Anti-Violence Advocate

Cross-Over Report on Current Legislation in Virginia

carol — Wed, 22 Feb 2012 00:15:08 +0000

This week was cross over, which means we are officially moving into the 2nd half of the General Assembly Session. For the most part, its been a good session with respect to our priorities. We are pleased that anti-strangulation is moving forward as a stand-alone crime, that a bill to keep guns out of the hands of persons convicted of domestic violence is still alive, legislation to promote inter-agency collaboration and coordination in the investigation and prosecution of campus sexual assault expected to pass, and that legislation to clarify issues regarding protective orders processes and procedures are also moving forward without resistance.

Unfortunately, several good bills were also defeated, including legislation to enhance penalties for stalking and a bill to clarify a minor’s rights with respect to petitioning for protective orders. We are disappointed that the anti-immigration legislation is also still alive, but will continue our work with allies to defeat these bills in the Senate.

These are just a few of the highlights. Summarized below is a more detailed 2012 Cross Over Report. Kristine created a hyperlink for all bills that are still alive so that if you are interested in reading the actual language on any bill, you can “click” on the bill # and be directed to the actual bill language.

2012 Cross Over Report

PROTECT FUNDING FOR CRISIS AND SAFETY SERVICES

Governor McDonnell maintained level funding in his proposed budget. Neither the House nor the Senate has proposed any additional reductions in funding for sexual and domestic violence services. However, the current budget uses one-time fund balances to replace $1.2 million in TANF funding for domestic violence services. These one-time funds will not be available in 2014 or beyond. Thus, $1.2 million in funding for the core services that provide safety for victims of domestic violence and their children remains at risk.

“PEACE BEGINS AT HOME” SPECIALIZE INTEREST LICENSE PLATE

SB 225 (Senator Herring) & HB 182 (Delegate O’Bannon) –SB 225 passed the Senate unanimously & HB 182 was continued to 2013 in the House.

Supported by the Action Alliance. These bills authorize the issuance of revenue-sharing special license plates bearing the legend PEACE BEGINS AT HOME to support the programs of the Domestic Violence Action Alliance for the prevention of sexual and domestic violence in Virginia. HB 182 was not continued in the House because we had not collected 450 pre-paid applications. SB 225 will now be considered by the House and will only pass if we collect 450 pre-paid applications.

ENHANCE THE PROSECUTION OF STRANGULATION

SB 459 (Senator Herring) & HB 752 (Delegate Cline)— SB 459 passed the Senate unanimously & HB 752 passed the House unanimously.

Supported by the Action Alliance. Both of these bills were amended to provide that any person who impedes the blood circulation or respiration of another person by applying pressure to the person’s neck and resulting in wounding or bodily injury is guilty of strangulation, a Class 6 felony.

There are minor differences between these bills. SB 459 uses the language “willfully, knowingly, intentionally” applying pressure to the person’s neck. HB 752 uses the language “knowingly, intentionally and unlawfully” applying pressure to the neck of such person. The Action Alliance staff will work with the Senator Herring & Delegate Cline to align these two bills.

IMPROVE VIRGINIA’S RESPONSE TO SEXUAL ASSAULT ON COLLEGE CAMPUSES

SB 302 (Senator Howell) & HB 965 (Delegate Rob Bell)— SB 302 passed the Senate unanimously & HB 965 passed the House unanimously.

Supported by the Action Alliance. These bills require campus police to enter into mutual aid agreements with a local law-enforcement agency or the State Police for cooperation in providing assistance with the investigation of deaths and alleged rapes occurring on college campuses.

SB 301 (Senator Howell) & HB 969 (Delegate Rob Bell)—SB 301 passed the Senate unanimously & HB 969 passed the House unanimously.

Supported by the Action Alliance. These bills require each attorney for the Commonwealth to invite any chiefs of campus police located within the jurisdiction to the annual SART meeting.

DOMESTIC VIOLENCE

SB 224 (Senator Herring). Passed the Senate unanimously.

Supported by the Action Alliance. This bill provides for a Class 1 misdemeanor for a battery through the application of physical force against a member of a family or household member. This change in law is needed to apply federal firearm prohibitions appropriately to persons convicted of assault and battery of a family or household member. This bill will now be considered by the House.

PROTECT THE SAFETY AND BEST INTERESTS OF THE CHILDREN

HB 84 (Delegate Albo)— HB 84 passed the House unanimously.

Supported by the Action Alliance, as amended. The bill was amended and no longer creates a presumption for joint custody. Instead, it requires judge’s to communicate the basis for their decision regarding custody or visitation and to communicate the relevant statutory factors used to determine the best interests of the child when making the decision. This bill will now be considered by the Senate.

HB 606 (Delegate LeMunyon)— HB 606 was defeated.

