Because Freedom
Can't Protect Itself
Can't Protect Itself
Equal/Civil Rights (GLBT and Immigrant rights, Racial justice)
| Bill Number: HB 2197 | Patron: Nixon | ACLU Position: Oppose |
| Committee: House Science and Technology, Senate General Laws and Technology | ||
| Bill Title: Internet filters on library computers | ||
| Summary: Requires libraries that receive state funding to place anti-pornography filters on computers accessible to the public, although the filters must be disabled for adults under some circumstances. | ||
| Comment: Libraries are already required to have Internet use policies to prevent minors from accessing sexually explicit materials. Internet filters are imperfect devices that tend to block access to much legitimate information on the Internet. | ||
| Status: Reported from committee (13-Y, 5-N) on Jan. 29. Passed the House of Delegates (80-Y, 14-N) on Feb. 2. Referred to Senate General Laws and Technology committee on Feb. 5. Reported from committee with a substitute (12-Y, 2-N) on Feb. 14. Passed by the Senate (39-Y, 0-N) on Feb. 16. Substitute version passed by the House and adopted (85-Y, 12-N) on Feb. 22. Conveyed to the Governor. Approved by the Governor on March 19, effective July 1, Chapter 470. | ||
| Bill Number: SB 1250 | Patron: Herring | ACLU Position: Monitoring |
| Committee: Senate Courts of Justice, House Courts of Justice | ||
| Bill Title: Immunity When Speaking at Public Hearings | ||
| Summary: As introduced, immunized people who spoke at public hearings of a local body so long as they were speaking on matters properly before the governing body and they are not committing libel or slander. As amended, the immunity does not apply to any statements made with knowledge that they are false or with reckless disregard for whether they are false. | ||
| Status: Reported from Senate Local Government committee (15-Y, 0-N) on Jan. 23. Rereferred to Senate Courts of Justice. SB 858 was incorporated into SB 1250. Reported from committee (15-Y, 0-N) on Jan. 29. Passed the Senate (39-Y, 0-N) on Feb. 1. Referred to House Courts of Justice committee. Reported from committee (21-Y, 0-N) on Feb. 16. Passed by the House (97-Y, 0-N) on Feb. 21. House substitute version agreed to by the Senate (40-Y, 0-N) on Feb. 22. Conveyed to the Governor. Approved by the Governor on March 23, effective July 1, Chapter 798. | ||
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| Bill Number: HB 3082 | Patron: Lingamfelter | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Courts of Justice | ||
| Bill Title: Religious Freedom Defined | ||
| Summary: Government may not burden a person's free exercise of religion unless it is essential to further a compelling governmental interest and the least restrictive means of furthering that compelling governmental interest. | ||
| Comment: The ACLU supports laws that make it more difficult for the government to interfere with the free exercise of religion, but wants such laws to include a provision that prevents individuals from using religion as a justification for ignoring anti-discrimination laws. This bill does not do that. In addition, this bill excludes prisoners from its protections, which we also oppose. | ||
| Status: Reported from committee (15-Y, 3-N) on Feb. 2. Passed by the House of Delegates (67-Y, 30-N) on Feb. 6. Referred to Senate General Laws and Technology on Feb. 7. Rereferred to Senate Courts of Justice (12-Y, 0-N) on Feb. 14. Reported from committee with a substitute (9-Y, 6-N) on Feb. 19. Passed by the Senate with a substitute with amendment (26-Y, 12-N) on Feb. 22. Passed by the House (80-Y, 8-N) on Feb. 22. Passed by the Senate with a substitute and an amendment (28-Y, 11-N) on Feb. 22. Senate substitute version with an amendment agreed to by the House (80-Y, 8-N) on Feb. 22. Conveyed to the Governor. Recommendations sent by the Governor to the House of Delegates on March 26. House of Delegates adopted the Governor's recommendations (94-Y, 3-N) on April 4. Senate adopted the Governor's recommendations (39-Y, 0-N) on April 4. Enacted on April 4 and effective July 1. | ||
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| Bill Number: HB 2730 | Patron: Englin | ACLU Position: Support |
| Committee: House Health, Welfare and Institutions, Senate Education and Health | ||
| Bill Title: Hospital visitation provision allowing patients to receive all visitors of their choice | ||
| Summary: Requires each licensed hospital to include in its visitation policy a provision allowing each adult patient to receive visits from any individual from whom the patient desires to receive visits. | ||
| Comment: The practical effect of this legislation is to establish the right of gays and lesbians to designate their partners as visitors when they are hospitalized. It is clearly intended to prevent a court from interpreting the recently passed anti-gay marriage Virginia Constitutional Amendment as banning such rights because they approximate a relationship normally associated with marriage. | ||
| Status: Reported from House Health, Welfare and Institutions with substitute (22-Y, 0-N) on Feb. 1. Passed the House (97-Y, 0-N, 1-A) on Feb. 5. Reported from Senate Health and Education (15-Y, 0-N) on Feb. 15. Passed by the Senate (40-Y, 0-N) on Feb. 20. Conveyed to the Governor. Signed by the Governor on March 25, effective July 1, Chapter 516. | ||
| Bill Number: HJ 728 SJ 332 |
Patron: McEachin, Marsh |
ACLU Position: Support |
| Committee: House Rules, Senate Rules | ||
| Bill Title: Reconciliation and Atonement for Slavery | ||
| Summary: As introduced, expressed the General Assembly's atonement for the slavery of Africans, and calls for racial reconciliation. As amended, it expresses profound regret for the involuntary servitude of Africans and exploitation of Native Americans. | ||
| Comment: The ACLU of Virginia has joined a broad coalition of civil rights groups to support this resolution. | ||
Status: HJ 728 was passed by the House (91-Y, 0-N) on Feb. 2. HJ 728 was referred to Senate Rules on Feb 5. HJ 728 reported from committee with a substitute on Feb. 19. Substitute version agreed to by the Senate on Feb. 22. House rejected Senate substitute version (1-Y, 97-N) on Feb. 22. Senate insisted on the substitute version (30-Y, 0-N) on Feb. 22. The conference report regarding HJ 728 was agreed to by the House (96-Y, 0-N) on Feb. 24. The conference report was agreed to by the Senate on Feb. 24. SJ 332 was passed by the Senate (39-Y, 0-N) on Feb. 5. SJ 332 was referred to House Rules on Feb. 8. SJ 332 was passed by the House of Delegates with a substitute (96-Y, 0-N) on Feb. 16. Senate rejected the House substitute on Feb. 20. The conference report regarding SJ 332 was agreed to by the House and adopted (97-Y, 0-N) on Feb. 24. The conference report regarding SJ 332 was agreed to by the Senate on Feb. 24. |
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| Bill Number: HB 2758 | Patron: Hurt | ACLU Position: Support |
| Committee: House General Laws, Senate General Laws and Technology | ||
| Bill Title: Posting of Meeting Notices and Minutes of Public Bodies | ||
| Summary: All state public bodies are required to post notice of their meetings on their websites and on the electronic calendar maintained by the Virginia Information Technologies Agency. | ||
| Status: Reported from General Laws with amendment (22-Y, 0-N) on Jan. 25. Passed by the House (100-Y, 0-N) on Jan. 31. Referred to Senate General Laws and Technology on Feb. 1. Assigned to subcommittee #1 on Feb. 8. Reported from committee (14-Y, 0-N) on Feb. 14. Passed by the Senate (40-Y, 0-N) on Feb. 19. Approved by the Governor on March 12, effective July 1, chapter 300. | ||
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All bills being followed on this issue have been killed, click here to read about them.
