they plan to petition the court. Also, members of the public now may submit testimony.

Some say the law will reduce the number of parents petitioning the court to regain access.

"How many parents are going to be willing to humiliate their children by publicizing their situation in the newspaper?" asked Mary Devoy, executive director of Reform Sex Offender Laws of Virginia.

The law differs slightly from obstacles lawmakers typically throw at sex offenders, said Wesley Jennings, an associate professor of criminology at the University of South Florida.

"It looks to me like something designed to create moral panic and grossly inflate people's concerns," he said.

Sex offenders in the category of the Bayside parent typically experience among the lowest rates of recidivism, perhaps as low as 5 percent, said Jason Rydberg, associate professor of criminology and justice studies at the University of Massachusetts, Lowell.

That is part of what schools and courts must consider when deciding whether to allow a sex offender onto school property, he said.

"The major misconception with sex offenders is that they're all cut from the same cloth," he said, "and that just isn't the case." ..Source.. by Matt McKinney

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Mary Devoy: Has Virginia's sex offender registry kept us safe?

Further proof that Lawmakers want only what keeps them in office..

7-6-15 Virginia:

Recently, Gov. Terry McAuliffe set up an independent commission to look at the 20 years since parole was abolished and determine whether it should be revived. "It's time to review whether that makes sense," he said during a radio appearance. "Is it keeping our citizens safe? Is it a reasonable, good, cost-effective way? Are we rehabilitating folks?" he asked. "Are sentences too long for nonviolent offenses? Are we keeping people in prison too long?"

All great questions!

But almost immediately some state lawmakers spun the governor's order into a fear-mongering, the-sky-is-falling, political issue. A program that claimed it would better protect society has been in place for 20 years. We owe it to our citizens to see whether it has done what was promised, is cost effective, whether justice is being served or reforms are needed.

That's the work of a state that leads: It establishes accountability, checks and balances.

The Virginia legislature had an opportunity this year to do so with another 20-year-old law that needs an accountability check, and it refused.

Sen. Emmett Hanger's bill, SJ282, would have studied the data on the Virginia Sex Offender Registry and considered possible reforms.

The General Assembly refused to even debate the bill.

In 2011, lawmakers instructed the Virginia State Crime Commission to study data on the registry, and many other laws, and determine if reforms were needed.

The commission said there wasn't enough data to reach conclusions about the registry.

Based on the past 20 years of research, however, the following reforms are well supported:

n Create a three-tiered classification system based on risk rather than a two-tiered system based on convictions.

n Require registry only for felony offenses.

n List the lowest level of offenders - and juveniles - on a private, authorized-users-only registry.

n Remove the names of low-level offenders and juveniles who have not committed another crime after 10 years.

n Allow mid-level offenders to petition for removal in 15 to 20 years.

n Set re-registration on the same date every year and notify offenders of those dates. That would eliminate the high costs of printing and mailing certified letters to every offender as many as four times a year.

n Establish an electronic registration system for offenders to update email addresses, residential, employment or vehicle information.

Lawmakers did not oppose McAuliffe's commissions on campus sexual assault or prescription drug and heroin abuse, so why would they fear a parole review commission?

The governor understood that evaluating truth in sentencing is the way to keep Virginia safe.

Why not look at the effectiveness of the sex offender registry and see whether it has done the same? Look at the vast categories of offenders the law covers, as well as the restrictions placed on them.

For the past seven years I have fought the myths, hype and fear that drove the registry's creation.

If we have the courage to find the facts, we may conclude we were duped 20 years ago by political hyperbole. If data show the registry hasn't improved safety, wouldn't it be better to know that and make it better? ..Source.. by Mary Davye Devoy, an advocate for reform of Virginia's Sex Offender Registry and laws, lives in Mechanicsville.

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Virginia 14-Year-Old Accused of Kik App Child Porn Scheme

3-15-15 Virginia:

A 14-year-old Fairfax boy is accused of creating a contest to generate child pornography.

The juvenile allegedly masterminded the disturbing scheme through the popular social app Kik, which boasts more than 200 million users who can share messages, photos and videos with made-up screen names.

