David J. Toscano

Attorney at Law

Campus Sexual Assault Bills Clear General Assembly

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[su_row class=””][su_column size=”1/2″]FOR IMMEDIATE RELEASE
Contact: Carmen M. Bingham
carmen@davidtoscano.com
Feb. 27, 2015[/su_column][su_column size=”1/2″]Delegate David J. Toscano
914 Capitol Street
Room 614
Richmond, VA 23218
Phone: 804.698.1057[/su_column][/su_row]

Delegate David Toscano (D-Charlottesville) announced today that bills designed to encourage greater reporting of sexual assault cleared the General Assembly late Friday, and are now on their way to Governor McAuliffe for his signature. Toscano had offered a reporting measure that was incorporated into HB1930. The legislation was designed after careful consideration with law enforcement officials, university staff, student advocacy groups, and sexual assault survivors, and encourages reporting by creating enhanced collaboration between Virginia’s colleges and universities and law enforcement.

“The passage of this legislation was among my top priorities for the 2015 legislative session,” said Toscano. “This measure, along with two other bills that expand Virginia’s DNA database and require notation on a student’s transcript, arose after tragic events in my district and the nationwide call to take a second look at how sexual assault cases are handled on college campuses. It requires all universities to engage with sexual assault agencies, that certain information be disseminated to all victims, and that reporting to law enforcement will be required if there is a danger to community safety.”

The DNA database bill was passed on February 26th, and expands Virginia’s DNA database to include specific misdemeanor crimes that are common predicators for serious felonies. Virginia already obtains DNA samples from individuals with felony convictions, so this bill only expands upon existing practice.

The transcript notation bill is designed to ensure campus sexual predators cannot easily move from one institution of higher education to another without the new college or university being advised of the student’s misconduct at a previous institution. This legislation specifically addresses the actions of Jesse Matthew, the individual charged in the death and disappearance of Hannah Graham, who had not revealed his history of sexual misconduct when he transferred between two Virginia universities.

Governor McAuliffe has until March 30th to take action on all three of these measures, and it is anticipated he will sign them into law.

General Assembly Update (Feb. 20, 2015)

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The 2015 General Assembly session is scheduled to adjourn on February 28, 2015. The revised budget is just about done and will likely include some raises for teachers and state employees. It is also likely to include some additional monies for higher education. These are important advances, though I would like to see additional funding for education.

The budget does not go far enough in a number of other ways, and still does not provide for the expansion of Medicaid, which could bring back hundreds of millions of our taxpayer dollars to help Virginians secure health insurance, create jobs, and strengthen our hospital systems.

A number of the major initiatives that I have worked on look likely to pass in some form. The bill to expand the DNA database, which was proposed in response to the Hannah Graham murder, has now passed the Senate in a form slightly modified from the one that was passed by the House. This means that there will be a conference committee composed of Senate and House members to reconcile the two bills for final passage. The same is true with the campus sexual assault reporting bill. I hope to be involved in the final discussions on these bills and expect them to be passed and signed by the Governor.

In the energy arena, one of the major debates focused on the bill proposed by Dominion Virginia Power to freeze electric utility rates for the next five years. This is drawing considerable controversy in the press, and much of the focus has been on the initial form of the bill, which was extremely detrimental to consumers and those of us who support greater investment in renewable energy. The bill that passed, however, is substantially different than the one that was proposed. In fact, the amended bill was not opposed by the Sierra Club, nor the League of Conservation Voters. It includes a requirement that Dominion undertake a weatherization program for low-income persons, and unprecedented initiatives to expand solar and other renewables. The bill provides some comfort to consumers as it will freeze the “base rates” of the utility for the next five years. Your utility bill may or may not change, however, as your bill also reflects the cost of fuel. If natural gas continues to decline, that decrease in price will be passed on to the consumer in the form of lower bills. If there is a spike in natural gas or other fuel sources, your bill will likely rise. But the base rate, which is determined by the cost of other operations of the utility, such as maintaining its infrastructure and repairs and replacements generated by weather events and natural disasters, will be borne solely by the utility. In the event that Dominion “over earns” after the five year period, they will have to provide a credit to consumers, or an actual reduction in base rates.

