Governor McDonnell Announces Public Safety Agenda for 2012 Session
January 19, 2012 | Virginia News
Includes Initiatives to Toughen Penalties for Repeat Drug Dealers, Better Protect Victims of Crime, and Strengthen the Commonwealth for Future Public Safety Needs
RICHMOND – Building on the public safety proposals outlined in his State of the Commonwealth address last week, Governor Bob McDonnell today announced his public safety agenda for the 2012 General Assembly session at an afternoon press conference on Capitol Square. He was joined by Attorney General Ken Cuccinelli, members of the General Assembly and public safety officials. Highlights of the agenda include legislation to: provide tough mandatory minimum sentences for repeat drug dealers, and life sentences for sex offenders who prey on children; further protect victims of crime; streamline procedures for Virginia's asset forfeiture laws; and, strengthen the response to emergencies and ensure maximum protection for victims.
The governor also introduced budget proposals to provide law enforcement with the tools they need to keep our streets safe. He has continued to support "599" funding for local law enforcement, restored financial support for sheriffs, and provided new resources for 40 vacant positions in the Virginia State Police. In addition, the governor has included budget language so that localities have a mechanism for obtaining authorization for new drug courts, at their expense, as long as they meet certain requirements and provide data necessary to evaluate their success.
Speaking about his public safety agenda, Governor McDonnell remarked, "Public safety is the foremost priority of government. It is paramount that we continue to work to ensure that we have safe streets and communities so that our children are growing and learning in a safe environment; businesses are able to thrive and expand; and, families continue to choose to make Virginia their home. As I said last week in my State of the Commonwealth address, a more secure society is a more prosperous society. This starts with ensuring that those who violate our laws, and endanger and target our young people, are kept off the streets. That's why I am proposing tough mandatory minimum sentences for repeat drug dealers and life sentences for sex offenders who prey on children. We are also working to end the cycle of drug addiction by providing localities with a mechanism for obtaining authorization for new drug courts. Additionally, I am proposing legislation to improve and strengthen laws to protect victims of crime. This includes increasing punishment for anyone who financially exploits elderly or incapacitated adults, and raising the penalty for assault and battery of a family or household member from a class 1 misdemeanor to a class 6 felony when the offense is through strangulation. Building on our ongoing prisoner re-entry efforts, we are advancing legislation that establishes a new pilot program called 'SURE' for non-violent offenders who violate conditions of their probation. This program provides an alternative to prison for felony non-violent offenders who violate conditions of probation. The program's goal is to reduce the number and frequency of probation violations and free up judges and probation and parole officers to deal with more serious offenders."
Governor McDonnell continued, "This year's public safety agenda also aims to better prepare us for future emergencies. Last year, Virginia faced significant natural disasters. Following the August earthquake, too many homeowners were unknowingly left without insurance coverage for earthquakes. We are advancing legislation that will now provide notice regarding earthquake exclusions on insurance to ensure that homeowners and businesses are aware of additional coverage requirements. Last year also tested the effectiveness of our emergency response plans. I am pleased with the coordination between Virginia's Department of Emergency Management and our localities. But these disasters also proved that we can never be too prepared. That is why we are advancing legislation that will better coordinate emergency response by requiring that public institutions of higher education submit in writing that required annual reviews and functional exercises have been conducted. Finally, we are ensuring that public safety needs are funded. In my budget we have maintained critical '599' funding, restored funding to our sheriff's offices and included funding for vacant positions within Virginia State Police. Public safety is a core function of government and, this session, we are advancing an agenda that continues to strengthen our criminal justice system, provides resources to our public safety officials and further protects victims. These proposals will go far to help us achieve our goal of making the Commonwealth a safer place in which to live, work and raise a family."
Attorney General Ken Cuccinelli added, "Public safety continues to be one of my paramount priorities as attorney general. Through legislation addressing Medicaid fraud and elder abuse, human trafficking, gang crimes, compensation for families of officers killed in the line of duty and other public safety initiatives, I am proud to present a legislative package that will make Virginia a safer place to live, work and raise our families. I am looking forward to working with the legislature and the governor once again to find ways to better protect our citizens and equip my staff and law enforcement with the tools necessary to effectively fight crime in Virginia."
Delegate Dave Albo, chairman of the House Courts of Justice Committee, noted, "I want to commend Governor McDonnell for again making public safety a priority both through legislation and budget initiatives. Through this agenda I will be advancing key legislation to crack down on drunk driving by establishing mandatory minimum sentences for involuntary manslaughter and aggravated involuntary manslaughter. On average, drunk drivers kill one person a day. Drunk driving is a serious crime and will not be tolerated. We have a duty as lawmakers to protect all Virginians, and this year's public safety agenda will go far to keep offenders off our streets and keep our children, neighborhoods and homes safe."
Senate Majority Leader Thomas K. Norment, Jr., chairman of the Senate Courts of Justice Committee, stated, "Governor McDonnell's public safety legislative agenda sets out specific goals designed to ensure that all Virginians are safe in their communities. This agenda includes protection for children, the elderly and victims of domestic abuse. It will imprison drug dealers for a longer period of time, and those who prey on our children will be sent to prison for life. All of these things cannot happen without the great work of local and state law enforcement officials. We have to make sure they have the tools necessary to enforce the laws we pass as they risk their lives every day in service to the citizens of the Commonwealth."