“We talk to kids now and they say, 'Well my parents are on Facebook so we’re not using Facebook anymore.' And Kik is now what they’re using,” said Lt. James Bacon of Fairfax County Police’s Child Exploitation Unit.

Bacon follows the social trends and says Kik has become increasingly popular among young teens. "A predator is the fisherman, and Kik right now is the pond that’s stocked with all the fish,” he said.

A search warrant revealed a recent case involving the app.

A detective in Tempe, Arizona, began investigating a 12-year-old in that jurisdiction who had submitted nude images to the screen name “AAAproductions” on Kik.

“AAAproductions" claimed to offer the chance to win $30,000 for child pornography.

Police traced the IP address to a home in a Fairfax City neighborhood. ..Continued.. by David Culver

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Va. House backs state subpoenas to combat child porn

2-25-15 Virginia:

By a 97-1 vote, the House of Delegates on Wednesday passed a Senate measure allowing the state to issue administrative subpoenas - which may be sealed if necessary - to obtain records from computer service service providers as part of child pornography, abduction and prostitution crime investigations.

"We've prosecuted or investigated hundreds of these cases and nearly all of them start with an administrative subpoena to find out who is distributing or producing the child pornography and to direct the investigation," said Michael Kelly, spokesman for the Attorney General's Office, the driving force behind Senate Bill 919.

Kelly said some Internet companies alert customers when a subpoena comes in, allowing the person distributing the material to destroy the evidence or flee.

"We wrote (the measure), ran it by the governor's Cyber Security Commission, and worked with the legislators to make sure they understood it and were comfortable with it," Kelly said.

Del. Robert G. Marshall, R-Prince William, unsuccessfully asked the House to amend the measure to include that a judge sign off on such subpoenas.

"I can't think of a punishment adequate enough to these sort of crimes. But it is our job to protect the Constitution," said Marshall, asserting that the legislation violated the Fourth Amendment, which protects Americans against unreasonable searches and seizures.

But Del. Jackson H. Miller, R-Manassas, said the measure is constitutional, "and it protects children and helps put away some of these scumbags" suspected of child pornography crimes.

Lawmakers asked the House pages to leave the chamber as lawmakers debated the proposal, which included discussion in graphic detail of sex crimes involving children. ..Source.. by MARKUS SCHMIDT

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VA House, Senate seek balance on campus assault bills

See Also: House approves day care regs, nearly 200 other bills

2-10-2015 Virginia:

The Virginia House and Senate each passed a series of reforms Tuesday that are meant to fight on-campus sexual assaults.

Key to the debate is just how campus officials and police proceed when a victim talks to professors or other campus officials about an attack but doesn't necessarily want her name known to police. While therapists and some others are allowed to keep those reports to themselves, faculty and administrators are expected to send them up the chain of command.

The new legislation would create teams of campus and police officials. These teams would review cases without the victim's name at first, running a background check on the alleged assailant.

Among other things, they'd see if he's a potential repeat offender.

At some point under the still-evolving bills it would be up to a university's Title IX Coordinator – a federally required position on campus – to decide whether the public's need for investigation outweighs a victim's desire for secrecy.

Legislators have been back and forth over how to strike this balance, and the House and Senate versions of this legislation handle some things differently. The two sides will have to negotiate away those differences to send a final bill to the governor.

Neither bill would take away a commonwealth's attorney's power to decide whether to prosecute, nor a victim's right to decide whether to testify.

The House proposal is in House Bill 1930, which passed the chamber Tuesday 97-3. The Senate has Senate Bill 712, which passed that chamber unanimously on Tuesday.

A number of other bills passed Tuesday on this issue, including legislation that would require campus police to inform their local commonwealth's attorney of a sexual assault investigation within 48 hours.

Bills in both chambers would also require colleges and universities to provide victims with confidential counseling from a local crisis center or other victim's advocate, including counseling on legal options.

Senate Bill 1193, from state Sen. Thomas K. "Tommy" Norment, would require "a prominent notation" on student transcripts when students are suspended or kicked out over a reported sex offense, or if they drop out during a campus inquiry.

The idea is to keep violent students from transferring to a new school without the school knowing their past.

