Bacon's Rebellion

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Criminal Justice Scorecard at Crossover

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Dick Hall-Sizemore
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By Dick Hall-Sizemore

With the General Assembly at the crossover break, now would be a good time to take stock of the status of major criminal justice and public safety legislation. Not surprisingly, the priorities identified by Democrats are faring well.

Below is a summary of the actions taken on selected bills. For a more detailed description of each bill, see my earlier post. The votes are in parenthesis. In most cases, the original bill was amended or there was a substitute before it passage.

Still alive; Passed first house

Democratic priorities

Repeal of death penalty—HB 2263 (57-41); SB 1165 (21-17)

Expungement of criminal history records—HB 2113 (60-39); SB 1283 (21-18)  The House and the Senate are on a collision course on this issue. The House favors automatic expungement of convictions of certain offenses. However, as Sen. Surovell informed us in a comment recently, the Senate is opposed to automatic expungement. His bill would make it easier for individuals to request and be granted expungement.

Repeal of mandatory minimums—SB 1406 (23-15)

Repeal of criminal marijuana offenses and establishment of regulation—SB 1406 (23-15)

Court of Appeals expansion—SB 1261 (21-18)

Other

Parole Board member votes made public—SB 1103 (33-6)  The House took no action on its bill (HB 1972) on this subject.

Parole Board release notifications—SB 1104 (39-0) and SB 1105 (39-0)

Discredited forensic evidence—SB 1105 (38-0)

Board of Local and Regional Jails—SB 1363 (28-11)

Technical violators—HB 2038 (57-43)

Dead bills

Parole Board notification of victims—House committee took no action on HB 1761 and HB 2161.

Executive orders; duration—Both HB 2087 and HB 2149 killed in subcommittee by votes of 5-3.

Concealed weapons—HB 1773. Killed in subcommittee (6-2)

Controlled substances; reduction of penalties—Subcommittee took no action on HB 2303.

Sexually violent predator law; repeal—SB 1244. PBI in committee (12-0)

Parole reinstatement—SB 1370.  PBI in committee (14-0)

Qualified immunity—HB 2045 killed in subcommittee (6-2).  SB 1440 PBI in committee (9-5)

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36 responses to “Criminal Justice Scorecard at Crossover”

  1. UpAgnstTheWall Avatar
    UpAgnstTheWall

    The first time I heard about qualified immunity I thought the people telling me about it were liars spreading hippie conspiracy theories…like, yeah, okay we’re going to give police a monopoly on the use of force AND exempt them from civil litigation, sure thing Abbie. But no, it’s real and outrageous and nothing that couldn’t be handled by the policing version of anti-SLAPP laws to prevent truly frivolous or harassing lawsuits.

    Same thing with civil asset forfeiture: the same guys who can legally break into your house are also legally take your stuff and sell it? Whatever you say H. Rap Brown. But again – it’s the truth.

    1. Nancy_Naive Avatar
      Nancy_Naive

      You think cops have it good, you should check out the immunity for prosecutors, wrt Brady violations. Hell, not just withholding exculpatory evidence, but putting forth manufactured.

      One of my favorite forfeiture cases involved the Feds charging an airplane with a crime… talk about inventive. The plane wasn’t seized as evidence. It was taken into custody with an arrest warrant. Ah, the days when RICO went nuts…

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      One of my pet peeves has been the authority of law enforcement to seize one’s assets, subject to forfeiture, without the conviction of the owner of the assets. The most egregious examples of this behavior have usually been on the federal level.

      Last year, the General Assembly amended the law to make forfeiture of seized assets subject to the conviction of the owner.

      Federal criminal law also requires conviction prior to forfeiture. However, the feds can seize and sell assets under civil procedures in which there is “probable cause” that a crime has been convicted. No conviction is required and “probable cause” is a relatively weak standard. That’s not right. (I don’t know if Virginia has comparable civil asset seizure and forfeiture provisions. I have never heard of any.)

