SB 1149 Sexually violent predators.
Kenneth W. Stolle | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation: (all summaries)
Civil commitment; 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 HB 2445.

Full text:
01/08/03  Senate: Pres. & ord. printed w/emg. clause pref.01/08/03 038810253  pdf | impact statement
02/03/03  Senate: Committee substitute printed 030643536-S1  pdf | impact statement
02/18/03  House: Committee substitute printed 038921536-H1  pdf | impact statement
02/22/03  Senate: Conference substitute printed 030698536-S2  pdf
02/27/03  Senate: Bill text as passed Senate and House (SB1149ER)  pdf | impact statement
04/02/03  Senate: Reenrolled bill text (SB1149ER2)  pdf
04/03/03  Governor: Acts of Assembly Chapter text (CHAP1018)  pdf

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

Status:
01/08/03  Senate: Pres. & ord. printed w/emg. clause pref.01/08/03 038810253
01/08/03  Senate: Referred to Committee for Courts of Justice
02/02/03  Senate: Reported from Courts of Justice w/sub (14-Y 0-N 1-A)
02/03/03  Senate: Committee substitute printed 030643536-S1
02/03/03  Senate: Constitutional reading dispensed (39-Y 0-N)
02/03/03  Senate: VOTE: (39-Y 0-N)
02/04/03  Senate: Read second time
02/04/03  Senate: Reading of substitute waived
02/04/03  Senate: Committee substitute agreed to 030643536-S1
02/04/03  Senate: Engrossed by Senate - committee substitute 030643536-S1
02/04/03  Senate: Constitutional reading dispensed (40-Y 0-N)
02/04/03  Senate: VOTE: CONST. RDG. DISPENSED (40-Y 0-N)
02/04/03  Senate: Passed Senate (40-Y 0-N)
02/04/03  Senate: VOTE: PASSAGE (40-Y 0-N)
02/04/03  Senate: Communicated to House
02/05/03  House: Placed on Calendar
02/05/03  House: Read first time
02/05/03  House: Referred to Committee for Courts of Justice
02/13/03  House: Assigned to C. J. sub-committee: 1
02/17/03  House: Reported from C. J. with substitute (21-Y 0-N)
02/18/03  House: Committee substitute printed 038921536-H1
02/18/03  House: Read second time
02/19/03  House: Read third time
02/19/03  House: Committee substitute agreed to 038921536-H1
02/19/03  House: Amendments by Del. Griffith agreed to
02/19/03  House: Engrossed by House - com. sub. w/amds 038921536-H1
02/19/03  House: Passed House with sub. with amendments (97-Y 0-N)
02/19/03  House: VOTE: PASSAGE EMERGENCY (97-Y 0-N)
02/20/03  Senate: House sub. w/amds. rejected by Senate (2-Y 35-N)
02/20/03  Senate: VOTE: REJECTED HOUSE AMENDMENT (2-Y 35-N)
02/20/03  House: House insisted on substitute with amendment
02/20/03  House: House requested conference committee
02/20/03  Senate: Senate acceded to request (39-Y 0-N)
02/20/03  Senate: VOTE: ACCEDE CONF. COMM. (39-Y 0-N)
02/20/03  Senate: Conferees appointed by Senate
02/20/03  Senate: Senators: Stolle, Norment, Howell
02/20/03  House: Conferees appointed by House
02/20/03  House: Delegates: Griffith, Janis, Barlow
02/22/03  Senate: Conference substitute printed 030698536-S2
02/22/03  Conference: Sub. recommended by conference comm. 030698536-S2
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)
02/22/03  House: Conference report agreed to by House (99-Y 0-N)
02/22/03  House: VOTE: ADOPTION (99-Y 0-N)
02/27/03  Senate: Bill text as passed Senate and House (SB1149ER)
03/05/03  Senate: Enrolled
03/05/03  House: Signed by Speaker
03/06/03  Senate: Signed by President
03/24/03  Senate: Governor's recommendation received by Senate
04/02/03  Senate: Placed on Calendar
04/02/03  Senate: Senate concurred in Gov's recommendation (40-Y 0-N)
04/02/03  Senate: VOTE: ADOPT GOV. RECOMM. (40-Y 0-N)
04/02/03  House: House concurred in Gov's recommendation (95-Y 0-N)
04/02/03  House: VOTE: ADOPTION (95-Y 0-N)
04/02/03  Governor: Governor's recommendation adopted
04/02/03  House: Reenrolled
04/02/03  Senate: Signed by President as reenrolled
04/02/03  House: Signed by Speaker as reenrolled
04/02/03  House: Enacted, Chapter 1018 (effective 4/2/03)
04/02/03  Senate: Reenrolled bill text (SB1149ER2)
04/03/03  Governor: Acts of Assembly Chapter text (CHAP1018)