Schools must also come up with a procedure to remove the notation if it later discovers the student didn't violate campus rules. This bill also passed the Senate unanimously.

There appears to be support for such a measure in the House, but it hasn't cleared the chamber.

Some, including Del. Rick Morris, R-Carrollton, have expressed concerns about these notations. They're not decided in a court of law, but by student judiciaries or campus administrators, and the accused doesn't have the same rights there as he would in the courts system. ..Source.. by Fain can be reached by phone at 757-525-1759

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ACTION ALERT: POLL on question: Should sex offenders be allowed to visit their own child at school?

I see no logical reason to stop sex offender parents access to their OWN children while other parents can access their OWN children! And other parents should NOT have any say in stopping sex offender parents from seeing their OWN children.. Please answer the POLL... POLL is over..

2-3-2015 Virginia:

RICHMOND, Va. — Virginia lawmakers will consider a measure Tuesday that will affect parents and their children. House Bill 1366 would change state guidelines pertaining to sex offenders on school property. The measure is aimed at limiting school access for parents who are sex offenders and want to visit their child’s school.

Under current state law, registered sex offenders are allowed on school campuses if their children goes to the school and their visit is cleared with the school superintendent. However, a bill introduced by Delegate Jeff Campbell (R-Marion) would change that.

Under Campbell’s bill, other parents with children at the school would be allowed to weigh in on whether or not registered sex offenders [Parents} would have access to their children while on school grounds. Campbell’s bill would require all sex offenders to have a hearing before being granted access to schools.

Under the proposed bill, registered sex offenders would have to use their own money to place an ad in the local newspaper publicizing a hearing date. Once the ad runs for two weeks, anyone could attend the hearing and testify against the registered sex offender. A judge would hear the arguments and rule on whether the parent would have access to the school.

The House Courts of Justice committee passed the bill with an unanimous vote. The full House of Delegates is expected to vote on the bill Tuesday. This is a developing story. ..POLL is HERE.. by Jasmine Norwood

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Capitol showdown centers on sex offenders Monday

It is impossible to write a general brochure that will cover the specific facts of thousands of persons required to register. Clearly the brochure's purpose is to absolve the state of wrongdoing every if the brochure doesn't cover the facts of a specific registrant!

2-2-2015 Virginia:

RICHMOND, VA (WWBT) - It's a Monday showdown set for the State Capitol concerning sex offenders. A new bill takes on what happens if a sex offender fails to register – if the offender does not receive instructional brochures or information after prison.

Can sex offenders say they did not register, because they did not get a step-by-step brochure? Senate Bill 1374 says, don't blame the brochure, blame yourself.

The bill affects 21,000 people on Virginia's sex offender registry, in addition to the countless families who live near the offenders.

State Senator Dave Marsden (D-Fairfax) is the new bill's patron, and said in a phone interview Sunday sex offenders can't cry foul, if they don't get a brochure on how to register.

“All this bill does is make sure that you cannot use, not getting the brochure as a defense against any violation of the rule,” Marsden said.

Critics say the bill clears the government of any blame - if information or brochures are not distributed properly. Opponents say fault is then placed on the sex offender.

“If [offenders] genuinely don't know they have a duty to register, they can't be found guilty of failing to register,” said NBC12 Legal Analyst Steve Benjamin in an interview Sunday.

“We'd like to send out pamphlets to help people understand. But if you don't get yours, don't go thinking that's a defense,” Benjamin continued. “If you knew you had a duty to register, and you don't, well you can be prosecuted.”

Testimony on the bill will be heard by the Senate Courts of Justice Committee, Feb. 2 at 8 a.m. ..Source.. by Mike Valerio

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ACLU questions new sex offender bill

These lawmakers are out of their minds: a Public Court Hearing to pick up one's own children at school or if they get sick, who picks them up while waiting for the public hearing? Insanity!

See Also: Man labeled "violent sex offender" challenges registry system

1-21-2015 Virginia:

VIRGINIA (WAVY) — Their faces and address are already public, now one Virginia lawmaker wants registered sex offenders to face public hearings before going inside schools.