My efforts to reform the coal tax credits have not yet succeeded. Republicans in the House and Senate have not yet been convinced of the economic arguments opposing the massive taxpayer subsidies provided to the coal and utility companies. This has amounted to approximately $600 million over the last twenty years for an industry that has lost three quarters of its workforce during this period and is now mining substantially less coal. Unfortunately, some people are so “locked in” to the so called “war on coal” argument, and are willing to allow their constituents to further subsidize an industry that is failing. The better approach is to take the money and invest it in emerging industries in southwest Virginia that will create better jobs in the long run. We will continue to fight for reform.

Several of my other bills will soon pass both bodies and go to the Governor. Included in these is my bill to give property owners more flexibility in how they deal with the city’s zoning ordinance for sidewalk construction (HB 2051), a bill to eliminate paperwork for small businesses as they file their personal property tax documents with their localities (HB 2098), and a bill requiring universities to provide more information about their sponsored research programs and the degree to which these initiatives are creating more commercial activity in the Commonwealth (HB 1959).

And, for your viewing pleasure, you may be interested in a floor speech I gave this week on “millennials” and how Democrats are responding to their concerns in Richmond. You can see it here.

I am looking forward to returning to Charlottesville to spend more time with my family, resume my law practice, and serve my constituents from my local office. It is a pleasure serving you in Richmond.

Sincerely,

David Toscano

David Toscano

General Assembly Update (Feb. 13, 2015)

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Crossover and the House of Delegates Budget

Crossover has now come and gone, and so too has the debate on amendments to the budget. On the budget front, the good news is that the Commonwealth is doing better financially, and as a result, the House budget provides raises to state employees and teachers. The House budget includes 1.5 percent pay increase for school teachers and employees, and an additional pay increase for other state employees. The budget, however, does not go far enough. Our teacher salaries in Virginia are now $7,500 below the national average. State per-pupil spending, even with this new budget, is still lower than it was in 2009. The result has been that localities are forced to pay more of the cost of education than they did in the past, and property tax rates have increased as a result.

Medicaid expansion

The budget also does not go far enough in that it continues to reject Medicaid Expansion, a decision that continues to cost the Commonwealth $4.4 million per day in federal funding ($1.8 billion lost to date) as we continue to send our tax monies to Washington instead of  bringing them back here to aid some 400,000 people who do not currently have health  insurance. The House budget includes a slight increase for free clinics, but they do not have the capacity to address the vast unmet need for quality medical care. We are very fortunate in Charlottesville that our free clinic does better than most, but neither the extra monies nor our facilities are sufficient to adequately address the problem. House Republicans have accepted elements of the Governor’s Healthy Virginia Plan, but this will affect fewer than 30,000 citizens, and we have yet to determine whether the House proposal will be approved by the Obama administration.

Pre-K spending

The House budget also cuts pre-K spending substantially and does not give the Governor the flexibility to move some of the money around so that it can service more people throughout Virginia. The budget does not go far enough in dealing with the tax preferences that represent massive transfers of Virginia taxpayer dollars to a small number of corporations, particularly coal and utility companies. Instead, we have a budget that includes a “reform” to the Land Preservation Tax Credit, a program that does a lot to conserve rural land against future development. You may hear my comments on the budget below.


 

DNA database expansion

A number of my bills survived Crossover either in their original form or combined with another Delegate’s legislation.  My DNA bill passed the House resoundingly as incorporated into Delegate Bell’s bill. This bill allows samples of DNA to be taken from people who have committed, and are convicted of, certain misdemeanor offenses. This does not include juveniles or minor misdemeanors. The samples will be included into the DNA database which can be used to exonerate those people who have been improperly charged with a crime and help apprehend people who have committed more serious crimes.

Campus sexual assault

The language of my campus sexual assault bill found its way into another bill (HB 1930), and has now passed the House. After listening to many constituents and advocates for survivors, my bill was transformed into a survivors empowerment bill that none-the-less gives university Title IX Coordinators the ability to report serious offenses in the event that the perpetrator might be a danger to the community. This bill will undoubtedly be changed as it moves through the process, but I think we will have a measure passed that will increase the likelihood of survivors reporting these cases and making more perpetrators accountable for their actions.

Health insurance coverage for children with autism

Two other interesting bills passed that can make a difference to health challenges faced by Virginia. House Bill 1940 requires health insurance carriers to offer coverage for autism in youngsters between the ages of two and ten; any family which has a child with autism realizes what a challenge this is. And HB 1445 decriminalizes the use of cannabis oil for the medical treatment of epilepsy.

