Bill aims to limit where sex offenders can live

RICHMOND

Legislation that would further limit where sex offenders can live and expand the list of convictions that activate those restrictions has drawn the ire of civil libertarians and advocates of reforming those laws.

Still, Del. Clay Athey, the sponsor of the bill, said he believes toughening existing laws is a necessary step "to protect the most vulnerable citizens."

If enacted, HB 1004 would bar individuals ordered to register as sex offenders for crimes involving a juvenile victim from living within 500 feet of multiple places children are known to frequent.

It would add school bus stops, community parks, playgrounds, recreation centers, public pools and private, parochial and Christian schools to current state law, which applies to day care centers, public schools and adjoining public parks.

Also, the Front Royal Republican's bill would restrict a wider of range of sex offenders.

Under current law, only those convicted of serious offenses - rape, sodomy or object sexual penetration coupled with crimes such as abduction and malicious wounding - against certain minors face residency restrictions.

There was a total of 16,238 registered sex offenders as of Dec. 1, according to the Virginia State Police.

The stricter proposal worries American Civil Liberties Union of Virginia executive director Kent Willis.

"It's one thing to limit someone's mobility, to prevent them from going to certain places," Willis said. "It's another thing to restrict where they actually live.... There are real legal, constitutional questions involved in such a restriction."

Other residency bills passed in Nebraska, Missouri and Indiana were later ruled unconstitutional, he said.

Athey, an attorney, said he's taken those concerns into account. His legislation could withstand a court challenge, he said.

The lawmaker said he narrowly defined his proposal to target those who have abused children.

"The unique nature of these types of crimes tips the balance toward increasing this sort of scrutiny," Athey said.

In 2007, he introduced a bill to lengthen the residency buffer between sex offenders and children to 1,000 feet.

It passed the House of Delegates but did not clear the Senate.

Mary Devoy, of Reform Sex Offender Laws of Virginia, said that although the bill is different from the one drafted three years ago, it still has negative consequences for those listed on the registry.

She said Athey's bill, if passed, would lead to more homeless sex offenders.

"The purpose of the registry was to list the most dangerous, violent repeat offenders," Devoy said. " That's not what it's become."

Instead, nonviolent offenders, including teenagers and adults who send explicit messages via cell phone, can find themselves listed alongside rapists.

They'll also have a difficult time finding a place to live if the bill passes, she said.

Even if sex offenders don't have homes, a bill filed by Charlottesville Republican Del. Rob Bell would clarify that they must register where they reside.

Another bill sponsored by Bell would ban certain sex offenders from being within 100 feet of any children's museum in the state.

Also, a measure from Del. Sal Iaquinto, R-Virginia Beach, would add language to the law code clarifying when offenders are required to register.

As of Friday, each of those measures was still alive in the House, as was Athey's legislation.

Regardless of the outcome this year, Athey said he considers improving sex offender aspects of the laws as important, and he will continue to advance such bills.

While they might have noble intentions, Willis said lawmakers who back legislation that further penalizes sex offenders "tend to... react by their emotions and react in a politically opportunistic way. That's the unfortunate trap that sex offender laws fall into."

Shawn Day, (757) 222-5131, shawn.day@pilotonline.com

Julian Walker, (804) 697-1564 julian.walker@pilotonline.com