Friday, June 30, 2006
Slate of new laws goes into effect Saturday
The measures, passed in the 2006 session, include steeper penalties for sex criminals, underage drinkers and owners of dangerous dogs.
Related
New laws to take effect July 1
- Taxes
- Sales tax “holiday”: Back-to-school shoppers will pay no sales tax on purchases of select clothing and supplies from Aug. 4 Aug. 6, the state’s first sales tax “holiday.”
- Driving
- All-terrain vehicles: Anyone purchasing a new ATV or off-road motorcycle with an engine larger than 50cc must apply for a title with the Department of Motor Vehicles and pay a $10 titling fee. Children 12 through 15 may not operate an ATV with an engine larger than 90cc. Children younger than 12 may not operate an ATV with an engine larger than 70cc.
- Driver’s licenses/underage drinking: Suspension of driver’s licenses for at least six months will become mandatory with convictions for underage purchase or possession of alcohol and use of a fake identification to purchase or possess alcohol. With few exceptions, anyone who purchases or provides alcohol for someone younger than 21 also will face a mandatory license suspension for up to one year.
- Crime
- Dangerous dogs: The owner of a dog that causes serious injury to another person could face a felony charge that carries a maximum penalty of five years in prison. The state veterinarian also will maintain a dangerous-dog registry.
- Sex offenders: State will impose a mandatory minimum sentence of 25 years for certain violent sex offenses against children younger than 13 and expand a civil commitment program that keeps certain offenders confined after their prison terms expire.
- Gangs: The list of offenses eligible for prosecution under gang participation laws will expand to include bomb threats and receiving money for procuring prostitutes.
- Identity theft: State will expand the number of identity theft crimes that can be prosecuted as felonies, and will require state agencies to destroy documents it no longer needs particularly those which contain personal information that could be stolen.
- Drugs: A “mini-kingpin” law imposes a five-year minimum sentence and fines of up to $1 million for midlevel drug dealers.
- Funeral protests: Disrupting funerals or memorial services will become a misdemeanor.
- Education
- Home schooling: Providers of home schooling no longer will need to have a college degree.
RICHMOND -- Virginia will begin getting tougher on sex offenders, owners of dangerous dogs and underage drinkers on Saturday, when laws passed during the 2006 General Assembly session take effect.
The new criminal penalties are among the more noteworthy changes to state laws taking place Saturday, when the state also begins a new fiscal year. Virginians will see some minor tax changes implemented over the next year, including a three-day sales tax exemption on school-related purchases during the first weekend of August.
The state government came perilously close to beginning the fiscal year without a budget because of a protracted standoff between the Senate and House of Delegates over tax policy and spending priorities. Lawmakers passed a $72 billion spending plan last week, keeping state government running and covering costs associated with enacting new laws.
Few of the state's new laws have received as much attention as those aimed at increasing penalties and improving monitoring for sex offenders who target children. Attorney General Bob McDonnell made an aggressive push for the legislative package, which received broad bipartisan support from lawmakers and Gov. Tim Kaine.
"Those who harm innocent children have no place in our society, and this legislation makes every child in Virginia safer," McDonnell said after Kaine signed the legislation in April.
The state will impose a mandatory minimum sentence of 25 years for a first offense of rape, forcible sodomy or object sexual penetration of a child younger than 13 that occurs with an abduction, burglary or serious bodily injury. The law also requires some registered sex offenders to wear electronic tracking devices after their release from prison.
The tougher penalties are accompanied by upgrades and new reporting requirements for the state's sex offender registry and the expansion of a civil commitment program that keeps certain sex offenders confined for treatment after their prison terms expire.
"These new tools will help our police and prosecutors track, treat and punish those who pose a threat to our children and others in our communities," Kaine said when he signed the legislation.
The state also will get tough with owners of dangerous dogs. Under a new law, a dog will be declared dangerous if it attacks and injures a person or attacks a dog or a cat outside the owner's property. Once a dog is deemed dangerous, the owner could face a felony charge that carries a maximum penalty of five years in prison if the dog seriously injures another person. Lawmakers passed the measure in response to last year's mauling deaths of a Spotsylvania County woman and her small dog by roaming pit bulls.
Lawmakers also approved new measures to punish underage drinkers and their enablers. Virginians younger than 21 who are convicted of purchasing or possessing alcohol will face mandatory suspension of their driver's license for at least six months. Anyone older than 21 who provides alcohol to someone younger than 21 also could have their license suspended. The law does not prohibit serving alcohol to family members at home or to guests who are accompanied by a parent, guardian or spouse older than 21.
Virginia's first sales tax "holiday" for back-to-school shoppers will occur Aug. 4 - 6. On those three days, shoppers won't pay the state's 5 percent sales tax on school supplies priced at $20 or less or on clothing and footwear priced at $100 or less. State officials expect the modest tax break to save shoppers $3.6 million.





