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For Release: March 14, 2008
Contact: David Clementson
Email: dclementson@oag.state.va.us
Phone: 804-786-2071

Attorney General McDonnell Highlights Successful 2008 Legislative Agenda

Improved Immigration Authority, Animal Fighting Crackdown, Mental Health Reform

Attorney General’s Legislation Enjoys Three-Year Success Rate of 90.5 percent

RICHMOND – Virginia Attorney General Bob McDonnell today highlighted the success of his 2008 legislative agenda.

Among the initiatives passed were bills requiring jail officials to determine the legal status of all inmates, and subsequently requiring the presumption of no bond for illegal aliens charged with certain offenses. The package also included a significant reform of antiquated animal fighting laws in Virginia. A number of critical mental health reforms were passed into law. Finally, several new measures were secured to increase accountability in government.

While McDonnell’s previous legislative agendas have instituted sweeping new measures combating sexual predators, protecting children online, fighting gangs and drug dealers, eliminating regulations, improving homeland security, reducing frivolous prisoner lawsuits and securing private property rights, this year’s legislative package took into account the current tough budget climate and focused on a more effective government, and the implementation of important reforms to address specific current problems in Virginia.

“I thank the Delegates and Senators who carried our legislation this session,” McDonnell said. “We were able to accomplish some important reforms that will have a positive impact for our citizens. I am particularly pleased that we were able to work in a bipartisan manner to address specific issues that have come to light over the past year. State government must address the pressing problems facing our citizens in a manner consistent with its limited, constitutional role.”

McDonnell continued, “I’m delighted that our office was able to lead the way on significant reforms addressing the issues of criminal illegal aliens, our mental health system and animal fighting. Our proposals for facilitating a more open and responsive government received broad support. We also passed important legislation to protect Virginia’s environment, particularly our waterways, from known pollutants. Finally, I am pleased that our initiative to reduce prisoner recidivism also was enacted. My goal as Attorney General is to advance our free enterprise system, strengthen public safety, and improve the quality of life of all Virginians. This agenda has advanced that goal, consistent with other, non-legislative initiatives that are ongoing in our office in my capacity as head of the Department of Law. Chief among these are our efforts, as consumer and legal counsel, to simplify and streamline government and insure that our public safety agencies have the legal resources necessary to reduce crime.”

The Attorney General’s 2008 legislative package consisted of 30 initiatives, of which 25 passed the General Assembly, for an 83 percent success rate. Taken together with the Attorney General’s 2007 agenda, which saw 40 of 43 initiatives pass, and his 2006 agenda, which saw 20 of 21 pass, Attorney General McDonnell has seen 85 of his 94 legislative proposals pass the General Assembly through his three sessions as Attorney General. A success rate of 90.5 percent.

The Attorney General’s legislative packages consist solely of measures that have been worked on, or crafted by, the Office of the Attorney General.

 

The following Attorney General Legislative Initiatives Passed the General Assembly during the 2008 Legislative Session

A Stronger and More Responsive Mental Health System for the 21st Century

Ensure Access to Mental Health Information and Modify Standard for Involuntary Commitment for Mentally Ill
HB499    Patron: Delegate Phil Hamilton (R-Newport News)                         

• Requires mental health providers to share all medical information necessary of persons who are being examined to certain entities and individuals.
• Changes the standards for Emergency Custody Orders, Temporary Orders of Detention, and involuntary commitment to threat of serious physical harm to himself or others.
• Provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available.

Transfer of Critical Mental Health Information to the Central Criminal Records Exchange with Regards to Firearms
HB815          Patron: Delegate David Albo (R-Springfield),
                     Co-Patron Delegate Morgan Griffith (R-Salem)                               

• Requires information regarding involuntary admission to a facility or for mandatory outpatient treatment be forwarded to the Central Criminal Records Exchange for purposes of determining an individual's eligibility to possess, purchase, or transfer a firearm. 
• The bill makes it illegal for a person found incompetent to stand trial and ordered to mental health treatment to possess or purchase a firearm. 
• The bill also makes it illegal for a person who was the subject of a temporary detention order, and subsequently agreed to voluntarily admission for mental health treatment, to possess or purchase a firearm. 

Combating Illegal Immigration

Prohibit Public Contractors from Knowingly Employing Unauthorized Aliens
SB517          Patron: Senator Ken Cuccinelli (R-Fairfax)                              

• Requires public contractors to provide in every written contract that the contractor does not, and shall not knowingly, employ an unauthorized alien.

Establish a Presumption Against Bail for Illegal Aliens Who Commit Crimes
HB440            Patron: Delegate Tom Rust (R-Herndon)                                                    

• Adds a presumption of no bail for any person who is charged with certain crimes who is not lawfully present in the United States.

Cross-Check Info on Inmates Arrested and Currently in DOC and Jails Against LESC Illegal Alien Database
HB820            Patron: Delegate Dave Albo (R-Fairfax),
                       Co-Patron Delegate Tom Rust (R-Herndon)                                                     

• Requires an officer to question a person in his custody at a jail or correctional facility as to whether the person was born in and is a citizen of the United States, and make an immigration alien query with ICE, for certain individuals. They are to communicate results when someone is found to be here illegally to the Local Inmate Data System of the State Compensation Board, which are reported monthly to the Central Criminal Records Exchange.
• Requires the Central Criminal Records Exchange to record an illegal aliens immigration status as part of their criminal history record.