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Criminal Justice and Due Process
| Bill Number: HB 2361 SB 1168 |
Patron: Putney Rerras |
ACLU Position: Support |
| Committee: House Courts of Justice/ Senate Courts of Justice | ||
| Bill Title: Removing fee cap for court-appointed attorneys | ||
| Summary: Provides that court-appointed counsel may request a waiver of the limitations on compensation by submitting the request to the appropriate court. | ||
| Comment: Virginia ranks fiftieth in the nation in fees awarded to court-appointed attorneys in criminal cases. While not a total fix to a large problem, this would at least allow attorneys to seek additional fees when justified. | ||
Status: HB 2361 reported from Courts of Justice (17-Y, 2-N) on Jan. 22. HB 2361 passed the House of Delegates (96-Y, 1-N) on Feb. 6. HB 2361 was referred to Senate Courts of Justice on Feb. 7. Reported from committee (15-Y, 0-N) on Feb. 19. Passed by the Senate with a substitute (40-Y, 0-N) on Feb. 21. Passed the House (92-Y, 0-N) on Feb. 22. Conveyed to the Governor. Recommendations sent by the Governor to the House of Delegates on March 26. House of Delegates rejected the Governor's recommendations #1-6 (6-Y, 91-N, 1-A) on April 4. House of Delegates adopted the Governor's recommendations #7-13 (97-Y, 0-N, 2-A) on April 4. Senate adopted the Governor's recommendations #7-13 (39-Y, 0-N) on April 4. Enacted on April 4 and effective July 1. SB 1168 reported from Senate Courts of Justice with amendments (15-Y, 0-N) and was rereferred to Senate Finance on Jan. 17. SB 1168 passed the Senate (40-Y, 0-N) on Feb. 6. SB 1168 was referred to House Courts of Justice, Criminal Law subcommittee on Feb. 9. SB 1168 reported from committee with a substitute (21-Y, 0-N) on Feb. 16. Referred to House Appropriations on Feb. 16. Reported from committee (24-Y, 0-N) on Feb. 19. SB 1168 was passed by the House (97-Y, 0-N) on Feb. 21. House substitute version agreed to by the Senate (40-Y, 0-N) on Feb. 22. Conveyed to the Governor. Recommendations sent by the Governor to the Senate on March 26. Senate rejected the Governor's recommendations #1-6 (0-Y, 40-N) on April 4. Senate adopted the Governor's recommendations #7-13 (40-Y, 0-N) on April 4. House of Delegates adopted the Governor's recommendations #7-13 (97-Y, 0-N, 2-A) on April 4. Enacted on April 4 and effective July 1. |
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| Bill Number: HB 2418 | Patron: Kilgore | ACLU Position: Monitoring |
| Committee: House Courts of Justice, Senate Committee on Rehabilitation and Social Services | ||
| Bill Title: Exclusion of Records from Discovery | ||
| Summary: Excludes the discovery of the identities of persons who carry out executions in any legal proceeding. | ||
| Comment: This is an unnecessary bill that would make it impossible to obtain a complete and accurate accounting of how executions are carried out in Virginia, even in bona fide investigations into mishaps, accidents, or other problems that may occur in the preparation for and carrying out of executions. On Feb. 5, the bill was amended to include an exception for good cause shown. | ||
| Status: Amended on Feb. 5. Passed by the House of Delegates (95-Y, 4-N) on Feb. 6. Referred to Senate Rehabilitation and Social Services on Feb. 7. Reported with amendments (15-Y, 0-N) on Feb. 9. Passed by the Senate (40-Y, 0-N) on Feb. 13. Senate amendments agreed to and passed by the House (97-Y, 0-N) on Feb. 15. Conveyed to the Governor. Approved by the Governor on March 20, effective July 1, chapter 652. | ||
| Bill Number: HB 2855 | Patron: Moran | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Courts of Justice | ||
| Bill Title: Permission of the Federal Government to Execute Search Warrants in Virginia | ||
| Summary: Allows an agent of the U.S. Dept. of Homeland Security and any inspector, law enforcement official, or police personnel of the U.S. Postal Inspection Service to execute a search warrant in Virginia. | ||
| Status: Reported out of committee (17-Y, 3-N) on Feb. 2. Passed the House (94-Y, 4-N) on Feb. 6. Referred to Senate Courts of Justice on Feb. 7. Reported from committee (14-Y, 0-N) on Feb. 19. Passed by the Senate (40-Y, 0-N) on Feb. 21. Conveyed to the Governor. Approved by the Governor on March 15, effective July 1, chapter 416. | ||
| Bill Number: HB 3034 | Patron: Bell | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Courts of Justice | ||
| Bill Title: DNA analysis; Probation Officer Shall Review Local Inmate Data System and Report Identity of Offender | ||
| Summary: The bill creates an exception for the collection and use of a DNA sample if taken mistakenly in good faith. The good faith collection sample of DNA does not invalidate the sample's use in the data bank. Additionally, the detention, arrest, or conviction of a person based upon the data bank match is not invalidated if sample was obtained in good faith. | ||
| Status: Reported from committee (20-Y, 0-N) on Feb. 2. Passed the House (99-Y, 0-N) on Feb. 6. Referred to Senate Courts of Justice on Feb. 7. Reported from committee with a substitute (15-Y, 0-N) on Feb. 19. Passed by the Senate with a substitute (40-Y, 0-N) on Feb. 21. Passed by the House (97-Y, 0-N) on Feb. 22. Senate substitute version agreed to by the House and adopted (97-Y, 0-N) on Feb. 22. Conveyed to the Governor. Approved by the Governor on March 19, effective July 1, chapter 528. | ||
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| Bill Number: HB 2347 | Patron: Gilbert | ACLU Position: Oppose |
| Committee: House Courts of Justice/Senate Courts of Justice | ||
| Bill Title: Killing of a witness as capital crime | ||
| Summary: Makes it a capital crime to kill any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case. | ||
| Status: Reported from House Courts of Justice (18-Y, 0-N) on Jan. 22. Reported from the House of Delegates (83-Y, 13-N) on Jan. 26. Referred to Senate Courts of Justice on Jan. 29. Reported from Senate Courts of Justice with amendments (12-Y, 2-N) on Feb. 7. Passed by the Senate (39-Y, 0-N) on Feb. 9. Senate amendments agreed to and passed by the House (87-Y, 7-N) on Feb. 14. Signed by the Speaker of the House on Feb. 21. Signed by the President of the Senate on Feb. 22. Conveyed to the Governor. Vetoed by the Governor on March 26. House of Delegates overrode the Governor's veto (83-Y, 16-N) on April 4. Senate passed the enrolled form (29-Y, 10-N) on April 4. Governor's veto was overridden. | ||
| Bill Number: HB 2750 | Patron: Hurt | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Courts of Justice | ||
| Bill Title: Killing of a judge or justice as capital crime | ||
| Summary: Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose on interfering with his official duties is punishable as capital murder. | ||
| Status: Reported from House Courts of Justice with substitute (18-Y, 0-N) on Jan. 22. Reported from the House of Delegates (81-Y, 14-N) on Jan. 26. Referred to Senate Courts of Justice on Jan. 29. Reported from committee (12-Y, 2-N) on Feb. 7. Passed by the Senate (30-Y, 9-N) on Feb. 12. Conveyed to the Governor. Vetoed by the Governor on March 26. House of Delegates overrode the Governor's veto (82-Y, 18-N) on April 4. Senate passed the enrolled form (28-Y, 10-N) on April 4. Governor's veto was overridden. | ||
| Bill Number: SB 1116 | Patron: Rerras | ACLU Position: Oppose |
| Committee: Senate Courts of Justice, House Courts of Justice | ||
| Bill Title: Capital murder; premeditated killing of a judge or witness; redefines triggerman rule | ||
| Summary: Redefines the "triggerman rule," allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. Also provides that the willful, deliberate, and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties is punishable as capital murder | ||