To have access to Virginia public schools, House Bill 1366 would require violent sex offenders to pay for a newspaper ad publicizing a personal court hearing. It would run once a week for two weeks. Then anyone could attend the hearing and testify against them.

The bills author, Delegate Jeff Campbell, says it’s about safety, but the ACLU says it crosses the line of civil rights.

“The public hearing is simply an invitation for an angry mob to gather at a school and get in the way of a parent’s right to be involved in the education of his or her child,” said ACLU of Virginia’s Executive Director Claire Gastanaga.

Gastanaga said there is no real proof that registries and restrictions like this keep kids safer. He said the most direct impact of the bill would be on parents with kids in school who want to go and meet with the kids’ teachers.

Delegate Campbell disagrees: “I disagree totally, what it does is it gives parents of the other children a say in who is around their children.”

The ACLU is also concerned that paying for the ad would be hardship. 10 On Your Side checked with the Virginian-Pilot. They could not quote us on an ad without exact wording, but said it costs $8.11 per line, per day.

That is an acceptable amount, according to Delegate Campbell: “The public’s right to know who is around their children and to have a say in whether they agree in that or not trumps that individual’s right to free access to the school,” he said.

Currently, sex offenders must inform school superintendents before they go inside a Virginia school.

Delegate Campbell said there was an incident last year in Wise County where a parent did that and got permission to attend sporting events, but then started showing up to school at other times. Parents got upset and that is the reason for his bill.

A subcommittee unanimously passed the bill on Monday, but there is no set date yet for it to go before the full committee. ..Source.. by Stephanie Harris

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VIRGINIA ACLU: New sex offender bill 'invitation to throw stones'

Only a idiot would want a public hearing to approve someone picking up their own children! But here it is in Virginia. So the guy who has threatened folks with a gun, he is OK to walk in, but not someone who has committed a sex offense like years ago. The logic is? It gets worse see above...

1-20-2015 Virginia:

Does new legislation to keep sex offenders from visiting your child's school go too far? A new bill would require registered sex offenders to have public hearings before gaining access to Virginia schools.

"And I understand the concern about this," said Delegate Jeff Campbell. "But it's really not an attack on the sex offender themselves."

Delegate Campbell is introducing the bill. He has school-age children of his own. "And I certainly would like to know who is being granted access to these public school systems," said Delegate Campbell.

HB1366 would require registered sex offenders to advertise their personal public hearing in the newspaper for 2 weeks. Anyone attending the hearing could testify against the request to gain access to the school. Some civil rights groups are already coming out against the bill saying it could lead to angry mobs.

"It's essentially an invitation to throw stones." said Claire Gastañaga with the ACLU of Virginia. "Having a public hearing before you can go to visit your child's teacher? Tell me what's that supposed to accomplish? I don't see what it accomplishes other than inviting an angry mob into the school."

Delegate Campbell disagrees with that assessment.

"It is certainly not going to prohibit the offender from being able to petition the court and gain access," said Delegate Campbell.

HB1366 unanimously passed subcommittee Monday. Stay with NBC12 for updates on this story. ..Source.. by Chris Thomas

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Bill: Add to Virginia's sex offender registry

No doubt ex post facto. Clearly a hate bill. No logical purpose for this proposal.

1-19-2015 Virginia:

Sex offenders from decades ago, who committed their crimes before the state’s registry was created in 1994, would have their names added to a registry supplement under legislation that advanced Monday.

Senate Bill 1074 would require state police to comb through local court records, primarily for sex offenses committed against children. They would add names to a separate, but publicly searchable, list covering offenses between 1980 and 1994.

State senators, who passed this bill through committee Monday, heard from a man who said he was molested as a child, but didn’t report it until he grew up and had children of his own. He said he discovered his attacker, a T-ball coach, had sodomized another child years before his own encounter.

He tracked the man down and discovered him living next to Demaree McKinney and his family. McKinney said the man didn’t harm his children, but he was appalled. His wife had specifically searched the state’s registry, he said. “We thought we were safe,” McKinney said.

The bill cleared the Senate Courts of Justice Committee easily, but it heads to the Senate Finance Committee so its fiscal impact can be assessed.