We have two more weeks left in the session if we finish on time. It is a pleasure serving you in Richmond. As always, please do not hesitate to contact my office should you have any questions or if we can be of any assistance.

Sincerely,

David Toscano

David Toscano

P.S. Eugene and Lorraine Williams, civil rights pioneers, were honored by the House of Delegates last week.  You can watch here:

DNA Bill Receives House Approval by 72/27 Vote in House of Delegates

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[su_row class=””][su_column size=”1/2″]FOR IMMEDIATE RELEASE
Contact: Carmen M. Bingham
carmen@davidtoscano.com
Feb. 10, 2015[/su_column][su_column size=”1/2″]Delegate David J. Toscano
914 Capitol Street
Room 614
Richmond, VA 23218
Phone: 804.698.1057[/su_column][/su_row]

RICHMOND – A bill designed to expand the DNA database to include those convicted of major misdemeanor offenses cleared the House of Delegates on Tuesday by a 72-27 vote. The measure, a joint effort by Delegates David J. Toscano (D-57) and Robert B. Bell (R-58) was proposed in response to the Hannah Graham tragedy in Charlottesville late last fall.

“If this bill had been on the books several years ago,” said Toscano, “it is possible that Jesse Matthew may not have met Hannah Graham that night.” The bill will authorize police to take DNA samples of persons convicted of Class I misdemeanors:

  • 16.1-253.2  Violation of protective order
  • 18.2-60.3    Stalking
  • 18.2-60.4    Violation of protective order; penalty
  • 18.2-67.4    Sexual battery
  • 18.2-67.4:1  Infected sexual battery
  • 18.2-67.4:2  Sexual abuse of a child under 15/over 13
  • 18.2-67.5     Attempted rape
  • 18.2-102      Unauthorized use of an animal, aircraft, vehicle or boat (valued under $200)
  • 18.2-121      Entering property for purpose of damaging property
  • 18.2-130      Peeping
  • 18.2-370.6   Penetration of mouth of child with lascivious intent
  • 18.2-387      Indecent exposure
  • 18.2-387.1   Obscene sexual display; penalty
  • 18.2-479.1   Resisting arrest; fleeing from law enforcement

The DNA collected would be sent to a central criminal database, which can be used to convict assailants of serious crimes and exonerate those who were improperly charged. The list of misdemeanors to which DNA tests would be applied does not include traffic offenses or juvenile offenses.

The bill was the brain child of Albemarle County Sheriff Chip Harding and enjoyed the support of Gil Harrington, the mother of former Virginia Tech student, Morgan Harrington, who was abducted and murdered several years ago. A similar bill proposed by Senator Mark Obenshain (R-26) has cleared the Senate.

General Assembly Update (Feb 4, 2015)

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We are approaching “crossover,” the day on which all bills must be passed by one body so they can be sent over to the other body for consideration.  As a result, there are long floor sessions, and meetings that begin in the early morning and extend late into the evening.

DNA database expansion

A number of very important measures upon which I have worked are working their way through the process. The first is the DNA database expansion bill (HB 1617), which was proposed in response to the Hannah Graham tragedy. Right now, we collect DNA from persons convicted of felonies. Under the bill, DNA samples would be taken (much as we currently take fingerprints) from persons convicted of serious misdemeanors. The final list of misdemeanors is yet to be determined, but, for the present, in addition to those already included in the law today, the list includes:

[su_row]18.2-57       (Assault & Battery)[/su_row]
[su_row]18.2-60.3    (Stalking)[/su_row]
[su_row]18.2-102     (Theft of Vehicle Valued under $200)[/su_row]
[su_row]18.2-121     (Criminal Trespass)[/su_row]
[su_row]18.2-186.3  (Identify Fraud)[/su_row]
[su_row]18.2-195     (Credit Card Fraud)[/su_row]
[su_row]18.2-308     (Concealed Carry)[/su_row]
[su_row]18.2-387     (Indecent Exposure)[/su_row]
[su_row]18.2-387.1  (Obscene Sexual Display)[/su_row]
[su_row]18.2-460     (Obstructing Justice)[/su_row]
[su_row]18.2- 479.1 (Resisting Arrest)[/su_row]

