For Release: Feb. 28, 2007
Contact: J. Tucker Martin or David Clementson
Email: tucker.martin@oag.state.va.us or dclementson@oag.state.va.us
Phone: 804-786-2071
McDonnell Highlights Success of ‘Protecting Virginia’s Future’ Legislative Agenda
-93% of McDonnell’s Proposals Pass General Assembly-
Richmond - Virginia Attorney General Bob McDonnell today highlighted the success of his “Protecting Virginia’s Future” 2007 legislative agenda at an afternoon press conference in Richmond. The agenda, consisting only of bills worked on, or crafted by, the Office of the Attorney General, is highlighted by legislation to implement a “Senior Alert” in Virginia; historic eminent domain reform adding new protections for private property owners; and Internet Safety proposals that will continue Virginia’s reputation as being the national leader in online safety issues.
McDonnell’s agenda also includes measures to protect victims of domestic violence, better secure the Commonwealth in case of disaster, and to provide mental health care to children without disrupting families. Finally, the Office of the Attorney General devoted a significant amount of time this legislative session to facilitating negotiations on the issue of electric re-regulation in its capacity as consumer counsel. McDonnell insisted upon numerous protections for Virginia’s consumers in the final version of this legislation.
Speaking about the success of the “Protecting Virginia’s Future” legislative agenda, McDonnell noted, “Our initiatives this year were focused on securing a safe and strong future for the Commonwealth. Thanks to the sponsors of these legislative proposals we have achieved some significant public-safety advances and consumer protections for the people of Virginia.”
McDonnell continued remarking, “With the Governor’s anticipated approval, our children will be safer online, our seniors will be better protected if they are missing, our Commonwealth will be more prepared for disasters, and Virginia property owners will be more secure in their right to own and enjoy private property. I once again thank the legislators who worked hard to move this legislation forward.”
The “Protecting Virginia’s Future” agenda ultimately consisted of 43 bills, up from 32 at the time of the announcement of the package in January. Of those 43 bills, 40 passed the General Assembly, for a 93% success rate. Taken together with last year’s legislative agenda, which saw 20 of 21 initiatives passed, this means McDonnell has seen 60 of his 64 legislative proposals pass the General Assembly through his first two sessions as Attorney General.
The Attorney General’s legislative packages consist solely of measures that have been worked on, or crafted by, the Office of the Attorney General.
Attorney General Bob McDonnell’s 2007 Legislative Agenda
“Protecting Virginia’s Future”
Protecting our Senior Citizens from Harm
Crimes Against Seniors (O’Brien and Cline)
- Increases the penalties for any person who abuses or neglects an incapacitated adult and the abuse or neglect results in the death of the incapacitated adult.
Senior Alert (Rerras and Dudley)
- Creates a Senior Alert modeled on Virginia’s Amber Alert, when elderly adults with cognitive impairments are missing and the disappearance poses a credible threat to the adult’s health and safety.
- Authorizes the State Police to coordinate regional alerts and to develop model policies that local law enforcement and media representatives may implement voluntarily in their areas to ensure a coordinated effort in finding those adults with a cognitive impairment who are lost are found more quickly.
Protecting our Children from Internet Sexual Predators
Internet Safety – E-Mail Registration and Increased penalties for Child Porn and Online Solicitation
(McDougle and Hurt):
§ Requires registration of all email addresses and other online identities as part of the Sex Offender Registry.
§ Authorizes the State Police to provide certain information to social networking websites such as MySpace.com and Facebook.com.
§ Creates mandatory-minimum sentences for production and distribution of child pornography and online solicitation of children. These mandatory minimums will be especially harsh for offenses involving child victims below 15 years of age.
§ Both versions passed.
Internet Safety - Youth Internet Safety Fund (Callahan)
§ Establishes the Youth Internet Safety Fund for a Prevention and Awareness Campaign about dangers of the Internet. Will permit an ongoing public education and awareness program for parents and children through TV, radio, DVD’s and other promotional materials.
§ Passed.
Internet Safety – Warrants, Subpeonas, Bail and Asset Forfeiture
(Obenshain and Bell)
§ Expands asset forfeiture provisions to include possession of child pornography and online solicitation cases.
§ Includes on-line child solicitation and production of child pornography cases in the presumption against bail.
§ Allows Commonwealth’s Attorneys to issue administrative subpoenas to Internet Service Providers for computer-facilitated child exploitation investigations.
§ Both versions passed.
Protecting our Commonwealth during a Crisis
Emergency Preparedness
(Wampler, Newman, Cuccinelli and Hamilton, Sherwood, O’Bannon)
- Expands the Governor’s authority to assist a sister state’s request for aid without having to declare a state of an emergency.
- Expands the ability of law enforcement and medical personnel to carry out their duties during an emergency such as administering and dispensing of drugs by authorized personnel.
- Streamlines and enhances procedures relating to the issuance, appeal, and delivery of orders of isolation and quarantine.
- Increases the membership of the Secure Commonwealth Panel to include other important stakeholders.