  2. LarrytheG Avatar
    LarrytheG

    Thanks for the rundown. It’s almost a bit amazing that every GA session, they often come up with this many bills to address changes, one presumes improvements in laws. Govt is anything but perfect. FLS this morning says Marianna use has passed both houses, but there are substantial differences to be ironed out and that it could be years before actual sales.

    https://fredericksburg.com/news/state-and-regional/virginia-lawmakers-pass-marijuana-legalization-bills/article_2abc501e-17bb-5ca6-b510-21dde8231ad1.html#tracking-source=home-trending

    1. Nancy_Naive Avatar
      Nancy_Naive

      It’s a trench in the SW Pacific, but isn’t a bad analogy to the government-constituent divide on marijuana.

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      This is embarrassing: I overlooked the House bill on marijuana legalization. It passed on a vote of 55-42. The FLS article is a good summary of the differences. The bills are long and complex; the House bill is 546 pages and the FIS exceeds 20 pages.

      While the current criminal penalties for possession and sale of marijuana would be repealed effective July 1, 2021, the bills provide for a regulatory structure resembling that for alcohol for cultivation and retail sale. It will take several years for that structure to be set up and become operative. In the meantime, anyone possessing over a pound is subject to criminal penalties.

      The bills also provide for taxing marijuana and directs how the tax revenue shall be used.

      1. djrippert Avatar
        djrippert

        Seeds, seeds, my kingdom for some seeds!

  3. UpAgnstTheWall Avatar
    UpAgnstTheWall

    The first time I heard about qualified immunity I thought the people telling me about it were liars spreading hippie conspiracy theories…like, yeah, okay we’re going to give police a monopoly on the use of force AND exempt them from civil litigation, sure thing Abbie. But no, it’s real and outrageous and nothing that couldn’t be handled by the policing version of anti-SLAPP laws to prevent truly frivolous or harassing lawsuits.

    Same thing with civil asset forfeiture: the same guys who can legally break into your house are also legally take your stuff and sell it? Whatever you say H. Rap Brown. But again – it’s the truth.

    1. Nancy_Naive Avatar
      Nancy_Naive

      You think cops have it good, you should check out the immunity for prosecutors, wrt Brady violations. Hell, not just withholding exculpatory evidence, but putting forth manufactured.

      One of my favorite forfeiture cases involved the Feds charging an airplane with a crime… talk about inventive. The plane wasn’t seized as evidence. It was taken into custody with an arrest warrant. Ah, the days when RICO went nuts…

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      One of my pet peeves has been the authority of law enforcement to seize one’s assets, subject to forfeiture, without the conviction of the owner of the assets. The most egregious examples of this behavior have usually been on the federal level.

      Last year, the General Assembly amended the law to make forfeiture of seized assets subject to the conviction of the owner.

      Federal criminal law also requires conviction prior to forfeiture. However, the feds can seize and sell assets under civil procedures in which there is “probable cause” that a crime has been convicted. No conviction is required and “probable cause” is a relatively weak standard. That’s not right. (I don’t know if Virginia has comparable civil asset seizure and forfeiture provisions. I have never heard of any.)

      1. Eric the Half a Troll Avatar
        Eric the Half a Troll

        I’m sorry, but I still have a problem with the government seizing legally owned property and selling it just because the owner is convicted of a crime.

        1. Nancy_Naive Avatar
          Nancy_Naive

          It’s worse when they aren’t even CHARGED with a crime.

        2. LarrytheG Avatar
          LarrytheG

          Totally Agree and this may be one of the few issues where differing political philosophies can agree.

      2. Nancy_Naive Avatar
        Nancy_Naive

        Yes, egregious at the Fed if you neglect Louisiana. Well known that if you are black and need to travel between Mississippi and Texas, Memphis is the way to go. I-10 is completely out.

  4. Nancy_Naive Avatar
    Nancy_Naive

    https://www.techdirt.com/articles/20150630/22480231508/tsa-asks-america-to-lol-traveler-who-had-75000-taken-him-federal-agents.shtml

    Don’t carry cash… BTW, the DEA considers $1,000 to be a large amount.

