Virginia Attorney General McDonnell Announces 2008 Legislative Agenda

Agenda Consists of Proposals related to Consumer Protection, Mental Health Reform, Illegal Immigration, Public Safety, Environmental Protection, Effective Government

Jan. 8, 2007 -- Richmond – Virginia Attorney General Bob McDonnell announced his 2008 legislative agenda today at a morning press conference in Richmond. The package of bills, highlighted by proposals to reform Virginia’s mental health laws, combat criminal illegal immigration, improve the prisoner reentry process, protect Virginia’s environment, and promote open and responsible government, is the Attorney General’s third legislative package since taking office in January 2006.

Reflecting upon the success the Attorney General’s previous two previous legislative agendas have enjoyed, and the reality of the current budget climate in Virginia, the 2008 agenda is a smaller package of proposals than previous editions. The Attorney General’s first two legislative packages produced significant policy reforms in combating sexual predators, protecting children online, and securing private property rights, in addition to significant achievements on a number of other issues.

To read more about the success of the Attorney General’s previous legislative packages, click here for 2006, and click here for 2007.

“In our first two years in office our goal was to take the promises of the campaign and advance them as the policies of the Commonwealth,” McDonnell said. “We have achieved that goal. Our 2008 agenda is a more modest effort, and this is chiefly in recognition of the fact that now is not the time for costly new proposals. However, now is the time for ideas that provide for greater citizen trust in government, help Virginia families in their daily lives, and provide opportunities for all Virginians. I believe our agenda is one that will find strong bipartisan support in the General Assembly, and throughout the Commonwealth.”

McDonnell continued: “Chief among the proposals in our package are the mental health reforms publicly announced by the Governor and me in December. Our staff helped to draft these proposals in my role as Co-Chair of the Supreme Court Mental Health Task Force, and we have been involved in the effort to reform Virginia’s mental health laws since we took office. This is a bipartisan issue, and we are committed to seeing to it that Virginia’s mental health laws provide the help our citizens need, and the security our Commonwealth demands.”

McDonnell added: “We are also advancing a proposal to create uniform public participation guidelines in the formation of state regulations, in our continuing effort to knock down the bureaucratic barriers that impede public involvement in their government. We are advocating important measures to protect Virginia’s environment. Consumers and business owners will gain new protections in the marketplace with our Virginia Trademark Counterfeiting Act. Also, we will turn our attention to requiring that prisoners have a structured reentry back into society. Too often inmates leave prison with no plan, and no hope, only to turn again to crime, and return to prison. If we can help more prisoners to have positive support opportunities upon their release from prison, we can reduce the revolving door syndrome that is crowding our jails and prisons and straining our budgets. Finally, we will continue to push for more action at the state level when it comes to combating criminal illegal immigration. Our citizens deserve to be safe in their communities.

“Our 2008 legislative agenda is a plan for a more effective government.”

Attorney General Bob McDonnell’s 2008 Legislative Agenda
A Stronger and More Responsive Mental Health System for the 21st Century
Ensure Access to Mental Health Information by Those in the Civil Commitment Process and Modify Standard for Civil Commitment for Mentally Ill
Patron: Del. Phil Hamilton (R-Newport News)

* Require mental health providers to share medical information of persons who are being examined as part of the civil commitment process.

* Change the standards for Emergency Custody Orders, Temporary Orders of Detention, and involuntary commitment from imminent danger to threat of serious bodily harm.

Combating Illegal Immigration
Prohibit State Contracts from Being Issued to Illegal Aliens
Patron: Senator Ken Cuccinelli (R-Fairfax):

* Requires state contractors to certify that they have undertaken immigration status verification on all of their employees, and that all employees are legally authorized to work in the United States

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

* Adds a presumption against bail for any person who is charged with a crime who is an alien and not lawfully present in the United States.
* Judicial officers would also be required to verify with the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security whether a person is a citizen.

Cross-Check Info on Inmates Arrested and Currently in DOC and Jails Against NCIC/LESC Illegal Alien Databases
Patron Tom Rust (R-Herndon)

* Require the Central Criminal Records Exchange, probation and parole officers, and correction facilities to notify the U.S. Bureau of Immigration and Customs Enforcement if someone in custody appears to be an alien and allows agreements to be made for the transfer of any alien to immigration authorities.