Opposed by the Action Alliance. Establishes a presumption in child custody cases that an award of joint legal custody, with physical custody, to the extent feasible, shared equally between the parties, is in the best interests of the child.

ADVANCE VIRGINIA’S PROTECTIVE ORDER LAWS

SB 445 (Senator Vogel) & HB 1033 (Delegate McClellan)— SB 445 passed the Senate unanimously & HB 1033 passed the House unanimously.

Supported by the Action Alliance. These bills allow Circuit Court to hear petitions to modify, dissolve, or extend a permanent protective order when the Circuit Court issued the order. The bill also requires the Court to enter and transfer identifying information to the Virginia Criminal Information Network (VCIN) system when a protective order is issued. Circuit court clerks who are not currently using the Statewide Case Management System shall provide protective orders directly to the Virginia Criminal Information Network in an electronic format approved by the Department of State Police. This bill seeks to align the process and procedures for protective orders issued in Circuit Court with those currently in place for the Juvenile & Domestic Relations and General District Court.

SB 300 (Senator Howell)— SB 300 passed the Senate unanimously.

Supported by the Action Alliance. This bill makes various changes to the provisions governing protective orders issued by a Juvenile and Domestic Relations District Court, including (i) clarifying that only violations related to trespass, criminal offenses, acts of abuse, or prohibited contacts are Class 1 misdemeanors; (ii) clarifying that Juvenile and Domestic Relations District Courts have jurisdiction over all protective orders that involve juveniles who are petitioners or respondents; and (iii) allowing judges to prohibit contact between the respondent and the petitioner’s family. This bill will now be considered by the House.

HB 674 (Delegate Surovell)—HB 674 was defeated in House Courts.

Supported by the Action Alliance. This bill would have addressed several issues regarding protective orders and minors, including (i) providing that a minor may petition for an emergency protective order on his own behalf without a parent, legal guardian, or another adult acting as a next friend; and ii) providing that any adult may petition in the name of a minor as the minor’s next friend for a preliminary and/or permanent protective order. These provisions would have codified existing case law and are consistent with the Attorney General’s Opinion (10-116) issued in January 2011.

PRESERVE ACCESS TO SERVICES REGARDLESS OF IMMIGRATION STATUS

HB 958 (Delegate Rob Bell)—Passed the House

Opposed by the Action Alliance. This bill Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. This bill incorporates HB 89 and HB 320. This bill will now be considered by the Senate.

HB 1060 (Delegate Anderson)—Passed the House

Opposed by the Action Alliance. This bill Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring that an arresting officer inquire of every arrestee whether he is in the country legally. The bill further provides that when a law-enforcement officer believes that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. This bill will now be considered by the Senate.

HB 1001 (Delegate Ramadan)—Passed the House

Opposed by the Action Alliance. This bill provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with United States Department of Homeland Security, Immigration and Customs Enforcement, as authorized under 8 U.S.C. § 1357(g), to permit the State Police to perform federal immigration law-enforcement functions in the Commonwealth after arrest of an alien. This bill will now be considered by the Senate.

SB 460 (Senator Black)—Defeated in Senate Courts.

Opposed by the Action Alliance. This bill would have provided that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill would have also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee.

STALKING

HB 361 (Delegate McClellan)—Defeated in House Appropriations.

Supported by the Action Alliance. This bill would have provided that a second or subsequent offense of stalking is a Class 6 felony. Currently, the enhanced penalty applies for a third or subsequent offense. The bill also provides that stalking when a protective order is in effect is a Class 6 felony.

HB 807 (Delegate May)—Passed the House

Supported by the Action Alliance. Provides that any person who uses an electronic tracking device through intentionally deceptive means and without consent to track the location of another person is guilty of a Class 3 misdemeanor. The bill includes exceptions for law-enforcement officers, the parent or legal guardian of a minor or any person authorized by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the person’s sole care; a legally authorized representative of an incapacitated adult, private investigators in certain circumstances, bail bondsmen, and the owners of fleet vehicles. This bill will now be considered by the Senate.

SEXUAL VIOLENCE

HB 963 (Delegate Rob Bell)—Passed the House unanimously.

Supported by the Action Alliance. This bill provides that any person who commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer, or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility, with a five-year mandatory minimum term of imprisonment for a second or subsequent violation. This bill will now be considered by the Senate.

HB 964 (Delegate Rob Bell)—Passed the House unanimously.

Supported by the Action Alliance. The bill provides that any person who displays child pornography or a grooming video or materials to a minor is guilty of a Class 6 felony. The bill defines grooming video or materials as (i) a cartoon, animation, image, or series of images depicting a child engaged in a sex act when the minor to whom the material is displayed is less than 13 years of age. This bill will now be considered by the Senate.

SB 205 (Senator Barker)—Passed the Senate unanimously.

