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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
SB 1149 Sexually violent predators.
Introduced by: Kenneth W. Stolle | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Civil commitment; sexually violent predators. Moves the effective date of the sexually violent predator legislation from 2004 to "effective from its passage." The bill redefines sexually violent offense to include a forcible sexual offense committed prior to July 1, 1981, involving sodomy, object sexual penetration and aggravated sexual battery. A sexually violent predator is defined as a person with a qualifying offense who, because of a mental abnormality or personality disorder, has difficulty controlling his predatory behavior which makes him likely to engage in sexually violent acts and receives a certain minimum score on a sex offender risk assesment instrument. The bill limits the person's ability to raise challenges to the validity of his prior criminal convictions and restricts his right to use evidence in his defense if he refuses to cooperate with his mental examination. Time limits for actions required on behalf of the Commonwealth are extended and primary responsibility for control, care and treatment is placed with the Department of Mental Health, Mental Retardation and Substance Abuse Services or with a private entity with which the Department contracts. The bill changes the standard of proof for finding a person a sexual predator from "beyond a reasonable doubt" to "clear and convincing." This bill is identical to HB 2445.
FULL TEXT
- 01/08/03 Senate: Pres. & ord. printed w/emg. clause pref.01/08/03 038810253 pdf | impact statement
- 02/03/03 Senate: Committee substitute printed 030643536-S1 pdf | impact statement
- 02/18/03 House: Committee substitute printed 038921536-H1 pdf | impact statement
- 02/22/03 Senate: Conference substitute printed 030698536-S2 pdf
- 02/27/03 Senate: Bill text as passed Senate and House (SB1149ER) pdf | impact statement
- 04/02/03 Senate: Reenrolled bill text (SB1149ER2) pdf
- 04/03/03 Governor: Acts of Assembly Chapter text (CHAP1018) pdf
AMENDMENTS
HISTORY
- 01/08/03 Senate: Pres. & ord. printed w/emg. clause pref.01/08/03 038810253
- 01/08/03 Senate: Referred to Committee for Courts of Justice
- 02/02/03 Senate: Reported from Courts of Justice w/sub (14-Y 0-N 1-A)
- 02/03/03 Senate: Committee substitute printed 030643536-S1
- 02/03/03 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/03/03 Senate: VOTE: (39-Y 0-N)
- 02/04/03 Senate: Read second time
- 02/04/03 Senate: Reading of substitute waived
- 02/04/03 Senate: Committee substitute agreed to 030643536-S1
- 02/04/03 Senate: Engrossed by Senate - committee substitute 030643536-S1
- 02/04/03 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/04/03 Senate: VOTE: CONST. RDG. DISPENSED (40-Y 0-N)
- 02/04/03 Senate: Passed Senate (40-Y 0-N)
- 02/04/03 Senate: VOTE: PASSAGE (40-Y 0-N)
- 02/04/03 Senate: Communicated to House
- 02/05/03 House: Placed on Calendar
- 02/05/03 House: Read first time
- 02/05/03 House: Referred to Committee for Courts of Justice
- 02/13/03 House: Assigned to C. J. sub-committee: 1
- 02/17/03 House: Reported from C. J. with substitute (21-Y 0-N)
- 02/18/03 House: Committee substitute printed 038921536-H1
- 02/18/03 House: Read second time
- 02/19/03 House: Read third time
- 02/19/03 House: Committee substitute agreed to 038921536-H1
- 02/19/03 House: Amendments by Del. Griffith agreed to
- 02/19/03 House: Engrossed by House - com. sub. w/amds 038921536-H1
- 02/19/03 House: Passed House with sub. with amendments (97-Y 0-N)
- 02/19/03 House: VOTE: PASSAGE EMERGENCY (97-Y 0-N)
- 02/20/03 Senate: House sub. w/amds. rejected by Senate (2-Y 35-N)
- 02/20/03 Senate: VOTE: REJECTED HOUSE AMENDMENT (2-Y 35-N)
- 02/20/03 House: House insisted on substitute with amendment
- 02/20/03 House: House requested conference committee
- 02/20/03 Senate: Senate acceded to request (39-Y 0-N)
- 02/20/03 Senate: VOTE: ACCEDE CONF. COMM. (39-Y 0-N)
- 02/20/03 Senate: Conferees appointed by Senate
- 02/20/03 Senate: Senators: Stolle, Norment, Howell
- 02/20/03 House: Conferees appointed by House
- 02/20/03 House: Delegates: Griffith, Janis, Barlow
- 02/22/03 Senate: Conference substitute printed 030698536-S2
- 02/22/03 Conference: Sub. recommended by conference comm. 030698536-S2
- 02/22/03 Senate: Reading of conference report waived
- 02/22/03 Senate: Conference report agreed to by Senate (40-Y 0-N)
- 02/22/03 Senate: VOTE: CONF. COMMITTEE RPT. (40-Y 0-N)
- 02/22/03 House: Conference report agreed to by House (99-Y 0-N)
- 02/22/03 House: VOTE: ADOPTION (99-Y 0-N)
- 02/27/03 Senate: Bill text as passed Senate and House (SB1149ER)
- 03/05/03 Senate: Enrolled
- 03/05/03 House: Signed by Speaker
- 03/06/03 Senate: Signed by President
- 03/24/03 Senate: Governor's recommendation received by Senate
- 04/02/03 Senate: Placed on Calendar
- 04/02/03 Senate: Senate concurred in Gov's recommendation (40-Y 0-N)
- 04/02/03 Senate: VOTE: ADOPT GOV. RECOMM. (40-Y 0-N)
- 04/02/03 House: House concurred in Gov's recommendation (95-Y 0-N)
- 04/02/03 House: VOTE: ADOPTION (95-Y 0-N)
- 04/02/03 Governor: Governor's recommendation adopted
- 04/02/03 House: Reenrolled
- 04/02/03 Senate: Signed by President as reenrolled
- 04/02/03 House: Signed by Speaker as reenrolled
- 04/02/03 House: Enacted, Chapter 1018 (effective 4/2/03)
- 04/02/03 Senate: Reenrolled bill text (SB1149ER2)
- 04/03/03 Governor: Acts of Assembly Chapter text (CHAP1018)