| Status: Reported from the Senate (30-Y, 10-N) on Jan. 23. Referred to House Courts of Justice on Feb. 3. Reported from committee with a substitute (20-Y, 1-N) on Feb. 19. Passed by the House with substitute (82-Y, 12-N) on Feb. 21. House substitute version agreed to by the Senate (31-Y, 9-N) on Feb. 22. Conveyed to the Governor. Vetoed by the Governor on March 26. Senate passed the enrolled form (30-Y, 10-N) on April 4. House of Delegates overrode the Governor's veto (81-Y, 18-N) on April 4. Governor's veto was overridden. | ||
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Voting, Elections, and Access to Government
| Bill Number: HB 1790 | Patron: Griffith | ACLU Position: Oppose |
| Committee: House General Laws, Senate General Laws and Technology | ||
| Bill Title: Denial of Access to Records to Certain Sexual Predators | ||
| Summary: Would prevent persons civilly committed pursuant to the Sexually Violent Predators Act from using the Freedom of Information Act to obtain public records. | ||
| Comment: The ACLU is currently challenging in court the Virginia law preventing prisoners from using the FOIA. This bill would exclude yet another category of persons in Virginia from access to public records. | ||
| Status: Reported out of committee (22-Y, 0-N) on Feb. 1. Passed the House (99-Y, 0-N) on Feb. 6. Assigned to subcommittee #1 on Feb. 8. Reported from committee (14-Y, 0-N) on Feb. 14. Passed the Senate (40-Y, 0-N) on Feb. 19. Conveyed to the Governor. Approved by the Governor on March 19, effective July 1, chapter 438. | ||
| Bill Number: HB 1791 | Patron: Griffith | ACLU Position: Support |
| Committee: House General Laws, Senate General Laws and Technology | ||
| Bill Title: Right to Know Location of Public Records | ||
| Summary: As introduced, required a public body that does not possess records requested under the Freedom of Information Act, but knows their location, to refer the requester to the appropriate place. As amended, the public body must be subject to (Virginia Freedom of Information Act and must be the custodian of the requested records. | ||
| Comment: Under current law, if someone seeks a public record from an agency that does not have the record, the agency is not required to tell the requester where the record is. | ||
| Status: Reported out of committee (22-Y, 0-N) on Feb. 1. Passed the House (99-Y, 0-N) on Feb. 6. Assigned to subcommittee #1 on Feb. 8. Reported from committee with amendments (14-Y, 0-N) on Feb. 14. Passed by the Senate with amendments (40-Y, 0-N) on Feb. 19. Senate amendments rejected by the House (0-Y, 96-N) on Feb. 21. Conference report agreed to by the Senate (38-Y, 0-N) on Feb. 24. Conference report agreed to by the House (98-Y, 0-N) on Feb. 24. Conveyed to the Governor. Approved by the Governor on March 19, effective July 1, chapter 439. | ||
| Bill Number: HB 3168 | Patron: Dance | ACLU Position: Monitoring |
| Committee: House Privileges and Elections, Senate Privileges and Elections | ||
| Bill Title: Rights of Voters Who Register at the DMV | ||
| Summary: Original bill required the DMV to forward voter registration applications to elections officials within three days and allowed transmission by fax or email. Allowed voter whose name is not on the poll book to cast a ballot at the polling place (rather than by provisional ballot) if he or she presented proof of timely registration at a DMV office. As amended, however, the bill would permit voters to vote only by provisional ballot after meeting certain requirements of proof that the voter registered in a timely manner. | ||
| Comment: One of the most frequent complaints received from voters is that they registered at the DMV, but were informed on Election Day they were not in the poll book (and thus were required to vote by provisional ballot or sometimes not allowed to vote at all). As introduced, this bill facilitated communications between the DMV and local registrars and allowed voters not in the poll book to vote if they can offer proof that they registered at the DMV in a timely manner. As amended, though, the bill does almost nothing. | ||
| Status: Reported out of committee with substitute (22-Y, 0-N) on Feb. 2. Passed by the House of Delegates (96-Y, 1-N) on Feb. 6. Referred to Senate Privileges and Elections on Feb. 7. Reported from committee (15-Y, 0-N) on Feb. 13. Senate substitute introduced and rejected by the Senate (18-Y, 20-N) on Feb. 21. Passed by the Senate (39-Y, 0-N) on Feb. 22. Conveyed to the Governor. Approved by the Governor on March 20, effective July 1, chapter 692. | ||
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Free Expression
| Bill Number: HB 1643 | Patron: Landes | ACLU Position: Oppose |
| Committee: House Education, Higher Education subcommittee | ||
| Bill Title: Intellectual Diversity on College Campuses | ||
| Summary: Requires public colleges to develop "intellectual diversity" programs and report annually on their progress to the State Council on Higher Education. | ||
| Comment: The ACLU of Virginia supports intellectual diversity at public universities, but we are concerned that a state law mandating annual reporting on intellectual diversity will result in universities giving undue creditability to some ideas merely for the sake of diversity, rather than accepting or rejecting those ideas based on the kind of rigorous debate expected in the marketplace of ideas. The ACLU of Virginia remains open to other actions of the General Assembly designed to ensure that college campuses foster academic freedom, but we do not support this particular measure. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 1733 | Patron: Fralin | ACLU Position: Support |
| Committee: House General Laws, Housing subcommittee | ||
| Bill Title: Tenants' Right to Display Campaign Signs | ||
| Summary: The bill would give tenants in detached single-family units the right to display campaign or election signs on premises. | ||
| Comment: Because tenants do not own the property they rent, landlords may, as a condition of the lease, prohibit political signs. This bill would prevent landlords from imposing such restrictions on tenants. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 1769 | Patron: Brink | ACLU Position: Support |
| Committee: House Privileges and Elections, subcommittee #2 | ||
| Bill Title: Campaign Apparel in Polling Places | ||
| Summary: The bill would permit voters to wear stickers, buttons, shirts, hats, or other apparel on which a candidate's name or political slogan appears when approaching or entering a polling place. | ||
| Comment: Although the ACLU believes the First Amendment protects the right to wear such apparel, Virginia law is unclear in this regard, leading some registrars to ban such apparel in polling places. Some voters have been made to leave polling places prior to voting. This bill does not affect the prohibition against "electioneering" in or near polling places. | ||
| Status: Reported from House Privileges and Elections (22-Y 0-N) on Jan 12. Rereferred to House Privileges and Elections Committee on Jan. 18. Tabled in committee on Jan. 26. | ||
| Bill Number: HB 2731 | Patron: Englin | ACLU Position: Support |
| Committee: House General Laws | ||
| Bill Title: Rights of public employees to contact public officials | ||
| Summary: Guarantees state and local employees the right to express their opinions on matters of public concern to state or local public officials or officers. | ||
| Status: Failed in the House (45-Y, 48-N, 1-A) on Feb. 5. | ||
| Bill Number: HB 3194 | Patron: Ware | ACLU Position: Support |
| Committee: House Courts of Justice, Civil Law subcommittee, Senate Courts of Justice | ||
| Bill Title: Immunity When Speaking at Public Hearings | ||
| Summary: Immunizes people who speak at public hearings of a governmental entity so long as they are speaking on matters properly before the governing body. | ||
| Comment: This law would give private citizens speaking at public hearings the same immunity against defamation actions that elected officials already enjoy. The bill would be stronger if it also included protections for written statements submitted to governing bodies. | ||