- Establishes a joint subcommittee to study the problems associated with liability issues for healthcare providers during a state of emergency.
- Protects law enforcement personnel who enforce a quarantine or isolation order by inform them of potential exposure they receive from those they quarantine.
- Permits a locality to enter into mutual aid agreements with a neighboring locality of another state that has declared a state of emergency.
- Clarifies that local law enforcement officers are authorized to deliver, serve, execute and enforce orders of isolation and quarantine.
Protecting our Citizens’ Private Property Rights
Eminent Domain (Bell, Cuccinelli, Newman and Norment)
- Provides property can only be taken when the public interest dominates the private gain and the primary purpose of the taking is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment.
- Provides that a property owner may challenge that a taking is a pretext for an unauthorized use.
- Places new limitations upon the Housing Authority ability to condemn for blight.
Ensuring our Victims’ Rights
Domestic Violence Victims – Protective Orders (Obenshain and Lohr)
- Enhances the penalties for multiple violations of a protective order that involves an act or threat of violence with a mandatory minimum sentence of 60 days for the second offense and 6 months for a third or subsequent violation.
Victim’s Rights (Norment and Welch, Gilbert, E. Scott)
- Ensures victims may testify during the sentencing phase of a defendant’s case.
- Permits evidence of a defendant’s prior criminal history including the conviction and imposed punishment during the sentencing phase of trial.
Keeping our Families Together
Comprehensive Services Act (Devolites Davis and Fralin)
- Expands eligibility for state pool funds to include children requiring mental health services to avoid placement in foster care.
- Allows for further study on the impact of this legislation on the program so the General Assembly can take further action next year.
Protecting our Communities from Violence
Child Stalking (Peace)
- Enhances penalties for those who stalk minors and are ten years or older than their victims.
- Provides mandatory minimum of 60 days to as much as 6 months upon conviction or repeat convictions.
- Did NOT pass the Senate although it passed the House.
Gangs & Terrorism (Albo)
- Punishes those who recruit others to commit acts of terrorism.
- Allows the Attorney General to assist Commonwealth’s Attorneys to prosecute crimes related to gang participation, gang recruitment and terrorism recruitment when such crimes occur in state prisons.
Promoting Second Amendment Rights
Guns – Straw Purchases (Lingamfelter)
- Prevents those attempts not sanctioned by law enforcement authorities to conduct the illegal purchase of firearms in the Commonwealth by misleading gun dealers as to the actual intended purchaser. Specifically, this will prevent New York authorities from targeting Virginia gun dealers for civil lawsuits.
Ensuring Justice for Victims of Capital Murder
Death Penalty- Expansion of (Obenshain and Gilbert)
- Allows for principals in the second degree to be convicted of capital murder and sentenced to death if they were present, aiding and abetting and shared the intent to kill held by the actual perpetrator.
- Allows for accessories before the fact to be convicted of capital murder and sentenced to death if they were not present but directed or ordered a killing.
Supporting Law Enforcement Efforts to Combat Illegal Immigration
Illegal Immigration – Enforcement of Immigration Laws (O’Brien and Rust)
- Clarifies the authority of local and State Police to enter into agreements with ICE to enforce federal criminal immigration laws.
- Allows the Department of Corrections to receive any person into a state facility committed under the authority of the United States
- Did NOT pass the Senate although it passed the House.
Providing Opportunities for our Veterans’ Families
Veteran’s Tuition (O’Brien and Janis)
- Clarifies existing law to ensure that all qualified survivors and dependents of Virginia military personnel attend public institutions of higher education free of tuition and fees when admitted.
- Establishes the Virginia Military Survivors and Dependents Education Fund to provide financial assistance for board and room charges, books and supplies, and other expenses.
- Directs the State Council of Higher Education for Virginia is responsible for disbursing funds appropriated or otherwise made available to support the Fund.
Promoting Health
Organ Donation Act (Frederick)
- Updates Virginia law related to organ donation so that it is similar to other states to promote organ donations and to ensure that the donor’s wishes are met.
Promoting Regulatory Reform
Regulatory Reform (Wagner and Landes)
- Creates a “fast track” removal process for those administrative regulations that are outdated, inefficient or obsolete.
- Streamlines the Administrative Process Act to promote necessary rule making and to provide more flexibility to participants in the process.
Promoting Educational Opportunities
Enforcing Truancy Policies (Lambert and Reid)
- Enables law enforcement, educators and social service entities to facilitate the rehabilitation of juvenile offenders with excessive absences from school to serve the student’s educational needs more promptly and effectively.
Protecting our Citizens’ Voices
Recount Ballot Security (Cosgrove)
- Ensures the integrity of and voter confidence in our electoral system by codifying a process to secure all ballots and election materials when a recount is pending.
Charitable Trusts (Waddell)
- Provides that in a situation where a party is seeking the modification or termination of the original terms of a charitable trust, sufficient notice to the public must be made to allow them to share their views with the Attorney General.
