HB 2445 Sexually violent predators.
H. Morgan Griffith | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation:
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.


Summary as passed:
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 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.


Summary as passed House:
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 and sexual battery. The bill changes the definition of sexually violent predator to a person who, among other things, has difficulty controlling his predatory behavior, removes his right to remain silent at his hearings, prohibits his collateral challenge of prior convictions, restricts his right to use evidence in his defense if he refuses to cooperate with his mental examination, extends time limits for actions required on behalf of the Commonwealth, places primary responsibility for control, care and treatment with the Department of Mental Health, Mental Retardation and Substance Abuse Services or with a private entity with which the Department contracts, limits discovery to less than that allowed in an ordinary civil trial, provides for alternative housing for the predator, and removes assurances that the predator will receive rights and care consistent with basic human dignity (as is the case currently for Department of Corrections inmates).


Summary as introduced:
Sexually violent predators. Moves the effective date of the sexually violent predator legislation from 2004 to "effective from its passage." The bill changes the definition of sexually violent predator to a person who, among other things, has difficulty controlling his predatory behavior, removes his right to remain silent at his hearings, prohibits his collateral challenge of prior convictions, restricts his right to use evidence in his defense if he refuses to cooperate with his mental examination, extends time limits for actions required on behalf of the Commonwealth, provides for the handling of the case by the local attorney for the Commonwealth rather than the Attorney General, limits discovery to less than that allowed in an ordinary civil trial, provides for alternative housing for the predator, and removes assurances that the predator will receive rights and care consistent with basic human dignity (as is the case currently for Department of Corrections inmates).