| Status: Passed by the House (97-Y, 0-N) on Feb. 6. Referred to Senate Courts of Justice on Feb. 7. Left in committee on Feb. 19. | ||
| Bill Number: SB 858 | Patron: Reynolds | ACLU Position: Support |
| Committee: Senate Courts of Justice | ||
| Bill Title: Strategic lawsuits against public participation | ||
| Summary: Prohibits malicious, frivolous lawsuits filed solely for the purpose of preventing a person from publicly expressing his or her opinion as protected by the First Amendment. | ||
| Comment: Creates sanctions for entities that bring SLAPP suits (Strategic Lawsuits Against Public Participation) in order to chill those who would speak against them in public. The ACLU is well aware that the right to bring lawsuits is protected by the First Amendment, but is satisfied this bill is properly written so that it protects the rights of public speakers without unfairly restricting access to the courts. | ||
| Status: SB 858 was incorporated into SB 1250. Reported from committee (15-Y, 0-N) on Jan. 29. | ||
| Bill Number: SB 964 | Patron: Puller | ACLU Position: Support |
| Committee: Senate General Laws and Technology | ||
| Bill Title: Display of Political Signs | ||
| Summary: Protects the rights of homeowners in subdivisions to display their political signs in their yards even when they may be prohibited by the rules and regulations of their local homeowners' associations. | ||
| Comment: Along with the usual panoply of rules designed to protect the aesthetics of their subdivisions, many homeowners' associations ban campaign signs even during the run-up to Election Day. This bill would allow associations to adopt reasonable regulations regarding the size and tenure of campaign signs, but not outright bans. The bill does not interfere with the other restrictions typically imposed by homeowners' associations, nor does it affect such bans if they are incorporated into the subdivision's declaration. | ||
| Status: Stricken at the request of the patron (9-Y, 0-N) on Jan. 31. | ||
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Religious Rights
| Bill Number: HJ 724 | Patron: Carrico | ACLU Position: Oppose |
| Committee: House Privileges and Elections, subcommittee #1 | ||
| Bill Title: Constitutional amendment- religious freedom | ||
| Summary: Amends the Virginia Constitution to permit prayer and the recognition of "religious beliefs, heritage, and traditions on public property, including public schools." | ||
| Comment: Amends the portion of the Virginia Constitution that incorporates Thomas Jefferson's Statute for Religious Freedom, with the intention, it appears, to promote government-sanctioned religion in public schools. | ||
| Status: Left in committee on Feb. 6. | ||
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Equal/Civil Rights
| Bill Number: HB 1618 | Patron: Frederick | ACLU Position: Oppose |
| Committee: House General Laws, Senate Courts of Justice | ||
| Bill Title: State Enforcement of Federal Immigration Laws | ||
| Summary: Would authorize the Governor and other eligible persons to enter into agreement with the United States Department of Homeland Security, Immigration and Customs Enforcement to permit the state police to enforce federal immigration laws. | ||
| Comment: The Constitution vests the federal government with the authority to oversee immigration. The ACLU of Virginia is concerned that state enforcement in a time of strong anti-immigrant bias would lead to discriminatory treatment of immigrants. | ||
| Status: Reported from committee (16-Y, 6-N) on Jan. 25. Passed the House (69-Y, 31-N) on Jan. 31. Referred to Senate General Laws and Technology on Feb. 1. Rereferred from Senate General Laws and Technology (13-Y, 0-N) on Feb. 7. Referred to Senate Courts of Justice on Feb. 7. Passed by indefinitely in Senate Courts of Justice (11-Y, 3-N) on Feb. 14. | ||
| Bill Number: HB 1656 | Patron: Lohr | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Cost of court interpreters for guilty parties | ||
| Summary: Requires the fee for an interpreter for a non-English-speaking defendant to be assessed against the defendant if he or she is found guilty. | ||
| Comment: Adds additional monetary burden for those who can least afford it. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 1727 | Patron: Lohr | ACLU Position: Oppose |
| Committee: House Education, Senate Education and Health | ||
| Bill Title: Parental Permission for School Club Participation | ||
| Summary: Would require prior written permission from a parent or legal guardian before any student could become a member of, or attend, a meeting of a non-curriculum-related student organization. | ||
| Comment: The bill is being touted by anti-gay organizations as a way of curtailing the formation of Gay-Straight Student Alliances in public schools by forcing students to obtain parental permission before joining such groups. | ||
| Status: Defeated in House Education committee (10-Y, 10-N) on Jan. 17. Reconsidered and amended. Reported out of the House of Delegates (82-Y, 15-N) on Jan. 30. Referred to Senate Education and Health, public education subcommittee on Feb. 6. Amended and reported from subcommittee (3-Y, 2-N) on Feb. 9. Failed to Report from Senate General Laws and Technology Committee (6-Y, 9-N) on Feb. 15. | ||
| Bill Number: HB 1918 | Patron: Cole | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Local Law Enforcement of Federal Immigration Laws | ||
| Summary: Would allow state and local law enforcement officials to enforce federal immigration laws. Includes everyone from the state police to local sheriffs and conservation officers. | ||
| Comment: The Constitution vests federal government with the authority to oversee immigration. The ACLU of Virginia is concerned that such state and local enforcement in a time of strong anti-immigrant bias would lead to discriminatory treatment of immigrants. | ||
| Status: Incorporated into HB 1970 (Albo) on Feb. 2. | ||
| Bill Number: HB 1961 | Patron: Hargrove | ACLU Position: Oppose |
| Committee: House Education, Higher Education subcommittee | ||
| Bill Title: Prohibition on In-State Tuition for Undocumented Students | ||
| Summary: Prohibits undocumented persons from enrollment in any public institution of higher education in the Commonwealth. | ||
| Status: Incorporated into HB 2623 (Reid) on Jan. 29. | ||
| Bill Number: HB 1970 | Patron: Albo | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Courts of Justice | ||
| Bill Title: Authority to Arrest Illegal Immigrants | ||
| Summary: In addition to a federal offense, it makes it illegal to be an illegal immigrant in Virginia. It also gives all law enforcement officers in Virginia, including sheriffs and conservation officers, the authority to enforce federal immigration laws. | ||
| Status: Reported from House Courts of Justice committee (15-Y, 5-N) on Feb. 2. Passed by the House of Delegates (70-Y, 28-N) on Feb. 6. Referred to Senate Courts of Justice on Feb. 7. Killed in Senate Courts of Justice on Feb. 15. | ||
| Bill Number: HB 2111 | Patron: Carrico | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Defendants to bear cost of court interpreters | ||
| Summary: Requires that non-English speaking defendants in court cases must pay for court interpreters. | ||
| Comment: Adds additional monetary burden for those who can least afford it. | ||
| Status: Incorporated into HB 3096 (Lohr) on Feb. 2. | ||
| Bill Number: HB 2169 | Patron: Carrico | ACLU Position: Oppose |
| Committee: House Education, Higher Education subcommittee | ||
| Bill Title: Prohibition on In-State Tuition for Undocumented Students | ||
| Summary: Prevents illegal immigrants from receiving state financial aid or in-state tuition rates when attending public colleges in Virginia. | ||
| Status: Incorporated by HB 2623 (Reid) on Jan. 29. | ||
| Bill Number: HB 2252 | Patron: Waddell | ACLU Position: Support |
| Committee: House Committee on Counties, Cities, and Towns, subcommittee #1 | ||
| Bill Title: Prohibiting Sexual Orientation Discrimination in Richmond | ||