Supported by the Action Alliance. This bill allows the collection of forensic evidence in cases of suspected sexual assault where the alleged victim may not be legally capable of giving consent.

This bill will now be considered by the House.

–

Gena M. Boyle, MPA

Domestic Violence Advocacy Coordinator

Virginia Sexual and Domestic Violence Action Alliance

804.377.0335 x2109

gboyle@vsdvalliance.org

Filed under: Legislative Alerts

Positions open in Fredericksburg VA

carol — Sat, 11 Feb 2012 19:51:07 +0000

Positions Open at the Rappahannock Council Against Sexual Assault located in Fredericksburg, VA

Program Assistant: part-time position to provide assistance with administration, grants management, information and resources and intervention services. Experience with office management, filing systems, data tracking systems, accounts receivable. The person must be organized, able to manage time effectively and task oriented.
Medical billing associate: very part-time position to handle insurance filing and billing. Able to use specialized software.

We are an equal opportunity employer and support a diverse workforce. We do not discriminate on gender, race, ethnicity, identity, age, ability, or religion. All are encouraged to apply.

All employees must have a reliable form of transportation to utilize during the course of their work, pass pre-employment back-ground checks and drug testing, and be flexible in their hours.

Please check our website for an application at Join our Team at www.rcasa.org

Filed under: jobs

We need your help today to protect immigrant victims of sexual and domestic violence.

carol — Tue, 07 Feb 2012 02:08:23 +0000

We need your help today to protect immigrant victims of sexual and domestic violence.

Please call the members of the House Courts Criminal Law Subcommittee today and ask them to defeat the following legislation that threatens access to safety for victims of sexual and domestic violence: House Bill 89, House Bill 108, House Bill 320, House Bill 472, House Bill 958, House Bill 1060 and House Bill 1001.

This Wednesday, February 8, the House Courts of Justice Criminal Law Subcommittee will consider the above bills that would threaten access to safety for immigrant victims of sexual and domestic violence. The bills, all of which deal with the ability of local and state law enforcement to enforce civil immigration laws, will impede the ability of immigrant victims to access law enforcement and undercut community policing and efforts to enhance victim/witness cooperation in criminal investigations and prosecutions.

Members of the House Courts Criminal Subcommittee:

Delegate Rob Bell: 804-698-1058 or delrbell@house.virginia.gov

Delegate Dave Albo: 804-698-1042 or deldalbo@house.virginia.gov

Delegate Ben Cline:804-698-1024 or delbcline@house.virginia.gov

Delegate Todd Gilbert: 804-698-1015 or deltgilbert@house.virginia.gov

Delegate Jackson Miller: 804-698-1050 or deljmiller@house.virginia.gov

Delegate Ron Villanueva: 804-698-1021 or delrvillanueva@house.virginia.gov

Delegate Rick Morris: 804-698-1064 or delrmorris@house.virginia.gov

Delegate Vivian Watts: 804-698-1039 or delvwatts@house.virginia.gov

Delegate Charniele Herring: 804-698-1046 delcherring@house.virginia.gov

Suggested talking points:

If approved, these bills would threaten access to safety for victims of sexual and domestic violence and will discourage victims and witnesses from reporting acts of sexual and domestic violence.
Victims of domestic violence and sexual assault already face tremendous barriers to reporting.
When victims perceive that law enforcement is to be feared rather than trusted, it undercuts community policing and efforts to enhance victim/witness cooperation in criminal investigations and prosecutions.
Please protect access to safety for sexual and domestic violence victims by rejecting these bills.

For questions or more information, please contact Kristine Hall or Gena Boyle at 804-377-0335 or khall@vsdvalliance.org and gboyle@vsdvalliance.org.

Reject Immigration-related bills that threaten access to safety for victims of sexual and domestic violence (preventviolence.wordpress.com)
Special thanks to Delegate Herring and Senator Herring (rcasa.wordpress.com)
Legislative Advocacy Day at with VA ACTION ALLIANCE (rcasa.wordpress.com)
Lobby for Sexual and Domestic Violence Services and Funding (preventviolence.wordpress.com)
Peace Begins at Home license plate (preventviolence.wordpress.com)

Filed under: Legislative Alerts

4th Annual Violence-Free Teens Conference

carol — Sun, 05 Feb 2012 13:00:36 +0000

February is Teen Dating Violence Awareness and Prevention Month. Learn about the amazing relationship and sexual violence prevention work happening in California and across the nation at the Violence-Free Teens Conference, February 16 & 17, 2012 in Los Angeles, California

Sponsors: California Department of Public Health, California Partnership to End Domestic Violence, Institute on Violence, Abuse and Trauma, Iris Cantor – UCLA Women’s Health Education & Resource Center, Office on Women’s Health

Continuing Education Units available: http://shop.peaceoverviolence.org/collections/violence-free-teens-conference/products/continuing-education-units-vftcRegister Online! shop.peaceoverviolence.org

$75 per day, $125 both days

Complete agenda available: http://www.peaceoverviolence.org/media/downloadables/VFTC%202012%20Agenda.pdf

Conference Overview:
Thursday, February 16, 2012

Keynote – Voices of Men, Ben Atherton-Zeman
This keynote/theater presentation will provide examples of sexism, victim-blaming, and myth busting around sexual and relationship violence from the perspective of an adult male ally and with special attention to engaging youth as victims of crime and bystanders.