Consumer Protections that Are Good For Business

Creation of Virginia Trademark Counterfeiting Act
Patrons: Senator Dick Saslaw (R-Fairfax); Delegate Ben Cline (R-Lexington):

* Expands the scope of laws protecting trademarks and service marks to include such marks registered with other states and the federal government

* Makes it unlawful to reproduce, counterfeit, or colorably imitate a registered mark. The bill would also increase the penalties for violations including where the counterfeit product results in harm to the consumer.

A Safer Virginia
Entry of Protective Orders into VCIN
Patrons: Senator Mark Obenshain (R-Harrisonburg); Delegate Chris Peace (R-Mechanicsville)

* Provides that when a protective order is issued, the court shall quickly enter information to the Virginia Criminal Information Network (VCIN) system 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 when they expire so they can be cleared from VCIN.
* This proposal was formally announced by Governor Kaine last week.

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

* The Virginia Violence Against Women Act Bill will ensure Virginia’s compliance with the federal 2005 Violence Against Women Act.
* The 2005 Violence Against Women Act specified HIV testing procedures for those individuals who were indicted for sexual crimes.
* Failure to comply with the 2005 Violence Against Woman Act will result in a 5 percent reduction of their total funds allocated under their Grant to Encourage Arrest and Enforcement of Protective Orders (GTEAEPO) grant.

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

* Requires the Department of Corrections to formulate a reentry program for eligible inmates
* Each plan would identify any needs of, and available resources for, the person for successful transition from prison to society.

Ending Animal Fighting for Sport
Patrons: Senator Tommy Norment (R-Williamsburg); Delegate Morgan Griffith (R-Salem)

* Searches regarding animal cruelty cases can now be conducted after sunset without more authorization.
* Makes other forms of animal fighting a Class 6 felony raising it on par with dogfighting.
* Includes any device or substance to enhance an animal’s ability to fight, making it a Class 6 felony.
* Attendance at an animal fight is a Class 1 misdemeanor
* Allowing a minor to attend a fight or be involved in an animal fight is a Class 1 misdemeanor.
* Forfeiture of the animals is now streamlined so that the animals don’t have to be held for years without resolution to the case.
* Bonds now have to be posted if an owner is contesting the forfeiture of animal fighting animals.

Protecting Virginia’s Environment
Phosphate Free Dishwashing Detergents
Patrons: Delegate John Cosgrove (R-Chesapeake):

* 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 would take effect on January 1, 2010.

“Go Green” School Initiative
Patron Delegate Scott Lingamfelter(R-Prince William):

* Requests the Board of Education to study the use of certain cleaning and maintenance products in the public schools.
* The bill would also require the Board of Education to establish a year-long pilot program in which participating schools would purchase and use only cleaning products certified as environmentally sensitive or green by the independent Green Seals national certification program.

Accountability and Transparency in Government

Provide Executive Branch oversight of Department of Game and Inland Fisheries
Patron Delegate Ben Cline (R-Lexington):

* Requires the Director of Game and Inland Fisheries to submit a quarterly accounting of the expenses he controls to the Secretary of Natural Resources for his review and execute a surety bond conditioned upon the faithful performances of his duties has been proposed.

Make Theft of Public Resources Equal Embezzlement
Patrons Senator Roscoe Reynolds (D- Martinsville); Delegate Ben Cline (R-Lexington):

* Provides that embezzlement of public funds can result from the misuse or misappropriation of public assets.
* Public assets would include accounts, documents, resources, equipment, records, materials, vouchers, property, personnel resources, services, money, or anything of value belonging to the Commonwealth, to any city, town, or country, or to any other political subdivisions.

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

* Requires the Department of Planning and Budget, 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.
* Each agency shall adopt the standard public participation guidelines with any regulatory action using the standard public participation guidelines.

Permit the Virginia Supreme Court to Quickly Hear Cases of Statewide Constitutional Significance

* Allows the Virginia Supreme Court at its discretion, upon motion by the Attorney General, to quickly hear cases from lower courtsinvolving an interpretation of the Virginia Constitution.
* Enables the court of last resort in Virginia to decide issues where different courts in Virginia have rendered different opinions on the same subject.

Bill numbers for the above measures will be available to press as soon as all bills are filed.

In addition to these proposals, the Attorney General will also support other measures in these policy areas as the session moves forward.

Source: Virginia Attorney General

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