| Summary: Allows the City of Richmond to enact an ordinance prohibiting discrimination on the basis of sexual orientation in housing, employment, and public accommodations. | ||
| Status: Tabled in House Committee on Counties, Cities and Towns (13-Y, 8-N) on Feb. 2. | ||
| Bill Number: HB 2435 | Patron: Albo | ACLU Position: Oppose |
| Committee: House Courts of Justice | ||
| Bill Title: Prohibition on Domicile | ||
| Summary: Prohibits undocumented persons from obtaining a legal domicile in Virginia. Includes access to service such as eligibility for in-state tuition rates, educational grants, juvenile medical care and eligibility for Workforce Training Access Program and Fund, which provides job skill training to citizens of the |
||
| Comment: The ability to exercise many fundamental rights and access to basic benefits depends on having a domicile. | ||
| Status: Left in Courts on Feb. 6. | ||
| Bill Number: HB 2605 | Patron: Watts | ACLU Position: Oppose |
| Committee: House Commerce and Labor, Senate Commerce and Labor | ||
| Bill Title: Employment Verification | ||
| Summary: Prohibits falsely representing that an alien worker has documentation indicating that he is legally eligible for employment. | ||
| Comment: The ACLU of Virginia is opposed to any discriminatory effects that anti-immigration legislation may have against persons based upon race and national origin. | ||
| Status: Reported from committee with amendments (20-Y, 0-N) on Jan. 23. Passed by the House (98-Y, 0-N) on Jan. 29. Referred to Senate Commerce and Labor committee on Jan 30. Rereferred from Commerce and Labor (15-Y, 0-N) on Feb. 19. Referred to Senate Courts of Justice on Feb. 19. Failed to report (6-Y, 8-N) on Feb. 19. | ||
| Bill Number: HB 2622 | Patron: Reid | ACLU Position: Oppose |
| Committee: House Appropriations, Senate Courts of Justice | ||
| Bill Title: Harboring of Illegal Aliens | ||
| Summary: Makes it a felony to conceal, harbor, or shield from detection any alien or to conspire to do so. | ||
| Status: Passed by the House of Delegates (89-Y, 9-N) on Feb. 6. Referred to Senate Courts of Justice on Feb. 7. Passed by indefinitely in Senate Courts of Justice (8-Y, 7-N) on Feb. 14. | ||
| Bill Number: HB 2623 | Patron: Reid | ACLU Position: Oppose |
| Committee: House Education, Senate Education and Health | ||
| Bill Title: Prohibits In-State Tuition for Undocumented Students | ||
| Summary: Prohibits undocumented persons without legal domicile in Virginia from receiving in-state tuition eligibility. | ||
| Status: Passed by the House (74-Y, 23-N) on Feb. 1. Referred to Senate Education and Health on Feb. 2. Assigned to Higher Education subcommittee on Feb. 7. Passed by indefinitely (3-Y, 0-N, 1-A) on Feb. 13. Passed by indefinitely by full Senate Education and Health Committee (8-Y, 7-N) on Feb. 15. | ||
| Bill Number: HB 2744 | Patron: Englin | ACLU Position: Support |
| Committee: House General Laws | ||
| Bill Title: Fair Housing Law, source of income discrimination | ||
| Summary: Prohibits discrimination in housing because the source of income of the tenant or buyer is a federal subsidy or proceeds from a bequest, life insurance policy, annuity, or other like source. | ||
| Status: Stricken from the docket on Feb. 1. | ||
| Bill Number: HB 2926 | Patron: Rust | ACLU Position: Oppose |
| Committee: House Militia, Police and Public Safety, Senate Courts of Justice | ||
| Bill Title: Powers of Law Enforcement Officers | ||
| Summary: Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security. The bill also allows the Department of Corrections to receive any person into a state or local facility committed under the authority of the United States. | ||
| Status: Reported from Militia, Police and Public Safety with substitute (21-Y 0-N) on Jan. 26. Reported from Appropriations (23-Y 0-N) on Feb. 2. Passed the House (92-Y, 6-N) on Feb. 6. Passed by indefinitely in Senate Courts of Justice (11-Y, 4-N) on Feb. 14. | ||
| Bill Number: HB 2933 | Patron: Miller, J.H. | ACLU Position: Oppose |
| Committee: House Militia, Police and Public Safety, Senate Courts of Justice | ||
| Bill Title: Agreement with Federal Government to Enforce Immigration | ||
| Summary: Requires that Virginia enter into an agreement with the federal government to authorize the State Police and the Department of Corrections to enforce federal immigration laws. | ||
| Comment: The ACLU believes that federal immigration laws should be enforced by agents of the federal government. Expansion of enforcement to state law enforcement officials that are not thoroughly trained in immigration law may lead to arbitrary or selective enforcement of the law on the basis of race and national origin. | ||
| Status: Incorporated by HB 2926 (Rust). HB 2926 was passed by indefinitely in Senate Courts of Justice (11-Y, 4-N) on Feb. 14. | ||
| Bill Number: HJ 678 | Patron: Ebbin | ACLU Position: Support |
| Committee: Senate Privileges and Elections | ||
| Bill Title: Amendment to Anti-Gay Marriage Amendment | ||
| Summary: Amends the anti-gay marriage amendment approved by Virginia voters in November 2006 by adding a savings clause stating: Any right, benefit, obligation or status pertaining to persons not married is otherwise not altered or abridged by this section. | ||
| Comment: The purpose of the bill is to restore the rights threatened by the section of the anti-gay marriage amendment that bans legal recognition of relationships between unmarried individuals that "approximate the design, qualities, significance, or effects of marriage." | ||
| Status: Passed by indefinitely on Jan. 19. | ||
| Bill Number: HJ 721 | Patron: Englin | ACLU Position: Support |
| Committee: Senate Privileges and Elections | ||
| Bill Title: Repeals the Marriage Amendment | ||
| Summary: Repeals of the constitutional amendment that defined marriage as "only a union between one man and one woman," and prohibits creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. | ||
| Comment: The purpose of the bill is to remove discrimination from the Constitution of Virginia. | ||
| Status: Passed by indefinitely on Jan. 19. | ||
| Bill Number: SB 820 | Patron: Devolites Davis | ACLU Position: Support |
| Committee: Senate General Laws and Technology | ||
| Bill Title: Employment Discrimination | ||
| Summary: Would ban employment discrimination on the basis of sexual orientation in state agencies. | ||
| Status: In committee | ||
| Bill Number: SB 1204 | Patron: Hanger | ACLU Position: Oppose |
| Committee: Senate Education and Health, House Education | ||
| Bill Title: Prohibits In-State Tuition for Illegal Immigrants | ||
| Summary: As passed by the Senate, prohibits in-state tuition for illegal immigrants but provides an exception for some students. The version passed by the House has no exceptions. | ||
| Comment: The House and Senate versions of this bill are significantly different. The Senate version allows in-state tuition for unlawful residents who meet certain requirements (e.g., they must have lived with parent for three years while attending HS, have graduated from a Virginia high school, and have applied for permanent residency). The House version has no exceptions. A conference committee will determine if the bills can be reconciled. | ||
| Status: Reported from Senate Education and Health Committee with amendments (13-Y, 2-N) on Jan. 18. Passed by the Senate (32-Y, 8-N) on Jan. 23. Referred to House Education on Feb 5. Reported from House Education committee with a substitute (19-Y, 2-N) on Feb. 14. Substitute adopted by the House (76-Y, 21-N) on Feb. 16. Passed the House (81-Y, 16-N) on Feb. 16. House substitute rejected by the Senate (5-Y, 35-N) on Feb. 20. Conference requested on Feb. 22. Failed to passed the Senate on Feb. 24. | ||
| Bill Number: SJ 307 | Patron: Miller | ACLU Position: Support |
| Committee: Senate Privileges and Elections , House Privileges and Elections | ||
| Bill Title: Restoration of Voting Rights for Felons | ||