Governor McDonnell's 2012 Public Safety Agenda:
Toughen Penalties for Repeat Drug Dealers, Violent Sex Offenders and Gang Members
HB968 (R. Bell)/ SB159 (Obenshain) – Toughen Penalties for Repeat Drug Dealers
- Increases the penalty for repeat drug dealers. Second-time offenders will face a mandatory minimum sentence of five years in prison and third-time or subsequent offenders will face a more significant mandatory minimum sentence of 10 years in prison.
HB973 (R. Bell)/ SB436 (Obenshain) – Toughen Penalties for Violent Sex Offenders
- Imposes a mandatory minimum life sentence for rape, forcible sodomy, and object sexual penetration of a child under the age of 13.
HB624 (Albo)/ SB412 (Norment) – Require Registration for Juvenile Sex Offenders
- Requires juveniles over the age of 13 who are adjudicated delinquent for forcible rape, forcible sodomy, or object sexual penetration to register with the Sex Offender and Crime Against Minor Registry. Changes will make Virginia compliant with the Sex Offender Registration and Notification Act (SORNA).
HB1126 (R. Bell)/ SB111 (Howell) – Establishes New Sentencing Program for Nonviolent Offenders Who Violate Probation
- Establishes a new sentencing program for nonviolent felony offenders who violate conditions of their probation.
HB49 (Albo)/ SB182 (Stuart) – Toughen Penalties for Involuntary Manslaughter Caused by Driving Under the Influence
- Establishes a one year mandatory minimum for involuntary manslaughter resulting from a DUI and a mandatory minimum of five years for aggravated involuntary manslaughter resulting from a DUI.
HB751 (Cline)/ SB345 (McDougle) – Combat Gang Recruitment Through Toughening Penalties for Utilizing Electronic Mediums
- Provides that any person who, by telephone or by any electronically transmitted communication producing a visual or electronic message (phone, text, email or social networking site), solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a class 5 felony.
HB718 (Kilgore)/ SB419 (Stanley) – Toughen Penalties for Juvenile Offenders Who Commit Violent Crimes
- Allows prosecutors the discretion to have a juvenile who is 14 years of age or older charged with violations of certain gang offenses and repeat violations of certain drug offenses to be transferred to the circuit court for trial as an adult. The bill also provides that juveniles charged with an offense defined as an act of violence, if previously adjudicated delinquent of an act of violence, are automatically transferred to the circuit court for trial as an adult.
Improve Laws to Further Protect Victims of Crime
HB987 ( Loupassi)/ SB431 (Stuart) – Toughen Penalties for the Financial Exploitation of Elderly or Incapacitated Adults
- Provides that it unlawful to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. The bill allows forfeiture of personal property used in connection with the crime.
HB752 (Cline)/ SB459 (Herring) – Protect Victims of Domestic Violence by Increasing the Penalty for Strangulation
- Raises the penalty for assault and battery of a family or household member from a class 1 misdemeanor to a class 6 felony when the assault and battery is accomplished by strangling the victim. The bill also raises from a class 6 to a class 5 felony the penalty for assault and battery of a family or household member when the perpetrator has been convicted of certain prior offenses and commits the offense by strangulation.
HB1033 (McClellan)/ SB445 (Vogel) – Strengthen Enforcement of Protective Order through the Expedited Entry into the Virginia Criminal Information Network
- Provides a circuit court jurisdiction to hear petitions to modify, dissolve, or extend a permanent protective order if the circuit court issued the order. The bill requires a court, when a protective order is issued, to enter and automatically transfer identifying information to the Virginia Criminal Information Network (VCIN) system.
HB916 (Minchew)/ SB486 (Newman) – Protect Victims by Increasing the Penalty of Harassment Utilizing Social Networking Sites
- Makes it a class 1 misdemeanor for a prisoner or a person acting on behalf of a prisoner to use a computer, computer network, or social networking site to harass, intimidate, or threaten a crime victim.
HB504 (Dance)/ SB271 (Marsh) – Strengthen the Commonwealth's Anti-Bullying Efforts
- Requires the Virginia Center for School Safety to provide evidence-based anti-bullying training to public school personnel.
Ensure Proper and Streamlined Procedures for Virginia's Asset Forfeiture Laws
HB212 and HB384 (Miller)/ SB325 and SB326 (Carrico) – Ensuring Proper and Streamlined Procedures for Virginia's Asset Forfeiture Laws (Senator Carrico and Delegate Miller)
- Legislation seeks to clarify and streamline the Commonwealth's asset forfeiture laws by consolidating the forfeiture provisions found throughout the Code of Virginia into one uniform process.
Strengthen the Commonwealth's Response to Emergencies and Ensuring Maximum Protection for Victims
HB523 (Farrell)/ SB369 (Reeves) – Fire Insurance; Earthquake Coverage Notice
- Requires insurance policies that exclude coverage for earthquake damage to provide a notice that earthquake coverage is excluded and that earthquake insurance may be available for an additional premium.
HB305 (Crockett-Stark)/ SB346 (McDougle) – Strengthen the Commonwealth's Institutions of Higher Education Response to Emergencies
Legislation will increase the coordination by the Department of Emergency Management with the Commonwealth's colleges and universities emergency management plans by requiring institutions to certify in writing to the department that the required annual reviews and functional exercises have been conducted.
Next entry: Supreme Court: Warrant Needed For GPS Tracking
Previous entry: Police chiefs discuss terrorism at White House