Consumer Protections that Are Good For Business

Penalties for Trademarks and Service marks Counterfeiting
SB 577            Patron: Senator Dick Saslaw (D-Fairfax)                                   
HB1363          Patron: Delegate Ben Cline (R-Lexington)  
                                

• Expands the scope of laws protecting trademarks and service marks to include such marks registered with the federal government.
• Makes it unlawful to cause a consumer confusion, mistake or deception as to the source or origin of goods.

Anti-Pyramid Scheme Protection
SB95       Patron: Senator Roscoe Reynolds (D- Martinsville)                   
HB990    Patron: Delegate Robert Bell (R-Charlottesville)                                      

• Clearly defines activities of pyramid promotional schemes.
• In addition to the Class 1 misdemeanor for contriving, preparing, setting up, operating, advertising or promoting a pyramid promotional scheme, the bill also states that a violation of this code constitutes a prohibited practice under the Virginia Consumer Protection Act.

A Safer Virginia

Entry of Protective Orders into VCIN
SB540             Patron: Senator Mark Obenshain (R-Harrisonburg)                 
HB753            Patron:Delegate Chris Peace (R-Mechanicsville)                                     

• Provides that when a protective order is issued, the court shall enter information into the Virginia Criminal Information Network (VCIN) system by the end of the business day, and a copy of the order shall also be delivered to the primary law-enforcement agency responsible for service.  This will help to establish the precise time when protective orders are entered so that victims can be protected and so that when they expire they can be cleared from VCIN.
• The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange.

Violence Against Women Act Amendments
SB439             Patron: Senator Jill Holtzman Vogel (R- Warrenton)                 

• States when in the criminal process the victim of a sexual assault may request and when the court may order a defendant to submit to tests for human immunodeficiency virus and hepatitis B or C viruses.
• In the case of a juvenile, at any point following indictment, arrest by warrant, or service of a petition, tests may be requested.

Creation of a Prisoner Reentry System in the Department of Corrections
SB200             Patron: Senator Toddy Puller (D-Mount Vernon)                       
HB651            Patron: Delegate Tommy Wright (R-Amelia)                               

• Requires the Department of Corrections to develop and implement a reentry program for eligible inmates.
• Each plan would identify any educational, vocational, therapeutic, and other programs necessary to prepare the person for successful transition from prison to society upon the person's discharge and shall include mentor pairing to the extent possible. 

Ending Animal Fighting for Sport
SB592             Patron: Senator Tommy Norment (R-Williamsburg)                   
HB656            Patron: Delegate Morgan Griffith (R-Salem)                              

• Provides that engaging in the fighting of any animals is a Class 1 misdemeanor, while dog fighting remains a Class 6 felony. Lawful hunting or farming activities are excluded.
• Makes attending an animal fight a Class 1 misdemeanor
• Engaging or promoting animal fighting while possessing any materials intended to enhance the ability of animals to fight, permitting a minor to become involved in animal fighting, or wagering on animal fighting is a Class 6 felony.
• Animals that are the subject of such criminal charges may be forfeited to the locality, but the owner may post bond to retain his ownership interest and repossess the animals if the court issues a finding of not guilty.
• Law-enforcement officers would be permitted to conduct searches at any time upon the issuance of warrants. Currently, such officers may only conduct searches during the day.

Health Care Provider Liability Protections
SB657             Patron: Senator Stephen Newman (R-Forest)                            
HB403            Patron: Delegate Phil Hamilton (R- Newport News)              

• Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster shall not be liable for any injury or wrongful death arising from the delivery or withholding of health care.
• The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during any disaster to receive reimbursement for their actual and necessary expenses.

Custody Relinquishment
HB1489          Patron: Delegate William Fralin (R-Roanoke)                            

• Eliminates the requirement that a foster care plan for a child placed out of his home be filed by anyone other than a local board of social services.
• Currently, other agencies may file a foster care plan when placing a child through an agreement with the child's parents or guardians where legal custody remains with them.

Protecting Virginia’s Environment

Phosphate-Free Dishwashing Detergents
HB233            Patron: Delegate John Cosgrove (R-Chesapeake), Co-Patron Delegate  Harvey Morgan (R-Gloucester)                        

• Bans the use of phosphorus in detergents for household dishwashing machines since phosphorus is one of the primary sources of water pollution and environmental damage.
• The ban will take effect Jan. 1, 2010.   

Accountability and Transparency in Government

Misuse of Public Assets
SB350             Patron: Senator Roscoe Reynolds (D- Martinsville)                   
HB1362          Patron: Delegate Ben Cline (R-Lexington)                                 

• Provides that any full time employee of the Commonwealth who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to their duties of their office when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.
• The bill defines public assets as any personal property belonging to or paid for by a public body or the labor of any person other than the accused that is paid for by the public body. 

Establish Public Participation Guidelines
HB1167          Patron: Delegate Chris Saxman (R-Staunton)

• Requires the Department of Planning and Budget, in consultation with the Office of the Attorney General, to develop standard public participation guidelines and provide these standard public participation guidelines to each agency that has the authority to promulgate regulations.
• By Dec. 1, 2008 each agency shall adopt the standard public participation guidelines if necessary, as fast track regulations.