| Summary: Would amend the state Constitution to permit the General Assembly to enact a law for the restoration of civil rights for convicted felons who have completed their sentences. | ||
| Comment: Only the Governor has the power to restore voting rights under current law. Minority voters are disproportionately affected by this law. The ACLU of Virginia believes that voting rights should be restored once a convicted felon has completed his or her sentence. | ||
| Status: Passed by the Senate (29-Y, 10-N) on Jan. 25. Referred to House Privileges and Elections on Feb. 6. Assigned to subcommittee #1 on Feb. 8. Failed to report from House subcommittee (2-Y, 3-N) on Feb. 15. | ||
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Privacy
| Bill Number: HB 1773 | Patron: Cosgrove | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Prior Approval for Certain Search Warrants | ||
| Summary: Would require prior approval by the local Commonwealth's attorney before a warrant for arrest is issued against an accused law enforcement officer or public school employee when the alleged offense is to have occurred while the accused was in performance of official duties. | ||
| Comment: All citizens should be subject to the same rules regarding search warrants. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2060 | Patron: McQuigg | ACLU Position: Support |
| Committee: House General Laws | ||
| Bill Title: Protecting Social Security Numbers from public distribution | ||
| Summary: Prohibits anyone from disseminating to the public another person's Social Security Number | ||
| Status: Tabled in House General Laws (Jan. 16). | ||
| Bill Number: HB 2821 | Patron: Sickles | ACLU Position: Support |
| Committee: House General Laws, FOIA/Procurement subcommittee | ||
| Bill Title: Exemption of Social Security Records from Public Records | ||
| Summary: Exempts from the mandatory disclosure requirements of the Freedom of Information Act those portions of records containing an individual's social security number, however access is not denied to the person who is subject of the records. | ||
| Status: Passed by in committee with a letter on Jan. 25. | ||
| Bill Number: SB 819 | Patron: Cuccinelli | ACLU Position: Support |
| Committee: House General Laws and Technology, subcommittee #1 | ||
| Bill Title: Excluding Private Information from FOIA Requests | ||
| Summary: Would require removal of date of birth, social security number, driver's license number, bank account numbers, and other personal information from public records before they are distributed under Freedom of Information Act requests. | ||
| Status: In subcommittee | ||
| Bill Number: SB 823 | Patron: Devolites Davis | ACLU Position: Support |
| Committee: House General Laws and Technology | ||
| Bill Title: Prohibiting Public Dissemination of Social Security Numbers | ||
| Summary: Prohibits the intentional communication to the general public of another person's social security number, regardless of whether the social security number was obtained from a public record or from a private source. | ||
| Status: Left in committee on Jan. 31. | ||
| Bill Number: SB 1178 | Patron: Stolle | ACLU Position: Oppose |
| Committee: Senate Courts of Justice | ||
| Bill Title: Access to Confidential Juvenile Records | ||
| Summary: Permits a law enforcement agency, attorney for the Commonwealth, school administration, or probation officer to access juvenile records without having to obtain a court order. | ||
| Status: Left in committee on Feb. 6. | ||
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| Bill Number: HB 1631 | Patron: Jones | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Feticide | ||
| Summary: Would make the killing of a fetus by any person, including a pregnant woman who kills her own fetus, a felony punishable by a maximum of forty years. | ||
| Comment: Feticide is already illegal in Virginia, but it only applies when the act is committed by person other than the pregnant woman. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 1665 | Patron: Marshall | ACLU Position: Oppose |
| Committee: House Courts of Justice , Senate Education and Health | ||
| Bill Title: Forced or Coerced Abortion | ||
| Summary: Would prohibit any person from forcing or coercing a pregnant female to have an abortion. Forces or coerces is defined as any act or attempted act including a threat of physical, emotional, financial, or psychological harm. | ||
| Comment: Abortions should never be coerced, but this bill could infringe on the free speech right to express an opinion on a woman's decision to have an abortion. | ||
| Status: Reported out of House Courts of Justice with amendments (5-Y, 3-N) on Jan. 19. Reported from the House of Delegates (71-Y, 27-N) on Jan. 26. Passed by indefinitely in Senate Education and Health Committee (9-Y, 6-N) on Feb. 1. | ||
| Bill Number: HB 1883 | Patron: Marshall | ACLU Position: Oppose |
| Committee: House Health, Welfare and Institutions, Senate Education and Health | ||
| Bill Title: Licensure of Abortion Clinics | ||
| Summary: Requires abortion clinics that perform 25 or more procedures per year to have same equipment and facilities as ambulatory surgery centers. | ||
| Comment: Creates unnecessary and expensive requirements for abortion clinics. | ||
| Status: House of Delegates vote (60-Y, 35-N). Referred to Senate Committee on Education and Health. Passed by indefinitely in Senate Education and Health Committee (8-Y, 7-N) on Feb. 1. | ||
| Bill Number: HB 2123 | Patron: Marshall | ACLU Position: Oppose |
| Committee: House Health, Welfare and Institutions | ||
| Bill Title: Fertility treatments; disclosure required of egg donors | ||
| Summary: Requires physicians to disclose to any woman donating ova for use by another person all known risks of such donation and prohibits the anonymous donation of gametes for use in the treatment of infertility. | ||
| Status: Failed to reported out of subcommittee on Jan. 29. Passed by indefinitely on Jan. 30. | ||
| Bill Number: HB 2124 | Patron: Marshall | ACLU Position: Oppose |
| Committee: House Courts of Justice | ||
| Bill Title: Abortion illegal if Roe v. Wade overturned | ||
| Summary: If the United States Supreme Court overturns Roe v. Wade, the case assigning the constitutional right of reproduction, Virginia law would revert to pre-Wade status in which abortions were illegal. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2125 | Patron: Marshall | ACLU Position: Oppose |
| Committee: House Courts of Justice | ||
| Bill Title: Procedures for Abortion Provider to Insure Non-Coercion | ||
| Summary: Requires abortion providers to go through a long list of procedures to ensure that the patient's request for an abortion is not the result of intimidation or coercion by others. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2221 | Patron: Amundson | ACLU Position: Support |
| Committee: House Health, Welfare and Institutions | ||
| Bill Title: Birth control defined as not an abortion | ||
| Summary: Birth control methods approved by the U.S. Food and Drug Administration are not considered abortion under Virginia law. | ||
| Comment: Prevents anti-choice legislators from prohibiting the use of approved methods of contraception by claiming that they cause abortions. | ||
| Status: Failed to report from subcommittee (4-Y, 0-N) on Jan. 29. | ||
| Bill Number: HB 2301 | Patron: Cole | ACLU Position: Oppose |
| Committee: House Courts of Justice | ||
| Bill Title: Informed consent amended | ||
| Summary: Adds to the informed consent law a requirement that a physician who is not the person performing the abortion determine the viability of the pregnancy as indicated by the presence of a fetal sac within the uterus and of fetal cardiac activity. | ||
| Comment: This bill dramatically changes the informed consent law from one in which a pregnant woman are provided with certain information in advance of an abortion to one in which a second physician must be consulted. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2337 | Patron: Gilbert | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Ingestion of Drugs by a Pregnant Woman | ||