Encouraging Activism: Girls’ Voices and the Power to SPARK Change, Dr Lyn Brown
Critically examining popular ad campaigns and describing marketing strategies, Dr. Brown explores the cooptation of girl power and the sexualization of girls in media. She discusses the importance of engaging girls in creative forceful reactions to such media messages and addresses the need to scaffold girls’ activism. She illustrates how girls involved in the SPARK (Sexualization Protest: Action, Resistance, Knowledge) movement, with the support of growing coalition of progressive youth serving organizations, are generating alternative forms of media and coordinating actions online and on the ground to create enabling conditions for girls’ rights to healthy sexuality.

Friday, February 17, 2012
Keynote Performance – The Unusual Suspects
Sponsored by Iris Cantor – UCLA Women’s Health Education & Resource Center, The Unusual Suspects will present 45 minutes of performances during the morning session including presentations from current and past programs presented by youth, teaching artists and US staff. Selections include:
· Scenes and songs from Fremont High School’s original play
The Unknown Protector, performed by Fremont youth participants
· Scenes and songs from San Fernando High School’s original play
Chasing Dreams and Casting Shadows, performed by SFHS youth participants.
· Professional actors/Teaching Artists perform a scene from
The Lost Son, an original play written by probation youth at Camp David Gonzales spring 2011 program
· Interactive Improvisation performed by youth and artistic staff. Audience involvement is encouraged!

Friday Youth Track – Building a Multi-media Campaign to Promote Healthy Relationships:
This four hour workshop for young people will give them an overview of the multi-media tools that can be harnessed in social movement campaign building. Facilitators will also discuss the domestic violence and sexual violence movement, history, and various campaigns from the feminist movement, civil rights movement, and movement to end violence against women, highlighting the use of media and the opportunities to re-interpret campaign building given the digital, connected, social media age. Participants will then work in small groups to build a campaign tool, video, art piece that expresses their voice in the movement to promote healthy relationships and end dating and sexual violence. These products will then be shared with the entire conference audience in a listening and looking session at the end of the day.

HOTEL
Millenium Biltmore
506 South Grand Ave.,
Los Angeles, CA 90071
213.624.1011
A block of rooms is available at the special rate of $139/night under “Peace Over Violence.”

CONFERENCE LOCATION
The California Endowment, Center for Healthy Communities
1000 N. Alameda Street
Los Angeles, CA 90017

NEARBY AIRPORTS
LAX Los Angles
BUR Burbank

Endorsed by:
CALCASA
Children’s Hospital Los Angeles
Children’s Institute Inc.
Violence Prevention Coalition of Greater Los Angeles

Sample Proclamation for Teen Dating Violence Awareness Month (preventviolence.wordpress.com)
Sexual Coercion and Teen Dating Violence (preventviolence.wordpress.com)
Dating Violence Common Among Teens (education.com)
February is National Teen Dating Violence Awareness and Prevention Month (marissavelarde.wordpress.com)
What’s February? TDVAM! (startstrongaustintx.wordpress.com)
NIJ study: Positive Findings for Reducing Teen Dating Violence/Harassment (prweb.com)
Hazelden Publishing and Break the Cycle Join Forces to Create New Teen Dating Violence Prevention Program (prweb.com)
Newhouse 4 Teens Announces Teen Dating Violence Prevention Resource (prweb.com)

Filed under: Training

“Just for Men” commercial – sexual exploitation of toddlers

carol — Sun, 05 Feb 2012 04:06:05 +0000

I just saw a commercial for “Just for Men” beard dye. The commercial shows a toddler with a beard out with an adult woman on a date. The implication is that the beard dye makes the male young and sexy. The commercial implies suggestiveness of intimacy between the adult female and the toddler. All in the service of males to feel young and sexy. It’s too creepy for me. Plus, there are posts regarding other “Just For Men” commercials that imply pedophilia. What is it with these types of commercials popping up? Every step forward we make is two steps back. Disappointing “Just for Men”

Filed under: Opinion

Anti-Violence Advocate

Cross-Over Report on Current Legislation in Virginia

Positions open in Fredericksburg VA

We need your help today to protect immigrant victims of sexual and domestic violence.

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