Mary Devoy, an activist pushing for sex offense registry reforms, spoke against the bill. She said the wider database would subject more people to the confusion of mistaken identities. She also said that similar efforts to widen these lists in other states have run into legal challenges because the law was changed ex post facto – that is, after the offense. ..Source.. by Travis Fain

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Morrissey, in midst of six-month jail term, wins special election to Virginia House

1-14-2015 Virginia:

RICHMOND — Joseph D. Morrissey was reelected Tuesday to the House of Delegates, opening another chapter in a made-for-TV-movie-style drama likely to captivate the General Assembly session starting Wednesday.

Running as an independent, Morrissey defeated Democrat Kevin Sullivan and Republican Matt Walton. The heavily Democratic district mostly spans the Richmond suburb of Henrico County.

With all precincts reporting, Morrissey won 42 percent of the vote, Sullivan 33 percent and Walton 24 percent, according to unofficial results.

Sullivan quickly conceded after the results posted online: “I’m very proud of the campaign we put together in such a short time frame. We met tons of voters who are dissatisfied in their representation and ready for effective leadership in the State House. I look forward to continuing my work on improving the lives of working class families.”

Voters were apparently unmoved by Morrissey’s plea last month on a misdemeanor charge of contributing to the delinquency of a minor, which stemmed from his relationship with a 17-year-old receptionist at his law office. The 57-year-old lawmaker maintained his innocence while entering a guilty plea to avoid a possible conviction on felony charges.

He also resigned from office, but he then immediately vowed to run for the seat in the special election to replace him.

Morrissey’s hurdles are far from over.

Republican and Democratic leaders quickly indicated they are considering all options, including beginning the process to expel or censure him as early as Wednesday when the legislature convenes in Richmond for a six-week session.

House of Delegates Speaker William J. Howell (R-Stafford) said he and Democratic leaders will look to the state Constitution and House rules to guide their next steps.

In a statement, Howell said: “Mr. Morrissey’s election tonight does not change the fact that his actions fall grievously short of the standards of a public servant in the House of Delegates. As Speaker, I have an obligation to faithfully and impartially discharge my duties as presiding officer and a responsibility to protect the honor and integrity of the House of Delegates as an institution. There are a number of options available to the body to address questions of conduct regarding its members.”

Echoing Howell, House Minority Leader David J. Toscano (D-Charlottesville) and Democratic Caucus Chairman Scott A. Surovell (D-Fairfax) distanced themselves from Morrissey and denounced his actions.

“Joe Morrissey chose to run as an Independent; he is not a member of the Democratic Party, nor is he a member of the House Democratic Caucus. His conviction and actions over the past two months were reprehensible, and we will be exploring every avenue in regard to his status as a member of the House of Delegates,” they said in a statement.

Morrissey is scheduled to be sworn in Wednesday. His law partner, Paul Goldman, said he notified Morrissey of his win in a phone call. “This is a victory for the people,” Goldman said. “The people have spoken. This is our system. Joe respected the voters. He treated them with respect.”

If lawmakers move to oust Morrissey, a new spectacle could unfold involving public hearings rehashing the sordid details that landed Morrissey behind bars.

Any action against Morrissey also would put his House colleagues — many of whom strenuously called for him to resign altogether — in the uncomfortable position of thwarting the will of the electorate to keep him out of Virginia's decorum-bound General Assembly.

Like all legislation, the process to expel or censure a delegate begins with the filing of a resolution, which would be referred to one of several committees or a select committee created for this purpose. The committee would hold hearings before sending its recommendation to the full body. Two-thirds of delegates are needed to expel; a simple majority is required to censure.

If Morrissey is expelled, yet another special election could be called — and he could run again if he chooses. In the case of a censure, lawmakers could strip Morrissey’s committee assignments, keep him from serving on boards and commissions or suspend his floor privileges.

By resigning, even though he was reelected Tuesday, Morrissey has already lost his seniority as well as his office space and plum seat on the House floor.

After entering his guilty plea last month, Morrissey was sentenced to six months in jail. He was accepted into the work-release program, allowing him to leave jail for up to 12 hours a day for campaign activity or to work at his law practice.