| Summary: A pregnant female who ingests controlled substances is guilty of child abuse and neglect. | ||
| Comment: Promotes unwarranted policing of the conduct of pregnant females. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2456 | Patron: Cline | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Education and Health | ||
| Bill Title: Requirement to Inform about Anesthesia for Fetuses | ||
| Summary: Requires doctors to offer to anesthetize a fetus prior to abortion and to include in the informational materials a statement that a fetus at twenty weeks feels pain. | ||
| Comment: Creates a presumption that life, defined in part as the ability to feel pain, begins at twenty weeks after conception. | ||
| Status: Reported from House Courts of Justice (13-Y, 6-N) on Feb. 2. Passed by the House of Delegates (69-Y, 29-N) on Feb. 5. Referred to Senate Education and Health committee on Feb. 7. Failed to report from Senate Education and Health Committee (5-Y, 10-N) on Feb. 15. | ||
| Bill Number: HB 2797 | Patron: Marshall | ACLU Position: Oppose |
| Committee: House Privileges and Elections | ||
| Bill Title: Life begins at conception | ||
| Summary: Declares that life begins at the moment of fertilization and the right to enjoyment of life guaranteed by the Constitution of Virginia is vested in each born and pre-born human being from the moment of fertilization. | ||
| Status: Defeated by the House of Delegates (43-Y, 53-N) on Feb. 5. | ||
| Bill Number: HB 2532 | Patron: Landes | ACLU Position: Oppose |
| Committee: House Appropriations, Senate Courts | ||
| Bill Title: Unintentional Death of a Fetus | ||
| Summary: Makes it a felony to recklessly and willfully cause injury to a pregnant woman that results in a miscarriage or stillbirth. | ||
| Comment: As originally introduced, this bill created a presumption that life begins at conception by providing that perpetrators would be guilty of manslaughter. The bill was later amended to make the act a class 5 felony. | ||
| Status: Reported out of House Courts of Justice (16-Y, 2-N) on Jan. 22. Assigned to House Appropriations. Passed the House of Delegates (90-Y, 7-N) on Feb. 5. Referred to Senate Education and Health committee on Feb. 7. Motion to report and re-referred to Courts of Justice (7-Y, 8-N). Passed by indefinitely by Senate Courts (8-Y, 7-N) on Feb. 15. | ||
| Bill Number: HB 2648 | Patron: Jones | ACLU Position: Oppose |
| Committee: House Appropriations, Senate Education and Health | ||
| Bill Title: Producing Abortion or Miscarriage | ||
| Summary: Provides that any person, including the pregnant female, who uses drugs or anything to produce an abortion or miscarriage is guilty of a Class 4 felony. Current law does not include the pregnant female as a possible perpetrator. | ||
| Status: Passed by the House of Delegates (72-Y, 25-N) on Feb. 5. Referred to Senate Education and Health committee on Feb. 7. Failed to report from Senate Education and Health (7-Y, 8-N) on Feb. 15. | ||
| Bill Number: HB 2808 | Patron: Byron | ACLU Position: Oppose |
| Committee: House Privileges and Elections , Senate Education and Health | ||
| Bill Title: Requirement of Ultrasound Testing as a Part of Informed Consent | ||
| Summary: Requires that, as a component of informed consent to an abortion, every pregnant female must sign a form affirming that she was given the opportunity to view an ultrasound image of her unborn child prior to the abortion. | ||
| Status: Passed by the House of Delegates (60-Y, 38-N) on Feb. 6. Referred to Senate Education and Health committee on Feb. 7. Failed to report from Senate Education and Health (6-Y, 9-N) on Feb. 15. | ||
Return to Top of 2007 Bill Listing
Criminal Justice and Due Process
| Bill Number: HB 1656 | Patron: Lohr | ACLU Position: Oppose |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Cost of court interpreters for guilty parties | ||
| Summary: Requires the fee for an interpreter for a non-English-speaking defendant to be assessed against the defendant if he or she is found guilty. | ||
| Comment: Adds additional monetary burden for those criminal defendants who can least afford it. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2907 | Patron: Spruill | ACLU Position: Oppose |
| Committee: Courts of Justice | ||
| Bill Title: DUI License Plates | ||
| Summary: Requires persons convicted of drunk driving a third or subsequent time who have registered motor vehicles in Virginia to use yellow license plates with red letters and numbers for a five-year period. | ||
| Comment: The ACLU doubts the effectiveness of such legislation, likening it to long discredited "Scarlet Letter" types of punishment based on public humiliation rather than sound corrections theory. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2943 | Patron: Miller, J.H. | ACLU Position: Oppose |
| Committee: House Courts of Justice, Senate Courts of Justice | ||
| Bill Title: Right of Police to Arrest and Search | ||
| Summary: Expands the right of police and therefore, search individuals who have been arrested for Class 1 and 2 misdemeanors. | ||
| Comment: Under current law, police are required to issue summons for Class 1 and 2 violations and may only make arrests for these violations under limited circumstances. This bill would give the police the authority to arrest anyone for Class 1 and 2 violations. Once arrested, they may be searched without a warrant. The ACLU believes this is an unnecessary expansion of police authority and that it it likely will be disproportionately used against minorities. | ||
| Status: Reported from House Courts of Justice (17-Y, 3-N) on Feb. 2. Passed the House (74-Y, 23-N) on Feb. 6. Referred to Senate Courts of Justice on Feb. 7. Reported from committee (14-Y, 0-N) on Feb. 19. Failed to report from committee (5-Y, 10-N) on Feb. 19. | ||
| Bill Number: HB 3096 | Patron: Lohr | ACLU Position: Oppose |
| Committee: House Courts of Justice | ||
| Bill Title: Local Fee for Interpreters for Non-English Speaking Persons | ||
| Summary: Allows any locality to provide by ordinance for the imposition of a fee on any person convicted under any criminal statute or ordinance if such person was provided an interpreter paid for by the locality. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: SB 1049 | Patron: Lucas | ACLU Position: Support |
| Committee: Senate Courts of Justice | ||
| Bill Title: Certification of laboratories that perform DNA analysis | ||
| Summary: Provides that all DNA analyses offered as criminal evidence shall have been performed by laboratories accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB). | ||
| Comment: This bill helps ensure the accuracy of DNA analyses in criminal cases | ||
| Status: Left in committee on Feb. 6. | ||
Return to Top of 2007 Bill Listing
Death Penalty
| Bill Number: HB 1960 | Patron: Hargrove | ACLU Position: Support |
| Committee: House Courts of Justice, Criminal Law subcommittee | ||
| Bill Title: Abolishes death penalty | ||
| Summary: Abolishes the death penalty after July 1, 2007. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: HB 2348 SB 1288 |
Patron: Gilbert Obenshain |
ACLU Position: Oppose |
| Committee: House Courts of Justice/ Senate Courts of Justice | ||
| Bill Title: Redefinition of the triggerman rule | ||
| Summary: Eliminates the "triggerman rule," which provides that only the actual perpetrator of a capital murder is eligible for the death penalty. | ||
Status: HB 2348 reported from House Courts of Justice with substitute (18-Y, 1-N) on Jan. 22. HB 2348 reported from the House of Delegates (83-Y, 14-N) on Jan. 26. HB 2348 referred to Senate Courts of Justice on Jan. 29. Passed by the Senate (27-Y, 13-N) on Feb. 14. Conveyed to the Governor. Vetoed by the Governor on March 26. House of Delegates overrode the Governor's veto (79-Y, 21-N) on April 4. Senate rejected the enrolled form (24-Y, 14-N) on April 4. Governor's veto was sustained. SB 1288 reported from the Senate (28-Y, 11-N) on Jan. 23. SB 1288 referred to House Courts of Justice on Feb. 6. SB 1288 reported from House Courts of Justice (20-Y, 1-N) on Feb. 19. SB 1288 was passed by the House (83-Y, 13-N) on Feb. 21. Signed by the Speaker of the House on Feb. 21. Signed by the President of the Senate on Feb. 22. Conveyed to the Governor. Vetoed by the Governor on March 26. Senate rejected the enrolled form (25-Y, 14-N) on April 4. Governor's veto was sustained. | ||