    1. Steve Haner Avatar
      Steve Haner

      Hell, in cash to me a honeybee is a large amount.

  5. LarrytheG Avatar
    LarrytheG

    Thanks for the rundown. It’s almost a bit amazing that every GA session, they often come up with this many bills to address changes, one presumes improvements in laws. Govt is anything but perfect. FLS this morning says Marianna use has passed both houses, but there are substantial differences to be ironed out and that it could be years before actual sales.

    https://fredericksburg.com/news/state-and-regional/virginia-lawmakers-pass-marijuana-legalization-bills/article_2abc501e-17bb-5ca6-b510-21dde8231ad1.html#tracking-source=home-trending

    1. Nancy_Naive Avatar
      Nancy_Naive

      It’s a trench in the SW Pacific, but isn’t a bad analogy to the government-constituent divide on marijuana.

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      This is embarrassing: I overlooked the House bill on marijuana legalization. It passed on a vote of 55-42. The FLS article is a good summary of the differences. The bills are long and complex; the House bill is 546 pages and the FIS exceeds 20 pages.

      While the current criminal penalties for possession and sale of marijuana would be repealed effective July 1, 2021, the bills provide for a regulatory structure resembling that for alcohol for cultivation and retail sale. It will take several years for that structure to be set up and become operative. In the meantime, anyone possessing over a pound is subject to criminal penalties.

      The bills also provide for taxing marijuana and directs how the tax revenue shall be used.

      1. djrippert Avatar
        djrippert

        Seeds, seeds, my kingdom for some seeds!

  6. TooManyTaxes Avatar
    TooManyTaxes

    While I think the intention of the majority Democrats in abolishing the death penalty is to openly degrade the value of the victim’s life in favor of signaling their support for the criminal element, a program of mandatory life without parole can be fair. Not that I trust Democrats to uphold law and order and to side with victims over common criminals. They will work toward reestablishing parole, only to see murderers kill again.

    The oft-quoted “An eye for an eye and a tooth for a tooth,” which first appeared in human history in Hammurabi’s Code, makes important statements. First and most important, it establishes the principle that the victim’s life has importance equal to that of the criminal. (Needless to say, Hammurabi never anticipated 21st Century Democrats or journalists.)

    Second, the statement stands for the policy that retribution must be balanced. There should be no sentence of death for a simple assault. Likewise, the sins of the father are not to be vested upon the child. We don’t execute the daughter of a murderer who had nothing to do with the crime. (But once again, the great Middle Eastern king never anticipated 21st Century Democrats or journalists.)

  7. Nancy_Naive Avatar
    Nancy_Naive

    https://www.techdirt.com/articles/20150630/22480231508/tsa-asks-america-to-lol-traveler-who-had-75000-taken-him-federal-agents.shtml

    Don’t carry cash… BTW, the DEA considers $1,000 to be a large amount.

    1. Steve Haner Avatar
      Steve Haner

      Hell, in cash to me a honeybee is a large amount.

      1. Nancy_Naive Avatar
        Nancy_Naive

        That was the amount a DEA agent cited when he asked if Ed Bradley had more than that on him at an airport. 60 Minutes did an episode back in the 90s on seizures.

        Bradley bought a one-way ticket to Florida with cash, and within minutes he was approached by two agents. At one point he asked if they recognized him, they pulled out the hidden camera, and two guys in cheap black suits beat feet like their hair was on fire and their butts were catchin’.

  8. TooManyTaxes Avatar
    TooManyTaxes

    While I think the intention of the majority Democrats in abolishing the death penalty is to openly degrade the value of the victim’s life in favor of signaling their support for the criminal element, a program of mandatory life without parole can be fair. Not that I trust Democrats to uphold law and order and to side with victims over common criminals. They will work toward reestablishing parole, only to see murderers kill again.

    The oft-quoted “An eye for an eye and a tooth for a tooth,” which first appeared in human history in Hammurabi’s Code, makes important statements. First and most important, it establishes the principle that the victim’s life has importance equal to that of the criminal. (Needless to say, Hammurabi never anticipated 21st Century Democrats or journalists.)