The work-release program also reduces Morrissey’s sentence to 90 days.

Henrico County Sheriff Michael Wade said Morrissey has typically left the jail at 7:30 a.m. and returned at 7:30 p.m., but for election day, he requested a slightly later schedule, starting at 8 a.m. — meaning results weren’t even final when he was required to report back to jail for the night.

Wade said Morrissey returned to jail — while doing a television interview on the way in — six or seven minutes late. “I’m taking a half an hour of his time away from him tomorrow morning,” Wade said.

Morrissey has been allowed to drive his car, which was outfitted with a GPS device to track his movements. The procedure will continue during the session but with accommodations for the General Assembly’s unpredictable schedule, which often finds lawmakers deliberating late into the night.

“His job is different, but we’ve had plumbers and electricians and people like that that are jailed who have to tell me where they’re going everyday. It’s just that he’s a politician,” Wade said.

Morrissey has a cell to himself at Henrico County’s Regional Jail East in New Kent County, which houses work-release inmates. A common day room is equipped with a television, Wade said.

Prosecutors said that in addition to the affair, Morrissey also shared a naked photograph of the young woman while she was underage.

Morrissey and the woman have both denied the charges, claiming that her jealous ex-girlfriend hacked into their phones and sent a series of salacious text messages.

The scandal grew in the final frenzied days of the campaign.

Henrico County police signaled that another investigation was underway Monday when they seized computers from Morrissey’s law office. In a search warrant filed in Circuit Court, police allege that a child support agreement that Morrissey had entered as evidence in his criminal case was forged.

That agreement involves the woman and her father, not the teenager’s own child. According to the papers, her father agreed to pay her $50 a week. He is now saying he never signed that agreement, and police say it is a “forged and fraudulent document.”

The development suggests that Morrissey’s legal troubles may continue.

The woman, now 18 and pregnant, in a radio interview Monday denied having a sexual relationship with Morrissey. She declined to identify the father of her child, which prosecutors have said is “perhaps” Morrissey’s.

“The truth will come out,” she said, “and I’m looking forward to that day when that does happen.” ..Source.. by Jenna Portnoy

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Focus of Va. bill: requiring campus officials to report college sex assaults to prosecutors

1-13-2015 Virginia:

RICHMOND, Virginia — Campus police would be required to report sexual assaults to their local prosecutors within 48 hours after an investigation begins under a proposal Virginia lawmakers will consider this year.

Del. Eileen Filler-Corn, a Democrat from Springfield, is sponsoring the measure. She's planning a news conference in Richmond on Tuesday to rally support for her bill. The proposal follows increased scrutiny over the way colleges handle sexual assaults.

Filler-Corn says victims' advocates, law enforcement and prosecutors will be on hand to urge passage of the bill.

The bill would only apply to sexual assaults on property owned or controlled by colleges. At some colleges, that could exclude privately owned fraternity houses. ..Source.. by Daily Journal.net

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Teen Sexting: An In-Depth Look at the Trend

11-28-2014 Virginia:

Young love is leading to teenagers to commit serious crimes, but most of them do not face serious consequences. Boyfriends and girlfriends are sexting each other – sending sexually explicit photos, images, text messages, or emails via cellphone or mobile devices - and every time they do, they break child pornography laws. Those laws can carry hefty prison sentences, but in most cases, police and prosecutors do not charge them.

Teen sexting makes most parents shudder at the idea. A 14-year-old taking naked pictures and then electronically sharing the image is illegal, but they do it. In this special report, NBC29's Sharon Gregory examined the trend and a case of sexting in Louisa County so big it got the attention of the Virginia State Crime Commission.

Sexually explicit images flood the airwaves and not just to adults either. “Like you need to be like those girls in the Victoria Secret model, you need to look like them,” said 18-year-old Taylor Bauman.

Teenagers are bombarded with the stuff so it's no surprise; they're starring in their own photo shoots. “I know of people that have sent pictures, but I don't think that's when you first think of like ‘oh, you were sexting,'" 17-year-old Lauren Kohler said.