Return to Top of 2007 Bill Listing
Voting, Elections, and Access to Government
| Bill Number: HB 1769 | Patron: Brink | ACLU Position: Support |
| Committee: House Privileges and Elections, subcommittee #2 | ||
| Bill Title: Campaign Apparel in Polling Places | ||
| Summary: The bill would permit voters to wear stickers, buttons, shirts, hats, or other apparel on which a candidate's name or political slogan appears when approaching or entering a polling place. | ||
| Comment: Although the ACLU believes the First Amendment protects the right to wear such apparel, Virginia law is unclear in this regard, leading some registrars to ban such apparel in polling places. Some voters have been made to leave polling places prior to voting. This bill does not affect the prohibition against "electioneering" in or near polling places. | ||
| Status: Reported from House Privileges and Elections (22-Y 0-N) on Jan 12. Rereferred to House Privileges and Elections Committee on Jan. 18. Tabled in committee on Jan. 26. | ||
| Bill Number: HB 2069 | Patron: Brink | ACLU Position: Support |
| Committee: House Privileges and Elections | ||
| Bill Title: Absentee voting allowed for Election Day volunteers | ||
| Summary: Provides that any person who will be commuting to perform volunteer service on Election Day may vote absentee if his commute and service time equals 11 or more hours of the 13 hours that the polls are open. | ||
| Status: Passed by indefinitely in House Privileges and Elections on Jan. 19. | ||
| Bill Number: HB 2574 | Patron: Shannon | ACLU Position: Support |
| Committee: House Privileges and Elections | ||
| Bill Title: Absentee Voting Rights Expanded | ||
| Summary: Allows anyone to vote by absentee ballot | ||
| Status: Passed by indefinitely by the House Privileges and Elections committee. HB 2574 was incorporated into HB 3001 by the House Privileges and Elections committee on Jan. 19. | ||
| Bill Number: HB 2891 | Patron: Phillips | ACLU Position: Support |
| Committee: House Privileges and Elections | ||
| Bill Title: Absentee Voting Rights Expanded | ||
| Summary: Allows anyone to vote by absentee ballot in person from thirty to three days before the election at specified times and at various sites owned by the Commonwealth such as the DMV. | ||
| Status: Passed by indefinitely on Jan. 19. | ||
| Bill Number: HB 2911 | Patron: Spruill | ACLU Position: Support |
| Committee: House Privileges and Elections | ||
| Bill Title: Absentee Voting Expanded | ||
| Summary: Allows any registered voter to vote by absentee ballot in person from seventeen to three days before the election at specified times and at various sites owned by the Commonwealth such as the DMV. | ||
| Status: Passed by indefinitely on Jan. 19. | ||
| Bill Number: HB 3001 | Patron: Scott | ACLU Position: Support |
| Committee: House Privileges and Elections | ||
| Bill Title: Absentee Voting Rights Expanded | ||
| Summary: Allows anyone to vote by absentee ballot | ||
| Status: House Privileges and Elections incorporated HB 2574 (Shannon) on Jan. 19. | ||
| Bill Number: HB 3200 | Patron: Rapp | ACLU Position: Support |
| Committee: House Privileges and Elections, subcommittee #2 | ||
| Bill Title: Rights of Students to Register for Local Elections | ||
| Summary: Creates a presumption that the address given by a full-time student at a Virginia college is her/her proper address for registering to vote whether it is the address where he/she lives while attending school or the address in Virginia where he/she lives when not attending school. | ||
| Comment: The ACLU of Virginia has filed several lawsuits in recent years on behalf of college students who were denied the right to register to vote in the jurisdiction where they were attending college, but who were required to register at their parents' address. In most instances, these students were active in local community affairs where they attended college and did not plan to return to live with their parents after graduation. | ||
| Status: Tabled in committee on Feb. 2. | ||
| Bill Number: HJ 680 | Patron: Jones, D.C. | ACLU Position: Support |
| Committee: House Privileges and Elections | ||
| Bill Title: Restoration of Civil Rights | ||
| Summary: The bill would permit the General Assembly to provide for the restoration of civil rights for persons convicted of felonies who have completed their service of their sentence including any period or condition of probation, parole, or suspension of sentence. | ||
| Comment: Only the Governor has the power to restore voting rights under current law. The ACLU of Virginia believes that voting rights should be restored once a convicted felon has completed his sentence. | ||
| Status: Left in committee on Feb. 6. | ||
| Bill Number: SB 916 | Patron: Howell | ACLU Position: Support |
| Committee: Senate Privileges and Elections, House Privileges and Elections | ||
| Bill Title: Receipts for Voter Registration | ||
| Summary: Provides that the state form for an application to register to vote must contain a receipt that will be given to the applicant by any person accepting the application. | ||
| Status: Reported from Senate (38-Y, 0-N) on Jan. 22. Referred to House Privileges and Elections on Feb. 2. | ||
| Bill Number: SB 920 | Patron: Howell | ACLU Position: Support |
| Committee: House Privileges and Elections, Senate Privileges and Elections | ||
| Bill Title: Absentee Voting | ||
| Summary:Permits qualified voters may vote absentee in person without providing an excuse or reason for not being able to vote in person on election day. The bill retains the present statutory list of specific reasons entitling a voter to cast an absentee ballot for those persons who vote absentee by mail. | ||
| Status: Reported from committee (11-Y, 4-N) on Jan. 23. Passed by the Senate (25-Y, 15-N) on Jan. 29. Referred to House Privileges and Elections committee on Feb. 5. Assigned to subcommittee #2 on Feb. 8. Left in committee on Feb. 20. | ||
| Bill Number: SB 986 | Patron: Deeds | ACLU Position: Support |
| Committee: Senate Privileges and Elections, House Privileges and Elections | ||
| Bill Title: Absentee Voting Compliance with the Americans with Disabilities Act | ||
| Summary: Defines disability in the Virginia Code to be compliant with the Virginians with Disabilities Act and the American Disabilities Act to enable qualified voters with a disability to vote by absentee ballot. | ||
| Comment: Changes the law to expand the term 'disability' to include all disabilities, not just physical disabilities. | ||
| Status: Passed by the Senate (40-Y, 0-N) on Jan. 29. Referred to House Privileges and Elections committee on Feb. 5. Assigned to subcommittee #3 on Feb. 8. Tabled in committee on Feb. 16. | ||
| Bill Number: SJ 307 | Patron: Miller | ACLU Position: Support |
| Committee: Senate Privileges and Elections, House Privileges and Elections | ||
| Bill Title: Restoration of Voting Rights for Felons | ||
| Summary: Would amend the state Constitution to permit the General Assembly to enact a law for the restoration of civil rights for convicted felons who have completed their sentences. | ||
| Comment: Only the Governor has the power to restore voting rights under current law. The ACLU of Virginia believes that voting rights should be restored once a convicted felon has completed his sentence. | ||
| Status: Reported from Senate (29-Y, 10-N) on Jan. 25. Referred to House Privileges and Elections on Feb. 6. Assigned to subcommittee #1 on Feb. 8. Failed to report from subcommittee (2-Y, 3-N) on Feb. 15. | ||
Updated April 6 , 2007