    Second, the statement stands for the policy that retribution must be balanced. There should be no sentence of death for a simple assault. Likewise, the sins of the father are not to be vested upon the child. We don’t execute the daughter of a murderer who had nothing to do with the crime. (But once again, the great Middle Eastern king never anticipated 21st Century Democrats or journalists.)

    1. LarrytheG Avatar
      LarrytheG

      There are some kinds that must never be allowed to be among society and some of them deserve to be put to death – but our prisons border on torture in the way the treat prisoners IMHO and that really reflects on us also.

      Beyond that, our criminal justice system is a giant machine that sometimes convicts the innocent , even putting them to death and way too many in prison for too many years for their crimes.

      It needs reform and it needs to work more like a scalpel than a meat axe – and it’s that meat axe that motivates some to advocate for leniency in place of justice, i.e. we imprison some wrongly and have horrendous sentences way beyond what they ought to be for others.

      No problem at all with putting the ones in prison that need to be there nor even putting some to death – as long as we also make our system more just.

      1. TooManyTaxes Avatar
        TooManyTaxes

        I strongly support efforts like the Justice Project that, when presented by a compelling case, uses DNA and other tools to reinvestigate claims of wrongful conviction I support an appeal by right to every person convicted of a crime punishable by death or life without parole.

        But every judge or jury (when applicable) sentencing a convicted murder should be required to be viewing police photos of their victim. Why are murderers more important than the murdered? Ask Justice Sotomayor.

        1. LarrytheG Avatar
          LarrytheG

          Projects that find the wrongly convicted AFTER they have been imprisoned or put to death are why some folks want to weaken some of the laws though. There attitude is that no one should be wrongly imprisoned or put to death to start with.

          How do those and their families who have been wrongly imprisoned feel?
          Should the police and judge see them also as victims?

  9. Nancy_Naive Avatar
    Nancy_Naive

    I dunno, it’s always more fun to watch death penalty advocates backpeddle when the Innocent Project gets one exonerated off Death Row. Can’t imagine how fast they’ll backpedal if it is ever proved they gassed an innocent man.

    They tried with Dr. Sheppard. Who else?

    1. LarrytheG Avatar
      LarrytheG

      right. no one has been put to death and found innocent after, so far but they’ve come close.

      1. Nancy_Naive Avatar
        Nancy_Naive

        Courts don’t see any point in admitting they screwed up…
        https://deathpenaltyinfo.org/policy-issues/innocence/executed-but-possibly-innocent

        Amazing how many times prosecutors withhold or mischaracterize evidence and suborn perjury.

  10. Nancy_Naive Avatar
    Nancy_Naive

    I dunno, it’s always more fun to watch death penalty advocates backpeddle when the Innocent Project gets one exonerated off Death Row. Can’t imagine how fast they’ll backpedal if it is ever proved they gassed an innocent man.

    They tried with Dr. Sheppard. Who else?

    1. LarrytheG Avatar
      LarrytheG

      right. no one has been put to death and found innocent after, so far but they’ve come close.

      1. Nancy_Naive Avatar
        Nancy_Naive

        Courts don’t see any point in admitting they screwed up…
        https://deathpenaltyinfo.org/policy-issues/innocence/executed-but-possibly-innocent

        Amazing how many times prosecutors withhold or mischaracterize evidence and suborn perjury.

        1. djrippert Avatar
          djrippert

          Prosecutors and district attorneys are often ladder climbing immoral people. By the way – what career did Kamela Harris have before becoming a politician?

          1. Nancy_Naive Avatar
            Nancy_Naive

            While I would tar the whole bloody lot collectively with the shamefully unprofessional behavior (unpunished by neither civil nor criminal prosecution) of a few, I would hesitate to blacken the eye of an individual prosecutor/office without specifics. Harry Connick Sr.’s NOLA office, for example, had one prosector who habitually violated Brady in capital murder cases convicting 5 men later exonerated. SCOTUS (Thomas writing) ruled that 5 cases was insufficient to show a pattern. EYE ROLL.

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