Some say it's just the high tech version of you show me yours, I'll show you mine. “You'll find naked women on a cave wall from old cave men, you know because they didn't have a cellphone and they didn't have a Polaroid,” said Louisa County Sheriff's Chief Deputy Major Donald Lowe.

In April of 2014, a mom in Louisa County called Major Donald Lowe because somebody posted a nude photo of her daughter to Instagram. Lowe went to the school to investigate. All totaled they found more than a 100 instances of sexting by minors - some shared between boyfriend and girlfriend - others shared online.

“We thought it was an isolated case and then when we started digging into it, finding out this is not so isolated,” Major Lowe said.

The Louisa case drew so much attention, the state crime commission made note of it in an October 2014 report on sexting saying "over 1,000 images of underage teenagers had been posted on Instagram accounts.”

Dr. Locke-Downer counsels teens, and understands why they get caught up in the moment. “You've got the onset of puberty, and hormones raging.” she stated. “And then in terms of brain development, the frontal lobe does not fully develop until we're in our early 20s and the frontal lobe controls things like decision making, reasoning, impulse control.”

Detective Mike Wells investigates sexting cases in Albemarle County schools, and he knows the impulse control problem. “I had a middle school kid one time, at Walton Middle School, put a picture of himself, a nude photo of himself, online and before I could have it removed from one site it had been viewed 150,000 times,” he stated.

Technically, that middle school child distributed child pornography, a crime that carries a hefty punishment. But these are children, and juvenile court, as opposed to adult court, has a directive to rehabilitate, not to punish.

Albemarle County Deputy Commonwealth's Attorney Darby Lowe says most teens keep it to themselves but when they don't, the law steps in. “What we're trying to do ultimately which is to discourage sexting and to protect the kid. The kids who are involved, they don't realize how those photographs can continue to live on and on in cyberspace,” he stated.

Which is why the commonwealth's attorney, police, and the schools teamed up for seminars to educate students.

“Making a stupid mistake can get you a felony, it's like really, it's shock factor, yeah,” said 15-year-old Kai Milner.

“Then they get embarrassed because now people that they don't want to know, you know, what they were doing, now know,” Major Lowe stated.

"For myself or like for anyone else who's doing it, you have to realize this is kind of a humiliating thing, like it's embarrassing and once that gets out, your life is ruined. It's pretty much social suicide,” said Lauren Kohler.

They're young, impressionable, and love their technology, but these teens know sexting has a dark side.

“It's the same thing as being like, ‘oh you need to have this drink to fit in at this party, like you need to drink oh, drink, drink, drink.' It's the same thing as saying ‘oh send me those pictures, send me those pictures, I really want those pictures. I really want you to drink,'” said Bauman.

Peer pressure fuels what lots of teens consider the 21st Century flirt.

“The scam part of it that really just infuriates a lot of us is that you'll have somebody that's talking to a teenage girl. ‘You're so pretty, you're so beautiful, you're so sexy. Come one, just show me a little bit,'” said Major Lowe. “But as soon as that picture is received by that person asking for it she becomes a ho. She's not beautiful, she's not a model you know, she's a ho.”

In fact, the Instagram account used to show the images that got out in Louisa used a special hashtag: THOT for ‘That Ho Over There.'

Once Lowe investigated, he found more than 100 teens involved in sexting. Even though every teen thought their sext would be private, some images got out.

“The people that we were really after were the people that started the Instagram site,” Lowe stated.

But they hid under online anonymity, and the Sheriff's Office never charged anyone in the case. “We didn't find anything that was unconsensual,” Lowe said.

Still, the case got the attention of the national magazine, The Atlantic, and drew focus from the Virginia State Crime Commission. An October 2014 report states: “sexting behavior by juveniles frequently meets the statutory definitions of child pornography.”

The possible penalties are very severe for behavior that many teenagers view as flirting or not a big deal. For consensual sharing, the recommendation is a reduced sentence, unless, somebody sends the picture into cyberspace.

“And that's called secondary dissemination and it's the secondary dissemination that law enforcement and prosecution is looking at, because that's when it goes beyond a consensual exchange of a photo,” Lowe said.