Some people have suggested that the list includes minor offenses such as jaywalking or certain traffic offenses. This is not the case. It also does not include any offenses committed by juveniles. The list has been limited to those misdemeanors that tend to be predictive, to the extent that they can, of future criminal behavior. At sub-committee level, Sheriff Chip Harding and Gil Harrington, the mother of former Virginia Tech student Morgan Harrington, who was abducted and murdered several years ago, testified on behalf of the bill. Sheriff Harding pointed out that Jessie Mathew, the alleged assailant of Hannah Graham, had been convicted of misdemeanor trespass several years before a rape for which he has now been charged, occurred in Fairfax.  If his DNA had been taken and put into the database, it is likely that the police would have linked him to the Fairfax rape and he would never have met Hannah Graham.

Delegate Bell and Senator Obenshain have similar bills.  My bill has been rolled into Delegate Bell’s bill, and that is the measure which ultimately may be passed by the House, perhaps as early as Monday.

Campus sexual assault and campus safety

Two other initiatives that I have proposed related to campus sexual assault and campus safety are headed to the House Courts of Justice committee, having cleared a preliminary hurdle in the Education Committee. My bill, HB 2201, requires that a college transcript be annotated in the event that a person is convicted of sexual misconduct on campus or withdraws because of such an allegation. This will help inform employers and universities of the person’s previous behavior while in school so that they can make better judgments about whether to admit that person to their institution or hire them.

A more complex bill related to this issue, the College Sexual Assault Reporting bill (HB 2139), has been modified significantly since it was introduced. Originally, it was a “mandatory reporting” bill, but after hearing from many constituents and being briefed on the complexities of Federal law, the bill now is what might be referred to as an “enhanced encouragement to report” bill. I believe it balances the need for a survivor to determine how, if at all, he or she wants to prosecute a case, with the desire of the community to be protected from serial predators (studies indicate that assailants often reoffend).  Under my measure, there is a requirement that employees at universities who obtain knowledge of sexual assault report the incident to the campus Title IX Coordinator or to campus security.

The Title IX Coordinator, with the assistance of campus security, would then convene a threat assessment team, which is composed of campus security, mental health professionals, attorneys, and other designees from the University. Those people would be able to access mental health records and criminal histories on the alleged assailant to provide the team with information about the alleged perpetrator in order to determine whether they may pose a risk to the community. Under current state and federal law, this information is not easily available to the University. My redrafted bill would change that. Using the threat assessment team approach will allow universities to make better decisions on reporting.

The Title IX Coordinator will then have sufficient information to assist in the decision of whether to report the incident to local law enforcement and encourage prosecution as needed.  At the same time, the survivor will be given information sufficient to empower him or her with options of how to proceed, to ensure evidence will not be lost, and to make prosecution easier if it occurs. This strikes the appropriate balance between the rights of the victim and the rights of the community, and I hope that the General Assembly will look favorably upon it.

House revised budget

The House revised budget will be released on Sunday. We are working to include some additional monies to provide raises for state employees and teachers. I am still hopeful that we will reprogram some of the special tax breaks given to the coal and utility companies for spending on public safety and education. (You can see my speech on coal credits on YouTube).

Sidewalk construction and vehicle-to-grid bills

My bill to provide more flexibility to the City of Charlottesville and property owners, which addresses sidewalk construction requirements (HB2051), passed the House today and now heads to the Senate.  Senator Deeds is carrying the bill in the Senate.

Finally, my vehicle-to-grid bill (HB 2073) was tabled in the Energy sub-committee of Commerce and Labor on Tuesday.  Under this unique concept, an electric vehicle could return energy stored in its battery to the grid. This would help with the efficiency of the grid while providing a small financial benefit to electric vehicle owners. Delaware has such a program and has been using it for the last two years. Committee members were intrigued by the concept, and asked that it be studied further before enacting it. I will bring this measure back next year and hopefully it will receive favorable treatment.

As always, it is a pleasure representing you in the General Assembly. Please feel free to call us or write us during session with issues of concern.
Sincerely,

David Toscano

David Toscano

Contact Me

123 E. Main Street
8th Floor
Charlottesville, VA 22902
Email: davidjtoscano@gmail.com
Phone: 434-960-7171

Mailing Address

P.O. Box 501
Charlottesville, VA 22902

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