HB 2445 Sexually violent predators.
H. Morgan Griffith | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation: (all summaries)
Sexually violent predators. Moves the effective date of the sexually violent predator legislation from 2004 to "effective from its passage." The bill redefines sexually violent offense to include a forcible sexual offense committed prior to July 1, 1981, involving sodomy, object sexual penetration and aggravated sexual battery. A sexually violent predator is defined as a person with a qualifying offense who, because of a mental abnormality or personality disorder, has difficulty controlling his predatory behavior which makes him likely to engage in sexually violent acts and receives a certain minimum score on a sex offender risk assesment instrument. The bill limits the person's ability to raise challenges to the validity of his prior criminal convictions and restricts his right to use evidence in his defense if he refuses to cooperate with his mental examination. Time limits for actions required on behalf of the Commonwealth are extended and primary responsibility for control, care and treatment is placed with the Department of Mental Health, Mental Retardation and Substance Abuse Services or with a private entity with which the Department contracts. The bill changes the standard of proof for finding a person a sexual predator from "beyond a reasonable doubt" to "clear and convincing." This bill is identical to SB 1149.

Full text:
01/08/03  House: Pres. & ord. printed w/emg. clause pref.01/08/03 038792253  pdf | impact statement
01/28/03  House: Committee substitute printed 030635748-H1  pdf | impact statement
02/22/03  House: Conference substitute printed 030699748-H2  pdf
02/27/03  House: Bill text as passed House and Senate (HB2445ER)  pdf | impact statement
04/02/03  House: Reenrolled bill text (HB2445ER2)  pdf
04/03/03  Governor: Acts of Assembly Chapter text (CHAP0989)  pdf

Amendments:
Senate amendments
Senate amendments engrossed
Conference amendments
Governor's recommendation

Status:
01/08/03  House: Pres. & ord. printed w/emg. clause pref.01/08/03 038792253
01/08/03  House: Referred to Committee for Courts of Justice
01/16/03  House: Assigned to C. J. sub-committee: 1
01/20/03  House: Reported from C. J. with substitute (22-Y 0-N)
01/20/03  House: Referred to Committee on Appropriations
01/27/03  House: Reported from Appropriations with sub (24-Y 0-N)
01/28/03  House: Committee substitute printed 030635748-H1
01/29/03  House: Read first time
01/30/03  House: Read second time
01/30/03  House: Committee substitute agreed to 030635748-H1
01/30/03  House: Engrossed by House - committee substitute 030635748-H1
01/31/03  House: Read third time and passed House (97-Y 0-N)
01/31/03  House: VOTE: PASSAGE EMERGENCY (97-Y 0-N)
01/31/03  House: Communicated to Senate
02/03/03  Senate: Constitutional reading dispensed
02/03/03  Senate: Referred to Committee for Courts of Justice
02/12/03  Senate: Reported from Courts of Justice w/amds (13-Y 1-N 1-A)
02/14/03  Senate: Const. reading disp., passed by for the day (37-Y 0-N)
02/14/03  Senate: VOTE: CONST. RDG. DISPENSED R (37-Y 0-N)
02/17/03  Senate: Read third time
02/17/03  Senate: Reading of amendments waived
02/17/03  Senate: Committee amendments agreed to
02/17/03  Senate: Engrossed by Senate as amended
02/17/03  Senate: Passed Senate with amendments (37-Y 0-N)
02/17/03  Senate: VOTE: PASSAGE (37-Y 0-N)
02/18/03  House: Placed on Calendar
02/19/03  House: Senate amendments rejected by House (4-Y 93-N)
02/19/03  House: VOTE: REJECTED (4-Y 93-N)
02/20/03  Senate: Senate insisted on amendments (39-Y 0-N)
02/20/03  Senate: VOTE: INSIST & REQUEST (39-Y 0-N)
02/20/03  Senate: Senate requested conference committee
02/20/03  House: House acceded to request
02/20/03  House: Conferees appointed by House
02/20/03  House: Delegates: Griffith, Janis, Barlow
02/20/03  Senate: Conferees appointed by Senate
02/20/03  Senate: Senators: Stolle, Norment, Howell
02/22/03  House: Conference substitute printed 030699748-H2
02/22/03  House: Conference report agreed to by House (99-Y 0-N)
02/22/03  House: VOTE: ADOPTION EMERGENCY (99-Y 0-N)
02/22/03  Senate: Reading of conference report waived
02/22/03  Senate: Conference report agreed to by Senate (40-Y 0-N)
02/22/03  Senate: VOTE: CONF. COMMITTEE RPT. (40-Y 0-N)
02/27/03  House: Bill text as passed House and Senate (HB2445ER)
03/05/03  House: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/24/03  House: Governor's recommendation received by House
04/02/03  House: Placed on Calendar
04/02/03  House: House concurred in Gov's rec. BLOCK VOICE VOTE (100-Y 0-N)
04/02/03  Senate: Senate concurred in Gov's recommendation (39-Y 0-N)
04/02/03  Senate: VOTE: ADOPT GOV. RECOMM. (39-Y 0-N)
04/02/03  Governor: Governor's recommendation adopted
04/02/03  House: Reenrolled
04/02/03  House: Signed by Speaker as reenrolled
04/02/03  Senate: Signed by President as reenrolled
04/02/03  House: Enacted, Chapter 989 (effective 4/2/03)
04/02/03  House: Reenrolled bill text (HB2445ER2)
04/03/03  Governor: Acts of Assembly Chapter text (CHAP0989)