And can garner serious consequences, “You get charged for child pornography, either possession or distribution of child pornography,” said Milner.

“I mean it's going to stay with you forever. Like it might, even if it's not to your peers, if you're trying to get a job, like into college - it can research that kind of stuff,” Kohler stated.

“They don't really understand fully what they're doing but once you tie in that whole 'what you're doing is illegal,' that kind of adds a whole other level,” Taylor said.

So even though some teens say sexting is just the 21st Century flirt, the reality is they're underage, and that's flirting with the law. ..Source.. by NBC29.com

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Virginia revisits penalties for teen sexting

10-27-2014 Virginia:

Should teenagers who exchange sexually explicit messages and photos face the same punishment as adults charged with producing and distributing child pornography?

The Virginia State Crime Commission is revisiting the teen sexting issue and may again consider legislation that would lessen penalties — primarily intended for pornographers — in consensual cases involving suspects who are minors.

Virginia law makes no distinction between adult predators producing and distributing child pornography and minors taking sexually suggestive photos of themselves and sending them to friends over their cellphones.

If tried as an adult, someone younger than 15 who takes a lewd picture of himself or herself could be committing a felony punishable by a prison term of five to 30 years and a place on the state sex offender registry. Even possession of such photos is a felony and, if the recipient passes it on or simply shows it on his or her phone to another person, it could be considered distribution of child pornography punishable by a term of five to 20 years.

It has been left up to authorities to use discretion in prosecuting such cases. The state crime commission took up the issue in 2009 but declined to endorse legislation changing current law out of concern it might provide loopholes that predators could slip through.

But sexting continues in Virginia and across the country. Earlier this year in the city of Manassas, a teenage sexting suspect was the subject of a search warrant so his genitals could be photographed by authorities. In the end, authorities backed off.

In February, a 16-year-old was charged in James City County after she tweeted a nude photo of herself. And in April, authorities in Louisa County discovered a central Virginia sexting ring said to involve more than 100 teens.

At the crime commission meeting last week, the panel’s staff reported on some proposals under consideration by the Virginia Criminal Justice Conference.

Jay Paul, the Prince George County commonwealth’s attorney and co-chairman of the justice conference, said the proposals are works in progress and may change as the crime commission, commonwealth’s attorneys, defense attorneys and others from around the state weigh in with suggestions. The justice conference consists of prosecutors, lawyers, judges and others who attempt to reach substantial consensus on proposals for improvements in the criminal justice system.

A subcommittee, which Paul chairs, has been studying sexting for three years. It decided last month that any sexting activity risks harm and that the state should not completely decriminalize it.

But the subcommittee and full conference agreed that taking a lewd photo of oneself without anyone else in the photo is the least serious form of juvenile sexting and one that might be more appropriately handled as a misdemeanor instead of a felony.

Also perhaps better handled as misdemeanors are cases where a minor possessing such an image is no more than four years older than all juveniles in the image, and cases where the possession of the image is with the consent of everyone in the photo.

Such misdemeanors would not place someone on the sex offender registry.

The justice conference recommended that there be a first-offender provision under which the charge would be dropped if the defendant successfully completes a treatment or education program, 10 to 100 hours of community service, and any other conditions the court orders.

After a presentation from the staff, some commission members expressed concerns about the justice conference proposals — such as the four-year age difference provision — and asked the staff to look into it. The staff is expected to present some proposed legislation for consideration at the commission’s November meeting.

Mary Davye Devoy, an advocate for the reform of Virginia’s sex-offender laws, opposed changing things in 2009 and now.

“I’m concerned that the proposed changes will result in more arrests, charges and prosecutions against Virginia’s teenagers for consensual sexting,” she said. “I still feel Virginia should not reinvent the wheel by creating a new criminal statute even if it’s just a misdemeanor.”

Devoy said the state’s current carnal knowledge law has a three-year age gap allowance preventing age-appropriate and consensual sex from becoming a felony.

“Why can’t we add to the current child pornography production, distribution, possession and solicitation statutes a disclaimer for consensual images between teenagers in age-appropriate relationships?” she asked. ..Source.. by FRANK GREEN

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